[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2009 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          50


          Parts 600 to 659

                         Revised as of October 1, 2009


          Wildlife and Fisheries
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2009
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 50:
          Chapter VI--Fishery Conservation and Management, 
          National Oceanic and Atmospheric Administration, 
          Department of Commerce                                     3
  Finding Aids:
      Table of CFR Titles and Chapters........................     721
      Alphabetical List of Agencies Appearing in the CFR......     741
      List of CFR Sections Affected...........................     751

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                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 50 CFR 600.5 refers 
                       to title 50, part 600, 
                       section 5.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2009), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
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Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
Records Administration, Washington DC 20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
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that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.




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REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    October 1, 2009.







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                               THIS TITLE

    Title 50--Fish and Wildlife is composed of nine volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(b)), part 17 (17.95(c) to end of 17.95), part 17 
(17.96 to 17.99(h)), part 17 (17.99(i) to end of part 17), parts 18-199, 
parts 200-599, parts 600-659, and part 660 to end. The first six volumes 
(parts 1-16, part 17 (17.1 to 17.95(b)), part 17 (17.95(c) to end of 
17.95), part 17 (17.96 to 17.99(h)), part 17 (17.99(i) to end of part 
17), and parts 18-199) contain the current regulations issued under 
chapter I--United States Fish and Wildlife Service, Department of the 
Interior. The seventh volume (parts 200-599) contains the current 
regulations issued under chapter II--National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, Department of Commerce; 
chapter III--International Fishing and Related Activities, chapter IV--
Joint Regulations (United States Fish and Wildlife Service, Department 
of the Interior and National Marine Fisheries Service, National Oceanic 
and Atmospheric Administration, Department of Commerce); Endangered 
Species Committee regulations; and chapter V--Marine Mammal Commission. 
The eighth and ninth volumes (parts 600-659 and part 660 to end) contain 
the current regulations issued under chapter VI--Fishery Conservation 
and Management, National Oceanic and Atmospheric Administration, 
Department of Commerce. The contents of these volumes represent all 
current regulations codified under this title of the CFR as of October 
1, 2009.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in Sec. Sec.  17.11 and 17.12.

    The OMB control numbers for the National Oceanic and Atmospheric 
Administration appear in 15 CFR 902.1.

    For this volume, Robert J. Sheehan, III was Chief Editor. The Code 
of Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains part 600 to 659)

  --------------------------------------------------------------------
                                                                    Part

chapter vi--Fishery Conservation and Management, National 
  Oceanic and Atmospheric Administration, Department of 
  Commerce..................................................         600

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 CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to Chapter VI appear at 69 FR 
53361, 53362, Sept. 1, 2004.
Part                                                                Page
600             Magnuson-Stevens Act provisions.............           5
622             Fisheries of the Caribbean, Gulf, and South 
                    Atlantic................................         194
635             Atlantic highly migratory species...........         302
640             Spiny lobster fishery of the Gulf of Mexico 
                    and South Atlantic......................         370
644             [Reserved]

648             Fisheries of the Northeastern United States.         381
654             Stone crab fishery of the Gulf of Mexico....         706
655-659         [Reserved]

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PART 600_MAGNUSON-STEVENS ACT PROVISIONS--Table of Contents




                            Subpart A_General

Sec.
600.5 Purpose and scope.
600.10 Definitions.
600.15 Other acronyms.

             Subpart B_Regional Fishery Management Councils

600.105 Intercouncil boundaries.
600.110 Intercouncil fisheries.
600.115 Statement of organization, practices, and procedures (SOPP).
600.120 Employment practices.
600.125 Budgeting, funding, and accounting.
600.130 Protection of confidentiality of statistics.
600.135 Meeting procedures.
600.150 Disposition of records.
600.155 Freedom of Information Act (FOIA) requests.

                      Subpart C_Council Membership

600.205 Principal state officials and their designees.
600.210 Terms of Council members.
600.215 Council nomination and appointment procedures.
600.220 Oath of office.
600.225 Rules of conduct.
600.230 Removal.
600.235 Financial disclosure.
600.240 Security assurances.
600.245 Council member compensation.

                      Subpart D_National Standards

600.305 General.
600.310 National Standard 1--Optimum Yield.
600.315 National Standard 2--Scientific Information.
600.320 National Standard 3--Management Units.
600.325 National Standard 4--Allocations.
600.330 National Standard 5--Efficiency.
600.335 National Standard 6--Variations and Contingencies.
600.340 National Standard 7--Costs and Benefits.
600.345 National Standard 8--Communities.
600.350 National Standard 9--Bycatch.
600.355 National Standard 10--Safety of Life at Sea.

                 Subpart E_Confidentiality of Statistics

600.405 Types of statistics covered.
600.410 Collection and maintenance of statistics.
600.415 Access to statistics.
600.420 Control system.
600.425 Release of statistics.

                        Subpart F_Foreign Fishing

600.501 Vessel permits.
600.502 Vessel reports.
600.503 Vessel and gear identification.
600.504 Facilitation of enforcement.
600.505 Prohibitions.
600.506 Observers.
600.507 Recordkeeping.
600.508 Fishing operations.
600.509 Prohibited species.
600.510 Gear avoidance and disposal.
600.511 Fishery closure procedures.
600.512 Scientific research.
600.513 Recreational fishing.
600.514 Relation to other laws.
600.515 Interpretation of 16 U.S.C. 1857(4).
600.516 Total allowable level of foreign fishing (TALFF).
600.517 Allocations.
600.518 Fee schedule for foreign fishing.
600.520 Northwest Atlantic Ocean fishery.
600.525 Applicability of Subpart F to Canadian Albacore Fishing Vessels 
          off the West Coast.
600.530 Pacific albacore fishery.

      Subpart G_Preemption of State Authority Under Section 306(b)

600.605 General policy.
600.610 Factual findings for Federal preemption.
600.615 Commencement of proceedings.
600.620 Rules pertaining to the hearing.
600.625 Secretary's decision.
600.630 Application for reinstatement of state authority.

           Subpart H_General Provisions for Domestic Fisheries

600.705 Relation to other laws.
600.710 Permits.
600.715 Recordkeeping and reporting.
600.720 Vessel and gear identification.
600.725 General prohibitions.
600.730 Facilitation of enforcement.
600.735 Penalties.
600.740 Enforcement policy.
600.745 Scientific research activity, exempted fishing, and exempted 
          educational activity.
600.746 Observers.
600.747 Guidelines and procedures for determining new fisheries and 
          gear.

                  Subpart I_Fishery Negotiation Panels

600.750 Definitions.
600.751 Determination of need for a fishery negotiation panel.
600.752 Use of conveners and facilitators.
600.753 Notice of intent to establish a fishery negotiation panel.

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600.754 Decision to establish a fishery negotiation panel.
600.755 Establishment of a fishery negotiation panel.
600.756 Conduct and operation of a fishery negotiation panel.
600.757 Operational protocols.
600.758 Preparation of report.
600.759 Use of report.
600.760 Fishery Negotiation Panel lifetime.

                 Subpart J_Essential Fish Habitat (EFH)

600.805 Purpose and scope.
600.810 Definitions and word usage.
600.815 Contents of Fishery Management Plans.

      Subpart K_EFH Coordination, Consultation, and Recommendations

600.905 Purpose, scope, and NMFS/Council cooperation.
600.910 Definitions and word usage.
600.915 Coordination for the conservation and enhancement of EFH.
600.920 Federal agency consultation with the Secretary.
600.925 NMFS EFH Conservation Recommendations to Federal and state 
          agencies.
600.930 Council comments and recommendations to Federal and state 
          agencies.

             Subpart L_Fishing Capacity Reduction Framework

600.1000 Definitions.
600.1001 Requests.
600.1002 General requirements.
600.1003 Content of a request for a financed program.
600.1004 Accepting a request for, and determinations about initiating, a 
          financed program.
600.1005 Content of a request for a subsidized program.
600.1006 Accepting a request for, and determinations about conducting, a 
          subsidized program.
600.1007 Reduction amendments.
600.1008 Implementation plan and implementation regulations.
600.1009 Bids.
600.1010 Referenda.
600.1011 Reduction methods and other conditions.
600.1012 Reduction loan.
600.1013 Fee payment and collection.
600.1014 Fee collection deposits, disbursements, records, and reports.
600.1015 Late charges.
600.1016 Enforcement.
600.1017 Prohibitions and penalties.

    Subpart M_Specific Fishery or Program Fishing Capacity Reduction 
                               Regulations

600.1100 General. [Reserved]
600.1101 Inshore fee system for repayment of the loan to harvesters of 
          Pollock from the directed fishing allowance allocated to the 
          inshore component under section 206(b)(1) of the AFA.
600.1102 Pacific Coast groundfish fee.
600.1103 Bering Sea and Aleutian Islands (BSAI) Crab species program.
600.1104 Bering Sea and Aleutian Islands (BSAI) crab species fee payment 
          and collection system.
600.1105 Longline catcher processor subsector of the Bering Sea and 
          Aleutian Islands (BSAI) non-pollock groundfish fishery 
          program.
600.1106 Longline catcher processor subsector Bering Sea and Aleutian 
          Islands (BSAI) non-pollock groundfish species fee payment and 
          collection system.

                         Subpart N_Shark Finning

600.1200 Purpose and scope.
600.1201 Relation to other laws.
600.1202 Definitions.
600.1203 Prohibitions.
600.1204 Shark finning; possession at sea and landing of shark fins.

               Subpart O_Limited Access Privilege Programs

600.1300--600.1309 [Reserved]
600.1310 New England and Gulf of Mexico Individual Fishing Quota 
          Referenda.

      Subpart P_Marine Recreational Fisheries of the United States

600.1400 Definitions.
600.1405 Angler registration.
600.1410 Registry process.
600.1415 Procedures for designating exempted states-general provisions.
600.1416 Requirements for exempted state designation based on submission 
          of state license holder data.
600.1417 Requirements for exempted state designation based on submission 
          of recreational survey data.

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

    Source: 61 FR 32540, June 24, 1996, unless otherwise noted.



                            Subpart A_General



Sec. 600.5  Purpose and scope.

    (a) This part contains general provisions governing the operation of 
the eight Regional Fishery Management

[[Page 7]]

Councils established by the Magnuson-Stevens Act and describes the 
Secretary's role and responsibilities under the Act. The Councils are 
institutions created by Federal law and must conform to the uniform 
standards established by the Secretary in this part.
    (b) This part also governs all foreign fishing under the Magnuson-
Stevens Act, prescribes procedures for the conduct of preemption 
hearings under section 306(b) of the Magnuson-Stevens Act, and collects 
the general provisions common to all domestic fisheries governed by this 
chapter.
    (c) This part also governs fishing capacity reduction programs under 
the Magnuson-Stevens Act.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 65 
FR 31443, May 18, 2000]



Sec. 600.10  Definitions.

    Unless defined otherwise in other parts of Chapter VI, the terms in 
this chapter have the following meanings:
    Administrator means the Administrator of NOAA (Under Secretary of 
Commerce for Oceans and Atmosphere) or a designee.
    Advisory group means a Scientific and Statistical Committee (SSC), 
Fishing Industry Advisory Committee (FIAC), or Advisory Panel (AP) 
established by a Council under the Magnuson-Stevens Act.
    Agent, for the purpose of foreign fishing (subpart F), means a 
person appointed and maintained within the United States who is 
authorized to receive and respond to any legal process issued in the 
United States to an owner and/or operator of a vessel operating under a 
permit and of any other vessel of that Nation fishing subject to the 
jurisdiction of the United States. Any diplomatic official accepting 
such an appointment as designated agent waives diplomatic or other 
immunity in connection with such process.
    Aggregate or summary form means confidential data structured in such 
a way that the identity of the submitter cannot be determined either 
from the present release of the data or in combination with other 
releases.
    Albacore means the species Thunnus alalunga, or a part thereof.
    Allocated species means any species or species group allocated to a 
foreign nation under Sec. 600.517 for catching by vessels of that 
Nation.
    Allocation means direct and deliberate distribution of the 
opportunity to participate in a fishery among identifiable, discrete 
user groups or individuals.
    Allowable chemical means a substance, generally used to immobilize 
marine life so it can be captured alive, that, when introduced into the 
water, does not take Gulf and South Atlantic prohibited coral (as 
defined at 50 CFR 622.2) and is allowed by Florida or Hawaii or the U.S. 
Pacific Insular Area for the harvest of tropical fish.
    Anadromous species means species of fish that spawn in fresh or 
estuarine waters of the United States and that migrate to ocean waters.
    Angling means fishing for, attempting to fish for, catching or 
attempting to catch fish by any person (angler) with a hook attached to 
a line that is hand-held or by rod and reel made for this purpose.
    Area of custody means any vessel, building, vehicle, live car, 
pound, pier or dock facility where fish might be found.
    Assistant Administrator means the Assistant Administrator for 
Fisheries, NOAA, or a designee.
    Atlantic tunas means bluefin, albacore, bigeye, skipjack, and 
yellowfin tunas found in the Atlantic Ocean.
    Atlantic Tunas Convention Act means the Atlantic Tunas Convention 
Act of 1975, 16 U.S.C. 971-971h.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the USCG;
    (2) Any special agent or fishery enforcement officer of NMFS;
    (3) Any officer designated by the head of any Federal or state 
agency that has entered into an agreement with the Secretary and the 
Commandant of the USCG to enforce the provisions of the Magnuson-Stevens 
Act or any other statute administered by NOAA; or
    (4) Any USCG personnel accompanying and acting under the direction 
of any person described in paragraph (1) of this definition.
    Authorized species means any species or species group that a foreign 
vessel is

[[Page 8]]

authorized to retain in a joint venture by a permit issued under 
Activity Code 4 as described by Sec. 600.501(c).
    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 vertical hook and line gear with rods that are 
attached to the vessel when in use. Lines are retrieved by manual, 
electric, or hydraulic reels.
    Barrier net means a small-mesh net used to capture coral reef or 
coastal pelagic fishes.
    Bigeye tuna means the species Thunnus obesus, or a part thereof.
    Billfish means blue marlin, longbill spearfish, sailfish, or white 
marlin.
    Bluefin tuna means the species Thunnus thynnus, or a part thereof.
    Blue marlin means the species Makaira nigricans, or a part thereof.
    Bully net means a circular frame attached at right angles to a pole 
and supporting a conical bag of webbing.
    Buoy gear means fishing gear consisting of a float and one or more 
lines suspended therefrom. A hook or hooks are on the lines at or near 
the end. The float and line(s) drift freely and are retrieved 
periodically to remove catch and rebait hooks.
    Carcass means a fish in whole condition or that portion of a fish 
that has been gilled and/or gutted and the head and some or all fins 
have been removed, but that is otherwise in whole condition.
    Cast net means a circular net with weights attached to the 
perimeter.
    Catch limit means the total allowable harvest or take from a single 
fishing trip or day, as defined in this section.
    Catch, take, or harvest includes, but is not limited to, any 
activity that results in killing any fish or bringing any live fish on 
board a vessel.
    Center means one of the five NMFS Fisheries Science Centers.
    Charter boat means a vessel less than 100 gross tons (90.8 mt) that 
meets the requirements of the U.S. Coast Guard to carry six or fewer 
passengers for hire.
    Coast Guard Commander means one of the commanding officers of the 
Coast Guard units specified in Table 1 of Sec. 600.502, or a designee.
    Codend means the terminal, closed end of a trawl net.
    Compensation fishing means fishing conducted for the purpose of 
recovering costs associated with resource surveys and scientific studies 
that support the management of a fishery, or to provide incentive for 
participation in such studies. Compensation fishing may include fishing 
during or subsequent to such surveys or studies.
    Confidential statistics are those submitted as a requirement of an 
FMP and that reveal the business or identity of the submitter.
    Conservation engineering means the development and assessment of 
fishing technologies and fishing techniques designed to conserve target 
and non-target species, and may include the study of fish behavior and 
the development and testing of new gear technologies and fishing 
techniques to minimize bycatch and any adverse effects on essential fish 
habitat and promote efficient harvest of target species. Conservation 
engineering may include the assessment of existing fishing technologies 
applied in novel ways. An example would be assessing the ability of a 
bycatch reduction device (BRD), designed and proven in one fishery, to 
reduce bycatch in another fishery. Conservation engineering meeting the 
definition of scientific research activity is not fishing.
    Continental shelf fishery resources means the species listed under 
section 3(7) of the Magnuson-Stevens Act.
    Council means one of the eight Regional Fishery Management Councils 
established by the Magnuson-Stevens Act.
    Data, statistics, and information are used interchangeably.
    Dealer means the person who first receives fish by way of purchase, 
barter, or trade.
    Designated representative means the person appointed by a foreign 
nation and maintained within the United States who is responsible for 
transmitting information to and submitting reports from vessels of that 
Nation and establishing observer transfer arrangements for vessels in 
both directed and joint venture activities.

[[Page 9]]

    Dip net means a small mesh bag, sometimes attached to a handle, 
shaped and framed in various ways. It is operated by hand or partially 
by mechanical power to capture the fish.
    Directed fishing, for the purpose of foreign fishing (subpart F), 
means any fishing by the vessels of a foreign nation for allocations of 
fish granted that Nation under Sec. 600.517.
    Director means the Director of the Office of Sustainable Fisheries, 
1315 East-West Highway, Silver Spring, MD 20910.
    Discard means to release or return fish to the sea, whether or not 
such fish are brought fully on board a fishing vessel.
    Dredge means a gear consisting of a mouth frame attached to a 
holding bag constructed of metal rings or mesh.
    Drop net means a small, usually circular net with weight around the 
perimeter and a float in the center.
    Essential fish habitat (EFH) means those waters and substrate 
necessary to fish for spawning, breeding, feeding, or growth to 
maturity. For the purpose of interpreting the definition of essential 
fish habitat: ``Waters'' include aquatic areas and their associated 
physical, chemical, and biological properties that are used by fish and 
may include aquatic areas historically used by fish where appropriate; 
``substrate'' includes sediment, hard bottom, structures underlying the 
waters, and associated biological communities; ``necessary'' means the 
habitat required to support a sustainable fishery and the managed 
species' contribution to a healthy ecosystem; and ``spawning, breeding, 
feeding, or growth to maturity'' covers a species' full life cycle.
    Exclusive economic zone (EEZ) means the zone established by 
Presidential Proclamation 5030, 3 CFR part 22, dated March 10, 1983, and 
is that area adjacent to the United States which, except where modified 
to accommodate international boundaries, encompasses all waters from the 
seaward boundary of each of the coastal states to a line on which each 
point is 200 nautical miles (370.40 km) from the baseline from which the 
territorial sea of the United States is measured.
    Exempted educational activity means an activity that would otherwise 
be considered fishing, conducted by an educational institution 
accredited by a recognized national or international accreditation body, 
of limited scope and duration, that is otherwise prohibited by this 
chapter VI, but that is authorized by the appropriate Regional 
Administrator or Director for educational purposes, i.e., the 
instruction of an individual or group, and authorized capture of only 
the amount of fish necessary to demonstrate the lesson.
    Exempted or experimental fishing means fishing from a vessel of the 
United States that involves activities otherwise prohibited by this 
chapter VI, but that are authorized under an exempted fishing permit 
(EFP). The regulations in Sec. 600.745 refer exclusively to exempted 
fishing. References elsewhere in this chapter to experimental fishing 
mean exempted fishing under this part.
    Fillet means to remove slices of fish flesh from the carcass by cuts 
made parallel to the backbone.
    Fish means:
    (1) When used as a noun, means any finfish, mollusk, crustacean, or 
parts thereof, and all other forms of marine animal and plant life other 
than marine mammals and birds.
    (2) When used as a verb, means to engage in ``fishing,'' as defined 
below.
    Fishery means:
    (1) One or more stocks of fish that can be treated as a unit for 
purposes of conservation and management and that are identified on the 
basis of geographic, scientific, technical, recreational, or economic 
characteristics, or method of catch; or
    (2) Any fishing for such stocks.
    Fishery management unit (FMU) means a fishery or that portion of a 
fishery identified in an FMP relevant to the FMP's management 
objectives. The choice of an FMU depends on the focus of the FMP's 
objectives, and may be organized around biological, geographic, 
economic, technical, social, or ecological perspectives.
    Fishery resource means any fish, any stock of fish, any species of 
fish, and any habitat of fish.
    Fishing, or to fish means any activity, other than scientific 
research conducted by a scientific research vessel, that involves:

[[Page 10]]

    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching, taking, or harvesting of fish; or
    (4) Any operations at sea in support of, or in preparation for, any 
activity described in paragraphs (1), (2), or (3) of this definition.
    Fishing vessel means any vessel, boat, ship, or other craft that is 
used for, equipped to be used for, or of a type that is normally used 
for:
    (1) Fishing; or
    (2) Aiding or assisting one or more vessels at sea in the 
performance of any activity relating to fishing, including, but not 
limited to, preparation, supply, storage, refrigeration, transportation, 
or processing.
    Fish weir means a large catching arrangement with a collecting 
chamber that is made of non-textile material (wood, wicker) instead of 
netting as in a pound net.
    Foreign fishing means fishing by a foreign fishing vessel.
    Foreign fishing vessel (FFV) means any fishing vessel other than a 
vessel of the United States, except those foreign vessels engaged in 
recreational fishing, as defined in this section.
    Gear conflict means any incident at sea involving one or more 
fishing vessels:
    (1) In which one fishing vessel or its gear comes into contact with 
another vessel or the gear of another vessel; and
    (2) That results in the loss of, or damage to, a fishing vessel, 
fishing gear, or catch.
    Gillnet means a panel of netting, suspended vertically in the water 
by floats along the top and weights along the bottom, to entangle fish 
that attempt to pass through it.
    Governing International Fishery Agreement (GIFA) means an agreement 
between the United States and a foreign nation or Nations under section 
201(c) of the Magnuson-Stevens Act.
    Grants Officer means the NOAA official authorized to sign, on behalf 
of the Government, the cooperative agreement providing funds to support 
the Council's operations and functions.
    Greenwich mean time (GMT) means the local mean time at Greenwich, 
England. All times in this part are GMT unless otherwise specified.
    Handgear means handline, harpoon, or rod and reel.
    Hand harvest means harvesting by hand.
    Handline means fishing gear that is set and pulled by hand and 
consists of one vertical line to which may be attached leader lines with 
hooks.
    Harass means to unreasonably interfere with an individual's work 
performance, or to engage in conduct that creates an intimidating, 
hostile, or offensive environment.
    Harpoon or harpoon gear means fishing gear consisting of a pointed 
dart or iron attached to the end of a line several hundred feet in 
length, the other end of which is attached to a floatation device. 
Harpoon gear is attached to a pole or stick that is propelled only by 
hand, and not by mechanical means.
    Headboat means a vessel that holds a valid Certificate of Inspection 
issued by the U.S. Coast Guard to carry passengers for hire.
    Hook and line means one or more hooks attached to one or more lines 
(can include a troll).
    Hoop net means a cone-shaped or flat net which may or may not have 
throats and flues stretched over a series of rings or hoops for support.
    Industry means both recreational and commercial fishing, and 
includes the harvesting, processing, and marketing sectors.
    International radio call sign (IRCS) means the unique radio 
identifier assigned a vessel by the appropriate authority of the flag 
state.
    Joint venture means any operation by a foreign vessel assisting 
fishing by U.S. fishing vessels, including catching, scouting, 
processing and/or support. (A joint venture generally entails a foreign 
vessel processing fish received from U.S. fishing vessels and conducting 
associated support activities.)
    Lampara net means a surround net with the sections of netting made 
and joined to create bagging. It is hauled

[[Page 11]]

with purse rings and is generally much smaller in size than a purse 
seine net.
    Land means to begin offloading fish, to offload fish, or to arrive 
in port or at a dock, berth, beach, seawall, or ramp.
    Limited access system means a system that limits participation in a 
fishery to those satisfying certain eligibility criteria or requirements 
contained in a fishery management plan or associated regulation.
    Longbill spearfish means the species Tetrapturus pfluegeri, or a 
part thereof.
    Longline means a line that is deployed horizontally and to which 
gangions and hooks or pots are attached. Longlines can be stationary, 
anchored, or buoyed lines that may be hauled manually, electrically, or 
hydraulically.
    Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation 
and Management Act, as amended (16 U.S.C. 1801 et seq.), formerly known 
as the Magnuson Act.
    Metric ton (mt) means 1,000 kg (2,204.6 lb).
    nm means nautical mile (6,076 ft (1,852 m)).
    Official number means the documentation number issued by the USCG or 
the certificate number issued by a state or by the USCG for an 
undocumented vessel.
    Operator, with respect to any vessel, means the master or other 
individual aboard and in charge of that vessel.
    Optimum yield (OY) means the amount of fish that:
    (1) Will provide the greatest overall benefit to the Nation, 
particularly with respect to food production and recreational 
opportunities, and taking into account the protection of marine 
ecosystems;
    (2) Is prescribed as such on the basis of the maximum sustainable 
yield from the fishery, as reduced by any relevant economic, social, or 
ecological factor; and
    (3) In the case of an overfished fishery, provides for rebuilding to 
a level consistent with producing the maximum sustainable yield in such 
fishery.
    Owner, with respect to any vessel, means:
    (1) Any person who owns that vessel in whole or in part;
    (2) Any charterer of the vessel, whether bareboat, time, or voyage;
    (3) Any person who acts in the capacity of a charterer, including, 
but not limited to, parties to a management agreement, operating 
agreement, or any similar agreement that bestows control over the 
destination, function, or operation of the vessel; or
    (4) Any agent designated as such by a person described in paragraph 
(1), (2), or (3) of this definition.
    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.
    Plan Team means a Council working group selected from agencies, 
institutions, and organizations having a role in the research and/or 
management of fisheries, whose primary purpose is to assist the Council 
in the preparation and/or review of FMPs, amendments, and supporting 
documents for the Council, and/or SSC and AP.
    Postmark means independently verifiable evidence of the date of 
mailing, such as a U.S. Postal Service postmark, or other private 
carrier postmark, certified mail receipt, overnight mail receipt, or a 
receipt issued upon hand delivery to a representative of NMFS authorized 
to collect fishery statistics.
    Pot means trap.
    Powerhead means any device with an explosive charge, usually 
attached to a spear gun, spear, pole, or stick, that may or may not fire 
a projectile upon contact.
    Predominately means, with respect to fishing in a fishery, that more 
fishing on a stock or stocks of fish covered by the FMP occurs, or would 
occur in the absence of regulations, within or beyond the EEZ than 
occurs in the aggregate within the boundaries of all states off the 
coasts of which the fishery is conducted.
    Processing, for the purpose of foreign fishing (subpart F), means 
any operation by an FFV to receive fish from foreign or U.S. fishing 
vessels and/or the preparation of fish, including, but not limited to, 
cleaning, cooking, canning, smoking, salting, drying, or freezing, 
either on the FFV's behalf or to assist other foreign or U.S. fishing 
vessels.

[[Page 12]]

    Product recovery rate (PRR) means a ratio expressed as a percentage 
of the weight of processed product divided by the round weight of fish 
used to produce that amount of product.
    Prohibited species, with respect to a foreign vessel, means any 
species of fish that that vessel is not specifically allocated or 
authorized to retain, including fish caught or received in excess of any 
allocation or authorization.
    Purchase means the act or activity of buying, trading, or bartering, 
or attempting to buy, trade, or barter.
    Purse seine means a floated and weighted encircling net that is 
closed by means of a drawstring threaded through rings attached to the 
bottom of the net.
    Recreational fishing, with respect to a foreign vessel, means any 
fishing from a foreign vessel not operated for profit and not operated 
for the purpose of scientific research. It may not involve the sale, 
barter, or trade of part or all of the catch (see Sec. 600.513).
    Retain on board means to fail to return fish to the sea after a 
reasonable opportunity to sort the catch.
    Region means one of six NMFS Regional Offices responsible for 
administering the management and development of marine resources in the 
United States in their respective geographical areas of responsibility.
    Regional Administrator means the Administrator of one of the six 
NMFS Regions.
    Regional Program Officer means the NMFS official designated in the 
terms and conditions of the grant award responsible for monitoring, 
recommending, and reviewing any technical aspects of the application for 
Federal assistance and the award.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually or electrically operated reel attached.
    Round means a whole fish--one that has not been gilled, gutted, 
beheaded, or definned.
    Round weight means the weight of the whole fish before processing or 
removal of any part.
    Sailfish means the species Istiophorus platypterus, or a part 
thereof.
    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 means the Director of one of the six 
NMFS Fisheries Science Centers described in Table 1 of Sec. 600.502, or 
a designee, also known as a Center Director.
    Scientific cruise means the period of time during which a scientific 
research vessel is operated in furtherance of a scientific research 
project, beginning when the vessel leaves port to undertake the project 
and ending when the vessel completes the project as provided for in the 
applicable scientific research plan.
    Scientific research activity is, for the purposes of this part, an 
activity in furtherance of a scientific fishery investigation or study 
that would meet the definition of fishing under the Magnuson-Stevens 
Act, but for the exemption applicable to scientific research activity 
conducted from a scientific research vessel. Scientific research 
activity includes, but is not limited to, sampling, collecting, 
observing, or surveying the fish or fishery resources within the EEZ, at 
sea, on board scientific research vessels, to increase scientific 
knowledge of the fishery resources or their environment, and to test a 
hypothesis as part of a planned, directed investigation or study 
conducted according to methodologies generally accepted as appropriate 
for scientific research. At-sea scientific fishery investigations 
address one or more topics involving taxonomy, biology, physiology, 
behavior, disease, aging, growth, mortality, migration, recruitment, 
distribution, abundance, ecology, stock structure, bycatch or other 
collateral effects of fishing, conservation engineering, and catch 
estimation of fish species considered to be a component of the fishery 
resources within the EEZ. Scientific research activity does not include 
the collection and retention of fish outside the scope of the applicable 
research plan, or the testing of fishing gear. Data collection designed 
to capture and land quantities of fish for product development, market 
research, and/or public display are not scientific research activities. 
For

[[Page 13]]

foreign vessels, such data collection activities are considered 
scientific research if they are carried out in full cooperation with the 
United States.
    Scientific research plan means a detailed, written formulation, 
prepared in advance of the research, for the accomplishment of a 
scientific research project. At a minimum, a sound scientific research 
plan should include:
    (1) A description of the nature and objectives of the project, 
including the hypothesis or hypotheses to be tested.
    (2) The experimental design of the project, including a description 
of the methods to be used, the type and class of any vessel(s) to be 
used, and a description of sampling equipment.
    (3) The geographical area(s) in which the project is to be 
conducted.
    (4) The expected date of first appearance and final departure of the 
research vessel(s) to be employed, and deployment and removal of 
equipment, as appropriate.
    (5) The expected quantity and species of fish to be taken and their 
intended disposition, and, if significant amounts of a managed species 
or species otherwise restricted by size or sex are needed, an 
explanation of such need.
    (6) The name, address, and telephone/telex/fax number of the 
sponsoring organization and its director.
    (7) The name, address, and telephone/telex/fax number, and 
curriculum vitae of the person in charge of the project and, where 
different, the person in charge of the research project on board the 
vessel.
    (8) The identity of any vessel(s) to be used including, but not 
limited to, the vessel's name, official documentation number and IRCS, 
home port, and name, address, and telephone number of the owner and 
master.
    Scientific research vessel means a vessel owned or chartered by, and 
controlled by, a foreign government agency, U.S. Government agency 
(including NOAA or institutions designated as federally funded research 
and development centers), U.S. state or territorial agency, university 
(or other educational institution accredited by a recognized national or 
international accreditation body), international treaty organization, or 
scientific institution. In order for a domestic commercial fishing 
vessel to meet this definition, it must be under the control of a 
qualifying agency or institution, and operate in accordance with a 
scientific research plan, for the duration of the scientific research 
activity. In order for a vessel that is owned or chartered and 
controlled by a foreign government to meet this definition, the vessel 
must have scientific research as its exclusive mission during the 
scientific activity in question, and the vessel operations must be 
conducted in accordance with a scientific research plan.
    Scouting means any operation by a vessel exploring (on the behalf of 
an FFV or U.S. fishing vessel) for the presence of fish by visual, 
acoustic, or other means that do not involve the catching of fish.
    Secretary means the Secretary of Commerce or a designee.
    Seine means a net with long narrow wings, that is rigged with floats 
and weights.
    Skipjack tuna means the species Katsuwonus pelamis, or a part 
thereof.
    Slurp gun means a tube-shaped suction device that operates somewhat 
like a syringe by sucking up the fish.
    Snare means a device consisting of a pole to which is attached a 
line forming at its end a loop with a running knot that tightens around 
the fish when the line is pulled.
    Spear means a sharp, pointed, or barbed instrument on a shaft. 
Spears can be operated manually or shot from a gun or sling.
    State means each of the several states, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, 
Guam, the Northern Mariana Islands, and any other Commonwealth, 
territory, or possession of the United States.
    State employee means any employee of the state agency responsible 
for developing and monitoring the state's program for marine and/or 
anadromous fisheries.
    Statement of Organization, Practices, and Procedures (SOPP) means a 
statement by each Council describing its organization, practices, and 
procedures as required under section 302(f)(6) of the Magnuson-Stevens 
Act.
    Stock assessment means the process of collecting and analyzing 
biological and

[[Page 14]]

statistical information to determine the changes in the abundance of 
fishery stocks in response to fishing, and, to the extent possible, to 
predict future trends of stock abundance. Stock assessments are based on 
resource surveys; knowledge of the habitat requirements, life history, 
and behavior of the species; the use of environmental indices to 
determine impacts on stocks; and catch statistics. Stock assessments are 
used as a basis to ``assess and specify the present and probable future 
condition of a fishery'' (as is required by the Magnuson-Stevens Act), 
and are summarized in the Stock Assessment and Fishery Evaluation or 
similar document.
    Stock Assessment and Fishery Evaluation (SAFE) means a document or 
set of documents that provides Councils with a summary of the most 
recent biological condition of species in an FMU, and the social and 
economic condition of the recreational and commercial fishing industries 
and the fish processing industries. It summarizes, on a periodic basis, 
the best available scientific information concerning the past, present, 
and possible future condition of the stocks and fisheries being managed 
under Federal regulation.
    Submersible means a manned or unmanned device that functions or 
operates primarily underwater and is used to harvest fish, i.e., 
precious corals, with mechanical arms.
    Substantially (affects) means, for the purpose of subpart G, with 
respect to whether a state's action or omission will substantially 
affect the carrying out of an FMP for a fishery, that those effects are 
important or material, or considerable in degree. The effects of a 
state's action or omission for purposes of this definition include 
effects upon:
    (1) The achievement of the FMP's goals or objectives for the 
fishery;
    (2) The achievement of OY from the fishery on a continuing basis;
    (3) The attainment of the national standards for fishery 
conservation and management (as set forth in section 301(a) of the 
Magnuson-Stevens Act) and compliance with other applicable law; or
    (4) The enforcement of regulations implementing the FMP.
    Support means any operation by a vessel assisting fishing by foreign 
or U.S. vessels, including supplying water, fuel, provisions, fish 
processing equipment, or other supplies to a fishing vessel.
    Swordfish means the species Xiphias gladius, or a part thereof.
    Tangle net dredge means dredge gear consisting of weights and flimsy 
netting that hangs loosely in order to immediately entangle fish.
    Total length (TL) means the straight-line distance from the tip of 
the snout to the tip of the tail (caudal fin) while the fish is lying on 
its side, normally extended.
    Trammel net means a net consisting of two or more panels of netting, 
suspended vertically in the water column by a common float line and a 
common weight line. One panel of netting has a larger mesh size than the 
other(s) in order to entrap fish in a pocket.
    Transship means offloading and onloading or otherwise transferring 
fish or fish products and/or transporting fish or products made from 
fish.
    Trap means a portable, enclosed device with one or more gates or 
entrances and one or more lines attached to surface floats. Also called 
a pot.
    Trawl means a cone or funnel-shaped net that is towed through the 
water, and can include a pair trawl that is towed simultaneously by two 
boats.
    Trip means the time period that begins when a fishing vessel departs 
from a dock, berth, beach, seawall, ramp, or port to carry out fishing 
operations and that terminates with a return to a dock, berth, beach, 
seawall, ramp, or port.
    U.S. observer or observer means any person serving in the capacity 
of an observer employed by NMFS, either directly or under contract, or 
certified as a supplementary observer by NMFS.
    Vessel of the United States or U.S. vessel means:
    (1) Any vessel documented under chapter 121 of title 46, United 
States Code;
    (2) Any vessel numbered under chapter 123 of title 46, United States 
Code, and measuring less than 5 net tons;

[[Page 15]]

    (3) Any vessel numbered under chapter 123 of title 46, United States 
Code, and used exclusively for pleasure; or
    (4) Any vessel not equipped with propulsion machinery of any kind 
and used exclusively for pleasure.
    White marlin means the species Tetrapturus albidus, or a part 
thereof.
    Yellowfin tuna means the species Thunnus albacares, or a part 
thereof.

[61 FR 32540, June 24, 1996, as amended at 62 FR 14646, Mar. 27, 1997; 
62 FR 66551, Dec. 19, 1997; 63 FR 7073, 7075, Feb. 12, 1998; 64 FR 4036, 
Jan. 27, 1999; 64 FR 29133, May 28, 1999; 64 FR 67516, Dec. 2, 1999; 67 
FR 2375, Jan. 17, 2002; 67 FR 64312, Oct. 18, 2002; 69 FR 30240, May 27, 
2004; 73 FR 67810, Nov. 17, 2008; 74 FR 42792, Aug. 25, 2009]



Sec. 600.15  Other acronyms.

    (a) Fishery management terms. (1) ABC--acceptable biological catch
    (2) ATCA-Atlantic Tunas Convention Act
    (3) BFT (Atlantic bluefin tuna) means the subspecies of bluefin 
tuna, Thunnus thynnus thynnus, or a part thereof, that occurs in the 
Atlantic Ocean.
    (4) BSD means the ICCAT bluefin tuna statistical document.
    (5) DAH--estimated domestic annual harvest
    (6) DAP--estimated domestic annual processing
    (7) EIS--environmental impact statement
    (8) EY--equilibrium yield
    (9) FMP--fishery management plan
    (10) ICCAT means the International Commission for the Conservation 
of Atlantic Tunas.
    (11) JVP--joint venture processing
    (12) MSY--maximum sustainable yield
    (13) PMP--preliminary FMP
    (14) TAC--total allowable catch
    (15) TALFF--total allowable level of foreign fishing
    (b) Legislation. (1) APA--Administrative Procedure Act
    (2) CZMA--Coastal Zone Management Act
    (3) ESA--Endangered Species Act
    (4) FACA--Federal Advisory Committee Act
    (5) FOIA--Freedom of Information Act
    (6) FLSA--Fair Labor Standards Act
    (7) MMPA--Marine Mammal Protection Act
    (8) MPRSA--Marine Protection, Research, and Sanctuaries Act
    (9) NEPA--National Environmental Policy Act
    (10) PA--Privacy Act
    (11) PRA--Paperwork Reduction Act
    (12) RFA--Regulatory Flexibility Act
    (c) Federal agencies. (1) CEQ--Council on Environmental Quality
    (2) DOC--Department of Commerce
    (3) DOI--Department of the Interior
    (4) DOS--Department of State
    (5) EPA--Environmental Protection Agency
    (6) FWS--Fish and Wildlife Service
    (7) GSA--General Services Administration
    (8) NMFS--National Marine Fisheries Service
    (9) NOAA--National Oceanic and Atmospheric Administration
    (10) OMB--Office of Management and Budget
    (11) OPM--Office of Personnel Management
    (12) SBA--Small Business Administration
    (13) USCG--United States Coast Guard

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 
FR 29134, May 28, 1999]



             Subpart B_Regional Fishery Management Councils



Sec. 600.105  Intercouncil boundaries.

    (a) New England and Mid-Atlantic Councils. The boundary begins at 
the intersection point of Connecticut, Rhode Island, and New York at 
41[deg]18[min]16.249[sec] N. lat. and 71[deg]54[min]28.477[sec] W. long. 
and proceeds south 37[deg]22[min]32.75[sec] East to the point of 
intersection with the outward boundary of the EEZ as specified in the 
Magnuson-Stevens Act.
    (b) Mid-Atlantic and South Atlantic Councils. The boundary begins at 
the seaward boundary between the States of Virginia and North Carolina 
(36[deg]31[min]00.8[sec] N. lat.), and proceeds due east to the point of 
intersection with the outward boundary of the EEZ as specified in the 
Magnuson-Stevens Act.
    (c) South Atlantic and Gulf of Mexico Councils. The boundary 
coincides with the line of demarcation between the Atlantic Ocean and 
the Gulf of Mexico, which begins at the intersection of the

[[Page 16]]

outer boundary of the EEZ, as specified in the Magnuson-Stevens Act, and 
83[deg]00[min] W. long., proceeds northward along that meridian to 
24[deg]35[min] N. lat., (near the Dry Tortugas Islands), thence eastward 
along that parallel, through Rebecca Shoal and the Quicksand Shoal, to 
the Marquesas Keys, and then through the Florida Keys to the mainland at 
the eastern end of Florida Bay, the line so running that the narrow 
waters within the Dry Tortugas Islands, the Marquesas Keys and the 
Florida Keys, and between the Florida Keys and the mainland, are within 
the Gulf of Mexico.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.110  Intercouncil fisheries.

    If any fishery extends beyond the geographical area of authority of 
any one Council, the Secretary may--
    (a) Designate a single Council to prepare the FMP for such fishery 
and any amendments to such FMP, in consultation with the other Councils 
concerned; or
    (b) Require that the FMP and any amendments be prepared jointly by 
all the Councils concerned.
    (1) A jointly prepared FMP or amendment must be adopted by a 
majority of the voting members, present and voting, of each 
participating Council. Different conservation and management measures 
may be developed for specific geographic areas, but the FMP should 
address the entire geographic range of the stock(s).
    (2) In the case of joint FMP or amendment preparation, one Council 
will be designated as the ``administrative lead.'' The ``administrative 
lead'' Council is responsible for the preparation of the FMP or any 
amendments and other required documents for submission to the Secretary.
    (3) None of the Councils involved in joint preparation may withdraw 
without Secretarial approval. If Councils cannot agree on approach or 
management measures within a reasonable period of time, the Secretary 
may designate a single Council to prepare the FMP or may issue the FMP 
under Secretarial authority.



Sec. 600.115  Statement of organization, practices, and procedures (SOPP).

    (a) Councils are required to publish and make available to the 
public a SOPP in accordance with such uniform standards as are 
prescribed by the Secretary (section 302(f)(6)) of the Magnuson-Stevens 
Act. The purpose of the SOPP is to inform the public how the Council 
operates within the framework of the Secretary's uniform standards.
    (b) Amendments to current SOPPs must be consistent with the 
guidelines in this section and the terms and conditions of the 
cooperative agreement, the statutory requirements of the Magnuson-
Stevens Act and other applicable law. Upon approval of a Council's SOPP 
amendment by the Secretary, a Notice of Availability will be published 
in the Federal Register, including an address where the public may write 
to request copies.
    (c) Councils may deviate, where lawful, from the guidelines with 
appropriate supporting rationale, and Secretarial approval of each 
amendment to a SOPP would constitute approval of any such deviations for 
that particular Council.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.120  Employment practices.

    (a) Council staff positions must be filled solely on the basis of 
merit, fitness for duty, competence, and qualifications. Employment 
actions must be free from discrimination based on race, religion, color, 
national origin, sex, age, disability, reprisal, sexual orientation, 
status as a parent, or on any additional bases protected by applicable 
Federal, state, or local law.
    (b) The annual pay rates for Council staff positions shall be 
consistent with the pay rates established for General Schedule Federal 
employees as set forth in 5 U.S.C. 5332, and the Alternative Personnel 
Management System for the U.S. Department of Commerce (62 FR 67434). The 
Councils have the discretion to adjust pay rates and pay increases based 
on cost of living (COLA) differentials in their geographic locations. 
COLA adjustments in pay rates and pay increases may be provided for 
staff members whose post

[[Page 17]]

of duty is located in Alaska, Hawaii, Guam, the U.S. Virgin Islands, the 
Northern Mariana Islands, and Puerto Rico.
    (1) No pay adjustment based on geographic location shall exceed the 
COLA and locality pay adjustments available to Federal employees in the 
same geographic area.
    (2) [Reserved]
    (c) Salary increases funded in lieu of life and medical/dental 
policies are not permitted.
    (d) Unused sick leave may be accumulated without limit, or up to a 
maximum number of days and contribution per day, as specified by the 
Council in its SOPP. Distributions of accumulated funds for unused sick 
leave may be made to the employee upon his or her retirement, or to his 
or her estate upon his or her death, as established by the Council in 
its SOPP.
    (e) Each Council may pay for unused annual leave upon separation, 
retirement, or death of an employee.
    (f) One or more accounts shall be maintained to pay for unused sick 
or annual leave as authorized under paragraphs (d) and (e) of this 
section, and will be funded from the Council's annual operating 
allowances. Councils have the option to deposit funds into these 
account(s) at the end of the budget period if unobligated balances 
remain. Interest earned on these account(s) will be maintained in the 
account(s), along with the principal, for the purpose of payment of 
unused annual and sick leave only. These account(s), including interest, 
may be carried over from year to year. Budgeting for accrued leave will 
be identified in the ``Other'' object class categories section of the 
SF-424A.
    (g) A Council must notify the NOAA Office of General Counsel before 
seeking outside legal advice, which may be for technical assistance not 
available from NOAA. If the Council is seeking legal services in 
connection with an employment practices question, the Council must first 
notify the Department of Commerce's Office of the Assistant General 
Counsel for Administration, Employment and Labor Law Division. A Council 
may not contract for the provision of legal services on a continuing 
basis.

[66 FR 57886, Nov. 19, 2001]



Sec. 600.125  Budgeting, funding, and accounting.

    (a) Each Council's grant activities are governed by OMB Circular A-
110 (Uniform Administrative Requirements for Grants and Agreements with 
Institutions of Higher Education, Hospitals, and other Non-Profit 
Organizations), OMB Circular A-122 (Cost Principles for Non-Profit 
Organizations), 15 CFR Part 29b (Audit Requirements for Institutions of 
Higher Education and other Nonprofit Organizations), and the terms and 
conditions of the cooperative agreement. (See 5 CFR 1310.3 for 
availability of OMB Circulars.)
    (b) Councils may not independently enter into agreements, including 
grants, contracts, or cooperative agreements, whereby they will receive 
funds for services rendered. All such agreements must be approved and 
entered into by NOAA on behalf of the Councils.
    (c) Councils are not authorized to accept gifts or contributions 
directly. All such donations must be directed to the NMFS Regional 
Administrator in accordance with applicable Department of Commerce 
regulations.

[66 FR 57887, Nov. 19, 2001]



Sec. 600.130  Protection of confidentiality of statistics.

    Each Council must establish appropriate procedures for ensuring the 
confidentiality of the statistics that may be submitted to it by Federal 
or state authorities and may be voluntarily submitted to it by private 
persons, including, but not limited to (also see Sec. 600.405):
    (a) Procedures for the restriction of Council member, employee, or 
advisory group access and the prevention of conflicts of interest, 
except that such procedures must be consistent with procedures of the 
Secretary.
    (b) In the case of statistics submitted to the Council by a state, 
the confidentiality laws and regulations of that state.

[[Page 18]]



Sec. 600.135  Meeting procedures.

    (a) Public notice of regular meetings of the Council, scientific 
statistical committee or advisory panels, including the agenda, must be 
published in the Federal Register on a timely basis, and appropriate 
news media notice must be given. The published agenda of any regular 
meeting may not be modified to include additional matters for Council 
action without public notice, or such notice must be given at least 14 
days prior to the meeting date, unless such modification is to address 
an emergency under section 305 (c) of the Magnuson-Stevens Act, in which 
case public notice shall be given immediately. Drafts of all regular 
public meeting notices must be transmitted to the NMFS Headquarters 
Office at least 23 calendar days before the first day of the regular 
meeting. Councils must ensure that all public meetings are accessible to 
persons with disabilities, and that the public can make timely requests 
for language interpreters or other auxiliary aids at public meetings.
    (b) Drafts of emergency public notices must be transmitted to the 
NMFS Washington Office; recommended at least 5 working days prior to the 
first day of the emergency meeting. Although notices of, and agendas 
for, emergency meetings are not required to be published in the Federal 
Register, notices of emergency meetings must be promptly announced 
through the appropriate news media.
    (c) After notifying local newspapers in the major fishing ports 
within its region, having included in the notification the time and 
place of the meeting and the reason for closing any meeting or portion 
thereof:
    (1) A Council, SSC, AP, or FIAC shall close any meeting, or portion 
thereof, that concerns information bearing on a national security 
classification.
    (2) A Council, SSC, AP, or FIAC may close any meeting, or portion 
thereof, that concerns matters or information pertaining to national 
security, employment matters, or briefings on litigation in which the 
Council is interested.
    (3) A Council, SSC, AP, or FIAC may close any meeting, or portion 
thereof, that concerns internal administrative matters other than 
employment. Examples of other internal administrative matters include 
candidates for appointment to AP, SSC, and other subsidiary bodies and 
public decorum or medical conditions of members of a Council or its 
subsidiary bodies. In deciding whether to close a portion of a meeting 
to discuss internal administrative matters, a Council or subsidiary body 
should consider not only the privacy interests of individuals whose 
conduct or qualifications may be discussed, but also the interest of the 
public in being informed of Council operations and actions.
    (d) Without the notice required by paragraph (c) of this section, a 
Council, SSC, AP, or FIAC may briefly close a portion of a meeting to 
discuss employment or other internal administrative matters. The closed 
portion of a meeting that is closed without notice may not exceed 2 
hours.
    (e) Before closing a meeting or portion thereof, a Council or 
subsidiary body should consult with the NOAA General Counsel Office to 
ensure that the matters to be discussed fall within the exceptions to 
the requirement to hold public meetings described in paragraph (c) of 
this section.
    (f) Actions that affect the public, although based on discussions in 
closed meetings, must be taken in public. For example, appointments to 
an AP must be made in the public part of the meeting; however, a 
decision to take disciplinary action against a Council employee need not 
be announced to the public.
    (g) A majority of the voting members of any Council constitute a 
quorum for Council meetings, but one or more such members designated by 
the Council may hold hearings.
    (h) Decisions of any Council are by majority vote of the voting 
members present and voting (except for a vote to propose removal of a 
Council member, see 50 CFR 600.230). Voting by proxy is permitted only 
pursuant to 50 CFR 600.205 (b). An abstention does not affect the 
unanimity of a vote.
    (i) Voting members of the Council who disagree with the majority on 
any issue to be submitted to the Secretary, including principal state 
officials raising federalism issues, may submit a

[[Page 19]]

written statement of their reasons for dissent. If any Council member 
elects to file such a statement, it should be submitted to the Secretary 
at the same time the majority report is submitted.

[66 FR 57887, Nov. 19, 2001]



Sec. 600.150  Disposition of records.

    (a) Council records must be handled in accordance with NOAA records 
management office procedures. All records and documents created or 
received by Council employees while in active duty status belong to the 
Federal Government. When employees leave the Council, they may not take 
the original or file copies of records with them.
    (b) [Reserved]

[66 FR 57887, Nov. 19, 2001]



Sec. 600.155  Freedom of Information Act (FOIA) requests.

    (a) FOIA requests received by a Council should be coordinated 
promptly with the appropriate NMFS Regional Office. The Region will 
forward the request to the NMFS FOIA Official to secure a FOIA number 
and log into the FOIA system. The Region will also obtain clearance from 
the NOAA General Counsel's Office concerning initial determination for 
denial of requested information.
    (b) FOIA requests will be controlled and documented in the Region. 
The requests should be forwarded to the NMFS FOIA Officer who will 
prepare the Form CD-244, ``FOIA Request and Action Record'', with the 
official FOIA number and due date. In the event the Region determines 
that the requested information is exempt from disclosure, in full or in 
part, under the FOIA, the denial letter prepared for the Assistant 
Administrator's signature, along with the ``Foreseeable Harm'' Memo and 
list of documents to be withheld, must be cleared through the NMFS FOIA 
Officer. Upon completion, a copy of the signed CD-244 and cover letter 
transmitting the information should be provided to the NMFS FOIA Officer 
and the NOAA FOIA Officer.

[66 FR 57887, Nov. 19, 2001]



                      Subpart C_Council Membership



Sec. 600.205  Principal state officials and their designees.

    (a) Only a full-time state employee of the state agency responsible 
for marine and/or anadromous fisheries shall be appointed by a 
constituent state Governor as the principal state official for purposes 
of section 302(b) of the Magnuson-Stevens Act.
    (b) A principal state official may name his/her designee(s) to act 
on his/her behalf at Council meetings. Individuals designated to serve 
as designees of a principal state official on a Council, pursuant to 
section 302(b)(1)(A) of the Magnuson-Stevens Act, must be a resident of 
the state and be knowledgeable and experienced, by reason of his or her 
occupational or other experience, scientific expertise, or training, in 
the fishery resources of the geographic area of concern to the Council.
    (c) New or revised appointments by state Governors of principal 
state officials and new or revised designations by principal state 
officials of their designees(s) must be delivered in writing to the 
appropriate NMFS Regional Administrator and the Council chair at least 
48 hours before the individual may vote on any issue before the Council. 
A designee may not name another designee. Written appointment of the 
principal state official must indicate his or her employment status, how 
the official is employed by the state fisheries agency, and whether the 
official's full salary is paid by the state. Written designation(s) by 
the principal state official must indicate how the designee is 
knowledgeable and experienced in fishery resources of the geographic 
area of concern to the Council, the County in which the designee 
resides, and whether the designee's salary is paid by the state.

[66 FR 57888, Nov. 19, 2001]



Sec. 600.210  Terms of Council members.

    (a) Voting members (other than principal state officials, the 
Regional Administrators, or their designees) are appointed for a term of 
3 years and, except as discussed in paragraphs (b) and (c) of this 
section, may be reappointed.

[[Page 20]]

A voting member's Council service of 18 months or more during a term of 
office will be counted as service for the entire 3-year term.
    (b) The anniversary date for measuring terms of membership is August 
11. The Secretary may designate a term of appointment shorter than 3 
years, if necessary, to provide for balanced expiration of terms of 
office. Members may not serve more than three consecutive terms.
    (c) A member appointed after January 1, 1986, who has completed 
three consecutive terms will be eligible for appointment to another term 
one full year after completion of the third consecutive term.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]



Sec. 600.215  Council nomination and appointment procedures.

    (a) General. (1) Each year, the 3-year terms for approximately one-
third of the appointed members of the Councils expire. The Secretary of 
Commerce (Secretary) will appoint or new members or will reappoint 
seated members to another term to fill the seats being vacated.
    (2) There are two categories of seats to which voting members are 
appointed: ``Obligatory'' and ``At-large.''
    (i) Obligatory seats are state specific. Each constituent state is 
entitled to one seat on the Council on which it is a member, except that 
the State of Alaska is entitled to five seats and the State of 
Washington is entitled to two seats on the North Pacific Fishery 
Management Council. When the term of a state's obligatory member is 
expiring or when that seat becomes vacant before the expiration of its 
term, the governor of that state must submit the names of at least three 
qualified individuals to fill that Council seat.
    (ii) The Magnuson-Stevens Act also provides for appointment, by the 
Secretary, of one treaty Indian tribal representative to the Pacific 
Fishery Management Council (Pacific Council). To fill that seat, the 
Secretary solicits written nominations from the heads of governments of 
those Indian Tribes with federally recognized fishing rights from the 
States of California, Oregon, Washington, or Idaho. The list of nominees 
must contain a total of at least three individuals who are knowledgeable 
and experienced regarding the fishery resources under the authority of 
the Pacific Council. The Secretary will appoint one tribal Indian 
representative from this list to the Pacific Council for a term of 3 
years and rotate the appointment among the tribes.
    (iii) At-large seats are regional. When the term of an at-large 
member is expiring or when that seat becomes vacant before the 
expiration of a term, the governors of all constituent states of that 
Council must each submit the names of at least three qualified 
individuals to fill the seat.
    (b) Responsibilities of State Governors. (1) Council members are 
selected by the Secretary from lists of nominees submitted by Governors 
of the constituent states, pursuant to section 302(b)(2)(C) of the 
Magnuson-Stevens Act. For each applicable vacancy, a Governor must 
submit the names of at least three nominees who meet the qualification 
requirements of the Magnuson-Stevens Act. A Governor must provide a 
statement explaining how each of his/her nominees meet the qualification 
requirements, and must also provide appropriate documentation to the 
Secretary that each nomination was made in consultation with commercial 
and recreational fishing interests of that state and that each nominee 
is knowledgeable and experienced by reason of his or her occupational or 
other experience, scientific expertise, or training in one or more of 
the following ways related to the fishery resources of the geographical 
area of concern to the Council:
    (i) Commercial fishing or the processing or marketing of fish, fish 
products, or fishing equipment;
    (ii) Fishing for pleasure, relaxation, or consumption, or experience 
in any business supporting fishing;
    (iii) Leadership in a state, regional, or national organization 
whose members participate in a fishery in the Council's area of 
authority;
    (iv) The management and conservation of natural resources, including 
related interactions with industry, government bodies, academic 
institutions, and public agencies. This includes experience serving as a 
member of a

[[Page 21]]

Council, Advisory Panel, Scientific and Statistical Committee, or 
Fishing Industry Advisory Committee;
    (v) Representing consumers of fish or fish products through 
participation in local, state, or national organizations, or performing 
other activities specifically related to the education or protection of 
consumers of marine resources; or
    (vi) Teaching, journalism, writing, consulting, practicing law, or 
researching matters related to fisheries, fishery management, and marine 
resource conservation.
    (2) To assist in identifying qualifications, each nominee must 
furnish to the appropriate governor's office a current resume, or 
equivalent, describing career history--with particular attention to 
experience related to the criteria in paragraph (b)(1) of this section. 
Nominees may provide such information in any format they wish.
    (3) A constituent State Governor must determine the state of 
residency of each of his/her nominees. A Governor may not nominate a 
non-resident of that state for appointment to a Council seat obligated 
to that state. A Governor may nominate residents of another constituent 
state of a Council for appointment to an at large seat on that Council.
    (4) If, at any time during a term, a member changes residency to 
another state that is not a constituent state of that Council, or a 
member appointed to an obligatory seat changes residency to any other 
state, the member may no longer vote and must resign from the Council. 
For purposes of this paragraph, a state resident is an individual who 
maintains his/her principal residence within that constituent state and 
who, if applicable, pays income taxes to that state and/or to another 
appropriate jurisdiction within that state.
    (5) When the terms of both an obligatory member and an at-large 
member expire concurrently, the Governor of the state holding the 
expiring obligatory seat may indicate that the nominees who were not 
selected for appointment to the obligatory seat may be considered for 
appointment to an at-large seat, provided that the resulting total 
number of nominees submitted by that governor for the expiring at-large 
seat is no fewer than three different nominees. When obligatory and at-
large seats do not expire concurrently, the Secretary may select from 
any of the nominees for such obligatory seat and from the nominees for 
any at-large seat submitted by the Governor of that state, provided that 
the resulting total number of nominees submitted by that Governor for 
the expiring seats is no fewer than six. If a total of fewer than six 
nominees is submitted by the Governor, each of the six will be 
considered for the expiring obligatory seat, but not for the expiring 
at-large seat.
    (c) Responsibilities of eligible tribal Indian governments. The 
tribal Indian representative on the Pacific Council will be selected by 
the Secretary from a list of no fewer than three individuals submitted 
by the tribal Indian governments with federally recognized fishing 
rights from California, Oregon, Washington, and Idaho, pursuant to 
section 302(b)(5) of the Magnuson-Stevens Act. To assist in assessing 
the qualifications of each nominee, each head of an appropriate tribal 
Indian government must furnish to the Assistant Administrator a current 
resume, or equivalent, describing the nominee's qualifications, with 
emphasis on knowledge and experience related to the fishery resources 
affected by recommendations of the Pacific Council. Prior service on the 
Pacific Council in a different capacity will not disqualify nominees 
proposed by tribal Indian governments.
    (d) Nomination deadlines. Nomination letters and completed kits must 
be forwarded by express mail under a single mailing to the address 
specified by the Assistant Administrator by March 15. For appointments 
outside the normal cycle, a different deadline for receipt of 
nominations will be announced.
    (1) Obligatory seats. (i) The governor of the state for which the 
term of an obligatory seat is expiring must submit the names of at least 
three qualified individuals to fill that seat by the March 15 deadline. 
The Secretary will appoint to the Pacific Council a representative of an 
Indian tribe from a list of no fewer than three individuals submitted by 
the tribal Indian governments.
    (ii) If the nominator fails to provide a nomination letter and at 
least three

[[Page 22]]

complete nomination kits by March 15, the obligatory seat will remain 
vacant until all required information has been received and processed 
and the Secretary has made the appointment.
    (2) At-large seats. (i) If a Governor chooses to submit nominations 
for an at-large seat, he/she must submit lists that contain at least 
three different qualified nominees for each vacant seat. A nomination 
letter and at least three complete nomination kits must be forwarded by 
express mail under a single mailing to the address specified by the 
Assistant Administrator by March 15.
    (ii) Nomination packages that are incomplete after March 15 will be 
returned to the nominating Governor and will be processed no further. 
At-large members will be appointed from among the nominations submitted 
by the governors who complied with the nomination requirements and the 
March 15 deadline.
    (e) Responsibilities of the Secretary. (1) The Secretary must, to 
the extent practicable, ensure a fair and balanced apportionment, on a 
rotating or other basis, of the active participants (or their 
representatives) in the commercial and recreational fisheries in the 
Council's area of authority. Further, the Secretary must take action to 
ensure, to the extent practicable, that those persons dependent for 
their livelihood upon the fisheries in the Council's area of authority 
are fairly represented as voting members on the Councils.
    (2) The Secretary will review each list submitted by a governor or 
the tribal Indian governments to ascertain whether the individuals on 
the list are qualified for the vacancy. If the Secretary determines that 
a nominee is not qualified, the Secretary will notify the appropriate 
Governor or tribal Indian government of that determination. The Governor 
or tribal Indian government shall then submit a revised list of nominees 
or resubmit the original list with an additional explanation of the 
qualifications of the nominee in question. The Secretary reserves the 
right to determine whether nominees are qualified.
    (3) The Secretary will select the appointees from lists of qualified 
nominees provided by the Governors of the constituent Council states or 
of the tribal Indian governments that are eligible to nominate 
candidates for that vacancy.
    (i) For Governor-nominated seats, the Secretary will select an 
appointee for an obligatory seat from the list of qualified nominees 
submitted by the governor of the state. In filling expiring at-large 
seats, the Secretary will select an appointee(s) for an at-large seat(s) 
from the list of all qualified candidates submitted. The Secretary will 
consider only complete slates of nominees submitted by the governors of 
the Council's constituent states. When an appointed member vacates his/
her seat prior to the expiration of his/her term, the Secretary will 
fill the vacancy for the remainder of the term by selecting from 
complete nomination letters and kits that are timely and contain the 
required number of candidates.
    (ii) For the tribal Indian seat, the Secretary will solicit 
nominations of individuals for the list referred to in paragraph (c) of 
this section only from those Indian tribes with federally recognized 
fishing rights from California, Oregon, Washington, or Idaho. The 
Secretary will consult with the Bureau of Indian Affairs, Department of 
the Interior, to determine which Indian tribes may submit nominations. 
Any vacancy occurring prior to the expiration of any term shall be 
filled in the same manner as described in paragraphs (d)(1) and (2) of 
this section, except that the Secretary may use the list referred to in 
paragraph (b)(1) of this section from which the vacating member was 
chosen. The Secretary shall rotate the appointment among the tribes, 
taking into consideration:
    (A) The qualifications of the individuals on the list referred to in 
paragraph (c) of this section.
    (B) The various rights of the Indian tribes involved, and judicial 
cases that set out the manner in which these rights are to be exercised.
    (C) The geographic area in which the tribe of the representative is 
located.
    (D) The limitation that no tribal Indian representative shall serve 
more

[[Page 23]]

than three consecutive terms in the Indian tribal seat.

[64 FR 4600, Jan. 29, 1999]



Sec. 600.220  Oath of office.

    Each member appointed to a Council must take an oath of office.



Sec. 600.225  Rules of conduct.

    (a) Council members, as Federal office holders, and Council 
employees are subject to most Federal criminal statutes covering 
bribery, conflict-of-interest, disclosure of confidential information, 
and lobbying with appropriated funds.
    (b) The Councils are responsible for maintaining high standards of 
ethical conduct among themselves, their staffs, and their advisory 
groups. In addition to abiding by the applicable Federal conflict of 
interest statutes, both members and employees of the Councils must 
comply with the following standards of conduct:
    (1) No employee of a Council may use his or her official authority 
or influence derived from his or her position with the Council for the 
purpose of interfering with or affecting the result of an election to or 
a nomination for any national, state, county, or municipal elective 
office.
    (2) No employee of a Council may be deprived of employment, 
position, work, compensation, or benefit provided for or made possible 
by the Magnuson-Stevens Act on account of any political activity or lack 
of such activity in support of or in opposition to any candidate or any 
political party in any national, state, county, or municipal election, 
or on account of his or her political affiliation.
    (3) No Council member or employee may pay, offer, promise, solicit, 
or receive from any person, firm, or corporation a contribution of money 
or anything of value in consideration of either support or the use of 
influence or the promise of support or influence in obtaining for any 
person any appointive office, place, or employment under the Council.
    (4) No employee of a Council may have a direct or indirect financial 
interest that conflicts with the fair and impartial conduct of his or 
her Council duties.
    (5) No Council member, employee of a Council, or member of a Council 
advisory group may use or allow the use, for other than official 
purposes, of information obtained through or in connection with his or 
her Council employment that has not been made available to the general 
public.
    (6) No Council member or employee of the Council may engage in 
criminal, infamous, dishonest, notoriously immoral, or disgraceful 
conduct.
    (7) No Council member or employee of the Council may use Council 
property on other than official business. Such property must be 
protected and preserved from improper or deleterious operation or use.
    (8)(i) Except as provided in Sec. 600.235(h) or in 18 U.S.C. 208, 
no Council member may participate personally and substantially as a 
member through decision, approval, disapproval, recommendation, the 
rendering of advice, investigation, or otherwise, in a particular matter 
in which the member, the member's spouse, minor child, general partner, 
organization in which the member is serving as officer, director, 
trustee, general partner, or employee, or any person or organization 
with whom the member is negotiating or has any arrangement concerning 
prospective employment, has a financial interest. (Note that this 
financial interest is broader than the one defined in Sec. 600.235(a).)
    (ii) No Council member may participate personally and substantially 
as a member through decision, approval, disapproval, recommendation, the 
rendering of advice, investigation, or otherwise, in a particular matter 
primarily of individual concern, such as a contract, in which he or she 
has a financial interest, even if the interest has been disclosed in 
accordance with Sec. 600.235.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 64185, Nov. 19, 1998]



Sec. 600.230  Removal.

    The Secretary may remove for cause any Secretarially appointed 
member of a Council in accordance with section 302(b)(6) of the 
Magnuson-Stevens Act, wherein the Council concerned first recommends 
removal of that member

[[Page 24]]

by not less than two-thirds of the voting members. A recommendation of a 
Council to remove a member must be made in writing to the Secretary and 
accompanied by a statement of the reasons upon which the recommendation 
is based.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]



Sec. 600.235  Financial disclosure.

    (a) Definitions. For purposes of Sec. 600.235:
    Affected individual means an individual who is--
    (1) Nominated by the Governor of a state or appointed by the 
Secretary of Commerce to serve as a voting member of a Council in 
accordance with section 302(b)(2) of the Magnuson-Stevens Act; or
    (2) A representative of an Indian tribe appointed to the Pacific 
Council by the Secretary of Commerce under section 302(b)(5) of the 
Magnuson-Stevens Act who is not subject to disclosure and recusal 
requirements under the laws of an Indian tribal government.
    Council decision means approval of a fishery management plan (FMP) 
or FMP amendment (including any proposed regulations); request for 
amendment to regulations implementing an FMP; finding that an emergency 
exists involving any fishery (including recommendations for responding 
to the emergency); and comments to the Secretary on FMPs or amendments 
developed by the Secretary. It does not include a vote by a committee of 
a Council.
    Designated official means an attorney designated by the NOAA General 
Counsel.
    Financial interest in harvesting, processing, or marketing (1) 
includes:
    (i) Stock, equity, or other ownership interests in, or employment 
with, any company, business, fishing vessel, or other entity engaging in 
any harvesting, processing, or marketing activity in any fishery under 
the jurisdiction of the Council concerned;
    (ii) Stock, equity, or other ownership interests in, or employment 
with, any company or other entity that provides equipment or other 
services essential to harvesting, processing, or marketing activities in 
any fishery under the jurisdiction of the Council concerned, such as a 
chandler or a dock operation.
    (iii) Employment with, or service as an officer, director, or 
trustee of, an association whose members include companies, vessels, or 
other entities engaged in harvesting, processing, or marketing 
activities, or companies or other entities providing services essential 
to harvesting, processing, or marketing activities in any fishery under 
the jurisdiction of the Council concerned; and
    (iv) Employment with an entity providing consulting, legal, or 
representational services to any entity engaging in, or providing 
equipment or services essential to, harvesting, processing, or marketing 
activities in any fishery under the jurisdiction of the Council 
concerned, or to any association whose members include entities engaged 
in the activities described in paragraphs (1) (i) and (ii) of this 
definition;
    (2) Does not include stock, equity, or other ownership interests in, 
or employment with, an entity engaging in advocacy on environmental 
issues or in scientific fisheries research in any fishery under the 
jurisdiction of the Council concerned, unless it is covered under 
paragraph (1) of this definition. A financial interest in such entities 
is covered by 18 U.S.C. 208, the Federal conflict-of-interest statute.
    (b) Reporting. (1) The Magnuson-Stevens Act requires the disclosure 
by each affected individual of any financial interest in harvesting, 
processing, or marketing activity, and of any such financial interest of 
the affected individual's spouse, minor child, partner, or any 
organization (other than the Council) in which that individual is 
serving as an officer, director, trustee, partner, or employee. The 
information required to be reported must be disclosed on NOAA Form 88-
195, ``Statement of Financial Interests for Use by Voting Members and 
Nominees of Regional Fishery Management Councils'' (Financial Interest 
Form), or such other form as the Secretary may prescribe.
    (2) The Financial Interest Form must be filed by each nominee for 
Secretarial appointment with the Assistant

[[Page 25]]

Administrator by April 15 or, if nominated after March 15, 1 month after 
nomination by the Governor. A seated voting member appointed by the 
Secretary must file a Financial Interest Form with the Executive 
Director of the appropriate Council within 45 days of taking office; 
must file an update of his or her statement with the Executive Director 
of the appropriate Council within 30 days of the time any such financial 
interest is acquired or substantially changed by the affected individual 
or the affected individual's spouse, minor child, partner, or any 
organization (other than the Council) in which that individual is 
serving as an officer, director, trustee, partner, or employee; and must 
update his or her form annually and file that update with the Executive 
Director of the appropriate Council by February 1 of each year.
    (3) The Executive Director must, in a timely manner, provide copies 
of the financial disclosure forms and all updates to the NMFS Regional 
Administrator for the geographic area concerned, the Regional Attorney 
who advises the Council, the Department of Commerce Assistant General 
Counsel for Administration, and the NMFS Office of Sustainable 
Fisheries. The completed financial interest forms will be kept on file 
in the office of the NMFS Regional Administrator for the geographic area 
concerned and at the Council offices, and will be made available for 
public inspection at such offices during normal office hours. In 
addition, the forms will be made available at each Council meeting or 
hearing.
    (4) Councils must retain the disclosure form for each affected 
individual for at least 5 years after the expiration of that 
individual's last term.
    (c) Restrictions on voting. (1) No affected individual may vote on 
any Council decision that would have a significant and predictable 
effect on a financial interest disclosed in his/her report filed under 
paragraph (b) of this section.
    (2) As used in this section, a Council decision will be considered 
to have a ``significant and predictable effect on a financial interest'' 
if there is a close causal link between the decision and an expected and 
substantially disproportionate benefit to the financial interest in 
harvesting, processing, or marketing of any affected individual or the 
affected individual's spouse, minor child, partner, or any organization 
(other than the Council) in which that individual is serving as an 
officer, director, trustee, partner, or employee, relative to the 
financial interests of other participants in the same gear type or 
sector of the fishery. The relative financial interests of the affected 
individual and other participants will be determined with reference to 
the most recent fishing year for which information is available. 
However, for fisheries in which IFQs are assigned, the percentage of 
IFQs assigned to the affected individual will be dispositive.
    (3) ``Expected and substantially disproportionate benefit'' means a 
quantifiable positive or negative impact with regard to a matter likely 
to affect a fishery or sector of the fishery in which the affected 
individual has a significant interest, as indicated by:
    (i) A greater than 10-percent interest in the total harvest of the 
fishery or sector of the fishery in question;
    (ii) A greater than 10-percent interest in the marketing or 
processing of the total harvest of the fishery or sector of the fishery 
in question; or
    (iii) Full or partial ownership of more than 10 percent of the 
vessels using the same gear type within the fishery or sector of the 
fishery in question.
    (d) Voluntary recusal. An affected individual who believes that a 
Council decision would have a significant and predictable effect on that 
individual's financial interest disclosed under paragraph (b) of this 
section may, at any time before a vote is taken, announce to the Council 
an intent not to vote on the decision.
    (e) Participation in deliberations. Notwithstanding paragraph (c) of 
this section, an affected individual who is recused from voting under 
this section may participate in Council and committee deliberations 
relating to the decision, after notifying the Council of the voting 
recusal and identifying the financial interest that would be affected.

[[Page 26]]

    (f) Requests for determination. (1) At the request of an affected 
individual, the designated official shall determine for the record 
whether a Council decision would have a significant and predictable 
effect on that individual's financial interest. The determination will 
be based upon a review of the information contained in the individual's 
financial disclosure form and any other reliable and probative 
information provided in writing. All information considered will be made 
part of the public record for the decision. The affected individual may 
request a determination by notifying the designated official--
    (i) Within a reasonable time before the Council meeting at which the 
Council decision will be made; or
    (ii) During a Council meeting before a Council vote on the decision.
    (2) The designated official may initiate a determination on the 
basis of--
    (i) His or her knowledge of the fishery and the financial interests 
disclosed by an affected individual; or
    (ii) Written and signed information received within a reasonable 
time before a Council meeting or, if the issue could not have been 
anticipated before the meeting, during a Council meeting before a 
Council vote on the decision.
    (3) At the beginning of each Council meeting, or during a Council 
meeting at any time reliable and probative information is received, the 
designated official shall announce the receipt of information relevant 
to a determination concerning recusal, the nature of that information, 
and the identity of the submitter of such information.
    (4) If the designated official determines that the affected 
individual may not vote, the individual may state for the record how he 
or she would have voted. A Council Chair may not allow such an 
individual to cast a vote.
    (5) A reversal of a determination under paragraph (g) of this 
section may not be treated as cause for invalidation or reconsideration 
by the Secretary of a Council's decision.
    (g) Review of determinations. (1) Any Council member may file a 
written request to the NOAA General Counsel for review of the designated 
official's determination. A request for review must be received within 
10 days of the determination.
    (2) A request must include a full statement in support of the 
review, including a concise statement as to why the Council's decision 
did or did not have a significantly disproportionate benefit to the 
financial interest of the affected individual relative to the financial 
interests of other participants in the same gear type or sector of the 
fishery, and why the designated official's determination should be 
reversed.
    (3) If the request for review is from a Council member other than 
the affected individual whose vote is at issue, the requester must 
provide a copy of the request to the affected individual at the same 
time it is submitted to the NOAA General Counsel. The affected 
individual may submit a response to the NOAA General Counsel within 10 
days from the date of his/her receipt of the request for review.
    (4) The NOAA General Counsel must complete the review and issue a 
decision within 30 days from the date of receipt of the request for 
review. The NOAA General Counsel will limit the review to the record 
before the designated official at the time of the determination, the 
request, and any response.
    (h) Exemption from other statutes. The provisions of 18 U.S.C. 208 
regarding conflicts of interest do not apply to an affected individual 
who is in compliance with the requirements of this section for filing a 
financial disclosure report.
    (i) Violations and penalties. It is unlawful for an affected 
individual to knowingly and willfully fail to disclose, or to falsely 
disclose, any financial interest as required by this section, or to 
knowingly vote on a Council decision in violation of this section. In 
addition to the penalties applicable under Sec. 600.735, a violation of 
this provision may result in removal of the affected individual from 
Council membership.

[63 FR 64185, Nov. 19, 1998]



Sec. 600.240  Security assurances.

    (a) DOC/OS will issue security assurances to Council nominees and 
members following completion of background checks. Security assurances 
will be valid for 5 years from the date

[[Page 27]]

of issuance. A security assurance will not entitle the member to access 
classified data. In instances in which Council members may need to 
discuss, at closed meetings, materials classified for national security 
purposes, the agency or individual (e.g., DOS, USCG) providing such 
classified information will be responsible for ensuring that Council 
members and other attendees have the appropriate security clearances.
    (b) Each nominee to a Council is required to complete a 
Certification of Status form (``form''). All nominees must certify, 
pursuant to the Foreign Agents Registration Act of 1938, whether they 
serve as an agent of a foreign principal. Each nominee must certify, 
date, sign, and return the form with his or her completed nomination 
kit. Nominees will not be considered for appointment to a Council if 
they have not filed this form. Any nominee who currently is an agent of 
a foreign principal will not be eligible for appointment to a Council, 
and therefore should not be nominated by a Governor for appointment.



Sec. 600.245  Council member compensation.

    (a) All voting Council members whose eligibility for compensation 
has been established in accordance with NOAA guidelines will be paid 
through the cooperative agreement as a direct line item on a contractual 
basis without deductions being made for Social Security or Federal and 
state income taxes. A report of compensation will be furnished each year 
by the member's Council to the proper Regional Program Officer, as 
required by the Internal Revenue Service. Such compensation may be paid 
on a full day's basis, whether in excess of 8 hours a day or less than 8 
hours a day. The time is compensable where the individual member is 
required to expend a significant private effort that substantially 
disrupts the daily routine to the extent that a work day is lost to the 
member. ``Homework'' time in preparation for formal Council meetings is 
not compensable.
    (b) Non-government Council members receive compensation for:
    (1) Days spent in actual attendance at a meeting of the Council or 
jointly with another Council.
    (2) Travel on the day preceding or following a scheduled meeting 
that precluded the member from conducting his normal business on the day 
in question.
    (3) Meetings of standing committees of the Council if approved in 
advance by the Chair.
    (4) Individual member meeting with scientific and technical 
advisors, when approved in advance by the Chair and a substantial 
portion of any day is spent at the meeting.
    (5) Conducting or attending hearings, when authorized in advance by 
the Chair.
    (6) Other meetings involving Council business when approved in 
advance by the Chair.
    (c) The Executive Director of each Council must submit to the 
appropriate Regional Office annually a report, approved by the Council 
Chair, of Council member compensation authorized. This report shall 
identify, for each member, amount paid, dates, and location and purpose 
of meetings attended.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 66 
FR 57888, Nov. 19, 2001]



                      Subpart D_National Standards



Sec. 600.305  General.

    (a) Purpose. (1) This subpart establishes guidelines, based on the 
national standards, to assist in the development and review of FMPs, 
amendments, and regulations prepared by the Councils and the Secretary.
    (2) In developing FMPs, the Councils have the initial authority to 
ascertain factual circumstances, to establish management objectives, and 
to propose management measures that will achieve the objectives. The 
Secretary will determine whether the proposed management objectives and 
measures are consistent with the national standards, other provisions of 
the Magnuson-Stevens Act, and other applicable law. The Secretary has an 
obligation under section 301(b) of the Magnuson-Stevens Act to inform 
the Councils of the Secretary's interpretation of the national

[[Page 28]]

standards so that they will have an understanding of the basis on which 
FMPs will be reviewed.
    (3) The national standards are statutory principles that must be 
followed in any FMP. The guidelines summarize Secretarial 
interpretations that have been, and will be, applied under these 
principles. The guidelines are intended as aids to decisionmaking; FMPs 
formulated according to the guidelines will have a better chance for 
expeditious Secretarial review, approval, and implementation. FMPs that 
are in substantial compliance with the guidelines, the Magnuson-Stevens 
Act, and other applicable law must be approved.
    (b) Fishery management objectives. (1) Each FMP, whether prepared by 
a Council or by the Secretary, should identify what the FMP is designed 
to accomplish (i.e., the management objectives to be attained in 
regulating the fishery under consideration). In establishing objectives, 
Councils balance biological constraints with human needs, reconcile 
present and future costs and benefits, and integrate the diversity of 
public and private interests. If objectives are in conflict, priorities 
should be established among them.
    (2) How objectives are defined is important to the management 
process. Objectives should address the problems of a particular fishery. 
The objectives should be clearly stated, practicably attainable, framed 
in terms of definable events and measurable benefits, and based upon a 
comprehensive rather than a fragmentary approach to the problems 
addressed. An FMP should make a clear distinction between objectives and 
the management measures chosen to achieve them. The objectives of each 
FMP provide the context within which the Secretary will judge the 
consistency of an FMP's conservation and management measures with the 
national standards.
    (c) Word usage. The word usage refers to all regulations in this 
subpart.
    (1) Must is used, instead of ``shall'', to denote an obligation to 
act; it is used primarily when referring to requirements of the 
Magnuson-Stevens Act, the logical extension thereof, or of other 
applicable law.
    (2) Shall is used only when quoting statutory language directly, to 
avoid confusion with the future tense.
    (3) Should is used to indicate that an action or consideration is 
strongly recommended to fulfill the Secretary's interpretation of the 
Magnuson-Stevens Act, and is a factor reviewers will look for in 
evaluating a SOPP or FMP.
    (4) May is used in a permissive sense.
    (5) May not is proscriptive; it has the same force as ``must not.''
    (6) Will is used descriptively, as distinguished from denoting an 
obligation to act or the future tense.
    (7) Could is used when giving examples, in a hypothetical, 
permissive sense.
    (8) Can is used to mean ``is able to,'' as distinguished from 
``may.''
    (9) Examples are given by way of illustration and further 
explanation. They are not inclusive lists; they do not limit options.
    (10) Analysis, as a paragraph heading, signals more detailed 
guidance as to the type of discussion and examination an FMP should 
contain to demonstrate compliance with the standard in question.
    (11) Council includes the Secretary, as applicable, when preparing 
FMPs or amendments under section 304(c) and (g) of the Magnuson-Stevens 
Act.
    (12) Stock or stock complex is used as a synonym for ``fishery'' in 
the sense of the Magnuson-Stevens Act's first definition of the term; 
that is, as ``one or more stocks of fish that can be treated as a unit 
for purposes of conservation and management and that are identified on 
the basis of geographic, scientific, technical, recreational, or 
economic characteristics,'' as distinguished from the Magnuson-Stevens 
Act's second definition of fishery as ``any fishing for such stocks.''

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24229, May 1, 1998]



Sec. 600.310  National Standard 1--Optimum Yield.

    (a) Standard 1. Conservation and management measures shall prevent 
overfishing while achieving, on a continuing basis, the optimum yield 
(OY) from each fishery for the U.S. fishing industry.

[[Page 29]]

    (b) General. (1) The guidelines set forth in this section describe 
fishery management approaches to meet the objectives of National 
Standard 1 (NS1), and include guidance on:
    (i) Specifying maximum sustainable yield (MSY) and OY;
    (ii) Specifying status determination criteria (SDC) so that 
overfishing and overfished determinations can be made for stocks and 
stock complexes that are part of a fishery;
    (iii) Preventing overfishing and achieving OY, incorporation of 
scientific and management uncertainty in control rules, and adaptive 
management using annual catch limits (ACL) and measures to ensure 
accountability (AM); and
    (iv) Rebuilding stocks and stock complexes.
    (2) Overview of Magnuson-Stevens Act concepts and provisions related 
to NS1--(i) MSY. The Magnuson-Stevens Act establishes MSY as the basis 
for fishery management and requires that: The fishing mortality rate 
does not jeopardize the capacity of a stock or stock complex to produce 
MSY; the abundance of an overfished stock or stock complex be rebuilt to 
a level that is capable of producing MSY; and OY not exceed MSY.
    (ii) OY. The determination of OY is a decisional mechanism for 
resolving the Magnuson-Stevens Act's conservation and management 
objectives, achieving a fishery management plan's (FMP) objectives, and 
balancing the various interests that comprise the greatest overall 
benefits to the Nation. OY is based on MSY as reduced under paragraphs 
(e)(3)(iii) and (iv) of this section. The most important limitation on 
the specification of OY is that the choice of OY and the conservation 
and management measures proposed to achieve it must prevent overfishing.
    (iii) ACLs and AMs. Any FMP which is prepared by any Council shall 
establish a mechanism for specifying ACLs in the FMP (including a 
multiyear plan), implementing regulations, or annual specifications, at 
a level such that overfishing does not occur in the fishery, including 
measures to ensure accountability (Magnuson-Stevens Act section 
303(a)(15)). Subject to certain exceptions and circumstances described 
in paragraph (h) of this section, this requirement takes effect in 
fishing year 2010, for fisheries determined subject to overfishing, and 
in fishing year 2011, for all other fisheries (Magnuson-Stevens Act 
section 303 note). ``Council'' includes the Regional Fishery Management 
Councils and the Secretary of Commerce, as appropriate (see Sec. 
600.305(c)(11)).
    (iv) Reference points. SDC, MSY, acceptable biological catch (ABC), 
and ACL, which are described further in paragraphs (e) and (f) of this 
section, are collectively referred to as ``reference points.''
    (v) Scientific advice. The Magnuson-Stevens Act has requirements 
regarding scientific and statistical committees (SSC) of the Regional 
Fishery Management Councils, including but not limited to, the following 
provisions:
    (A) Each Regional Fishery Management Council shall establish an SSC 
as described in section 302(g)(1)(A) of the Magnuson-Stevens Act.
    (B) Each SSC shall provide its Regional Fishery Management Council 
recommendations for ABC as well as other scientific advice, as described 
in Magnuson-Stevens Act section 302(g)(1)(B).
    (C) The Secretary and each Regional Fishery Management Council may 
establish a peer review process for that Council for scientific 
information used to advise the Council about the conservation and 
management of a fishery (see Magnuson-Stevens Act section 302(g)(1)(E)). 
If a peer review process is established, it should investigate the 
technical merits of stock assessments and other scientific information 
used by the SSC or agency or international scientists, as appropriate. 
For Regional Fishery Management Councils, the peer review process is not 
a substitute for the SSC and should work in conjunction with the SSC. 
For the Secretary, which does not have an SSC, the peer review process 
should provide the scientific information necessary.
    (D) Each Council shall develop ACLs for each of its managed 
fisheries that may not exceed the ``fishing level recommendations'' of 
its SSC or peer review process (Magnuson-Stevens Act

[[Page 30]]

section 302(h)(6)). The SSC recommendation that is the most relevant to 
ACLs is ABC, as both ACL and ABC are levels of annual catch.
    (3) Approach for setting limits and accountability measures, 
including targets, for consistency with NS1. In general, when specifying 
limits and accountability measures intended to avoid overfishing and 
achieve sustainable fisheries, Councils must take an approach that 
considers uncertainty in scientific information and management control 
of the fishery. These guidelines describe how to address uncertainty 
such that there is a low risk that limits are exceeded as described in 
paragraphs (f)(4) and (f)(6) of this section.
    (c) Summary of items to include in FMPs related to NS1. This section 
provides a summary of items that Councils must include in their FMPs and 
FMP amendments in order to address ACL, AM, and other aspects of the NS1 
guidelines. As described in further detail in paragraph (d) of this 
section, Councils may review their FMPs to decide if all stocks are ``in 
the fishery'' or whether some fit the category of ``ecosystem component 
species.'' Councils must also describe fisheries data for the stocks, 
stock complexes, and ecosystem component species in their FMPs, or 
associated public documents such as Stock Assessment and Fishery 
Evaluation (SAFE) Reports. For all stocks and stock complexes that are 
``in the fishery'' (see paragraph (d)(2) of this section), the Councils 
must evaluate and describe the following items in their FMPs and amend 
the FMPs, if necessary, to align their management objectives to end or 
prevent overfishing:
    (1) MSY and SDC (see paragraphs (e)(1) and (2) of this section).
    (2) OY at the stock, stock complex, or fishery level and provide the 
OY specification analysis (see paragraph (e)(3) of this section).
    (3) ABC control rule (see paragraph (f)(4) of this section).
    (4) Mechanisms for specifying ACLs and possible sector-specific ACLs 
in relationship to the ABC (see paragraphs (f)(5) and (h) of this 
section).
    (5) AMs (see paragraphs (g) and (h)(1) of this section).
    (6) Stocks and stock complexes that have statutory exceptions from 
ACLs (see paragraph (h)(2) of this section) or which fall under limited 
circumstances which require different approaches to meet the ACL 
requirements (see paragraph (h)(3) of this section).
    (d) Classifying stocks in an FMP--(1) Introduction. Magnuson-Stevens 
Act section 303(a)(2) requires that an FMP contain, among other things, 
a description of the species of fish involved in the fishery. The 
relevant Council determines which specific target stocks and/or non-
target stocks to include in a fishery. This section provides that a 
Council may, but is not required to, use an ``ecosystem component (EC)'' 
species classification. As a default, all stocks in an FMP are 
considered to be ``in the fishery,'' unless they are identified as EC 
species (see Sec. 600.310(d)(5)) through an FMP amendment process.
    (2) Stocks in a fishery. Stocks in a fishery may be grouped into 
stock complexes, as appropriate. Requirements for reference points and 
management measures for these stocks are described throughout these 
guidelines.
    (3) ``Target stocks'' are stocks that fishers seek to catch for sale 
or personal use, including ``economic discards'' as defined under 
Magnuson-Stevens Act section 3(9).
    (4) ``Non-target species'' and ``non-target stocks'' are fish caught 
incidentally during the pursuit of target stocks in a fishery, including 
``regulatory discards'' as defined under Magnuson-Stevens Act section 
3(38). They may or may not be retained for sale or personal use. Non-
target species may be included in a fishery and, if so, they should be 
identified at the stock level. Some non-target species may be identified 
in an FMP as ecosystem component (EC) species or stocks.
    (5) Ecosystem component (EC) species. (i) To be considered for 
possible classification as an EC species, the species should:
    (A) Be a non-target species or non-target stock;
    (B) Not be determined to be subject to overfishing, approaching 
overfished, or overfished;
    (C) Not be likely to become subject to overfishing or overfished, 
according to the best available information, in

[[Page 31]]

the absence of conservation and management measures; and
    (D) Not generally be retained for sale or personal use.
    (ii) Occasional retention of the species would not, in and of 
itself, preclude consideration of the species under the EC 
classification. In addition to the general factors noted in paragraphs 
(d)(5)(i)(A)-(D) of this section, it is important to consider whether 
use of the EC species classification in a given instance is consistent 
with MSA conservation and management requirements.
    (iii) EC species may be identified at the species or stock level, 
and may be grouped into complexes. EC species may, but are not required 
to, be included in an FMP or FMP amendment for any of the following 
reasons: For data collection purposes; for ecosystem considerations 
related to specification of OY for the associated fishery; as 
considerations in the development of conservation and management 
measures for the associated fishery; and/or to address other ecosystem 
issues. While EC species are not considered to be ``in the fishery,'' a 
Council should consider measures for the fishery to minimize bycatch and 
bycatch mortality of EC species consistent with National Standard 9, and 
to protect their associated role in the ecosystem. EC species do not 
require specification of reference points but should be monitored to the 
extent that any new pertinent scientific information becomes available 
(e.g., catch trends, vulnerability, etc.) to determine changes in their 
status or their vulnerability to the fishery. If necessary, they should 
be reclassified as ``in the fishery.''
    (6) Reclassification. A Council should monitor the catch resulting 
from a fishery on a regular basis to determine if the stocks and species 
are appropriately classified in the FMP. If the criteria previously used 
to classify a stock or species is no longer valid, the Council should 
reclassify it through an FMP amendment, which documents rationale for 
the decision.
    (7) Stocks or species identified in more than one FMP. If a stock is 
identified in more than one fishery, Councils should choose which FMP 
will be the primary FMP in which management objectives, SDC, the stock's 
overall ACL and other reference points for the stock are established. 
Conservation and management measures in other FMPs in which the stock is 
identified as part of a fishery should be consistent with the primary 
FMP's management objectives for the stock.
    (8) Stock complex. ``Stock complex'' means a group of stocks that 
are sufficiently similar in geographic distribution, life history, and 
vulnerabilities to the fishery such that the impact of management 
actions on the stocks is similar. At the time a stock complex is 
established, the FMP should provide a full and explicit description of 
the proportional composition of each stock in the stock complex, to the 
extent possible. Stocks may be grouped into complexes for various 
reasons, including where stocks in a multispecies fishery cannot be 
targeted independent of one another and MSY can not be defined on a 
stock-by-stock basis (see paragraph (e)(1)(iii) of this section); where 
there is insufficient data to measure their status relative to SDC; or 
when it is not feasible for fishermen to distinguish individual stocks 
among their catch. The vulnerability of stocks to the fishery should be 
evaluated when determining if a particular stock complex should be 
established or reorganized, or if a particular stock should be included 
in a complex. Stock complexes may be comprised of: one or more indicator 
stocks, each of which has SDC and ACLs, and several other stocks; 
several stocks without an indicator stock, with SDC and an ACL for the 
complex as a whole; or one of more indicator stocks, each of which has 
SDC and management objectives, with an ACL for the complex as a whole 
(this situation might be applicable to some salmon species).
    (9) Indicator stocks. An indicator stock is a stock with measurable 
SDC that can be used to help manage and evaluate more poorly known 
stocks that are in a stock complex. If an indicator stock is used to 
evaluate the status of a complex, it should be representative of the 
typical status of each stock within the complex, due to similarity in 
vulnerability. If the stocks within a stock complex have a wide range of 
vulnerability, they

[[Page 32]]

should be reorganized into different stock complexes that have similar 
vulnerabilities; otherwise the indicator stock should be chosen to 
represent the more vulnerable stocks within the complex. In instances 
where an indicator stock is less vulnerable than other members of the 
complex, management measures need to be more conservative so that the 
more vulnerable members of the complex are not at risk from the fishery. 
More than one indicator stock can be selected to provide more 
information about the status of the complex. When indicator stock(s) are 
used, periodic re-evaluation of available quantitative or qualitative 
information (e.g., catch trends, changes in vulnerability, fish health 
indices, etc.) is needed to determine whether a stock is subject to 
overfishing, or is approaching (or in) an overfished condition.
    (10) Vulnerability. A stock's vulnerability is a combination of its 
productivity, which depends upon its life history characteristics, and 
its susceptibility to the fishery. Productivity refers to the capacity 
of the stock to produce MSY and to recover if the population is 
depleted, and susceptibility is the potential for the stock to be 
impacted by the fishery, which includes direct captures, as well as 
indirect impacts to the fishery (e.g., loss of habitat quality). 
Councils in consultation with their SSC, should analyze the 
vulnerability of stocks in stock complexes where possible.
    (e) Features of MSY, SDC, and OY--(1) MSY. Each FMP must include an 
estimate of MSY for the stocks and stock complexes in the fishery, as 
described in paragraph (d)(2) of this section).
    (i) Definitions. (A) MSY is the largest long-term average catch or 
yield that can be taken from a stock or stock complex under prevailing 
ecological, environmental conditions and fishery technological 
characteristics (e.g., gear selectivity), and the distribution of catch 
among fleets.
    (B) MSY fishing mortality rate (Fmsy) is the fishing mortality rate 
that, if applied over the long term, would result in MSY.
    (C) MSY stock size (Bmsy) means the long-term average size of the 
stock or stock complex, measured in terms of spawning biomass or other 
appropriate measure of the stock's reproductive potential that would be 
achieved by fishing at Fmsy.
    (ii) MSY for stocks. MSY should be estimated for each stock based on 
the best scientific information available (see Sec. 600.315).
    (iii) MSY for stock complexes. MSY should be estimated on a stock-
by-stock basis whenever possible. However, where MSY cannot be estimated 
for each stock in a stock complex, then MSY may be estimated for one or 
more indicator stocks for the complex or for the complex as a whole. 
When indicator stocks are used, the stock complex's MSY could be listed 
as ``unknown,'' while noting that the complex is managed on the basis of 
one or more indicator stocks that do have known stock-specific MSYs, or 
suitable proxies, as described in paragraph (e)(1)(iv) of this section. 
When indicator stocks are not used, MSY, or a suitable proxy, should be 
calculated for the stock complex as a whole.
    (iv) Specifying MSY. Because MSY is a long-term average, it need not 
be estimated annually, but it must be based on the best scientific 
information available (see Sec. 600.315), and should be re-estimated as 
required by changes in long-term environmental or ecological conditions, 
fishery technological characteristics, or new scientific information. 
When data are insufficient to estimate MSY directly, Councils should 
adopt other measures of reproductive potential, based on the best 
scientific information available, that can serve as reasonable proxies 
for MSY, Fmsy, and Bmsy, to the extent possible. 
The MSY for a stock is influenced by its interactions with other stocks 
in its ecosystem and these interactions may shift as multiple stocks in 
an ecosystem are fished. These ecological conditions should be taken 
into account, to the extent possible, when specifying MSY. Ecological 
conditions not directly accounted for in the specification of MSY can be 
among the ecological factors considered when setting OY below MSY. As 
MSY values are estimates or are based on proxies, they will have some 
level of uncertainty associated with them. The degree of uncertainty in 
the estimates should be

[[Page 33]]

identified, when possible, through the stock assessment process and peer 
review (see Sec. 600.335), and should be taken into account when 
specifying the ABC Control rule. Where this uncertainty cannot be 
directly calculated, such as when proxies are used, then a proxy for the 
uncertainty itself should be established based on the best scientific 
information, including comparison to other stocks.
    (2) Status determination criteria--(i) Definitions. (A) Status 
determination criteria (SDC) mean the quantifiable factors, MFMT, OFL, 
and MSST, or their proxies, that are used to determine if overfishing 
has occurred, or if the stock or stock complex is overfished. Magnuson-
Stevens Act (section 3(34)) defines both ``overfishing'' and 
``overfished'' to mean a rate or level of fishing mortality that 
jeopardizes the capacity of a fishery to produce the MSY on a continuing 
basis. To avoid confusion, this section clarifies that ``overfished'' 
relates to biomass of a stock or stock complex, and ``overfishing'' 
pertains to a rate or level of removal of fish from a stock or stock 
complex.
    (B) Overfishing (to overfish) occurs whenever a stock or stock 
complex is subjected to a level of fishing mortality or annual total 
catch that jeopardizes the capacity of a stock or stock complex to 
produce MSY on a continuing basis.
    (C) Maximum fishing mortality threshold (MFMT) means the level of 
fishing mortality (F), on an annual basis, above which overfishing is 
occurring. The MFMT or reasonable proxy may be expressed either as a 
single number (a fishing mortality rate or F value), or as a function of 
spawning biomass or other measure of reproductive potential.
    (D) Overfishing limit (OFL) means the annual amount of catch that 
corresponds to the estimate of MFMT applied to a stock or stock 
complex's abundance and is expressed in terms of numbers or weight of 
fish. The OFL is an estimate of the catch level above which overfishing 
is occurring.
    (E) Overfished. A stock or stock complex is considered 
``overfished'' when its biomass has declined below a level that 
jeopardizes the capacity of the stock or stock complex to produce MSY on 
a continuing basis.
    (F) Minimum stock size threshold (MSST) means the level of biomass 
below which the stock or stock complex is considered to be overfished.
    (G) Approaching an overfished condition. A stock or stock complex is 
approaching an overfished condition when it is projected that there is 
more than a 50 percent chance that the biomass of the stock or stock 
complex will decline below the MSST within two years.
    (ii) Specification of SDC and overfishing and overfished 
determinations. SDC must be expressed in a way that enables the Council 
to monitor each stock or stock complex in the FMP, and determine 
annually, if possible, whether overfishing is occurring and whether the 
stock or stock complex is overfished. In specifying SDC, a Council must 
provide an analysis of how the SDC were chosen and how they relate to 
reproductive potential. Each FMP must specify, to the extent possible, 
objective and measurable SDC as follows (see paragraphs (e)(2)(ii)(A) 
and (B) of this section):
    (A) SDC to determine overfishing status. Each FMP must describe 
which of the following two methods will be used for each stock or stock 
complex to determine an overfishing status.
    (1) Fishing mortality rate exceeds MFMT. Exceeding the MFMT for a 
period of 1 year or more constitutes overfishing. The MFMT or reasonable 
proxy may be expressed either as a single number (a fishing mortality 
rate or F value), or as a function of spawning biomass or other measure 
of reproductive potential.
    (2) Catch exceeds the OFL. Should the annual catch exceed the annual 
OFL for 1 year or more, the stock or stock complex is considered subject 
to overfishing.
    (B) SDC to determine overfished status. The MSST or reasonable proxy 
must be expressed in terms of spawning biomass or other measure of 
reproductive potential. To the extent possible, the MSST should equal 
whichever of the following is greater: One-half the MSY stock size, or 
the minimum stock size at which rebuilding to the MSY level would be 
expected to occur within 10

[[Page 34]]

years, if the stock or stock complex were exploited at the MFMT 
specified under paragraph (e)(2)(ii)(A)(1) of this section. Should the 
estimated size of the stock or stock complex in a given year fall below 
this threshold, the stock or stock complex is considered overfished.
    (iii) Relationship of SDC to environmental change. Some short-term 
environmental changes can alter the size of a stock or stock complex 
without affecting its long-term reproductive potential. Long-term 
environmental changes affect both the short-term size of the stock or 
stock complex and the long-term reproductive potential of the stock or 
stock complex.
    (A) If environmental changes cause a stock or stock complex to fall 
below its MSST without affecting its long-term reproductive potential, 
fishing mortality must be constrained sufficiently to allow rebuilding 
within an acceptable time frame (also see paragraph (j)(3)(ii) of this 
section). SDC should not be respecified.
    (B) If environmental changes affect the long-term reproductive 
potential of the stock or stock complex, one or more components of the 
SDC must be respecified. Once SDC have been respecified, fishing 
mortality may or may not have to be reduced, depending on the status of 
the stock or stock complex with respect to the new criteria.
    (C) If manmade environmental changes are partially responsible for a 
stock or stock complex being in an overfished condition, in addition to 
controlling fishing mortality, Councils should recommend restoration of 
habitat and other ameliorative programs, to the extent possible (see 
also the guidelines issued pursuant to section 305(b) of the Magnuson-
Stevens Act for Council actions concerning essential fish habitat).
    (iv) Secretarial approval of SDC. Secretarial approval or 
disapproval of proposed SDC will be based on consideration of whether 
the proposal:
    (A) Has sufficient scientific merit;
    (B) Contains the elements described in paragraph (e)(2)(ii) of this 
section;
    (C) Provides a basis for objective measurement of the status of the 
stock or stock complex against the criteria; and
    (D) Is operationally feasible.
    (3) Optimum yield--(i) Definitions--(A) Optimum yield (OY). 
Magnuson-Stevens Act section (3)(33) defines ``optimum,'' with respect 
to the yield from a fishery, as the amount of fish that will provide the 
greatest overall benefit to the Nation, particularly with respect to 
food production and recreational opportunities and taking into account 
the protection of marine ecosystems; that is prescribed on the basis of 
the MSY from the fishery, as reduced by any relevant economic, social, 
or ecological factor; and, in the case of an overfished fishery, that 
provides for rebuilding to a level consistent with producing the MSY in 
such fishery. OY may be established at the stock or stock complex level, 
or at the fishery level.
    (B) In NS1, use of the phrase ``achieving, on a continuing basis, 
the optimum yield from each fishery'' means producing, from each stock, 
stock complex, or fishery: a long-term series of catches such that the 
average catch is equal to the OY, overfishing is prevented, the long 
term average biomass is near or above Bmsy, and overfished 
stocks and stock complexes are rebuilt consistent with timing and other 
requirements of section 304(e)(4) of the Magnuson-Stevens Act and 
paragraph (j) of this section.
    (ii) General. OY is a long-term average amount of desired yield from 
a stock, stock complex, or fishery. An FMP must contain conservation and 
management measures, including ACLs and AMs, to achieve OY on a 
continuing basis, and provisions for information collection that are 
designed to determine the degree to which OY is achieved. These measures 
should allow for practical and effective implementation and enforcement 
of the management regime. The Secretary has an obligation to implement 
and enforce the FMP. If management measures prove unenforceable--or too 
restrictive, or not rigorous enough to prevent overfishing while 
achieving OY--they should be modified; an alternative is to reexamine 
the adequacy of the OY specification. Exceeding OY does not necessarily 
constitute overfishing.

[[Page 35]]

However, even if no overfishing resulted from exceeding OY, continual 
harvest at a level above OY would violate NS1, because OY was not 
achieved on a continuing basis. An FMP must contain an assessment and 
specification of OY, including a summary of information utilized in 
making such specification, consistent with requirements of section 
303(a)(3) of the Magnuson-Stevens Act. A Council must identify those 
economic, social, and ecological factors relevant to management of a 
particular stock, stock complex, or fishery, and then evaluate them to 
determine the OY. The choice of a particular OY must be carefully 
documented to show that the OY selected will produce the greatest 
benefit to the Nation and prevent overfishing.
    (iii) Determining the greatest benefit to the Nation. In determining 
the greatest benefit to the Nation, the values that should be weighed 
and receive serious attention when considering the economic, social, or 
ecological factors used in reducing MSY to obtain OY are:
    (A) The benefits of food production are derived from providing 
seafood to consumers; maintaining an economically viable fishery 
together with its attendant contributions to the national, regional, and 
local economies; and utilizing the capacity of the Nation's fishery 
resources to meet nutritional needs.
    (B) The benefits of recreational opportunities reflect the quality 
of both the recreational fishing experience and non-consumptive fishery 
uses such as ecotourism, fish watching, and recreational diving. 
Benefits also include the contribution of recreational fishing to the 
national, regional, and local economies and food supplies.
    (C) The benefits of protection afforded to marine ecosystems are 
those resulting from maintaining viable populations (including those of 
unexploited species), maintaining adequate forage for all components of 
the ecosystem, maintaining evolutionary and ecological processes (e.g., 
disturbance regimes, hydrological processes, nutrient cycles), 
maintaining the evolutionary potential of species and ecosystems, and 
accommodating human use.
    (iv) Factors to consider in OY specification. Because fisheries have 
limited capacities, any attempt to maximize the measures of benefits 
described in paragraph (e)(3)(iii) of this section will inevitably 
encounter practical constraints. OY cannot exceed MSY in any 
circumstance, and must take into account the need to prevent overfishing 
and rebuild overfished stocks and stock complexes. OY is prescribed on 
the basis of MSY as reduced by social, economic, and ecological factors. 
To the extent possible, the relevant social, economic, and ecological 
factors used to establish OY for a stock, stock complex, or fishery 
should be quantified and reviewed in historical, short-term, and long-
term contexts. Even where quantification of social, economic, and 
ecological factors is not possible, the FMP still must address them in 
its OY specification. The following is a non-exhaustive list of 
potential considerations for each factor. An FMP must address each 
factor but not necessarily each example.
    (A) Social factors. Examples are enjoyment gained from recreational 
fishing, avoidance of gear conflicts and resulting disputes, 
preservation of a way of life for fishermen and their families, and 
dependence of local communities on a fishery (e.g., involvement in 
fisheries and ability to adapt to change). Consideration may be given to 
fishery-related indicators (e.g., number of fishery permits, number of 
commercial fishing vessels, number of party and charter trips, landings, 
ex-vessel revenues etc.) and non-fishery related indicators (e.g., 
unemployment rates, percent of population below the poverty level, 
population density, etc.). Other factors that may be considered include 
the effects that past harvest levels have had on fishing communities, 
the cultural place of subsistence fishing, obligations under Indian 
treaties, proportions of affected minority and low-income groups, and 
worldwide nutritional needs.
    (B) Economic factors. Examples are prudent consideration of the risk 
of overharvesting when a stock's size or reproductive potential is 
uncertain (see Sec. 600.335(c)(2)(i)), satisfaction of consumer and 
recreational needs, and encouragement of domestic and export

[[Page 36]]

markets for U.S. harvested fish. Other factors that may be considered 
include: The value of fisheries, the level of capitalization, the 
decrease in cost per unit of catch afforded by an increase in stock 
size, the attendant increase in catch per unit of effort, alternate 
employment opportunities, and economic contribution to fishing 
communities, coastal areas, affected states, and the nation.
    (C) Ecological factors. Examples include impacts on ecosystem 
component species, forage fish stocks, other fisheries, predator-prey or 
competitive interactions, marine mammals, threatened or endangered 
species, and birds. Species interactions that have not been explicitly 
taken into account when calculating MSY should be considered as relevant 
factors for setting OY below MSY. In addition, consideration should be 
given to managing forage stocks for higher biomass than Bmsy 
to enhance and protect the marine ecosystem. Also important are 
ecological or environmental conditions that stress marine organisms, 
such as natural and manmade changes in wetlands or nursery grounds, and 
effects of pollutants on habitat and stocks.
    (v) Specification of OY. The specification of OY must be consistent 
with paragraphs (e)(3)(i)-(iv) of this section. If the estimates of MFMT 
and current biomass are known with a high level of certainty and 
management controls can accurately limit catch then OY could be set very 
close to MSY, assuming no other reductions are necessary for social, 
economic, or ecological factors. To the degree that such MSY estimates 
and management controls are lacking or unavailable, OY should be set 
farther from MSY. If management measures cannot adequately control 
fishing mortality so that the specified OY can be achieved without 
overfishing, the Council should reevaluate the management measures and 
specification of OY so that the dual requirements of NS1 (preventing 
overfishing while achieving, on a continuing basis, OY) are met.
    (A) The amount of fish that constitutes the OY should be expressed 
in terms of numbers or weight of fish.
    (B) Either a range or a single value may be specified for OY.
    (C) All catch must be counted against OY, including that resulting 
from bycatch, scientific research, and all fishing activities.
    (D) The OY specification should be translatable into an annual 
numerical estimate for the purposes of establishing any total allowable 
level of foreign fishing (TALFF) and analyzing impacts of the management 
regime.
    (E) The determination of OY is based on MSY, directly or through 
proxy. However, even where sufficient scientific data as to the 
biological characteristics of the stock do not exist, or where the 
period of exploitation or investigation has not been long enough for 
adequate understanding of stock dynamics, or where frequent large-scale 
fluctuations in stock size diminish the meaningfulness of the MSY 
concept, OY must still be established based on the best scientific 
information available.
    (F) An OY established at a fishery level may not exceed the sum of 
the MSY values for each of the stocks or stock complexes within the 
fishery.
    (G) There should be a mechanism in the FMP for periodic reassessment 
of the OY specification, so that it is responsive to changing 
circumstances in the fishery.
    (H) Part of the OY may be held as a reserve to allow for factors 
such as uncertainties in estimates of stock size and domestic annual 
harvest (DAH). If an OY reserve is established, an adequate mechanism 
should be included in the FMP to permit timely release of the reserve to 
domestic or foreign fishermen, if necessary.
    (vi) OY and foreign fishing. Section 201(d) of the Magnuson-Stevens 
Act provides that fishing by foreign nations is limited to that portion 
of the OY that will not be harvested by vessels of the United States. 
The FMP must include an assessment to address the following, as required 
by section 303(a)(4) of the Magnuson-Stevens Act:
    (A) DAH. Councils and/or the Secretary must consider the capacity 
of, and the extent to which, U.S. vessels will harvest the OY on an 
annual basis. Estimating the amount that U.S. fishing vessels will 
actually harvest is required to determine the surplus.

[[Page 37]]

    (B) Domestic annual processing (DAP). Each FMP must assess the 
capacity of U.S. processors. It must also assess the amount of DAP, 
which is the sum of two estimates: The estimated amount of U.S. harvest 
that domestic processors will process, which may be based on historical 
performance or on surveys of the expressed intention of manufacturers to 
process, supported by evidence of contracts, plant expansion, or other 
relevant information; and the estimated amount of fish that will be 
harvested by domestic vessels, but not processed (e.g., marketed as 
fresh whole fish, used for private consumption, or used for bait).
    (C) Joint venture processing (JVP). When DAH exceeds DAP, the 
surplus is available for JVP.
    (f) Acceptable biological catch, annual catch limits, and annual 
catch targets. The following features (see paragraphs (f)(1) through 
(f)(5) of this section) of acceptable biological catch and annual catch 
limits apply to stocks and stock complexes in the fishery (see paragraph 
(d)(2) of this section).
    (1) Introduction. A control rule is a policy for establishing a 
limit or target fishing level that is based on the best available 
scientific information and is established by fishery managers in 
consultation with fisheries scientists. Control rules should be designed 
so that management actions become more conservative as biomass 
estimates, or other proxies, for a stock or stock complex decline and as 
science and management uncertainty increases. Examples of scientific 
uncertainty include uncertainty in the estimates of MFMT and biomass. 
Management uncertainty may include late catch reporting, misreporting, 
and underreporting of catches and is affected by a fishery's ability to 
control actual catch. For example, a fishery that has inseason catch 
data available and inseason closure authority has better management 
control and precision than a fishery that does not have these features.
    (2) Definitions. (i) Catch is the total quantity of fish, measured 
in weight or numbers of fish, taken in commercial, recreational, 
subsistence, tribal, and other fisheries. Catch includes fish that are 
retained for any purpose, as well as mortality of fish that are 
discarded.
    (ii) Acceptable biological catch (ABC) is a level of a stock or 
stock complex's annual catch that accounts for the scientific 
uncertainty in the estimate of OFL and any other scientific uncertainty 
(see paragraph (f)(3) of this section), and should be specified based on 
the ABC control rule.
    (iii) ABC control rule means a specified approach to setting the ABC 
for a stock or stock complex as a function of the scientific uncertainty 
in the estimate of OFL and any other scientific uncertainty (see 
paragraph (f)(4) of this section).
    (iv) Annual catch limit (ACL) is the level of annual catch of a 
stock or stock complex that serves as the basis for invoking AMs. ACL 
cannot exceed the ABC, but may be divided into sector-ACLs (see 
paragraph (f)(5) of this section).
    (v) Annual catch target (ACT) is 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. ACTs are recommended in the system of accountability 
measures so that ACL is not exceeded.
    (vi) ACT control rule means a specified approach to setting the ACT 
for a stock or stock complex such that the risk of exceeding the ACL due 
to management uncertainty is at an acceptably low level.
    (3) Specification of ABC. ABC may not exceed OFL (see paragraph 
(e)(2)(i)(D) of this section). Councils should develop a process for 
receiving scientific information and advice used to establish ABC. This 
process should: Identify the body that will apply the ABC control rule 
(i.e. , calculates the ABC), and identify the review process that will 
evaluate the resulting ABC. The SSC must recommend the ABC to the 
Council. An SSC may recommend an ABC that differs from the result of the 
ABC control rule calculation, based on factors such as data uncertainty, 
recruitment variability, declining trends in population variables, and 
other factors, but must explain why. For Secretarial FMPs or FMP 
amendments, agency scientists or a peer review process would provide the 
scientific advice to establish ABC. For internationally-assessed

[[Page 38]]

stocks, an ABC as defined in these guidelines is not required if they 
meet the international exception (see paragraph (h)(2)(ii)). While the 
ABC is allowed to equal OFL, NMFS expects that in most cases ABC will be 
reduced from OFL to reduce the probability that overfishing might occur 
in a year. Also, see paragraph (f)(5) of this section for cases where a 
Council recommends that ACL is equal to ABC, and ABC is equal to OFL.
    (i) Expression of ABC. ABC should be expressed in terms of catch, 
but may be expressed in terms of landings as long as estimates of 
bycatch and any other fishing mortality not accounted for in the 
landings are incorporated into the determination of ABC.
    (ii) ABC for overfished stocks. For overfished stocks and stock 
complexes, a rebuilding ABC must be set to reflect the annual catch that 
is consistent with the schedule of fishing mortality rates in the 
rebuilding plan.
    (4) ABC control rule. For stocks and stock complexes required to 
have an ABC, each Council must establish an ABC control rule based on 
scientific advice from its SSC. The determination of ABC should be 
based, when possible, on the probability that an actual catch equal to 
the stock's ABC would result in overfishing. This probability that 
overfishing will occur cannot exceed 50 percent and should be a lower 
value. The ABC control rule should consider reducing fishing mortality 
as stock size declines and may establish a stock abundance level below 
which fishing would not be allowed. The process of establishing an ABC 
control rule could also involve science advisors or the peer review 
process established under Magnuson-Stevens Act section 302(g)(1)(E). The 
ABC control rule must articulate how ABC will be set compared to the OFL 
based on the scientific knowledge about the stock or stock complex and 
the scientific uncertainty in the estimate of OFL and any other 
scientific uncertainty. The ABC control rule should consider uncertainty 
in factors such as stock assessment results, time lags in updating 
assessments, the degree of retrospective revision of assessment results, 
and projections. The control rule may be used in a tiered approach to 
address different levels of scientific uncertainty.
    (5) Setting the annual catch limit--(i) General. ACL cannot exceed 
the ABC and may be set annually or on a multiyear plan basis. ACLs in 
coordination with AMs must prevent overfishing (see MSA section 
303(a)(15)). If a Council recommends an ACL which equals ABC, and the 
ABC is equal to OFL, the Secretary may presume that the proposal would 
not prevent overfishing, in the absence of sufficient analysis and 
justification for the approach. A ``multiyear plan'' as referenced in 
section 303(a)(15) of the Magnuson-Stevens Act is a plan that 
establishes harvest specifications or harvest guidelines for each year 
of a time period greater than 1 year. A multiyear plan must include a 
mechanism for specifying ACLs for each year with appropriate AMs to 
prevent overfishing and maintain an appropriate rate of rebuilding if 
the stock or stock complex is in a rebuilding plan. A multiyear plan 
must provide that, if an ACL is exceeded for a year, then AMs are 
triggered for the next year consistent with paragraph (g)(3) of this 
section.
    (ii) Sector-ACLs. A Council may, but is not required to, divide an 
ACL into sector-ACLs. ``Sector,'' for purposes of this section, means a 
distinct user group to which separate management strategies and separate 
catch quotas apply. Examples of sectors include the commercial sector, 
recreational sector, or various gear groups within a fishery. If the 
management measures for different sectors differ in the degree of 
management uncertainty, then sector ACLs may be necessary so that 
appropriate AMs can be developed for each sector. If a Council chooses 
to use sector ACLs, the sum of sector ACLs must not exceed the stock or 
stock complex level ACL. The system of ACLs and AMs designed must be 
effective in protecting the stock or stock complex as a whole. Even if 
sector-ACLs and AMs are established, additional AMs at the stock or 
stock complex level may be necessary.
    (iii) ACLs for State-Federal Fisheries. For stocks or stock 
complexes that have harvest in state or territorial waters, FMPs and FMP 
amendments should include an ACL for the overall

[[Page 39]]

stock that may be further divided. For example, the overall ACL could be 
divided into a Federal-ACL and state-ACL. However, NMFS recognizes that 
Federal management is limited to the portion of the fishery under 
Federal authority (see paragraph (g)(5) of this section). When stocks 
are co-managed by Federal, state, tribal, and/or territorial fishery 
managers, the goal should be to develop collaborative conservation and 
management strategies, and scientific capacity to support such 
strategies (including AMs for state or territorial and Federal waters), 
to prevent overfishing of shared stocks and ensure their sustainability.
    (6) ACT control rule. If ACT is specified as part of the AMs for a 
fishery, an ACT control rule is utilized for setting the ACT. The ACT 
control rule should clearly articulate how management uncertainty in the 
amount of catch in the fishery is accounted for in setting ACT. The 
objective for establishing the ACT and related AMs is that the ACL not 
be exceeded.
    (i) Determining management uncertainty. Two sources of management 
uncertainty should be accounted for in establishing the AMs for a 
fishery, including the ACT control rule if utilized: Uncertainty in the 
ability of managers to constrain catch so the ACL is not exceeded, and 
uncertainty in quantifying the true catch amounts (i.e., estimation 
errors). To determine the level of management uncertainty in controlling 
catch, analyses need to consider past management performance in the 
fishery and factors such as time lags in reported catch. Such analyses 
must be based on the best available scientific information from an SSC, 
agency scientists, or peer review process as appropriate.
    (ii) Establishing tiers and corresponding ACT control rules. Tiers 
can be established based on levels of management uncertainty associated 
with the fishery, frequency and accuracy of catch monitoring data 
available, and risks of exceeding the limit. An ACT control rule could 
be established for each tier and have, as appropriate, different 
formulas and standards used to establish the ACT.
    (7) A Council may choose to use a single control rule that combines 
both scientific and management uncertainty and supports the ABC 
recommendation and establishment of ACL and if used ACT.
    (g) Accountability measures. The following features (see paragraphs 
(g)(1) through (5) of this section) of accountability measures apply to 
those stocks and stock complexes in the fishery.
    (1) Introduction. AMs are management controls to prevent ACLs, 
including sector-ACLs, from being exceeded, and to correct or mitigate 
overages of the ACL if they occur. AMs should address and minimize both 
the frequency and magnitude of overages and correct the problems that 
caused the overage in as short a time as possible. NMFS identifies two 
categories of AMs, inseason AMs and AMs for when the ACL is exceeded.
    (2) Inseason AMs. Whenever possible, FMPs should include inseason 
monitoring and management measures to prevent catch from exceeding ACLs. 
Inseason AMs could include, but are not limited to: ACT; closure of a 
fishery; closure of specific areas; changes in gear; changes in trip 
size or bag limits; reductions in effort; or other appropriate 
management controls for the fishery. If final data or data components of 
catch are delayed, Councils should make appropriate use of preliminary 
data, such as landed catch, in implementing inseason AMs. FMPs should 
contain inseason closure authority giving NMFS the ability to close 
fisheries if it determines, based on data that it deems sufficiently 
reliable, that an ACL has been exceeded or is projected to be reached, 
and that closure of the fishery is necessary to prevent overfishing. For 
fisheries without inseason management control to prevent the ACL from 
being exceeded, AMs should utilize ACTs that are set below ACLs so that 
catches do not exceed the ACL.
    (3) AMs for when the ACL is exceeded. On an annual basis, the 
Council must determine as soon as possible after the fishing year if an 
ACL was exceeded. If an ACL was exceeded, AMs must be triggered and 
implemented as soon as possible to correct the operational issue that 
caused the ACL overage, as well as any biological consequences to the 
stock or stock complex resulting

[[Page 40]]

from the overage when it is known. These AMs could include, among other 
things, modifications of inseason AMs or overage adjustments. For stocks 
and stock complexes in rebuilding plans, the AMs should include overage 
adjustments that reduce the ACLs in the next fishing year by the full 
amount of the overages, unless the best scientific information available 
shows that a reduced overage adjustment, or no adjustment, is needed to 
mitigate the effects of the overages. If catch exceeds the ACL for a 
given stock or stock complex more than once in the last four years, the 
system of ACLs and AMs should be re-evaluated, and modified if 
necessary, to improve its performance and effectiveness. A Council could 
choose a higher performance standard (e.g., a stock's catch should not 
exceed its ACL more often than once every five or six years) for a stock 
that is particularly vulnerable to the effects of overfishing, if the 
vulnerability of the stock has not already been accounted for in the ABC 
control rule.
    (4) AMs based on multi-year average data. Some fisheries have highly 
variable annual catches and lack reliable inseason or annual data on 
which to base AMs. If there are insufficient data upon which to compare 
catch to ACL, either inseason or on an annual basis, AMs could be based 
on comparisons of average catch to average ACL over a three-year moving 
average period or, if supported by analysis, some other appropriate 
multi-year period. Councils should explain why basing AMs on a multi-
year period is appropriate. Evaluation of the moving average catch to 
the average ACL must be conducted annually and AMs should be implemented 
if the average catch exceeds the average ACL. As a performance standard, 
if the average catch exceeds the average ACL for a stock or stock 
complex more than once in the last four years, then the system of ACLs 
and AMs should be re-evaluated and modified if necessary to improve its 
performance and effectiveness. The initial ACL and management measures 
may incorporate information from previous years so that AMs based on 
average ACLs can be applied from the first year. Alternatively, a 
Council could use a stepped approach where in year-1, catch is compared 
to the ACL for year-1; in year-2 the average catch for the past 2 years 
is compared to the average ACL; then in year 3 and beyond, the most 
recent 3 years of catch are compared to the corresponding ACLs for those 
years.
    (5) AMs for State-Federal Fisheries. For stocks or stock complexes 
that have harvest in state or territorial waters, FMPs and FMP 
amendments must, at a minimum, have AMs for the portion of the fishery 
under Federal authority. Such AMs could include closing the EEZ when the 
Federal portion of the ACL is reached, or the overall stock's ACL is 
reached, or other measures.
    (h) Establishing ACL mechanisms and AMs in FMPs. FMPs or FMP 
amendments must establish ACL mechanisms and AMs for all stocks and 
stock complexes in the fishery, unless paragraph (h)(2) of this section 
is applicable. These mechanisms should describe the annual or multiyear 
process by which specific ACLs, AMs, and other reference points such as 
OFL, and ABC will be established. If a complex has multiple indicator 
stocks, each indicator stock must have its own ACL; an additional ACL 
for the stock complex as a whole is optional. In cases where fisheries 
(e.g., Pacific salmon) harvest multiple indicator stocks of a single 
species that cannot be distinguished at the time of capture, separate 
ACLs for the indicator stocks are not required and the ACL can be 
established for the complex as a whole.
    (1) In establishing ACL mechanisms and AMs, FMPs should describe:
    (i) Timeframes for setting ACLs (e.g., annually or multi-year 
periods);
    (ii) Sector-ACLs, if any (including set-asides for research or 
bycatch);
    (iii) AMs and how AMs are triggered and what sources of data will be 
used (e.g., inseason data, annual catch compared to the ACL, or multi-
year averaging approach); and
    (iv) Sector-AMs, if there are sector-ACLs.
    (2) Exceptions from ACL and AM requirements--(i) Life cycle. Section 
303(a)(15) of the Magnuson-Stevens Act ``shall not apply to a fishery 
for species that has a life cycle of approximately 1

[[Page 41]]

year unless the Secretary has determined the fishery is subject to 
overfishing of that species'' (as described in Magnuson-Stevens Act 
section 303 note). This exception applies to a stock for which the 
average length of time it takes for an individual to produce a 
reproductively active offspring is approximately 1 year and that the 
individual has only one breeding season in its lifetime. While exempt 
from the ACL and AM requirements, FMPs or FMP amendments for these 
stocks must have SDC, MSY, OY, ABC, and an ABC control rule.
    (ii) International fishery agreements. Section 303(a)(15) of the 
Magnuson-Stevens Act applies ``unless otherwise provided for under an 
international agreement in which the United States participates'' 
(Magnuson-Stevens Act section 303 note). This exception applies to 
stocks or stock complexes subject to management under an international 
agreement, which is defined as ``any bilateral or multilateral treaty, 
convention, or agreement which relates to fishing and to which the 
United States is a party'' (see Magnuson-Stevens Act section 3(24)). 
These stocks would still need to have SDC and MSY.
    (3) Flexibility in application of NS1 guidelines. There are limited 
circumstances that may not fit the standard approaches to specification 
of reference points and management measures set forth in these 
guidelines. These include, among other things, conservation and 
management of Endangered Species Act listed species, harvests from 
aquaculture operations, and stocks with unusual life history 
characteristics (e.g., Pacific salmon, where the spawning potential for 
a stock is spread over a multi-year period). In these circumstances, 
Councils may propose alternative approaches for satisfying the NS1 
requirements of the Magnuson-Stevens Act than those set forth in these 
guidelines. Councils must document their rationale for any alternative 
approaches for these limited circumstances in an FMP or FMP amendment, 
which will be reviewed for consistency with the Magnuson-Stevens Act.
    (i) Fisheries data. In their FMPs, or associated public documents 
such as SAFE reports as appropriate, Councils must describe general data 
collection methods, as well as any specific data collection methods used 
for all stocks in the fishery, and EC species, including:
    (1) Sources of fishing mortality (both landed and discarded), 
including commercial and recreational catch and bycatch in other 
fisheries;
    (2) Description of the data collection and estimation methods used 
to quantify total catch mortality in each fishery, including information 
on the management tools used (i.e., logbooks, vessel monitoring systems, 
observer programs, landings reports, fish tickets, processor reports, 
dealer reports, recreational angler surveys, or other methods); the 
frequency with which data are collected and updated; and the scope of 
sampling coverage for each fishery; and
    (3) Description of the methods used to compile catch data from 
various catch data collection methods and how those data are used to 
determine the relationship between total catch at a given point in time 
and the ACL for stocks and stock complexes that are part of a fishery.
    (j) Council actions to address overfishing and rebuilding for stocks 
and stock complexes in the fishery--(1) Notification. The Secretary will 
immediately notify in writing a Regional Fishery Management Council 
whenever it is determined that:
    (i) Overfishing is occurring;
    (ii) A stock or stock complex is overfished;
    (iii) A stock or stock complex is approaching an overfished 
condition; or
    (iv) Existing remedial action taken for the purpose of ending 
previously identified overfishing or rebuilding a previously identified 
overfished stock or stock complex has not resulted in adequate progress.
    (2) Timing of actions--(i) If a stock or stock complex is undergoing 
overfishing. FMPs or FMP amendments must establish ACL and AM mechanisms 
in 2010, for stocks and stock complexes determined to be subject to 
overfishing, and in 2011, for all other stocks and stock complexes (see 
paragraph (b)(2)(iii) of this section). To address practical 
implementation aspects of the FMP and FMP amendment process, paragraphs

[[Page 42]]

(j)(2)(i)(A) through (C) of this section clarifies the expected timing 
of actions.
    (A) In addition to establishing ACL and AM mechanisms, the ACLs and 
AMs themselves must be specified in FMPs, FMP amendments, implementing 
regulations, or annual specifications beginning in 2010 or 2011, as 
appropriate.
    (B) For stocks and stock complexes still determined to be subject to 
overfishing at the end of 2008, ACL and AM mechanisms and the ACLs and 
AMs themselves must be effective in fishing year 2010.
    (C) For stocks and stock complexes determined to be subject to 
overfishing during 2009, ACL and AM mechanisms and ACLs and AMs 
themselves should be effective in fishing year 2010, if possible, or in 
fishing year 2011, at the latest.
    (ii) If a stock or stock complex is overfished or approaching an 
overfished condition. (A) For notifications that a stock or stock 
complex is overfished or approaching an overfished condition made before 
July 12, 2009, a Council must prepare an FMP, FMP amendment, or proposed 
regulations within one year of notification. If the stock or stock 
complex is overfished, the purpose of the action is to specify a time 
period for ending overfishing and rebuilding the stock or stock complex 
that will be as short as possible as described under section 304(e)(4) 
of the Magnuson-Stevens Act. If the stock or stock complex is 
approaching an overfished condition, the purpose of the action is to 
prevent the biomass from declining below the MSST.
    (B) For notifications that a stock or stock complex is overfished or 
approaching an overfished condition made after July 12, 2009, a Council 
must prepare and implement an FMP, FMP amendment, or proposed 
regulations within two years of notification, consistent with the 
requirements of section 304(e)(3) of the Magnuson-Stevens Act. Council 
actions should be submitted to NMFS within 15 months of notification to 
ensure sufficient time for the Secretary to implement the measures, if 
approved. If the stock or stock complex is overfished and overfishing is 
occurring, the rebuilding plan must end overfishing immediately and be 
consistent with ACL and AM requirements of the Magnuson-Stevens Act.
    (3) Overfished fishery. (i) Where a stock or stock complex is 
overfished, a Council must specify a time period for rebuilding the 
stock or stock complex based on factors specified in Magnuson-Stevens 
Act section 304(e)(4). This target time for rebuilding 
(Ttarget) shall be as short as possible, taking into account: 
The status and biology of any overfished stock, the needs of fishing 
communities, recommendations by international organizations in which the 
U.S. participates, and interaction of the stock within the marine 
ecosystem. In addition, the time period shall not exceed 10 years, 
except where biology of the stock, other environmental conditions, or 
management measures under an international agreement to which the U.S. 
participates, dictate otherwise. SSCs (or agency scientists or peer 
review processes in the case of Secretarial actions) shall provide 
recommendations for achieving rebuilding targets (see Magnuson-Stevens 
Act section 302(g)(1)(B)). The above factors enter into the 
specification of Ttarget as follows:
    (A) The ``minimum time for rebuilding a stock'' (Tmin) 
means the amount of time the stock or stock complex is expected to take 
to rebuild to its MSY biomass level in the absence of any fishing 
mortality. In this context, the term ``expected'' means to have at least 
a 50 percent probability of attaining the Bmsy.
    (B) For scenarios under paragraph (j)(2)(ii)(A) of this section, the 
starting year for the Tmin calculation is the first year that 
a rebuilding plan is implemented. For scenarios under paragraph 
(j)(2)(ii)(B) of this section, the starting year for the Tmin 
calculation is 2 years after notification that a stock or stock complex 
is overfished or the first year that a rebuilding plan is implemented, 
whichever is sooner.
    (C) If Tmin for the stock or stock complex is 10 years or 
less, then the maximum time allowable for rebuilding (Tmax) 
that stock to its Bmsy is 10 years.
    (D) If Tmin for the stock or stock complex exceeds 10 
years, then the maximum time allowable for rebuilding a

[[Page 43]]

stock or stock complex to its Bmsy is Tmin plus 
the length of time associated with one generation time for that stock or 
stock complex. ``Generation time'' is the average length of time between 
when an individual is born and the birth of its offspring.
    (E) Ttarget shall not exceed Tmax, and should 
be calculated based on the factors described in this paragraph (j)(3).
    (ii) If a stock or stock complex reached the end of its rebuilding 
plan period and has not yet been determined to be rebuilt, then the 
rebuilding F should not be increased until the stock or stock complex 
has been demonstrated to be rebuilt. If the rebuilding plan was based on 
a Ttarget that was less than Tmax, and the stock 
or stock complex is not rebuilt by Ttarget, rebuilding 
measures should be revised, if necessary, such that the stock or stock 
complex will be rebuilt by Tmax. If the stock or stock 
complex has not rebuilt by Tmax, then the fishing mortality 
rate should be maintained at Frebuild or 75 percent of the 
MFMT, whichever is less.
    (iii) Council action addressing an overfished fishery must allocate 
both overfishing restrictions and recovery benefits fairly and equitably 
among sectors of the fishery.
    (iv) For fisheries managed under an international agreement, Council 
action addressing an overfished fishery must reflect traditional 
participation in the fishery, relative to other nations, by fishermen of 
the United States.
    (4) Emergency actions and interim measures. The Secretary, on his/
her own initiative or in response to a Council request, may implement 
interim measures to reduce overfishing or promulgate regulations to 
address an emergency (Magnuson-Stevens Act section 304(e)(6) or 305(c)). 
In considering a Council request for action, the Secretary would 
consider, among other things, the need for and urgency of the action and 
public interest considerations, such as benefits to the stock or stock 
complex and impacts on participants in the fishery.
    (i) These measures may remain in effect for not more than 180 days, 
but may be extended for an additional 186 days if the public has had an 
opportunity to comment on the measures and, in the case of Council-
recommended measures, the Council is actively preparing an FMP, FMP 
amendment, or proposed regulations to address the emergency or 
overfishing on a permanent basis.
    (ii) Often, these measures need to be implemented without prior 
notice and an opportunity for public comment, as it would be 
impracticable to provide for such processes given the need to act 
quickly and also contrary to the public interest to delay action. 
However, emergency regulations and interim measures that do not qualify 
for waivers or exceptions under the Administrative Procedure Act would 
need to follow proposed notice and comment rulemaking procedures.
    (k) International overfishing. If the Secretary determines that a 
fishery is overfished or approaching a condition of being overfished due 
to excessive international fishing pressure, and for which there are no 
management measures (or no effective measures) to end overfishing under 
an international agreement to which the United States is a party, then 
the Secretary and/or the appropriate Council shall take certain actions 
as provided under Magnuson-Stevens Act section 304(i). The Secretary, in 
cooperation with the Secretary of State, must immediately take 
appropriate action at the international level to end the overfishing. In 
addition, within one year after the determination, the Secretary and/or 
appropriate Council shall:
    (1) Develop recommendations for domestic regulations to address the 
relative impact of the U.S. fishing vessels on the stock. Council 
recommendations should be submitted to the Secretary.
    (2) Develop and submit recommendations to the Secretary of State, 
and to the Congress, for international actions that will end overfishing 
in the fishery and rebuild the affected stocks, taking into account the 
relative impact of vessels of other nations and vessels of the United 
States on the relevant stock. Councils should, in consultation with the 
Secretary, develop recommendations that take into consideration relevant 
provisions of the Magnuson-Stevens Act and NS1 guidelines, including 
section 304(e) of the Magnuson-

[[Page 44]]

Stevens Act and paragraph (j)(3)(iv) of this section, and other 
applicable laws. For highly migratory species in the Pacific, 
recommendations from the Western Pacific, North Pacific, or Pacific 
Councils must be developed and submitted consistent with Magnuson-
Stevens Reauthorization Act section 503(f), as appropriate.
    (3) Considerations for assessing ``relative impact.'' ``Relative 
impact'' under paragraphs (k)(1) and (2) of this section may include 
consideration of factors that include, but are not limited to: Domestic 
and international management measures already in place, management 
history of a given nation, estimates of a nation's landings or catch 
(including bycatch) in a given fishery, and estimates of a nation's 
mortality contributions in a given fishery. Information used to 
determine relative impact must be based upon the best available 
scientific information.
    (l) Relationship of National Standard 1 to other national 
standards--General. National Standards 2 through 10 provide further 
requirements for conservation and management measures in FMPs, but do 
not alter the requirement of NS1 to prevent overfishing and rebuild 
overfished stocks.
    (1) National Standard 2 (see Sec. 600.315). Management measures and 
reference points to implement NS1 must be based on the best scientific 
information available. When data are insufficient to estimate reference 
points directly, Councils should develop reasonable proxies to the 
extent possible (also see paragraph (e)(1)(iv) of this section). In 
cases where scientific data are severely limited, effort should also be 
directed to identifying and gathering the needed data. SSCs should 
advise their Councils regarding the best scientific information 
available for fishery management decisions.
    (2) National Standard 3 (see Sec. 600.320). Reference points should 
generally be specified in terms of the level of stock aggregation for 
which the best scientific information is available (also see paragraph 
(e)(1)(iii) of this section). Also, scientific assessments must be based 
on the best information about the total range of the stock and potential 
biological structuring of the stock into biological sub-units, which may 
differ from the geographic units on which management is feasible.
    (3) National Standard 6 (see Sec. 600.335). Councils must build 
into the reference points and control rules appropriate consideration of 
risk, taking into account uncertainties in estimating harvest, stock 
conditions, life history parameters, or the effects of environmental 
factors.
    (4) National Standard 8 (see Sec. 600.345). National Standard 8 
directs the Councils to apply economic and social factors towards 
sustained participation of fishing communities and to the extent 
practicable, minimize adverse economic impacts on such communities 
within the context of preventing overfishing and rebuilding overfished 
stocks as required under National Standard 1. Therefore, calculation of 
OY as reduced from MSY should include economic and social factors, but 
the combination of management measures chosen to achieve the OY must 
principally be designed to prevent overfishing and rebuild overfished 
stocks.
    (5) National Standard 9 (see Sec. 600.350). Evaluation of stock 
status with respect to reference points must take into account mortality 
caused by bycatch. In addition, the estimation of catch should include 
the mortality of fish that are discarded.
    (m) Exceptions to requirements to prevent overfishing. Exceptions to 
the requirement to prevent overfishing could apply under certain limited 
circumstances. Harvesting one stock at its optimum level may result in 
overfishing of another stock when the two stocks tend to be caught 
together (This can occur when the two stocks are part of the same 
fishery or if one is bycatch in the other's fishery). Before a Council 
may decide to allow this type of overfishing, an analysis must be 
performed and the analysis must contain a justification in terms of 
overall benefits, including a comparison of benefits under alternative 
management measures, and an analysis of the risk of any stock or stock 
complex falling below its MSST. The Council may decide to allow this 
type of overfishing if the fishery is not overfished and the analysis 
demonstrates that all of the following conditions are satisfied:

[[Page 45]]

    (1) Such action will result in long-term net benefits to the Nation;
    (2) Mitigating measures have been considered and it has been 
demonstrated that a similar level of long-term net benefits cannot be 
achieved by modifying fleet behavior, gear selection/configuration, or 
other technical characteristic in a manner such that no overfishing 
would occur; and
    (3) The resulting rate of fishing mortality will not cause any stock 
or stock complex to fall below its MSST more than 50 percent of the time 
in the long term, although it is recognized that persistent overfishing 
is expected to cause the affected stock to fall below its 
Bmsy more than 50 percent of the time in the long term.

[74 FR 3204, Jan. 16, 2009]



Sec. 600.315  National Standard 2--Scientific Information.

    (a) Standard 2. Conservation and management measures shall be based 
upon the best scientific information available.
    (b) FMP development. The fact that scientific information concerning 
a fishery is incomplete does not prevent the preparation and 
implementation of an FMP (see related Sec. Sec. 600.320(d)(2) and 
600.340(b).
    (1) Scientific information includes, but is not limited to, 
information of a biological, ecological, economic, or social nature. 
Successful fishery management depends, in part, on the timely 
availability, quality, and quantity of scientific information, as well 
as on the thorough analysis of this information, and the extent to which 
the information is applied. If there are conflicting facts or opinions 
relevant to a particular point, a Council may choose among them, but 
should justify the choice.
    (2) FMPs must take into account the best scientific information 
available at the time of preparation. Between the initial drafting of an 
FMP and its submission for final review, new information often becomes 
available. This new information should be incorporated into the final 
FMP where practicable; but it is unnecessary to start the FMP process 
over again, unless the information indicates that drastic changes have 
occurred in the fishery that might require revision of the management 
objectives or measures.
    (c) FMP implementation. (1) An FMP must specify whatever information 
fishermen and processors will be required or requested to submit to the 
Secretary. Information about harvest within state boundaries, as well as 
in the EEZ, may be collected if it is needed for proper implementation 
of the FMP and cannot be obtained otherwise. The FMP should explain the 
practical utility of the information specified in monitoring the 
fishery, in facilitating inseason management decisions, and in judging 
the performance of the management regime; it should also consider the 
effort, cost, or social impact of obtaining it.
    (2) An FMP should identify scientific information needed from other 
sources to improve understanding and management of the resource, marine 
ecosystem, and the fishery (including fishing communities).
    (3) The information submitted by various data suppliers should be 
comparable and compatible, to the maximum extent possible.
    (d) FMP amendment. FMPs should be amended on a timely basis, as new 
information indicates the necessity for change in objectives or 
management measures.
    (e) SAFE Report. (1) The SAFE report is a document or set of 
documents that provides Councils with a summary of information 
concerning the most recent biological condition of stocks and the marine 
ecosystems in the FMU and the social and economic condition of the 
recreational and commercial fishing interests, fishing communities, and 
the fish processing industries. It summarizes, on a periodic basis, the 
best available scientific information concerning the past, present, and 
possible future condition of the stocks, marine ecosystems, and 
fisheries being managed under Federal regulation.
    (i) The Secretary has the responsibility to assure that a SAFE 
report or similar document is prepared, reviewed annually, and changed 
as necessary for each FMP. The Secretary or Councils may utilize any 
combination of talent from Council, state, Federal, university, or other 
sources to acquire and

[[Page 46]]

analyze data and produce the SAFE report.
    (ii) The SAFE report provides information to the Councils for 
determining annual harvest levels from each stock, documenting 
significant trends or changes in the resource, marine ecosystems, and 
fishery over time, and assessing the relative success of existing state 
and Federal fishery management programs. Information on bycatch and 
safety for each fishery should also be summarized. In addition, the SAFE 
report may be used to update or expand previous environmental and 
regulatory impact documents, and ecosystem and habitat descriptions.
    (iii) Each SAFE report must be scientifically based, and cite data 
sources and interpretations.
    (2) Each SAFE report should contain information on which to base 
harvest specifications.
    (3) Each SAFE report should contain a description of the maximum 
fishing mortality threshold and the minimum stock size threshold for 
each stock or stock complex, along with information by which the Council 
may determine:
    (i) Whether overfishing is occurring with respect to any stock or 
stock complex, whether any stock or stock complex is overfished, whether 
the rate or level of fishing mortality applied to any stock or stock 
complex is approaching the maximum fishing mortality threshold, and 
whether the size of any stock or stock complex is approaching the 
minimum stock size threshold.
    (ii) Any management measures necessary to provide for rebuilding an 
overfished stock or stock complex (if any) to a level consistent with 
producing the MSY in such fishery.
    (4) Each SAFE report may contain additional economic, social, 
community, essential fish habitat, and ecological information pertinent 
to the success of management or the achievement of objectives of each 
FMP.
    (5) Each SAFE report may contain additional economic, social, and 
ecological information pertinent to the success of management or the 
achievement of objectives of each FMP.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24233, May 1, 1998]



Sec. 600.320  National Standard 3--Management Units.

    (a) Standard 3. To the extent practicable, an individual stock of 
fish shall be managed as a unit throughout its range, and interrelated 
stocks of fish shall be managed as a unit or in close coordination.
    (b) General. The purpose of this standard is to induce a 
comprehensive approach to fishery management. The geographic scope of 
the fishery, for planning purposes, should cover the entire range of the 
stocks(s) of fish, and not be overly constrained by political 
boundaries. Wherever practicable, an FMP should seek to manage 
interrelated stocks of fish.
    (c) Unity of management. Cooperation and understanding among 
entities concerned with the fishery (e.g., Councils, states, Federal 
Government, international commissions, foreign nations) are vital to 
effective management. Where management of a fishery involves multiple 
jurisdictions, coordination among the several entities should be sought 
in the development of an FMP. Where a range overlaps Council areas, one 
FMP to cover the entire range is preferred. The Secretary designates 
which Council(s) will prepare the FMP, under section 304(f) of the 
Magnuson-Stevens Act.
    (d) Management unit. The term ``management unit'' means a fishery or 
that portion of a fishery identified in an FMP as relevant to the FMP's 
management objectives.
    (1) Basis. The choice of a management unit depends on the focus of 
the FMP's objectives, and may be organized around biological, 
geographic, economic, technical, social, or ecological perspectives. For 
example:
    (i) Biological--could be based on a stock(s) throughout its range.
    (ii) Geographic--could be an area.
    (iii) Economic--could be based on a fishery supplying specific 
product forms.
    (iv) Technical--could be based on a fishery utilizing a specific 
gear type or similar fishing practices.
    (v) Social--could be based on fishermen as the unifying element, 
such as when the fishermen pursue different species in a regular pattern 
throughout the year.

[[Page 47]]

    (vi) Ecological--could be based on species that are associated in 
the ecosystem or are dependent on a particular habitat.
    (2) Conservation and management measures. FMPs should include 
conservation and management measures for that part of the management 
unit within U.S. waters, although the Secretary can ordinarily implement 
them only within the EEZ. The measures need not be identical for each 
geographic area within the management unit, if the FMP justifies the 
differences. A management unit may contain, in addition to regulated 
species, stocks of fish for which there is not enough information 
available to specify MSY and OY or to establish management measures, so 
that data on these species may be collected under the FMP.
    (e) Analysis. To document that an FMP is as comprehensive as 
practicable, it should include discussions of the following:
    (1) The range and distribution of the stocks, as well as the 
patterns of fishing effort and harvest.
    (2) Alternative management units and reasons for selecting a 
particular one. A less-than-comprehensive management unit may be 
justified if, for example, complementary management exits or is planned 
for a separate geographic area or for a distinct use of the stocks, or 
if the unmanaged portion of the resource is immaterial to proper 
management.
    (3) Management activities and habitat programs of adjacent states 
and their effects on the FMP's objectives and management measures. Where 
state action is necessary to implement measures within state waters to 
achieve FMP objectives, the FMP should identify what state action is 
necessary, discuss the consequences of state inaction or contrary 
action, and make appropriate recommendations. The FMP should also 
discuss the impact that Federal regulations will have on state 
management activities.
    (4) Management activities of other countries having an impact on the 
fishery, and how the FMP's management measures are designed to take into 
account these impacts. International boundaries may be dealt with in 
several ways. For example:
    (i) By limiting the management unit's scope to that portion of the 
stock found in U.S. waters;
    (ii) By estimating MSY for the entire stock and then basing the 
determination of OY for the U.S. fishery on the portion of the stock 
within U.S. waters; or
    (iii) By referring to treaties or cooperative agreements.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]



Sec. 600.325  National Standard 4--Allocations.

    (a) Standard 4. Conservation and management measures shall not 
discriminate between residents of different states. If it becomes 
necessary to allocate or assign fishing privileges among various U.S. 
fishermen, such allocation shall be:
    (1) Fair and equitable to all such fishermen.
    (2) Reasonably calculated to promote conservation.
    (3) Carried out in such manner that no particular individual, 
corporation, or other entity acquires an excessive share of such 
privileges.
    (b) Discrimination among residents of different states. An FMP may 
not differentiate among U.S. citizens, nationals, resident aliens, or 
corporations on the basis of their state of residence. An FMP may not 
incorporate or rely on a state statute or regulation that discriminates 
against residents of another state. Conservation and management measures 
that have different effects on persons in various geographic locations 
are permissible if they satisfy the other guidelines under Standard 4. 
Examples of these precepts are:
    (1) An FMP that restricted fishing in the EEZ to those holding a 
permit from state X would violate Standard 4 if state X issued permits 
only to its own citizens.
    (2) An FMP that closed a spawning ground might disadvantage 
fishermen living in the state closest to it, because they would have to 
travel farther to an open area, but the closure could be justified under 
Standard 4 as a conservation measure with no discriminatory intent.

[[Page 48]]

    (c) Allocation of fishing privileges. An FMP may contain management 
measures that allocate fishing privileges if such measures are necessary 
or helpful in furthering legitimate objectives or in achieving the OY, 
and if the measures conform with paragraphs (c)(3)(i) through 
(c)(3)(iii) of this section.
    (1) Definition. An ``allocation'' or ``assignment'' of fishing 
privileges is a direct and deliberate distribution of the opportunity to 
participate in a fishery among identifiable, discrete user groups or 
individuals. Any management measure (or lack of management) has 
incidental allocative effects, but only those measures that result in 
direct distributions of fishing privileges will be judged against the 
allocation requirements of Standard 4. Adoption of an FMP that merely 
perpetuates existing fishing practices may result in an allocation, if 
those practices directly distribute the opportunity to participate in 
the fishery. Allocations of fishing privileges include, for example, 
per-vessel catch limits, quotas by vessel class and gear type, different 
quotas or fishing seasons for recreational and commercial fishermen, 
assignment of ocean areas to different gear users, and limitation of 
permits to a certain number of vessels or fishermen.
    (2) Analysis of allocations. Each FMP should contain a description 
and analysis of the allocations existing in the fishery and of those 
made in the FMP. The effects of eliminating an existing allocation 
system should be examined. Allocation schemes considered, but rejected 
by the Council, should be included in the discussion. The analysis 
should relate the recommended allocations to the FMP's objectives and OY 
specification, and discuss the factors listed in paragraph (c)(3) of 
this section.
    (3) Factors in making allocations. An allocation of fishing 
privileges must be fair and equitable, must be reasonably calculated to 
promote conservation, and must avoid excessive shares. These tests are 
explained in paragraphs (c)(3)(i) through (c)(3)(iii) of this section:
    (i) Fairness and equity. (A) An allocation of fishing privileges 
should be rationally connected to the achievement of OY or with the 
furtherance of a legitimate FMP objective. Inherent in an allocation is 
the advantaging of one group to the detriment of another. The motive for 
making a particular allocation should be justified in terms of the 
objectives of the FMP; otherwise, the disadvantaged user groups or 
individuals would suffer without cause. For instance, an FMP objective 
to preserve the economic status quo cannot be achieved by excluding a 
group of long-time participants in the fishery. On the other hand, there 
is a rational connection between an objective of harvesting shrimp at 
their maximum size and closing a nursery area to trawling.
    (B) An allocation of fishing privileges may impose a hardship on one 
group if it is outweighed by the total benefits received by another 
group or groups. An allocation need not preserve the status quo in the 
fishery to qualify as ``fair and equitable,'' if a restructuring of 
fishing privileges would maximize overall benefits. The Council should 
make an initial estimate of the relative benefits and hardships imposed 
by the allocation, and compare its consequences with those of 
alternative allocation schemes, including the status quo. Where 
relevant, judicial guidance and government policy concerning the rights 
of treaty Indians and aboriginal Americans must be considered in 
determining whether an allocation is fair and equitable.
    (ii) Promotion of conservation. Numerous methods of allocating 
fishing privileges are considered ``conservation and management'' 
measures under section 303 of the Magnuson-Stevens Act. An allocation 
scheme may promote conservation by encouraging a rational, more easily 
managed use of the resource. Or, it may promote conservation (in the 
sense of wise use) by optimizing the yield in terms of size, value, 
market mix, price, or economic or social benefit of the product. To the 
extent that rebuilding plans or other conservation and management 
measures that reduce the overall harvest in a fishery are necessary, any 
harvest restrictions or recovery benefits must be allocated fairly and 
equitably among the commercial, recreational, and charter fishing 
sectors of the fishery.

[[Page 49]]

    (iii) Avoidance of excessive shares. An allocation scheme must be 
designed to deter any person or other entity from acquiring an excessive 
share of fishing privileges, and to avoid creating conditions fostering 
inordinate control, by buyers or sellers, that would not otherwise 
exist.
    (iv) Other factors. In designing an allocation scheme, a Council 
should consider other factors relevant to the FMP's objectives. Examples 
are economic and social consequences of the scheme, food production, 
consumer interest, dependence on the fishery by present participants and 
coastal communities, efficiency of various types of gear used in the 
fishery, transferability of effort to and impact on other fisheries, 
opportunity for new participants to enter the fishery, and enhancement 
of opportunities for recreational fishing.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]



Sec. 600.330  National Standard 5--Efficiency.

    (a) Standard 5. Conservation and management measures shall, where 
practicable, consider efficiency in the utilization of fishery 
resources; except that no such measure shall have economic allocation as 
its sole purpose.
    (b) Efficiency in the utilization of resources--(1) General. The 
term ``utilization'' encompasses harvesting, processing, marketing, and 
non-consumptive uses of the resource, since management decisions affect 
all sectors of the industry. In considering efficient utilization of 
fishery resources, this standard highlights one way that a fishery can 
contribute to the Nation's benefit with the least cost to society: Given 
a set of objectives for the fishery, an FMP should contain management 
measures that result in as efficient a fishery as is practicable or 
desirable.
    (2) Efficiency. In theory, an efficient fishery would harvest the OY 
with the minimum use of economic inputs such as labor, capital, 
interest, and fuel. Efficiency in terms of aggregate costs then becomes 
a conservation objective, where ``conservation'' constitutes wise use of 
all resources involved in the fishery, not just fish stocks.
    (i) In an FMP, management measures may be proposed that allocate 
fish among different groups of individuals or establish a system of 
property rights. Alternative measures examined in searching for an 
efficient outcome will result in different distributions of gains and 
burdens among identifiable user groups. An FMP should demonstrate that 
management measures aimed at efficiency do not simply redistribute gains 
and burdens without an increase in efficiency.
    (ii) Management regimes that allow a fishery to operate at the 
lowest possible cost (e.g., fishing effort, administration, and 
enforcement) for a particular level of catch and initial stock size are 
considered efficient. Restrictive measures that unnecessarily raise any 
of those costs move the regime toward inefficiency. Unless the use of 
inefficient techniques or the creation of redundant fishing capacity 
contributes to the attainment of other social or biological objectives, 
an FMP may not contain management measures that impede the use of cost-
effective techniques of harvesting, processing, or marketing, and should 
avoid creating strong incentives for excessive investment in private 
sector fishing capital and labor.
    (c) Limited access. A ``system for limiting access,'' which is an 
optional measure under section 303(b) of the Magnuson-Stevens Act, is a 
type of allocation of fishing privileges that may be considered to 
contribute to economic efficiency or conservation. For example, limited 
access may be used to combat overfishing, overcrowding, or 
overcapitalization in a fishery to achieve OY. In an unutilized or 
underutilized fishery, it may be used to reduce the chance that these 
conditions will adversely affect the fishery in the future, or to 
provide adequate economic return to pioneers in a new fishery. In some 
cases, limited entry is a useful ingredient of a conservation scheme, 
because it facilitates application and enforcement of other management 
measures.
    (1) Definition. Limited access (or limited entry) is a management 
technique that attempts to limit units of effort in a fishery, usually 
for the purpose of reducing economic waste, improving net

[[Page 50]]

economic return to the fishermen, or capturing economic rent for the 
benefit of the taxpayer or the consumer. Common forms of limited access 
are licensing of vessels, gear, or fishermen to reduce the number of 
units of effort, and dividing the total allowable catch into fishermen's 
quotas (a stock-certificate system). Two forms (i.e., Federal fees for 
licenses or permits in excess of administrative costs, and taxation) are 
not permitted under the Magnuson-Stevens Act, except for fees allowed 
under section 304(d)(2).
    (2) Factors to consider. The Magnuson-Stevens Act ties the use of 
limited access to the achievement of OY. An FMP that proposes a limited 
access system must consider the factors listed in section 303(b)(6) of 
the Magnuson-Stevens Act and in Sec. 600.325(c)(3). In addition, it 
should consider the criteria for qualifying for a permit, the nature of 
the interest created, whether to make the permit transferable, and the 
Magnuson-Stevens Act's limitations on returning economic rent to the 
public under section 304(d). The FMP should also discuss the costs of 
achieving an appropriate distribution of fishing privileges.
    (d) Analysis. An FMP should discuss the extent to which 
overcapitalization, congestion, economic waste, and inefficient 
techniques in the fishery reduce the net benefits derived from the 
management unit and prevent the attainment and appropriate allocation of 
OY. It should also explain, in terms of the FMP's objectives, any 
restriction placed on the use of efficient techniques of harvesting, 
processing, or marketing. If, during FMP development, the Council 
considered imposing a limited-entry system, the FMP should analyze the 
Council's decision to recommend or reject limited access as a technique 
to achieve efficient utilization of the resources of the fishing 
industry.
    (e) Economic allocation. This standard prohibits only those measures 
that distribute fishery resources among fishermen on the basis of 
economic factors alone, and that have economic allocation as their only 
purpose. Where conservation and management measures are recommended that 
would change the economic structure of the industry or the economic 
conditions under which the industry operates, the need for such measures 
must be justified in light of the biological, ecological, and social 
objectives of the FMP, as well as the economic objectives.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24234, May 1, 1998]



Sec. 600.335  National Standard 6--Variations and Contingencies.

    (a) Standard 6. Conservation and management measures shall take into 
account and allow for variations among, and contingencies in, fisheries, 
fishery resources, and catches.
    (b) Conservation and management. Each fishery exhibits unique 
uncertainties. The phrase ``conservation and management'' implies the 
wise use of fishery resources through a management regime that includes 
some protection against these uncertainties. The particular regime 
chosen must be flexible enough to allow timely response to resource, 
industry, and other national and regional needs. Continual data 
acquisition and analysis will help the development of management 
measures to compensate for variations and to reduce the need for 
substantial buffers. Flexibility in the management regime and the 
regulatory process will aid in responding to contingencies.
    (c) Variations. (1) In fishery management terms, variations arise 
from biological, social, and economic occurrences, as well as from 
fishing practices. Biological uncertainties and lack of knowledge can 
hamper attempts to estimate stock size and strength, stock location in 
time and space, environmental/habitat changes, and ecological 
interactions. Economic uncertainty may involve changes in foreign or 
domestic market conditions, changes in operating costs, drifts toward 
overcapitalization, and economic perturbations caused by changed fishing 
patterns. Changes in fishing practices, such as the introduction of new 
gear, rapid increases or decreases in harvest effort, new fishing 
strategies, and the effects of new management techniques, may also 
create uncertainties. Social changes could involve increases or 
decreases in recreational fishing, or the

[[Page 51]]

movement of people into or out of fishing activities due to such factors 
as age or educational opportunities.
    (2) Every effort should be made to develop FMPs that discuss and 
take into account these vicissitudes. To the extent practicable, FMPs 
should provide a suitable buffer in favor of conservation. Allowances 
for uncertainties should be factored into the various elements of an 
FMP. Examples are:
    (i) Reduce OY. Lack of scientific knowledge about the condition of a 
stock(s) could be reason to reduce OY.
    (ii) Establish a reserve. Creation of a reserve may compensate for 
uncertainties in estimating domestic harvest, stock conditions, or 
environmental factors.
    (iii) Adjust management techniques. In the absence of adequate data 
to predict the effect of a new regime, and to avoid creating unwanted 
variations, a Council could guard against producing drastic changes in 
fishing patterns, allocations, or practices.
    (iv) Highlight habitat conditions. FMPs may address the impact of 
pollution and the effects of wetland and estuarine degradation on the 
stocks of fish; identify causes of pollution and habitat degradation and 
the authorities having jurisdiction to regulate or influence such 
activities; propose recommendations that the Secretary will convey to 
those authorities to alleviate such problems; and state the views of the 
Council on unresolved or anticipated issues.
    (d) Contingencies. Unpredictable events--such as unexpected resource 
surges or failures, fishing effort greater than anticipated, disruptive 
gear conflicts, climatic conditions, or environmental catastrophes--are 
best handled by establishing a flexible management regime that contains 
a range of management options through which it is possible to act 
quickly without amending the FMP or even its regulations.
    (1) The FMP should describe the management options and their 
consequences in the necessary detail to guide the Secretary in 
responding to changed circumstances, so that the Council preserves its 
role as policy-setter for the fishery. The description should enable the 
public to understand what may happen under the flexible regime, and to 
comment on the options.
    (2) FMPs should include criteria for the selection of management 
measures, directions for their application, and mechanisms for timely 
adjustment of management measures comprising the regime. For example, an 
FMP could include criteria that allow the Secretary to open and close 
seasons, close fishing grounds, or make other adjustments in management 
measures.
    (3) Amendment of a flexible FMP would be necessary when 
circumstances in the fishery change substantially, or when a Council 
adopts a different management philosophy and objectives.



Sec. 600.340  National Standard 7--Costs and Benefits.

    (a) Standard 7. Conservation and management measures shall, where 
practicable, minimize costs and avoid unnecessary duplication.
    (b) Necessity of Federal management--(1) General. The principle that 
not every fishery needs regulation is implicit in this standard. The 
Magnuson-Stevens Act requires Councils to prepare FMPs only for 
overfished fisheries and for other fisheries where regulation would 
serve some useful purpose and where the present or future benefits of 
regulation would justify the costs. For example, the need to collect 
data about a fishery is not, by itself, adequate justification for 
preparation of an FMP, since there are less costly ways to gather the 
data (see Sec. 600.320(d)(2). In some cases, the FMP preparation 
process itself, even if it does not culminate in a document approved by 
the Secretary, can be useful in supplying a basis for management by one 
or more coastal states.
    (2) Criteria. In deciding whether a fishery needs management through 
regulations implementing an FMP, the following general factors should be 
considered, among others:
    (i) The importance of the fishery to the Nation and to the regional 
economy.
    (ii) The condition of the stock or stocks of fish and whether an FMP 
can improve or maintain that condition.

[[Page 52]]

    (iii) The extent to which the fishery could be or is already 
adequately managed by states, by state/Federal programs, by Federal 
regulations pursuant to FMPs or international commissions, or by 
industry self-regulation, consistent with the policies and standards of 
the Magnuson-Stevens Act.
    (iv) The need to resolve competing interests and conflicts among 
user groups and whether an FMP can further that resolution.
    (v) The economic condition of a fishery and whether an FMP can 
produce more efficient utilization.
    (vi) The needs of a developing fishery, and whether an FMP can 
foster orderly growth.
    (vii) The costs associated with an FMP, balanced against the 
benefits (see paragraph (d) of this section as a guide).
    (c) Alternative management measures. Management measures should not 
impose unnecessary burdens on the economy, on individuals, on private or 
public organizations, or on Federal, state, or local governments. 
Factors such as fuel costs, enforcement costs, or the burdens of 
collecting data may well suggest a preferred alternative.
    (d) Analysis. The supporting analyses for FMPs should demonstrate 
that the benefits of fishery regulation are real and substantial 
relative to the added research, administrative, and enforcement costs, 
as well as costs to the industry of compliance. In determining the 
benefits and costs of management measures, each management strategy 
considered and its impacts on different user groups in the fishery 
should be evaluated. This requirement need not produce an elaborate, 
formalistic cost/benefit analysis. Rather, an evaluation of effects and 
costs, especially of differences among workable alternatives, including 
the status quo, is adequate. If quantitative estimates are not possible, 
qualitative estimates will suffice.
    (1) Burdens. Management measures should be designed to give 
fishermen the greatest possible freedom of action in conducting business 
and pursuing recreational opportunities that are consistent with 
ensuring wise use of the resources and reducing conflict in the fishery. 
The type and level of burden placed on user groups by the regulations 
need to be identified. Such an examination should include, for example: 
Capital outlays; operating and maintenance costs; reporting costs; 
administrative, enforcement, and information costs; and prices to 
consumers. Management measures may shift costs from one level of 
government to another, from one part of the private sector to another, 
or from the government to the private sector. Redistribution of costs 
through regulations is likely to generate controversy. A discussion of 
these and any other burdens placed on the public through FMP regulations 
should be a part of the FMP's supporting analyses.
    (2) Gains. The relative distribution of gains may change as a result 
of instituting different sets of alternatives, as may the specific type 
of gain. The analysis of benefits should focus on the specific gains 
produced by each alternative set of management measures, including the 
status quo. The benefits to society that result from the alternative 
management measures should be identified, and the level of gain 
assessed.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24234, May 1, 1998]



Sec. 600.345  National Standard 8--Communities.

    (a) Standard 8. Conservation and management measures shall, 
consistent with the conservation requirements of the Magnuson-Stevens 
Act (including the prevention of overfishing and rebuilding of 
overfished stocks), take into account the importance of fishery 
resources to fishing communities by utilizing economic and social data 
that are based upon the best scientific information available in order 
to:
    (1) Provide for the sustained participation of such communities; and
    (2) To the extent practicable, minimize adverse economic impacts on 
such communities.
    (b) General. (1) This standard requires that an FMP take into 
account the importance of fishery resources to fishing

[[Page 53]]

communities. This consideration, however, is within the context of the 
conservation requirements of the Magnuson-Stevens Act. Deliberations 
regarding the importance of fishery resources to affected fishing 
communities, therefore, must not compromise the achievement of 
conservation requirements and goals of the FMP. Where the preferred 
alternative negatively affects the sustained participation of fishing 
communities, the FMP should discuss the rationale for selecting this 
alternative over another with a lesser impact on fishing communities. 
All other things being equal, where two alternatives achieve similar 
conservation goals, the alternative that provides the greater potential 
for sustained participation of such communities and minimizes the 
adverse economic impacts on such communities would be the preferred 
alternative.
    (2) This standard does not constitute a basis for allocating 
resources to a specific fishing community nor for providing preferential 
treatment based on residence in a fishing community.
    (3) The term ``fishing community'' means a community that is 
substantially dependent on or substantially engaged in the harvest or 
processing of fishery resources to meet social and economic needs, and 
includes fishing vessel owners, operators, and crew, and fish processors 
that are based in such communities. A fishing community is a social or 
economic group whose members reside in a specific location and share a 
common dependency on commercial, recreational, or subsistence fishing or 
on directly related fisheries-dependent services and industries (for 
example, boatyards, ice suppliers, tackle shops).
    (4) The term ``sustained participation'' means continued access to 
the fishery within the constraints of the condition of the resource.
    (c) Analysis. (1) FMPs must examine the social and economic 
importance of fisheries to communities potentially affected by 
management measures. For example, severe reductions of harvests for 
conservation purposes may decrease employment opportunities for 
fishermen and processing plant workers, thereby adversely affecting 
their families and communities. Similarly, a management measure that 
results in the allocation of fishery resources among competing sectors 
of a fishery may benefit some communities at the expense of others.
    (2) An appropriate vehicle for the analyses under this standard is 
the fishery impact statement required by section 303(a)(9) of the 
Magnuson-Stevens Act. Qualitative and quantitative data may be used, 
including information provided by fishermen, dealers, processors, and 
fisheries organizations and associations. In cases where data are 
severely limited, effort should be directed to identifying and gathering 
needed data.
    (3) To address the sustained participation of fishing communities 
that will be affected by management measures, the analysis should first 
identify affected fishing communities and then assess their differing 
levels of dependence on and engagement in the fishery being regulated. 
The analysis should also specify how that assessment was made. The best 
available data on the history, extent, and type of participation of 
these fishing communities in the fishery should be incorporated into the 
social and economic information presented in the FMP. The analysis does 
not have to contain an exhaustive listing of all communities that might 
fit the definition; a judgment can be made as to which are primarily 
affected. The analysis should discuss each alternative's likely effect 
on the sustained participation of these fishing communities in the 
fishery.
    (4) The analysis should assess the likely positive and negative 
social and economic impacts of the alternative management measures, over 
both the short and the long term, on fishing communities. Any particular 
management measure may economically benefit some communities while 
adversely affecting others. Economic impacts should be considered both 
for individual communities and for the group of all affected communities 
identified in the FMP. Impacts of both consumptive and non-consumptive 
uses of fishery resources should be considered.
    (5) A discussion of social and economic impacts should identify 
those

[[Page 54]]

alternatives that would minimize adverse impacts on these fishing 
communities within the constraints of conservation and management goals 
of the FMP, other national standards, and other applicable law.

[63 FR 24234, May 1, 1998, as amended at 73 FR 67810, Nov. 17, 2008]



Sec. 600.350  National Standard 9--Bycatch.

    (a) Standard 9. Conservation and management measures shall, to the 
extent practicable:
    (1) Minimize bycatch; and
    (2) To the extent bycatch cannot be avoided, minimize the mortality 
of such bycatch.
    (b) General. This national standard requires Councils to consider 
the bycatch effects of existing and planned conservation and management 
measures. Bycatch can, in two ways, impede efforts to protect marine 
ecosystems and achieve sustainable fisheries and the full benefits they 
can provide to the Nation. First, bycatch can increase substantially the 
uncertainty concerning total fishing-related mortality, which makes it 
more difficult to assess the status of stocks, to set the appropriate OY 
and define overfishing levels, and to ensure that OYs are attained and 
overfishing levels are not exceeded. Second, bycatch may also preclude 
other more productive uses of fishery resources.
    (c) Definition--Bycatch. The term ``bycatch'' means fish that are 
harvested in a fishery, but that are not sold or kept for personal use.
    (1) Inclusions. Bycatch includes the discard of whole fish at sea or 
elsewhere, including economic discards and regulatory discards, and 
fishing mortality due to an encounter with fishing gear that does not 
result in capture of fish (i.e., unobserved fishing mortality).
    (2) Exclusions. Bycatch excludes the following:
    (i) Fish that legally are retained in a fishery and kept for 
personal, tribal, or cultural use, or that enter commerce through sale, 
barter, or trade.
    (ii) Fish released alive under a recreational catch-and-release 
fishery management program. A catch-and-release fishery management 
program is one in which the retention of a particular species is 
prohibited. In such a program, those fish released alive would not be 
considered bycatch.
    (iii) Fish harvested in a commercial fishery managed by the 
Secretary under Magnuson-Stevens Act sec. 304(g) or the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971d) or highly migratory species 
harvested in a commercial fishery managed by a Council under the 
Magnuson-Stevens Act or the Western and Central Pacific Fisheries 
Convention Implementation Act, that are not regulatory discards and that 
are tagged and released alive under a scientific tagging and release 
program established by the Secretary.
    (d) Minimizing bycatch and bycatch mortality. The priority under 
this standard is first to avoid catching bycatch species where 
practicable. Fish that are bycatch and cannot be avoided must, to the 
extent practicable, be returned to the sea alive. Any proposed 
conservation and management measure that does not give priority to 
avoiding the capture of bycatch species must be supported by appropriate 
analyses. In their evaluation, the Councils must consider the net 
benefits to the Nation, which include, but are not limited to: Negative 
impacts on affected stocks; incomes accruing to participants in directed 
fisheries in both the short and long term; incomes accruing to 
participants in fisheries that target the bycatch species; environmental 
consequences; non-market values of bycatch species, which include non-
consumptive uses of bycatch species and existence values, as well as 
recreational values; and impacts on other marine organisms. To evaluate 
conservation and management measures relative to this and other national 
standards, as well as to evaluate total fishing mortality, Councils 
must--
    (1) Promote development of a database on bycatch and bycatch 
mortality in the fishery to the extent practicable. A review and, where 
necessary, improvement of data collection methods, data sources, and 
applications of data must be initiated for each fishery to determine the 
amount, type, disposition, and other characteristics of bycatch and 
bycatch mortality in each fishery for purposes of this standard and of 
section

[[Page 55]]

303(a)(11) and (12) of the Magnuson-Stevens Act. Bycatch should be 
categorized to focus on management responses necessary to minimize 
bycatch and bycatch mortality to the extent practicable. When 
appropriate, management measures, such as at-sea monitoring programs, 
should be developed to meet these information needs.
    (2) For each management measure, assess the effects on the amount 
and type of bycatch and bycatch mortality in the fishery. Most 
conservation and management measures can affect the amounts of bycatch 
or bycatch mortality in a fishery, as well as the extent to which 
further reductions in bycatch are practicable. In analyzing measures, 
including the status quo, Councils should assess the impacts of 
minimizing bycatch and bycatch mortality, as well as consistency of the 
selected measure with other national standards and applicable laws. The 
benefits of minimizing bycatch to the extent practicable should be 
identified and an assessment of the impact of the selected measure on 
bycatch and bycatch mortality provided. Due to limitations on the 
information available, fishery managers may not be able to generate 
precise estimates of bycatch and bycatch mortality or other effects for 
each alternative. In the absence of quantitative estimates of the 
impacts of each alternative, Councils may use qualitative measures. 
Information on the amount and type of bycatch should be summarized in 
the SAFE reports.
    (3) Select measures that, to the extent practicable, will minimize 
bycatch and bycatch mortality. (i) A determination of whether a 
conservation and management measure minimizes bycatch or bycatch 
mortality to the extent practicable, consistent with other national 
standards and maximization of net benefits to the Nation, should 
consider the following factors:
    (A) Population effects for the bycatch species.
    (B) Ecological effects due to changes in the bycatch of that species 
(effects on other species in the ecosystem).
    (C) Changes in the bycatch of- other species of fish and the 
resulting population and ecosystem effects.
    (D) Effects on marine mammals and birds.
    (E) Changes in fishing, processing, disposal, and marketing costs.
    (F) Changes in fishing practices and behavior of fishermen.
    (G) Changes in research, administration, and enforcement costs and 
management effectiveness.
    (H) Changes in the economic, social, or cultural value of fishing 
activities and nonconsumptive uses of fishery resources.
    (I) Changes in the distribution of benefits and costs.
    (J) Social effects.
    (ii) The Councils should adhere to the precautionary approach found 
in the Food and Agriculture Organization of the United Nations (FAO) 
Code of Conduct for Responsible Fisheries (Article 6.5), which is 
available from the Director, Publications Division, FAO, Viale delle 
Terme di Caracalla, 00100 Rome, Italy, when faced with uncertainty 
concerning any of the factors listed in this paragraph (d)(3).
    (4) Monitor selected management measures. Effects of implemented 
measures should be evaluated routinely. Monitoring systems should be 
established prior to fishing under the selected management measures. 
Where applicable, plans should be developed and coordinated with 
industry and other concerned organizations to identify opportunities for 
cooperative data collection, coordination of data management for cost 
efficiency, and avoidance of duplicative effort.
    (e) Other considerations. Other applicable laws, such as the MMPA, 
the ESA, and the Migratory Bird Treaty Act, require that Councils 
consider the impact of conservation and management measures on living 
marine resources other than fish; i.e., marine mammals and birds.

[63 FR 24235, May 1, 1998, as amended at 73 FR 67811, Nov. 17, 2008]



Sec. 600.355  National Standard 10--Safety of Life at Sea.

    (a) Standard 10. Conservation and management measures shall, to the 
extent practicable, promote the safety of human life at sea.
    (b) General. (1) Fishing is an inherently dangerous occupation where 
not all hazardous situations can be foreseen or avoided. The standard 
directs

[[Page 56]]

Councils to reduce that risk in crafting their management measures, so 
long as they can meet the other national standards and the legal and 
practical requirements of conservation and management. This standard is 
not meant to give preference to one method of managing a fishery over 
another.
    (2) The qualifying phrase ``to the extent practicable'' recognizes 
that regulation necessarily puts constraints on fishing that would not 
otherwise exist. These constraints may create pressures on fishermen to 
fish under conditions that they would otherwise avoid. This standard 
instructs the Councils to identify and avoid those situations, if they 
can do so consistent with the legal and practical requirements of 
conservation and management of the resource.
    (3) For the purposes of this national standard, the safety of the 
fishing vessel and the protection from injury of persons aboard the 
vessel are considered the same as ``safety of human life at sea. The 
safety of a vessel and the people aboard is ultimately the 
responsibility of the master of that vessel. Each master makes many 
decisions about vessel maintenance and loading and about the 
capabilities of the vessel and crew to operate safely in a variety of 
weather and sea conditions. This national standard does not replace the 
judgment or relieve the responsibility of the vessel master related to 
vessel safety. The Councils, the USCG, and NMFS, through the 
consultation process of paragraph (d) of this section, will review all 
FMPs, amendments, and regulations during their development to ensure 
they recognize any impact on the safety of human life at sea and 
minimize or mitigate that impact where practicable.
    (c) Safety considerations. The following is a non-inclusive list of 
safety considerations that should be considered in evaluating management 
measures under national standard 10.
    (1) Operating environment. Where and when a fishing vessel operates 
is partly a function of the general climate and weather patterns of an 
area. Typically, larger vessels can fish farther offshore and in more 
adverse weather conditions than smaller vessels. An FMP should try to 
avoid creating situations that result in vessels going out farther, 
fishing longer, or fishing in weather worse than they generally would 
have in the absence of management measures. Where these conditions are 
unavoidable, management measures should mitigate these effects, 
consistent with the overall management goals of the fishery.
    (2) Gear and vessel loading requirements. A fishing vessel operates 
in a very dynamic environment that can be an extremely dangerous place 
to work. Moving heavy gear in a seaway creates a dangerous situation on 
a vessel. Carrying extra gear can also significantly reduce the 
stability of a fishing vessel, making it prone to capsizing. An FMP 
should consider the safety and stability of fishing vessels when 
requiring specific gear or requiring the removal of gear from the water. 
Management measures should reflect a sensitivity to these issues and 
provide methods of mitigation of these situations wherever possible.
    (3) Limited season and area fisheries. Fisheries where time 
constraints for harvesting are a significant factor and with no 
flexibility for weather, often called ``derby'' fisheries, can create 
serious safety problems. To participate fully in such a fishery, 
fishermen may fish in bad weather and overload their vessel with catch 
and/or gear. Where these conditions exist, FMPs should attempt to 
mitigate these effects and avoid them in new management regimes, as 
discussed in paragraph (e) of this section.
    (d) Consultation. During preparation of any FMP, FMP amendment, or 
regulation that might affect safety of human life at sea, the Council 
should consult with the USCG and the fishing industry as to the nature 
and extent of any adverse impacts. This consultation may be done through 
a Council advisory panel, committee, or other review of the FMP, FMP 
amendment, or regulations. Mitigation, to the extent practicable, and 
other safety considerations identified in paragraph (c) of this section 
should be included in the FMP.
    (e) Mitigation measures. There are many ways in which an FMP may 
avoid or provide alternative measures to reduce potential impacts on 
safety of human life at sea. The following is a

[[Page 57]]

list of some factors that could be considered when management measures 
are developed:
    (1) Setting seasons to avoid hazardous weather.
    (2) Providing for seasonal or trip flexibility to account for bad 
weather (weather days).
    (3) Allowing for pre- and post-season ``soak time'' to deploy and 
pick up fixed gear, so as to avoid overloading vessels with fixed gear.
    (4) Tailoring gear requirements to provide for smaller or lighter 
gear for smaller vessels.
    (5) Avoiding management measures that require hazardous at-sea 
inspections or enforcement if other comparable enforcement could be 
accomplished as effectively.
    (6) Limiting the number of participants in the fishery.
    (7) Spreading effort over time and area to avoid potential gear and/
or vessel conflicts.
    (8) Implementing management measures that reduce the race for fish 
and the resulting incentives for fishermen to take additional risks with 
respect to vessel safety.

[63 FR 24236, May 1, 1998]



                 Subpart E_Confidentiality of Statistics



Sec. 600.405  Types of statistics covered.

    NOAA is authorized under the Magnuson-Stevens Act and other statutes 
to collect proprietary or confidential commercial or financial 
information. This part applies to all pertinent data required to be 
submitted to the Secretary with respect to any FMP including, but not 
limited to, information regarding the type and quantity of fishing gear 
used, catch by species in numbers of fish or weight thereof, areas in 
which fishing occurred, time of fishing, number of hauls, and the 
estimated processing capacity of, and the actual processing capacity 
utilized by, U.S. fish processors.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.410  Collection and maintenance of statistics.

    (a) General. (1) All statistics required to be submitted to the 
Secretary are provided to the Assistant Administrator.
    (2) After receipt, the Assistant Administrator will remove all 
identifying particulars from the statistics if doing so is consistent 
with the needs of NMFS and good scientific practice.
    (3) Appropriate safeguards as specified by NOAA Directives, or other 
NOAA or NMFS internal procedures, apply to the collection and 
maintenance of all statistics, whether separated from identifying 
particulars or not, so as to ensure their confidentiality.
    (b) Collection agreements with states. (1) The Assistant 
Administrator may enter into an agreement with a state authorizing the 
state to collect statistics on behalf of the Secretary.
    (2) NMFS will not enter into a cooperative collection agreement with 
a state unless the state has authority to protect the statistics from 
disclosure in a manner at least as protective as these regulations.



Sec. 600.415  Access to statistics.

    (a) General. In determining whether to grant a request for access to 
confidential data, the following information will be taken into 
consideration (also see Sec. 600.130):
    (1) The specific types of data required.
    (2) The relevance of the data to conservation and management issues.
    (3) The duration of time access will be required: continuous, 
infrequent, or one-time.
    (4) An explanation of why the availability of aggregate or non-
confidential summaries of data from other sources would not satisfy the 
requested needs.
    (b) Federal employees. Statistics submitted as a requirement of an 
FMP and that reveal the identity of the submitter will only be 
accessible to the following:
    (1) Personnel within NMFS responsible for the collection, 
processing, and storage of the statistics.
    (2) Federal employees who are responsible for FMP development, 
monitoring, and enforcement.

[[Page 58]]

    (3) Personnel within NMFS performing research that requires 
confidential statistics.
    (4) Other NOAA personnel on a demonstrable need-to-know basis.
    (5) NOAA/NMFS contractors or grantees who require access to 
confidential statistics to perform functions authorized by a Federal 
contract or grant.
    (c) State personnel. Upon written request, confidential statistics 
will only be accessible if:
    (1) State employees demonstrate a need for confidential statistics 
for use in fishery conservation and management.
    (2) The state has entered into a written agreement between the 
Assistant Administrator and the head of the state's agency that manages 
marine and/or anadromous fisheries. The agreement shall contain a 
finding by the Assistant Administrator that the state has 
confidentiality protection authority comparable to the Magnuson-Stevens 
Act and that the state will exercise this authority to limit subsequent 
access and use of the data to fishery management and monitoring 
purposes.
    (d) Councils. Upon written request by the Council Executive 
Director, access to confidential data will be granted to:
    (1) Council employees who are responsible for FMP development and 
monitoring.
    (2) A Council for use by the Council for conservation and management 
purposes, with the approval of the Assistant Administrator. In addition 
to the information described in paragraph (a) of this section, the 
Assistant Administrator will consider the following in deciding whether 
to grant access:
    (i) The possibility that Council members might gain personal or 
competitive advantage from access to the data.
    (ii) The possibility that the suppliers of the data would be placed 
at a competitive disadvantage by public disclosure of the data at 
Council meetings or hearings.
    (3) A contractor of the Council for use in such analysis or studies 
necessary for conservation and management purposes, with approval of the 
Assistant Administrator and execution of an agreement with NMFS as 
described by NOAA Administrative Order (NAO) 216-100.
    (e) Prohibitions. Persons having access to these data are prohibited 
from unauthorized use or disclosure and are subject to the provisions of 
18 U.S.C. 1905, 16 U.S.C. 1857, and NOAA/NMFS internal procedures, 
including NAO 216-100.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.420  Control system.

    (a) The Assistant Administrator maintains a control system to 
protect the identity of submitters of statistics required by an FMP. The 
control system:
    (1) Identifies those persons who have access to the statistics.
    (2) Contains procedures to limit access to confidential data to 
authorized users.
    (3) Provides for safeguarding the data.
    (b) This system requires that all persons who have authorized access 
to the data be informed of the confidentiality of the data. These 
persons are required to sign a statement that they:
    (1) Have been informed that the data are confidential.
    (2) Have reviewed and are familiar with the procedures to protect 
confidential statistics.



Sec. 600.425  Release of statistics.

    (a) The Assistant Administrator will not release to the public any 
statistics required to be submitted under an FMP in a form that would 
identify the submitter, except as required by law.
    (b) All requests from the public for statistics submitted in 
response to a requirement of an FMP will be processed consistent with 
the NOAA FOIA regulations (15 CFR part 903), NAO 205-14, Department of 
Commerce Administrative Orders 205-12 and 205-14 and 15 CFR part 4.
    (c) NOAA does not release or allow access to confidential 
information in its possession to members of Council advisory groups, 
except as provided by law.

[[Page 59]]



                        Subpart F_Foreign Fishing



Sec. 600.501  Vessel permits.

    (a) General. (1) Each FFV fishing under the Magnuson-Stevens Act 
must have on board a permit issued under this section, unless it is 
engaged only in recreational fishing.
    (2) Permits issued under this section do not authorize FFV's or 
persons to harass, capture, or kill marine mammals. No marine mammals 
may be taken in the course of fishing unless that vessel has on board a 
currently valid Authorization Certificate under the MMPA. Regulations 
governing the taking of marine mammals incidental to commercial fishing 
operations are contained in 50 CFR part 229 of this title.
    (b) Responsibility of owners and operators. The owners and operators 
of each FFV are jointly and severally responsible for compliance with 
the Magnuson-Stevens Act, the applicable GIFA, this subpart, and any 
permit issued under the Magnuson-Stevens Act and this subpart. The 
owners and operators of each FFV bear civil responsibility for the acts 
of their employees and agents constituting violations, regardless of 
whether the specific acts were authorized or even forbidden by the 
employer or principal, and regardless of knowledge concerning the 
occurrence.
    (c) Activity codes. Permits to fish under this subpart may be issued 
by the Assistant Administrator for the activities described in this 
paragraph, but the permits may be modified by regulations of this 
subpart and by the conditions and restrictions attached to the permit 
(see paragraphs (e)(1)(v) and (l) of this section). The Assistant 
Administrator may issue a permit, as appropriate, for one or more of the 
activity codes listed. Only vessels of nations having a GIFA with the 
United States may be issued permits for activity codes 1 through 9. A 
GIFA is not required for a vessel to be issued a permit for activity 
code 10. The activity codes are described as follows:
    (1) Activity Code 1. Catching, scouting, processing, transshipping, 
and supporting foreign vessels. Activity is limited to fish harvested or 
to be harvested by foreign vessels in the EEZ.
    (2) Activity Code 2. Processing, scouting, transshipping, and 
supporting foreign vessels. Activity is limited to fish harvested or to 
be harvested by foreign vessels in the EEZ.
    (3) Activity Code 3. Transshipping, scouting, and supporting foreign 
vessels. Activity is limited to fish harvested or to be harvested by 
foreign vessels in the EEZ.
    (4) Activity Code 4. Processing, scouting, transshipping, and 
supporting U.S. vessels delivering fish to foreign vessels. Activity is 
limited to the receipt of unprocessed fish harvested or to be harvested 
by U.S. vessels.
    (5) Activity Code 5. Transshipping, scouting, and supporting foreign 
vessels. Transshipment limited to fish received or to be received from 
foreign vessels processing fish from U.S. harvesting vessels.
    (6) Activity Code 6. Transshipping, scouting, and supporting U.S. 
vessels. Transshipment limited to U.S.-harvested fish processed on board 
U.S. vessels.
    (7) Activity Code 7. Processing, transshipping, and supporting 
foreign vessels. Activity limited to fish harvested or to be harvested 
by foreign vessels seaward of the EEZ.
    (8) Activity Code 8. Transshipping and supporting foreign vessels. 
Activity is limited to fish harvested or to be harvested seaward of the 
EEZ by foreign vessels or fish duly authorized for processing in the 
internal waters of one of the states.
    (9) Activity Code 9. Supporting U.S. fishing vessels and U.S. fish 
processing vessels and any foreign fishing vessels authorized under any 
activity code under paragraph (c) of this subpart.
    (10) Activity Code 10. Transshipping at sea for the purpose of 
transporting fish or fish products from a point within the EEZ or, with 
the concurrence of a state, within the boundaries of that state, to a 
point outside the United States.
    (d) Application. (1) Applications for FFV permits authorizing 
activity codes 1 through 9 must be submitted by an official 
representative of a foreign nation to the DOS. Applications for permits 
authorizing activity codes 1 through 9 are available from, and should be 
submitted to, DOS, OES/

[[Page 60]]

OMC, Washington, DC 20520. Applications for FFV permits authorizing 
activity code 10 may be submitted by any person to the Assistant 
Administrator. Applications for permits authorizing activity code 10 are 
available from NMFS, Attn: International Fisheries Division, 1315 East 
West Highway, Silver Spring, Maryland 20910. All applicants should allow 
90 days for review and comment by the public, involved governmental 
agencies, and appropriate Councils and for processing before the 
anticipated date to begin fishing. The permit application fee must be 
paid at the time of application according to Sec. 600.518.
    (2) Applicants must provide complete and accurate information 
requested on the permit application form.
    (3) Applicants for FFV's that will support U.S. vessels in joint 
ventures (Activity Code 4) must provide the additional information 
specified by the permit application form.
    (4) Each applicant may request to substitute one FFV for another of 
the same flag by submitting a new application form and a short 
explanation of the reason for the substitution to the appropriate 
address listed at paragraph (d)(1) of this section. Each substitution is 
considered a new application, and a new application fee must be paid. 
NMFS will promptly process an application for a vessel replacing a 
permitted FFV that is disabled or decommissioned, once the appropriate 
Council(s) and governmental agencies have been notified of the 
substituted application.
    (e) Issuance. (1) Permits may be issued to an FFV by the Assistant 
Administrator after--
    (i) The Assistant Administrator determines that the fishing 
described in the application will meet the requirements of the Magnuson-
Stevens Act and approves the permit application.
    (ii) The applicant has paid the fees and provided any assurances 
required by the Secretary in accordance with the provisions of Sec. 
600.518.
    (iii) The applicant has appointed an agent.
    (iv) The applicant has identified a designated representative.
    (v) The applicant has accepted the general ``conditions and 
restrictions'' of receiving permits, as required by section 204(b)(7) of 
the Magnuson-Stevens Act, and any ``additional restrictions'' attached 
to the permit for the conservation and management of fishery resources 
or for the prevention of significant impairment of the national defense 
or security interests.
    (2) The DOS will provide permits for activity codes 1 through 9 to 
the official representative of the applicant foreign nation. The 
Assistant Administrator will provide permits for activity code 10 
directly to the applicant.
    (3) An approved permit will contain--
    (i) The name and IRCS of the FFV and its permit number.
    (ii) The permitted fisheries and/or activity codes.
    (iii) The date of issuance and expiration date, if other than 
December 31.
    (iv) All conditions and restrictions, and any additional 
restrictions and technical modifications appended to the permit.
    (4) Permits are not issued for boats that are launched from larger 
vessels. Any enforcement action that results from the activities of a 
launched boat will be taken against the permitted vessel.
    (f) Duration. A permit is valid from its date of issuance to its 
date of expiration, unless it is revoked or suspended or the nation 
issuing the FFV's documents does not accept amendments to the permit 
made by the Assistant Administrator in accordance with the procedures of 
paragraph (l) of this section. The permit will be valid for no longer 
than the calendar year in which it was issued.
    (g) Transfer. Permits are not transferable or assignable. A permit 
is valid only for the FFV to which it is issued.
    (h) Display. Each FFV operator must have a properly completed permit 
form available on board the FFV when engaged in fishing activities and 
must produce it at the request of an authorized officer or observer.
    (i) Suspension and revocation. NMFS may apply sanctions to an FFV's 
permit by revoking, suspending, or imposing additional permit 
restrictions on the permit under 15 CFR part 904, if the vessel is 
involved in the commission of any violation of the Magnuson-Stevens Act, 
the GIFA, or this subpart; if an

[[Page 61]]

agent and a designated representative are not maintained in the United 
States; if a civil penalty or criminal fine imposed under the Magnuson-
Stevens Act has become overdue; or as otherwise specified in the 
Magnuson-Stevens Act.
    (j) Fees. Permit application fees are described in Sec. 600.518.
    (k) Change in application information. The applicant must report, in 
writing, any change in the information supplied under paragraph (d) of 
this section to the Assistant Administrator within 15 calendar days 
after the date of the change. Failure to report a change in the 
ownership from that described in the current application within the 
specified time frame voids the permit, and all penalties involved will 
accrue to the previous owner.
    (l) Permit amendments. (1) The Assistant Administrator may amend a 
permit by adding ``additional restrictions'' for the conservation and 
management of fishery resources covered by the permit, or for the 
national defense or security if the Assistant Administrator determines 
that such interests would be significantly impaired without such 
restrictions. Compliance with the added additional restrictions is a 
condition of the permit. Violations of added additional restrictions 
will be treated as violations of this subpart.
    (2) The Assistant Administrator may make proposed additional 
restrictions effective immediately, if necessary, to prevent substantial 
harm to a fishery resource of the United States, to allow for the 
continuation of ongoing fishing operations, or to allow for fishing to 
begin at the normal time for opening of the fishery.
    (3) The Assistant Administrator will send proposed additional 
restrictions to each Nation whose vessels are affected (via the 
Secretary of State), to the appropriate Councils, and to the Commandant 
of the Coast Guard. NMFS will, at the same time, publish a document of 
any significant proposed additional restrictions in the Federal 
Register. The document will include a summary of the reasons underlying 
the proposal, and the reasons that any proposed additional restrictions 
are made effective immediately.
    (4) The Nation whose vessels are involved, the owners of the 
affected vessels, their representatives, the agencies specified in 
paragraph (l)(3) of this section, and the public may submit written 
comments on the proposed additional restrictions within 30 days after 
publication in the Federal Register.
    (5) The Assistant Administrator will make a final decision regarding 
the proposed additional restrictions as soon as practicable after the 
end of the comment period. The Assistant Administrator will provide the 
final additional restrictions to the Nation whose vessels are affected 
(via the Secretary of State) according to the procedures of paragraph 
(e) of this section. The Assistant Administrator will include with the 
final additional restrictions to the Nation, a response to comments 
submitted.
    (6) Additional restrictions may be modified by following the 
procedures of paragraphs (l)(2) through (l)(5) of this section.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39019, July 21, 1999]



Sec. 600.502  Vessel reports.

    (a) The operator of each FFV must report the FFV's activities to the 
USCG and NMFS as specified in this section.
    (b) All reports required by this section must be in English and in 
the formats specified in the permit additions and restrictions. Reports 
must be delivered via private or commercial communications facilities, 
facsimile, or other electronic means acceptable to NMFS and the USCG, 
directly to the appropriate NMFS Region or Center and USCG commander. 
Weekly reports must also be delivered directly to the appropriate NMFS 
Region or Center (see tables 1 and 2 of this section). (The required 
reports may be delivered to the closest USCG communication station as 
indicated in table 3 of this section or other USCG communication station 
only if adequate private or commercial communications facilities have 
not been successfully contacted.) Radio reports must be made via 
radiotelegraphy, Telex, or facsimile where

[[Page 62]]

available. For the purposes of this section, a message is considered 
``transmitted'' when its receipt is acknowledged by a communications 
facility and considered ``delivered'' upon its receipt by the offices of 
the appropriate USCG commander, NMFS Regional Office, or NMFS Center 
identified in table 2 of this section. Reports required by this section 
may be submitted by the vessel's designated representative; however, the 
operator of the FFV is responsible for the correct and timely filing of 
all required reports.
    (c) Activity reports. The operator of each FFV must report the FFV's 
movements and activities before or upon the event, as specified in this 
paragraph (c). Appropriate forms, instructions, codes, and examples are 
contained in the conditions and restrictions of the FFV's permit. Each 
FFV report must contain the following information: The message 
identifier ``VESREP'' to indicate it is a vessel activity report, FFV 
name, international radio call sign IRCS, date (month and day based on 
GMT), time (hour and minute GMT), position (latitude and longitude to 
the nearest degree and minute) where required, area (by fishing area 
code) where required, the appropriate action code, confirmation codes 
where required, and the other information specified in paragraphs (c)(1) 
through (c)(11) of this section.
    (1) ``BEGIN''. Each operator must specify the date, time, position, 
and area the FFV will actually ``BEGIN'' fishing in the EEZ and the 
species (by species code), product (by product code), and quantity of 
all fish and fish products (by product weight to the nearest hundredth 
of a metric ton) on board when entering the EEZ (action code ``BEGIN''). 
The message must be delivered at least 24 hours before the vessel begins 
to fish.
    (2) ``DEPART''. Each operator must specify the date, time, position, 
and area the FFV will ``DEPART'' the EEZ to embark or debark an 
observer, to visit a U.S. port, to conduct a joint venture in internal 
waters, or to otherwise temporarily leave an authorized fishing area, 
but not depart the seaward limit of the EEZ (action code ``DEPART''). 
The message must be transmitted before the FFV departs the present 
fishing area and delivered within 24 hours of its transmittal.
    (3) ``RETURN''. Each operator must specify the date, time, position, 
and area the FFV will ``RETURN'' to the EEZ following a temporary 
departure, and the species (by species code), product (by product code), 
and quantity of all fish and fish products (by product weight to the 
nearest hundredth of a metric ton) on board that were received in a 
joint venture in internal waters (action code ``RETURN''). The message 
must be transmitted before returning to the EEZ and delivered within 24 
hours of its transmittal.
    (4) ``SHIFT''. Each operator must report each SHIFT in fishing area 
(as described for each fishery) by specifying the date, time, and 
position the FFV will start fishing, and the new area (action code 
``SHIFT''). The message must be transmitted before leaving the original 
area and delivered within 24 hours of its transmittal. If a foreign 
vessel operates within 20 nautical miles (37.04 km) of a fishing area 
boundary, its operator may submit in one message the shift reports for 
all fishing area shifts occurring during 1 fishing day (0001-2400 GMT). 
This message must be transmitted prior to the last shift expected to be 
made in the day and delivered within 24 hours of its transmittal.
    (5) ``JV OPS''. Each operator must specify the date, time, position, 
and area at which the FFV will ``START'' joint venture operations 
(action code ``START JV OPS'') or ``END'' joint venture operations 
(action code ``END JV OPS''). These reports must be made in addition to 
other activity reports made under this section. Each message must be 
transmitted before the event and delivered within 24 hours of its 
transmittal.
    (6) ``TRANSFER''. The operator of each FFV that anticipates a 
transshipping operation in which the FFV will receive fish or fisheries 
products must specify the date, time, position and area the FFV will 
conduct the ``TRANSFER'' and the name and IRCS of the other FFV or U.S. 
vessel involved (action code ``TRANSFER''). The report must include the 
permit activity code under which the transfer will be made. The message 
must be transmitted prior to the transfer and

[[Page 63]]

delivered within 24 hours of its transmittal. The movement of raw fish 
from a permitted foreign catching vessel or, under an Activity Code 4, 
from a U.S. fishing vessel to the reporting processing vessel and the 
return of nets or codends is not considered a transfer.
    (7) ``OFFLOADED''. Each operator must specify the date, time, 
position, and area the FFV ``OFFLOADED'' fish or fisheries products TO 
another FFV or a U.S. vessel in a transfer, the other FFV's or U.S. 
vessel's name, IRCS, Permit Activity Code under which the transfer was 
made, species (by species code) and quantity of fish and fisheries 
products (by product code and by product weight, to the nearest 
hundredth of a metric ton) offloaded (action code ``OFFLOADED TO''). The 
message must be transmitted within 12 hours after the transfer is 
completed and delivered within 24 hours of its transmittal and before 
the FFV ceases fishing in the EEZ.
    (8) ``RECEIVED''. Each operator must specify the date, time, 
position and area the vessel ``RECEIVED'' fish or fisheries products 
FROM another FFV in a transfer, the other FFV's or U.S. vessel's name, 
IRCS, Permit Activity Code under which the receipt was made, species (by 
species code) and quantity of fish and fisheries products (by product 
code and by product weight, to the nearest hundredth of a metric ton) 
received (action code ``RECEIVED FROM''). The message must be 
transmitted within 12 hours after the transfer is completed and 
delivered within 24 hours of its transmittal and before the vessel 
ceases fishing in the EEZ.
    (9) ``CEASE''. Each operator must specify the date, time, position, 
and area the FFV will ``CEASE'' fishing in order to leave the EEZ 
(action code ``CEASE''). The message must be delivered at least 24 hours 
before the FFV's departure.
    (10) ``CHANGE''. Each operator must report any ``CHANGE'' TO the 
FFV's operations if the position or time of an event specified in an 
activity report will vary more than 5 nautical miles (9.26 km) or 4 
hours from that previously reported, by sending a revised message 
inserting the word ``CHANGE'' in front of the previous report, repeating 
the name, IRCS, date, and time of the previous report, adding the word 
``TO'' and the complete revised text of the new report (action code 
``CHANGE TO''). Changes to reports specifying an early beginning of 
fishing by an FFV or other changes to reports contained in paragraphs 
(c)(1) through (c)(9) of this section must be transmitted and delivered 
as if the ``CHANGE'' report were the original message.
    (11) ``CANCEL''. Each operator wanting to ``CANCEL'' a previous 
report may do so by sending a revised message, and inserting the word 
``CANCEL'' in front of the previous report's vessel name, IRCS, date, 
time and action code canceled (action code ``CANCEL''). The message must 
be transmitted and delivered prior to the date and time of the event in 
the original message.
    (d) The operator of an FFV will be in violation of paragraphs (c)(1) 
through (c)(9) of this section if the FFV does not pass within 5 
nautical miles (9.26 km) of the position given in the report within 4 
hours of the time given in the report.
    (e) The notices required by this section may be provided for 
individual or groups of FFV's (on a vessel-by-vessel basis) by 
authorized persons. An FFV operator may retransmit reports on the behalf 
of another FFV, if authorized by that FFV's operator. This does not 
relieve the individual vessel operator of the responsibility of filing 
required reports. In these cases, the message format should be modified 
so that each line of text under ``VESREP'' is a separate vessel report.
    (f) Weekly reports. (1) The operator of each FFV in the EEZ must 
submit appropriate weekly reports through the Nation's designated 
representative. The report must arrive at the address and time specified 
in paragraph (g) of this section. The reports may be sent by facsimile 
or Telex, but a completed copy of the report form must be mailed or hand 
delivered to confirm the Telex. Appropriate forms, instructions, codes, 
and examples are contained in the conditions and restrictions of the 
FFV's permit. Designated representatives may include more than one 
vessel report in a facsimile or Telex message, if

[[Page 64]]

the information is submitted on a vessel-by-vessel basis. Requests for 
corrections to previous reports must be submitted through the Nation's 
designated representative and mailed or hand-delivered, together with a 
written explanation of the reasons for the errors. The appropriate 
Regional Administrator or Science and Research Director may accept or 
reject any correction and initiate any appropriate civil penalty 
actions.
    (2) Weekly catch report (CATREP). The operator of each FFV must 
submit a weekly catch report stating any catch (Activity Code 1) in 
round weight of each species or species group allocated to that Nation 
by area and days fished in each area for the weekly period Sunday 
through Saturday, GMT, as modified by the fishery in which the FFV is 
engaged. Foreign vessels delivering unsorted, unprocessed fish to a 
processing vessel are not required to submit CATREP's, if that 
processing vessel (Activity Code 2) submits consolidated CATREP's for 
all fish received during each weekly period. No report is required for 
FFV's that do not catch or receive foreign-caught fish during the 
reporting period.
    (3) Weekly receipts report (RECREP). The operator of each FFV must 
submit a weekly report stating any receipts of U.S.-harvested fish in a 
joint venture (Activity Code 4) for the weekly period Sunday through 
Saturday, GMT, as modified by the fishery in which the FFV is engaged, 
for each fishing area, by authorized or prohibited species or species 
group; days fish received; round weight retained or returned to the U.S. 
fishing vessel; number of codends received; and number of vessels 
transferring codends. The report must also include the names of U.S. 
fishing vessels transferring codends during the week. No report is 
required for FFV's that do not receive any U.S.-harvested fish during 
the reporting period.
    (4) Marine mammal report (MAMREP). The operator of each FFV must 
submit a weekly report stating any incidental catch or receipt of marine 
mammals (Activity Codes 1 or 2 and/or 4), the geographical position 
caught, the condition of the animal, number caught (if more than one of 
the same species and condition), and nationality of the catching vessel 
for the period Sunday through Saturday, GMT, as modified by the fishery 
in which the vessel is engaged. Foreign catching vessels delivering 
unsorted, unprocessed fish to processing vessel are not required to 
submit MAMREP's, provided that the processing or factory vessel 
(Activity Code 2) submits consolidated MAMREP's for all fish received 
during each weekly period. FFV's receiving U.S.-harvested fish in a 
joint venture (Activity Code 4) must submit consolidated reports for 
U.S. vessels operating in the joint venture. No report is required for 
FFV's that do not catch or receive marine mammals during the reporting 
period.
    (g) Submission instructions for weekly reports. The designated 
representative for each FFV must submit weekly reports in the prescribed 
format to the appropriate Regional Administrator or Science and Research 
Director of NMFS by 1900 GMT on the Wednesday following the end of the 
reporting period. However, by agreement with the appropriate Regional 
Administrator or Science and Research Director, the designated 
representative may submit weekly reports to some other facility of NMFS.
    (h) Alternative reporting procedures. As an alternative to the use 
of the specific procedures provided, an applicant may submit proposed 
reporting procedures for a general type of fishery operation (i.e., 
transshipments under Activity Code 10) to the appropriate Regional 
Administrator and the USCG commander (see tables 1 and 2 to Sec. 
600.502 of this chapter). With the agreement of the USCG commander, the 
Regional Administrator may authorize the use of alternative reporting 
procedures.

[[Page 65]]



                  Table 1 to Sec.  600.502--Addresses
------------------------------------------------------------------------
                                NMFS science and      U.S. Coast Guard
NMFS regional administrators   research directors        commanders
------------------------------------------------------------------------
Administrator, Northeast      Director, Northeast   Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, 431 Crawford
 One Blackburn Drive,          Marine Fisheries      St., Portsmouth, VA
 Gloucester, MA 01930-2298.    Service, NOAA, 166    23704.
                               Water St., Woods
                               Hole, MA 02543-1097.
Administrator, Southeast      Director, Southeast   Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, 9721       Center, National      Guard, Governor's
 Exec. Center Drive N., St.    Marine Fisheries      Island, New York
 Petersburg, FL 33702.         Service, NOAA, 75     10004.
                               Virginia Beach
                               Drive, Miami, FL
                               33149-1003.
Administrator, Northwest      Director, Northwest   Commander, Pacific
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, Government
 7600 Sand Point Way, NE,      Marine Fisheries      Island, Alameda, CA
 BIN C15700, Bldg. 1,          Service, NOAA, 2725   94501.
 Seattle, WA 98115.            Montlake Blvd.
                               East, Seattle, WA
                               98112-2097.
Administrator, Alaska         Director, Alaska      Commander,
 Region, National Marine       Fisheries Science     Seventeenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District,
 P.O. Box 21668, Juneau, AK    Marine Fisheries      P.O. Box 25517,
 99802-1668.                   Service, NOAA, 7600   Juneau, AK 99802.
                               Sand Point Way, NE,
                               BIN C15700, Bldg.
                               4, Seattle, WA
                               98115-0070.
Administrator, Southwest      Director, Southwest   Commander,
 Region, National Marine       Fisheries Science     Fourteenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District, 300
 501 West Ocean Blvd., Suite   Marine Fisheries      Ala Moana Blvd.,
 4200, Long Beach, CA 90802-   Service, NOAA, P.O.   Honolulu, HI 96850.
 4213.                         Box 271, La Jolla,
                               CA 92038-0271.
Administrator, Pacific        Director, Pacific     Commander,
 Islands Region, National      Islands Fisheries     Fourteenth Coast
 Marine Fisheries Service,     Science Center,       Guard District, 300
 NOAA, 1601 Kapiolani Blvd.,   National Marine       Ala Moana Blvd.,
 Suite 1110, Honolulu, HI      Fisheries Service,    Honolulu, HI 96850.
 96814.                        NOAA, 2570 Dole
                               Street, Honolulu,
                               HI 96822.
------------------------------------------------------------------------


   Table 2 to Sec.  600.502--Areas of Responsibility of NMFS and U.S.
                           Coast Guard Offices
------------------------------------------------------------------------
   Area of responsibility/       National Marine
           fishery              Fisheries Service     U.S. Coast Guard
------------------------------------------------------------------------
Atlantic Ocean North of Cape  Director, Northeast   Commander, Atlantic
 Hatteras.                     Science Center,       Area.
                               Attn: Observer
                               Program.
Atlantic Ocean South of Cape  Director, Northeast   Commander, Atlantic
 Hatteras.                     Science Center,       Area.
                               Attn: Observer
                               Program.
Atlantic Tunas, Swordfish,    Director, Office of   Commander, Atlantic
 Billfish and Sharks.          Sustainable           Area.
                               Fisheries.
Gulf of Mexico and Caribbean  Administrator,        Commander, Atlantic
 Sea.                          Southeast Region.     Area.
Pacific Ocean off the States  Administrator,        Commander, Pacific
 of California, Oregon, and    Northwest Region.     Area.
 Washington.
North Pacific Ocean and       Administrator,        Commander,
 Bering Sea off Alaska.        Alaska Region.        Seventeenth Coast
                                                     Guard District.
Pacific Ocean off Hawaii,     Administrator,        Commander,
 American Samoa, Guam,         Pacific Islands       Fourteenth Coast
 Commonwealth of the           Region.               Guard District.
 Northern Mariana Islands,
 and U.S. Insular
 Possessions in the Central
 and Western Pacific.
------------------------------------------------------------------------


               Table 3 to Sec.  600.502--U.S. Coast Guard Communications Stations and Frequencies
----------------------------------------------------------------------------------------------------------------
                                                                    Radiotelephone
   U.S. Coast Guard communications   ---------------------------------------------------------------------------
               station                         IRCS                 Channel \1\                GMT time
----------------------------------------------------------------------------------------------------------------
Boston..............................  NMF                     A-E                     2330-1100.
                                      ......................  B,C                     All.
                                      ......................  D                       1100-2330.
                                      ......................  E                       (On request).
CAMSLANT Chesapeake (Portsmouth, VA)  NMN                     A                       2330-1100.
                                      ......................  B,C                     All.
                                      ......................  D                       1100-2330.
                                      ......................  E                       (On request).
New Orleans.........................  NMG                     A                       2330-1100.
                                      ......................  B,C                     All.
                                      ......................  D                       1100-2330.
                                      ......................  E                       (On request).
CAMSPAC Point Reyes (San Francisco,   NMC                     A-D                     All.
 CA).
                                      ......................  E                       (On request).
Honolulu............................  NMO                     A-D                     All.
                                      ......................  E                       (On request).
Kodiak..............................  NOJ                     A-D                     All.

[[Page 66]]

 
                                      ......................  E                       (On request).
----------------------------------------------------------------------------------------------------------------
\1\ Carrier frequencies of duplex, high-frequency single-sideband channels are:


------------------------------------------------------------------------
              Letter                  Shore transmit     Ship transmit
------------------------------------------------------------------------
A.................................             4426.0             4134.0
B.................................             6501.0             6200.0
C.................................             8764.0             8240.0
D.................................            13089.0            12242.0
E.................................            17314.0            16432.0
------------------------------------------------------------------------


[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 
FR 39020, July 21, 1999; 69 FR 8341, Feb. 24, 2004]



Sec. 600.503  Vessel and gear identification.

    (a) Vessel identification. (1) The operator of each FFV assigned an 
IRCS must display that call sign amidships on both the port and 
starboard sides of the deckhouse or hull, so that it is visible from an 
enforcement vessel, and on an appropriate weather deck so it is visible 
from the air.
    (2) The operator of each FFV not assigned an IRCS, such as a small 
trawler associated with a mothership or one of a pair of trawlers, must 
display the IRCS of the associated vessel, followed by a numerical 
suffix. (For example, JCZM-1, JCZM-2, etc., would be displayed on small 
trawlers not assigned an IRCS operating with a mothership whose IRCS is 
JCZM; JANP-1 would be displayed by a pair trawler not assigned an IRCS 
operating with a trawler whose IRCS is JANP.)
    (3) The vessel identification must be in a color in contrast to the 
background and must be permanently affixed to the FFV in block Roman 
alphabet letters and Arabic numerals at least 1 m in height for FFV's 
over 20 m in length, and at least 0.5 m in height for all other FFV's.
    (b) Navigational lights and shapes. Each FFV must display the lights 
and shapes prescribed by the International Regulations for Preventing 
Collisions at Sea, 1972 (TIAS 8587, and 1981 amendment TIAS 10672), for 
the activity in which the FFV is engaged (as described at 33 CFR part 
81).
    (c) Gear identification. (1) The operator of each FFV must ensure 
that all deployed fishing gear that is not physically and continuously 
attached to an FFV:
    (i) Is clearly marked at the surface with a buoy displaying the 
vessel identification of the FFV (see paragraph (a) of this section) to 
which the gear belongs.
    (ii) Has attached a light visible for 2 nautical miles (3.70 km) at 
night in good visibility.
    (iii) Has a radio buoy.
    Trawl codends passed from one vessel to another are considered 
continuously attached gear and are not required to be marked.
    (2) The operator of each FFV must ensure that deployed longlines, 
strings of traps or pots, and gillnets are marked at the surface at each 
terminal end with: (see paragraphs (c)(1)(i) through (c)(1)(iii) of this 
section).
    (3) Additional requirements may be specified for the fishery in 
which the vessel is engaged.
    (4) Unmarked or incorrectly identified fishing gear may be 
considered abandoned and may be disposed of in accordance with 
applicable Federal regulations by any authorized officer.
    (d) Maintenance. The operator of each FFV must--
    (1) Keep the vessel and gear identification clearly legible and in 
good repair.
    (2) Ensure that nothing on the FFV obstructs the view of the 
markings from an enforcement vessel or aircraft.

[[Page 67]]

    (3) Ensure that the proper navigational lights and shapes are 
displayed for the FFV's activity and are properly functioning.



Sec. 600.504  Facilitation of enforcement.

    (a) General. (1) The owner, operator, or any person aboard any FFV 
subject to this subpart must immediately comply with instructions and 
signals issued by an authorized officer to stop the FFV; to move the FFV 
to a specified location; and to facilitate safe boarding and inspection 
of the vessel, its gear, equipment, records, and fish and fish products 
on board for purposes of enforcing the Magnuson-Stevens Act and this 
subpart.
    (2) The operator of each FFV must provide vessel position or other 
information when requested by an authorized officer within the time 
specified in the request.
    (b) Communications equipment. (1) Each FFV must be equipped with a 
VHF-FM radiotelephone station located so that it may be operated from 
the wheelhouse. Each operator must maintain a continuous listening watch 
on channel 16 (156.8 mHz).
    (2) Each FFV must be equipped with a radiotelephone station capable 
of communicating via 2182 kHz (SSB) radiotelephony and at least one set 
of working frequencies identified in table 3 to Sec. 600.502 
appropriate to the fishery in which the FFV is operating. Each operator 
must monitor and be ready to communicate via 2182 kHz (SSB) 
radiotelephone each day from 0800 GMT to 0830 GMT and 2000 to 2030 GMT, 
and in preparation for boarding.
    (3) FFV's that are not equipped with processing facilities and that 
deliver all catches to a foreign processing vessel are exempt from the 
requirements of paragraph (b)(2) of this section.
    (4) FFV's with no IRCS that do not catch fish and are used as 
auxiliary vessels to handle codends, nets, equipment, or passengers for 
a processing vessel are exempt from the requirements of paragraphs 
(b)(1) and (b)(2) of this section.
    (5) The appropriate Regional Administrator, with the agreement of 
the appropriate USCG commander, may, upon request by a foreign nation, 
accept alternatives to the radio requirements of this section to certain 
FFV's or types of FFV's operating in a fishery, provided they are 
adequate for the communications needs of the fishery.
    (c) Communications procedures. (1) Upon being approached by a USCG 
vessel or aircraft, or other vessel or aircraft with an authorized 
officer aboard, the operator of any FFV subject to this subpart must be 
alert for communications conveying enforcement instructions. The 
enforcement unit may communicate by channel 16 VHF-FM radiotelephone, 
2182 kHz (SSB) radiotelephone, message block from an aircraft, flashing 
light or flag signals from the International Code of Signals, hand 
signal, placard, loudhailer, or other appropriate means. The following 
signals, extracted from the International Code of Signals, are among 
those that may be used.
    (i) ``AA, AA, AA, etc.'', which is the call for an unknown station. 
The signaled vessel should respond by identifying itself or by 
illuminating the vessel identification required by Sec. 600.505.
    (ii) ``RY-CY'', meaning ``You should proceed at slow speed, a boat 
is coming to you''.
    (iii) ``SQ3'', meaning ``You should stop or heave to; I am going to 
board you''.
    (iv) ``L'', meaning ``You should stop your vessel instantly.''
    (2) Failure of an FFV's operator to stop the vessel when directed to 
do so by an authorized officer using VHF-FM radiotelephone (channel 16), 
2182 kHz (SSB) radiotelephone (where required), message block from an 
aircraft, flashing light signal, flaghoist, or loudhailer constitutes a 
violation of this subpart.
    (3) The operator of or any person aboard an FFV who does not 
understand a signal from an enforcement unit and who is unable to obtain 
clarification by radiotelephone or other means must consider the signal 
to be a command to stop the FFV instantly.
    (d) Boarding. The operator of an FFV signaled for boarding must--
    (1) Monitor 2182 kHz (SSB) radiotelephone and channel 16 (156.8 mHz) 
VHF-FM radiotelephone.
    (2) Stop immediately and lay to or maneuver in such a way as to 
maintain the safety of the FFV and facilitate

[[Page 68]]

boarding by the authorized officer and the boarding party or an 
observer.
    (3) Provide the authorized officer, boarding party, or observer a 
safe pilot ladder. The operator must ensure the pilot ladder is securely 
attached to the FFV and meets the construction requirements of 
Regulation 17, Chapter V of the International Convention for the Safety 
of Life at Sea (SOLAS), 1974 (TIAS 9700 and 1978 Protocol, TIAS 10009), 
or a substantially equivalent national standard approved by letter from 
the Assistant Administrator, with agreement with the USCG. Safe pilot 
ladder standards are summarized below:
    (i) The ladder must be of a single length of not more than 9 m (30 
ft), capable of reaching the water from the point of access to the FFV, 
accounting for all conditions of loading and trim of the FFV and for an 
adverse list of 15[deg]. Whenever the distance from sea level to the 
point of access to the ship is more than 9 m (30 ft), access must be by 
means of an accommodation ladder or other safe and convenient means.
    (ii) The steps of the pilot ladder must be--
    (A) Of hardwood, or other material of equivalent properties, made in 
one piece free of knots, having an efficient non-slip surface; the four 
lowest steps may be made of rubber of sufficient strength and stiffness 
or of other suitable material of equivalent characteristics.
    (B) Not less than 480 mm (19 inches) long, 115 mm (4.5 inches) wide, 
and 25 mm (1 inch) in depth, excluding any non-slip device.
    (C) Equally spaced not less than 300 millimeters (12 inches) nor 
more than 380 mm (15 inches) apart and secured in such a manner that 
they will remain horizontal.
    (iii) No pilot ladder may have more than two replacement steps that 
are secured in position by a method different from that used in the 
original construction of the ladder.
    (iv) The side ropes of the ladder must consist of two uncovered 
manila ropes not less than 60 mm (2.25 inches) in circumference on each 
side (or synthetic ropes of equivalent size and equivalent or greater 
strength). Each rope must be continuous, with no joints below the top 
step.
    (v) Battens made of hardwood, or other material of equivalent 
properties, in one piece and not less than 1.80 m (5 ft 10 inches) long 
must be provided at such intervals as will prevent the pilot ladder from 
twisting. The lowest batten must be on the fifth step from the bottom of 
the ladder and the interval between any batten and the next must not 
exceed nine steps.
    (vi) Where passage onto or off the ship is by means of a bulwark 
ladder, two handhold stanchions must be fitted at the point of boarding 
or leaving the FFV not less than 0.70 m (2 ft 3 inches) nor more than 
0.80 m (2 ft 7 inches) apart, not less than 40 mm (2.5 inches) in 
diameter, and must extend not less than 1.20 m (3 ft 11 inches) above 
the top of the bulwark.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope, safety line, and 
illumination for the ladder; and
    (5) Take such other actions as necessary to ensure the safety of the 
authorized officer and the boarding party and to facilitate the boarding 
and inspection.
    (e) Access and records. (1) The owner and operator of each FFV must 
provide authorized officers access to all spaces where work is conducted 
or business papers and records are prepared or stored, including but not 
limited to, personal quarters and areas within personal quarters.
    (2) The owner and operator of each FFV must provide to authorized 
officers all records and documents pertaining to the fishing activities 
of the vessel, including but not limited to, production records, fishing 
logs, navigation logs, transfer records, product receipts, cargo stowage 
plans or records, draft or displacement calculations, customs documents 
or records, and an accurate hold plan reflecting the current structure 
of the vessel's storage and factory spaces.
    (f) Product storage. The operator of each permitted FFV storing fish 
or fish products in a storage space must ensure that all non-fish 
product items are neither stowed beneath nor covered by

[[Page 69]]

fish products, unless required to maintain the stability and safety of 
the vessel. These items include, but are not limited to, portable 
conveyors, exhaust fans, ladders, nets, fuel bladders, extra bin boards, 
or other movable non-product items. These items may be in the space when 
necessary for safety of the vessel or crew or for storage of the 
product. Lumber, bin boards, or other dunnage may be used for shoring or 
bracing of product to ensure safety of crew and to prevent shifting of 
cargo within the space.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.505  Prohibitions.

    (a) It is unlawful for any person to do any of the following:
    (1) Ship, transport, offer for sale, sell, purchase, import, export, 
or have custody, control, or possession of any fish taken or retained in 
violation of the Magnuson-Stevens Act, the applicable GIFA, this 
subpart, or any permit issued under this subpart;
    (2) Refuse to allow an authorized officer to board an FFV for 
purposes of conducting any search or inspection in connection with the 
enforcement of the Magnuson-Stevens Act, the applicable GIFA, this 
subpart, or any other permit issued under this subpart;
    (3) Assault, resist, oppose, impede, intimidate, or interfere with 
any authorized officer in the conduct of any inspection or search 
described in paragraph (a)(2) of this section;
    (4) Resist a lawful arrest for any act prohibited by the Magnuson-
Stevens Act, the applicable GIFA, this subpart, or any permit issued 
under this subpart;
    (5) Interfere with, delay, or prevent by any means the apprehension 
or arrest of another person with the knowledge that such other person 
has committed any act prohibited by the Magnuson-Stevens Act, the 
applicable GIFA, this subpart, or any permit issued under this subpart;
    (6) Interfere with, obstruct, delay, oppose, impede, intimidate, or 
prevent by any means any boarding, investigation or search, wherever 
conducted, in the process of enforcing the Magnuson-Stevens Act, the 
applicable GIFA, this subpart, or any permit issued under this subpart;
    (7) Engage in any fishing activity for which the FFV does not have a 
permit as required under Sec. 600.501;
    (8) Engage in any fishing activity within the EEZ without a U.S. 
observer aboard the FFV, unless the requirement has been waived by the 
Assistant Administrator or appropriate Regional Administrator;
    (9) Retain or attempt to retain, directly or indirectly, any U.S. 
harvested fish, unless the FFV has a permit for Activity Codes 4, 6, or 
10;
    (10) Use any fishing vessel to engage in fishing after the 
revocation, or during the period of suspension, of an applicable permit 
issued under this subpart;
    (11) Violate any provision of the applicable GIFA;
    (12) Falsely or incorrectly complete (including by omission) a 
permit application or permit form as specified in Sec. 600.501 (d) and 
(k);
    (13) Fail to report to the Assistant Administrator within 15 days 
any change in the information contained in the permit application for a 
FFV, as specified in Sec. 600.501(k);
    (14) Assault, resist, oppose, impede, intimidate, or interfere with 
an observer placed aboard an FFV under this subpart;
    (15) Interfere with or bias the sampling procedure employed by an 
observer, including sorting or discarding any catch prior to sampling, 
unless the observer has stated that sampling will not occur; or tamper 
with, destroy, or discard an observer's collected samples, equipment, 
records, photographic film, papers, or effects without the express 
consent of the observer;
    (16) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from collecting samples, 
conducting product recovery rate determinations, making observations, or 
otherwise performing the observer's duties;
    (17) Harass or sexually harass an authorized officer or observer;
    (18) Fail to provide the required assistance to an observer as 
described at Sec. 600.506 (c) and (e);
    (19) Fail to identify, falsely identify, fail to properly maintain, 
or obscure

[[Page 70]]

the identification of the FFV or its gear as required by this subpart;
    (20) Falsify or fail to make, keep, maintain, or submit any record 
or report required by this subpart;
    (21) Fail to return to the sea or fail to otherwise treat prohibited 
species as required by this subpart;
    (22) Fail to report or falsely report any gear conflict;
    (23) Fail to report or falsely report any loss, jettisoning, or 
abandonment of fishing gear or other article into the EEZ that might 
interfere with fishing, obstruct fishing gear or vessels, or cause 
damage to any fishery resource or marine mammals;
    (24) Continue Activity Codes 1 through 4 after those activity codes 
have been canceled under Sec. 600.511;
    (25) Fail to maintain health and safety standards set forth in Sec. 
600.506(d);
    (26) Violate any provisions of regulations for specific fisheries of 
this subpart;
    (27) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state, territorial, or 
Federal regulations;
    (28) Violate any provision of this subpart, the Magnuson-Stevens 
Act, the applicable GIFA, any notice issued under this subpart or any 
permit issued under this subpart; or
    (29) Attempt to do any of the foregoing.
    (b) It is unlawful for any FFV, and for the owner or operator of any 
FFV except an FFV engaged only in recreational fishing, to fish--
    (1) Within the boundaries of any state, unless:
    (i) The fishing is authorized by the Governor of that state as 
permitted by section 306(c) of the Magnuson-Stevens Act to engage in a 
joint venture for processing and support with U.S. fishing vessels in 
the internal waters of that state; or
    (ii) The fishing is authorized by, and conducted in accordance with, 
a valid permit issued under Sec. 600.501, and the Governor of that 
state has indicated concurrence to allow fishing consisting solely of 
transporting fish or fish products from a point within the boundaries of 
that state to a point outside the United States; or
    (2) Within the EEZ, or for any anadromous species or continental 
shelf fishery resources beyond the EEZ, unless the fishing is authorized 
by, and conducted in accordance with, a valid permit issued under Sec. 
600.501.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39020, July 21, 1999]



Sec. 600.506  Observers.

    (a) General. To carry out such scientific, compliance monitoring, 
and other functions as may be necessary or appropriate to carry out the 
purposes of the Magnuson-Stevens Act, the appropriate Regional 
Administrator or Science and Research Director (see table 2 to Sec. 
600.502) may assign U.S. observers to FFV's. Except as provided for in 
section 201(h)(2) of the Magnuson-Stevens Act, no FFV may conduct 
fishing operations within the EEZ unless a U.S. observer is aboard.
    (b) Effort plan. To ensure the availability of an observer as 
required by this section, the owners and operators of FFV's wanting to 
fish within the EEZ will submit to the appropriate Regional 
Administrator or Science and Research Director and also to the Chief, 
Financial Services Division, NMFS, 1315 East West Highway, Silver 
Spring, MD 20910 a schedule of fishing effort 30 days prior to the 
beginning of each quarter. A quarter is a time period of 3 consecutive 
months beginning January 1, April 1, July 1, and October 1 of each year. 
The schedule will contain the name and IRCS of each FFV intending to 
fish within the EEZ during the upcoming quarter, and each FFV's expected 
date of arrival and expected date of departure.
    (1) The appropriate Regional Administrator or Science and Research 
Director must be notified immediately of any substitution of vessels or 
any cancellation of plans to fish in the EEZ for FFV's listed in the 
effort plan required by this section.
    (2) If an arrival date of an FFV will vary more than 5 days from the 
date listed in the quarterly schedule, the appropriate Regional 
Administrator or Science and Research Director must be notified at least 
10 days in advance of the rescheduled date of arrival. If the notice 
required by this paragraph (b)(2)

[[Page 71]]

is not given, the FFV may not engage in fishing until an observer is 
available and has been placed aboard the vessel or the requirement has 
been waived by the appropriate Regional Administrator or Science and 
Research Director.
    (c) Assistance to observers. To assist the observer in the 
accomplishment of his or her assigned duties, the owner and operator of 
an FFV to which an observer is assigned must--
    (1) Provide, at no cost to the observer or the United States, 
accommodations for the observer aboard the FFV that are equivalent to 
those provided to the officers of that vessel.
    (2) Cause the FFV to proceed to such places and at such times as may 
be designated by the appropriate Regional Administrator or Science and 
Research Director for the purpose of embarking and debarking the 
observer.
    (3) Allow the observer to use the FFV's communications equipment and 
personnel upon demand for the transmission and receipt of messages.
    (4) Allow the observer access to and use of the FFV's navigation 
equipment and personnel upon demand to determine the vessel's position.
    (5) Allow the observer free and unobstructed access to the FFV's 
bridge, trawl, or working decks, holding bins, processing areas, freezer 
spaces, weight scales, cargo holds and any other space that may be used 
to hold, process, weigh, or store fish or fish products at any time.
    (6) Allow the observer to inspect and copy the FFV's daily log, 
communications log, transfer log, and any other log, document, notice, 
or record required by these regulations.
    (7) Provide the observer copies of any records required by these 
regulations upon demand.
    (8) Notify the observer at least 15 minutes before fish are brought 
on board or fish or fish products are transferred from the FFV to allow 
sampling the catch or observing the transfer, unless the observer 
specifically requests not to be notified.
    (9) Provide all other reasonable assistance to enable the observer 
to carry out his or her duties.
    (d) Health and safety standards. All foreign fishing vessels to 
which an observer is deployed must maintain, at all times that the 
vessel is in the EEZ, the following:
    (1) At least one working radar.
    (2) Functioning navigation lights as required by international law.
    (3) A watch on the bridge by appropriately trained and experienced 
personnel while the vessel is underway.
    (4) Lifeboats and/or inflatable life rafts with a total carrying 
capacity equal to or greater than the number of people aboard the 
vessel. Lifeboats and inflatable life rafts must be maintained in good 
working order and be readily available.
    (5) Life jackets equal or greater in number to the total number of 
persons aboard the vessel. Life jackets must be stowed in readily 
accessible and plainly marked positions throughout the vessel, and 
maintained in a state of good repair.
    (6) At least one ring life buoy for each 25 ft (7.6 m) of vessel 
length, equipped with automatic water lights. Ring life buoys must have 
an outside diameter of not more than 32 inches (81.3 cm) nor less than 
30 inches (76.2 cm), and must be maintained in a state of good repair. 
Ring life buoys must be readily available, but not positioned so they 
pose a threat of entanglement in work areas. They must be secured in 
such a way that they can be easily cast loose in the event of an 
emergency.
    (7) At least one VHF-FM radio with a functioning channel 16 (156.8 
mHz), International Distress, Safety and Calling Frequency, and one 
functioning AM radio (SSB-Single Side Band) capable of operating at 2182 
kHz (SSB). Radios will be maintained in a radio room, chartroom, or 
other suitable location.
    (8) At least one Emergency Position Indicating Radio Beacon (EPIRB), 
approved by the USCG for offshore commercial use, stowed in a location 
so as to make it readily available in the event of an emergency.
    (9) At least six hand-held, rocket-propelled, parachute, red-flare 
distress signals, and three orange-smoke distress signals stowed in the 
pilothouse or navigation bridge in portable watertight containers.
    (10) All lights, shapes, whistles, foghorns, fog bells and gongs 
required by and maintained in accordance with

[[Page 72]]

the International Regulations for Preventing Collisions at Sea.
    (11) Clean and sanitary conditions in all living spaces, food 
service and preparation areas and work spaces aboard the vessel.
    (e) Observer transfers. (1) The operator of the FFV must ensure that 
transfers of observers at sea via small boat or raft are carried out 
during daylight hours as weather and sea conditions allow, and with the 
agreement of the observer involved. The FFV operator must provide the 
observer 3 hours advance notice of at-sea transfers, so that the 
observer may collect personal belongings, equipment, and scientific 
samples.
    (2) The FFV's involved must provide a safe pilot ladder and conduct 
the transfer according to the procedures of Sec. 600.504(d) to ensure 
the safety of the during the transfer.
    (3) An experienced crew member must assist the observer in the small 
boat or raft in which the transfer is made.
    (f) Supplementary observers. In the event funds are not available 
from Congressional appropriations of fees collected to assign an 
observer to a foreign fishing vessel, the appropriate Regional 
Administrator or Science and Research Director will assign a 
supplementary observer to that vessel. The costs of supplementary 
observers will be paid for by the owners and operators of foreign 
fishing vessels as provided for in paragraph (h) of this section.
    (g) Supplementary observer authority and duties. (1) A supplementary 
observer aboard a foreign fishing vessel has the same authority and must 
be treated in all respects as an observer who is employed by NMFS, 
either directly or under contract.
    (2) The duties of supplementary observers and their deployment and 
work schedules will be specified by the appropriate Regional 
Administrator or Science and Research Director.
    (3) All data collected by supplementary observers will be under the 
exclusive control of the Assistant Administrator.
    (h) Supplementary observer payment--(1) Method of payment. The 
owners and operators of foreign fishing vessels must pay directly to the 
contractor the costs of supplementary observer coverage. Payment must be 
made to the contractor supplying supplementary observer coverage either 
by letter of credit or certified check drawn on a federally chartered 
bank in U.S. dollars, or other financial institution acceptable to the 
contractor. The letter of credit used to pay supplementary observer fees 
to contractors must be separate and distinct from the letter of credit 
required by Sec. 600.518(b)(2). Billing schedules will be specified by 
the terms of the contract between NOAA and the contractors. Billings for 
supplementary observer coverage will be approved by the appropriate 
Regional Administrator or Science and Research Director and then 
transmitted to the owners and operators of foreign fishing vessels by 
the appropriate designated representative. Each country will have only 
one designated representative to receive observer bills for all vessels 
of that country, except as provided for by the Assistant Administrator. 
All bills must be paid within 10 working days of the billing date. 
Failure to pay an observer bill will constitute grounds to revoke 
fishing permits. All fees collected under this section will be 
considered interim in nature and subject to reconciliation at the end of 
the fiscal year in accordance with paragraph (h)(4) of this section and 
Sec. 600.518(d).
    (2) Contractor costs. The costs charged for supplementary observer 
coverage to the owners and operators of foreign fishing vessels may not 
exceed the costs charged to NMFS for the same or similar services, 
except that contractors may charge to the owners and operators of 
foreign fishing vessels an additional fee to cover the administrative 
costs of the program not ordinarily part of contract costs charged to 
NMFS. The costs charged foreign fishermen for supplementary observers 
may include, but are not limited to the following:
    (i) Salary and benefits, including overtime, for supplementary 
observers.
    (ii) The costs of post-certification training required by paragraph 
(j)(2) of this section.
    (iii) The costs of travel, transportation, and per diem associated 
with deploying supplementary observers to foreign fishing vessels 
including the

[[Page 73]]

cost of travel, transportation, and per diem from the supplementary 
observer's post of duty to the point of embarkation to the foreign 
fishing vessel, and then from the point of disembarkation to the post of 
duty from where the trip began. For the purposes of these regulations, 
the appropriate Regional Administrator or Science and Research Director 
will designate posts of duty for supplementary observers.
    (iv) The costs of travel, transportation, and per diem associated 
with the debriefing following deployment of a supplementary observer by 
NMFS officials.
    (v) The administrative and overhead costs incurred by the contractor 
and, if appropriate, a reasonable profit.
    (3) NMFS costs. The owners and operators of foreign fishing vessels 
must also pay to NMFS as part of the surcharge required by section 
201(i)(4) of the Magnuson-Stevens Act, the following costs:
    (i) The costs of certifying applicants for the position of 
supplementary observer.
    (ii) The costs of any equipment, including safety equipment, 
sampling equipment, operations manuals, or other texts necessary to 
perform the duties of a supplementary observer. The equipment will be 
specified by the appropriate Regional Administrator or Science and 
Research Director according to the requirements of the fishery to which 
the supplementary observer will be deployed.
    (iii) The costs associated with communications with supplementary 
observers for transmission of data and routine messages.
    (iv) For the purposes of monitoring the supplementary observer 
program, the costs for the management and analysis of data.
    (v) The costs for data editing and entry.
    (vi) Any costs incurred by NMFS to train, deploy or debrief a 
supplementary observer.
    (vii) The cost for U.S. Customs inspection for supplementary 
observers disembarking after deployment.
    (4) Reconciliation. Fees collected by the contractor in excess of 
the actual costs of supplementary observer coverage will be refunded to 
the owners and operators of foreign fishing vessels, or kept on deposit 
to defray the costs of future supplementary observer coverage. Refunds 
will be made within 60 days after final costs are determined and 
approved by NMFS.
    (i) Supplementary observer contractors--(1) Contractor eligibility. 
Supplementary observers will be obtained by NMFS from persons or firms 
having established contracts to provide NMFS with observers. In the 
event no such contract is in place, NMFS will use established, 
competitive contracting procedures to select persons or firms to provide 
supplementary observers. The services supplied by the supplementary 
observer contractors will be as described within the contract and as 
specified below.
    (2) Supplementary observer contractors must submit for the approval 
of the Assistant Administrator the following:
    (i) A copy of any contract, including all attachments, amendments, 
and enclosures thereto, between the contractor and the owners and 
operators of foreign fishing vessels for whom the contractor will 
provide supplementary observer services.
    (ii) All application information for persons whom the contractor 
desires to employ as certified supplementary observers.
    (iii) Billing schedules and billings to the owners and operators of 
foreign fishing vessels for further transmission to the designated 
representative of the appropriate foreign nation.
    (iv) All data on costs.
    (j) Supplementary observers--certification, training--(1) 
Certification. The appropriate Regional Administrator or Science and 
Research Director will certify persons as qualified for the position of 
supplementary observer once the following conditions are met:
    (i) The candidate is a citizen or national of the United States.
    (ii) The candidate has education or experience equivalent to the 
education or experience required of persons used as observers by NMFS as 
either Federal personnel or contract employees. The education and 
experience required for certification may vary according to the 
requirements of managing the foreign fishery in which the supplementary 
observer is to be deployed.

[[Page 74]]

Documentation of U.S. citizenship or nationality, and education or 
experience will be provided from personal qualification statements on 
file with NMFS contractors who provide supplementary observer services, 
and will not require the submission of additional information to NMFS.
    (2) Training. Prior to deployment to foreign fishing vessels, 
certified supplementary observers must also meet the following 
conditions:
    (i) Each certified supplementary observer must satisfactorily 
complete a course of training approved by the appropriate Regional 
Administrator or Science and Research Director as equivalent to that 
received by persons used as observers by NMFS as either Federal 
personnel or contract employees. The course of training may vary 
according to the foreign fishery in which the supplementary observer is 
to be deployed.
    (ii) Each certified supplementary observer must agree in writing to 
abide by standards of conduct as set forth in Department of Commerce 
Administrative Order 202-735 (as provided by the contractor).
    (k) Supplementary observer certification suspension or revocation. 
(1) Certification of a supplementary observer may be suspended or 
revoked by the Assistant Administrator under the following conditions:
    (i) A supplementary observer fails to perform the duties specified 
in paragraph (g)(2) of this section.
    (ii) A supplementary observer fails to abide by the standards of 
conduct described by Department of Commerce Administrative Order 202-
735.
    (2) The suspension or revocation of the certification of a 
supplementary observer by the Assistant Administrator may be based on 
the following:
    (i) Boarding inspection reports by authorized officers of the USCG 
or NMFS, or other credible information, that indicate a supplementary 
observer has failed to abide by the established standards of conduct; or
    (ii) An analysis by NMFS of the data collected by a supplementary 
observer indicating improper or incorrect data collection or recording. 
The failure to properly collect or record data is sufficient to justify 
decertification of supplementary observers; no intent to defraud need be 
demonstrated.
    (3) The Assistant Administrator will notify the supplementary 
observer, in writing, of the Assistant Administrator's intent to suspend 
or revoke certification, and the reasons therefor, and provide the 
supplementary observer a reasonable opportunity to respond. If the 
Assistant Administrator determines that there are disputed questions of 
material fact, then the Assistant Administrator may in this respect 
appoint an examiner to make an informal fact-finding inquiry and prepare 
a report and recommendations.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7074, 7075, Feb. 12, 
1998; 64 FR 39020, July 21, 1999]



Sec. 600.507  Recordkeeping.

    (a) General. The owner and operator of each FFV must maintain timely 
and accurate records required by this section as modified by the 
regulations for the fishery in which the FFV is engaged.
    (1) The owner and operator of each FFV must maintain all required 
records in English, based on Greenwich mean time (GMT) unless otherwise 
specified in the regulation, and make them immediately available for 
inspection upon the request of an authorized officer or observer.
    (2) The owner and operator of each FFV must retain all required 
records on board the FFV whenever it is in the EEZ, for 3 years after 
the end of the permit period.
    (3) The owner and operator of each FFV must retain the required 
records and make them available for inspection upon the request of an 
authorized officer at any time during the 3 years after the end of the 
permit period, whether or not such records are on board the vessel.
    (4) The owner and operator of each FFV must provide to the Assistant 
Administrator, in the form and at the times prescribed, any other 
information requested that the Assistant Administrator determines is 
necessary to fulfill the fishery conservation, management and 
enforcement purposes of the Magnuson-Stevens Act.
    (b) Communications log. The owner and operator of each FFV must 
record

[[Page 75]]

in a separate communications log, at the time of transmittal, the time 
and content of each notification made under Sec. 600.504.
    (c) Transfer log. Except for the transfer of unsorted, unprocessed 
fish via codend from a catching vessel to a processing vessel (Activity 
Code 2 or 4), the owner and operator of each FFV must record, in a 
separate transfer log, each transfer or receipt of any fish or fishery 
product, including quantities transferred or offloaded outside the EEZ. 
The operator must record in the log within 12 hours of the completion of 
the transfer:
    (1) The time and date (GMT) and location (in geographic coordinates) 
the transfer began and was completed.
    (2) The product weight, by species and product (use species and 
product codes), of all fish transferred, to the nearest 0.01 mt.
    (3) The name, IRCS, and permit number of both the FFV offloading the 
fish and the FFV receiving the fish.
    (d) Daily fishing log. (1) The owner or operator of each FFV 
authorized to catch fish (Activity Code 1) must maintain a daily fishing 
log of the effort, catch and production of the FFV, as modified by 
paragraph (d)(2) of this section and the regulations for the fishery in 
which the FFV is engaged. The operator must maintain on a daily and 
cumulative basis for the permit period a separate log for each fishery 
(see table 2 to Sec. 600.502) in which the FFV is engaged according to 
this section and in the format specified in the instructions provided 
with the permit or other format authorized under paragraph (i) of this 
section. Daily effort entries are required for each day the vessel 
conducts fishing operations within the EEZ. Daily entries are not 
required whenever the FFV is in port or engaged in a joint venture in 
the internal waters of a state. Each page of log may contain entries 
pertaining to only one day's fishing operations or one gear set, 
whichever is longer.
    (2) The owner or operator of each FFV authorized to catch fish 
(Activity Code 1) and that delivers all catches to a processing vessel, 
must maintain only ``SECTION ONE-EFFORT'', of the daily fishing log, 
provided the processing vessel maintains a daily consolidated fishing 
log as described in paragraphs (f) and (g) of this section.
    (e) Daily fishing log--contents. The daily fishing log must contain 
the following information, as modified by paragraph (d)(2) of this 
section and the regulations for the fishery in which the FFV is engaged, 
and be completed according to the format and instructions provided with 
the permit or other format authorized under paragraph (i) of this 
section.
    (1) ``SECTION ONE-EFFORT'' must contain on a daily basis--
    (i) A consecutive page number, beginning with the first day the 
vessel started fishing operations within the EEZ and continuing 
throughout the log.
    (ii) The date (based on GMT).
    (iii) The FFV's name.
    (iv) The FFV's IRCS.
    (v) The FFV's U.S. permit number.
    (vi) The FFV's noon (1200 GMT) position in geographic coordinates.
    (vii) The master or operator's signature or title.
    (2) ``SECTION ONE-EFFORT'' must contain, for each trawl or set, as 
appropriate to the gear type employed--
    (i) The consecutive trawl or set number, beginning with the first 
set of the calendar year.
    (ii) The fishing area in which the trawl or set was completed.
    (iii) The gear type.
    (iv) The time the gear was set.
    (v) The position of the set.
    (vi) The course of the set.
    (vii) The sea depth.
    (viii) The depth of the set.
    (ix) The duration of the set.
    (x) The hauling time.
    (xi) The position of the haul.
    (xii) The number of pots or longline units (where applicable).
    (xiii) The average number of hooks per longline unit (where 
applicable).
    (xiv) The trawl speed (where applicable).
    (xv) The mesh size of the trawl's codend (where applicable).
    (xvi) The estimated total weight of the catch for the trawl of set, 
to at least the nearest metric ton round weight.
    (3) ``SECTION TWO-CATCH'' must contain, for each trawl or set--
    (i) The consecutive set or trawl number from ``SECTION ONE''.

[[Page 76]]

    (ii) The catch of each allocated species or species group to at 
least the nearest 0.1 mt round weight.
    (iii) The prohibited species catch to at least the nearest 0.1 mt 
round weight or by number, as required by the regulations for the 
fishery in which the FFV is engaged.
    (iv) The species code of each marine mammal caught and its condition 
when released.
    (4) ``SECTION TWO-CATCH'' must contain, on a daily basis--
    (i) The species codes for all allocated or prohibited species or 
species groups caught.
    (ii) For each allocated species--the amount, to at least the nearest 
0.1 mt, and the daily disposition, either processed for human 
consumption, used for fishmeal, or discarded; the daily catch by fishing 
area; the daily catch for all fishing areas; and the cumulative total 
catch.
    (iii) For the total catch of allocated species--the amount to at 
least the nearest 0.1 mt and the daily disposition, daily total catch by 
fishing area, daily total catch for all fishing areas, and cumulative 
total catch.
    (iv) The catch by fishing area, daily total, and cumulative total of 
each prohibited species.
    (5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis, 
for each allocated species caught and product produced--
    (i) The product by species code and product type.
    (ii) The daily product recovery rate of each species and product.
    (iii) The daily total product produced by species to at least the 
nearest 0.01 mt.
    (iv) The cumulative total of each product to at least the nearest 
0.01 mt.
    (v) The cumulative amount of product transferred.
    (vi) The balance of product remaining aboard the FFV.
    (vii) The total daily amount, cumulative amount, transferred product 
and balance of frozen product aboard the FFV to the nearest 0.01 mt.
    (viii) Transferred amount and balance of fishmeal and fish oil 
aboard to at least the nearest 0.01 mt.
    (f) Daily consolidated fishing or joint venture log. The operator of 
each FFV that receives unsorted, unprocessed fish from foreign catching 
vessels (Activity Code 2) for processing or receives U.S.-harvested fish 
from U.S. fishing vessels in a joint venture (Activity Code 4) must 
maintain a daily joint venture log of the effort, catch and production 
of its associated U.S. or foreign fishing vessels and the processing 
vessel as modified by the regulations for the fishery in which the FFV 
is engaged. This log is separate and in addition to the log required by 
paragraph (d) of this section. The operator must maintain a separate log 
for each fishery in which the FFV is engaged, on a daily and cumulative 
basis, according to this section and in the format specified in the 
instructions provided with the permit or other format authorized under 
paragraph (i) of this section. Receipts of fish caught outside the EEZ 
must be included. Each page of the log may contain entries pertaining to 
only one day's fishing operations.
    (g) Daily joint venture log--contents. Daily joint venture logs must 
contain the following information, as modified by the fishery in which 
the vessel is engaged, and be completed according to the format and 
instructions provided with the permit or other format authorized under 
paragraph (i) of this section.
    (1) ``SECTION ONE-EFFORT'' must contain, on a daily basis, that 
information required in paragraph (e)(1) of this section.
    (2) ``SECTION ONE-EFFORT'' must contain for each receipt of a 
codend--
    (i) The consecutive codend number, beginning with the first codend 
received for the calendar year.
    (ii) The name of the U.S. fishing vessel or the name and IRCS of the 
foreign fishing vessel the codend was received from.
    (iii) The fishing area where the codend was received.
    (iv) The time the codend was received.
    (v) The position the codend was received.
    (vi) The estimated weight of the codend to at least the nearest 
metric ton round weight.
    (3) ``SECTION TWO-CATCH'' must contain, for each codend received--

[[Page 77]]

    (i) The consecutive codend number from ``SECTION ONE''.
    (ii) The receipts of each authorized species or species group and 
its disposition, either processed for human consumption, used for 
fishmeal, discarded, or returned to the U.S. fishing vessel, to at least 
the nearest 0.1 mt round weight.
    (iii) The estimated receipts of each prohibited species or species 
group and its disposition, either discarded or returned to the U.S. 
fishing vessel if authorized in the fishery in which the U.S. vessel is 
engaged, to at least the nearest 0.1 mt round weight.
    (iv) The species code of each marine mammal received and its 
condition when released.
    (4) ``SECTION TWO-CATCH'' must contain on a daily basis--
    (i) The species codes of all authorized or prohibited species or 
species groups received.
    (ii) The daily disposition, as described in paragraph (g)(3)(ii) of 
this section, daily total, and cumulative total receipts of each 
authorized species or species groups.
    (iii) The daily disposition, daily total and cumulative total 
receipts of all authorized species or species groups.
    (iv) The daily and cumulative total receipts of prohibited species 
groups and their disposition as described in paragraph (g)(3)(iii) of 
this section.
    (5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis, 
for each authorized species or species group received and product 
produced, that information required in paragraph (e)(5) of this section.
    (h) Daily log maintenance. The logs required by paragraphs (e) 
through (g) of this section must be maintained separately for each 
fishery (see table 2 to Sec. 600.502).
    (1) The effort section (all of ``SECTION ONE'') of the daily logs 
must be updated within 2 hours of the hauling or receipt time. The catch 
or receipt by trawl or set (``SECTION TWO'') must be entered within 12 
hours of the hauling or receipt time. The daily and cumulative total 
catch or receipts (``SECTION TWO'') and the production portion 
(``SECTION THREE'') of the log must be updated within 12 hours of the 
end of the day on which the catch was taken. The date of catch is the 
day and time (GMT) the gear is hauled.
    (2) Entries for total daily and cumulative catch or receipt weights 
(disposition ``C'' or ``M'') must be based on the most accurate method 
available to the vessel, either scale round weights or factory weights 
converted to round weights. Entries for daily and cumulative weights of 
discarded or returned fish (disposition ``D'' or ``R'') must be based on 
the most accurate method available to the vessel, either actual count, 
scale round weight, or estimated deck weights. Entries for product 
weights must be based on the number of production units (pans, boxes, 
blocks, trays, cans, or bags) and the average weight of the production 
unit, with reasonable allowances for water added. Allowances for water 
added cannot exceed 5 percent of the unit weight. Product weights cannot 
be based on the commercial or arbitrary wholesale weight of the product, 
but must be based on the total actual weight of the product as 
determined by representative samples.
    (3) The owner or operator must make all entries in indelible ink, 
with corrections to be accomplished by lining out and rewriting, rather 
than erasure.
    (i) Alternative log formats. As an alternative to the use of the 
specific formats provided, a Nation may submit a proposed log format for 
FFV's of that Nation for a general type of fishery operation in a 
fishery (i.e., joint venture operations) to the appropriate Regional 
Administrator and the USCG commander (see tables 1 and 2 to Sec. 
600.502). With the agreement of the USCG commander, the Regional 
Administrator may authorize the use of that log format for vessels of 
the requesting Nation.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.508  Fishing operations.

    (a) Catching. Each FFV authorized for activity code 1 may catch 
fish. An FFV may retain its catch of any species or species group for 
which there is an unfilled national allocation. All fish caught will be 
counted against the national allocation, even if the fish are discarded, 
unless exempted by the regulations of the fishery in which the

[[Page 78]]

FFV is engaged. Catching operations may be conducted as specified by the 
regulations of the fishery in which the FFV is engaged and as modified 
by the FFV's permit.
    (b) Scouting. Each FFV authorized for Activity Codes 1 through 6 may 
scout for fish. Scouting may be conducted only in the fisheries area 
authorized by the scouting vessel's permit and under such other 
circumstances as may be designated in this subpart or the permit.
    (c) Processing. Each FFV with Activity Code 1 or 2 may process fish. 
Processing may only be conducted whenever and wherever catching 
operations for FFV's of that Nation are permitted, whenever and wherever 
joint venture operations are authorized by an FFV's permit under 
Activity Code 4, and under such other circumstances as may be designated 
in this subpart or the permit.
    (d) Support. Each FFV with Activity Codes 1, 2, 3, 5, or 8 may 
support other permitted FFV's. Each FFV with Activity Codes 4 or 6 may 
support U.S. vessels. Support operations may be conducted only in the 
fisheries areas authorized by the supporting vessel's permit, and under 
such other circumstances as may be designated in this subpart or the 
permit.
    (e) Joint ventures. Each FFV with Activity Code 4 in addition to 
Activity Codes 1 or 2 may also conduct operations with U.S. fishing 
vessels. These joint venture operations with U.S. fishing vessels may be 
conducted throughout the EEZ, and under such other circumstances as may 
be designated in these regulations or the permit. FFV's with activity 
code 4 may continue operations assisting U.S. fishing vessels, despite 
closures under Sec. 600.511(a).
    (f) Internal waters. For FFV's authorized under section 306(c) of 
the Magnuson-Stevens Act:
    (1) Each FFV may engage in fish processing and support of U.S. 
fishing vessels within the internal waters of that state in compliance 
with terms and conditions set by the authorizing Governor.
    (2) The owner or operator of each FFV must submit weekly reports on 
the amount of fish received from vessels of the United States and the 
location(s) where such fish were harvested.
    (i) Reports must include:
    (A) Vessel identification information for the FFV.
    (B) Date of each receipt of fish.
    (C) Amount of fish received, by species.
    (D) Location(s) from which the fish received were harvested and the 
name and official number of the vessel of the United States that 
harvested the fish.
    (ii) Owners or operators of FFV's processing fish in internal waters 
under the provisions of this paragraph (f) must request, from the 
Regional Administrator, the requirements regarding timing and submission 
of the reports, at least 15 days prior to the first receipt of fish from 
a vessel of the United States. The Regional Administrator shall 
stipulate the timing and submission requirements in writing.
    (g) Transshipping. Each FFV with Activity Code 1, 2, 3, 4, 5, 6, 7, 
8, or 10 may transship in accordance with this subpart and the vessel's 
permit.

[61 FR 32540, June 24, 1996, as amended at 62 FR 27183, May 19, 1997; 62 
FR 34397, June 26, 1997; 64 FR 39020, July 21, 1999]



Sec. 600.509  Prohibited species.

    (a) The owner or operator of each FFV must minimize its catch or 
receipt of prohibited species.
    (b) After allowing for sampling by an observer (if any), the owner 
or operator of each FFV must sort its catch of fish received as soon as 
possible and return all prohibited species and species parts to the sea 
immediately with a minimum of injury, regardless of condition, unless a 
different procedure is specified by the regulations for the fishery in 
which the FFV is engaged. All prohibited species must be recorded in the 
daily fishing log and other fishing logs as specified by the regulations 
for the fishery in which the FFV is engaged.
    (c) All species of fish that an FFV has not been specifically 
allocated or authorized under this subpart to retain, including fish 
caught or received in excess of any allocation or authorization, are 
prohibited species.
    (d) It is a rebuttable presumption that any prohibited species or 
species part found on board an FFV was caught

[[Page 79]]

and retained in violation of this section.



Sec. 600.510  Gear avoidance and disposal.

    (a) Vessel and gear avoidance. (1) FFV's arriving on fishing grounds 
where fishing vessels are already fishing or have set their gear for 
that purpose must ascertain the position and extent of gear already 
placed in the sea and must not place themselves or their fishing gear so 
as to interfere with or obstruct fishing operations already in progress. 
Vessels using mobile gear must avoid fixed fishing gear.
    (2) The operator of each FFV must maintain on its bridge a current 
plot of broadcast fixed-gear locations for the area in which it is 
fishing, as required by the regulations for the fishery in which the FFV 
is engaged.
    (b) Gear conflicts. The operator of each FFV that is involved in a 
conflict or that retrieves the gear of another vessel must immediately 
notify the appropriate USCG commander identified in tables 1 and 2 to 
Sec. 600.502 and request disposal instructions. Each report must 
include:
    (1) The name of the reporting vessel.
    (2) A description of the incident and articles retrieved, including 
the amount, type of gear, condition, and identification markings.
    (3) The location of the incident.
    (4) The date and time of the incident.
    (c) Disposal of fishing gear and other articles. (1) The operator of 
an FFV in the EEZ may not dump overboard, jettison or otherwise discard 
any article or substance that may interfere with other fishing vessels 
or gear, or that may catch fish or cause damage to any marine resource, 
including marine mammals and birds, except in cases of emergency 
involving the safety of the ship or crew, or as specifically authorized 
by communication from the appropriate USCG commander or other authorized 
officer. These articles and substances include, but are not limited to, 
fishing gear, net scraps, bale straps, plastic bags, oil drums, 
petroleum containers, oil, toxic chemicals or any manmade items 
retrieved in an FFV's gear.
    (2) The operator of an FFV may not abandon fishing gear in the EEZ.
    (3) If these articles or substances are encountered, or in the event 
of accidental or emergency placement into the EEZ, the vessel operator 
must immediately report the incident to the appropriate USCG Commander 
indicated in tables 1 and 2 to Sec. 600.502, and give the information 
required in paragraph (b) of this section.



Sec. 600.511  Fishery closure procedures.

    (a) Activity Codes 1 and 2 for a fishery are automatically canceled 
in the following cases, unless otherwise specified by regulations 
specific to a fishery, when--
    (1) The OY for any allocated species or species group has been 
reached in that fishery;
    (2) The TALFF or catch allowance for any allocated species or 
species group has been reached in that fishery;
    (3) The foreign nation's allocation for any allocated species or 
species group has been reached; or
    (4) The letter of credit required in Sec. 600.518(b)(2) is not 
established and maintained.
    (b) Activity Code 4 is automatically canceled when--
    (1) The OY for a species with a JVP amount is reached;
    (2) The JVP amount for a species or species group is reached; or
    (3) The letter of credit required in Sec. 600.518(b)(2) is not 
established and maintained.
    (c) Notification. (1) The Regional Administrator is authorized to 
close a fishery on behalf of NMFS. The Regional Administrator will 
notify each FFV's designated representative of closures.
    (2) If possible, notice will be given 48 hours before the closure. 
However, each Nation and the owners and operators of all FFV's of that 
Nation are responsible for ending fishing operations when an allocation 
is reached.
    (d) Catch reconciliation. Vessel activity reports, U.S. surveillance 
observations, observer reports, and foreign catch and effort reports 
will be used to make the determination listed in paragraphs (a) and (b) 
of this section. If NMFS estimates of catch or other values made during 
the season differ from

[[Page 80]]

those reported by the foreign fleets, efforts may be initiated by the 
designated representative of each Nation to resolve such differences 
with NMFS. If, however, differences still persist after such efforts 
have been made, NMFS estimates will be the basis for decisions and will 
prevail.
    (e) Duration. Any closure under this section will remain in effect 
until an applicable new or increased allocation or JVP becomes available 
or the letter of credit required by Sec. 600.518(b)(2) is 
reestablished.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.512  Scientific research.

    (a) Scientific research activity. Persons planning to conduct 
scientific research activities on board a scientific research vessel in 
the EEZ that may be confused with fishing are encouraged to submit to 
the appropriate Regional Administrator or Director, 60 days or as soon 
as practicable prior to its start, a scientific research plan for each 
scientific activity. The Regional Administrator or Director will 
acknowledge notification of scientific research activity by issuing to 
the operator or master of that vessel, or to the sponsoring institution, 
a Letter of Acknowledgment. This Letter of Acknowledgment is separate 
and distinct from any permit or consultation required under the MMPA, 
the ESA, or any other applicable law. The Regional Administrator or 
Director will include text in the Letter of Acknowledgment informing the 
applicant that such permits may be required and should be obtained from 
the agency prior to embarking on the activity. If the Regional 
Administrator or Director, after review of a research plan, determines 
that it does not constitute scientific research activity but rather 
fishing, the Regional Administrator or Director will inform the 
applicant as soon as practicable and in writing. In making this 
determination, the Regional Administrator, Director, or designee shall 
consider: the merits of the individual proposal and the institution(s) 
involved; whether the proposed activity meets the definition of 
scientific research activity; and whether the vessel meets all the 
requirements for a scientific research vessel. Foreign vessels that 
qualify as scientific research vessels and which are engaged in a 
scientific research activity may only engage in compensation fishing 
during the scientific research cruise and in accordance with the 
applicable scientific research plan. The Regional Administrator or 
Director may also make recommendations to revise the research plan to 
ensure the activity will be considered to be a scientific research 
activity. The Regional Administrator or Director may designate a Science 
and Research Director, or the Assistant Regional Administrator for 
Sustainable Fisheries, to receive scientific research plans and issue 
Letters of Acknowledgment. In order to facilitate identification of the 
activity as scientific research, persons conducting scientific research 
activities are advised to carry a copy of the scientific research plan 
and the Letter of Acknowledgment on board the scientific research vessel 
and to make it available for inspection upon the request of any 
authorized officer. It is recommended that for any scientific research 
activity, any fish, or parts thereof, retained pursuant to such activity 
be accompanied, during any ex-vessel activities, by a copy of the Letter 
of Acknowledgment. Activities conducted in accordance with a scientific 
research plan acknowledged by such a Letter of Acknowledgment are 
presumed to be scientific research activities. An authorized officer may 
overcome this presumption by showing that an activity does not fit the 
definition of scientific research activity or is outside the scope of 
the scientific research plan.
    (b) Reports. Persons conducting scientific research are requested to 
submit a copy of any cruise report or other publication created as a 
result of the cruise, including the amount, composition, and disposition 
of their catch, to the appropriate Science and Research Director.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 74 
FR 42793, Aug. 25, 2009]



Sec. 600.513  Recreational fishing.

    (a) Foreign vessels conducting recreational fishing must comply only 
with this section, and Sec. Sec. 600.10,

[[Page 81]]

600.504(a)(1), and 600.505 (as applicable). Such vessels may conduct 
recreational fishing within the EEZ and within the boundaries of a 
state. Any fish caught may not be sold, bartered, or traded.
    (b) The owners or operator and any other person aboard any foreign 
vessel conducting recreational fishing must comply with any Federal laws 
or regulations applicable to the domestic fishery while in the EEZ, and 
any state laws or regulations applicable while in state waters.



Sec. 600.514  Relation to other laws.

    (a) Persons affected by these regulations should be aware that other 
Federal and state statutes may apply to their activities.
    (b) Fishing vessel operators must exercise due care in the conduct 
of fishing activities near submarine cables. Damage to submarine cables 
resulting from intentional acts or from the failure to exercise due care 
in the conduct of fishing operations subjects the fishing vessel 
operator to enforcement action under the International Convention for 
the Protection of Submarine Cables, and to the criminal penalties 
prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws that 
implement that Convention. Fishing vessel operators also should be aware 
that the Submarine Cable Act prohibits fishing operations at a distance 
of less than 1 nautical mile (1.85 km) from a vessel engaged in laying 
or repairing a submarine cable; or at a distance of less than 0.25 
nautical mile (0.46 km) from a buoy or buoys intended to mark the 
position of a cable when being laid, or when out of order, or broken.



Sec. 600.515  Interpretation of 16 U.S.C. 1857(4).

    Section 307(4) of the Magnuson-Stevens Act prohibits any fishing 
vessel other than a vessel of the United States (foreign fishing vessel) 
from operating in the EEZ if all of the fishing gear on board the vessel 
is not stowed in compliance with that section ``unless such vessel is 
authorized to engage in fishing in the area in which the vessel is 
operating.'' If such a vessel has a permit authorization that is limited 
to fishing activities other than catching, taking or harvesting (such as 
support, scouting or processing activities), it must have all of its 
fishing gear stowed at all times while it is in the EEZ. If such a 
vessel has a permit authorization to engage in catching, taking or 
harvesting activities, but such authorization is limited to a specific 
area within the EEZ, and/or to a specific period of time, the vessel 
must have all of its fishing gear stowed while it is in the EEZ, except 
when it is in the specific area authorized, and/or during the specific 
period of time authorized.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.516  Total allowable level of foreign fishing (TALFF).

    (a) The TALFF, if any, with respect to any fishery subject to the 
exclusive fishery management authority of the United States, is that 
portion of the OY of such fishery, which cannot or will not be harvested 
by vessels of the United States. Allocations of TALFF are discretionary, 
except that the total allowable level shall be zero for fisheries 
determined by the Secretary to have adequate or excess domestic harvest 
capacity.
    (b) Each specification of OY and each assessment of the anticipated 
U.S. harvest will be reviewed during each fishing season. Adjustments to 
TALFF's will be made based on updated information relating to status of 
stocks, estimated and actual performance of domestic and foreign fleets, 
and other relevant factors.
    (c) Specifications of OY and the initial estimates of U.S. harvests 
and TALFF's at the beginning of the relevant fishing year will be 
published in the Federal Register. Adjustments to those numbers will be 
published in the Federal Register upon occasion or as directed by 
regulations implementing FMPs. For current apportionments, contact the 
appropriate Regional Administrator or the Director.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 73 
FR 67811, Nov. 17, 2008]



Sec. 600.517  Allocations.

    The Secretary of State, in cooperation with the Secretary, 
determines the allocation among foreign nations of fish species and 
species groups. The

[[Page 82]]

Secretary of State officially notifies each foreign nation of its 
allocation. The burden of ascertaining and accurately transmitting 
current allocations and status of harvest of an applicable allocation to 
fishing vessels is upon the foreign nation and the owner or operator of 
the FFV.



Sec. 600.518  Fee schedule for foreign fishing.

    (a) Permit application fees. Each vessel permit application 
submitted under Sec. 600.501 must be accompanied by a fee. The amount 
of the fee will be determined in accordance with the procedures for 
determining administrative costs of each special product or service 
contained in the NOAA Finance Handbook, which is available upon request 
from the International Fisheries Division (see address at Sec. 
600.501(d)(1)). The fee is specified with the application form. At the 
time the application is submitted, a check for the fees, drawn on a U.S. 
bank, payable to the order of ``Department of Commerce, NOAA,'' must be 
sent to the Assistant Administrator. The permit fee payment must be 
accompanied by a list of the vessels for which the payment is made. In 
the case of applications for permits authorizing activity code 10, the 
permit application fee will be waived if the applicant provides 
satisfactory documentary proof to the Assistant Administrator that the 
foreign nation under which the vessel is registered does not collect a 
fee from a vessel of the United States engaged in similar activities in 
the waters of such foreign nation. The documentation presented (e.g., 
copy of foreign fishing regulations applicable to vessels of the United 
States) must clearly exempt vessels of the United States from such a 
fee.
    (b) Poundage fees--(1) Rates. If a Nation chooses to accept an 
allocation, poundage fees must be paid at the rate specified in the 
following table.

                    Table--Species and Poundage Fees
                        [Dollars per metric ton]
------------------------------------------------------------------------
                                                                Poundage
                           Species                                fees
------------------------------------------------------------------------
Northwest Atlantic Ocean fisheries:
  1. Butterfish..............................................     277.96
  2. Herring, Atlantic.......................................      25.75
  3. Herring, River..........................................      49.59
  4. Mackerel, Atlantic......................................      64.76
  5. Other finfish...........................................      45.48
  6. Squid, Illex............................................      97.56
  7. Squid, Loligo...........................................     321.68
------------------------------------------------------------------------

    (2) Method of payment of poundage fees and observer fees. (i) If a 
Nation chooses to accept an allocation, a revolving letter of credit (L/
C) must be established and maintained to cover the poundage fees for at 
least 25 percent of the previous year's total allocation at the rate in 
paragraph (b)(1) of this section, or as determined by the Assistant 
Administrator, plus the observer fees required by paragraph (c) of this 
section. The L/C must--
    (A) Be irrevocable.
    (B) Be with a bank subscribing to ICC Pub. 290.
    (C) Designate ``Department of Commerce, NOAA'' as beneficiary;
    (D) Allow partial withdrawals.
    (E) Be confirmed by a U.S. bank.
    (ii) The customer must pay all commissions, transmission, and 
service charges. No fishing will be allowed until the L/C is 
established, and authorized written notice of its issuance is provided 
to the Assistant Administrator.
    (3) Assessment of poundage fees. Poundage fees will be assessed 
quarterly for the actual catch during January through March, April 
through June, July through September, and October through December. The 
appropriate Regional Administrator will reconcile catch figures with 
each country following the procedures of Sec. 600.511(d). When the 
catch figures are agreed upon, NOAA will present a bill for collection 
as the documentary demand for payment to the confirming bank. If, after 
45 days from the end of the quarter, catches have not been reconciled, 
the estimate of the Regional Administrator will stand and a bill will be 
issued for that amount. If necessary, the catch figures may be refined 
by the Regional Administrator during the next 60 days, and any 
modifications will be reflected in the next quarter's bill.

[[Page 83]]

    (c) Observer fees. The Assistant Administrator will notify the 
owners or operators of FFV's of the estimated annual costs of placing 
observers aboard their vessels. The owners or operators of any such 
vessel must provide for repayment of those costs by including one-fourth 
of the estimated annual observer fee as determined by the Assistant 
Administrator in a L/C as prescribed in Sec. 600.518(b)(2). During the 
fiscal year, payment will be withdrawn from the L/C as required to cover 
anticipated observer coverage for the upcoming fishery. The Assistant 
Administrator will reconcile any differences between the estimated cost 
and actual costs of observer coverage within 90 days after the end of 
the fiscal year.
    (d) Financial assurances. (1) A foreign nation, or the owners and 
operators of certain vessels of that foreign nation, may be required by 
the Assistant Administrator to provide financial assurances. Such 
assurances may be required if--
    (i) Civil and criminal penalties assessed against fishing vessels of 
the Nation have not effectively deterred violations;
    (ii) Vessels of that Nation have engaged in fishing in the EEZ 
without proper authorization to conduct such activities;
    (iii) The Nation's vessel owners have refused to answer 
administrative charges or summons to appear in court; or
    (iv) Enforcement of Magnuson-Stevens Act civil or criminal judgments 
in the courts of a foreign nation is unattainable.
    (2) The level of financial assurances will be guided by the level of 
penalties assessed and costs to the U.S. Government.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39020, July 21, 1999; 66 FR 28132, May 22, 2001]



Sec. 600.520  Northwest Atlantic Ocean fishery.

    (a) Purpose. Sections 600.520 and 600.525 regulate all foreign 
fishing conducted under a GIFA within the EEZ in the Atlantic Ocean 
north of 35[deg]00[min] N. lat.
    (b) Authorized fishery--(1) Allocations. Foreign vessels may engage 
in fishing only in accordance with applicable national allocations.
    (2) Time and area restrictions. (i) Fishing, including processing, 
scouting, and support of foreign or U.S. vessels, is prohibited south of 
35[deg]00[min] N. lat., and north and east of a line beginning at the 
shore at 44[deg]22[min] N. lat., 67[deg]52[min] W. long. and 
intersecting the boundary of the EEZ at 44[deg]11[min]12[sec] N. lat., 
67[deg]16[min]46[sec] W. long.
    (ii) The Regional Administrator will consult with the Council prior 
to giving notice of any area or time restriction. NMFS will also consult 
with the USCG if the restriction is proposed to reduce gear conflicts. 
If NMFS determines after such consultation that the restriction appears 
to be appropriate, NMFS will publish the proposed restriction in the 
Federal Register, together with a summary of the information on which 
the restriction is based. Following a 30-day comment period, NMFS will 
publish a final action.
    (iii) The Regional Administrator may rescind any restriction if he/
she determines that the basis for the restriction no longer exists.
    (iv) Any notice of restriction shall operate as a condition imposed 
on the permit issued to the foreign vessels involved in the fishery.
    (3) TALFF. The TALFFs for the fisheries of the Northwest Atlantic 
Ocean are published in the Federal Register. Current TALFFs are also 
available from the Regional Administrator.
    (4) Species definitions. The category ``other finfish'' used in 
TALFFs and in allocations includes all species except:
    (i) The other allocated species, namely: Short-finned squid, long-
finned squid, Atlantic herring, Atlantic mackerel, river herring 
(includes alewife, blueback herring, and hickory shad), and butterfish.
    (ii) The prohibited species, namely: American plaice, American shad, 
Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic salmon, all 
marlin, all spearfish, sailfish, swordfish, black sea bass, bluefish, 
croaker, haddock, ocean pout, pollock, red hake, scup, sea turtles, 
sharks (except dogfish), silver hake, spot, striped bass, summer 
flounder, tilefish, yellowtail flounder, weakfish, white hake, 
windowpane flounder, winter flounder,

[[Page 84]]

witch flounder, Continental Shelf fishery resources, and other 
invertebrates (except nonallocated squids).
    (5) Closures. The taking of any species for which a Nation has an 
allocation is permitted, provided that:
    (i) The vessels of the foreign nation have not caught the allocation 
of that Nation for any species or species group (e.g., ``other 
finfish''). When vessels of a foreign nation have caught an applicable 
allocation of any species, all further fishing other than scouting, 
processing, or support by vessels of that Nation must cease, even if 
other allocations have not been reached. Therefore, it is essential that 
foreign nations plan their fishing strategy to ensure that the reaching 
of an allocation for one species does not result in the premature 
closing of a Nation's fishery for other allocated species.
    (ii) The fishery has not been closed for other reasons under Sec. 
600.511.
    (6) Allocation utilization. Foreign fishing vessels may elect to 
retain or discard allocated species; however, the computation of 
allocation utilization and fee refunds will be based on the total 
quantity of that species that was caught. Prohibited species must always 
be returned to the sea as required under Sec. 600.509.
    (c) Fishing areas. For the purposes of the Northwest Atlantic Ocean 
fishery, fishing areas are that portion of the EEZ shown inside the 
boundaries of the ``three digit statistical areas'' described in Figure 
1 to this section.

[[Page 85]]

[GRAPHIC] [TIFF OMITTED] TR24JN96.000


[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.525  Applicability of subpart F to Canadian Albacore Fishing Vessels 

off the West Coast.

    Fishing by vessels of Canada under the 1981 Treaty Between the 
Government of the United States of America and the Government of Canada 
on Pacific Coast Albacore Tuna Vessels and Port Privileges is regulated 
only under this section and Sec. 600.530 of this subpart F, and is 
exempt from any other requirements of this subpart F. Regulations 
governing fishing by U.S. vessels in waters under the fisheries 
jurisdiction of the Canada more than 12 nautical miles from the baseline 
from which the territorial sea is measured

[[Page 86]]

are found at Sec. Sec. 300.170-300.176 of chapter II of this title.

[69 FR 31535, June 4, 2004]



Sec. 600.530  Pacific albacore fishery.

    (a) Purpose and scope. This section regulates fishing by Canadian 
vessels under the 1981 Treaty Between the Government of the United 
States of America and the Government of Canada on Pacific Coast Albacore 
Tuna Vessels and Port Privileges as amended in 2002. Notwithstanding any 
other provision of this subpart F, fishing vessels of Canada may be 
authorized to fish in waters under the fisheries jurisdiction of the 
United States more than 12 nautical miles from the baseline from which 
the territorial sea is measured in accordance with the Treaty and this 
section, pursuant to Public Law 108-219 (118 Stat. 616; 16 U.S.C. 1821 
note).
    (b) Definitions. In addition to the definitions in the Magnuson-
Stevens Fishery Conservation and Management Act and Sec. 600.10, the 
terms used in this subpart have the following meanings:
    Fishing under the Treaty as amended in 2002 means to engage in 
fishing for albacore tuna in waters under the fisheries jurisdiction of 
the United States seaward of 12 nautical miles from the baseline from 
which the territorial sea is measured.
    Regional Administrator means the Regional Administrator, Southwest 
Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-
4213, or a designee.
    Reporting Office means the office designated by the Regional 
Administrator to take hail-in and hail-out reports from U.S. and 
Canadian vessel operators.
    Treaty means the 1981 Treaty Between the Government of the United 
States of America and the Government of Canada on Pacific Coast Albacore 
Tuna Vessels and Port Privileges as amended in 2002.
    (c) Vessel list. A Canadian vessel is not eligible to fish for 
albacore in U.S. waters under the Treaty as amended in 2002 unless the 
vessel is on the list provided to NMFS by the Government of Canada of 
vessels authorized by Canada to fish under the Treaty as amended in 
2002.
    (d) Vessel identification. A Canadian vessel fishing under the 
Treaty as amended in 2002 must clearly display its Canadian vessel 
registration number followed by the letter C in the same height and size 
as the numerals, consistent with Canadian vessel marking requirements.
    (e) Hail-in reports. The operator of a Canadian Vessel eligible to 
fish for albacore in U.S. waters under the Treaty as amended in 2002 
must file a hail-in report with the Reporting Office at least 24 hours 
prior to beginning any such fishing.
    (f) Hail-out Reports. The operator of a Canadian vessel that has 
been fishing in U.S. waters under the Treaty as amended in 2002 must 
file a hail-out report with the Reporting Office at least 24 hours prior 
to exiting from U.S. waters.
    (g) Prohibitions. It is prohibited for the operator of a Canadian 
vessel to engage in fishing in U.S. waters if the vessel:
    (1) Is not on the vessel list in paragraph (c) of this section;
    (2) Has not filed a hail-in report to advise of an intent to fish 
under the Treaty as amended in 2002 prior to engaging in such fishing; 
or
    (3) Is not clearly marked in accordance with paragraph (d) of this 
section.

[69 FR 31535, June 4, 2004]



      Subpart G_Preemption of State Authority Under Section 306(b)



Sec. 600.605  General policy.

    It is the policy of the Secretary that preemption proceedings will 
be conducted expeditiously. The administrative law judge and counsel or 
other representative for each party are encouraged to make every effort 
at each stage of the proceedings to avoid delay.



Sec. 600.610  Factual findings for Federal preemption.

    (a) The two factual findings for Federal preemption of state 
management authority over a fishery are:
    (1) The fishing in a fishery that is covered by an FMP implemented 
under the Magnuson-Stevens Act is engaged in predominately within the 
EEZ and beyond such zone.

[[Page 87]]

    (2) A state has taken any action, or omitted to take any action, the 
results of which will substantially and adversely affect the carrying 
out of such FMP.
    (b) Whether fishing is engaged in ``predominately'' within or beyond 
the EEZ will be determined after consideration of relevant factors, 
including but not limited to, the catch (based on numbers, value, or 
weight of fish caught, or other relevant factors) or fishing effort 
during the appropriate period, and in light of historical patterns of 
the distribution of catch or fishing effort for such stock or stocks of 
fish.
    (c) Whether relevant effects are substantial will be determined 
after consideration of the magnitude of such actual or potential 
effects. Relevant to this determination are various factors, including 
but not limited to, the proportion of the fishery (stock or stocks of 
fish and fishing for such stocks) that is subject to the effects of a 
particular state's action or omission, the characteristics and status 
(including migratory patterns and biological condition) of the stock or 
stocks of fish in the fishery, and the similarity or dissimilarity 
between the goals, objectives, or policies of the state's action or 
omission and the management goals or objectives specified in the FMP for 
the fishery or between the state and Federal conservation and management 
measures of the fishery.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.615  Commencement of proceedings.

    (a) Notice of proposed preemption. (1) If a proceeding under this 
part is deemed necessary, the Administrator must issue a notice of 
proposed preemption to the Attorney General of the State or States 
concerned. The notice will contain:
    (i) A recital of the legal authority and jurisdiction for 
instituting the proceeding.
    (ii) A concise statement of the Sec. 600.610 factual findings for 
Federal preemption upon which the notice is based.
    (iii) The time, place, and date of the hearing.
    (2) The notice of proposed preemption will also be published in the 
Federal Register. This notification may be combined with any notice of 
proposed rulemaking published under paragraph (d)(1) of this section.
    (b) Response. The state will have the opportunity to respond in 
writing to the notice of proposed preemption.
    (c) Amendment. The Administrator may, at any time prior to the 
Secretary's decision, withdraw the notice of proposed preemption. Upon 
motion of either party before the record is closed, the administrative 
law judge may amend the notice of proposed preemption.
    (d) Proposed regulations--(1) In general. If additional regulations 
are required to govern fishing within the boundaries of a state, the 
Administrator may publish proposed regulations in the Federal Register 
concurrently with issuing the notification indicated in paragraph (a) of 
this section.
    (2) Emergency actions. Nothing in this section will prevent the 
Secretary from taking emergency action under section 305(c) of the 
Magnuson-Stevens Act.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.620  Rules pertaining to the hearing.

    (a) The civil procedure rules of the NOAA currently set forth in 15 
CFR part 904, subpart C (or as subsequently amended), apply to the 
proceeding after its commencement by service of notice (pursuant to 
Sec. 600.615) and prior to the Secretary's decision (Sec. 600.625), 
except that the following sections will not apply:
    (1) 15 CFR 904.201 (Definitions);
    (2) 15 CFR 904.206(a)(1) (Duties and powers of Judge); and
    (3) 15 CFR 904.272 (Administrative review of decision).
    (b) Additional duties and powers of judge--(1) Time periods. The 
administrative law judge is authorized to modify all time periods 
pertaining to the course of the hearing (under Sec. Sec. 600.615 and 
600.620) to expedite the proceedings, upon application and appropriate 
showing of need or emergency circumstances by a party.
    (2) Intervention. Intervention by persons not parties is not 
allowed.

[[Page 88]]



Sec. 600.625  Secretary's decision.

    (a) The Secretary will, on the basis of the hearing, record the 
administrative law judge's recommended decision:
    (1) Accept or reject any of the findings or conclusions of the 
administrative law judge and decide whether the factual findings exist 
for Federal preemption of a state's authority within its boundaries 
(other than in its internal waters) with respect to the fishery in 
question;
    (2) Reserve decision on the merits or withdraw the notice of 
proposed preemption; or
    (3) Remand the case to the administrative law judge for further 
proceedings as may be appropriate, along with a statement of reasons for 
the remand.
    (b) Notification. (1) If the factual findings for Federal preemption 
are determined to exist, the Secretary will notify in writing the 
Attorney General of that state and the appropriate Council(s) of the 
preemption of that state's authority. The Secretary will also direct the 
Administrator to promulgate appropriate regulations proposed under Sec. 
600.615(d) and otherwise to begin regulating the fishery within the 
state's boundaries (other than in its internal waters).
    (2) If the factual findings for Federal preemption are determined 
not to exist, the Secretary will notify, in writing, the Attorney 
General of the state and the appropriate Council(s) of that 
determination. The Secretary will also direct the Administrator to issue 
a notice withdrawing any regulations proposed under Sec. 600.615(d).



Sec. 600.630  Application for reinstatement of state authority.

    (a) Application or notice. (1) At any time after the promulgation of 
regulations under Sec. 600.625(b)(1) to regulate a fishery within a 
state's boundaries, the affected state may apply to the Secretary for 
reinstatement of state authority. The Secretary may also serve upon such 
state a notice of intent to terminate such Federal regulation. A state's 
application must include a clear and concise statement of:
    (i) The action taken by the State to correct the action or omission 
found to have substantially and adversely affected the carrying out of 
the FMP; or
    (ii) Any changed circumstances that affect the relationship of the 
state's action or omission to take action to the carrying out of the FMP 
(including any amendment to such plan); and
    (iii) Any laws, regulations, or other materials that the state 
believes support the application.
    (2) Any such application received by the Secretary or notice issued 
to the State will be published in the Federal Register.
    (b) Informal response. The Secretary has sole discretion to accept 
or reject the application or response. If the Secretary accepts the 
application or rejects any responses and finds that the reasons for 
regulation of the fishery within the boundaries of the state no longer 
prevail, the Secretary will promptly terminate such regulation and 
publish in the Federal Register any regulatory amendments necessary to 
accomplish that end.
    (c) Hearing. The Secretary has sole discretion to direct the 
Administrator to schedule hearings for the receipt of evidence by an 
administrative law judge. Hearings before the administrative law judge 
to receive such evidence will be conducted in accordance with Sec. 
600.620. Upon conclusion of such hearings, the administrative law judge 
will certify the record and a recommended decision to the Secretary. If 
the Secretary, upon consideration of the state's application or any 
response to the notice published under Sec. 600.630(a)(2), the hearing 
record, the recommended decision, and any other relevant materials finds 
that the reasons for regulation of the fishery within the boundaries of 
the state no longer prevail, the Secretary will promptly terminate such 
regulation and publish in the Federal Register any regulatory amendments 
necessary to accomplish that end.



           Subpart H_General Provisions for Domestic Fisheries



Sec. 600.705  Relation to other laws.

    (a) General. Persons affected by these regulations should be aware 
that other Federal and state statutes and regulations may apply to their 
activities.

[[Page 89]]

Vessel operators may wish to refer to USCG regulations found in the Code 
of Federal Regulations title 33--Navigation and Navigable Waters and 
46--Shipping; 15 CFR part 904, subpart D--Permit Sanctions and Denials; 
and title 43--Public Lands (in regard to marine sanctuaries).
    (b) State responsibilities. Certain responsibilities relating to 
data collection and enforcement may be performed by authorized state 
personnel under a state/Federal agreement for data collection and a 
tripartite agreement among the state, the USCG, and the Secretary for 
enforcement.
    (c) Submarine cables. Fishing vessel operators must exercise due 
care in the conduct of fishing activities near submarine cables. Damage 
to the submarine cables resulting from intentional acts or from the 
failure to exercise due care in the conduct of fishing operations 
subjects the fishing vessel operator to the criminal penalties 
prescribed by the Submarine Cable Act (47 U.S.C. 21) which implements 
the International Convention for the Protection of Submarine Cables. 
Fishing vessel operators also should be aware that the Submarine Cable 
Act prohibits fishing operations at a distance of less than 1 nautical 
mile (1.85 km) from a vessel engaged in laying or repairing a submarine 
cable; or at a distance of less than 0.25 nautical mile (0.46 km) from a 
buoy or buoys intended to mark the position of a cable when being laid 
or when out of order or broken.
    (d) Marine mammals. Regulations governing exemption permits and the 
recordkeeping and reporting of the incidental take of marine mammals are 
set forth in part 229 of this title.
    (e) Halibut fishing. Fishing for halibut is governed by regulations 
of the International Pacific Halibut Commission set forth at part 300 of 
this title.
    (f) Marine sanctuaries. All fishing activity, regardless of species 
sought, is prohibited under 15 CFR part 924 in the U.S.S. Monitor Marine 
Sanctuary, which is located approximately 15 miles southwest of Cape 
Hatteras off the coast of North Carolina.



Sec. 600.710  Permits.

    Regulations pertaining to permits required for certain fisheries are 
set forth in the parts of this chapter governing those fisheries.



Sec. 600.715  Recordkeeping and reporting.

    Regulations pertaining to records and reports required for certain 
fisheries are set forth in the parts of this chapter governing those 
fisheries.



Sec. 600.720  Vessel and gear identification.

    Regulations pertaining to special vessel and gear markings required 
for certain fisheries are set forth in the parts of this chapter 
governing those fisheries.



Sec. 600.725  General prohibitions.

    It is unlawful for any person to do any of the following:
    (a) Possess, have custody or control of, ship, transport, offer for 
sale, sell, purchase, land, import, or export, any fish or parts thereof 
taken or retained in violation of the Magnuson-Stevens Act or any other 
statute administered by NOAA and/or any regulation or permit issued 
under the Magnuson-Stevens Act.
    (b) Transfer or attempt to transfer, directly or indirectly, any 
U.S.-harvested fish to any foreign fishing vessel, while such vessel is 
in the EEZ, unless the foreign fishing vessel has been issued a permit 
under section 204 of the Magnuson-Stevens Act, which authorizes the 
receipt by such vessel of U.S.- harvested fish.
    (c) Fail to comply immediately with enforcement and boarding 
procedures specified in Sec. 600.730.
    (d) Refuse to allow an authorized officer to board a fishing vessel 
or to enter areas of custody for purposes of conducting any search, 
inspection, or seizure in connection with the enforcement of the 
Magnuson-Stevens Act or any other statute administered by NOAA.
    (e) Dispose of fish or parts thereof or other matter in any manner, 
after any communication or signal from an authorized officer, or after 
the approach by an authorized officer or an enforcement vessel or 
aircraft.
    (f) Assault, resist, oppose, impede, intimidate, threaten, or 
interfere with any authorized officer in the conduct of

[[Page 90]]

any search, inspection, or seizure in connection with enforcement of the 
Magnuson-Stevens Act or any other statute administered by NOAA.
    (g) Interfere with, delay, or prevent by any means, the apprehension 
of another person, knowing that such person has committed any act 
prohibited by the Magnuson-Stevens Act or any other statute administered 
by NOAA.
    (h) Resist a lawful arrest for any act prohibited under the 
Magnuson-Stevens Act or any other statute administered by NOAA.
    (i) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, offer of sale, possession, transport, import, export, or transfer 
of any fish, or attempts to do any of the above.
    (j) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson-Stevens Act or any other 
statute administered by NOAA.
    (k) Fish in violation of the terms or conditions of any permit or 
authorization issued under the Magnuson-Stevens Act or any other statute 
administered by NOAA.
    (l) Fail to report catches as required while fishing pursuant to an 
exempted fishing permit.
    (m) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state or Federal 
regulations.
    (n) Trade, barter, or sell; or attempt to trade, barter, or sell 
fish possessed or retained while fishing pursuant to an authorization 
for an exempted educational activity.
    (o) Harass or sexually harass an authorized officer or an observer.
    (p) Fail to show proof of passing the USCG Commercial Fishing Vessel 
Safety Examination or the alternate NMFS safety equipment examination, 
or fail to maintain the vessel safety conditions necessary to pass the 
examination, when required by NMFS pursuant to Sec. 600.746.
    (q) Fail to display a Commercial Fishing Vessel Safety Examination 
decal or a valid certificate of compliance or inspection pursuant to 
Sec. 600.746.
    (r) Fail to provide to an observer, a NMFS employee, or a designated 
observer provider information that has been requested pursuant to Sec. 
600.746, or fail to allow an observer, a NMFS employee, or a designated 
observer provider to inspect any item described at Sec. 600.746.
    (s) Fish without an observer when the vessel is required to carry an 
observer.
    (t) Assault, oppose, impede, intimidate, or interfere with a NMFS-
approved observer.
    (u)(1) Prohibit or bar by command, impediment, threat, coercion, 
interference, or refusal of reasonable assistance, an observer from 
conducting his or her duties as an observer; or
    (2) Tamper with or destroy samples or equipment.
    (v) The use of any gear or participation in a fishery not on the 
following list of authorized fisheries and gear is prohibited after 
December 1, 1999. A fish, regardless whether targeted, may be retained 
only if it is taken within a listed fishery, is taken with a gear 
authorized for that fishery, and is taken in conformance with all other 
applicable regulations. Listed gear can only be used in a manner that is 
consistent with existing laws and regulations. The list of fisheries and 
authorized gear does not, in any way, alter or supersede any definitions 
or regulations contained elsewhere in this chapter. A person or vessel 
is prohibited from engaging in fishing or employing fishing gear when 
such fishing gear is prohibited or restricted by regulation under an FMP 
or other applicable law. However, after December 1, 1999, an individual 
fisherman may notify the appropriate Council, or the Director, in the 
case of Atlantic highly migratory species, of the intent to use a gear 
or participate in a fishery not already on the list. Ninety days after 
such notification, the individual may use the gear or participate in 
that fishery unless regulatory action is taken to prohibit the use of 
the gear or participate in the fishery (e.g., through emergency or 
interim regulations). The list of authorized fisheries and gear is as 
follows:

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------------------------------------------------------------------------
                 Fishery                       Authorized gear types
------------------------------------------------------------------------
            I. New England Fishery Management Council (NEFMC)
------------------------------------------------------------------------
 1. Atlantic Sea Scallop Fishery (FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Hand harvest fishery..............  C. Hand harvest.
    D. Recreational fishery..............  D. Hand harvest.
 2. Iceland Scallop Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
 3. Atlantic Salmon Fishery (FMP)          No harvest or possession in
                                            the EEZ.
 4. Striped Bass Fishery (Non-FMP)         No harvest or possession in
                                            the EEZ.
 5. Northeast (NE) Multispecies Fishery
 (FMP):
    A. NE multispecies sink gillnet        A. Gillnet.
     fishery.
    B. North Atlantic bottom trawl         B. Trawl.
     fishery.
    C. Groundfish hook and line fishery..  C. Longline, handline, rod
                                            and reel.
    D. Mixed species trap and pot fishery  D. Trap, pot.
    E. Dredge fishery....................  E. Dredge.
    F. Seine fishery.....................  F. Seine.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            spear.
 6. American Lobster Fishery (FMP):
    A. Lobster pot and trap fishery......  A. Pot, trap.
    B. North Atlantic bottom trawl         B. Trawl.
     fishery.
    C. Dredge fishery....................  C. Dredge.
    D. Hand harvest fishery..............  D. Hand harvest.
    E. Gillnet fishery...................  E. Gillnet.
    F. Recreational fishery..............  F. Pot, trap, hand harvest.
 7. Atlantic Herring Fishery (FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Purse seine fishery...............  B. Purse seine.
    C. Gillnet fishery...................  C. Gillnet.
    D. Herring pair trawl fishery........  D. Pair trawl.
    E. Dredge fishery....................  E. Dredge.
    F. Recreational fishery..............  F. Hook and line, gillnet.
 8. Spiny Dogfish Fishery (FMP jointly
 managed by MAFMC and NEFMC):
    A. Gillnet fishery...................  A. Gillnet.
    B. Trawl fishery.....................  B. Trawl.
    C. Hook and line fishery.............  C. Hook and line, rod and
                                            reel, spear.
    D. Dredge fishery....................  D. Dredge.
    E. Longline fishery..................  E. Longline.
    F. Recreational fishery..............  F. Hook and line, rod and
                                            reel, spear.
 9. Atlantic Bluefish Fishery (FMP
 managed by MAFMC):
    A. Pelagic longline and hook and line  A. Longline, handline.
     fishery.
    B. Seine fishery.....................  B. Purse seine, seine.
    C. Mixed species pot and trap fishery  C. Pot, trap.
    D. Bluefish, croaker, flounder trawl   D. Trawl.
     fishery.
    E. Gillnet fishery...................  E. Gillnet.
    F. Dredge fishery....................  F. Dredge.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            trap, pot, spear.
10. Atlantic Mackerel, Squid and
 Butterfish Fishery (FMP managed by the
 MAFMC):
    A. Mackerel, squid, and butterfish     A. Trawl.
     trawl fishery.
    B. Gillnet fishery...................  B. Gillnet.
    C. Longline and hook-and-line fishery  C. Longline, handline, rod
                                            and reel.
    D. Purse seine fishery...............  D. Purse seine.
    E. Mixed species pot and trap fishery  E. Pot, trap.
    F. Dredge fishery....................  F. Dredge.
    G. Dip net fishery...................  G. Dip net.
    H. Bandit gear fishery...............  H. Bandit gear.
    I. Recreational fishery..............  I. Rod and reel, handline,
                                            pot, spear.
11. Surf Clam and Ocean Quahog Fishery
 (FMP managed by the MAFMC):
    A. Commercial fishery................  A. Dredge, hand harvest.
    B. Recreational fishery..............  B. Hand harvest.
12. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery...............  A. Purse seine.
    B. Trawl fishery.....................  B. Trawl.
    C. Gillnet fishery...................  C. Gillnet.
    D. Commercial hook-and-line fishery..  D. Hook and line.
    E. Recreational fishery..............  E. Hook and line, snagging,
                                            cast nets.
13. Weakfish Fishery (Non-FMP):
    A. Commercial fishery................  A. Trawl, gillnet, hook and
                                            line.
    B. Recreational fishery..............  B. Hook and line, spear.

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14. Atlantic Mussel and Sea Urchin
 Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Hand harvest fishery..............  B. Hand harvest.
    C. Recreational fishery..............  C. Hand harvest.
15. Atlantic Skate Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Gillnet fishery...................  B. Gillnet.
    C. Hook-and-line fishery.............  C. Longline and handline.
    D. Dredge fishery....................  D. Dredge.
    E. Recreational fishery..............  E. Rod and reel.
16. Crab Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Trap and pot fishery..............  C. Trap, pot.
17. Northern Shrimp Fishery (Non-FMP):
    A. Shrimp trawl fishery..............  A. Trawl.
    B. Shrimp pot fishery................  B. Pot.
18. Monkfish Fishery (FMP jointly managed
 by NEFMC and MAFMC):
    A. Trawl fishery.....................  A. Trawl.
    B. Gillnet fishery...................  B. Gillnet.
    C. Longline fishery..................  C. Longline.
    D. Dredge fishery....................  D. Dredge.
    E. Trap and pot fishery..............  E. Trap, pot.
    F. Recreational fishery..............  F. Rod and reel, spear.
19. Summer Flounder, Scup, Black Sea Bass
 Fishery (FMP managed by MAFMC):
    A. Trawl fishery.....................  A. Trawl.
    B. Longline and hook and line fishery  B. Longline, handline.
    C. Mixed species pot and trap fishery  C. Pot, trap.
    D. Gillnet fishery...................  D. Gillnet.
    E. Dredge fishery....................  E. Dredge.
    F. Recreational fishery..............  F. Rod and reel, handline,
                                            pot, trap, spear.
20. Hagfish Fishery (Non-FMP)              Trap, pot.
21. Tautog Fishery (Non-FMP):
    A. Gillnet fishery...................  A. Gillnet.
    B. Pot and trap fishery..............  B. Pot, trap.
    C. Rod and reel, hook and line         C. Rod and reel, handline,
     fishery.                               hook and line.
    D. Trawl fishery.....................  D. Trawl.
    E. Spear fishery.....................  E. Spear.
    F. Fyke net fishery..................  F. Fyke net.
    G. Recreational fishery..............  G. Rod and reel, hook and
                                            line, handline, spear.
22. Recreational Fishery (Non-FMP)         Rod and reel, handline,
                                            spear, hook and line, hand
                                            harvest, bandit gear,
                                            powerhead, gillnet, cast
                                            net, pot, trap, dip net,
                                            bully net, snare.
23. Commercial Fishery (Non-FMP)           Trawl, pot, trap, gillnet,
                                            pound net, dredge, seine,
                                            handline, longline, hook and
                                            line, rod and reel, hand
                                            harvest, purse seine, spear,
                                            bandit gear, powerhead, dip
                                            net, bully net, snare, cast
                                            net, barrier net, slurp gun,
                                            allowable chemicals.
24. Dolphin/wahoo fishery (FMP managed by  Automatic reel, bandit gear,
 SAFMC)                                     handline, pelagic longline,
                                            rod and reel, spear
                                            (including powerheads).
------------------------------------------------------------------------
           II. Mid-Atlantic Fishery Management Council (MAFMC)
------------------------------------------------------------------------
 1. Summer Flounder, Scup, Black Sea Bass
 Fishery (FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Pelagic longline and hook and line  B. Longline, handline, rod
     fishery.                               and reel.
    C. Mixed species pot and trap fishery  C. Pot, trap.
    D. Gillnet fishery...................  D. Gillnet.
    E. Dredge fishery....................  E. Dredge.
    F. Recreational fishery..............  F. Rod and reel, handline,
                                            pot, trap, spear.
 2. Atlantic Bluefish Fishery (FMP):
    A. Bluefish, croaker, and flounder     A. Trawl.
     trawl fishery.
    B. Pelagic longline and hook and line  B. Longline, handline, bandit
     fishery.                               gear, rod and reel.
    C. Mixed species pot and trap fishery  C. Pot, trap.
    D. Gillnet fishery...................  D. Gillnet.
    E. Seine fishery.....................  E. Purse seine, seine.
    F. Dredge fishery....................  F. Dredge.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            trap, pot, spear.
 3. Atlantic Mackerel, Squid, and
 Butterfish Fishery (FMP):
    A. Mackerel, squid, and butterfish     A. Trawl.
     trawl fishery.
    B. Gillnet fishery...................  B. Gillnet.
    C. Longline and hook-and-line fishery  C. Longline, handline, rod
                                            and reel.

[[Page 93]]

 
    D. Purse seine fishery...............  D. Purse seine.
    E. Mixed species pot and trap fishery  E. Pot, trap.
    F. Dredge fishery....................  F. Dredge.
    G. Dip net fishery...................  G. Dip net.
    H. Bandit gear fishery...............  H. Bandit gear.
    I. Recreational fishery..............  I. Rod and reel, handline,
                                            pot, spear.
 4. Surf Clam and Ocean Quahog Fishery
 (FMP):
    A. Commercial fishery................  A. Dredge, hand harvest.
    B. Recreational fishery..............  B. Hand harvest.
 5. Atlantic Sea Scallop Fishery (FMP
 managed by NEFMC):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Hand harvest fishery..............  C. Hand harvest.
    D. Recreational fishery..............  D. Hand harvest.
 6. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery...............  A. Purse seine.
    B. Trawl fishery.....................  B. Trawl.
    C. Gillnet fishery...................  C. Gillnet.
    D. Commercial hook-and-line fishery..  D. Hook and line.
    E. Recreational fishery..............  E. Hook and line, snagging,
                                            cast nets.
 7. Striped Bass Fishery (Non-FMP)         No harvest or possession in
                                            the EEZ.
 8. Northern Shrimp Trawl Fishery (Non-    Trawl.
 FMP)
 9. American Lobster Fishery (FMP managed
 by NEFMC):
    A. Pot and trap fishery..............  A. Pot, trap.
    B. Hand harvest fishery..............  B. Hand harvest.
    C. Trawl fishery.....................  C. Trawl.
    D. Dredge fishery....................  D. Dredge.
    E. Gillnet fishery...................  E. Gillnet.
    F. Recreational fishery..............  F. Pot, trap, hand harvest.
10. Weakfish Fishery (Non-FMP):
    A. Commercial fishery................  A. Trawl, gillnet, hook and
                                            line, rod and reel.
    B. Recreational fishery..............  B. Hook and line, spear.
11. Whelk Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Pot and trap fishery..............  B. Pot, trap.
    C. Dredge............................  C. Dredge.
    D. Pound net, gillnet, seine.........  D. Pound net, gillnet, seine.
    E. Recreational fishery..............  E. Hand harvest.
12. Monkfish Fishery (FMP jointly managed
 by NEFMC and MAFMC):
    A. Trawl fishery.....................  A. Trawl.
    B. Longline fishery..................  B. Longline, rod and reel.
    C. Gillnet fishery...................  C. Gillnet.
    D. Dredge fishery....................  D. Dredge.
    E. Trap and pot fishery..............  E. Trap and pot.
    F. Recreational fishery..............  F. Rod and reel, spear.
13. Tilefish Fishery (Non-FMP):
    A. Groundfish hook-and-line fishery..  A. Longline, handline, rod
                                            and fishery reel.
    B. Trawl fishery.....................  B. Trawl.
    C. Recreational fishery..............  C. Rod and reel, spear.
14. Spiny Dogfish Fishery (FMP jointly
 managed by MAFMC and NEFMC):
    A. Gillnet fishery...................  A. Gillnet.
    B. Trawl fishery.....................  B. Trawl.
    C. Hook and line fishery.............  C. Hook and line, rod and
                                            reel, spear.
    D. Dredge fishery....................  D. Dredge.
    E. Longline fishery..................  E. Longline.
    F. Recreational fishery..............  F. Hook and line, rod and
                                            reel, spear.
15. Tautog Fishery (Non-FMP):
    A. Gillnet fishery...................  A. Gillnet.
    B. Pot and trap fishery..............  B. Pot, trap.
    C. Rod and reel, hook and line         C. Rod and reel, hook and
     handline fishery.                      line, handline.
    D. Trawl fishery.....................  D. Trawl.
    E. Spear fishery.....................  E. Spear.
    F. Fyke net fishery..................  F. Fyke net.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            hook and line, spear.
16. Coastal Gillnet Fishery (Non-FMP)      Gillnet
17. Recreational Fishery (Non-FMP)         Rod and reel, handline,
                                            spear, hook and line, hand
                                            harvest, bandit gear,
                                            powerhead, gillnet, cast
                                            net.
18. NE Multispecies Fishery (FMP managed
 by NEFMC):
    A. NE multispecies sink gillnet        A. Gillnet.
     fishery.
    B. North Atlantic bottom trawl         B. Trawl.
     fishery.
    C. Groundfish hook and line..........  C. Longline, handline, rod
                                            and fishery reel.
    D. Mixed species trap and pot fishery  D. Trap, pot.
    E. Dredge fishery....................  E. Dredge.

[[Page 94]]

 
    F. Seine fishery.....................  F. Seine.
    G. Recreational fishery..............  G. Rod and reel, handline,
                                            spear.
19. Atlantic Skate Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Gillnet fishery...................  B. Gillnet.
    C. Hook-and-line fishery.............  C. Longline and handline.
    D. Dredge fishery....................  D. Dredge.
    E. Recreational fishery..............  E. Rod and reel.
20. Crab Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Trap and pot fishery..............  C. Trap, pot.
21. Atlantic Herring Fishery (FMP managed
 by the NEFMC):
    A. Trawl fishery.....................  A. Trawl.
    B. Purse seine fishery...............  B. Purse seine.
    C. Gillnet fishery...................  C. Gillnet.
    D. Herring pair trawl fishery........  D. Pair trawl.
    E. Dredge fishery....................  E. Dredge.
    F. Recreational fishery..............  F. Hook and line, gillnet.
22. South Atlantic Snapper-Grouper
 Fishery (FMP managed by the SAFMC):
    A. Commercial fishery................  A. Longline, rod and reel,
                                            bandit gear, handline,
                                            spear, powerhead.
    B. Black sea bass trap and pot         B. Pot, trap.
     fishery.
    C. Wreckfish fishery.................  C. Rod and reel, bandit gear,
                                            handline.
    D. Recreational fishery..............  D. Handline, rod and reel,
                                            bandit gear, spear,
                                            powerhead.
23. South Atlantic Coastal Migratory
 Pelagics Fishery (FMP managed by the
 SAFMC):
    A. Commercial Spanish mackerel         A. Handline, rod and reel,
     fishery.                               bandit gear, gillnet, cast
                                            net.
    B. Commercial king mackerel fishery..  B. Handline, rod and reel,
                                            bandit gear.
    C. Other commercial coastal migratory  C. Longline, handline, rod
     pelagics fishery.                      and reel, bandit gear.
    D. Recreational fishery..............  D. Bandit gear, rod and reel,
                                            handline, spear.
24. Calico Scallops Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Dredge fishery....................  B. Dredge.
    C. Recreational fishery..............  C. Hand harvest.
25. Sargassum Fishery (Non-FMP)            Trawl.
26. South Atlantic Shrimp Fishery (FMP)    Trawl.
27. Commercial Fishery (Non-FMP)           Trawl, pot, trap, gillnet,
                                            pound net, dredge, seine,
                                            handline, longline, hook and
                                            line, rod and reel, spear.
28. Dolphin/wahoo fishery (FMP managed by  Automatic reel, bandit gear,
 SAFMC)                                     handline, pelagic longline,
                                            rod and reel, spear
                                            (including powerheads).
------------------------------------------------------------------------
             III. South Atlantic Fishery Management Council
------------------------------------------------------------------------
 1. Golden Crab Fishery (FMP)              Trap.
 2. Crab Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Trap and pot fishery..............  C. Trap, pot.
 3. Atlantic Red Drum Fishery (FMP)        No harvest or possession in
                                            the EEZ.
 4. Coral and Coral Reef Fishery (FMP):
    A. Octocoral commercial fishery......  Hand harvest.
    B. Live rock aquaculture fishery.....  Hand harvest.
 5. South Atlantic Shrimp Fishery (FMP)    Trawl.
 6. South Atlantic Snapper-Grouper
 Fishery (FMP):
    A. Commercial fishery................  A. Longline, rod and reel,
                                            bandit gear, handline,
                                            spear, powerhead.
    B. Black sea bass pot fishery........  B. Pot.
    C. Wreckfish fishery.................  C. Rod and reel, bandit gear,
                                            handline.
    D. Recreational fishery..............  D. Handline, rod and reel,
                                            bandit gear, spear,
                                            powerhead.
 7. South Atlantic Spiny Lobster Fishery
 (FMP):
    A. Commercial fishery................  A. Trap, pot, dip net, bully
                                            net, snare, hand harvest.
    B. Recreational fishery..............  B. Trap, pot, dip net, bully
                                            net, snare, hand harvest.
 8. South Atlantic Coastal Migratory
 Pelagics Fishery (FMP):
    A. Commercial Spanish mackerel         A. Handline, rod and reel,
     fishery.                               bandit gear, gillnet, cast
                                            net.
    B. Commercial king mackerel fishery..  B. Handline, rod and reel,
                                            bandit gear.
    C. Other commercial coastal migratory  C. Longline, handline, rod
     pelagics fishery.                      and reel, bandit gear.

[[Page 95]]

 
    D. Recreational fishery..............  D. Bandit gear, rod and reel,
                                            handline, spear.
 9. Spiny Dogfish Fishery (FMP jointly
 managed by NEFMC and SAFMC):
    A. Gillnet fishery...................  A. Gillnet.
    B. Trawl fishery.....................  B. Trawl.
    C. Hook and line fishery.............  C. Hook and line, rod and
                                            reel, spear, bandit gear.
    D. Dredge fishery....................  D. Dredge.
    E. Longline fishery..................  E. Longline.
    F. Recreational fishery..............  F. Hook and line, rod and
                                            reel, spear.
10. Smooth Dogfish Fishery (Non-FMP):
    A. Gillnet fishery...................  A. Gillnet.
    B. Trawl fishery.....................  B. Trawl.
    C. Hook and line fishery.............  C. Hook and line, rod and
                                            reel, spear, bandit gear.
    D. Dredge fishery....................  D. Dredge.
    E. Longline fishery..................  E. Longline.
    F. Recreational fishery..............  F. Hook and line, rod and
                                            reel, spear.
11. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery...............  A. Purse seine.
    B. Trawl fishery.....................  B. Trawl.
    C. Gillnet fishery...................  C. Gillnet.
    D. Commercial hook-and-line..........  D. Hook and line fishery.
    E. Recreational fishery..............  E. Hook and line, snagging,
                                            cast nets.
12. Atlantic Mackerel, Squid, and          Trawl.
 Butterfish Trawl Fishery (Non-FMP)
13. Bait Fisheries (Non-FMP)               Purse seine.
14. Weakfish Fishery (Non-FMP):
    A. Commercial fishery................  A. Trawl, gillnet, hook and
                                            line.
    B. Recreational fishery..............  B. Hook and line, spear.
15. Whelk Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Pot and trap fishery..............  B. Pot, trap.
    C. Dredge fishery....................  C. Dredge.
    D. Recreational fishery..............  D. Hand harvest.
16. Marine Life Aquarium Fishery (Non-     Dip net, slurp gun, barrier
 FMP)                                       net, drop net, allowable
                                            chemical, trap, pot, trawl.
17. Calico Scallop Fishery (Non-FMP):
    A. Dredge fishery....................  A. Dredge.
    B. Trawl fishery.....................  B. Trawl.
    C. Recreational fishery..............  C. Hand harvest.
18. Summer Flounder Fishery (FMP managed
 by MAFMC):
    A. Commercial fishery................  A. Trawl, longline, handline,
                                            rod and reel, pot, trap,
                                            gillnet, dredge.
    B. Recreational fishery..............  B. Rod and reel, handline,
                                            pot, trap, spear.
19. Bluefish, Croaker, and Flounder Trawl  Trawl, gillnet.
 and Gillnet Fishery (Bluefish FMP
 managed by MAFMC)
20. Commercial Fishery (Non-FMP)           Trawl, gillnet, longline,
                                            handline, hook and line, rod
                                            and reel, bandit gear, cast
                                            net, pot, trap, lampara net,
                                            spear.
21. Recreational Fishery (Non-FMP)         Rod and reel, handline,
                                            spear, hook and line, hand
                                            harvest, bandit gear,
                                            powerhead, gillnet, cast
                                            net.
22. Sargassum Fishery (Non-FMP)            Trawl.
23. Octopus Fishery (Non-FMP)              Trap, pot.
24. Dolphin/wahoo fishery (FMP)            Automatic reel, bandit gear,
                                            handline, pelagic longline,
                                            rod and reel, spear
                                            (including powerheads).
------------------------------------------------------------------------
              IV. Gulf of Mexico Fishery Management Council
------------------------------------------------------------------------
 1. Gulf of Mexico Red Drum Fishery (FMP)  No harvest or possession in
                                            the EEZ.
 2. Coral Reef Fishery (FMP):
    A. Commercial fishery................  A. Hand harvest.
    B. Recreational fishery..............  B. Hand harvest.
 3. Gulf of Mexico Reef Fish Fishery
 (FMP):
    A. Snapper-Grouper reef fish longline  A. Longline, handline, bandit
     and hook and line fishery.             gear, rod and reel, buoy
                                            gear.
    B. Other commercial fishery..........  B. Spear, powerhead, cast
                                            net, trawl.
    C. Recreational fishery..............  C. Spear, powerhead, bandit
                                            gear, handline, rod reel,
                                            cast net.
 4. Gulf of Mexico Shrimp Fishery (FMP):
    A. Gulf of Mexico commercial fishery.  A. Trawl butterfly net,
                                            skimmer, cast net.
    B. Recreational fishery..............  B. Trawl.
 5. Gulf of Mexico Coastal Migratory
 Pelagics Fishery (FMP):
    A. Large pelagics longline fishery...  A. Longline.
    B. King/Spanish mackerel gillnet       B. Gillnet.
     fishery.
    C. Pelagic hook and line fishery.....  C. Bandit gear, handline, rod
                                            and reel.

[[Page 96]]

 
    D. Pelagic species purse seine         D. Purse seine.
     fishery.
    E. Recreational fishery..............  E. Bandit gear, handline, rod
                                            and reel, spear.
 Gulf of Mexico Spiny Lobster Fishery
 (FMP):
    A. Commercial fishery................  A. Trap, pot, dip net, bully
                                            net, hoop net, trawl, snare,
                                            hand harvest.
    C. Recreational fishery..............  C. Dip net, bully net, pot,
                                            trap, snare, hand harvest.
 6. Stone Crab Fishery (FMP):
    A. Trap and pot fishery..............  A. Trap, pot
    B. Recreational fishery..............  B. Trap, pot, hand harvest.
 7. Blue Crab Fishery (Non-FMP)            Trap, pot.
 8. Golden Crab Fishery (Non-FMP)          Trap.
 9. Mullet Fishery (Non-FMP):
    A. Trawl fishery.....................  A. Trawl.
    B. Gillnet fishery...................  B. Gillnet.
    C. Pair trawl fishery................  C. Pair trawl.
    D. Cast net fishery..................  D. Cast net.
    E. Recreational fishery..............  E. Bandit gear, handline, rod
                                            and reel, spear, cast net.
10. Inshore Coastal Gillnet Fishery (Non-  Gillnet.
 FMP)
11. Octopus Fishery (Non-FMP)              Trap, pot.
12. Marine Life Aquarium Fishery (Non-     Dip net, slurp gun, barrier
 FMP)                                       net, drop net, allowable
                                            chemical, trap, pot, trawl.
13. Coastal Herring Trawl Fishery (Non-    Trawl.
 FMP)
14. Butterfish Trawl Fishery (Non-FMP)     Trawl.
15. Gulf of Mexico Groundfish (Non-FMP):
    A. Commercial fishery................  A. Trawl, purse seine,
                                            gillnet.
    B. Recreational fishery..............  B. Hook and line, rod and
                                            reel, spear.
16. Gulf of Mexico Menhaden Purse Seine    Purse seine.
 Fishery (Non-FMP)
17. Sardine Purse Seine Fishery (Non-FMP)  Purse seine.
18. Oyster Fishery (Non-FMP)               Dredge, tongs.
19. Commercial Fishery (Non-FMP)           Trawl, gillnet, hook and
                                            line, longline, handline,
                                            rod and reel, bandit gear,
                                            cast net, lampara net,
                                            spear.
20. Recreational Fishery (Non-FMP)         Bandit gear, handline, rod
                                            and reel, spear, bully net,
                                            gillnet, dip net, longline,
                                            powerhead, seine, slurp gun,
                                            trap, trawl, harpoon, cast
                                            net, hoop net, hook and
                                            line, hand harvest.
------------------------------------------------------------------------
                 V. Caribbean Fishery Management Council
------------------------------------------------------------------------
 1. Caribbean Spiny Lobster Fishery
 (FMP):
    A. Trap/pot fishery..................  A. Trap/pot.
    B. Dip net fishery...................  B. Dip net.
    C. Hand harvest fishery..............  C. Hand harvest, snare.
    D. Recreational fishery..............  D. Dip net, trap, pot.
 2. Caribbean Shallow Water Reef Fish
 Fishery (FMP):
    A. Longline/hook and line fishery....  A. Longline, hook and line.
    B. Trap/pot fishery..................  B. Trap, pot.
    C. Recreational fishery..............  C. Dip net, handline, rod and
                                            reel, slurp gun, spear.
 3. Coral and Reef Resources Fishery
 (FMP):
    A. Commercial fishery................  A. Dip net, slurp gun.
    B. Recreational fishery..............  B. Dip net, slurp gun, hand
                                            harvest.
 4. Queen Conch Fishery (FMP):
    A. Commercial fishery................  A. Hand harvest.
    B. Recreational fishery..............  B. Hand harvest.
 5. Caribbean Pelagics Fishery (Non-FMP):
    A. Pelagics drift gillnet fishery....  A. Gillnet.
    B. Pelagics longline/hook and line     B. Longline/hook and line.
     fishery.
    C. Recreational fishery..............  C. Spear, handline, longline,
                                            rod and reel.
 6. Commercial Fishery (Non-FMP)           Trawl, gillnet, hook and
                                            line, longline, handline,
                                            rod and reel, bandit gear,
                                            cast net, spear.
 7. Recreational Fishery (Non-FMP)         Rod and reel, hook and line,
                                            spear, powerhead, handline,
                                            hand harvest, cast net.
------------------------------------------------------------------------
                 VI. Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Washington, Oregon, and California
 Salmon Fisheries (FMP):
    A. Salmon set gillnet fishery........  A. Gillnet.
    B. Salmon hook and line fishery......  B. Hook and line.
    C. Trawl fishery.....................  C. Trawl.
    D. Recreational fishery..............  D. Rod and reel.
 2. West Coast Groundfish Fisheries
 (FMP):
    A. Pacific groundfish trawl fishery..  A. Trawl.
    B. Set gillnet fishery...............  B. Gillnet.
    C. Groundfish longline and setline     C. Longline.
     fishery.

[[Page 97]]

 
    D. Groundfish handline and hook and    D. Handline, hook and line.
     line fishery.
    E. Groundfish pot and trap fishery...  E. Pot, trap.
    F. Recreational fishery..............  F. Rod and reel, handline,
                                            spear, hook and line.
 3. Northern Anchovy Fishery (FMP)         Purse seine, lampara net.
 4. Angel Shark, White Croaker,            Gillnet.
 California Halibut, White Sea Bass,
 Pacific Mackerel Large-Mesh Set Net
 Fishery (Non-FMP)
 5. Thresher Shark and Swordfish Drift     Gillnet.
 Gillnet Fishery (Non-FMP)
 6. Pacific Shrimp and Prawn Fishery (Non-
 FMP):
    A. Pot and trap fishery..............  A. Pot, trap.
    B. Trawl fishery.....................  B. Trawl.
 7. Lobster and Rock Crab Pot and Trap     Pot, trap.
 Fishery (Non-FMP)
 8. Pacific Halibut Fishery (Non-FMP):
    A. Longline and setline fishery......  A. Longline.
    B. Hook-and-line fishery.............  B. Hook and line.
 9. California Halibut Trawl and Trammel   Trawl, trammel net.
 Net Fishery
10. Shark and Bonito Longline and Setline  Longline.
 Fishery (Non-FMP)
11. Dungeness Crab Pot and Trap Fishery    Pot, trap.
 (Non-FMP)
12. Hagfish Pot and Trap Fishery (Non-     Pot, trap.
 FMP)
13. Pacific Albacore and Other Tuna Hook-  Hook and line.
 and-line Fishery (Non-FMP)
14. Pacific Swordfish Harpoon Fishery      Harpoon.
 (Non-FMP)
15. Pacific Scallop Dredge Fishery (Non-   Dredge.
 FMP)
16. Pacific Yellowfin, Skipjack Tuna,      Purse seine.
 Purse Seine Fishery, (Non-FMP)
17. Market Squid Fishery (Non-FMP)         Purse seine, dip net.
18. Pacific Sardine, Pacific Mackerel,     Purse seine.
 Pacific Saury, Pacific Bonito, and Jack
 Mackerel Purse Seine Fishery (Non-FMP)
19. Finfish and Shellfish Live Trap, Hook- Trap, handline, hook and
 and-line, and Handline Fishery (Non-FMP)   line.
20. Recreational Fishery (Non-FMP)         Spear, trap, handline, pot,
                                            hook and line, rod and reel,
                                            hand harvest.
21. Commercial Fishery (Non-FMP)           Trawl, gillnet, hook and
                                            line, longline, handline,
                                            rod and reel, bandit gear,
                                            cast net, spear.
------------------------------------------------------------------------
              VII. North Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Alaska Scallop Fishery (FMP)           Dredge.
 2. Bering Sea (BS) and Aleutian Islands
 (AI) King and Tanner Crab Fishery (FMP):
    Pot fishery..........................  Pot.
 3. Bering Sea (BS) and Aleutian Islands
 (AI) King and Tanner Crab Fishery (FMP):
    Recreational fishery.................  Pot.
 4. BS and AI Groundfish Fishery (FMP):
    A. Groundfish trawl fishery..........  A. Trawl.
    B. Bottomfish hook-and-line, and       B. Hook and line, handline.
     handline fishery.
    C. Longline fishery..................  C. Longline.
    D. BS and AI pot and trap fishery....  D. Pot, trap.
 5. BS and AI Groundfish Recreational      Handline, rod and reel, hook
 Fishery (Non-FMP)                          and line, pot, trap.
 6. Gulf of Alaska (GOA) Groundfish
 Fishery (FMP):
    A. Groundfish trawl fishery..........  A. Trawl.
    B. Bottomfish hook-and-line and        B. Hook and line, handline.
     handline fishery.
    C. Longline fishery..................  C. Longline.
    D. GOA pot and trap fishery..........  D. Pot, trap.
    E. Recreational fishery..............  E. Handline, rod and reel,
                                            hook and line, pot, trap.
 7. Pacific Halibut Fishery (Non-FMP):
    A. Commercial (IFQ and CDQ)..........  A. Hook and line.
    B. Recreational......................  B. Single line with no more
                                            than 2 hooks attached or
                                            spear.
    C. Subsistence.......................  C. Setline gear and hand held
                                            gear of not more than 30
                                            hooks, including longline,
                                            handline, rod and reel,
                                            spear, jig, and hand-troll
                                            gear.
 8. Alaska High Seas Salmon Hook and Line
 Fishery:
    (FMP)................................  Hook and line.
 9. Alaska Salmon Fishery (Non-FMP):
    A. Hook-and-line fishery.............  A. Hook and line.
    B. Gillnet fishery...................  B. Gillnet.
    C. Purse seine fishery...............  C. Purse seine.
    D. Recreational fishery..............  D. Handline, rod and reel,
                                            hook and line.
10. Finfish Purse Seine Fishery (Non-FMP)  Purse seine.
11. Octopus/Squid Longline Fishery (Non-   Longline.
 FMP)
12. Finfish Handline and Hook-and-line     Handline, hook and line.
 Fishery (Non-FMP)
13. Recreational Fishery (Non-FMP)         Handline, rod and reel, hook
                                            line.
14. Commercial Fishery (Non-FMP)           Trawl, gillnet, hook and
                                            line, longline, handline,
                                            rod and reel, bandit gear,
                                            cast net, spear.
------------------------------------------------------------------------

[[Page 98]]

 
            VIII. Western Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Western Pacific Crustacean Fishery     Trap, hand harvest, hoop net.
 (FMP)
 2. Western Pacific Crustacean Fishery
 (Non-FMP):
    A. Commercial fishery................  A. Gillnet, hand harvest,
                                            hoop net, spear, snare,
                                            trap, trawl.
    B. Recreational fishery..............  B. Gillnet, hand harvest,
                                            hoop net, spear, snare,
                                            trap.
    C. Charter fishery...................  C. Hand harvest, spear.
 3. Western Pacific Precious Corals
 Fishery (FMP):
    A. Tangle net dredge fishery.........  A. Tangle net dredge.
    B. Submersible fishery...............  B. Submersible.
    C. Dive fishery......................  C. Hand harvest.
    D. Recreational fishery..............  D. Hand harvest.
 4. Western Pacific Precious Corals        Hand harvest, submersible,
 Fishery (Non-FMP)                          tangle net dredge.
 5. Western Pacific Bottomfish and
 Seamount Groundfish Fishery (FMP):
    A. Bottomfish hook-and-line fishery..  A. Bandit gear, buoy gear,
                                            handline, hook and line, rod
                                            and reel, hand harvest.
    B. Seamount groundfish fishery.......  B. Longline, trawl.
    C. Bottom longline fishery...........  C. Longline, hook and line.
    D. Trap fishery......................  D. Trap.
    E. Spear fishery.....................  E. Spear, powerhead.
 6. Western Pacific Bottomfish and
 Seamount Groundfish Fishery (Non-FMP):
    A. Commercial fishery................  A. Bandit gear, buoy gear,
                                            gillnet, handline, hook-and-
                                            line, longline, rod and
                                            reel, spear, trap.
    B. Recreational fishery..............  B. Bandit gear, buoy gear,
                                            Gillnet, handline, hook and
                                            line, longline, rod and
                                            reel, spear, trap, slurp
                                            gun, hand harvest.
    C. Charter fishery...................  C. Bandit gear, buoy gear,
                                            handline, hook-and-line, rod
                                            and reel, spear.
 7. Western Pacific Pelagics Fishery
 (FMP):
    A. Longline Fisher...................  A. Longline.
    B. Hook and line fishery.............  B. Bandit gear, buoy gear,
                                            handline, hook and line, rod
                                            and reel.
    C. Purse seine fishery...............  C. Lampara net, purse seine.
    D. Spear fishery.....................  D. Spear, powerhead.
 8. Western Pacific Pelagics Fishery (Non-
 FMP):
    A. Recreational fishery..............  A. Bandit gear, buoy gear,
                                            dip net, handline, hook and
                                            line, hoop net, powerhead,
                                            rod and real, spear.
    B. Commercial fishery................  B. Bandit gear, buoy gear,
                                            dip net, handline, hook and
                                            line, hoop net, powerhead,
                                            rod and reel, spear.
    C. Charter fishery...................  C. Bandit gear, buoy gear,
                                            dip net, handline, hook and
                                            line, hoop net, powerhead,
                                            rod and reel, spear.
 9. Western Pacific Coastal Pelagics       Bandit gear, buoy gear, dip
 Fishery (Non-FMP)                          net, gillnet, handline, hook
                                            and line, hoop net, lampara
                                            net, purse seine, rod and
                                            reel, spear.
10. Western Pacific Squid and Octopus      Bandit gear, hand harvest,
 Fishery (Non-FMP)                          hook and line, rod and reel,
                                            spear, trap.
11. Western Pacific Coral Reef Fishery     Allowable chemical, barrier
 (Non-FMP)                                  net, dip net, gillnet, hand
                                            harvest, seine, slurp gun,
                                            trap, spear, rod and reel,
                                            hook and line.
12. Recreational Fishery (Non-FMP)         Rod and reel, hook and line,
                                            handline, hand harvest,
                                            spear.
13. Commercial Fishery (Non-FMP)           Trawl, gillnet, hook and
                                            line, longline, handline,
                                            rod and reel, bandit gear,
                                            cast net, spear.
------------------------------------------------------------------------
                        IX. Secretary of Commerce
------------------------------------------------------------------------
 1. Atlantic Highly Migratory Species
 Fisheries (FMP):
    A. Swordfish handgear fishery........  A. Rod and reel, harpoon,
                                            handline, bandit gear, buoy
                                            gear.
    B. Swordfish recreational fishery....  B. Rod and reel, handline.
    C. Pelagic longline fishery..........  C. Longline.
    D. Shark gillnet fishery.............  D. Gillnet
    E. Shark bottom longline fishery.....  E. Longline.
    F. Shark handgear fishery............  F. Rod and reel, handline,
                                            bandit gear.
    G. Shark recreational fishery........  G. Rod and reel, handline.
    H. Tuna purse seine fishery..........  H. Purse seine.
    I. Tuna recreational fishery.........  I. Speargun gear (for bigeye,
                                            albacore, yellowfin, and
                                            skipjack tunas only); Rod
                                            and reel, handline (all
                                            tunas); green-stick gear
                                            (HMS Charter/Headboat
                                            Category only).
    J. Tuna handgear fishery.............  J. Rod and reel, harpoon,
                                            handline, bandit gear.

[[Page 99]]

 
    K. Tuna harpoon fishery..............  K. Harpoon.
    L. Atlantic billfish recreational      L. Rod and reel.
     fishery.
    M. Tuna green-stick fishery..........  M. Green-stick gear.
2. Commercial Fisheries (Non-FMP)          Rod and reel, handline,
                                            longline, gillnet, harpoon,
                                            bandit gear, purse seine,
                                            green-stick gear.
------------------------------------------------------------------------

    (w) Fail to maintain safe conditions for the protection of observers 
including compliance with all U.S. Coast Guard and other applicable 
rules, regulations, or statutes applicable to the vessel and which 
pertain to safe operation of the vessel.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 27217; May 18, 1998; 64 FR 4037, Jan. 27, 1999; 64 FR 29134, May 28, 
1999; 64 FR 67516, Dec. 2, 1999; 68 FR 18161, Apr. 15, 2003; 68 FR 
26230, May 15, 2003; 68 FR 74784, Dec. 24, 2003; 69 FR 30240, May 27, 
2004; 70 FR 62080, Oct. 28, 2005; 71 FR 58163, Oct. 2, 2006; 72 FR 
61818, Nov. 1, 2007; 73 FR 409, Jan. 3, 2008; 73 FR 54733, Sept. 23, 
2008]



Sec. 600.730  Facilitation of enforcement.

    (a) General. The operator of, or any other person aboard, any 
fishing vessel subject to parts 622 through 699 of this chapter must 
immediately comply with instructions and signals issued by an authorized 
officer to stop the vessel and with instructions to facilitate safe 
boarding and inspection of the vessel, its gear, equipment, fishing 
record (where applicable), and catch for purposes of enforcing the 
Magnuson-Stevens Act or any other statute administered by NOAA and this 
chapter.
    (1) For the purposes of this section ``freeboard'' means the working 
distance between the top rail of the gunwale of a vessel and the water's 
surface. Where cut-outs are provided in the bulwarks for the purpose of 
boarding personnel, freeboard means the distance between the threshold 
of the bulwark cut-out and the water's surface.
    (2) For the purposes of this section, ``pilot ladder'' means a 
flexible ladder constructed and approved to meet the U.S. Coast Guard 
standards for pilot ladders at 46 CFR subpart 163.003 entitled Pilot 
Ladder.
    (b) Communications. (1) Upon being approached by a USCG vessel or 
aircraft, or other vessel or aircraft with an authorized officer aboard, 
the operator of a fishing vessel must be alert for communications 
conveying enforcement instructions.
    (2) VHF-FM radiotelephone is the preferred method for communicating 
between vessels. If the size of the vessel and the wind, sea, and 
visibility conditions allow, a loudhailer may be used instead of the 
radio. Hand signals, placards, high frequency radiotelephone, or voice 
may be employed by an authorized officer, and message blocks may be 
dropped from an aircraft.
    (3) If other communications are not practicable, visual signals may 
be transmitted by flashing light directed at the vessel signaled. USCG 
units will normally use the flashing light signal ``L'' as the signal to 
stop. In the International Code of Signals, ``L'' (.-..) means ``you 
should stop your vessel instantly.'' (Period (.) means a short flash of 
light; dash (-) means a long flash of light.)
    (4) Failure of a vessel's operator promptly to stop the vessel when 
directed to do so by an authorized officer using loudhailer, 
radiotelephone, flashing light signal, or other means constitutes prima 
facie evidence of the offense of refusal to permit an authorized officer 
to board.
    (5) The operator of a vessel who does not understand a signal from 
an enforcement unit and who is unable to obtain clarification by 
loudhailer or radiotelephone must consider the signal to be a command to 
stop the vessel instantly.
    (c) Boarding. The operator of a vessel directed to stop must:
    (1) Guard Channel 16, VHF-FM, if so equipped.
    (2) Stop immediately and lay to or maneuver in such a way as to 
allow the authorized officer and his/her party to come aboard.
    (3) Except for fishing vessels with a freeboard of 4 feet (1.25 m) 
or less, provide, when requested by an authorized officer or observer 
personnel, a pilot ladder capable of being used for the

[[Page 100]]

purpose of enabling personnel to embark and disembark the vessel safely. 
The pilot ladder must be maintained in good condition and kept clean.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope or safety line, and 
illumination for the pilot ladder.
    (5) Take such other actions as necessary to facilitate boarding and 
to ensure the safety of the authorized officer and the boarding party.
    (d) Signals. The following signals, extracted from the International 
Code of Signals, may be sent by flashing light by an enforcement unit 
when conditions do not allow communications by loudhailer or 
radiotelephone. Knowledge of these signals by vessel operators is not 
required. However, knowledge of these signals and appropriate action by 
a vessel operator may preclude the necessity of sending the signal ``L'' 
and the necessity for the vessel to stop instantly. (Period (.) means a 
short flash of light; dash (-) means a long flash of light.)
    (1) ``AA'' repeated (.-.-) is the call to an unknown station. The 
operator of the signaled vessel should respond by identifying the vessel 
by radiotelephone or by illuminating the vessel's identification.
    (2) ``RY-CY'' (.-. -.-- -.-. -.--) means ``you should proceed at 
slow speed, a boat is coming to you.'' This signal is normally employed 
when conditions allow an enforcement boarding without the necessity of 
the vessel being boarded coming to a complete stop, or, in some cases, 
without retrieval of fishing gear which may be in the water.
    (3) ``SQ3'' (... --.- ...--) means ``you should stop or heave to; I 
am going to board you.''

[61 FR 32540, June 24, 1996, as amended at 61 FR 37225, July 17, 1996; 
63 FR 7075, Feb. 12, 1998; 73 FR 67809, Nov. 17, 2008]



Sec. 600.735  Penalties.

    Any person committing, or fishing vessel used in the commission of a 
violation of the Magnuson-Stevens Act or any other statute administered 
by NOAA and/or any regulation issued under the Magnuson-Stevens Act, is 
subject to the civil and criminal penalty provisions and civil 
forfeiture provisions of the Magnuson-Stevens Act, to this section, to 
15 CFR part 904 (Civil Procedures), and to other applicable law.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.740  Enforcement policy.

    (a) The Magnuson-Stevens Act provides four basic enforcement 
remedies for violations, in ascending order of severity, as follows:
    (1) Issuance of a citation (a type of warning), usually at the scene 
of the offense (see 15 CFR part 904, subpart E).
    (2) Assessment by the Administrator of a civil money penalty.
    (3) For certain violations, judicial forfeiture action against the 
vessel and its catch.
    (4) Criminal prosecution of the owner or operator for some offenses. 
It shall be the policy of NMFS to enforce vigorously and equitably the 
provisions of the Magnuson-Stevens Act by utilizing that form or 
combination of authorized remedies best suited in a particular case to 
this end.
    (b) Processing a case under one remedial form usually means that 
other remedies are inappropriate in that case. However, further 
investigation or later review may indicate the case to be either more or 
less serious than initially considered, or may otherwise reveal that the 
penalty first pursued is inadequate to serve the purposes of the 
Magnuson-Stevens Act. Under such circumstances, the Agency may pursue 
other remedies either in lieu of or in addition to the action originally 
taken. Forfeiture of the illegal catch does not fall within this general 
rule and is considered in most cases as only the initial step in 
remedying a violation by removing the ill-gotten gains of the offense.
    (c) If a fishing vessel for which a permit has been issued under the 
Magnuson-Stevens Act is used in the commission of an offense prohibited 
by section 307 of the Magnuson-Stevens Act, NOAA may impose permit 
sanctions, whether or not civil or criminal action has been undertaken 
against the vessel or its owner or operator. In some cases, the 
Magnuson-Stevens Act requires

[[Page 101]]

permit sanctions following the assessment of a civil penalty or the 
imposition of a criminal fine. In sum, the Magnuson-Stevens Act treats 
sanctions against the fishing vessel permit to be the carrying out of a 
purpose separate from that accomplished by civil and criminal penalties 
against the vessel or its owner or operator.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.745  Scientific research activity, exempted fishing, and exempted 

educational activity.

    (a) Scientific research activity. Nothing in this part is intended 
to inhibit or prevent any scientific research activity conducted by a 
scientific research vessel. Persons planning to conduct scientific 
research activities on board a scientific research vessel in the EEZ are 
encouraged to submit to the appropriate Regional Administrator or 
Director, 60 days or as soon as practicable prior to its start, a 
scientific research plan for each scientific activity. The Regional 
Administrator or Director will acknowledge notification of scientific 
research activity by issuing to the operator or master of that vessel, 
or to the sponsoring institution, a Letter of Acknowledgment. This 
Letter of Acknowledgment is separate and distinct from any permit or 
consultation required by the MMPA, the ESA, or any other applicable law. 
The Regional Administrator or Director will include text in the Letter 
of Acknowledgment informing the applicant that such a permit may be 
required and should be obtained from the agency prior to embarking on 
the activity. If the Regional Administrator or Director, after review of 
a research plan, determines that it does not constitute scientific 
research but rather fishing, the Regional Administrator or Director will 
inform the applicant as soon as practicable and in writing. In making 
this determination, the Regional Administrator, Director, or designee 
shall consider: the merits of the individual proposal and the 
institution(s) involved; whether the proposed activity meets the 
definition of scientific research activity; and whether the vessel meets 
all the requirements for a scientific research vessel. The Regional 
Administrator or Director may also make recommendations to revise the 
research plan to ensure the activity will be considered to be scientific 
research activity or recommend the applicant request an EFP. The 
Regional Administrator or Director may designate a Science and Research 
Director, or the Assistant Regional Administrator for Sustainable 
Fisheries, to receive scientific research plans and issue Letters of 
Acknowledgment. In order to facilitate identification of the activity as 
scientific research, persons conducting scientific research activities 
are advised to carry a copy of the scientific research plan and the 
Letter of Acknowledgment on board the scientific research vessel and to 
make it available for inspection upon the request of any authorized 
officer. It is recommended that for any scientific research activity, 
any fish, or parts thereof, retained pursuant to such activity be 
accompanied, during any ex-vessel activities, by a copy of the Letter of 
Acknowledgment. Activity conducted in accordance with a scientific 
research plan acknowledged by such a Letter of Acknowledgment is 
presumed to be scientific research activity. An authorized officer may 
overcome this presumption by showing that an activity does not fit the 
definition of scientific research activity or is outside the scope of 
the scientific research plan.
    (b) Exempted fishing--(1) General. A NMFS Regional Administrator or 
Director may authorize, for limited testing, public display, data 
collection, exploratory fishing, compensation fishing, conservation 
engineering, health and safety surveys, environmental cleanup, and/or 
hazard removal purposes, the target or incidental harvest of species 
managed under an FMP or fishery regulations that would otherwise be 
prohibited. Exempted fishing may not be conducted unless authorized by 
an EFP issued by a Regional Administrator or Director in accordance with 
the criteria and procedures specified in this section. Compensation 
fishing must be conducted under an EFP if the activity would otherwise 
be prohibited by applicable regulations unless the activity is 
specifically authorized under an FMP or a scientific

[[Page 102]]

research permit. Conservation engineering that does not meet the 
definition of scientific research activity, but does meet the definition 
of fishing must be conducted under an EFP if the activity would 
otherwise be prohibited by applicable regulations. Data collection 
designed to capture and land quantities of fish for product development, 
market research, and/or public display must be permitted under exempted 
fishing procedures. An EFP exempts a vessel only from those regulations 
specified in the EFP. All other applicable regulations remain in effect. 
The Regional Administrator or Director may charge a fee to recover the 
administrative expenses of issuing an EFP. The amount of the fee will be 
calculated, at least annually, in accordance with procedures of the NOAA 
Handbook for determining administrative costs of each special product or 
service; the fee may not exceed such costs. Persons may contact the 
appropriate Regional Administrator or Director to determine the 
applicable fee.
    (2) Application. An applicant for an EFP shall submit a completed 
application package to the appropriate Regional Administrator or 
Director, as soon as practicable and at least 60 days before the desired 
effective date of the EFP. Submission of an EFP application less than 60 
days before the desired effective date of the EFP may result in a 
delayed effective date because of review requirements. The application 
package must include payment of any required fee as specified by 
paragraph (b)(1) of this section, and a written application that 
includes, but is not limited to, the following information:
    (i) The date of the application.
    (ii) The applicant's name, mailing address, and telephone number.
    (iii) A statement of the purposes and goals of the exempted fishery 
for which an EFP is needed, including justification for issuance of the 
EFP.
    (iv) For each vessel to be covered by the EFP, as soon as the 
information is available and before operations begin under the EFP:
    (A) A copy of the USCG documentation, state license, or registration 
of each vessel, or the information contained on the appropriate 
document.
    (B) The current name, address, and telephone number of the owner and 
master, if not included on the document provided for the vessel.
    (v) The species (target and incidental) expected to be harvested 
under the EFP, the amount(s) of such harvest necessary to conduct the 
exempted fishing, the arrangements for disposition of all regulated 
species harvested under the EFP, and any anticipated impacts on the 
environment, including impacts on fisheries, marine mammals, threatened 
or endangered species, and EFH.
    (vi) For each vessel covered by the EFP, the approximate time(s) and 
place(s) fishing will take place, and the type, size, and amount of gear 
to be used.
    (vii) The signature of the applicant.
    (viii) The Regional Administrator or Director, as appropriate, may 
request from an applicant additional information necessary to make the 
determinations required under this section. An incomplete application or 
an application for which the appropriate fee has not been paid will not 
be considered until corrected in writing and the fee paid. An applicant 
for an EFP need not be the owner or operator of the vessel(s) for which 
the EFP is requested.
    (3) Issuance. (i) The Regional Administrator or Director, as 
appropriate, will review each application and will make a preliminary 
determination whether the application contains all of the required 
information and constitutes an activity appropriate for further 
consideration. If the Regional Administrator or Director finds that any 
application does not warrant further consideration, both the applicant 
and the affected Council(s) will be notified in writing of the reasons 
for the decision. If the Regional Administrator or Director determines 
that any application warrants further consideration, notification of 
receipt of the application will be published in the Federal Register 
with a brief description of the proposal. Interested persons will be 
given a 15- to 45-day opportunity to comment on the notice of receipt of 
the EFP application. In addition, comments may be requested during 
public testimony at a Council meeting. If the Council intends to take 
comments on

[[Page 103]]

EFP applications at a Council meeting, it must include a statement to 
this effect in the Council meeting notice and meeting agenda. Multiple 
applications for EFPs may be published in the same Federal Register 
document and may be discussed under a single Council agenda item. The 
notification may establish a cut-off date for receipt of additional 
applications to participate in the same, or a similar, exempted fishing 
activity. The Regional Administrator or Director will also forward 
copies of the application to the Council(s), the U.S. Coast Guard, and 
the appropriate fishery management agencies of affected states, 
accompanied by the following information:
    (A) The effect of the proposed EFP on the target and incidental 
species, including the effect on any TAC.
    (B) A citation of the regulation or regulations that, without the 
EFP, would prohibit the proposed activity.
    (C) Biological information relevant to the proposal, including 
appropriate statements of environmental impacts, including impacts on 
fisheries, marine mammals, threatened or endangered species, and EFH.
    (ii) If the application is complete and warrants additional 
consultation, the Regional Administrator or Director may consult with 
the appropriate Council(s) concerning the permit application during the 
period in which comments have been requested. The Council(s) or the 
Regional Administrator or Director shall notify the applicant in advance 
of any public meeting at which the application will be considered, and 
offer the applicant the opportunity to appear in support of the 
application.
    (iii) As soon as practicable after receiving a complete application, 
including all required analyses and consultations (e.g., NEPA, EFH, ESA 
and MMPA), and having received responses from the public, the agencies 
identified in paragraph (b)(3)(i) of this section, and/or after the 
consultation, if any, described in paragraph (b)(3)(ii) of this section, 
the Regional Administrator or Director shall issue the EFP or notify the 
applicant in writing of the decision to deny the EFP and the reasons for 
the denial. Grounds for denial of an EFP include, but are not limited 
to, the following:
    (A) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application; or
    (B) According to the best scientific information available, the 
harvest to be conducted under the permit would detrimentally affect the 
well-being of the stock of any regulated species of fish, marine mammal, 
threatened or endangered species, or EFH; or
    (C) Issuance of the EFP would have economic allocation as its sole 
purpose (other than compensation fishing); or
    (D) Activities to be conducted under the EFP would be inconsistent 
with the intent of this section, the management objectives of the FMP, 
or other applicable law; or
    (E) The applicant has failed to demonstrate a valid justification 
for the permit; or
    (F) The activity proposed under the EFP could create a significant 
enforcement problem.
    (iv) The decision of a Regional Administrator or Director to grant 
or deny an EFP is the final action of NMFS. If the permit, as granted, 
is significantly different from the original application, or is denied, 
NMFS may publish notification in the Federal Register describing the 
exempted fishing to be conducted under the EFP or the reasons for 
denial.
    (v) The Regional Administrator or Director should attach, as 
applicable, terms and conditions to the EFP, consistent with the purpose 
of the exempted fishing and as otherwise necessary for the conservation 
and management of the fishery resources and the marine environment, 
including, but not limited to:
    (A) The maximum amount of each regulated species that can be 
harvested and landed during the term of the EFP, including trip 
limitations, where appropriate.
    (B) The number, size(s), name(s), and identification number(s) of 
the vessel(s) authorized to conduct fishing activities under the EFP.
    (C) A citation of the regulations from which the vessel is exempted.
    (D) The time(s) and place(s) where exempted fishing may be 
conducted.

[[Page 104]]

    (E) The type, size, and amount of gear that may be used by each 
vessel operated under the EFP.
    (F) Whether observers, a vessel monitoring system, or other 
electronic equipment must be carried on board vessels operating under 
the EFP, and any necessary conditions, such as predeployment 
notification requirements.
    (G) Data reporting requirements necessary to document the 
activities, including catches and incidental catches, and to determine 
compliance with the terms and conditions of the EFP and established time 
frames and formats for submission of the data to NMFS.
    (H) Other conditions as may be necessary to assure compliance with 
the purposes of the EFP, consistent with the objectives of the FMP and 
other applicable law.
    (I) Provisions for public release of data obtained under the EFP 
that are consistent with NOAA confidentiality of statistics procedures 
at set out in subpart E. An applicant may be required to waive the right 
to confidentiality of information gathered while conducting exempted 
fishing as a condition of an EFP.
    (4) Acknowledging permit conditions. Upon receipt of an EFP, the 
permit holder must date and sign the permit, and retain the permit on 
board the vessel(s). The permit is not valid until signed by the permit 
holder. In signing the permit, the permit holder:
    (i) Agrees to abide by all terms and conditions set forth in the 
permit, and all restrictions and relevant regulations; and
    (ii) Acknowledges that the authority to conduct certain activities 
specified in the permit is conditional and subject to authorization and 
revocation by the Regional Administrator or Director.
    (5) Duration. Unless otherwise specified in the EFP or a superseding 
notice or regulation, an EFP is valid for no longer than 1 year. EFPs 
may be renewed following the application procedures in this section.
    (6) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (7) Inspection. Any EFP issued under this section must be carried on 
board the vessel(s) for which it was issued. The EFP must be presented 
for inspection upon request of any authorized officer. Any fish, or 
parts thereof, retained pursuant to an EFP issued under this paragraph 
must be accompanied, during any ex-vessel activities, by a copy of the 
EFP.
    (8) Inspection. Any EFP issued under this section must be carried on 
board the vessel(s) for which it was issued. The EFP must be presented 
for inspection upon request of any authorized officer.
    (9) Sanctions. Failure of a permittee to comply with the terms and 
conditions of an EFP may be grounds for revocation, suspension, or 
modification of the EFP with respect to all persons and vessels 
conducting activities under the EFP. Any action taken to revoke, 
suspend, or modify an EFP for enforcement purposes will be governed by 
15 CFR part 904, subpart D.
    (c) Reports. (1) NMFS requests that persons conducting scientific 
research activities from scientific research vessels submit a copy of 
any report or other publication created as a result of the activity, 
including the amount, composition, and disposition of their catch, to 
the appropriate Science and Research Director and Regional Administrator 
or Director.
    (2) Upon completion of the activities of the EFP, or periodically as 
required by the terms and conditions of the EFP, persons fishing under 
an EFP must submit a report of their catches and any other information 
required, to the appropriate Regional Administrator or Director, in the 
manner and within the time frame specified in the EFP, but no later than 
6 months after concluding the exempted fishing activity. Persons 
conducting EFP activities are also requested to submit a copy of any 
publication prepared as a result of the EFP activity.
    (d) Exempted educational activities--(1) General. A NMFS Regional 
Administrator or Director may authorize, for educational purposes, the 
target or incidental harvest of species managed under an FMP or fishery 
regulations that would otherwise be prohibited. The trade, barter or 
sale of fish taken under this authorization is prohibited. The decision 
of a Regional Administrator or Director to grant or deny an

[[Page 105]]

exempted educational activity authorization is the final action of NMFS. 
Exempted educational activities may not be conducted unless authorized 
in writing by a Regional Administrator or Director in accordance with 
the criteria and procedures specified in this section. Such 
authorization will be issued without charge.
    (2) Application. An applicant for an exempted educational activity 
authorization shall submit to the appropriate Regional Administrator or 
Director, at least 15 days before the desired effective date of the 
authorization, a written application that includes, but is not limited 
to, the following information:
    (i) The date of the application.
    (ii) The applicant's name, mailing address, and telephone number.
    (iii) A brief statement of the purposes and goals of the exempted 
educational activity for which authorization is requested, including a 
general description of the arrangements for disposition of all species 
collected.
    (iv) Evidence that the sponsoring institution is a valid educational 
institution, such as accreditation by a recognized national or 
international accreditation body.
    (v) The scope and duration of the activity.
    (vi) For each vessel to be covered by the authorization:
    (A) A copy of the U.S. Coast Guard documentation, state license, or 
registration of the vessel, or the information contained on the 
appropriate document.
    (B) The current name, address, and telephone number of the owner and 
master, if not included on the document provided for the vessel.
    (vii) The species and amounts expected to be caught during the 
exempted educational activity, and any anticipated impacts on the 
environment, including impacts on fisheries, marine mammals, threatened 
or endangered species, and EFH.
    (viii) For each vessel covered by the authorization, the approximate 
time(s) and place(s) fishing will take place, and the type, size, and 
amount of gear to be used.
    (ix) The signature of the applicant.
    (x) The Regional Administrator or Director may request from an 
applicant additional information necessary to make the determinations 
required under this section. An incomplete application will not be 
considered until corrected in writing.
    (3) Issuance. (i) The Regional Administrator or Director, as 
appropriate, will review each application and will make a determination 
whether the application contains all of the required information, is 
consistent with the goals, objectives, and requirements of the FMP or 
regulations and other applicable law, and constitutes a valid exempted 
educational activity. The applicant will be notified in writing of the 
decision within 5 working days of receipt of the application.
    (ii) The Regional Administrator or Director should attach, as 
applicable, terms and conditions to the authorization, consistent with 
the purpose of the exempted educational activity and as otherwise 
necessary for the conservation and management of the fishery resources 
and the marine environment, including, but not limited to:
    (A) The maximum amount of each regulated species that may be 
harvested.
    (B) A citation of the regulations from which the vessel is being 
exempted.
    (C) The time(s) and place(s) where the exempted educational activity 
may be conducted.
    (D) The type, size, and amount of gear that may be used by each 
vessel operated under the authorization.
    (E) Data reporting requirements necessary to document the activities 
and to determine compliance with the terms and conditions of the 
exempted educational activity.
    (F) Such other conditions as may be necessary to assure compliance 
with the purposes of the authorization, consistent with the objectives 
of the FMP or regulations.
    (G) Provisions for public release of data obtained under the 
authorization, consistent with NOAA confidentiality of statistics 
procedures in subpart E. An applicant may be required to waive the right 
to confidentiality of information gathered while conducting exempted 
educational activities as a condition of the authorization.

[[Page 106]]

    (iii) The authorization will specify the scope of the authorized 
activity and will include, at a minimum, the duration, vessel(s), 
persons, species, and gear involved in the activity, as well as any 
additional terms and conditions specified under paragraph (d)(3)(ii) of 
this section.
    (4) Duration. Unless otherwise specified, authorization for an 
exempted educational activity is effective for no longer than 1 year, 
unless revoked, suspended, or modified. Authorizations may be renewed 
following the application procedures in this section.
    (5) Alteration. Any authorization that has been altered, erased, or 
mutilated is invalid.
    (6) Transfer. Authorizations issued under this paragraph (d) are not 
transferable or assignable.
    (7) Inspection. Any authorization issued under this paragraph (d) 
must be carried on board the vessel(s) for which it was issued, or be in 
the possession of at least one of the persons identified in the 
authorization, who must be present while the exempted educational 
activity is being conducted. The authorization must be presented for 
inspection upon request of any authorized officer. Activities that meet 
the definition of ``fishing,'' despite an educational purpose, are 
fishing. An authorization may allow covered fishing activities; however, 
fishing activities conducted outside the scope of an authorization for 
exempted educational activities are illegal. Any fish, or parts thereof, 
retained pursuant to an authorization issued under this paragraph must 
be accompanied, during any ex-vessel activities, by a copy of the 
authorization.
    (e) Observers. NMFS-sanctioned observers or biological technicians 
conducting activities within NMFS-approved sea sampling and/or observer 
protocols are exempt from the requirement to obtain an EFP. For purposes 
of this section, NMFS-sanctioned observers or biological technicians 
include NMFS employees, NMFS observers, observers who are employees of 
NMFS-contracted observer providers, and observers who are employees of 
NMFS-permitted observer providers.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 74 
FR 42794, Aug. 25, 2009]



Sec. 600.746  Observers.

    (a) Applicability. This section applies to any fishing vessel 
required to carry an observer as part of a mandatory observer program or 
carrying an observer as part of a voluntary observer program under the 
Magnuson-Stevens Act, MMPA (16 U.S.C. 1361 et seq.), the ATCA (16 U.S.C. 
971 et seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
seq.), or any other U.S. law.
    (b) Observer safety. An observer will not be deployed on, or stay 
aboard, a vessel that is inadequate for observer deployment as described 
in paragraph (c) of this section.
    (c) Vessel inadequate for observer deployment. A vessel is 
inadequate for observer deployment if it:
    (1) Does not comply with the applicable regulations regarding 
observer accommodations (see 50 CFR parts 229, 285, 300, 600, 622, 635, 
648, 660, and 679), or
    (2) Has not passed a USCG Commercial Fishing Vessel Safety 
Examination, or for vessels less than 26 ft (8 m) in length, has not 
passed an alternate safety equipment examination, as described in 
paragraph (g) of this section.
    (d) Display or show proof. A vessel that has passed a USCG 
Commercial Fishing Vessel Safety Examination must display or show proof 
of a valid USCG Commercial Fishing Vessel Safety Examination decal that 
certifies compliance with regulations found in 33 CFR Chapter 1 and 46 
CFR Chapter 1, and which was issued within the last 2 years or at a time 
interval consistent with current USCG regulations or policy.
    (1) In situations of mitigating circumstances, which may prevent a 
vessel from displaying a valid safety decal (broken window, etc.), NMFS, 
the observer, or NMFS' designated observer provider may accept the 
following associated documentation as proof of the missing safety decal 
described in paragraph (d) of this section:
    (i) A certificate of compliance issued pursuant to 46 CFR 28.710;
    (ii) A certificate of inspection pursuant to 46 U.S.C. 3311; or
    (iii) For vessels not required to obtain the documents identified in 
(d)(1)(i) and (d)(1)(ii) of this section, a

[[Page 107]]

dockside examination report form indicating the decal number and date 
and place of issue.
    (e) Visual inspection. Upon request by an observer, a NMFS employee, 
or a designated observer provider, a vessel owner or operator must 
provide correct information concerning any item relating to any safety 
or accommodation requirement prescribed by law or regulation, in a 
manner and according to a timeframe as directed by NMFS. A vessel owner 
or operator must also allow an observer, a NMFS employee, or a 
designated observer provider to visually examine any such item.
    (f) Vessel safety check. Prior to the initial deployment, the vessel 
owner or operator or the owner or operator's designee must accompany the 
observer in a walk through the vessel's major spaces to ensure that no 
obviously hazardous conditions exist. This action may be a part of the 
vessel safety orientation to be provided by the vessel to the observer 
as required by 46 CFR 28.270. The vessel owner or operator or the owner 
or operator's designee must also accompany the observer in checking the 
following major items as required by applicable USCG regulations:
    (1) Personal flotation devices/ immersion suits;
    (2) Ring buoys;
    (3) Distress signals;
    (4) Fire extinguishing equipment;
    (5) Emergency position indicating radio beacon (EPIRB), when 
required, shall be registered to the vessel at its documented homeport;
    (6) Survival craft, when required, with sufficient capacity to 
accommodate the total number of persons, including the observer(s), that 
will embark on the voyage; and
    (7) Other fishery-area and vessel specific items required by the 
USCG.
    (g) Alternate safety equipment examination. If a vessel is under 26 
ft (8 m) in length, and in a remote location, and NMFS has determined 
that the USCG cannot provide a USCG Commercial Fishing Vessel Safety 
Examination due to unavailability of inspectors or to unavailability of 
transportation to or from an inspection station, the vessel will be 
adequate for observer deployment if it passes an alternate safety 
equipment examination conducted by a NMFS certified observer, observer 
provider, or a NMFS observer program employee, using a checklist of USCG 
safety requirements for commercial fishing vessels under 26 ft (8 m) in 
length. Passage of the alternative examination will only be effective 
for the single trip selected for observer coverage.
    (h) Duration. The vessel owner or operator is required to comply 
with the requirements of this section when the vessel owner or operator 
is notified orally or in writing by an observer, a NMFS employee, or a 
designated observer provider, that his or her vessel has been selected 
to carry an observer. The requirements of this section continue to apply 
through the time of the observer's boarding, at all times the observer 
is aboard, and at the time the observer disembarks from the vessel at 
the end of the observed trip.
    (i) Effect of inadequate status. A vessel that would otherwise be 
required to carry an observer, but is inadequate for the purposes of 
carrying an observer, as described in paragraph (c) of this section, and 
for allowing operation of normal observer functions, is prohibited from 
fishing without observer coverage.

[63 FR 27217, May 18, 1998, as amended at 67 FR 64312, Oct. 18, 2002; 72 
FR 61818, Nov. 1, 2007]



Sec. 600.747  Guidelines and procedures for determining new fisheries and 

gear.

    (a) General. Section 305(a) of the Magnuson-Stevens Act requires the 
Secretary to prepare a list of all fisheries under the authority of each 
Council, or the Director in the case of Atlantic highly migratory 
species, and all gear used in such fisheries. This section contains 
guidelines in paragraph (b) for determining when fishing gear or a 
fishery is sufficiently different from those listed in Sec. 600.725(v) 
as to require notification of a Council or the Director in order to use 
the gear or participate in the unlisted fishery. This section also 
contains procedures in paragraph (c) for notification of a Council or 
the Director of potentially new fisheries or gear, and for amending the 
list of fisheries and gear.
    (b) Guidelines. The following guidance establishes the basis for 
determining

[[Page 108]]

when fishing gear or a fishery is sufficiently different from those 
listed to require notification of the appropriate Council or the 
Director.
    (1) The initial step in the determination of whether a fishing gear 
or fishery is sufficiently different to require notification is to 
compare the gear or fishery in question to the list of authorized 
fisheries and gear in Sec. 600.725(v) and to the existing gear 
definitions in Sec. 600.10.
    (2) If the gear in question falls within the bounds of a definition 
in Sec. 600.10 for an allowable gear type within that fishery, as 
listed under Sec. 600.725(v), then the gear is not considered 
different, is considered allowable gear, and does not require 
notification of the Council or Secretary 90 days before it can be used 
in that fishery.
    (3) If, for any reason, the gear is not consistent with a gear 
definition for a listed fishery as described in paragraph (b)(2) of this 
section, the gear is considered different and requires Council or 
Secretarial notification as described in paragraph (c) of this section 
90 days before it can be used in that fishery.
    (4) If a fishery falls within the bounds of the list of authorized 
fisheries and gear in Sec. 600.725(v) under the Council's or 
Secretary's authority, then the fishery is not considered different, is 
considered an allowable fishery and does not require notification of the 
Council or Director before that fishery can occur.
    (5) If a fishery is not already listed in the list of authorized 
fisheries and gear in Sec. 600.725(v), then the fishery is considered 
different and requires notification as described in paragraph (c) of 
this section 90 days before it can occur.
    (c) Procedures. If a gear or fishery does not appear on the list in 
Sec. 600.725(v), or if the gear is different from that defined in Sec. 
600.10, the process for notification, and consideration by a Council or 
the Director, is as follows:
    (1) Notification. After July 26, 1999, no person or vessel may 
employ fishing gear or engage in a fishery not included on the list of 
approved gear types in Sec. 600.725(v) without notifying the 
appropriate Council or the Director at least 90 days before the intended 
use of that gear.
    (2) Notification procedures. (i) A signed return receipt for the 
notice serves as adequate evidence of the date that the notification was 
received by the appropriate Council or the Director, in the case of 
Atlantic highly migratory species, and establishes the beginning of the 
90-day notification period, unless required information in the 
notification is incomplete.
    (ii) The notification must include:
    (A) Name, address, and telephone number of the person submitting the 
notification.
    (B) Description of the gear.
    (C) The fishery or fisheries in which the gear is or will be used.
    (D) A diagram and/or photograph of the gear, as well as any 
specifications and dimensions necessary to define the gear.
    (E) The season(s) in which the gear will be fished.
    (F) The area(s) in which the gear will be fished.
    (G) The anticipated bycatch species associated with the gear, 
including protected species, such as marine mammals, sea turtles, sea 
birds, or species listed as endangered or threatened under the ESA.
    (H) How the gear will be deployed and fished, including the portions 
of the marine environment where the gear will be deployed (surface, 
midwater, and bottom).
    (iii) Failure to submit complete and accurate information will 
result in a delay in beginning the 90-day notification period. The 90-
day notification period will not begin until the information received is 
determined to be accurate and complete.
    (3) Action upon receipt of notification--(i) Species other than 
Atlantic Highly Migratory Species. (A) Upon signing a return receipt of 
the notification by certified mail regarding an unlisted fishery or 
gear, a Council must immediately begin consideration of the notification 
and send a copy of the notification to the appropriate Regional 
Administrator.
    (B) If the Council finds that the use of an unlisted gear or 
participation in a new fishery would not compromise the effectiveness of 
conservation and management efforts, it shall:

[[Page 109]]

    (1) Recommend to the RA that the list be amended;
    (2) Provide rationale and supporting analysis, as necessary, for 
proper consideration of the proposed amendment; and
    (3) Provide a draft proposed rule for notifying the public of the 
proposed addition, with a request for comment.
    (C) If the Council finds that the proposed gear or fishery will be 
detrimental to conservation and management efforts, it will recommend to 
the RA that the authorized list of fisheries and gear not be amended, 
that a proposed rule not be published, give reasons for its 
recommendation of a disapproval, and may request NMFS to publish 
emergency or interim regulations, and begin preparation of an FMP or 
amendment to an FMP, if appropriate.
    (D) After considering information in the notification and Council's 
recommendation, NMFS will decide whether to publish a proposed rule. If 
information on the new gear or fishery being considered indicates it is 
likely that it will compromise conservation and management efforts under 
the Magnuson-Stevens Act, and no additional new information is likely to 
be gained from a public comment period, then a proposed rule will not be 
published and NMFS will notify the appropriate Council. In such an 
instance, NMFS will publish emergency or interim regulations to prohibit 
or restrict use of the gear or participation in the fishery. If NMFS 
determines that the proposed amendment is not likely to compromise 
conservation and management efforts under the Magnuson-Stevens Act, NMFS 
will publish a proposed rule in the Federal Register with a request for 
public comment.
    (ii) Atlantic Highly Migratory Species. (A) Upon signing a return 
receipt of the notification by certified mail regarding an unlisted 
fishery or gear for Atlantic highly migratory species (HMS), NMFS will 
immediately begin consideration of the notification.
    (B) Based on information in the notification and submitted by the 
Council, NMFS will make a determination whether the use of an unlisted 
gear or participation in an unlisted HMS fishery will compromise the 
effectiveness of conservation and management efforts under the Magnuson-
Stevens Act. If it is determined that the proposed amendment will not 
compromise conservation and management efforts, NMFS will publish a 
proposed rule.
    (C) If NMFS finds that the proposed gear or fishery will be 
detrimental to conservation and management efforts in this initial stage 
of review, it will not publish a proposed rule and notify the applicant 
of the negative determination with the reasons therefor.
    (4) Final determination and publication of a final rule. Following 
public comment, NMFS will approve or disapprove the amendment to the 
list of gear and fisheries.
    (i) If approved, NMFS will publish a final rule in the Federal 
Register and notify the applicant and the Council, if appropriate, of 
the final approval.
    (ii) If disapproved, NMFS will withdraw the proposed rule, notify 
the applicant and the Council, if appropriate, of the disapproval; 
publish emergency or interim regulations, if necessary, to prohibit or 
restrict the use of gear or the participation in a fishery; and either 
notify the Council of the need to amend an FMP or prepare an amendment 
to an FMP in the case of Atlantic highly migratory species.

[64 FR 4043, Jan. 27, 1999]



                  Subpart I_Fishery Negotiation Panels

    Source: 62 FR 23669, May 1, 1997, unless otherwise noted.



Sec. 600.750  Definitions.

    Consensus means unanimous concurrence among the members on a Fishery 
Negotiation Panel established under this rule, unless such Panel:
    (1) Agrees to define such term to mean a general but not unanimous 
concurrence; or
    (2) agrees upon another specified definition.
    Fishery negotiation panel (FNP) means an advisory committee 
established by one or more Councils or the Secretary in accordance with 
these regulations to assist in the development of fishery conservation 
and management measures.

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    Interest means, with respect to an issue or matter, multiple parties 
that have a similar point of view or that are likely to be affected in a 
similar manner.
    Report means a document submitted by an FNP in accordance with the 
Magnuson-Stevens Act.

[62 FR 23669, May 1, 1997, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.751  Determination of need for a fishery negotiation panel.

    A Council or NMFS may establish an FNP to assist in the development 
of specific fishery conservation and management measures. In determining 
whether to establish an FNP, NMFS or the Council, as appropriate, shall 
consider whether:
    (a) There is a need for specific fishery conservation and management 
measures.
    (b) There are a limited number of identifiable interests that will 
be significantly affected by the conservation and management measure.
    (c) There is a reasonable likelihood that an FNP can be convened 
with a balanced representation of persons who:
    (1) Can adequately represent the interests identified under 
paragraph (b) of this section.
    (2) Are willing to negotiate in good faith to reach a consensus on a 
report regarding the issues presented.
    (d) There is a reasonable likelihood that an FNP will reach
    a consensus on a report regarding the issues presented within 1 year 
from date of establishment of the FNP.
    (e) The use of an FNP will not unreasonably delay Council or NMFS 
fishery management plan development or rulemaking procedures.
    (f) The costs of establishment and operation of an FNP are 
reasonable when compared to fishery management plan development or 
rulemaking procedures that do not use FNP procedures.
    (g) The Council or NMFS has adequate resources and is willing to 
commit such resources, including technical assistance, to an FNP.
    (h) The use of an FNP is in the public interest.



Sec. 600.752  Use of conveners and facilitators.

    (a) Purposes of conveners. A Council or NMFS may use the services of 
a trained convener to assist the Council or NMFS in: (1) Conducting 
discussions to identify the issues of concern, and to ascertain whether 
the establishment of an FNP regarding such matter is feasible and 
appropriate.
    (2) Identifying persons who will be significantly affected by the 
issues presented in paragraph (a)(1) of this section.
    (b) Duties of conveners. The convener shall report findings under 
paragraph (a)(2) of this section and shall make recommendations to the 
Council or NMFS. Upon request of the Council or NMFS, the convener shall 
ascertain the names of persons who are willing and qualified to 
represent interests that will be significantly affected by the potential 
conservation and management measures relevant to the issues to be 
negotiated. The report and any recommendations of the convener shall be 
made available to the public upon request.
    (c) Selection of facilitator. Notwithstanding section 10(e) of the 
Federal Advisory Committee Act (FACA), a Council or NMFS may nominate a 
person trained in facilitation either from the Federal Government or 
from outside the Federal Government to serve as an impartial, neutral 
facilitator for the negotiations of the FNP, subject to the approval of 
the FNP, by consensus. The facilitator may be the same person as the 
convener used under paragraph (a) of this section. If the FNP does not 
approve the nominee of the Council or NMFS for facilitator, the FNP 
shall submit a substitute nomination. If an FNP does not approve any 
nominee of the Council or NMFS for facilitator, the FNP shall select, by 
consensus, a person to serve as facilitator. A person designated to 
represent the Council or NMFS in substantive issues may not serve as 
facilitator or otherwise chair the FNP.
    (d) Roles and duties of facilitator. A facilitator shall:
    (1) Chair the meetings of the FNP in an impartial manner.

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    (2) Impartially assist the members of the FNP in conducting 
discussions and negotiations.
    (3) Manage the keeping of minutes and records as required under 
section 10(b) and (c) of FACA.



Sec. 600.753  Notice of intent to establish a fishery negotiation panel.

    (a) Publication of notice. If, after considering the report of a 
convener or conducting its own assessment, a Council or NMFS decides to 
establish an FNP, NMFS shall publish in the Federal Register and, as 
appropriate, in trade or other specialized publications, a document that 
shall include:
    (1) An announcement that the Council or NMFS intends to establish an 
FNP to negotiate and develop a report concerning specific conservation 
and management measures.
    (2) A description of the subject and scope of the conservation and 
management measure, and the issues to be considered.
    (3) A list of the interests that are likely to be significantly 
affected by the conservation and management measure.
    (4) A list of the persons proposed to represent such interests and 
the person or persons proposed to represent the Council or NMFS.
    (5) A proposed agenda and schedule for completing the work of the 
FNP.
    (6) A description of administrative support for the FNP to be 
provided by the Council or NMFS, including technical assistance.
    (7) A solicitation for comments on the proposal to establish the 
FNP, and the proposed membership of the FNP.
    (8) An explanation of how a person may apply or nominate another 
person for membership on the FNP, as provided under paragraph (b) of 
this section.
    (b) Nomination of members and public comment. Persons who may be 
significantly affected by the development of conservation and management 
measure and who believe that their interests will not be adequately 
represented by any person specified in a document under paragraph (a)(4) 
of this section may apply for, or nominate another person for, 
membership on the FNP to represent such interests. Each application or 
nomination shall include:
    (1) The name of the applicant or nominee and a description of the 
interests such person shall represent.
    (2) Evidence that the applicant or nominee is authorized to 
represent parties related to the interests the person proposes to 
represent.
    (3) A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the 
conservation and management measure under consideration.
    (4) The reasons that the persons specified in the document under 
paragraph (a)(4) of this section do not adequately represent the 
interests of the person submitting the application or nomination.
    (c) Public comment. The Council or NMFS shall provide at least 30 
calendar days for the submission of comments and applications under this 
section.



Sec. 600.754  Decision to establish a fishery negotiation panel.

    (a) Determination to establish an FNP. If, after considering 
comments and applications submitted under Sec. 600.753, the Council or 
NMFS determines that an FNP can adequately represent the interests that 
will be significantly affected and that it is feasible and appropriate 
in the particular case, the Council or NMFS may establish an FNP.
    (b) Determination not to establish FNP. If, after considering such 
comments and applications, the Council or NMFS decides not to establish 
an FNP, the Council or NMFS shall promptly publish notification of such 
decision and the reasons therefor in the Federal Register and, as 
appropriate, in trade or other specialized publications, a copy of which 
shall be sent to any person who applied for, or nominated another person 
for membership on the FNP to represent such interests with respect to 
the issues of concern.



Sec. 600.755  Establishment of a fishery negotiation panel.

    (a) General authority. (1) A Council may establish an FNP to assist 
in the development of specific conservation and management measures for 
a fishery under its authority.

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    (2) NMFS may establish an FNP to assist in the development of 
specific conservation and management measures required for:
    (i) A fishery for which the Secretary has authority under section 
304(e)(5) of the Magnuson-Stevens Act, regarding rebuilding of 
overfished fisheries;
    (ii) A fishery for which the Secretary has authority under 16 U.S.C. 
section 304(g), regarding highly migratory species; or
    (iii) Any fishery with the approval of the appropriate Council.
    (b) Federal Advisory Committee Act (FACA) In establishing and 
administering such an FNP, the Council or NMFS shall comply with the 
FACA with respect to such FNP.
    (c) Balance. Each potentially affected organization or individual 
does not necessarily have to have its own representative, but each 
interest must be adequately represented. The intent is to have a group 
that as a whole reflects a proper balance and mix of interests. 
Representatives must agree, in writing, to negotiate in good faith.
    (d) Membership. The Council or NMFS shall limit membership on an FNP 
to no more than 25 members, unless the Council or NMFS determines that a 
greater number of members is necessary for the functioning of the FNP or 
to achieve balanced membership. Each FNP shall include at least one 
person representing the Council in addition to at least one person 
representing NMFS.



Sec. 600.756  Conduct and operation of a fishery negotiation panel.

    (a) Roles and duties of an FNP. Each FNP shall consider the issue 
proposed by the Council or NMFS for consideration and shall attempt to 
reach a consensus concerning a report to assist in the development of a 
conservation and management measure with respect to such matter and any 
other matter the FNP determines is relevant to the development of a 
conservation and management measure. An FNP may adopt procedures for the 
operation of the FNP.
    (b) Roles and duties of representative of the council or NMFS. The 
person or persons representing the Council or NMFS on an FNP shall 
participate in the deliberations and activities of the FNP with the same 
rights and responsibilities as other members of the FNP, and shall be 
authorized to fully represent the Council or NMFS in the discussions and 
negotiations of the FNP.



Sec. 600.757  Operational protocols.

    (a) Services of conveners and facilitators. A Council or NMFS may 
employ or enter into contracts for the services of an individual or 
organization to serve as a convener or facilitator for an FNP 
established under Sec. 600.755, or may use the services of a government 
employee to act as a convener or a facilitator for such an FNP.
    (b) Councils. For an FNP proposed and established by one or more 
Councils approved expenses shall be paid out of the Council's operating 
budget.
    (c) Expenses of FNP members. Members of an FNP shall be responsible 
for their own expenses of participation in such an FNP, except that NMFS 
or the Council may, in accordance with section 7(d) of FACA, pay for a 
member's reasonable travel and per diem expenses, and a reasonable rate 
of compensation, if:
    (1) Such member certifies a lack of adequate financial resources to 
participate in the FNP.
    (2) The Council or NMFS determines that such member's participation 
in the FNP is necessary to assure an adequate representation of the 
member's interest.
    (d) Administrative support. The Council or NMFS shall provide 
appropriate administrative support to an FNP including technical 
assistance.



Sec. 600.758  Preparation of report.

    (a) At the conclusion of the negotiations, an FNP may submit a 
report. Such report shall specify:
    (1) All the areas where consensus was reached by the FNP, including, 
if appropriate, proposed conservation and management measures.
    (2) Any other information submitted by members of the FNP.
    (b) Upon receipt of the report, the Council or NMFS shall publish 
such report in the Federal Register for public comment.

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Sec. 600.759  Use of report.

    A Council or NMFS may, at its discretion, use all or a part of a 
report prepared in accordance with Sec. 600.758 in the development of 
conservation and management measures. Neither a Council nor NMFS, 
whichever is appropriate, is required to use such report.



Sec. 600.760  Fishery Negotiation Panel lifetime.

    (a) An FNP shall terminate upon either:
    (1) Submission of a report prepared in accordance with Sec. 
600.758; or
    (2) Submission of a written statement from the FNP to the Council or 
NMFS that no consensus can be reached.
    (b) In no event shall an FNP exist for longer than 1 year from the 
date of establishment unless granted an extension. Upon written request 
by the FNP to the Council or NMFS, and written authorization from the 
Council or NMFS (whichever is appropriate), the Secretary may authorize 
an extension for a period not to exceed 6 months. No more than one 
extension may be granted per FNP.



                 Subpart J_Essential Fish Habitat (EFH)

    Source: 67 FR 2376, Jan. 17, 2002, unless otherwise noted.



Sec. 600.805  Purpose and scope.

    (a) Purpose. This subpart provides guidelines for Councils and the 
Secretary to use in adding the required EFH provisions to an FMP, i.e., 
description and identification of EFH, adverse effects on EFH (including 
minimizing, to the extent practicable, adverse effects from fishing), 
and actions to conserve and enhance EFH.
    (b) Scope--(1) Species covered. An EFH provision in an FMP must 
include all fish species in the fishery management unit (FMU). An FMP 
may describe, identify, and protect the habitat of species not in an 
FMU; however, such habitat may not be considered EFH for the purposes of 
sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act.
    (2) Geographic. EFH may be described and identified in waters of the 
United States, as defined in 33 CFR 328.3, and in the exclusive economic 
zone, as defined in Sec. 600.10. Councils may describe, identify, and 
protect habitats of managed species beyond the exclusive economic zone; 
however, such habitat may not be considered EFH for the purposes of 
sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act. Activities 
that may adversely affect such habitat can be addressed through any 
process conducted in accordance with international agreements between 
the United States and the foreign nation(s) undertaking or authorizing 
the action.



Sec. 600.810  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact that reduces quality and/or quantity 
of EFH. Adverse effects may include direct or indirect physical, 
chemical, or biological alterations of the waters or substrate and loss 
of, or injury to, benthic organisms, prey species and their habitat, and 
other ecosystem components, if such modifications reduce the quality 
and/or quantity of EFH. Adverse effects to EFH may result from actions 
occurring within EFH or outside of EFH and may include site-specific or 
habitat-wide impacts, including individual, cumulative, or synergistic 
consequences of actions.
    Council includes the Secretary, as applicable, when preparing FMPs 
or amendments under sections 304(c) and (g) of the Magnuson-Stevens Act.
    Ecosystem means communities of organisms interacting with one 
another and with the chemical and physical factors making up their 
environment.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(8).
    Healthy ecosystem means an ecosystem where ecological productive 
capacity is maintained, diversity of the flora and fauna is preserved, 
and the ecosystem retains the ability to regulate itself. Such an 
ecosystem should be similar to comparable, undisturbed ecosystems with 
regard to standing crop, productivity, nutrient dynamics,

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trophic structure, species richness, stability, resilience, 
contamination levels, and the frequency of diseased organisms.
    Overfished means any stock or stock complex, the status of which is 
reported as overfished by the Secretary pursuant to section 304(e)(1) of 
the Magnuson-Stevens Act.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'' are used in the same 
manner as in Sec. 600.305(c).



Sec. 600.815  Contents of Fishery Management Plans.

    (a) Mandatory contents--(1) Description and identification of EFH--
(i) Overview. FMPs must describe and identify EFH in text that clearly 
states the habitats or habitat types determined to be EFH for each life 
stage of the managed species. FMPs should explain the physical, 
biological, and chemical characteristics of EFH and, if known, how these 
characteristics influence the use of EFH by the species/life stage. FMPs 
must identify the specific geographic location or extent of habitats 
described as EFH. FMPs must include maps of the geographic locations of 
EFH or the geographic boundaries within which EFH for each species and 
life stage is found.
    (ii) Habitat information by life stage. (A) Councils need basic 
information to understand the usage of various habitats by each managed 
species. Pertinent information includes the geographic range and habitat 
requirements by life stage, the distribution and characteristics of 
those habitats, and current and historic stock size as it affects 
occurrence in available habitats. FMPs should summarize the life history 
information necessary to understand each species' relationship to, or 
dependence on, its various habitats, using text, tables, and figures, as 
appropriate. FMPs should document patterns of temporal and spatial 
variation in the distribution of each major life stage (defined by 
developmental and functional shifts) to aid in understanding habitat 
needs. FMPs should summarize (e.g., in tables) all available information 
on environmental and habitat variables that control or limit 
distribution, abundance, reproduction, growth, survival, and 
productivity of the managed species. The information should be supported 
with citations.
    (B) Councils should obtain information to describe and identify EFH 
from the best available sources, including peer-reviewed literature, 
unpublished scientific reports, data files of government resource 
agencies, fisheries landing reports, and other sources of information. 
Councils should consider different types of information according to its 
scientific rigor. FMPs should identify species-specific habitat data 
gaps and deficits in data quality (including considerations of scale and 
resolution; relevance; and potential biases in collection and 
interpretation). FMPs must demonstrate that the best scientific 
information available was used in the description and identification of 
EFH, consistent with national standard 2.
    (iii) Analysis of habitat information. (A) The following approach 
should be used to organize the information necessary to describe and 
identify EFH.
    (1) Level 1: Distribution data are available for some or all 
portions of the geographic range of the species. At this level, only 
distribution data are available to describe the geographic range of a 
species (or life stage). Distribution data may be derived from 
systematic presence/absence sampling and/or may include information on 
species and life stages collected opportunistically. In the event that 
distribution data are available only for portions of the geographic area 
occupied by a particular life stage of a species, habitat use can be 
inferred on the basis of distributions among habitats where the species 
has been found and on information about its habitat requirements and 
behavior. Habitat use may also be inferred, if appropriate, based on 
information on a similar species or another life stage.
    (2) Level 2: Habitat-related densities of the species are available. 
At this level, quantitative data (i.e., density or relative abundance) 
are available for the habitats occupied by a species or life stage. 
Because the efficiency of sampling methods is often affected by habitat 
characteristics, strict quality assurance criteria should be used to 
ensure that density estimates are comparable among methods and habitats.

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Density data should reflect habitat utilization, and the degree that a 
habitat is utilized is assumed to be indicative of habitat value. When 
assessing habitat value on the basis of fish densities in this manner, 
temporal changes in habitat availability and utilization should be 
considered.
    (3) Level 3: Growth, reproduction, or survival rates within habitats 
are available. At this level, data are available on habitat-related 
growth, reproduction, and/or survival by life stage. The habitats 
contributing the most to productivity should be those that support the 
highest growth, reproduction, and survival of the species (or life 
stage).
    (4) Level 4: Production rates by habitat are available. At this 
level, data are available that directly relate the production rates of a 
species or life stage to habitat type, quantity, quality, and location. 
Essential habitats are those necessary to maintain fish production 
consistent with a sustainable fishery and the managed species' 
contribution to a healthy ecosystem.
    (B) Councils should strive to describe habitat based on the highest 
level of detail (i.e., Level 4). If there is no information on a given 
species or life stage, and habitat usage cannot be inferred from other 
means, such as information on a similar species or another life stage, 
EFH should not be designated.
    (iv) EFH determination. (A) Councils should analyze available 
ecological, environmental, and fisheries information and data relevant 
to the managed species, the habitat requirements by life stage, and the 
species' distribution and habitat usage to describe and identify EFH. 
The information described in paragraphs (a)(1)(ii) and (iii) of this 
section will allow Councils to assess the relative value of habitats. 
Councils should interpret this information in a risk-averse fashion to 
ensure adequate areas are identified as EFH for managed species. Level 1 
information, if available, should be used to identify the geographic 
range of the species at each life stage. If only Level 1 information is 
available, distribution data should be evaluated (e.g., using a 
frequency of occurrence or other appropriate analysis) to identify EFH 
as those habitat areas most commonly used by the species. Level 2 
through 4 information, if available, should be used to identify EFH as 
the habitats supporting the highest relative abundance; growth, 
reproduction, or survival rates; and/or production rates within the 
geographic range of a species. FMPs should explain the analyses 
conducted to distinguish EFH from all habitats potentially used by a 
species.
    (B) FMPs must describe EFH in text, including reference to the 
geographic location or extent of EFH using boundaries such as longitude 
and latitude, isotherms, isobaths, political boundaries, and major 
landmarks. If there are differences between the descriptions of EFH in 
text, maps, and tables, the textual description is ultimately 
determinative of the limits of EFH. Text and tables should explain 
pertinent physical, chemical, and biological characteristics of EFH for 
the managed species and explain any variability in habitat usage 
patterns, but the boundaries of EFH should be static.
    (C) If a species is overfished and habitat loss or degradation may 
be contributing to the species being identified as overfished, all 
habitats currently used by the species may be considered essential in 
addition to certain historic habitats that are necessary to support 
rebuilding the fishery and for which restoration is technologically and 
economically feasible. Once the fishery is no longer considered 
overfished, the EFH identification should be reviewed and amended, if 
appropriate.
    (D) Areas described as EFH will normally be greater than or equal to 
aquatic areas that have been identified as ``critical habitat'' for any 
managed species listed as threatened or endangered under the Endangered 
Species Act.
    (E) Ecological relationships among species and between the species 
and their habitat require, where possible, that an ecosystem approach be 
used in determining the EFH of a managed species. EFH must be designated 
for each managed species, but, where appropriate, may be designated for 
assemblages of species or life stages that have similar habitat needs 
and requirements. If grouping species or using species assemblages for 
the purpose of designating EFH, FMPs must include a justification and 
scientific rationale.

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The extent of the EFH should be based on the judgment of the Secretary 
and the appropriate Council(s) regarding the quantity and quality of 
habitat that are necessary to maintain a sustainable fishery and the 
managed species' contribution to a healthy ecosystem.
    (F) If degraded or inaccessible aquatic habitat has contributed to 
reduced yields of a species or assemblage and if, in the judgment of the 
Secretary and the appropriate Council(s), the degraded conditions can be 
reversed through such actions as improved fish passage techniques (for 
stream or river blockages), improved water quality measures (removal of 
contaminants or increasing flows), and similar measures that are 
technologically and economically feasible, EFH should include those 
habitats that would be necessary to the species to obtain increased 
yields.
    (v) EFH mapping requirements. (A) FMPs must include maps that 
display, within the constraints of available information, the geographic 
locations of EFH or the geographic boundaries within which EFH for each 
species and life stage is found. Maps should identify the different 
types of habitat designated as EFH to the extent possible. Maps should 
explicitly distinguish EFH from non-EFH areas. Councils should confer 
with NMFS regarding mapping standards to ensure that maps from different 
Councils can be combined and shared efficiently and effectively. 
Ultimately, data used for mapping should be incorporated into a 
geographic information system (GIS) to facilitate analysis and 
presentation.
    (B) Where the present distribution or stock size of a species or 
life stage is different from the historical distribution or stock size, 
then maps of historical habitat boundaries should be included in the 
FMP, if known.
    (C) FMPs should include maps of any habitat areas of particular 
concern identified under paragraph (a)(8) of this section.
    (2) Fishing activities that may adversely affect EFH--(i) 
Evaluation. Each FMP must contain an evaluation of the potential adverse 
effects of fishing on EFH designated under the FMP, including effects of 
each fishing activity regulated under the FMP or other Federal FMPs. 
This evaluation should consider the effects of each fishing activity on 
each type of habitat found within EFH. FMPs must describe each fishing 
activity, review and discuss all available relevant information (such as 
information regarding the intensity, extent, and frequency of any 
adverse effect on EFH; the type of habitat within EFH that may be 
affected adversely; and the habitat functions that may be disturbed), 
and provide conclusions regarding whether and how each fishing activity 
adversely affects EFH. The evaluation should also consider the 
cumulative effects of multiple fishing activities on EFH. The evaluation 
should list any past management actions that minimize potential adverse 
effects on EFH and describe the benefits of those actions to EFH. The 
evaluation should give special attention to adverse effects on habitat 
areas of particular concern and should identify for possible designation 
as habitat areas of particular concern any EFH that is particularly 
vulnerable to fishing activities. Additionally, the evaluation should 
consider the establishment of research closure areas or other measures 
to evaluate the impacts of fishing activities on EFH. In completing this 
evaluation, Councils should use the best scientific information 
available, as well as other appropriate information sources. Councils 
should consider different types of information according to its 
scientific rigor.
    (ii) Minimizing adverse effects. Each FMP must minimize to the 
extent practicable adverse effects from fishing on EFH, including EFH 
designated under other Federal FMPs. Councils must act to prevent, 
mitigate, or minimize any adverse effects from fishing, to the extent 
practicable, if there is evidence that a fishing activity adversely 
affects EFH in a manner that is more than minimal and not temporary in 
nature, based on the evaluation conducted pursuant to paragraph 
(a)(2)(i) of this section and/or the cumulative impacts analysis 
conducted pursuant to paragraph (a)(5) of this section. In such cases, 
FMPs should identify a range of potential new actions that could be 
taken to address adverse effects on EFH, include an analysis of

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the practicability of potential new actions, and adopt any new measures 
that are necessary and practicable. Amendments to the FMP or to its 
implementing regulations must ensure that the FMP continues to minimize 
to the extent practicable adverse effects on EFH caused by fishing. FMPs 
must explain the reasons for the Council's conclusions regarding the 
past and/or new actions that minimize to the extent practicable the 
adverse effects of fishing on EFH.
    (iii) Practicability. In determining whether it is practicable to 
minimize an adverse effect from fishing, Councils should consider the 
nature and extent of the adverse effect on EFH and the long and short-
term costs and benefits of potential management measures to EFH, 
associated fisheries, and the nation, consistent with national standard 
7. In determining whether management measures are practicable, Councils 
are not required to perform a formal cost/benefit analysis.
    (iv) Options for managing adverse effects from fishing. Fishery 
management options may include, but are not limited to:
    (A) Fishing equipment restrictions. These options may include, but 
are not limited to: seasonal and areal restrictions on the use of 
specified equipment, equipment modifications to allow escapement of 
particular species or particular life stages (e.g., juveniles), 
prohibitions on the use of explosives and chemicals, prohibitions on 
anchoring or setting equipment in sensitive areas, and prohibitions on 
fishing activities that cause significant damage to EFH.
    (B) Time/area closures. These actions may include, but are not 
limited to: closing areas to all fishing or specific equipment types 
during spawning, migration, foraging, and nursery activities and 
designating zones for use as marine protected areas to limit adverse 
effects of fishing practices on certain vulnerable or rare areas/
species/life stages, such as those areas designated as habitat areas of 
particular concern.
    (C) Harvest limits. These actions may include, but are not limited 
to, limits on the take of species that provide structural habitat for 
other species assemblages or communities and limits on the take of prey 
species.
    (3) Non-Magnuson-Stevens Act fishing activities that may adversely 
affect EFH. FMPs must identify any fishing activities that are not 
managed under the Magnuson-Stevens Act that may adversely affect EFH. 
Such activities may include fishing managed by state agencies or other 
authorities.
    (4) Non-fishing related activities that may adversely affect EFH. 
FMPs must identify activities other than fishing that may adversely 
affect EFH. Broad categories of such activities include, but are not 
limited to: dredging, filling, excavation, mining, impoundment, 
discharge, water diversions, thermal additions, actions that contribute 
to non-point source pollution and sedimentation, introduction of 
potentially hazardous materials, introduction of exotic species, and the 
conversion of aquatic habitat that may eliminate, diminish, or disrupt 
the functions of EFH. For each activity, the FMP should describe known 
and potential adverse effects to EFH.
    (5) Cumulative impacts analysis. Cumulative impacts are impacts on 
the environment that result from the incremental impact of an action 
when added to other past, present, and reasonably foreseeable future 
actions, regardless of who undertakes such actions. Cumulative impacts 
can result from individually minor, but collectively significant actions 
taking place over a period of time. To the extent feasible and 
practicable, FMPs should analyze how the cumulative impacts of fishing 
and non-fishing activities influence the function of EFH on an ecosystem 
or watershed scale. An assessment of the cumulative and synergistic 
effects of multiple threats, including the effects of natural stresses 
(such as storm damage or climate-based environmental shifts) and an 
assessment of the ecological risks resulting from the impact of those 
threats on EFH, also should be included.
    (6) Conservation and enhancement. FMPs must identify actions to 
encourage the conservation and enhancement of EFH, including recommended 
options to avoid, minimize, or compensate for the adverse effects 
identified pursuant to paragraphs (a)(3)

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through (5) of this section, especially in habitat areas of particular 
concern.
    (7) Prey species. Loss of prey may be an adverse effect on EFH and 
managed species because the presence of prey makes waters and substrate 
function as feeding habitat, and the definition of EFH includes waters 
and substrate necessary to fish for feeding. Therefore, actions that 
reduce the availability of a major prey species, either through direct 
harm or capture, or through adverse impacts to the prey species' habitat 
that are known to cause a reduction in the population of the prey 
species, may be considered adverse effects on EFH if such actions reduce 
the quality of EFH. FMPs should list the major prey species for the 
species in the fishery management unit and discuss the location of prey 
species' habitat. Adverse effects on prey species and their habitats may 
result from fishing and non-fishing activities.
    (8) Identification of habitat areas of particular concern. FMPs 
should identify specific types or areas of habitat within EFH as habitat 
areas of particular concern based on one or more of the following 
considerations:
    (i) The importance of the ecological function provided by the 
habitat.
    (ii) The extent to which the habitat is sensitive to human-induced 
environmental degradation.
    (iii) Whether, and to what extent, development activities are, or 
will be, stressing the habitat type.
    (iv) The rarity of the habitat type.
    (9) Research and information needs. Each FMP should contain 
recommendations, preferably in priority order, for research efforts that 
the Councils and NMFS view as necessary to improve upon the description 
and identification of EFH, the identification of threats to EFH from 
fishing and other activities, and the development of conservation and 
enhancement measures for EFH.
    (10) Review and revision of EFH components of FMPs. Councils and 
NMFS should periodically review the EFH provisions of FMPs and revise or 
amend EFH provisions as warranted based on available information. FMPs 
should outline the procedures the Council will follow to review and 
update EFH information. The review of information should include, but 
not be limited to, evaluating published scientific literature and 
unpublished scientific reports; soliciting information from interested 
parties; and searching for previously unavailable or inaccessible data. 
Councils should report on their review of EFH information as part of the 
annual Stock Assessment and Fishery Evaluation (SAFE) report prepared 
pursuant to Sec. 600.315(e). A complete review of all EFH information 
should be conducted as recommended by the Secretary, but at least once 
every 5 years.
    (b) Development of EFH recommendations for Councils. After reviewing 
the best available scientific information, as well as other appropriate 
information, and in consultation with the Councils, participants in the 
fishery, interstate commissions, Federal agencies, state agencies, and 
other interested parties, NMFS will develop written recommendations to 
assist each Council in the identification of EFH, adverse impacts to 
EFH, and actions that should be considered to ensure the conservation 
and enhancement of EFH for each FMP. NMFS will provide such 
recommendations for the initial incorporation of EFH information into an 
FMP and for any subsequent modification of the EFH components of an FMP. 
The NMFS EFH recommendations may be provided either before the Council's 
development of a draft EFH document or later as a review of a draft EFH 
document developed by a Council, as appropriate.
    (c) Relationship to other fishery management authorities. Councils 
are encouraged to coordinate with state and interstate fishery 
management agencies where Federal fisheries affect state and interstate 
managed fisheries or where state or interstate fishery regulations 
affect the management of Federal fisheries. Where a state or interstate 
fishing activity adversely affects EFH, NMFS will consider that action 
to be an adverse effect on EFH pursuant to paragraph (a)(3) of this 
section and will provide EFH Conservation Recommendations to the 
appropriate state or interstate fishery management agency on that 
activity.

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      Subpart K_EFH Coordination, Consultation, and Recommendations

    Source: 67 FR 2376, Jan. 17, 2002, unless otherwise noted.



Sec. 600.905  Purpose, scope, and NMFS/Council cooperation.

    (a) Purpose. These procedures address the coordination, 
consultation, and recommendation requirements of sections 305(b)(1)(D) 
and 305(b)(2-4) of the Magnuson-Stevens Act. The purpose of these 
procedures is to promote the protection of EFH in the review of Federal 
and state actions that may adversely affect EFH.
    (b) Scope. Section 305(b)(1)(D) of the Magnuson-Stevens Act requires 
the Secretary to coordinate with, and provide information to, other 
Federal agencies regarding the conservation and enhancement of EFH. 
Section 305(b)(2) requires all Federal agencies to consult with the 
Secretary on all actions or proposed actions authorized, funded, or 
undertaken by the agency that may adversely affect EFH. Sections 
305(b)(3) and (4) direct the Secretary and the Councils to provide 
comments and EFH Conservation Recommendations to Federal or state 
agencies on actions that affect EFH. Such recommendations may include 
measures to avoid, minimize, mitigate, or otherwise offset adverse 
effects on EFH resulting from actions or proposed actions authorized, 
funded, or undertaken by that agency. Section 305(b)(4)(B) requires 
Federal agencies to respond in writing to such comments. The following 
procedures for coordination, consultation, and recommendations allow all 
parties involved to understand and implement the requirements of the 
Magnuson-Stevens Act.
    (c) Cooperation between Councils and NMFS. The Councils and NMFS 
should cooperate closely to identify actions that may adversely affect 
EFH, to develop comments and EFH Conservation Recommendations to Federal 
and state agencies, and to provide EFH information to Federal and state 
agencies. NMFS will work with each Council to share information and to 
coordinate Council and NMFS comments and recommendations on actions that 
may adversely affect EFH. However, NMFS and the Councils also have the 
authority to act independently.



Sec. 600.910  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact that reduces quality and/or quantity 
of EFH. Adverse effects may include direct or indirect physical, 
chemical, or biological alterations of the waters or substrate and loss 
of, or injury to, benthic organisms, prey species and their habitat, and 
other ecosystem components, if such modifications reduce the quality 
and/or quantity of EFH. Adverse effects to EFH may result from actions 
occurring within EFH or outside of EFH and may include site-specific or 
habitat-wide impacts, including individual, cumulative, or synergistic 
consequences of actions.
    Anadromous fishery resource under Council authority means an 
anadromous species managed under an FMP.
    Federal action means any action authorized, funded, or undertaken, 
or proposed to be authorized, funded, or undertaken by a Federal agency.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(8).
    State action means any action authorized, funded, or undertaken, or 
proposed to be authorized, funded, or undertaken by a state agency.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'' are used in the same 
manner as in Sec. 600.305(c).



Sec. 600.915  Coordination for the conservation and enhancement of EFH.

    To further the conservation and enhancement of EFH in accordance 
with section 305(b)(1)(D) of the Magnuson-Stevens Act, NMFS will compile 
and make available to other Federal and state agencies, and the general 
public, information on the locations of EFH, including maps and/or 
narrative descriptions. NMFS will also provide information on ways to 
improve ongoing

[[Page 120]]

Federal operations to promote the conservation and enhancement of EFH. 
Federal and state agencies empowered to authorize, fund, or undertake 
actions that may adversely affect EFH are encouraged to contact NMFS and 
the Councils to become familiar with areas designated as EFH, potential 
threats to EFH, and opportunities to promote the conservation and 
enhancement of EFH.



Sec. 600.920  Federal agency consultation with the Secretary.

    (a) Consultation generally--(1) Actions requiring consultation. 
Pursuant to section 305(b)(2) of the Magnuson-Stevens Act, Federal 
agencies must consult with NMFS regarding any of their actions 
authorized, funded, or undertaken, or proposed to be authorized, funded, 
or undertaken that may adversely affect EFH. EFH consultation is not 
required for actions that were completed prior to the approval of EFH 
designations by the Secretary, e.g., issued permits. Consultation is 
required for renewals, reviews, or substantial revisions of actions if 
the renewal, review, or revision may adversely affect EFH. Consultation 
on Federal programs delegated to non-Federal entities is required at the 
time of delegation, review, and renewal of the delegation. EFH 
consultation is required for any Federal funding of actions that may 
adversely affect EFH. NMFS and Federal agencies responsible for funding 
actions that may adversely affect EFH should consult on a programmatic 
level under paragraph (j) of this section, if appropriate, with respect 
to these actions. Consultation is required for emergency Federal actions 
that may adversely affect EFH, such as hazardous material clean-up, 
response to natural disasters, or actions to protect public safety. 
Federal agencies should contact NMFS early in emergency response 
planning, but may consult after-the-fact if consultation on an expedited 
basis is not practicable before taking the action.
    (2) Approaches for conducting consultation. Federal agencies may use 
one of the five approaches described in paragraphs (f) through (j) of 
this section to fulfill the EFH consultation requirements. The selection 
of a particular approach for handling EFH consultation depends on the 
nature and scope of the actions that may adversely affect EFH. Federal 
agencies should use the most efficient approach for EFH consultation 
that is appropriate for a given action or actions. The five approaches 
are: use of existing environmental review procedures, General 
Concurrence, abbreviated consultation, expanded consultation, and 
programmatic consultation.
    (3) Early notification and coordination. The Federal agency should 
notify NMFS in writing as early as practicable regarding actions that 
may adversely affect EFH. Notification will facilitate discussion of 
measures to conserve EFH. Such early coordination should occur during 
pre-application planning for projects subject to a Federal permit or 
license and during preliminary planning for projects to be funded or 
undertaken directly by a Federal agency.
    (b) Designation of lead agency. If more than one Federal agency is 
responsible for a Federal action, the consultation requirements of 
sections 305(b)(2) through (4) of the Magnuson-Stevens Act may be 
fulfilled through a lead agency. The lead agency should notify NMFS in 
writing that it is representing one or more additional agencies. 
Alternatively, if one Federal agency has completed an EFH consultation 
for an action and another Federal agency acts separately to authorize, 
fund, or undertake the same activity (such as issuing a permit for an 
activity that was funded via a separate Federal action), the completed 
EFH consultation may suffice for both Federal actions if it adequately 
addresses the adverse effects of the actions on EFH. Federal agencies 
may need to consult with NMFS separately if, for example, only one of 
the agencies has the authority to implement measures necessary to 
minimize adverse effects on EFH and that agency does not act as the lead 
agency.
    (c) Designation of non-Federal representative. A Federal agency may 
designate a non-Federal representative to conduct an EFH consultation by 
giving written notice of such designation to NMFS. If a non-Federal 
representative

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is used, the Federal action agency remains ultimately responsible for 
compliance with sections 305(b)(2) and 305(b)(4)(B) of the Magnuson-
Stevens Act.
    (d) Best available information. The Federal agency and NMFS must use 
the best scientific information available regarding the effects of the 
action on EFH and the measures that can be taken to avoid, minimize, or 
offset such effects. Other appropriate sources of information may also 
be considered.
    (e) EFH Assessments--(1) Preparation requirement. For any Federal 
action that may adversely affect EFH, Federal agencies must provide NMFS 
with a written assessment of the effects of that action on EFH. For 
actions covered by a General Concurrence under paragraph (g) of this 
section, an EFH Assessment should be completed during the development of 
the General Concurrence and is not required for the individual actions. 
For actions addressed by a programmatic consultation under paragraph (j) 
of this section, an EFH Assessment should be completed during the 
programmatic consultation and is not required for individual actions 
implemented under the program, except in those instances identified by 
NMFS in the programmatic consultation as requiring separate EFH 
consultation. Federal agencies are not required to provide NMFS with 
assessments regarding actions that they have determined would not 
adversely affect EFH. Federal agencies may incorporate an EFH Assessment 
into documents prepared for other purposes such as Endangered Species 
Act (ESA) Biological Assessments pursuant to 50 CFR part 402 or National 
Environmental Policy Act (NEPA) documents and public notices pursuant to 
40 CFR part 1500. If an EFH Assessment is contained in another document, 
it must include all of the information required in paragraph (e)(3) of 
this section and be clearly identified as an EFH Assessment. The 
procedure for combining an EFH consultation with other environmental 
reviews is set forth in paragraph (f) of this section.
    (2) Level of detail. The level of detail in an EFH Assessment should 
be commensurate with the complexity and magnitude of the potential 
adverse effects of the action. For example, for relatively simple 
actions involving minor adverse effects on EFH, the assessment may be 
very brief. Actions that may pose a more serious threat to EFH warrant a 
correspondingly more detailed EFH Assessment.
    (3) Mandatory contents. The assessment must contain:
    (i) A description of the action.
    (ii) An analysis of the potential adverse effects of the action on 
EFH and the managed species.
    (iii) The Federal agency's conclusions regarding the effects of the 
action on EFH.
    (iv) Proposed mitigation, if applicable.
    (4) Additional information. If appropriate, the assessment should 
also include:
    (i) The results of an on-site inspection to evaluate the habitat and 
the site-specific effects of the project.
    (ii) The views of recognized experts on the habitat or species that 
may be affected.
    (iii) A review of pertinent literature and related information.
    (iv) An analysis of alternatives to the action. Such analysis should 
include alternatives that could avoid or minimize adverse effects on 
EFH.
    (v) Other relevant information.
    (5) Incorporation by reference. The assessment may incorporate by 
reference a completed EFH Assessment prepared for a similar action, 
supplemented with any relevant new project specific information, 
provided the proposed action involves similar impacts to EFH in the same 
geographic area or a similar ecological setting. It may also incorporate 
by reference other relevant environmental assessment documents. These 
documents must be provided to NMFS with the EFH Assessment.
    (f) Use of existing environmental review procedures--(1) Purpose and 
criteria. Consultation and commenting under sections 305(b)(2) and 
305(b)(4) of the Magnuson-Stevens Act should be consolidated, where 
appropriate, with interagency consultation, coordination, and 
environmental review procedures required by other statutes, such as 
NEPA, the Fish and Wildlife Coordination Act, Clean Water Act, ESA, and 
Federal Power Act. The requirements

[[Page 122]]

of sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens Act, 
including consultations that would be considered to be abbreviated or 
expanded consultations under paragraphs (h) and (i) of this section, can 
be combined with existing procedures required by other statutes if such 
processes meet, or are modified to meet, the following criteria:
    (i) The existing process must provide NMFS with timely notification 
of actions that may adversely affect EFH. The Federal agency should 
notify NMFS according to the same timeframes for notification (or for 
public comment) as in the existing process. Whenever possible, NMFS 
should have at least 60 days notice prior to a final decision on an 
action, or at least 90 days if the action would result in substantial 
adverse impacts. NMFS and the action agency may agree to use shorter 
timeframes provided that they allow sufficient time for NMFS to develop 
EFH Conservation Recommendations.
    (ii) Notification must include an assessment of the impacts of the 
action on EFH that meets the requirements for EFH Assessments contained 
in paragraph (e) of this section. If the EFH Assessment is contained in 
another document, the Federal agency must identify that section of the 
document as the EFH Assessment.
    (iii) NMFS must have made a finding pursuant to paragraph (f)(3) of 
this section that the existing process can be used to satisfy the 
requirements of sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens 
Act.
    (2) NMFS response to Federal agency. If an existing environmental 
review process is used to fulfill the EFH consultation requirements, the 
comment deadline for that process should apply to the submittal of NMFS 
EFH Conservation Recommendations under section 305(b)(4)(A) of the 
Magnuson-Stevens Act, unless NMFS and the Federal agency agree to a 
different deadline. If NMFS EFH Conservation Recommendations are 
combined with other NMFS or NOAA comments on a Federal action, such as 
NOAA comments on a draft Environmental Impact Statement, the EFH 
Conservation Recommendations will be clearly identified as such (e.g., a 
section in the comment letter entitled ``EFH Conservation 
Recommendations'') and a Federal agency response pursuant to section 
305(b)(4)(B) of the Magnuson-Stevens Act is required for only the 
identified portion of the comments.
    (3) NMFS finding. A Federal agency with an existing environmental 
review process should contact NMFS at the appropriate level (regional 
offices for regional processes, headquarters office for national 
processes) to discuss how to combine the EFH consultation requirements 
with the existing process, with or without modifications. If, at the 
conclusion of these discussions, NMFS determines that the existing or 
modified process meets the criteria of paragraph (f)(1) of this section, 
NMFS will make a finding that the process can be used to satisfy the EFH 
consultation requirements of the Magnuson-Stevens Act. If NMFS does not 
make such a finding, or if there are no existing consultation processes 
relevant to the Federal agency's actions, the agency and NMFS should 
follow one of the approaches for consultation discussed in the following 
sections.
    (g) General Concurrence--(1) Purpose. A General Concurrence 
identifies specific types of Federal actions that may adversely affect 
EFH, but for which no further consultation is generally required because 
NMFS has determined, through an analysis of that type of action, that it 
will likely result in no more than minimal adverse effects individually 
and cumulatively. General Concurrences may be national or regional in 
scope.
    (2) Criteria. (i) For Federal actions to qualify for General 
Concurrence, NMFS must determine that the actions meet all of the 
following criteria:
    (A) The actions must be similar in nature and similar in their 
impact on EFH.
    (B) The actions must not cause greater than minimal adverse effects 
on EFH when implemented individually.
    (C) The actions must not cause greater than minimal cumulative 
adverse effects on EFH.
    (ii) Actions qualifying for General Concurrence must be tracked to 
ensure that their cumulative effects are no more than minimal. In most 
cases,

[[Page 123]]

tracking actions covered by a General Concurrence will be the 
responsibility of the Federal agency. However, NMFS may agree to track 
such actions. Tracking should include numbers of actions and the amount 
and type of habitat adversely affected, and should specify the baseline 
against which the actions will be tracked. The agency responsible for 
tracking such actions should make the information available to NMFS, the 
applicable Council(s), and to the public on an annual basis.
    (iii) Categories of Federal actions may also qualify for General 
Concurrence if they are modified by appropriate conditions that ensure 
the actions will meet the criteria in paragraph (g)(2)(i) of this 
section. For example, NMFS may provide General Concurrence for 
additional actions contingent upon project size limitations, seasonal 
restrictions, or other conditions.
    (iv) If a General Concurrence is proposed for actions that may 
adversely affect habitat areas of particular concern, the General 
Concurrence should be subject to a higher level of scrutiny than a 
General Concurrence not involving a habitat area of particular concern.
    (3) General Concurrence development. A Federal agency may request a 
General Concurrence for a category of its actions by providing NMFS with 
an EFH Assessment containing a description of the nature and approximate 
number of the actions, an analysis of the effects of the actions on EFH, 
including cumulative effects, and the Federal agency's conclusions 
regarding the magnitude of such effects. If NMFS agrees that the actions 
fit the criteria in paragraph (g)(2)(i) of this section, NMFS will 
provide the Federal agency with a written statement of General 
Concurrence that further consultation is not required. If NMFS does not 
agree that the actions fit the criteria in paragraph (g)(2)(i) of this 
section, NMFS will notify the Federal agency that a General Concurrence 
will not be issued and that another type of consultation will be 
required. If NMFS identifies specific types of Federal actions that may 
meet the requirements for a General Concurrence, NMFS may initiate and 
complete a General Concurrence.
    (4) Further consultation. NMFS may request notification for actions 
covered under a General Concurrence if NMFS concludes there are 
circumstances under which such actions could result in more than a 
minimal impact on EFH, or if it determines that there is no process in 
place to adequately assess the cumulative impacts of actions covered 
under the General Concurrence. NMFS may request further consultation for 
these actions on a case-by-case basis. Each General Concurrence should 
establish specific procedures for further consultation, if appropriate.
    (5) Notification. After completing a General Concurrence, NMFS will 
provide a copy to the appropriate Council(s) and will make the General 
Concurrence available to the public by posting the document on the 
internet or through other appropriate means.
    (6) Revisions. NMFS will periodically review and revise its General 
Concurrences, as appropriate.
    (h) Abbreviated consultation procedures--(1) Purpose and criteria. 
Abbreviated consultation allows NMFS to determine quickly whether, and 
to what degree, a Federal action may adversely affect EFH. Federal 
actions that may adversely affect EFH should be addressed through the 
abbreviated consultation procedures when those actions do not qualify 
for a General Concurrence, but do not have the potential to cause 
substantial adverse effects on EFH. For example, the abbreviated 
consultation procedures should be used when the adverse effect(s) of an 
action could be alleviated through minor modifications.
    (2) Notification by agency and submittal of EFH Assessment. 
Abbreviated consultation begins when NMFS receives from the Federal 
agency an EFH Assessment in accordance with paragraph (e) of this 
section and a written request for consultation.
    (3) NMFS response to Federal agency. If NMFS determines, contrary to 
the Federal agency's assessment, that an action would not adversely 
affect EFH, or if NMFS determines that no EFH Conservation 
Recommendations are needed, NMFS will notify the Federal agency either 
informally or in writing of its determination. If NMFS believes

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that the action may result in substantial adverse effects on EFH, or 
that additional analysis is needed to assess the effects of the action, 
NMFS will request in writing that the Federal agency initiate expanded 
consultation. Such request will explain why NMFS believes expanded 
consultation is needed and will specify any new information needed. If 
expanded consultation is not necessary, NMFS will provide EFH 
Conservation Recommendations, if appropriate, pursuant to section 
305(b)(4)(A) of the Magnuson-Stevens Act.
    (4) Timing. The Federal agency must submit its EFH Assessment to 
NMFS as soon as practicable, but at least 60 days prior to a final 
decision on the action. NMFS must respond in writing within 30 days. 
NMFS and the Federal agency may agree to use a compressed schedule in 
cases where regulatory approvals or emergency situations cannot 
accommodate 30 days for consultation, or to conduct consultation earlier 
in the planning cycle for actions with lengthy approval processes.
    (i) Expanded consultation procedures--(1) Purpose and criteria. 
Expanded consultation allows maximum opportunity for NMFS and the 
Federal agency to work together to review the action's impacts on EFH 
and to develop EFH Conservation Recommendations. Expanded consultation 
procedures must be used for Federal actions that would result in 
substantial adverse effects to EFH. Federal agencies are encouraged to 
contact NMFS at the earliest opportunity to discuss whether the adverse 
effects of an action make expanded consultation appropriate.
    (2) Notification by agency and submittal of EFH Assessment. Expanded 
consultation begins when NMFS receives from the Federal agency an EFH 
Assessment in accordance with paragraph (e) of this section and a 
written request for expanded consultation. Federal agencies are 
encouraged to provide in the EFH Assessment the additional information 
identified under paragraph (e)(4) of this section to facilitate review 
of the effects of the action on EFH.
    (3) NMFS response to Federal agency. NMFS will:
    (i) Review the EFH Assessment, any additional information furnished 
by the Federal agency, and other relevant information.
    (ii) Conduct a site visit, if appropriate, to assess the quality of 
the habitat and to clarify the impacts of the Federal agency action. 
Such a site visit should be coordinated with the Federal agency and 
appropriate Council(s), if feasible.
    (iii) Coordinate its review of the action with the appropriate 
Council(s).
    (iv) Discuss EFH Conservation Recommendations with the Federal 
agency and provide such recommendations to the Federal agency, pursuant 
to section 305(b)(4)(A) of the Magnuson-Stevens Act.
    (4) Timing. The Federal agency must submit its EFH Assessment to 
NMFS as soon as practicable, but at least 90 days prior to a final 
decision on the action. NMFS must respond within 60 days of submittal of 
a complete EFH Assessment unless consultation is extended by agreement 
between NMFS and the Federal agency. NMFS and Federal agencies may agree 
to use a compressed schedule in cases where regulatory approvals or 
emergency situations cannot accommodate 60 days for consultation, or to 
conduct consultation earlier in the planning cycle for actions with 
lengthy approval processes.
    (5) Extension of consultation. If NMFS determines that additional 
data or analysis would provide better information for development of EFH 
Conservation Recommendations, NMFS may request additional time for 
expanded consultation. If NMFS and the Federal agency agree to an 
extension, the Federal agency should provide the additional information 
to NMFS, to the extent practicable. If NMFS and the Federal agency do 
not agree to extend consultation, NMFS must provide EFH Conservation 
Recommendations to the Federal agency using the best scientific 
information available to NMFS.
    (j) Programmatic consultation--(1) Purpose. Programmatic 
consultation provides a means for NMFS and a Federal agency to consult 
regarding a potentially large number of individual actions that may 
adversely affect EFH.

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Programmatic consultation will generally be the most appropriate option 
to address funding programs, large-scale planning efforts, and other 
instances where sufficient information is available to address all 
reasonably foreseeable adverse effects on EFH of an entire program, 
parts of a program, or a number of similar individual actions occurring 
within a given geographic area.
    (2) Process. A Federal agency may request programmatic consultation 
by providing NMFS with an EFH Assessment in accordance with paragraph 
(e) of this section. The description of the proposed action in the EFH 
Assessment should describe the program and the nature and approximate 
number (annually or by some other appropriate time frame) of the 
actions. NMFS may also initiate programmatic consultation by requesting 
pertinent information from a Federal agency.
    (3) NMFS response to Federal agency. NMFS will respond to the 
Federal agency with programmatic EFH Conservation Recommendations and, 
if applicable, will identify any potential adverse effects that could 
not be addressed programmatically and require project-specific 
consultation. NMFS may also determine that programmatic consultation is 
not appropriate, in which case all EFH Conservation Recommendations will 
be deferred to project-specific consultations. If appropriate, NMFS' 
response may include a General Concurrence for activities that qualify 
under paragraph (g) of this section.
    (k) Responsibilities of Federal agency following receipt of EFH 
Conservation Recommendations--(1) Federal agency response. As required 
by section 305(b)(4)(B) of the Magnuson-Stevens Act, the Federal agency 
must provide a detailed response in writing to NMFS and to any Council 
commenting on the action under section 305(b)(3) of the Magnuson-Stevens 
Act within 30 days after receiving an EFH Conservation Recommendation 
from NMFS. Such a response must be provided at least 10 days prior to 
final approval of the action if the response is inconsistent with any of 
NMFS' EFH Conservation Recommendations, unless NMFS and the Federal 
agency have agreed to use alternative time frames for the Federal agency 
response. The response must include a description of measures proposed 
by the agency for avoiding, mitigating, or offsetting the impact of the 
activity on EFH. In the case of a response that is inconsistent with 
NMFS Conservation Recommendations, the Federal agency must explain its 
reasons for not following the recommendations, including the scientific 
justification for any disagreements with NMFS over the anticipated 
effects of the action and the measures needed to avoid, minimize, 
mitigate, or offset such effects.
    (2) Further review of decisions inconsistent with NMFS or Council 
recommendations. If a Federal agency decision is inconsistent with a 
NMFS EFH Conservation Recommendation, the Assistant Administrator for 
Fisheries may request a meeting with the head of the Federal agency, as 
well as with any other agencies involved, to discuss the action and 
opportunities for resolving any disagreements. If a Federal agency 
decision is also inconsistent with a Council recommendation made 
pursuant to section 305(b)(3) of the Magnuson-Stevens Act, the Council 
may request that the Assistant Administrator initiate further review of 
the Federal agency's decision and involve the Council in any interagency 
discussion to resolve disagreements with the Federal agency. The 
Assistant Administrator will make every effort to accommodate such a 
request. NMFS may develop written procedures to further define such 
review processes.
    (l) Supplemental consultation. A Federal agency must reinitiate 
consultation with NMFS if the agency substantially revises its plans for 
an action in a manner that may adversely affect EFH or if new 
information becomes available that affects the basis for NMFS EFH 
Conservation Recommendations.



Sec. 600.925  NMFS EFH Conservation Recommendations to Federal and state 

agencies.

    (a) General. Under section 305(b)(4)(A) of the Magnuson-Stevens Act, 
NMFS is required to provide EFH Conservation Recommendations to Federal 
and state

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agencies for actions that would adversely affect EFH. NMFS will not 
recommend that state or Federal agencies take actions beyond their 
statutory authority.
    (b) Recommendations to Federal agencies. For Federal actions, EFH 
Conservation Recommendations will be provided to Federal agencies as 
part of EFH consultations conducted pursuant to Sec. 600.920. If NMFS 
becomes aware of a Federal action that would adversely affect EFH, but 
for which a Federal agency has not initiated an EFH consultation, NMFS 
may request that the Federal agency initiate EFH consultation, or NMFS 
will provide EFH Conservation Recommendations based on the information 
available.
    (c) Recommendations to state agencies--(1) Establishment of 
procedures. The Magnuson-Stevens Act does not require state agencies to 
consult with the Secretary regarding EFH. NMFS will use existing 
coordination procedures or establish new procedures to identify state 
actions that may adversely affect EFH, and to determine the most 
appropriate method for providing EFH Conservation Recommendations to 
state agencies.
    (2) Coordination with states on recommendations to Federal agencies. 
When an action that would adversely affect EFH is authorized, funded, or 
undertaken by both Federal and state agencies, NMFS will provide the 
appropriate state agencies with copies of EFH Conservation 
Recommendations developed as part of the Federal consultation procedures 
in Sec. 600.920. NMFS will also seek agreements on sharing information 
and copies of recommendations with Federal or state agencies conducting 
similar consultation and recommendation processes to ensure coordination 
of such efforts.
    (d) Coordination with Councils. NMFS will coordinate with each 
Council to identify the types of actions on which Councils intend to 
comment pursuant to section 305(b)(3) of the Magnuson-Stevens Act. For 
such actions NMFS will share pertinent information with the Council, 
including copies of NMFS' EFH Conservation Recommendations.



Sec. 600.930  Council comments and recommendations to Federal and state 

agencies.

    Under section 305(b)(3) of the Magnuson-Stevens Act, Councils may 
comment on and make recommendations to the Secretary and any Federal or 
state agency concerning any activity or proposed activity authorized, 
funded, or undertaken by the agency that, in the view of the Council, 
may affect the habitat, including EFH, of a fishery resource under its 
authority. Councils must provide such comments and recommendations 
concerning any activity that, in the view of the Council, is likely to 
substantially affect the habitat, including EFH, of an anadromous 
fishery resource under Council authority.
    (a) Establishment of procedures. Each Council should establish 
procedures for reviewing Federal or state actions that may adversely 
affect the habitat, including EFH, of a species under its authority. 
Each Council may receive information on actions of concern by methods 
such as directing Council staff to track proposed actions, recommending 
that the Council's habitat committee identify actions of concern, or 
entering into an agreement with NMFS to have the appropriate Regional 
Administrator notify the Council of actions of concern that would 
adversely affect EFH. Federal and state actions often follow specific 
timetables which may not coincide with Council meetings. Therefore, 
Councils should consider establishing abbreviated procedures for the 
development of Council recommendations.
    (b) Early involvement. Councils should provide comments and 
recommendations on proposed state and Federal actions of concern as 
early as practicable in project planning to ensure thorough 
consideration of Council concerns by the action agency. Each Council 
should provide NMFS with copies of its comments and recommendations to 
state and Federal agencies.



             Subpart L_Fishing Capacity Reduction Framework

    Authority: 16 U.S.C. 1861a(b)-(e).

    Source: 65 FR 31443, May 18, 2000, unless otherwise noted.

[[Page 127]]



Sec. 600.1000  Definitions.

    In addition to the definitions in the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and in Sec. 
600.10 of this title, the terms used in this subpart have the following 
meanings:
    Address of Record means the business address of a person, 
partnership, or corporation. Addresses listed on permits or other NMFS 
records are presumed to be business addresses, unless clearly indicated 
otherwise.
    Bid means the price a vessel owner or reduction fishery permit 
holder requests for reduction of his/her fishing capacity. It is an 
irrevocable offer in response to the invitation to bid in Sec. 
600.1009.
    Borrower means, individually and collectively, each post-reduction 
fishing permit holder and/or fishing vessel owner fishing in the 
reduction fishery.
    Business plan means the document containing the information 
specified in Sec. 600.1003(n) and required to be submitted with a 
request for a financed program.
    Business week means a 7-day period, Saturday through Friday.
    Controlling fishery management plan or program (CFMP) means either 
any fishery management plan or any state fishery management plan or 
program, including amendments to the plan or program, pursuant to which 
a fishery is managed.
    Delivery value means:
    (1) For unprocessed fish, all compensation that a fish buyer pays to 
a fish seller in exchange for fee fish; and
    (2) For processed fish, all compensation that a fish buyer would 
have paid to a fish seller in exchange for fee fish if the fee fish had 
been unprocessed fish instead of processed fish.
    Delivery value encompasses fair market value, as defined herein, and 
includes the value of all in-kind compensation or all other goods or 
services exchanged in lieu of cash. It is synonymous with the statutory 
term ``ex-vessel value'' as used in section 312 of the Magnuson Act.
    Deposit principal means all collected fee revenue that a fish buyer 
deposits in a segregated account maintained at a federally insured 
financial institution for the sole purpose of aggregating collected fee 
revenue before sending the fee revenue to NMFS for repaying a reduction 
loan.
    Fair market value means the amount that a buyer pays a seller in an 
arm's length transaction or, alternatively, would pay a seller if the 
transaction were at arm's length.
    Fee means the amount that fish buyers deduct from the delivery value 
under a financed reduction program. The fee is the delivery value times 
the reduction fishery's applicable fee rate under section 600.1013.
    Fee fish means all fish harvested from a reduction fishery involving 
a financed program during the period in which any amount of the 
reduction loan remains unpaid. The term fee fish excludes fish harvested 
incidentally while fishing for fish not included in the reduction 
fishery.
    Final development plan means the document NMFS prepares, under Sec. 
600.1006(b) and based on the preliminary development plan the requester 
submits, for a subsidized program.
    Financed means funded, in any part, by a reduction loan.
    Fish buyer means the first ex-vessel party who:
    (1) In an arm's--length transaction, purchases fee fish from a fish 
seller;
    (2) Takes fish on consignment from a fish seller; or
    (3) Otherwise receives fish from a fish seller in a non arm's-length 
transaction.
    Fish delivery means the point at which a fish buyer first purchases 
fee fish or takes possession of fee fish from a fish seller.
    Fishing capacity reduction specifications means the minimum amount 
of fishing capacity reduction and the maximum amount of reduction loan 
principal specified in a business plan.
    Fish seller means the party who harvests and first sells or 
otherwise delivers fee fish to a fish buyer.
    Fishery Management Plan (FMP) means any Federal fishery management 
plan, including amendments to the plan, that the Secretary of Commerce 
approves or adopts pursuant to section 303 of the Magnuson-Stevens Act.
    Fund means the Fishing Capacity Reduction Fund, and each subaccount 
for

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each program, established in the U.S. Treasury for the deposit into, and 
disbursement from, all funds, including all reduction loan capital and 
all fee revenue, involving each program.
    Implementation plan means the plan in Sec. 600.1008 for carrying 
out each program.
    Implementation regulations mean the regulations in Sec. 600.1008 
for carrying out each program.
    Net delivery value means the delivery value minus the fee.
    Post-bidding referendum means a referendum that follows bidding 
under Sec. 600.1009.
    Post-reduction means after a program reduces fishing capacity in a 
reduction fishery.
    Pre-bidding referendum means a referendum that occurs at any time 
after a request for a financed program but before a proposal under Sec. 
600.1008 of an implementation plan and implementation regulations.
    Preliminary development plan means the document specified in Sec. 
600.1005(g) and required to be submitted with a request for a subsidized 
program.
    Processed fish means fish in any form different from the form in 
which the fish existed at the time the fish was first harvested, unless 
any such difference in form represents, in the reduction fishery 
involved, the standard ex-vessel form upon which fish sellers and fish 
buyers characteristically base the delivery value of unprocessed fish.
    Program means each instance of reduction under this subpart, in each 
reduction fishery--starting with a request and ending, for a financed 
program, with full reduction loan repayment.
    Reduction means the act of reducing fishing capacity under any 
program.
    Reduction amendment means any amendment, or, where appropriate, 
framework adjustment, to a CFMP that may be necessary for a program to 
meet the requirements of this subpart.
    Reduction amendment specifications mean the reduction amendment to a 
CFMP specified in a business plan.
    Reduction contract means the invitation to bid under Sec. 600.1009, 
together with each bidder's irrevocable offer and NMFS' conditional or 
non-conditional acceptance of each such bid under Sec. 600.1009.
    Reduction cost means the total dollar amount of all reduction 
payments to fishing permit owners, fishing vessel owners, or both, in a 
reduction fishery.
    Reduction fishery means the fishery or portion of a fishery to which 
a program applies. The reduction fishery must specify each included 
species, as well as any limitations by gear type, fishing vessel size, 
geographic area, and any other relevant factor(s).
    Reduction loan means a loan, under section 1111 and section 1112 of 
Title XI of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1279f 
and g App.), for financing any portion, or all, of a financed program's 
reduction cost and repayable by a fee under, and in accordance with, 
Sec. 600.1012, Sec. 600.1013, and Sec. 600.1014.
    Reduction payment means the Federal Government's fishing capacity 
reduction payment to a fishing permit owner, fishing vessel owner, or 
both, under a reduction contract. Additionally, it is payment for 
reduction to each bidder whose bid NMFS accepts under Sec. 600.1009. In 
a financed program each reduction payment constitutes a disbursement of 
a reduction loan's proceeds and is for either revoking a fishing permit 
or both revoking a fishing permit and withdrawing a vessel from fishing 
either by scrapping or title restriction.
    Reduction permit means any fishing permit revoked in a program in 
exchange for a reduction payment under a reduction contract.
    Reduction vessel means any fishing vessel withdrawn from fishing 
either by scrapping or title restriction in exchange for a reduction 
payment under a reduction contract.
    Referendum means the voting process under Sec. 600.1010 for 
approving the fee system for repaying a reduction loan.
    Request means a request, under Sec. 600.1001, for a program.
    Requester means a Council for a fishery identified in Sec. 
600.1001(c), a state governor for a fishery identified in Sec. 
600.1001(d), or the Secretary for a fishery identified in Sec. 
600.1001(e).
    Scrap means to completely and permanently reduce a fishing vessel's 
hull,

[[Page 129]]

superstructures, and other fixed structural components to fragments 
having value, if any, only as raw materials for reprocessing or for 
other non-fisheries use.
    Subsidized means wholly funded by anything other than a reduction 
loan.
    Treasury percentage means the annual percentage rate at which NMFS 
must pay interest to the U.S. Treasury on any principal amount that NMFS 
borrows from the U.S. Treasury in order to generate the funds with which 
to later disburse a reduction loan's principal amount.
    Unprocessed fish means fish in the same form as the fish existed at 
the time the fish was harvested, unless any difference in form 
represents, in the reduction fishery involved, the standard ex-vessel 
form upon which fish sellers and fish buyers characteristically base the 
delivery value of unprocessed fish.
    Vote means a vote in a referendum.



Sec. 600.1001  Requests.

    (a) A Council or the Governor of a State under whose authority a 
proposed reduction fishery is subject may request that NMFS conduct a 
program in that fishery. Each request shall be in writing and shall be 
submitted to the Director, Office of Sustainable Fisheries, NMFS. Each 
request shall satisfy the requirements of Sec. 600.1003 or Sec. 
600.1005, as applicable, and enable NMFS to make the determinations 
required by Sec. 600.1004 or Sec. 600.1006, as applicable.
    (b) NMFS cannot conduct a program in any fishery subject to the 
jurisdiction of a Council or a state unless NMFS first receives a 
request from the Council or the governor to whose jurisdiction the 
fishery is subject.
    (c) For a fishery subject to the jurisdiction of a Council, only 
that Council can or must make the request. If the fishery is subject to 
the jurisdiction of two or more Councils, those Councils must make a 
joint request. No Council may make a request, or join in making a 
request, until after the Council conducts a public hearing about the 
request.
    (d) For a fishery subject to the jurisdiction of a State, only the 
Governor of that State can make the request. If the fishery is subject 
to the jurisdiction of two or more states, the Governors of those States 
shall make a joint request. No Governor of a State may make a request, 
or join in making a request, until the State conducts a public hearing 
about the request.
    (e) For a fishery under the direct management authority of the 
Secretary, NMFS may conduct a program on NMFS' own motion by fulfilling 
the requirements of this subpart that reasonably apply to a program not 
initiated by a request.
    (f) Where necessary to accommodate special circumstances in a 
particular fishery, NMFS may waive, as NMFS deems necessary and 
appropriate, compliance with any specific requirements under this 
subpart not required by statute.



Sec. 600.1002  General requirements.

    (a) Each program must be:
    (1) Necessary to prevent or end overfishing, rebuild stocks of fish, 
or achieve measurable and significant improvements in the conservation 
and management of the reduction fishery;
    (2) Accompanied by the appropriate environmental, economic and/or 
socioeconomic analyses, in accordance with applicable statutes, 
regulations, or other authorities; and
    (3) Consistent with the CFMP, including any reduction amendment, for 
the reduction fishery.
    (b) Each CFMP for a reduction fishery must:
    (1) Prevent the replacement of fishing capacity removed by the 
program through a moratorium on new entrants, restrictions on vessel 
upgrades, and other effort control measures, taking into account the 
full potential fishing capacity of the fleet;
    (2) Establish a specified or target total allowable catch or other 
measures that trigger closure of the fishery or adjustments to reduce 
catch; and
    (3) Include, for a financed program in a reduction fishery involving 
only a portion of a fishery, appropriate provisions for the post-
reduction allocation of fish between the reduction fishery and the rest 
of the fishery that both protect the borrower's reduction investment in 
the program and support the borrower's ability to repay the reduction 
loan.

[[Page 130]]



Sec. 600.1003  Content of a request for a financed program.

    A request for a financed program shall:
    (a) Specify the reduction fishery.
    (b) Project the amount of the reduction and specify what a reduction 
of that amount achieves in the reduction fishery.
    (c) Specify whether the program is to be wholly or partially 
financed and, if the latter, specify the amount and describe the 
availability of all funding from sources other than a reduction loan.
    (d) Project the availability of all Federal appropriation authority 
or other funding, if any, that the financed program requires, including 
the time at which funding from each source will be available and how 
that relates to the time at which elements of the reduction process are 
projected to occur.
    (e) Demonstrate how the program meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(a).
    (f) Demonstrate how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b).
    (g) If a reduction amendment is necessary, include an actual 
reduction amendment or the requester's endorsement in principle of the 
reduction amendment specifications in the business plan. Endorsement in 
principle is non-binding.
    (h) Request that NMFS conduct, at the appropriate time, a referendum 
under Sec. 600.1010 of this subpart.
    (i) List the names and addresses of record of all fishing permit or 
fishing vessel owners who are currently authorized to harvest fish from 
the reduction fishery, excluding those whose authority is limited to 
incidentally harvesting fish from the reduction fishery during directed 
fishing for fish not in the reduction fishery. The list shall be based 
on the best information available to the requester. The list shall take 
into account any limitation by type of fishing gear operated, size of 
fishing vessel operated, geographic area of operation, or other factor 
that the proposed program involves. The list may include any relevant 
information that NMFS may supply to the requester.
    (j) Specify the aggregate total allowable catch in the reduction 
fishery during each of the preceding 5 years and the aggregate portion 
of such catch harvested by the parties listed under paragraph (i) of 
this section.
    (k) Specify the criteria for determining the types and number of 
fishing permits or fishing permits and fishing vessels that are eligible 
for reduction under the program. The criteria shall take into account:
    (1) The characteristics of the fishery;
    (2) Whether the program is limited to a particular gear type within 
the reduction fishery or is otherwise limited by size of fishing vessel 
operated, geographic area of operation, or other factor;
    (3) Whether the program is limited to fishing permits or involves 
both fishing permits and fishing vessels;
    (4) The reduction amendment required;
    (5) The needs of fishing communities;
    (6) Minimizing the program's reduction cost; and
    (7) All other relevant factors.
    (l) Include the requester's assessment of the program's potential 
impact on fisheries other than the reduction fishery, including an 
evaluation of the likely increase in participation or effort in such 
other fisheries, the general economic impact on such other fisheries, 
and recommendations that could mitigate, or enable such other fisheries 
to mitigate, any undesirable impacts.
    (m) Include any other information or guidance that would assist NMFS 
in developing an implementation plan and implementation regulations.
    (n) Include a business plan, prepared by, or on behalf of, 
knowledgeable and concerned harvesters in the reduction fishery, that:
    (1) Specifies a detailed reduction methodology that accomplishes the 
maximum sustained reduction in the reduction fishery's fishing capacity 
at the least reduction cost and in the minimum period of time, and 
otherwise achieves the program result that the requester specifies under 
paragraph (b) of this section. The methodology shall:
    (i) Establish the appropriate point for NMFS to conduct a pre-
bidding referendum and be sufficiently detailed to enable NMFS to 
readily:

[[Page 131]]

    (A) Design, propose, and adopt a timely and reliable implementation 
plan,
    (B) Propose and issue timely and reliable implementation 
regulations,
    (C) Invite bids,
    (D) Accept or reject bids, and
    (E) Complete a program in accordance with this subpart, and
    (ii) Address, consistently with this subpart:
    (A) The contents and terms of invitations to bid,
    (B) Bidder eligibility,
    (C) The type of information that bidders shall supply,
    (D) The criteria for accepting or rejecting bids,
    (E) The terms of bid acceptances,
    (F) Any referendum procedures in addition to, but consistent with, 
those in Sec. 600.1010, and
    (G) All other technical matters necessary to conduct a program;
    (2) Projects and supports the reduction fishery's annual delivery 
value during the reduction loan's repayment period based on documented 
analysis of actual representative experience for a reasonable number of 
past years in the reduction fishery;
    (3) Includes the fishing capacity reduction specifications upon 
which both the pre-bidding referendum and the bidding under Sec. 
600.1009 will be based. The reduction loan's maximum principal amount 
cannot, at the interest rate projected to prevail at the time of 
reduction, exceed the principal amount that can be amortized in 20 years 
by 5 percent of the projected delivery value;
    (4) States the reduction loan's repayment term and the fee rate, or 
range of fee rates, prospectively necessary to amortize the reduction 
loan over its repayment term;
    (5) Analyzes and demonstrates the ability to repay the reduction 
loan at the minimum reduction level and at various reduction-level 
increments reasonably greater than the minimum one, based on the:
    (i) Best and most representative historical fishing revenue and 
expense data and any other relevant productivity measures available in 
the reduction fishery, and
    (ii) Projected effect of the program on the post-reduction operating 
economics of typical harvesters in the reduction fishery, with 
particular emphasis on the extent to which the reduction increases the 
ratio of delivery value to fixed cost and improves harvesting's other 
relevant productivity measures;
    (6) Demonstrates how the business plan's proposed program meets, or 
will meet after an appropriate reduction amendment, the requirements in 
Sec. 600.1002(a);
    (7) Demonstrates how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b);
    (8) Includes, if a reduction amendment is necessary, the reduction 
amendment specifications upon which the pre-bidding referendum will be 
based;
    (9) Includes an assessment of the program's potential impact on 
fisheries other than the reduction fishery, including an evaluation of 
the likely increase in participation or effort in such other fisheries, 
the general economic impact on such other fisheries, and recommendations 
that could mitigate, or enable such other fisheries to mitigate, any 
undesirable impacts;
    (10) Specifies the names and addresses of record of all fish buyers 
who can, after reduction, reasonably be expected to receive deliveries 
of fee fish. This shall be based on the best information available, 
including any information that NMFS may be able to supply to the 
business planners;
    (11) Specifies, after full consultation with fish buyers, any 
special circumstances in the reduction fishery that may require the 
implementing regulations to contain provisions in addition to, or 
different from, those contained in Sec. 600.1013 and/or Sec. 600.1014 
in order to accommodate the circumstances of, and practices in, the 
reduction fishery while still fulfilling the intent and purpose of Sec. 
600.1013 and/or Sec. 600.1014--including, but not limited to:
    (i) In the case of reduction fisheries in which state data 
confidentiality laws or other impediments may negatively affect the 
efficient and effective conduct of the same, specification of who needs 
to take what action to resolve any such impediments, and

[[Page 132]]

    (ii) In the case of reduction fisheries in which some fish sellers 
sell unprocessed, and other fish sellers sell processed fish to fish 
buyers, specification of an accurate and efficient method of 
establishing the delivery value of processed fish; and
    (12) Demonstrates by a survey of potential voters, or by any other 
convincing means, a substantial degree of potential voter support for 
the business plan and confidence in its feasibility.
    (o) Include the requester's statement of belief that the business 
plan, the CFMP, the reduction amendment specifications, and all other 
request aspects constitute a complete, realistic, and practical prospect 
for successfully completing a program in accordance with this subpart.



Sec. 600.1004  Accepting a request for, and determinations about initiating, a 

financed program.

    (a) Accepting a request. Once it receives a request, NMFS will 
review any request for a financed program to determine whether the 
request conforms with the requirements of Sec. 600.1003. If the request 
does not conform, NMFS will return the request with guidance on how to 
make the request conform. If the request conforms, NMFS shall accept it 
and publish a notice in the Federal Register requesting public comments 
on the request. Such notice shall state the name and address of record 
of each eligible voter, as well as the basis for having determined the 
eligibility of those voters. This shall constitute notice and 
opportunity to respond about adding eligible voters, deleting ineligible 
voters, and/or correcting any voter's name and address of record. If, in 
NMFS' discretion, the comments received in response to such notice 
warrants it, or other good cause warrants it, NMFS may modify such list 
by publishing another notice in the Federal Register.
    (b) Determination about initiating a financed program. After receipt 
of a conforming request for a financed program, NMFS will, after 
reviewing and responding to any public comments received in response to 
the notice published in the Federal Register under paragraph (a) of this 
section, initiate the program if NMFS determines that:
    (1) The program meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(a);
    (2) The CFMP meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(b);
    (3) The program, if successfully implemented, is cost effective;
    (4) The reduction requested constitutes a realistic and practical 
prospect for successfully completing a program in accordance with this 
subpart and the borrower is capable of repaying the reduction loan. This 
includes enabling NMFS to readily design, propose, and adopt a timely 
and reliable implementation plan as well as propose and issue timely and 
reliable implementation regulations and otherwise complete the program 
in accordance with this subpart; and
    (5) The program accords with all other applicable law.



Sec. 600.1005  Content of a request for a subsidized program.

    A request for a subsidized program shall:
    (a) Specify the reduction fishery.
    (b) Project the amount of the reduction and specify what a reduction 
of that amount achieves in the reduction fishery.
    (c) Project the reduction cost, the amount of reduction cost to be 
funded by Federal appropriations, and the amount, if any, to be funded 
by other sources.
    (d) Project the availability of Federal appropriations or other 
funding, if any, that completion of the program requires, including the 
time at which funding from each source will be available and how that 
relates to the time at which elements of the reduction process are 
projected to occur.
    (e) List the names and addresses of record of all fishing permit or 
fishing vessel owners who are currently authorized to harvest fish from 
the reduction fishery, excluding those whose authority is limited to 
incidentally harvesting fish from the reduction fishery during directed 
fishing for fish not in the reduction fishery. The list shall be based 
on the best information available to the requester, including any 
information that NMFS may supply to the requester, and take into account 
any

[[Page 133]]

limitation by type of fishing gear operated, size of fishing vessel 
operated, geographic area of operation, or other factor that the 
proposed program involves.
    (f) Specify the aggregate total allowable catch in the reduction 
fishery during each of the preceding 5 years and the aggregate portion 
of such catch harvested by the parties listed under paragraph (e) of 
this section.
    (g) Include a preliminary development plan that:
    (1) Specifies a detailed reduction methodology that accomplishes the 
maximum sustained reduction in the reduction fishery's fishing capacity 
at the least cost and in a minimum period of time, and otherwise 
achieves the program result that the requester specifies under paragraph 
(b) of this section. The methodology shall:
    (i) Be sufficiently detailed to enable NMFS to prepare a final 
development plan to serve as the basis for NMFS to readily design, 
propose, and adopt a timely and reliable implementation plan and propose 
and issue timely and reliable implementation regulations, and
    (ii) Include:
    (A) The contents and terms of invitations to bid,
    (B) Eligible bidders,
    (C) The type of information that bidders shall supply,
    (D) The criteria for accepting or rejecting bids, and
    (E) The terms of bid acceptances;
    (2) Specifies the criteria for determining the types and numbers of 
fishing permits or fishing permits and fishing vessels that are eligible 
for reduction under the program. The criteria shall take into account:
    (i) The characteristics of the fishery,
    (ii) Whether the program is limited to a particular gear type within 
the reduction fishery, or is otherwise limited by size of fishing vessel 
operated, geographic area of operation, or other factor,
    (iii) Whether the program is limited to fishing permits or involves 
both fishing permits and fishing vessels,
    (iv) The reduction amendment required,
    (v) The needs of fishing communities, and
    (vi) The need to minimize the program's reduction cost; and
    (3) Demonstrates the program's cost effectiveness.
    (h) Demonstrate how the program meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(a).
    (i) Demonstrate how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 
600.1002(b)(1) and (2).
    (j) Specify any other information or guidance that assists NMFS in 
preparing a final development plan and a proposed implementation plan 
and proposed implementation regulations.
    (k) Include the requester's statement of belief that the program 
constitutes a reasonably realistic and practical prospect for 
successfully completing a program in accordance with this subpart.



Sec. 600.1006  Accepting a request for, and determinations about conducting, a 

subsidized program.

    (a) Accepting a request. NMFS will review any request for a 
subsidized program submitted to NMFS to determine whether the request 
conforms with the requirements of Sec. 600.1005. If the request does 
not conform, NMFS will return it with guidance on how to make the 
request conform. If the request conforms, NMFS shall accept it and 
publish a notice in the Federal Register requesting public comments 
about the request.
    (b) Final development plan. After receipt of a conforming request, 
NMFS will prepare a final development plan if NMFS determines that the 
reduction requested constitutes a realistic and practical prospect for 
successfully completing a program in accordance with this subpart. This 
includes enabling NMFS to readily design, propose, and adopt a timely 
and reliable implementation plan as well as propose and issue timely and 
reliable implementation regulations and otherwise complete the program 
in accordance with this subpart. NMFS will, as far as possible, base the 
final development plan on the requester's preliminary development plan. 
Before completing the final development plan, NMFS will consult, as NMFS 
deems necessary, with the requester, Federal agencies, state and 
regional authorities, affected fishing

[[Page 134]]

communities, participants in the reduction fishery, conservation 
organizations, and other interested parties in preparing the final 
development plan.
    (c) Reaffirmation of the request. After completing the final 
development plan, NMFS will submit the plan to the requester for the 
requester's reaffirmation of the request. Based on the final development 
plan, the reaffirmation shall: (1) Certify that the final development 
plan meets, or will meet after an appropriate reduction amendment, the 
requirements in Sec. 600.1002(a);
    (2) Certify that the CFMP meets, or will meet after an appropriate 
reduction amendment, the requirements in Sec. 600.1002(b)(1) and (2); 
and
    (3) Project the date on which the requester will forward any 
necessary reduction amendment and, if the requester is a Council, 
proposed regulations to implement the reduction amendment. The requester 
shall base any necessary reduction amendment on the final development 
plan.
    (d) Determinations about conducting a subsidized program. After 
NMFS' receipt of the requester's reaffirmation, any required reduction 
amendment, and any proposed regulations required to implement the 
amendment, NMFS will initiate the program if NMFS determines that:
    (1) The program meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(a);
    (2) The CFMP meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(b)(1) and (2); and
    (3) The program is reasonably capable of being successfully 
implemented;
    (4) The program, if successfully implemented, will be cost 
effective; and
    (5) The program is in accord with all other applicable provisions of 
the Magnuson-Stevens Act and this subpart.



Sec. 600.1007  Reduction amendments.

    (a) Each reduction amendment may contain provisions that are either 
dependent upon or independent of a program. Each provision of a 
reduction amendment is a dependent provision unless the amendment 
expressly designates the provision as independent.
    (b) Independent provisions are effective without regard to any 
subsequent program actions.
    (c) Dependent provisions are initially effective for the sole 
limited purpose of enabling initiation and completion of the pre-
reduction processing stage of a program.
    (d) All dependent provisions of a reduction amendment for a financed 
program are fully in force and effect for all other purposes only when 
NMFS either:
    (1) For bidding results that conform to the fishing capacity 
reduction specifications and are not subject to any other condition, 
notifies bidders, under Sec. 600.1009(e)(3), that reduction contracts 
then exist between the bidders and the United States; or
    (2) For bidding results that do not conform to the fishing capacity 
reduction specifications or are subject to any other condition, notifies 
bidders whose bids NMFS had conditionally accepted, under Sec. 600.1010 
(d)(8)(iii), that the condition pertaining to the reduction contracts 
between them and the United States is fulfilled.
    (e) If NMFS does not, in accordance with this subpart and any 
special provisions in the implementation regulations, subsequently make 
all reduction payments that circumstances, in NMFS' judgment, reasonably 
permit NMFS to make and, thus, complete a program, no dependent 
provisions shall then have any further force or effect for any purpose 
and all final regulations involving such dependent provisions shall then 
be repealed.



Sec. 600.1008  Implementation plan and implementation regulations.

    (a) As soon as practicable after deciding to initiate a program, 
NMFS will prepare and publish, for a 60-day public comment period, a 
proposed implementation plan and implementation regulations. During the 
public comment period, NMFS will conduct a public hearing of the 
proposed implementation plan and implementation regulations in each 
state that the program affects.
    (b) To the greatest extent practicable, NMFS will base the 
implementation plan and implementation regulations for a financed 
program on the business plan. The implementation

[[Page 135]]

plan for a financed program will describe in detail all relevant aspects 
of implementing the program, including:
    (1) The reduction fishery;
    (2) The reduction methodology;
    (3) The maximum reduction cost;
    (4) The maximum reduction loan amount, if different from the maximum 
reduction cost;
    (5) The reduction cost funding, if any, other than a reduction loan;
    (6) The minimum acceptable reduction level;
    (7) The potential amount of the fee;
    (8) The criteria for determining the types and number of fishing 
permits or fishing permits and fishing vessels eligible to participate 
in the program;
    (9) The invitation to bid and bidding procedures;
    (10) The criteria for determining bid acceptance;
    (11) The referendum procedures; and
    (12) Any relevant post-referendum reduction procedures other than 
those in the implementation regulations or this subpart.
    (c) NMFS will base each implementation plan and implementation 
regulations for a subsidized program on the final development plan. The 
implementation plan will describe in detail all relevant aspects of 
implementing the program, including:
    (1) The reduction fishery;
    (2) The reduction methodology;
    (3) The maximum reduction cost;
    (4) The reduction-cost funding, if any, other than Federal 
appropriations;
    (5) The criteria for determining the types and number of fishing 
permits or fishing permits and fishing vessels eligible to participate 
in the program;
    (6) The invitation to bid and bidding procedures;
    (7) The criteria for determining bid acceptance; and
    (8) Any relevant post-bidding program procedures other than those in 
the implementation regulations or this subpart.
    (d) The implementation regulations will:
    (1) Specify, for invitations to bid, bids, and reduction contracts 
under Sec. 600.1009:
    (i) Bidder eligibility,
    (ii) Bid submission requirements and procedures,
    (iii) A bid opening date, before which a bidder may not bid, and a 
bid closing date, after which a bidder may not bid,
    (iv) A bid expiration date after which the irrevocable offer 
contained in each bid expires unless NMFS, before that date, accepts the 
bid by mailing a written acceptance notice to the bidder at the bidder's 
address of record,
    (v) The manner of bid submission and the information each bidder 
shall supply for NMFS to deem a bid responsive,
    (vi) The conditions under which NMFS will accept or reject a bid,
    (vii) The manner in which NMFS will accept or reject a bid, and
    (viii) The manner in which NMFS will notify each bidder of bid 
acceptance or rejection;
    (2) Specify any other special referendum procedures or criteria; and
    (3) Specify such other provisions, in addition to and consistent 
with those in this subpart, necessary to regulate the individual terms 
and conditions of each program and reduction loan. This includes, but is 
not limited to:
    (i) Provisions for the payment of costs and penalties for non-
payment, non-collection, non-deposit, and/or non-disbursement of the fee 
in accordance with Sec. 600.1013 and Sec. 600.1014,
    (ii) Prospective fee rate determinations, and
    (iii) Any other aspect of fee payment, collection, deposit, 
disbursement, accounting, record keeping, and/or reporting.
    (e) NMFS will issue final implementation regulations and adopt a 
final implementation plan within 45 days of the close of the public-
comment period.
    (f) NMFS may repeal the final implementation regulations for any 
program if:
    (1) For a financed program, the bidding results do not conform to 
the fishing capacity reduction specifications or a post-bidding 
referendum does not subsequently approve an industry fee system based on 
the bidding results;
    (2) For a subsidized program, NMFS does not accept bids; and
    (3) For either a financed program or a subsidized program, if NMFS 
is unable to make all reduction payments due to a material adverse 
change.

[[Page 136]]



Sec. 600.1009  Bids.

    (a) Each invitation to bid, bid, bid acceptance, reduction contract, 
and bidder--or any other party in any way affected by any of the 
foregoing--under this subpart is subject to the terms and conditions in 
this section:
    (1) Each invitation to bid constitutes the entire terms and 
conditions of a reduction contract under which:
    (i) Each bidder makes an irrevocable offer to the United States of 
fishing capacity for reduction, and
    (ii) NMFS accepts or rejects, on behalf of the United States, each 
bidder's offer;
    (2) NMFS may, at any time before the bid expiration date, accept or 
reject any or all bids;
    (3) For a financed program in which bidding results do not conform 
to the fishing capacity reduction specifications, NMFS' acceptance of 
any bid is subject to the condition that the industry fee system 
necessary to repay the reduction loan is subsequently approved by a 
successful post-bidding referendum conducted under Sec. 600.1010. 
Approval or disapproval of the industry fee system by post-bidding 
referendum is an event that neither the United States nor the bidders 
can control. Disapproval of the industry fee system by an unsuccessful 
post-bidding referendum fully excuses both parties from any performance 
and fully discharges all duties under any reduction contract;
    (4) For a financed program in one reduction fishery that is being 
conducted under appropriate implementation regulations simultaneously 
with another financed program in another reduction fishery, where the 
acceptance of bids for each financed program is conditional upon 
successful post-bidding referenda approving industry fee systems for 
both financed programs, NMFS' acceptance of all bids is, in addition to 
any condition under paragraph (a)(3) of this section, also subject to 
the additional conditions that both referenda approve the industry fee 
systems required for both financed programs--all as otherwise provided 
in paragraph (a)(3) of this section;
    (5) Upon NMFS' acceptance of the bid and tender of a reduction 
payment, the bidder consents to:
    (i) The revocation, by NMFS, of any reduction permit, and
    (ii) Where the program also involves the withdrawal of reduction 
vessels from fishing:
    (A) Title restrictions imposed by the U.S. Coast Guard on any 
reduction vessel that is federally documented to forever prohibit and 
effectively prevent any future use of the reduction vessel for fishing 
in any area subject to the jurisdiction of the United States or any 
state, territory, commonwealth, or possession of the United States, or
    (B) Where reduction vessel scrapping is involved and the reduction 
vessel's owner does not comply with the owner's obligation under the 
reduction contract to scrap the reduction vessel, take such measures as 
necessary to cause the reduction vessel's prompt scrapping. The 
scrapping will be at the reduction vessel owner's risk and expense. Upon 
completion of scrapping, NMFS will take such action as may be necessary 
to recover from the reduction vessel owner any cost or expense NMFS 
incurred in causing the reduction vessel to be scrapped and any other 
damages NMFS may have incurred and such owner shall be liable to the 
United States for such cost, expenses, and damages;
    (6) Money damages not being an adequate remedy for a bidder's breach 
of a reduction contract, the United States is, in all particulars, 
entitled to specific performance of each reduction contract. This 
includes, but is not limited to, the scrapping of a reduction vessel;
    (7) Any reduction payment is available, upon timely and adequately 
documented notice to NMFS, to satisfy liens, as allowed by law, against 
any reduction permit/and or reduction vessel; provided, however, that:
    (i) No reduction payment to any bidder either relieves the bidder of 
responsibility to discharge the obligation which gives rise to any lien 
or relieves any lien holder of responsibility to protect the lien 
holder's interest,
    (ii) No reduction payment in any way gives rise to any liability of 
the United States for the obligation underlying any lien,
    (iii) No lien holder has any right or standing, not otherwise 
provided by

[[Page 137]]

law, against the United States in connection with the revocation of any 
reduction permit or the title restriction or scrapping of any reduction 
vessel under this subpart, and
    (iv) This subpart does not provide any lien holder with any right or 
standing to seek to set aside any revocation of any reduction permit or 
the title restriction or scrapping of any reduction vessel for which the 
United States made, or has agreed to make, any reduction payment. A lien 
holder is limited to recovery against the holder of the reduction permit 
or the owner of the reduction vessel as otherwise provided by law; and
    (8) Each invitation to bid may specify such other terms and 
conditions as NMFS believes necessary to enforce specific performance of 
each reduction contract or otherwise to ensure completing each program. 
This includes, but is not limited to, each bidder's certification, 
subject to the penalties in Sec. 600.1017, of the bidder's full 
authority to submit each bid and to dispose of the property involved in 
the bid in the manner contemplated by each invitation to bid.
    (b) NMFS will not invite bids for any program until NMFS determines 
that:
    (1) Any necessary reduction amendment is fully and finally approved 
and all provisions except those dependent on the completion of reduction 
are implemented;
    (2) The final implementation plan is adopted and the final 
implementation regulations are issued;
    (3) All required program funding is approved and in place, including 
all Federal appropriation and apportionment authority;
    (4) Any reduction loan involved is fully approved;
    (5) Any non-Federal funding involved is fully available at the 
required time for NMFS disbursement as reduction payments; and
    (6) All other actions necessary to disburse reduction payments, 
except for matters involving bidding and post-bidding referenda, are 
completed.
    (c) After making the affirmative determinations required under 
paragraph (b) of this section, NMFS will publish a Federal Register 
notice inviting eligible bidders to offer to the United States, under 
this subpart, fishing capacity for reduction.
    (d) NMFS may extend a bid closing date and/or a bid expiration date 
for a reasonable period. NMFS may also issue serial invitations to bid 
if the result of previous bidding, in NMFS' judgment, warrant this.
    (e) After the bid expiration date, NMFS will:
    (1) Analyze responsive bids;
    (2) Determine which bids, if any, NMFS accepts; and
    (3) Notify, by U.S. mail at each bidder's address of
    record, those bidders whose bids NMFS accepts that a reduction 
contract now exists between them and the United States--subject, where 
appropriate, to the conditions provided for elsewhere in this subpart.
    (f) NMFS will keep confidential the identity of all bidders whose 
bids NMFS does not accept. In financed programs where bidding results do 
not conform to the fishing capacity reduction specifications, NMFS also 
will keep confidential the identity of all bidders whose bids NMFS does 
accept until after completing a successful post-bidding referendum under 
Sec. 600.1010.



Sec. 600.1010  Referenda.

    (a) Referendum success. A referendum is successful if at least two-
thirds of the ballots that qualify to be counted as referendum votes 
under subparagraph (d)(6) of this section are cast in favor of an 
industry fee system.
    (b) Pre-bidding referendum--(1) Initial referendum. An initial pre-
bidding referendum shall be conducted for each financed program. The 
business plan shall, subject to this subpart, determine the 
chronological relationship of the initial pre-bidding referendum to 
other pre-bidding aspects of the reduction process sequence. The initial 
pre-bidding referendum shall be based on the fishing capacity reduction 
specifications. If the initial pre-bidding referendum precedes the 
adoption of any necessary reduction amendment, the initial pre-bidding 
referendum shall also be based on the reduction amendment 
specifications. If the initial pre-

[[Page 138]]

bidding referendum follows the adoption of any necessary reduction 
amendment, the initial pre-bidding referendum shall also be based on the 
adopted reduction amendment;
    (2) Successful initial pre-bidding referendum. If the initial pre-
bidding referendum is successful, the reduction process will proceed as 
follows:
    (i) If the initial pre-bidding referendum follows reduction 
amendment adoption, no second pre-bidding referendum shall be conducted,
    (ii) If the initial pre-bidding referendum precedes reduction 
amendment adoption, a second pre-bidding referendum shall be conducted 
if, in NMFS' judgment, the reduction amendment subsequently adopted 
differs, in any respect materially affecting the borrower's reduction 
investment in the program and the borrower's ability to repay the 
reduction loan, from the reduction amendment specifications upon which 
the initial pre-bidding referendum successfully occurred. The sole 
purpose of any second pre-bidding referendum shall be to determine 
whether the voters authorize an industry fee system despite any such 
difference between the reduction amendment specifications and a 
subsequently adopted reduction amendment.
    (3) Unsuccessful initial pre-bidding referendum. If the initial pre-
bidding referendum is unsuccessful, the reduction process will either 
cease or NMFS may suspend the process pending an appropriate amendment 
of the business plan and the request.
    (c) Post-bidding referendum. A post-bidding referendum shall occur 
only if, in NMFS' judgment, the result of bidding under Sec. 600.1009 
does not conform, in any material respect, to the fishing capacity 
reduction specifications and such result justifies, in NMFS' judgment, 
conducting a post-bidding referendum. Bidding that results in reducing 
fishing capacity in any amount not less than the minimum fishing 
capacity reduction amount for any reduction loan amount not more than 
the maximum reduction loan amount, and otherwise achieves all material 
requirements of the fishing capacity reduction specifications, shall 
conform to the fishing capacity reduction specifications. The sole 
purpose of any post-bidding referendum shall be to determine whether 
voters authorize an industry fee system for bidding that results in 
reducing fishing capacity in any amount materially less than the minimum 
amount in the fishing capacity reduction specifications.
    (d) NMFS will conduct referenda in accordance with the following:
    (1) Eligible voters. The parties eligible to vote in each referendum 
are the parties whose names are listed as being eligible to vote in the 
notice published in the Federal Register under Sec. 600.1004(a);
    (2) Ballot issuance. NMFS will mail, by U.S. certified mail, return 
receipt requested, a ballot to each eligible voter. Each ballot will 
bear a randomly derived, 5-digit number assigned to each eligible voter. 
Each ballot will contain a place for the voter to vote for or against 
the proposed industry fee system and a place, adjacent to the 5-digit 
number, for the signature of the fishing permit or fishing vessel owner 
to whom the ballot is addressed or, if the fishing permit or fishing 
vessel owner is an organization, the person having authority to vote and 
cast the ballot on the organization's behalf. Each ballot will contain a 
place for the person signing the ballot to print his or her name. NMFS 
will enclose with each ballot a specially-marked, postage-paid, pre-
addressed envelope that each voter shall use to return the ballot to 
NMFS;
    (3) Voter certification. Each ballot will contain a certification, 
subject to the penalties set forth in Sec. 600.1017, that the person 
signing the ballot is the fishing permit or fishing vessel owner to whom 
the ballot is addressed or, if the fishing permit or fishing vessel 
owner is an organization, the person having authority to vote and cast 
the ballot on the organization's behalf;
    (4) Information included on a ballot. Each ballot mailing will:
    (i) Summarize the referendum's nature and purpose,
    (ii) Specify the date by which NMFS must receive a ballot in order 
for the ballot to be counted as a qualified vote,
    (iii) Identify the place on the ballot for the voter to vote for or 
against the proposed industry fee system, the place on the ballot where 
the voter shall sign

[[Page 139]]

the ballot, and the purpose of the return envelope,
    (iv) For each pre-bidding referendum, state:
    (A) The fishing capacity reduction specifications,
    (B) The reduction loan's repayment term, and
    (C) The fee rate, or range of fee rates, prospectively necessary to 
amortize the reduction loan over the loan's term,
    (v) For each initial pre-bidding referendum that precedes reduction 
amendment adoption, state the reduction amendment specifications,
    (vi) For each initial pre-bidding referendum that follows reduction 
amendment adoption, summarize the material aspects of the reduction 
amendment adopted,
    (vii) For each second pre-bidding referendum, summarize how the 
adopted reduction amendment materially differs from the reduction 
amendment specifications upon which a successful initial pre-bidding 
referendum occurred and how this material difference affects the 
borrower's reduction investment in the program and the borrower's 
ability to repay the reduction loan,
    (viii) For each post-bidding referendum, specify the actual bidding 
results that do not conform to the fishing capacity reduction 
specifications, and
    (ix) State or include whatever else NMFS deems appropriate;
    (5) Enclosures to accompany a ballot. Each ballot mailing will 
include:
    (i) A specially-marked, postage-paid, and pre-addressed envelope 
that a voter must use to return the original of a ballot to NMFS by 
whatever means of delivery the voter chooses, and
    (ii) Such other materials as NMFS deems appropriate;
    (6) Vote qualification. A completed ballot qualifies to be counted 
as a vote if the ballot:
    (i) Is physically received by NMFS on or before the last day NMFS 
specifies for receipt of the ballot,
    (ii) Is cast for or against the proposed industry fee system,
    (iii) Is signed by the voter,
    (iv) Is the original ballot NMFS sent to the voter bearing the same 
5-digit number that NMFS assigned to the voter, and
    (v) Was returned to NMFS in the specially-marked envelope that NMFS 
provided for the ballot's return;
    (6) Vote tally and notification. NMFS will:
    (i) Tally all ballots qualified to be counted as referendum votes,
    (ii) Notify, by U.S. mail at the address of record, all eligible 
voters who received ballots of:
    (A) The number of potential voters,
    (B) The number of actual voters who returned a ballot,
    (C) The number of returned ballots that qualified to be counted as 
referendum votes,
    (D) The number of votes for and the number of votes against the 
industry fee system, and
    (E) Whether the referendum was successful and approved the industry 
fee system or unsuccessful and disapproved the industry fee system, and
    (iii) If a successful referendum is a post-bidding referendum, NMFS 
will, at the same time and in the same manner, also notify the bidders 
whose bids were conditionally accepted that the condition pertaining to 
the reduction contracts between them and the United States is fulfilled;
    (7) Conclusiveness of referendum determinations. NMFS' 
determinations about ballot qualifications and about all other 
referendum matters, including, but not limited to, eligible voters and 
their addresses of record, are conclusive and final as of the date NMFS 
makes such determinations. No matter respecting such determinations 
shall impair, invalidate, avoid, or otherwise render unenforceable any 
referendum, reduction contract, reduction loan, or fee payment and 
collection obligation under Sec. 600.1013 and Sec. 600.1014 necessary 
to repay any reduction loan;
    (8) Ballot confidentiality. NMFS will not voluntarily release the 
name of any party who voted. NMFS will restrict the availability of all 
voter information to the maximum extent allowed by law; and
    (9) Conclusive authorization of industry fee system. Each successful 
referendum conclusively authorizes NMFS' imposition of an industry fee 
system--including the fee payment, collection, and

[[Page 140]]

other provisions regarding fee payment and collection under Sec. 
600.1013 and Sec. 600.1014--to repay the reduction loan for each 
financed program that NMFS conducts under this subpart.



Sec. 600.1011  Reduction methods and other conditions.

    (a) Reduction permits or reduction permits and reduction vessels. 
Each program may involve either the surrender and revocation of 
reduction permits or both the surrender and revocation of reduction 
permits and the withdrawal from fishing either by title restriction or 
by scrapping of reduction vessels. No financed program may, however, 
require such title restriction or scrapping of reduction vessels unless 
the business plan voluntarily includes the same.
    (b) Reduction permit revocation and surrender. Each reduction permit 
is, upon NMFS' tender of the reduction payment for the reduction permit, 
forever revoked. Each reduction permit holder shall, upon NMFS' tender 
of the reduction payment, surrender the original reduction permit to 
NMFS. The reduction permit holder, upon NMFS' tender of the reduction 
payment, forever relinquishes any claim associated with the reduction 
permit and with the fishing vessel that was used to harvest fishery 
resources under the reduction permit that could qualify the reduction 
permit holder or the fishing vessel owner for any present or future 
limited access system fishing permit in the reduction fishery.
    (c) Reduction vessel title restriction or scrapping. For each 
program that involves reduction vessel title restriction or scrapping:
    (1) Each reduction vessel that is subject to title restriction only 
and is thus not required to be scrapped, is, upon NMFS' tender of the 
reduction payment, forever prohibited from any future use for fishing in 
any area subject to the jurisdiction of the United States or any State, 
territory, possession, or commonwealth of the United States. NMFS will 
request that the U.S. Coast Guard permanently restrict each such 
reduction vessel's title to exclude the reduction vessel's future use 
for fishing in any such area;
    (2) Each reduction vessel owner whose reduction vessel is required 
to be scrapped shall, upon NMFS' tender of the reduction payment, 
immediately cease all further use of the reduction vessel and arrange, 
without delay and at the reduction vessel owner's expense, to scrap the 
reduction vessel to NMFS' satisfaction, including adequate provision for 
NMFS to document the physical act of scrapping; and
    (3) Each reduction vessel owner, upon NMFS' tender of the reduction 
payment, forever relinquishes any claim associated with the reduction 
vessel and with the reduction permit that could qualify the reduction 
vessel owner or the reduction permit holder for any present or future 
limited access system fishing permit in the reduction fishery.
    (d) Fishing permits in a non-reduction fishery. A financed program 
that does not involve the withdrawal from fishing or scrapping of 
reduction vessels may not require any holder of a reduction permit in a 
reduction fishery to surrender any fishing permit in any non-reduction 
fishery or restrict or revoke any fishing permit other than a reduction 
permit in the reduction fishery, except those fishing permits 
authorizing the incidental harvesting of species in any non-reduction 
fishery during, and as a consequence of, directed fishing for species in 
the reduction fishery.
    (e) Reduction vessels disposition. Where a business plan requires 
the withdrawal from fishing of reduction vessels as well as the 
revocation of reduction permits:
    (1) Each reduction vessel that is not documented under Federal law 
must in every case always be scrapped, without regard to whether a 
program is a financed program or a subsidized program;
    (2) No financed program may require any disposition of a reduction 
vessel documented under Federal law other than the title restriction in 
paragraph (b) of this section unless the business plan volunteers to do 
otherwise; and
    (3) Any subsidized program may require the scrapping of reduction 
vessels documented under Federal law.
    (f) Reduction payments. NMFS will disburse all reduction payments in 
the amount and in the manner prescribed

[[Page 141]]

in reduction contracts, except reduction payments that a bidder's 
reduction-contract nonperformance prevents NMFS from disbursing. In 
financed programs, the reduction loan's principal amount is the total 
amount of all reduction payments that NMFS disburses from the proceeds 
of a reduction loan. Any reduction payment that NMFS, because of a 
bidder's reduction-contract nonperformance, disburses but subsequently 
recovers, shall reduce the principal amount of the reduction loan 
accordingly.
    (g) Effect of reduction-contract nonperformance. No referendum, no 
reduction contract, no reduction loan, and no fee payment and collection 
obligation under Sec. 600.1013 and Sec. 600.1014 necessary to repay 
any reduction loan, shall be impaired, invalidated, avoided, or 
otherwise rendered unenforceable by virtue of any reduction contract's 
nonperformance. This is without regard to the cause of, or reason for, 
nonperformance. NMFS shall endeavor to enforce the specific performance 
of all reduction contracts, but NMFS' inability, for any reason, to 
enforce specific performance for any portion of such reduction contracts 
shall not relieve fish sellers of their obligation to pay, and fish 
buyers of their obligation to collect, the fee necessary to fully repay 
the full reduction loan balance that results from all reduction payments 
that NMFS actually makes and does not recover.
    (h) Program completion. Other than the payment and collection of the 
fee that repays a reduction loan and any other residual matters 
regarding reduction payments and the disposition of reduction permits 
and reduction vessels, a program shall be completed when NMFS tenders or 
makes all reduction payments under all reduction contracts that 
circumstances, in NMFS' judgment, reasonably permit NMFS to make.



Sec. 600.1012  Reduction loan.

    (a) Obligation. The borrower shall be obligated to repay a reduction 
loan. The borrower's obligation to repay a reduction loan shall be 
discharged by fish sellers paying a fee in accordance with Sec. 
600.1013. Fish buyers shall be obligated to collect the fee in 
accordance with Sec. 600.1013 and to deposit and disburse the fee 
revenue in accordance with Sec. 600.1014.
    (b) Principal amount, interest rate, repayment term, and penalties 
for non-payment or non-collection. The reduction loan shall be:
    (1) In a principal amount that shall be determined by subsequent 
program events under this subpart, but which shall not exceed the 
maximum principal amount in the fishing capacity reduction 
specifications;
    (2) At an annual rate, that shall be determined by subsequent 
events, of simple interest on the reduction loan's principal balance 
that shall equal 2 percent plus the Treasury percentage;
    (3) Repayable over the repayment term specified in the business plan 
or otherwise determined by subsequent events; and
    (4) Subject to such provisions as implementation regulations shall 
specify for the payment of costs and penalties for non-payment, non-
collection, non-deposit, and/or non-disbursement in accordance with 
Sec. 600.1013 and Sec. 600.1014.
    (c) Effect of prospective interest rate. Any difference between a 
prospective interest rate projected, for the purpose of any aspect of 
reduction planning or processing under this subpart, before the U.S. 
Treasury determines the Treasury percentage and an interest rate first 
known after the U.S. Treasury determines the Treasury percentage shall 
not void, invalidate, or otherwise impair any reduction contract, any 
reduction loan repayment obligation, or any other aspect of the 
reduction process under this subpart. Should any such difference result 
in a reduction loan that cannot, at the maximum fee rate allowed by law, 
be repaid, as previously projected, within the maximum maturity, any 
amount of the reduction loan remaining unpaid at maturity shall be 
repaid after maturity by continuing fee payment and collection under 
this subpart at such maximum fee rate until the reduction loan's unpaid 
principal balance and accrued interest is fully repaid. The above 
notwithstanding, at the discretion of the Secretary, the reduction 
contract can be voided if a material adverse change

[[Page 142]]

affects the reduction contract, reduction loan obligation, or any other 
aspect of the reduction process under this subpart.



Sec. 600.1013  Fee payment and collection.

    (a) Amount. The fee amount is the delivery value times the fee rate.
    (b) Rate. NMFS will establish the fee rate. The fee rate may not 
exceed 5 percent of the delivery value. NMFS will establish the initial 
fee rate by calculating the fee revenue annually required to amortize a 
reduction loan over the reduction loan's term, projecting the annual 
delivery value, and expressing such fee revenue as a percentage of such 
delivery value. Before each anniversary of the initial fee rate 
determination, NMFS will recalculate the fee rate reasonably required to 
ensure reduction loan repayment. This will include any changed delivery 
value projections and any adjustment required to correct for previous 
delivery values higher or lower than projected.
    (c) Payment and collection. (1) The full fee is due and payable at 
the time of fish delivery. Each fish buyer shall collect the fee at the 
time of fish delivery by deducting the fee from the delivery value 
before paying, or promising to pay, the net delivery value. Each fish 
seller shall pay the fee at the time of fish delivery by receiving from 
the fish buyer the net delivery value, or the fish buyer's promise to 
pay the net delivery value, rather than the delivery value. Regardless 
of when the fish buyer pays the net delivery value, the fish buyer shall 
collect the fee at the time of fish delivery;
    (2) In the event of any post-delivery payment for fee fish--
including, but not limited to bonuses--whose amount depends on 
conditions that cannot be known until after fish delivery, that either 
first determines the delivery value or later increases the previous 
delivery value, the fish seller shall pay, and the fish buyer shall 
collect, at the time the amount of such post-delivery payment first 
becomes known, the fee that would otherwise have been due and payable as 
if the amount of the post-delivery payment had been known, and as if the 
post-delivery payment had consequently occurred, at the time of initial 
fish delivery;
    (3)(i) Each fish seller shall be deemed to be, for the purpose of 
the fee collection, deposit, disbursement, and accounting requirements 
of this subpart, both the fish seller and the fish buyer, and shall be 
responsible for all requirements and liable for any penalties under this 
subpart applicable to fish sellers and/or fish buyers, each time that a 
fish seller sells fee fish to:
    (A) Any party whose place of business is not located in the United 
States, who does not take delivery or possession of the fee fish in the 
United States, who is not otherwise subject to this subpart, or to whom 
or against whom NMFS cannot otherwise apply or enforce this subpart,
    (B) Any party who is a general food-service wholesaler or supplier, 
a restaurant, a retailer, a consumer, some other type of end-user, or 
some other party not engaged in the business of buying fish from fish 
sellers for the purpose of reselling the fish, either with or without 
processing the fish, or
    (C) Any other party who the fish seller has good reason to believe 
is a party not subject to this subpart or to whom or against whom NMFS 
cannot otherwise apply or enforce this subpart,
    (ii) In each such case the fish seller shall, with respect to the 
fee fish involved in each such case, discharge, in addition to the fee 
payment requirements of this subpart, all the fee collection, deposit, 
disbursement, accounting, record keeping, and reporting requirements 
that this subpart otherwise imposes on the fish buyer, and the fish 
seller shall be subject to all the penalties this subpart provides for a 
fish buyer's failure to discharge such requirements;
    (4) Fee payment begins on the date NMFS specifies under the 
notification procedures of paragraph (d) of this section and continues 
without interruption at the fee rates NMFS specifies in accordance this 
subpart until NMFS determines that the reduction loan is fully repaid. 
If a reduction loan is, for any reason, not fully repaid at the maturity 
of the reduction loan's original amortization period, fee payment and 
collection shall continue until the reduction loan is fully repaid, 
notwithstanding that the time required to fully repay the reduction loan 
exceeds

[[Page 143]]

the reduction loan's initially permissible maturity.
    (d) Notification. (1) At least 30 days before the effective date of 
any fee or of any fee rate change, NMFS will publish a Federal Register 
notice establishing the date from and after which the fee or fee rate 
change is effective. NMFS will then also send, by U.S. mail, an 
appropriate notification to each affected fish seller and fish buyer of 
whom NMFS has notice;
    (2) When NMFS determines that a reduction loan is fully repaid, NMFS 
will publish a Federal Register notice that the fee is no longer in 
effect and should no longer be either paid or collected. NMFS will then 
also send, by U.S. mail, notification to each affected fish seller and 
fish buyer of whom NMFS has knowledge;
    (3) If NMFS fails to notify a fish seller or a fish buyer by U.S. 
mail, or if the fish seller or fish buyer otherwise does not receive the 
notice, of the date fee payments start or of the fee rate in effect, 
each fish seller is, nevertheless, obligated to pay the fee at the fee 
rate in effect and each fish buyer is, nevertheless, obligated to 
collect the fee at the fee rate in effect.
    (e) Failure to pay or collect. (1) If a fish buyer refuses to 
collect the fee in the amount and manner that this subpart requires, the 
fish seller shall then advise the fish buyer of the fish seller's fee 
payment obligation and of the fish buyer's fee collection obligation. If 
the fish buyer still refuses to properly collect the fee, the fish 
seller, within the next 7 calendar days, shall forward the fee to NMFS. 
The fish seller at the same time shall also advise NMFS in writing of 
the full particulars, including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
fish delivery and the date of doing so,
    (iii) The quantity and delivery value of each species of fee fish 
that the fish seller delivered, and
    (iv) The fish buyer's reason, if known, for refusing to collect the 
fee in accordance with this subpart;
    (2) If a fish seller refuses to pay the fee in the amount and manner 
that this subpart requires, the fish buyer shall then advise the fish 
seller of the fish buyer's collection obligation and of the fish 
seller's payment obligation. If the fish seller still refuses to pay the 
fee, the fish buyer shall then either deduct the fee from the delivery 
value over the fish seller's protest or refuse to buy the fee fish. The 
fish buyer shall also, within the next 7 calendar days, advise NMFS in 
writing of the full particulars, including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
or attempted to make fish delivery and the date of doing so,
    (iii) The quantity and delivery value of each species of fee fish 
the fish seller delivered or attempted to deliver,
    (iv) Whether the fish buyer deducted the fee over the fish seller's 
protest or refused to buy the fee fish, and
    (v) The fish seller's reason, if known, for refusing to pay the fee 
in accordance with this subpart.
    (f) Implementation regulations at variance with this section. If any 
special circumstances in a reduction fishery require, in NMFS's 
judgment, fee payment and/or collection provisions in addition to, or 
different from, those in this section in order to accommodate the 
circumstances of, and practices in, a reduction fishery while still 
fulfilling the intent and purpose of this section, NMFS may, 
notwithstanding this section, include such provisions in the 
implementation regulations for such reduction fishery.



Sec. 600.1014  Fee collection deposits, disbursements, records, and reports.

    (a) Deposit accounts. Each fish buyer that this subpart requires to 
collect a fee shall maintain a segregated account at a federally insured 
financial institution for the sole purpose of depositing collected fee 
revenue and disbursing the fee revenue directly to NMFS in accordance 
with paragraph (c) of this section.
    (b) Fee collection deposits. Each fish buyer, no less frequently 
than at the end of each business week, shall deposit, in the deposit 
account established under paragraph (a) of this section, all fee 
revenue, not previously deposited, that the fish buyer collects

[[Page 144]]

through a date not more than two calendar days before the date of 
deposit. Neither the deposit account nor the principal amount of 
deposits in the account may be pledged, assigned, or used for any 
purpose other than aggregating collected fee revenue for disbursement to 
the Fund in accordance with paragraph (c) of this section. The fish 
buyer is entitled, at any time, to withdraw deposit interest, if any, 
but never deposit principal, from the deposit account for the fish 
buyer's own use and purposes.
    (c) Deposit principal disbursement. On the last business day of each 
month, or more frequently if the amount in the account exceeds the 
account limit for insurance purposes, the fish buyer shall disburse to 
NMFS the full amount of deposit principal then in the deposit account. 
The fish buyer shall do this by check made payable to the Fund 
subaccount to which the deposit principal relates. The fish buyer shall 
mail each such check to the Fund subaccount lockbox that NMFS 
establishes for the receipt of the disbursements for each program. Each 
disbursement shall be accompanied by the fish buyer's settlement sheet 
completed in the manner and form that NMFS specifies. NMFS will specify 
the Fund subaccount lockbox and the manner and form of settlement sheet 
by means of the notification in Sec. 600.1013(d).
    (d) Records maintenance. Each fish buyer shall maintain, in a secure 
and orderly manner for a period of at least 3 years from the date of 
each transaction involved, at least the following information:
    (1) For all deliveries of fee fish that the fish buyer buys from 
each fish seller:
    (i) The date of delivery,
    (ii) The seller's identity,
    (iii) The weight, number, or volume of each species of fee fish 
delivered,
    (iv) The identity of the fishing vessel that delivered the fee fish,
    (v) The delivery value of each species of fee fish,
    (vi) The net delivery value,
    (vii) The identity of the party to whom the net delivery value is 
paid, if other than the fish seller,
    (viii) The date the net delivery value was paid, and
    (ix) The total fee amount collected;
    (2) For all fee collection deposits to and disbursements from the 
deposit account:
    (i) The dates and amounts of deposits,
    (ii) The dates and amounts of disbursements to the Fund's lockbox 
account, and
    (iii) The dates and amounts of disbursements to the fish buyer or 
other parties of interest earned on deposits.
    (e) Annual report. In each year, on the date to be specified in each 
implementation regulation, succeeding the year during which NMFS first 
implemented a fee, each fish buyer shall submit to NMFS a report, on or 
in the form NMFS specifies, containing the following information for the 
preceding year, or whatever longer period may be involved in the first 
annual report, for all fee fish each fish buyer purchases from fish 
sellers: (1) Total weight, number, or volume bought;
    (2) Total delivery value paid;
    (3) Total fee amounts collected;
    (4) Total fee collection amounts deposited by month;
    (5) Dates and amounts of monthly disbursements to each Fund lockbox 
account;
    (6) Total amount of interest earned on deposits; and
    (7) Depository account balance at year-end.
    (f) State records. If landing records that a state requires from 
fish sellers contain some or all of the data that this section requires 
and state confidentiality laws or regulations do not prevent NMFS' 
access to the records maintained for the state, then fish buyers can use 
such records to meet appropriate portions of this section's 
recordkeeping requirements. If, however, state confidentiality laws or 
regulations make such records unavailable to NMFS, then fish buyers 
shall maintain separate records for NMFS that meet the requirements of 
this section. If any state law or regulation prohibits fish buyers, or 
fish sellers where appropriate, from keeping, for the purpose of 
complying with any requirement of this section, separate records that 
involve some or all of the same data elements as the landing records 
that the

[[Page 145]]

fish buyers also keep, for state purposes and under state law or 
regulation, then a financed reduction program will not be possible.
    (g) Audits. NMFS or its agents may audit, in whatever manner NMFS 
believes reasonably necessary for the duly diligent administration of 
reduction loans, the financial records of fish buyers and fish sellers 
in each reduction fishery in order to ensure proper fee payment, 
collection, deposit, disbursement, accounting, record keeping, and 
reporting. Fish buyers and fish sellers shall make all records of all 
program transactions involving post-reduction fish harvests, fish 
deliveries, and fee payments, collections, deposits, disbursements, 
accounting, record keeping, and reporting available to NMFS or NMFS' 
agents at reasonable times and places and promptly provide all requested 
information reasonably related to these records that such fish sellers 
and fish buyers may otherwise lawfully provide. Trip tickets (or similar 
accounting records establishing the pounds of fee fish that each fish 
buyer buys from each fish seller each time that each fish buyer does so 
and each price that each fish buyer then pays to each fish seller for 
the fee fish) are essential audit documentation.
    (h) Confidentiality of records. NMFS and NMFS' auditing agents shall 
maintain the confidentiality of all data to which NMFS has access under 
this section and shall neither release the data nor allow the data's use 
for any purpose other than the purpose of this subpart; provided, 
however, that NMFS may aggregate such data so as to preclude their 
identification with any fish buyer or any fish seller and use them in 
the aggregate for other purposes).
    (i) Refunds. When NMFS determines that a reduction loan is fully 
repaid, NMFS will refund any excess fee receipts, on a last-in/first-out 
basis, to the fish buyers. Fish buyers shall return the refunds, on a 
last-in/first-out basis, to the fish sellers who paid the amounts 
refunded.
    (j) Implementation regulations at variance with this section. If any 
special circumstances in a reduction fishery require, in NMFS's 
judgment, fee collection deposit, disbursement, or records provisions in 
addition to, or different from, those in this section in order to 
accommodate the circumstances of, and practices in, a reduction fishery 
while still fulfilling the intent and purpose of this section, NMFS may, 
notwithstanding this section, include such provisions in the 
implementation regulations for such reduction fishery.



Sec. 600.1015  Late charges.

    The late charge to fish buyers for fee payment, collection, deposit, 
and/or disbursement shall be one and one-half (1.5) percent per month, 
or the maximum rate permitted by state law, for the total amount of the 
fee not paid, collected, deposited, and/or disbursed when due to be 
paid, collected, deposited, and/or disbursed. The full late charge shall 
apply to the fee for each month or portion of a month that the fee 
remains unpaid, uncollected, undeposited, and/or undisbursed.



Sec. 600.1016  Enforcement.

    In accordance with applicable law or other authority, NMFS may take 
appropriate action against each fish seller and/or fish buyer 
responsible for non-payment, non-collection, non-deposit, and/or non-
disbursement of the fee in accordance with this subpart to enforce the 
collection from such fish seller and/or fish buyer of any fee (including 
penalties and all costs of collection) due and owing the United States 
on account of the loan that such fish seller and/or fish buyer should 
have, but did not, pay, collect, deposit, and/or disburse in accordance 
with this subpart. All such loan recoveries shall be applied to reduce 
the unpaid balance of the loan.



Sec. 600.1017  Prohibitions and penalties.

    (a) The following activities are prohibited, and it is unlawful for 
any party to:
    (1) Vote in any referendum under this subpart if the party is 
ineligible to do so;
    (2) Vote more than once in any referendum under this subpart;
    (3) Sign or otherwise cast a ballot on behalf of a voter in any 
referendum under this subpart unless the voter has fully authorized the 
party to do so and doing so otherwise comports with this subpart;

[[Page 146]]

    (4) Interfere with or attempt to hinder, delay, buy, or otherwise 
unduly or unlawfully influence any eligible voter's vote in any 
referendum under this subpart;
    (5) Submit a fraudulent, unauthorized, incomplete, misleading, 
unenforceable by specific performance, or inaccurate bid in response to 
an invitation to bid under this subpart or, in any other way, interfere 
with or attempt to interfere with, hinder, or delay, any invitation to 
bid, any bid submitted under any invitation to bid, any reduction 
contract, or any other reduction process in connection with any 
invitation to bid;
    (6) Revoke or attempt to revoke any bid under this subpart;
    (7) Fail to comply with the terms and conditions of any invitation 
to bid, bid, or reduction contract under this subpart, including NMFS' 
right under such reduction contracts to specific performance;
    (8) Fail to fully and properly pay and collect any fee due payable, 
and collectible under this subpart or otherwise avoid, decrease, 
interfere with, hinder, or delay any such payment and collection,
    (9) Convert, or otherwise use for any purpose other than the purpose 
this subpart intends, any paid or collected fee;
    (10) Fail to fully and properly deposit on time the full amount of 
all fee revenue collected under this subpart into a deposit account and 
disburse the full amount of all deposit principal to the Fund's lockbox 
account--all as this subpart requires;
    (11) Fail to maintain full, timely, and proper fee payment, 
collection, deposit, and/or disbursement records or make full, timely, 
and proper reports of such information to NMFS-all as this subpart 
requires;
    (12) Fail to advise NMFS of any fish seller's refusal to pay, or of 
any fish buyer's refusal to collect, any fee due and payable under this 
subpart;
    (13) Refuse to allow NMFS or agents that NMFS designates to review 
and audit at reasonable times all books and records reasonably pertinent 
to fee payment, collection, deposit, disbursement, and accounting under 
this subpart or otherwise interfere with, hinder, or delay NMFS or it 
agents in the course of their activities under this subpart;
    (14) Make false statements to NMFS, any of the NMFS' employees, or 
any of NMFS' agents about any of the matters in this subpart;
    (15) Obstruct, prevent, or unreasonably delay or attempt to 
obstruct, prevent, or unreasonably delay any audit or investigation NMFS 
or its agents conduct, or attempt to conduct, in connection with any of 
the matters in this subpart; and/or
    (16) Otherwise materially interfere with the efficient and effective 
conduct of reduction and the repayment of reduction loans under this 
subpart.
    (b) Any party who violates one or more of the prohibitions of 
paragraph (a) of this section is subject to the full range of penalties 
the Magnuson-Stevens Act and 15 CFR part 904 provide--including, but not 
limited to: civil penalties, sanctions, forfeitures, and punishment for 
criminal offenses--and to the full penalties and punishments otherwise 
provided by any other applicable law of the United States.
    (c) Additionally, NMFS may take any and all appropriate actions, 
including the communication of action at law, against each party 
responsible for the non-payment, non-collection, non-deposit, and/or 
non-disbursement in accordance with Sec. 600.1013 and/or Sec. 600.1014 
to enforce the United States' receipt from such party of any fee--
including penalties and all costs of collection--due and owing the 
United States on account of the reduction loan that such party should 
have, but did not, pay, collect, deposit, and/or disburse in accordance 
with Sec. 600.1013 and/or Sec. 600.1014. All such reduction loan 
recoveries shall be applied to reduce the unpaid balances of reduction 
loans.



    Subpart M_Specific Fishery or Program Fishing Capacity Reduction 
                               Regulations

    Authority: 5 U.S.C. 561, 16 U.S.C. 1801 et seq., 16 U.S.C. 1861a(b) 
through (e), 46 App. U.S.C. 1279f and 1279g, section 144(d) of Division 
B of Pub. L. 106-554, section 2201 of Pub. L. 107-20, and section 205 of 
Pub. L. 107-117, Pub. L. 107-206, Pub. L. 108-7, Pub. L. 108-199, and 
Pub. L. 108-447.

[[Page 147]]


    Source: 69 FR 53361, Sept. 1, 2004, unless otherwise noted.



Sec. 600.1100  [Reserved]



Sec. 600.1101  Inshore fee system for repayment of the loan to harvesters of 

Pollock from the directed fishing allowance allocated to the inshore component 

under section 206(b)(1) of the AFA.

    (a) Definition. In addition to the definitions in the Magnuson-
Stevens Act and in Sec. 679.2 of this title, the terms used in this 
subpart have the following meanings:
    American Fisheries Act (AFA) means Title II of Pub.L. 105-277.
    Borrower means (individually and collectively) all persons who, 
after January 1, 2000, harvest fee fish from the IC directed fishing 
allowance.
    Business week means a 7-day period, Saturday through Friday.
    Delivery value means the gross ex-vessel value of all fee fish at 
fish delivery.
    Deposit principal means all collected fee revenue that a fish buyer 
deposits in a segregated deposit account maintained in a federally 
chartered national bank for the sole purpose of aggregating collected 
fee revenue before sending the fee revenue to NMFS for repaying the 
loan.
    Fee means the six-tenths (0.6) of one cent that fish buyers deduct 
at fish delivery from the delivery value of each pound of round weight 
fee fish.
    Fee fish means all pollock harvested from the IC directed fishing 
allowance beginning on February 10, 2000 and ending at such time as the 
loan's principal and interest are fully repaid.
    Fish buyer means the first ex-vessel fish buyer who purchases fee 
fish from a fish seller.
    Fish delivery means the point at which a fish buyer first takes 
delivery or possession of fee fish from a fish seller.
    Fish seller means the harvester who catches and first sells fee fish 
to a fish buyer.
    IC directed fishing allowance means the directed fishing allowance 
allocated to the inshore component under section 206(b)(1) of the AFA.
    Loan means the loan authorized by section 207(a) of the AFA.
    Net delivery value means the delivery value minus the fee.
    Subaccount means the Inshore Component Pollock Subaccount of the 
Fishing Capacity Reduction Fund in the U.S. Treasury for the deposit of 
all funds involving the loan.
    (b) Loan--(1) Principal amount. The loan's principal amount is 
$75,000,000 (seventy five million dollars).
    (2) Interest. Interest shall, from December 30, 1998, when NMFS 
disbursed the loan, until the date the borrower fully repays the loan, 
accrue at a fixed rate of 7.09 percent. Interest shall be simple 
interest and shall accrue on the basis of a 365-day year.
    (3) Repayment. The fee shall be the exclusive source of loan 
repayment. The fee shall be paid on all fee fish.
    (4) Application of fee receipts. NMFS shall apply all fee receipts 
it receives, first, to payment of the loan's accrued interest and, 
second, to reduction of the loan's principal balance.
    (5) Obligation. The borrower shall repay the loan in accordance with 
the AFA and this subpart.
    (c) Fee payment and collection--(1) Payment and collection. (i) The 
fee is due and payable at the time of fish delivery. Each fish buyer 
shall collect the fee at the time of fish delivery by deducting the fee 
from the delivery value before paying or promising later to pay the net 
delivery value. Each fish seller shall pay the fee at the time of fish 
delivery by receiving from the fish buyer the net delivery value or the 
fish buyer's promise later to pay the net delivery value rather than the 
delivery value. Regardless of when the fish buyer pays the net delivery 
value, the fish buyer shall collect the fee at the time of fish 
delivery;
    (ii)(A) Each fish seller shall be deemed, for the purpose of the fee 
collection, deposit, disbursement, and accounting requirements of this 
subpart, to be both the fish seller and the fish buyer--and all 
requirements and penalties under this subpart applicable to both a fish 
seller and a fish buyer shall equally apply to the fish seller--each 
time that the fish seller sells fee fish to:
    (1) Any fish buyer whose place of business is not located in the 
United States, who does not take delivery or

[[Page 148]]

possession of the fee fish in the United States, who is not otherwise 
subject to this subpart, or to whom or against whom NMFS cannot 
otherwise apply or enforce this subpart,
    (2) Any fish buyer who is a general food-service wholesaler or 
supplier, a restaurant, a retailer, a consumer, some other type of end-
user, or some other fish buyer not engaged in the business of buying 
fish from fish sellers for the purpose of reselling the fish, or
    (3) Any other fish buyer who the fish seller has good reason to 
believe is a fish buyer not subject to this subpart or to whom or 
against whom NMFS cannot otherwise apply or enforce this subpart,
    (B) In each such case the fish seller shall, with respect to the fee 
fish involved in each such case, discharge, in addition to the fee 
payment requirements of this subpart, all the fee collection, deposit, 
disbursement, accounting, recordkeeping, and reporting requirements that 
this subpart otherwise imposes on the fish buyer, and the fish seller 
shall be subject to all the penalties this subpart provides for a fish 
buyer's failure to discharge such requirements;
    (2) Notification. (i) NMFS will send an appropriate fee payment and 
collection commencement notification to each affected fish seller and 
fish buyer of whom NMFS has knowledge.
    (ii) When NMFS determines that the loan is fully repaid, NMFS will 
publish a Federal Register notification that the fee is no longer in 
effect and should no longer be either paid or collected. NMFS will then 
also send an appropriate fee termination notification to each affected 
fish seller and fish buyer of whom NMFS has knowledge;
    (3) Failure to pay or collect. (i) If a fish buyer refuses to 
collect the fee in the amount and manner that this subpart requires, the 
fish seller shall then advise the fish buyer of the fish seller's fee 
payment obligation and of the fish buyer's fee collection obligation. If 
the fish buyer still refuses to properly collect the fee, the fish 
seller, within the next 7 calendar days, shall forward the fee to NMFS. 
The fish seller at the same time shall also advise NMFS in writing of 
the full particulars, including:
    (A) The fish buyer's and fish seller's name, address, and telephone 
number,
    (B) The name of the fishing vessel from which the fish seller made 
fish delivery and the date of doing so,
    (C) The quantity and delivery value of fee fish that the fish seller 
delivered, and
    (D) The fish buyer's reason (if known) for refusing to collect the 
fee in accordance with this subpart;
    (ii) If a fish seller refuses to pay the fee in the amount and 
manner that this subpart requires, the fish buyer shall then advise the 
fish seller of the fish buyer's collection obligation and of the fish 
seller's payment obligation. If the fish seller still refuses to pay the 
fee, the fish buyer shall then either deduct the fee from the delivery 
value over the fish seller's protest or refuse to buy the fee fish. The 
fish buyer shall also, within the next 7 calendar days, advise NMFS in 
writing of the full particulars, including:
    (A) The fish buyer's and fish seller's name, address, and telephone 
number,
    (B) The name of the fishing vessel from which the fish seller made 
or attempted to make fish delivery and the date of doing so,
    (C) The quantity and delivery value of fee fish the fish seller 
delivered or attempted to deliver,
    (D) Whether the fish buyer deducted the fee over the fish seller's 
protest or refused to buy the fee fish, and
    (E) The fish seller's reason (if known) for refusing to pay the fee 
in accordance with this subpart.
    (d) Fee collection deposits, disbursements, records, and reports--
(1) Deposit accounts. Each fish buyer that this subpart requires to 
collect a fee shall maintain a segregated account at a federally insured 
financial institution for the sole purpose of depositing collected fee 
revenue and disbursing the fee revenue directly to NMFS in accordance 
with paragraph (c) of this section.
    (2) Fee collection deposits. Each fish buyer, no less frequently 
than at the end of each business week, shall deposit, in the deposit 
account established under paragraph (a) of this section, all fee 
revenue, not previously deposited, that the fish buyer has collected 
through a date not more than 2

[[Page 149]]

calendar days before the date of deposit. Neither the deposit account 
nor the principal amount of deposits in the account may be pledged, 
assigned, or used for any purpose other than aggregating collected fee 
revenue for disbursement to the subaccount in accordance with paragraph 
(c) of this section. The fish buyer is entitled, at any time, to 
withdraw deposit interest, if any, but never deposit principal, from the 
deposit account for the fish buyer's own use and purposes.
    (3) Deposit principal disbursement. On the last business day of each 
month, or more frequently if the amount in the account exceeds the 
account limit for insurance purposes, the fish buyer shall disburse to 
NMFS the full amount of deposit principal then in the deposit account. 
The fish buyer shall do this by check made payable to ``NOAA Inshore 
Component Pollock Loan Subaccount.'' The fish buyer shall mail each such 
check to the subaccount lockbox account that NMFS establishes for the 
receipt of the disbursements of deposit principal. Each disbursement 
shall be accompanied by the fish buyer's settlement sheet completed in 
the manner and form that NMFS specifies. NMFS will specify the 
subaccount's lockbox and the manner and form of settlement sheet by 
means of the notification in Sec. 600.1101(c).
    (4) Records maintenance. Each fish buyer shall maintain, in a secure 
and orderly manner for a period of at least 3 years from the date of 
each transaction involved, at least the following information:
    (i) For all deliveries of fee fish that the fish buyer buys from 
each fish seller:
    (A) The date of delivery,
    (B) The fish seller's identity,
    (C) The round weight of fee fish delivered,
    (D) The identity of the fishing vessel that delivered the fee fish,
    (E) The delivery value,
    (F) The net delivery value,
    (G) The identity of the party to whom the net delivery value is 
paid, if other than the fish seller,
    (H) The date the net delivery value was paid, and
    (I) The total fee amount collected;
    (ii) For all fee collection deposits to and disbursements from the 
deposit account:
    (A) The dates and amounts of deposits,
    (B) The dates and amounts of disbursements to the subaccount's 
lockbox account, and
    (C) The dates and amounts of disbursements to the fish buyer or 
other parties of interest earned on deposits.
    (5) Annual report. By January 15, 2001, and by each January 15 
thereafter until the loan is fully repaid, each fish buyer shall submit 
to NMFS a report, on or in the form NMFS specifies, containing the 
following information for the preceding year for all fee fish each fish 
buyer purchases from fish sellers:
    (i) Total round weight bought;
    (ii) Total delivery value paid;
    (iii) Total fee amount collected;
    (iv) Total fee collection amounts deposited by month;
    (v) Dates and amounts of monthly disbursements to the subaccount 
lockbox;
    (vi) Total amount of interest earned on deposits; and
    (vii) Depository account balance at year-end.
    (6) State records. If landing records that a state requires from 
fish sellers contain some or all of the data that this section requires 
and state confidentiality laws or regulations do not prevent NMFS' 
access to the records maintained for the state, then fish buyers can use 
such records to meet appropriate portions of this section's 
recordkeeping requirements. If, however, state confidentiality laws or 
regulations make such records unavailable to NMFS, then fish buyers 
shall maintain separate records for NMFS that meet the requirements of 
this section.
    (7) Audits. NMFS or its agents may audit, in whatever manner NMFS 
believes reasonably necessary for the duly diligent administration of 
the loan, the financial records of the fish buyers and the fish sellers 
in order to ensure proper fee payment, collection, deposit, 
disbursement, accounting, recordkeeping, and reporting. Fish buyers and 
fish sellers shall make all records of all transactions involving fee 
fish

[[Page 150]]

catches, fish deliveries, and fee payments, collections, deposits, 
disbursements, accounting, recordkeeping, and reporting available to 
NMFS or its agents at reasonable times and places and promptly provide 
all requested information reasonably related to these records that such 
fish sellers and fish buyers may otherwise lawfully provide. Trip 
tickets (or similar accounting records establishing the round weight 
pounds of fee fish that each fish buyer buys from each fish seller each 
time that each fish buyer does so) are essential audit documentation.
    (8) Confidentiality of records. NMFS and its auditing agents shall 
maintain the confidentiality of all data to which NMFS has access under 
this section and shall neither release the data nor allow the data's use 
for any purpose other than the purpose of this subpart, unless otherwise 
required by law; provided, however, that NMFS may aggregate such data so 
as to preclude their identification with any fish buyer or any fish 
seller and use them in the aggregate for other purposes.
    (9) Refunds. When NMFS determines that the loan is fully repaid, 
NMFS will refund any excess fee receipts, on a last-in/first-out basis, 
to the fish buyers. Fish buyers shall return the refunds, on a last-in/
first-out basis, to the fish sellers who paid the amounts refunded.
    (e) Late charges. The late charge to fish buyers for fee payment, 
collection, deposit, and/or disbursement shall be one and one-half (1.5) 
percent per month, or the maximum rate permitted by state law, for the 
total amount of the fee not paid, collected, deposited, and/or disbursed 
when due to be paid, collected, deposited, and/or disbursed within 5 
days of the date due. The full late charge shall apply to the fee for 
each month or portion of a month that the fee remains unpaid, 
uncollected, undeposited, and/or undisbursed.
    (f) Enforcement. In accordance with applicable law or other 
authority, NMFS may take appropriate action against each fish seller 
and/or fish buyer responsible for non-payment, non-collection, non-
deposit, and/or non-disbursement of the fee in accordance with this 
subpart to enforce the collection from such fish seller and/or fish 
buyer of any fee (including penalties and all costs of collection) due 
and owing the United States on account of the loan that such fish seller 
and/or fish buyer should have, but did not, pay, collect, deposit, and/
or disburse in accordance with this subpart. All such loan recoveries 
shall be applied to reduce the unpaid balance of the loan.
    (g) Prohibitions and penalties. (1) The following activities are 
prohibited, and it is unlawful for anyone to:
    (i) Avoid, decrease, interfere with, hinder, or delay payment or 
collection of, or otherwise fail to fully and properly pay or collect, 
any fee due and payable under this subpart or convert, or otherwise use 
for any purpose other than the purpose this subpart intends, any paid or 
collected fee;
    (ii) Fail to fully and properly deposit on time the full amount of 
all fee revenue collected under this subpart into a deposit account and 
disburse the full amount of all deposit principal to the subaccount's 
lockbox account--all as this subpart requires;
    (iii) Fail to maintain full, timely, and proper fee payment, 
collection, deposit, and/or disbursement records or make full, timely, 
and proper reports of such information to NMFS-all as this subpart 
requires;
    (iv) Fail to advise NMFS of any fish seller's refusal to pay, or of 
any fish buyer's refusal to collect, any fee due and payable under this 
subpart;
    (v) Refuse to allow NMFS or agents that NMFS designates to review 
and audit at reasonable times all books and records reasonably pertinent 
to fee payment, collection, deposit, disbursement, and accounting under 
this subpart or otherwise interfere with, hinder, or delay NMFS or it 
agents in the course of their activities under this subpart;
    (vi) Make false statements to NMFS, any of the NMFS' employees, or 
any of NMFS' agents about any of the matters in this subpart;
    (vii) Obstruct, prevent, or unreasonably delay or attempt to 
obstruct, prevent, or unreasonably delay any audit or investigation NMFS 
or its agents

[[Page 151]]

conduct, or attempt to conduct, in connection with any of the matters in 
this subpart; and/or
    (viii) Otherwise materially interfere with the efficient and 
effective repayment of the loan.
    (2) Anyone who violates one or more of the prohibitions of paragraph 
(a) of this section is subject to the full range of penalties the 
Magnuson-Stevens Act and 15 CFR part 904 provide (including, but not 
limited to: civil penalties, sanctions, forfeitures, and punishment for 
criminal offenses) and to the full penalties and punishments otherwise 
provided by any other applicable law of the United States.



Sec. 600.1102  Pacific Coast groundfish fee.

    (a) Purpose. This section implements the fee for repaying the 
reduction loan financing the Pacific Coast Groundfish Program authorized 
by section 212 of Division B, Title II, of Public Law 108-7 and 
implemented by a final notification in the Federal Register (July 18, 
2003; 68 FR 42613).
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 of subpart L expressly apply to this section. 
The following terms have the following meanings for the purpose of this 
section:
    Borrower means, individually and collectively, each post-reduction 
fishing permit holder and/or fishing vessel owner fishing in the 
reduction fishery, in any or all of the fee-share fisheries, or in both 
the reduction fishery and any or all of the fee-share fisheries.
    Deposit principal means all collected fee revenue that a fish buyer 
deposits in an account maintained at a federally insured financial 
institution for the purpose of aggregating collected fee revenue before 
sending the fee revenue to NMFS for repaying the reduction loan.
    Fee fish means all fish harvested from the reduction fishery during 
the period in which any portion of the reduction fishery's subamount is 
outstanding and all fish harvested from each of the fee-share fisheries 
during the period in which any portion of each fee-share fishery's 
subamount is outstanding.
    Fee-share fishery means each of the fisheries for coastal Dungeness 
crab and pink shrimp in each of the States of California and Oregon and 
the fishery for coastal Dungeness crab and ocean pink shrimp in the 
State of Washington.
    Fee-share fishery subaccount means each of the six subaccounts 
established in the groundfish program's fund subaccount in which each of 
the six fee-share fishery subamounts are deposited.
    Reduction fishery means all species in, and that portion of, the 
limited entry trawl fishery under the Federal Pacific Coast Groundfish 
Fishery Management Plan that is conducted under permits, excluding those 
registered to whiting catcher-processors, which are endorsed for trawl 
gear operation.
    Reduction fishery subaccount means the subaccount established in the 
groundfish program's fund subaccount in which the reduction fishery 
subamount is deposited.
    Subamount means each portion of the reduction loan's original 
principal amount which is allocated either to the reduction fishery or 
to any one of the fee-share fisheries.
    (c) Reduction loan amount. The reduction loan's original principal 
amount is $35,662,471.
    (d) Subamounts. The subamounts of the reduction loan amount are:
    (1) Reduction fishery, $28,428,719; and
    (2) Fee-share fisheries:
    (i) California coastal Dungeness crab fee-share fishery, $2,334,334,
    (ii) California pink shrimp fee-share fishery, $674,202,
    (iii) Oregon coastal Dungeness crab fee-share fishery, $1,367,545,
    (iv) Oregon pink shrimp fee-share fishery, $2,228,845,
    (v) Washington coastal Dungeness crab fee-share fishery, $369,426, 
and
    (vi) Washington ocean pink shrimp fee-share fishery, $259,400.
    (e) Interest accrual inception. Interest began accruing on each 
portion of the reduction loan amount on and from the date each such 
portion was disbursed.
    (f) Interest rate. The reduction loan's interest rate is 6.97 
percent. This is a fixed rate of interest for the full term of the 
reduction loan's life.
    (g) Repayment term. For the purpose of determining fee rates, the 
reduction loan's repayment term shall be 30 years

[[Page 152]]

from March 1, 2004, but each fee shall continue for as long as necessary 
to fully repay each subamount.
    (h) Reduction loan. The reduction loan shall be subject to the 
provisions of Sec. 600.1012 of subpart L, except that:
    (1) The borrower's obligation to repay the reduction loan shall be 
discharged by fish sellers in the reduction fishery and in each of the 
fee-share fisheries paying the fee applicable to each such fishery's 
subamount in accordance with Sec. 600.1013 of subpart L, and
    (2) Fish buyers in the reduction fishery and in each of the fee-
share fisheries shall be obligated to collect the fee applicable to each 
such fishery's subamount in accordance with Sec. 600.1013 of this 
subpart.
    (i) Fee collection, deposits, disbursements, records, and reports. 
Fish buyers in the reduction fishery and in each of the fee share 
fisheries shall deposit and disburse, as well as keep records for and 
submit reports about, the fees applicable to each such fishery in 
accordance with Sec. 600.1014 of this subpart, except that:
    (1) Deposit accounts. Each fish buyer that this section requires to 
collect a fee shall maintain an account at a federally insured financial 
institution for the purpose of depositing collected fee revenue and 
disbursing the deposit principal directly to NMFS in accordance with 
paragraph (i)(3) of this section. The fish buyer may use this account 
for other operational purposes as well, but the fish buyer shall ensure 
that the account separately accounts for all deposit principal collected 
from the reduction fishery and from each of the six fee-share fisheries. 
The fish buyer shall separately account for all fee collections as 
follows:
    (i) All fee collections from the reduction fishery shall be 
accounted for in a reduction fishery subaccount,
    (ii) All fee collections from the California pink shrimp fee-share 
fishery shall be accounted for in a California shrimp fee-share fishery 
subaccount,
    (iii) All fee collections from the California coastal Dungeness crab 
fishery shall be accounted for in a California crab fee-share fishery 
subaccount,
    (iv) All fee collections from the Oregon pink shrimp fee-share 
fishery shall be accounted for in an Oregon shrimp fee-share fishery 
subaccount,
    (v) All fee collections from the Oregon coastal Dungeness crab fee-
share fishery shall be accounted for in an Oregon crab fee-share fishery 
subaccount,
    (vi) All fee collections from the Washington ocean pink shrimp fee-
share fishery shall be accounted for in a Washington ocean shrimp fee-
share fishery subaccount, and
    (vii) All fee collections from the Washington coastal Dungeness crab 
fishery shall be accounted for in a Washington crab fee-share fishery 
subaccount;
    (2) Fee collection deposits. Each fish buyer, no less frequently 
than at the end of each month, shall deposit, in the deposit account 
established under paragraph (i)(1) of this section, all collected fee 
revenue not previously deposited that the fish buyer collects through a 
date not more than two calendar days before the date of deposit. The 
deposit principal may not be pledged, assigned, or used for any purpose 
other than aggregating collected fee revenue for disbursement to the 
fund in accordance with paragraph (i)(3) of this section. The fish buyer 
is entitled, at any time, to withdraw interest (if any) on the deposit 
principal, but never the deposit fee principal itself, for the fish 
buyer's own use and purposes;
    (3) Deposit principal disbursement. Not later than the 14th calendar 
day after the last calendar day of each month, or more frequently if the 
amount in the account exceeds the account limit for insurance purposes, 
the fish buyer shall disburse to NMFS the full deposit principal then in 
the deposit account, provided that the deposit principal then totals 
$100 or more. If the deposit principal then totals less than $100, the 
fish buyer need not disburse the deposit principal until either the next 
month during which the deposit principal then totals $100 or more, or 
not later than the 14th calendar day after the last calendar day of any 
year in which the deposit principal has not since the last required 
disbursement totaled $100 or more, whichever comes first. The fish buyer 
shall disburse deposit principal by check made payable to the groundfish 
program's fund subaccount. The fish buyer shall mail each such check

[[Page 153]]

to the groundfish program's fund subaccount lockbox that NMFS 
establishes for the receipt of groundfish program disbursements. Each 
disbursement shall be accompanied by the fish buyer's fee collection 
report completed in the manner and form which NMFS specifies. NMFS will, 
before fee payment and collection begins, specify the groundfish 
program's fund subaccount lockbox and the manner and form of fee 
collection report. NMFS will do this by means of the notification in 
Sec. 600.1013(d) of subpart L. NMFS' fee collection report instructions 
will include provisions for the fish buyer to specify the amount of each 
disbursement which was disbursed from the reduction fishery subaccount 
and/or from each of the six fee-share fishery subaccounts;
    (4) Records maintenance. Each fish buyer shall maintain, in a secure 
and orderly manner for a period of at least 3 years from the date of 
each transaction involved, at least the following information:
    (i) For all deliveries of fee fish that the fish buyer buys from 
each fish seller:
    (A) The date of delivery,
    (B) The fish seller's identity,
    (C) The weight, number, or volume of each species of fee fish 
delivered,
    (D) Information sufficient to specifically identify the fishing 
vessel which delivered the fee fish,
    (E) The delivery value of each species of fee fish,
    (F) The net delivery value of each species of fee fish,
    (G) The identity of the payor to whom the net delivery value is 
paid, if different than the fish seller,
    (H) The date the net delivery value was paid,
    (I) The total fee amount collected as a result of all fee fish, and
    (J) The total fee amount collected as a result of all fee fish from 
the reduction fishery and/or all fee fish from each of the six fee-share 
fisheries; and
    (ii) For all collected fee deposits to, and disbursements of deposit 
principal from, the deposit account include:
    (A) The date of each deposit,
    (B) The total amount deposited,
    (C) The total amount deposited in the reduction fishery subaccount 
and/or in each of the six fee-share fishery subaccounts,
    (D) The date of each disbursement to the Fund's lockbox,
    (E) The total amount disbursed,
    (F) The total amount disbursed from the reduction fishery subaccount 
and/or from each of the six fee-share fishery subaccounts, and
    (G) The dates and amounts of disbursements to the fish buyer, or 
other parties, of interest earned on deposits; and
    (5) Annual report. No fish buyer needs to submit an annual report 
about fee fish collection activities unless, during the course of an 
audit under Sec. 600.1014(g), NMFS requires a fish buyer to submit such 
a report or reports.
    (j) Other provisions. The reduction loan is, in all other respects, 
subject to the provisions of Sec. 600.1012 through applicable portions 
of Sec. 600.1017, except Sec. 600.1014(e).

[70 FR 40229, July 13, 2005, as amended at 71 FR 28, Jan. 3, 2006]



Sec. 600.1103  Bering Sea and Aleutian Islands (BSAI) Crab species program.

    (a) Purpose. This section's purpose is to implement the program that 
Section 144(d) of Division B of Pub. L. 106-554, as amended by section 
2201 of Pub. L. 107-20 and section 205 of Pub. L. 107-117, enacted for 
BSAI crab species.
    (b) Terms. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 expressly apply to the program for BSAI crab. 
Likewise, the terms defined in Sec. 679.2 of this chapter also apply to 
terms not otherwise defined in either Sec. 600.1000 or this section. 
The following terms used in this section have the following meanings for 
the purpose of this section:
    Acceptance means NMFS' acceptance, on behalf of the United States, 
of a bid.
    Bid means a bidder's irrevocable offer, in response to an invitation 
to bid under this section, to surrender, to have revoked, to have 
restricted, to relinquish, to have withdrawn, or to have extinguished by 
other means, in the manner this section requires, the bidder's reduction 
fishing interest.
    Bid amount means the dollar amount of each bid.

[[Page 154]]

    Bidder means either a qualifying bidder bidding alone or a 
qualifying bidder and a co-bidder bidding together who at the time of 
bidding holds the reduction fishing interests specified at Sec. 
600.1018(e).
    Bid crab means the crab that NMFS determines each bidder's 
reduction/history vessel (see definition) harvested, according to the 
State of Alaska's records of the documented harvest of crab, from each 
reduction endorsement fishery and from the Norton Sound fishery during 
the most recent 5 calendar years in which each reduction endorsement 
fishery was for any length of time open for directed crab fishing during 
a 10-calendar-year period beginning on January 1, 1990, and ending on 
December 31, 1999.
    Bid score means the criterion by which NMFS decides in what order to 
accept bids in the reverse auction this section specifies.
    Co-bidder means a person who is not a qualifying bidder, but who at 
the time of bidding owns the reduction/privilege vessel this section 
requires to be included in a bid and is bidding together with a 
qualifying bidder.
    Crab means the crab species covered by the Fishery Management Plan 
for the Bering Sea/Aleutian Islands King and Tanner Crabs pursuant to 
Sec. 679.2 of this chapter.
    Crab license means a License Limitation Program license for crab 
issued pursuant to Sec. 679.4(k)(5) of this chapter.
    Crab reduction permit means a non-interim crab license endorsed for 
one or more reduction endorsement fisheries, regardless of whether it is 
also endorsed for the Norton Sound fishery.
    FSD means NMFS' Financial Services Division, located in NMFS' Silver 
Spring, MD, headquarters office.
    Non-crab reduction permit means a fishing license, including all of 
its predecessor history, for which a bidder is the holder of record on 
December 12, 2003 and which was issued based on the fishing history of 
the bidder's -reduction/history vessel.
    Norton Sound fishery means the non-reduction fishery defined in 
Sec. 679.2 of this chapter as the area/species endorsement for Norton 
Sound red king and Norton Sound blue king crab.
    NVDC means the U.S. Coast Guard's National Vessel Documentation 
Center located in Falling Waters, WV.
    Qualifying bidder means a person who at the time of bidding is the 
license holder of record of a crab reduction permit.
    Qualifying voter means a person who at the time of voting in a 
referendum is the license holder of record either of an interim or a 
non-interim crab license, except a crab license whose sole area/species 
endorsement is for the Norton Sound fishery.
    RAM Program means NMFS' Restricted Access Management Program located 
in NMFS' Juneau, AK, regional office.
    Reduction endorsement fishery means any of the seven fisheries that 
Sec. 679.2 of this chapter defines as area/species endorsements except 
the area/species endorsement for the Norton Sound fishery.
    Reduction fishery means the fishery for all crab covered by the 
Bering Sea/Aleutian Islands King and Tanner Crabs Fishery Management 
Plan under all area/species endorsements that section 679.2 of the 
chapter defines, except the area/species endorsement for the Norton 
Sound fishery.
    Reduction fishing history means, for each bid, the complete 
documented harvest of the bidder's reduction/history vessel, upon any 
part of which such harvest NMFS based issuance of the crab license 
included in the bid as a crab reduction permit, plus such fishing 
history, after the issuance of such crab license, of any other vessel 
upon which the bidder used such crab license.
    Reduction fishing interest means, for each bid, the bidder's:
    (1) Reduction fishing privilege (see definition);
    (2) Crab reduction permit;
    (3) Non-crab reduction permit;
    (4) Reduction fishing history (see definition); and
    (5) Any other claim that could in any way qualify the owner, holder, 
or retainer of any of the reduction components, or any person claiming 
under such owner, holder, or retainer, for any present or future limited 
access system fishing license or permit in any United

[[Page 155]]

States fishery (including, but not limited to, any harvesting privilege 
or quota allocation under any present or future individual fishing quota 
system).
    Reduction fishing privilege means the worldwide fishing privileges 
of a bid's reduction/privilege vessel (see definition).
    Reduction/history vessel means the vessel or vessels which generated 
the reduction fishing history.
    Reduction loan sub-amount means the portion of the original 
principal amount of reduction loan this section specifies each reduction 
endorsement fishery must repay with interest.
    Reduction/privilege vessel means the vessel designated on a crab 
license on December 12, 2003.
    Referendum means a referendum under this section to determine 
whether voters approve the fee required to repay this program's 
reduction loan.
    Replacement vessel means a reduction/history vessel which replaced 
the lost or destroyed one whose reduction fishing history qualified 
during the general qualification period and the endorsement 
qualification period and, which under the exceptions in Amendment 10, 
qualified during the recent participation period.
    (c) Relationship to this subpart--(1) Provisions that apply. The 
provisions of Sec. 600.1000 through Sec. 600.1017 of this subpart 
apply to this program except as paragraph (c)(2) of this section 
provides; and
    (2) Provisions that do not apply. The following sections, or 
portions of them, of this subpart do not apply to this program:
    (i) All of:
    (A) Section 600.1001,
    (B) Section 600.1002,
    (C) Section 600.1003,
    (D) Section 600.1004,
    (E) Section 600.1005,
    (F) Section 600.1006, and
    (G) Section 600.1007,
    (ii) The portions of Sec. 600.1008:
    (A) Pertaining to an implementation plan,
    (B) Pertaining to a 60-day comment period for a proposed 
implementation regulation,
    (C) Pertaining to public hearings in each State that the this 
program affects,
    (D) Pertaining to basing the implementation regulation on a business 
plan,
    (E) Within paragraphs (d)(1)(ii) through (viii),
    (F) Within paragraph (d)(2)(ii),
    (G) Within paragraph (e), and
    (H) Within paragraph (f) and pertaining to fishing capacity 
reduction specifications and a subsidized program,
    (iii) The portions of Sec. 600.1009:
    (A) Pertaining to fishing capacity reduction specifications,
    (B) Within paragraph (a)(4),
    (C) Pertaining to a reduction amendment,
    (D) Within paragraph (a)(5)(ii), to the extent that the paragraph is 
inconsistent with the requirements of this section,
    (E) Within paragraph (b)(i), and
    (F) Pertaining to an implementation plan,
    (iv) The portions of Sec. 600.1010:
    (A) Within paragraph (b),
    (B) Pertaining to fishing capacity reduction specifications,
    (C) Within paragraph (d)(1), and
    (D) Within paragraphs (d)(4))(iv) through (vii),
    (v) The portions of Sec. 600.1011:
    (A) That comprise the last sentence of paragraph (a),
    (B) Within paragraph (d), and
    (C) Within paragraph (e)(2),
    (vi) The portions of Sec. 600.1012:
    (A) Within paragraph (b)(3) following the word ``subpart'', and
    (B) Within paragraph (b)(3), and
    (vii) The last sentence of Sec. 600.1014(f).
    (d) Reduction cost financing. NMFS will use the proceeds of a 
reduction loan, authorized for this purpose, to finance 100 percent of 
the reduction cost. The original principal amount of the reduction loan 
will be the total of all reduction payments that NMFS makes under 
reduction contracts. This amount shall not exceed $100 million.
    (e) Who constitutes a bidder. A bidder is a person or persons who is 
the:
    (1) Holder of record and person otherwise fully and legally entitled 
to offer, in the manner this section requires,

[[Page 156]]

the bid's crab reduction permit and the bid's non-crab reduction permit;
    (2) Reduction/privilege vessel owner, title holder of record, and 
person otherwise fully and legally entitled to offer, in the manner this 
section requires, the bid's reduction fishing privilege; and
    (3) Retainer and person otherwise fully and legally entitled to 
offer, in the manner this section requires, the bid's reduction fishing 
history.
    (f) How crab licenses determine qualifying bidders and qualifying 
voters--(1) Non-interim crab licenses. Each person who is the record 
holder of a non-interim crab license endorsed for one or more reduction 
endorsement fisheries is both a qualifying bidder and a qualifying voter 
and can both bid and vote;
    (2) Interim crab licenses. Each person who is the record holder of 
an interim crab license endorsed for one or more reduction endorsement 
fisheries is a qualifying voter but not a qualifying bidder and can vote 
but not bid;
    (3) Crab licenses endorsed solely for the Norton Sound Fishery. Each 
person who is the record holder of any crab license endorsed solely for 
the Norton Sound fishery is neither a qualifying bidder nor a qualifying 
voter and can neither bid nor vote; and
    (4) Time at which qualifying bidders and voters must hold required 
crab licenses. A qualifying bidder must be the record holder of the 
required crab license at the time the qualifying bidder submits its bid. 
A qualifying voter must be the record holder of the required crab 
license at the time the qualifying voter submits its referendum ballot.
    (g) Qualifying bidders and co-bidders--(1) Qualifying bidders 
bidding alone. There is no co-bidder when a qualifying bidder owns, 
holds, or retains all the required components of the reduction fishing 
interest;
    (2) Qualifying bidders bidding together with co-bidders. When a 
qualifying bidder does not own the reduction/privilege vessel, the 
person who does may be the qualifying bidder's co-bidder; and
    (3) Minimum reduction components that qualifying bidders must hold 
or retain when bidding with co-bidders. At a minimum, a qualifying 
bidder must hold the crab reduction permit and the non-crab reduction 
permit and retain the reduction fishing history. The reduction/privilege 
vessel may, however, be owned by another person who is a co-bidder.
    (h) Reduction fishing interest--(1) General requirements. Each 
bidder must:
    (i) In its bid, offer to surrender, to have revoked, to have 
restricted, to relinquish, to have withdrawn, or to have extinguished by 
other means, in the manner that this section requires, the reduction 
fishing interest,
    (ii) At the time of bidding, hold, own, or retain the reduction 
fishing interest and be fully and legally entitled to offer, in the 
manner that this section requires, the reduction fishing interest, and
    (iii) Continuously thereafter hold, own, or retain the reduction 
fishing interest and remain fully and legally entitled to offer, in the 
manner that this section requires, the reduction fishing interest until:
    (A) The bid expires without NMFS first having accepted the bid,
    (B) NMFS notifies the bidder that NMFS rejects the bid,
    (C) NMFS notifies the bidder that a reduction contract between the 
bidder and the United States no longer exists, or
    (D) NMFS tenders reduction payment to the bidder;
    (2) Reduction/privilege vessel requirements. The reduction/privilege 
vessel in each bid must be:
    (i) The vessel designated, at the time this final rule is published 
in the Federal Register, on a crab license which becomes a bid's crab 
reduction permit, and
    (ii) Be neither lost nor destroyed at the time of bidding;
    (3) Reduction fishing privilege requirements. The reduction fishing 
privilege in each bid must be the reduction/privilege vessel's:
    (i) Fisheries trade endorsement under the Merchant Marine Act, 1936 
(46 U.S.C.A. 12108),
    (ii) Qualification for any present or future U.S. Government 
approval under section (9)(c)(2) of the Shipping Act, 1916 (46 U.S.C. 
App. 808(c)(2)) for placement under foreign registry or operation under 
the authority of a foreign country, and

[[Page 157]]

    (iii) Any other privilege to ever fish anywhere in the world;
    (4) Crab reduction permit requirements. (i) Except as otherwise 
provided in paragraph (i) of this section, the crab reduction permit 
must in each bid:
    (A) Be the crab license that NMFS issued on the basis of the 
bidder's reduction fishing history,
    (B) Be non-interim at the time each bidder submits its bid, and
    (C) Include an area/species endorsement for any one or more 
reduction endorsement fisheries,
    (ii) Although the Norton Sound fishery is not a reduction 
endorsement fishery, an area/species endorsement for the Norton Sound 
fishery occurring on a crab reduction permit must be surrendered and 
revoked (and all fishing history involving it relinquished) in the same 
manner as all other reduction endorsement fisheries occurring on the 
crab reduction permit;
    (5) Non-crab reduction permit requirements. The non-crab reduction 
permit must in each bid be every license, permit, or other harvesting 
privilege that:
    (i) NMFS issued on the basis of the fishing history of the bidder's 
reduction/history vessel, and
    (ii) For which the bidder was the license holder of record on the 
effective date of this section; and
    (6) Reduction fishing history requirements. Except as otherwise 
provided in paragraph (i) of this section, the reduction fishing history 
in each bid must that of a single reduction/history vessel.
    (i) Exceptions to the reduction fishing interest requirements--(1) 
Lost or destroyed vessel salvaged. When a bidder has salvaged a lost or 
destroyed vessel and has made from the salvaged vessel the documented 
harvest of crab Sec. 679.4(k)(5)(iii)(B)(3) of this chapter requires, 
the crab portion of the reduction fishing history is the salvaged 
vessel's documented harvest of crab; and
    (2) Lost or destroyed vessel not salvaged. When a bidder has not 
salvaged the lost or destroyed vessel but has made from a replacement 
vessel the documented harvest of crab Sec. 679.4(k)(5)(iii)(B)(3) of 
this chapter requires:
    (i) The crab portion of the reduction fishing history is the total 
of the lost or destroyed vessel's documented harvest of crab through the 
date of such vessel's loss or destruction plus the replacement vessel's 
documented harvest of crab after such date, and
    (ii) For the purposes of this program, the lost or destroyed 
vessel's documented harvest of crab merges with, and becomes a part of, 
the replacement vessel's documented harvest of crab; and
    (3) Acquired crab fishing history. When a bidder, in the manner 
Sec. 679.4(k)(5)(iv) of this chapter requires, has made a documented 
harvest of crab from one vessel and has acquired a replacement vessel's 
documented harvest of crab:
    (i) The crab portion of the reduction fishing history is the total 
of the acquired documented harvest of crab through December 31, 1994, 
plus the documented harvest of crab after December 31, 1994, of the 
vessel from which the bidder made the documented crab harvest Sec. 
679.4(k)(5)(iv) of this chapter requires, and
    (ii) [Reserved]
    (iii) For the purposes of this program, the acquired documented 
harvest of crab merges with, and becomes a part of, the non-acquired 
documented harvest of crab.
    (j) Determining value of reduction/history vessels' bid crab--(1) In 
each fishery. NMFS will determine the dollar value of each reduction/
history vessel's bid crab in each reduction endorsement fishery and in 
the Norton Sound Fishery by multiplying each reduction/history vessel's 
number of pounds of each species of bid crab by the average ex-vessel 
price per pound that the State of Alaska annually publishes for each 
crab species in the bid crab; and
    (2) In all fisheries. NMFS will determine the dollar value of each 
reduction/history vessel's bid crab in all reduction endorsement 
fisheries and in the Norton Sound fishery by adding each of the products 
of the multiplications in paragraph (j)(1) of this section; and
    (3) Crab excluded from bid crab. A reduction/history vessel's bid 
crab may not include, to the extent that NMFS has knowledge:

[[Page 158]]

    (i) Triangle tanner crab, grooved tanner crab, and any other crab 
not involved in the various area/species endorsements,
    (ii) Discarded crab,
    (iii) Crab caught for personal use,
    (iv) Unspecified crab, and
    (v) Any other crab for which the dollar value, crab fishery, landing 
date, or harvesting vessel NMFS cannot, for whatever reason, determine.
    (k) Determining bid score. NMFS will determine each bid score by 
dividing each bid amount by the sum in paragraph (j)(2) of this section.
    (l) Determining reduction loan sub-amount--(1) Value of all bid crab 
in each fishery. NMFS will add the dollar value of bid crab of all 
accepted bidders' reduction/history vessels in each reduction 
endorsement fishery;
    (2) Value of all bid crab in all fisheries. NMFS will add the dollar 
value of bid crab of all accepted bidders' reduction/history vessels in 
all reduction endorsement fisheries plus the Norton Sound fishery;
    (3) Each fishery as a percentage of all fisheries. NMFS will divide 
each of the sums in paragraph (l)(1) of this section by the sum in 
paragraph (l)(2) of this section. The result of this calculation will be 
the dollar value of all bid crab in each reduction endorsement fishery 
as a percentage of the dollar value of all bid crab in all reduction 
endorsement fisheries plus the Norton Sound fishery;
    (4) Applying percentages to loan amount. NMFS will multiply the 
reduction loan's full original principal amount by each of the yields in 
paragraph (l)(3) of this section; and
    (5) Loan sub-amount. Each of the amounts resulting from the 
calculation in paragraph (l)(4) of this section will be the reduction 
loan subamount that a reduction endorsement fishery must repay.
    (m) Prospectively qualifying bidder and voter notification--(1) 
General. At the appropriate point before issuing an invitation to bid, 
NMFS will publish a notification in the Federal Register listing all 
persons who at the time of publishing the notification prospectively are 
qualifying bidders and qualifying voters;
    (2) Qualifying bidder list. The prospectively qualifying bidder list 
will include the names and addresses of record of each license holder of 
record for all non-interim crab licenses except only crab licenses whose 
sole area/species endorsement is for the Norton Sound fishery;
    (3) Qualifying voter list. The prospectively qualifying voter list 
will include the names and addresses of record of each license holder of 
record for all non-interim and interim crab licenses except only crab 
licenses whose sole area/species endorsement is for the Norton Sound 
fishery;
    (4) Basis of lists. NMFS will base both the lists on the RAM 
Program's license holder records for crab licenses meeting the 
requirements of Sec. 679.4(k)(5) of this chapter as well as the 
requirements of this section;
    (5) Purpose. The purpose of the notification is to provide the 
public notice of:
    (i) The prospectively qualifying bidders, and
    (ii) The prospectively qualifying voters; and
    (6) Public comment. Any person who wants to comment about the 
notification has 30 days from the notification's publication date to do 
so. Persons should send their comments to both FSD and the RAM Program 
(at addresses that the notification will specify). Comments may address:
    (i) Persons who appear on one or more lists but should not,
    (ii) Persons who do not appear on one or more lists but should, and
    (iii) Persons who believe their names and/or business mailing 
addresses appearing on one or more lists are incorrect.
    (n) Invitation to bid--(1) Notification. At the appropriate point 
after issuing the notification in paragraph (m) of this section, NMFS 
will publish the invitation to bid in the Federal Register notification 
further specified in Sec. 600.1009(c) of this subpart, along with a 
bidding form and terms of capacity reduction agreement. No person may, 
however, bid at this stage;
    (2) Notification contents. The invitation to bid notification will 
state all applicable bid submission requirements

[[Page 159]]

and procedures (including, but not limited to, those included in this 
section). In particular, the invitation to bid notification will:
    (i) State the date on which NMFS will invite bids by mailing an 
invitation to bid to each person on the prospectively qualifying bidder 
list,
    (ii) State a bid opening date, before which a bidder may not bid, 
and a bid closing date, after which a bidder may not bid,
    (iii) State a bid expiration date after which each bid expires 
unless, prior to that date, NMFS accepts the bid by mailing a written 
acceptance notice to the bidder at the bidder's address of record,
    (iv) State the manner of bid submission and the information each 
bidder must submit for NMFS to deem a bid responsive,
    (v) State any other information required for bid submission, and
    (vi) Include a facsimile of the invitation to bid, along with a 
bidding form and terms of capacity reduction agreement comprising the 
entire terms and conditions of the reduction contract under which each 
bidder must bid and under which NMFS must accept a bid; and
    (3) Mailing. On the date specified in this notification, NMFS will 
invite bids by mailing the invitation to bid and a bidding package, 
including a bidding form terms of capacity reduction agreement, to each 
person then on the prospectively qualifying bidder list. NMFS will not 
mail the invitation to bid to any potential co-bidder because NMFS will 
not then know which bids may include a co-bidder. Each qualifying bidder 
is solely responsible to have any required co-bidder properly complete 
the bid. No person may bid before receiving the invitation to bid and 
the bidding package that NMFS mailed to that person.
    (o) Bids--(1) Content. Each invitation to bid that NMFS mails to a 
qualifying bidder will have a bid form requiring each bid to:
    (i) Identify, by name, regular mail address, telephone number, and 
(if available) electronic mail address, the qualifying bidder and each 
co-bidder,
    (ii) State the bid amount in U.S. dollars,
    (iii) Identify, by crab license number, the qualifying bidder's crab 
reduction permit and include an exact copy of this crab license (which 
the RAM Program issued),
    (iv) Identify, by vessel name and official number, the bidder's 
reduction/privilege vessel, and include an exact copy of this vessel's 
official document (which NVDC issued),
    (v) Identify, by license or permit number, each of the bidder's non-
crab reduction permits; and include an exact copy of each of these 
licenses or permits (which the RAM Program issued for licenses or 
permits involving species under the jurisdiction of NMFS' Alaska Region 
and which other NMFS offices issued for licenses or permits involving 
species under those offices' jurisdiction),
    (vi) Identify, separately for crab and for each other species:
    (A) The qualifying bidder's reduction fishing history, and
    (B) The dates that each portion of the reduction fishing history 
encompasses; the name and official number of the reduction/history 
vessel or vessels which gave rise to it; and the dates during which the 
qualifying bidder owned such vessels or, if the qualifying bidder 
acquired any reduction fishing history from another person, the name of 
the person from which the qualifying bidder acquired such reduction 
fishing history and the manner in which and the date on which the 
qualifying bidder did so,
    (vii) State, declare, and affirm that the qualifying bidder holds 
the crab reduction permit and retains the complete reduction fishing 
history, and is fully and legally entitled to offer both in the manner 
this section requires,
    (viii) State, declare, and affirm that either the qualifying bidder 
or the co-bidder owns the reduction/privilege vessel and holds the non-
crab reduction permit and is fully and legally entitled to offer both in 
the manner that this section requires, and
    (ix) Provide any other information or materials that NMFS believes 
is necessary and appropriate; and
    (2) Rejection. NMFS, regardless of bid scores, will reject any bid 
that NMFS

[[Page 160]]

believes is unresponsive to the invitation to bid. All bid rejections 
will constitute final agency action as of the date of rejection. Before 
rejection, NMFS may, however, contact any bidder to attempt to correct a 
bid deficiency if NMFS, in its discretion, believes the attempt 
warranted.
    (p) Acceptance--(1) Reverse auction. NMFS will determine which 
responsive bids NMFS accepts by using a reverse auction in which NMFS 
first accepts the responsive bid with the lowest bid score and 
successively accepts each additional responsive bid with the next lowest 
bid score until either there are no more responsive bids to accept or 
acceptance of the last responsive bid with the next lowest bid score 
would cause the reduction cost to exceed $100 million. If two or more 
responsive bid scores are exactly the same, NMFS will first accept the 
bid that NMFS first received;
    (2) Notification. NMFS will, after the conclusion of a successful 
referendum, notify accepted bidders that NMFS had, before the 
referendum, accepted their bids; and
    (3) Post-acceptance reduction permit transfer. After NMFS has 
accepted bids, neither the RAM Program (nor any other NMFS office) will 
transfer to other persons any reduction permits that accepted bidders 
included in the bids unless and until FSD advises the RAM Program (or 
some other NMFS office) that the resulting reduction contracts are no 
longer in effect because a referendum failed to approve the fee that 
this section requires to repay this program's reduction loan.
    (q) Reduction contracts subject to successful post-bidding 
referendum condition. Although this program involves no fishing capacity 
reduction specifications under this subpart, each bid, each acceptance, 
and each reduction contract is nevertheless subject to the successful 
post-bidding referendum condition that Sec. 600.1009(a)(3) of this 
subpart specifies for bidding results that do not conform to the fishing 
capacity reduction specifications.
    (r) Post-bidding referendum--(1) Purpose. NMFS will conduct a post-
bidding referendum whose sole purpose is to determine whether, based on 
the bidding results, qualifying voters who cast referendum ballots in 
the manner that this section requires authorize the fee required to 
repay this program's reduction loan;
    (2) Manner of conducting. NMFS will mail a referendum ballot to each 
person then on the prospectively qualifying voter list for each crab 
license that the person holds and otherwise conduct the referendum as 
specified in Sec. 600.1010 of this subpart;
    (3) One vote per crab license. Each qualifying voter may cast only 
one vote for each crab license that each qualifying voter holds;
    (4) Crab license numbers on ballots. Each referendum ballot that 
NMFS mails will contain the license number of the prospectively 
qualifying voter's crab license to which the ballot relates;
    (5) Potential reduction results stated. Each referendum ballot that 
NMFS mails will state the aggregate potential reduction results of all 
the bids that NMFS accepted, including:
    (i) The amount of reduction that all accepted bids potentially 
effect, including:
    (A) The number of crab reduction permits, together with each area/
species endorsement for which each of these licenses is endorsed,
    (B) The number of reduction/privilege vessels and reduction/history 
vessels, and
    (C) The aggregate and average dollar value of bid crab (together 
with the number of pounds of bid crab upon which NMFS based the dollar 
value), in each reduction endorsement fishery and in the reduction 
fishery, for all reduction/history vessels during the period for which 
NMFS calculates the dollar value of bid crab,
    (ii) The reduction loan sub-amount that each reduction endorsement 
fishery must repay if a referendum approves the fee, and
    (iii) Any other useful information NMFS may then have about the 
potential sub-fee rate initially necessary in each reduction endorsement 
fishery to repay each reduction loan sub-amount; and
    (6) Notice that condition fulfilled. If the referendum is 
successful, NMFS will notify accepted bidders, in the manner that Sec. 
600.1010(d)(6)(iii) of this subpart specifies, that a successful 
referendum

[[Page 161]]

has fulfilled the reduction contracts' successful post-bidding 
referendum condition specified in paragraph (q) of this section.
    (s) Reduction method. In return for each reduction payment, NMFS 
will permanently:
    (1) Revoke each crab reduction permit;
    (2) Revoke each non-crab reduction permit;
    (3) Revoke each reduction fishing privilege (which revocation will 
run with the reduction/privilege vessel's title in the manner Sec. 
600.1009(a)(5)(ii)(A) of this subpart requires and in accordance with 46 
U.S.C. 12108(d));
    (4) Effect relinquishment of each reduction fishing history for the 
purposes specified in this section by noting in the RAM Program records 
(or such other records as may be appropriate for reduction permits 
issued elsewhere) that the reduction fishing history has been 
relinquished under this section and will never again be available to 
anyone for any fisheries purpose; and
    (5) Otherwise restrict in accordance with this subpart each 
reduction/privilege vessel and fully effect the surrender, revocation, 
restriction, relinquishment, withdrawal, or extinguishment by other 
means of all components of each reduction fishing interest.
    (t) Reduction payment tender and disbursement--(1) Fishing continues 
until tender. Each accepted bidder may continue fishing as it otherwise 
would have absent the program until NMFS, after a successful referendum, 
tenders reduction payment to the accepted bidder;
    (2) Notification to the public. After a successful referendum but 
before tendering reduction payment, NMFS will publish a notification in 
the Federal Register listing all proposed reduction payments and putting 
the public on notice:
    (i) Of the crab reduction permits, the reduction/privilege vessels, 
the reduction fishing histories, and the non-crab reduction permits upon 
whose holding, owning, retaining, or other legal authority 
representations accepted bidders based their bids and NMFS based its 
acceptances, and
    (ii) That NMFS intends, in accordance with the reduction contracts, 
to tender reduction payments in return for the actions specified in 
paragraph (s) of this section;
    (3) Public response. The public has 30 days after the date on which 
NMFS publishes the reduction payment tender notification to advise NMFS 
in writing of any holding, owning, or retaining claims that conflict 
with the representations upon which the accepted bidders based their 
bids and on which NMFS based its acceptances;
    (4) Tender and disbursement parties. NMFS will tender reduction 
payments only to accepted bidders, unless otherwise provided contrary 
written instructions by accepted bidders. Creditors or other parties 
with secured or other interests in reduction/privilege vessels or 
reduction permits are responsible to make their own arrangements with 
accepted bidders;
    (5) Time of tender. At the end of the reduction payment tender 
notification period, NMFS will tender reduction payments to accepted 
bidders, unless NMFS then knows of a material dispute about an accepted 
bidder's authority to enter into the reduction contract with respect to 
any one or more components of the reduction fishing interest that 
warrants, in NMFS' discretion, an alternative course of action;
    (6) Method of tender and disbursement. NMFS will tender reduction 
payment by requesting from each accepted bidder specific, written 
instructions for paying the reduction payments. Upon receipt of these 
payment instructions, NMFS will immediately disburse reduction payments 
in accordance with the payment instructions; and
    (7) Effect of tender. Concurrently with NMFS' tender of reduction 
payment to each accepted bidder:
    (i) All fishing activity for any species anywhere in the world in 
any way associated with each accepted bidder's reduction fishing 
interest must cease,
    (ii) Each accepted bidder must retrieve all fixed fishing gear for 
whose deployment the accepted bidder's reduction/privilege vessel was 
responsible, and
    (iii) NMFS will fully exercise its reduction contract rights with 
respect to the reduction fishing interest by taking the actions 
specified in paragraph (s) of this section.

[[Page 162]]

    (u) Fee payment and collection--(1) Fish sellers who pay the fee. 
Any person who harvests any crab, but whom ADF&G's fisheries reporting 
requirements do not require to record and submit an ADF&G fish ticket 
for that crab, is a fish seller for the purpose of paying any fee on 
that crab and otherwise complying with the requirements of Sec. 
600.1013 of this subpart;
    (2) Fish buyers who collect the fee. Any person whom ADF&G's 
fisheries reporting requirements require to record and submit an ADF&G 
fish ticket for any crab that another person harvested is a fish buyer 
for the purpose of collecting the fee on that crab and otherwise 
complying with the requirements of Sec. 600.1013 of this subpart; and
    (3) Persons who are both fish sellers and fish buyers and both pay 
and collect the fee. Any person who harvests any crab, and whom ADF&G's 
fisheries reporting requirements require to record and submit an ADF&G 
fish ticket for that crab, is both a fish seller and a fish buyer for 
the purpose of paying and collecting the fee on that crab and otherwise 
complying with the requirements of Sec. 600.1013 of this subpart.
    (v) Fishing prohibition and penalties--(1) General. Fishing, for the 
purpose of this section, includes the full range of activities defined 
in the term ``fishing'' in the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801),
    (2) Prohibitions. Concurrently with NMFS' tender of each reduction 
payment, and with the sole exception in paragraph (t)(7)(i) of this 
section, no person whatsoever may, and it is unlawful for any person to:
    (i) Fish with or attempt to fish with, or allow others to fish with 
or attempt to fish with, the reduction/privilege vessel anywhere in the 
world for any species under any conditions and regardless of the 
reduction/privilege vessel's ownership or registry for so long as the 
reduction/privilege vessel exists. This prohibition includes, but is not 
limited to, fishing on the high seas or in the jurisdiction of any 
foreign country (to the extent prohibited by law) while operating under 
U.S. flag,
    (ii) Place or attempt to place, or allow others to place or attempt 
to place, the reduction/privilege vessel under foreign flag or registry,
    (iii) Operate or attempt to operate, or allow others to operate or 
attempt to operate, the reduction/privilege vessel under the authority 
of a foreign country to the extent prohibited by law,
    (iv) Otherwise avoid or attempt to avoid, or allow others to avoid 
or attempt to avoid, the revocation of the reduction fishing privilege 
with respect to any reduction/privilege vessel, and
    (v) Make any claim or attempt to make any claim, or allow others to 
claim or attempt to make any claim, for any present or future limited 
access fishing license or permit in any U.S. fishery (including, but not 
limited to, any quota allocation under any present or future individual 
quota allocation system) based in any way on any portion of a reduction 
fishing interest surrendered, revoked, restricted, relinquished, 
withdrawn, or extinguished by other means under this section; and
    (3) Penalties. The activities that this paragraph prohibits are 
subject to the full penalties provided in Sec. 600.1017 of this 
subpart, and immediate cause for NMFS to take action to, among other 
things:
    (i) At the reduction/privilege vessel owner's expense, seize and 
scrap the reduction/privilege vessel, and
    (ii) Pursue such other remedies and enforce such other penalties as 
may be applicable.
    (w) Program administration--(1) FSD responsibilities. FSD is 
responsible for implementing and administering this program. FSD will:
    (i) Issue all notifications and mailings that this section requires,
    (ii) Prepare and issue the invitation to bid,
    (iii) Receive bids,
    (iv) Reject bids,
    (v) Score bids,
    (vi) Make acceptances,
    (vii) Prepare and issue referendum ballots,
    (viii) Receive referendum ballots,
    (ix) Tally referendum ballots,
    (x) Determine referendum success or failure,
    (xi) Tender and disburse reduction payments,
    (xii) Administer reduction contracts,

[[Page 163]]

    (xiii) Administer fees and reduction loan repayment, and
    (xiv) Discharge all other management and administration functions 
that this section requires;
    (2) RAM Program responsibilities. Upon FSD's advice, the RAM Program 
(for fishing licenses under the jurisdiction of NMFS's Alaska Region) 
and any other appropriate NMFS authority (for fishing licenses under the 
jurisdiction of any other NMFS office) will revoke reduction permits and 
effect the surrender of fishing histories in accordance with this 
section; and
    (3) NVDC and MARAD responsibilities. FSD will advise NVDC, MARAD, 
such other agency or agencies as may be involved, or all of them to 
revoke reduction/privilege vessels' fisheries trade endorsements and 
otherwise restrict reduction/privilege vessels in accordance with this 
section.
    (x) Reduction loan and reduction loan sub-amounts. [Reserved]

[68 FR 69337, Dec. 12, 2003. Redesignated at 69 FR 53362, Sept. 1, 2004]



Sec. 600.1104  Bering Sea and Aleutian Islands (BSAI) crab species fee payment 

and collection system.

    (a) Purpose. As authorized by Public Law 106-554, this section's 
purpose is to:
    (1) In accordance with Sec. 600.1012 of subpart L, establish:
    (i) The borrower's obligation to repay a reduction loan, and
    (ii) The loan's principal amount, interest rate, and repayment term; 
and
    (2) In accordance with Sec. 600.1013 through Sec. 600.1016 of 
subpart L, implement an industry fee system for the reduction fishery.
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 of subpart L and Sec. 600.1103 of this 
subpart expressly apply to this section. The following terms have the 
following meanings for the purpose of this section:
    Crab rationalization crab means the same as in Sec. 680.2 of this 
chapter.
    Crab rationalization fisheries means the same as in Sec. 680.2 of 
this chapter.
    Reduction endorsement fishery means any of the seven fisheries that 
Sec. 679.2 of this chapter formerly (before adoption of part 680 of 
this chapter) defined as crab area/species endorsements, except the 
area/species endorsement for Norton Sound red king. More specifically, 
the reduction endorsement fisheries, and the crab rationalization 
fisheries which (after adoption of part 680 of this chapter) correspond 
to the reduction endorsement fisheries, are:
    (1) Bristol Bay red king (the corresponding crab rationalization 
fishery is Bristol Bay red king crab),
    (2) Bering Sea and Aleutian Islands Area C. opilio and C. bairdi 
(the corresponding crab rationalization fisheries are two separate 
fisheries, one for Bering Sea snow crab and another for Bering Sea 
Tanner crab),
    (3) Aleutian Islands brown king (the corresponding crab 
rationalization fisheries are the two separate fisheries, one for 
Eastern Aleutian Islands golden king crab and another for Western 
Aleutian Islands golden king crab),
    (4) Aleutian Islands red king (the corresponding crab 
rationalization fishery is Western Aleutian Islands red king crab),
    (5) Pribilof red king and Pribilof blue king (the corresponding crab 
rationalization fishery is Pribilof red king and blue king crab), and
    (6) St. Matthew blue king (the corresponding crab rationalization 
fishery is also St. Matthew blue king crab).
    Reduction fishery means the fishery for all crab rationalization 
crab, excluding CDQ allocations, in all crab rationalization fisheries.
    Sub-amount means the portion of the reduction loan amount for whose 
repayment the borrower in each reduction endorsement fishery is 
obligated.
    (c) Reduction loan amount. The reduction loan's original principal 
amount is $97,399,357.11.
    (d) Sub-amounts. The sub-amounts are:
    (1) For Bristol Bay red king, $17,129,957.23;
    (2) For Bering Sea and Aleutian Islands Area C. opilio and C. 
bairdi, $66,410,767.20;
    (3) For Aleutian Islands brown king, $6,380,837.19;
    (4) For Aleutian Islands red king, $237,588.04;
    (5) For Pribilof red king and Pribilof blue king, $1,571,216.35; and

[[Page 164]]

    (6) For St. Matthew blue king, $5,668,991.10.
    (e) Interest accrual from inception. Interest began accruing on each 
portion of the reduction loan amount on and from the date on which NMFS 
disbursed each such portion.
    (f) Interest rate. The reduction loan's interest rate shall be the 
applicable rate which the U.S. Treasury determines at the end of fiscal 
year 2005 plus 2 percent.
    (g) Repayment term. For the purpose of determining fee rates, the 
reduction loan's repayment term is 30 years from January 19, 2005, but 
each fee shall continue indefinitely for as long as necessary to fully 
repay each subamount.
    (h) Reduction loan repayment. (1) The borrower shall, in accordance 
with Sec. 600.1012, repay the reduction loan;
    (2) Fish sellers in each reduction endorsement fishery shall, in 
accordance with Sec. 600.1013, pay the fee at the rate applicable to 
each such fishery's subamount;
    (3) Fish buyers in each reduction endorsement fishery shall, in 
accordance with Sec. 600.1013, collect the fee at the rate applicable 
to each such fishery;
    (4) Fish buyers in each reduction endorsement fishery shall in 
accordance with Sec. 600.1014, deposit and disburse, as well as keep 
records for and submit reports about, the fees applicable to each such 
fishery; except the requirements specified under paragraph (c) of this 
section concerning the deposit principal disbursement shall be made to 
NMFS not later than the 7th calendar day of each month; and the 
requirements specified under paragraph (e) of this section concerning 
annual reports which shall be submitted to NMFS by July 1 of each 
calendar year; and,
    (5) The reduction loan is, in all other respects, subject to the 
provisions of Sec. 600.1012 through Sec. 600.1017.

[70 FR 54656, Sept. 16, 2005, as amended at 71 FR 27210, May 10, 2006]



Sec. 600.1105  Longline catcher processor subsector of the Bering Sea and 

Aleutian Islands (BSAI) non-pollock groundfish fishery program.

    (a) Purpose. This section implements the capacity reduction program 
that Title II, Section 219(e) of Public Law 108-447 enacted for the 
longline catcher processor subsector of the Bering Sea and Aleutian 
Islands (BSAI) non-pollock groundfish fishery.
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 of subpart L of this part expressly apply to 
this section. The following terms have the following meanings for the 
purpose of this section:
    Act means Title II, Section 219 of Public Law 108-447.
    AI means the Aleutian Islands.
    Application Form means the form published on the FLCC's website that 
sets forth whether the qualifying LLP License is a Latent License and 
identifies the individual(s) authorized to execute and deliver Offers 
and Offer Ranking Ballots on behalf of the Subsector Member.
    Auditor means Jack V. Tagart, Ph.D., d.b.a. Tagart Consulting.
    Authorized Party means the individuals authorized by Subsector 
Members on the application form to execute and submit Offers, Rankings, 
protests and other documents and/or notices on behalf of Subsector 
Member.
    Ballot means the form found on the auditor's website used to cast a 
vote in favor of, or in opposition to, the currently Selected Offers.
    BS means the Bering Sea.
    BSAI means the Bering Sea and the Aleutian Islands.
    BSAI Pacific Cod ITAC means the Total Allowable Catch for Pacific 
cod after the subtraction of the 7.5 percent Community Development 
Program reserve.
    Capacity Reduction Agreement or Reduction Agreement means an 
agreement entered into by the Subsector Members and the FLCC under which 
the FLCC is permitted to develop and submit a Capacity Reduction Plan to 
the Secretary.
    Certificate of Documentation (COD) means a document issued by the 
U.S. Coast Guard's National Documentation Center that registers the 
vessel with the United States Government.
    Closing Vote means a vote held pursuant to paragraph (d)(7) of this 
section, after two-thirds (\2/3\) or more of the Nonoffering Subsector 
Members submit Ranking Forms electing to accept the

[[Page 165]]

Selected Offerors and close the Selection Process, and there are no 
unresolved Protests or Arbitrations.
    Current Offer means an Offer submitted by a Subsector Member to the 
Auditor during any Submission Period and, with regard to such Offer, 
Offeror has not become a Rejected Offeror. The term ``Current Offer'' 
includes Selected Offers.
    Current Offeror means an Offering Subsector Member that has 
submitted an Offer to the Auditor during any Submission Period and, with 
regard to such Offer, Offeror has not become a Rejected Offeror. The 
term ``Current Offeror'' includes Selected Offerors.
    Database means the online LLP License database maintained by NMFS as 
downloaded by the Auditor pursuant to paragraph (c)(1) of this section.
    Effective Date means the date the Capacity Reduction Agreement 
becomes effective pursuant to section 4.e of the Capacity Reduction 
Agreement.
    Fishing Capacity Reduction Contract or Reduction Contract means the 
contract that any Current Offeror must sign and agree to abide by if 
NMFS accepts the offer by signing the Reduction Contract.
    FLCC Counsel means Bauer Moynihan & Johnson LLP or other counsel 
representing the FLCC in any review or arbitration under the Capacity 
Reduction Agreement.
    Latent License means an LLP License on which a vessel was not 
designated at the time an Offer is submitted.
    LLP License means a Federal License Limitation Program groundfish 
license issued pursuant to Sec. 679.4(k) of this chapter or successor 
regulation that is noninterim and transferable, or that is interim and 
subsequently becomes noninterim and transferable, and that is endorsed 
for BS or AI catcher processor fishing activity, C/P, Pacific cod and 
hook and line gear.
    Longline Subsector means the longline catcher processor subsector of 
the BSAI non-pollock groundfish fishery as defined in the Act.
    Longline Subsector ITAC means the longline catcher processor 
subsector remainder of the Total Allowable Catch after the subtraction 
of the 7.5 percent Community Development Program reserve.
    Nonoffering Subsector Member shall have the meaning ascribed thereto 
in paragraph (d)(5)(i) of this section.
    Offer Content means all information included in Offers submitted to 
the Auditor pursuant to paragraph (d)(2)(ii) of this section.
    Offer Form means the form found on the Auditor's website used to 
make an offer.
    Offer(s) means a binding offer(s) from a Subsector Member to sell 
its LLP, right to participate in the fisheries, the fishing history 
associated with such LLP, and any vessel set forth on the Offer Form 
submitted by Offeror pursuant to the terms of this Capacity Reduction 
Agreement.
    Opening Date means the first Monday following the Effective Date set 
forth in paragraph (c)(3) of this section.
    Person includes any natural person(s) and any corporation, 
partnership, limited partnership, limited liability company, association 
or any other entity whatsoever, organized under the laws of the United 
States or of a state.
    Prequalification Offer shall have the meaning ascribed thereto in 
paragraph (d)(2)(iii) of this section.
    Ranking Form means the form posted by the Auditor pursuant to 
paragraph (d)(5)(iii) of this section.
    Ranking Period shall have the meaning ascribed thereto in paragraph 
(d)(5)(ii) of this section.
    Reduction Fishery means the BSAI non-pollock groundfish fishery.
    Reduction Fishing Interests shall have the meaning ascribed thereto 
in the Fishing Capacity Reduction Contract.
    Reduction Plan means a business plan prepared by the Subsector 
Members in accordance with Section 1 of the Capacity Reduction Agreement 
and forwarded to the Secretary for approval.
    Reduction Privilege Vessel means the vessel listed on the Offeror's 
License Limitation Program license.
    Rejected Offer means an Offer that has been through one or more 
Rankings and is not a Selected Offer following the latest Ranking 
Period, with respect to which the Offering Subsector Member's 
obligations have terminated pursuant to paragraphs (d)(2)(i) and 
(d)(6)(v) of this section.
    Rejected Offeror means a Subsector Member that has submitted an 
Offer

[[Page 166]]

which has been ranked and was not posted as a Selected Offer pursuant to 
paragraph (d)(6)(ii) of this section.
    Restricted Access Management (RAM) means the Restricted Access 
Management Program in the Alaska Region, NMFS, located in Juneau, 
Alaska.
    Secretary means the Secretary of Commerce or a designee.
    Selected Offer shall have the meaning ascribed thereto in paragraph 
(d)(6)(iv) of this section.
    Selected Offeror means a Subsector Member that has submitted an 
Offer which has been ranked and is posted as a Selected Offer pursuant 
to paragraph (d)(6)(ii) of this section.
    Selection Process means the process set forth in paragraph (d) of 
this section for selecting the fishing capacity to be removed by the 
Reduction Plan.
    Submission Period(s) or Submitting Period(s) shall have the meaning 
ascribed thereto in paragraph (d)(3)(ii) of this section.
    Subsector Member(s) means a member(s) of the Longline Subsector.
    Web site means the internet Web site developed and maintained on 
behalf of the FLCC for implementation of the Selection Process described 
herein with a URL address of http://www.freezerlonglinecoop.org.
    (c) Qualification and enrollment of subsector members--(1) 
Distribution. A copy of the Reduction Agreement, Application Form, and 
Reduction Contract shall be mailed to each holder of record of an LLP 
License endorsed for BS or AI catcher processor activity, C/P, Pacific 
cod and hook and line gear, as the Auditor determines from the Database 
downloaded by the Auditor as of January 30, 2006, regardless of whether 
the LLP License is indicated in the Database as noninterim and 
transferable or otherwise.
    (2) Application. Any person, regardless of whether having received 
the mailing described in paragraph (c)(1) of this section, may as a 
Subsector Member apply to enroll with the FLCC to participate in the 
Reduction Program, by submitting all of the following documents:
    (i) Fully executed Reduction Agreement;
    (ii) Photocopy of the LLP License(s) evidencing Subsector Member's 
qualification as a member of the Longline Subsector;
    (iii) Unless applying as the holder of a Latent License, a photocopy 
of Federal Fisheries Permit for the vessel(s) designated on the LLP 
License(s) on the date the Reduction Agreement is signed by the 
Subsector Member;
    (iv) Unless applying as the holder of a Latent License, a photocopy 
of the Certificate of Documentation (COD) for the vessel(s) designated 
on the LLP License(s) on the date the Reduction Agreement is signed by 
the Subsector Member; and
    (v) An executed Application Form which sets forth whether the 
qualifying LLP License is a Latent License and identifies the 
individual(s) authorized to execute and deliver Offers and Offer Ranking 
Ballots on behalf of the Subsector Member.
    (3) Examination by Auditor--(i) In general. Each application must be 
submitted to the Auditor who will examine applications for completeness 
and inconsistencies, whether on the face of the documents or with the 
Database. Any application which is incomplete or which contains 
inconsistencies shall be invalid. The Auditor shall notify by e-mail or 
mail an applicant of the basis for the Auditor's finding an application 
invalid. An applicant may resubmit a revised application. If the 
application meets all requirements, the Auditor may accept the 
application as valid and enroll the applicant.
    (ii) Interim LLP Licenses. If an LLP License is interim and/or 
nontransferable, the applicant's enrollment shall be accepted as a 
Subsector Member and may fully participate in the Selection Process. 
However, any posting of an Offer submitted with respect to such LLP 
License shall note the status of such LLP License until that Subsector 
Member submits to the Auditor a letter from the RAM confirming that it 
is within the Subsector Member's control to cause the qualifying LLP 
License to be issued as noninterim and transferable upon withdrawal of 
all applicable appeals.
    (4) Enrollment period. Applications that meet all requirements will 
be accepted until the Selection Process is completed.

[[Page 167]]

    (5) Effective date. The Effective Date of any Reduction Agreement 
shall be ten (10) calendar days after written notice is sent by the 
Auditor to each holder of record of an LLP License endorsed for BS or AI 
catcher processor activity, C/P, Pacific cod and hook and line gear (as 
determined by the Auditor from the Auditor's examination of the 
Database) advising that the number of Subsector Members that have 
delivered to the Auditor a complete Application, including a fully 
executed Reduction Agreement, exceeds seventy percent (70 percent) of 
the members of the Longline Subsector (as determined by the Auditor from 
the Auditor's examination of the Database).
    (6) Notice. All notices related to the effective date of the 
Reduction Agreement shall be sent by the Auditor via registered mail.
    (7) Withdrawal. A Subsector Member, unless such Subsector Member is 
a Current Offeror or Selected Offeror, may terminate the Reduction 
Agreement at any time with respect to that Subsector Member by giving 
ten (10) calendar days written notice to the Auditor preferably via e-
mail. Withdrawal of a Subsector Member shall not affect the validity of 
the Reduction Agreement with respect to any other Subsector Members. 
Once effective, the Reduction Agreement shall continue in full force and 
effect regardless of whether subsequent withdrawals reduce the number of 
Subsector Members below that level required to effectuate the Reduction 
Agreement. Attempted withdrawal by a Current Offeror or Selected Offeror 
shall be invalid, and such Offer shall remain a binding, irrevocable 
Offer, unaffected by the attempted withdrawal.
    (d) Selection of fishing capacity to be removed by Reduction Plan. 
The fishing capacity removed by the Reduction Plan will be the Reduction 
Fishing Interests voluntarily offered through the Reduction Plan by 
offering Subsector Members and as selected by the Nonoffering Subsector 
Members, up to an aggregate amount of thirty six million dollars 
($36,000,000) as set forth in this paragraph (d).
    (1) Overview. The Selection Process will begin upon the Effective 
Date of the Reduction Agreement. The Selection Process will alternate on 
a weekly basis between:
    (i) Submitting Periods, during which individual Subsector Members 
may submit Offers of fishing capacity they wish to include in the 
Reduction Plan; and
    (ii) Ranking Periods, during which Nonoffering Subsector Members 
will rank the submitted Offers.
    (2) Offers--(i) Binding agreement. An Offer from a Subsector Member 
shall be a binding, irrevocable offer from a Subsector Member to 
relinquish to NMFS the Reduction Fishing Interests for the price set 
forth on the Offer contingent on such Offer being a Selected Offer at 
the closing of the Selection Process. Once submitted, an Offer may not 
be revoked or withdrawn while that Offer is a Current Offer or Selected 
Offer. An Offer that is submitted by a Subsector Member, but is not a 
Selected Offer during the subsequent Ranking Period, shall be deemed to 
be terminated and the Subsector Member shall have no further obligation 
with respect to performance of that Offer.
    (ii) Offer content. All Offers submitted to the Auditor shall 
include the following information: LLP License number; LLP License 
number(s) of any linked crab LLP Licenses; license MLOA (MLOA--maximum 
length overall of a vessel is defined at Sec. 679.2 of this chapter); 
the license area, gear and species endorsements; a summary of the 
Pacific cod catch history for the calendar years 1995-2004; and the 
offered price. The Offer shall also state whether a vessel is currently 
designated on the LLP License and as such will be withdrawn from all 
fisheries if the Offer is selected for reduction in the Reduction Plan. 
If so, the Offer shall identify such vessel by name, official number, 
and current owner. In addition, the Offer shall provide a summary of the 
Pacific cod catch history for the calendar years 1995-2004 of the vessel 
to be retired from the fisheries. All summary catch histories included 
in Offers shall be calculated utilizing both the weekly production 
report and best blend methodology and shall separately state for each 
methodology the Pacific cod catch in metric tons and as a percentage of 
the overall catch for

[[Page 168]]

the longline catcher processor subsector on an annual basis for each of 
the required years. If the vessel stated to be withdrawn from the 
fisheries is not owned by the LLP License owner of record, the Offer 
shall be countersigned by the owner of record of the vessel. An Offer 
offering a Latent License shall state on the Offer Form that the offered 
LLP License is a Latent License. The Offer Form shall also include a 
comment section for any additional information that Offerors wish to 
provide to the Subsector Members concerning the Offer.
    (iii) Prequalification of offers. A Subsector Member may submit a 
Prequalification Offer to the Auditor at any time prior to the Opening 
Date. A Prequalification Offer shall contain all elements of an Offer, 
except that a price need not be provided. The Auditor shall notify the 
Subsector Member submitting a Prequalification Offer as to any 
deficiencies as soon as practicable. All details of a Prequalification 
Offer shall be kept confidential by the Auditor.
    (3) Submitting an offer--(i) Offer submission. Commencing on the 
first Tuesday following the Opening Date and during all Submission 
Periods until the Selection Process is closed, any Subsector Member may 
submit an Offer. All Offers are to be on the applicable form provided on 
the FLCC website, executed by an Authorized Party and submitted to the 
Auditor by facsimile. Any Subsector Member may submit an Offer during 
any Submission Period, even if that Subsector Member has not submitted 
an Offer in any previous Submission Period. If a Subsector Member holds 
more than one LLP License, such Subsector Member may, but is not 
required to, submit an Offer for each LLP License held during a 
Submission Period.
    (ii) Submission periods. The initial Submission Period shall 
commence at 9 a.m. (Pacific time) on the Tuesday following the Opening 
Date and end at 5 p.m. (Pacific time) on the Friday of that week. 
Subsequent Submission Periods shall commence at 9 a.m. (Pacific time) on 
the first Tuesday following the preceding Ranking Period and end at 5 
p.m. (Pacific time) on the Friday of that week. All times set forth in 
the Reduction Agreement and used in the Offer process shall be the time 
kept in the Pacific time zone as calculated by the National Institute of 
Standards and Technology.
    (iii) Validity of offer. The Auditor shall examine each Offer for 
consistency with the Database and information contained in the 
enrollment documents. If there is an inconsistency in the information 
contained in the Offer, any of the elements required of an Offer 
pursuant to paragraph (d)(2)(ii) of this section are missing, or the 
Auditor does not receive the original Offer Form before the Offers are 
to be posted pursuant to paragraph (d)(4) of this section, the Auditor 
shall notify the offering Subsector Member by e-mail or mail that the 
Offer is nonconforming as soon as practicable after discovering the 
basis of invalidity. The Subsector Member may submit a revised, 
conforming Offer prior to the close of that Submission Period or, in any 
subsequent Submission Period. Only one Offer may be submitted with 
respect to an LLP License during a Submission Period. In the event a 
Subsector Member submits more than one Offer with respect to an LLP 
License during a Submission Period, the first conforming Offer received 
by the Auditor shall be binding and irrevocable and any subsequent 
Offers shall be deemed invalid.
    (iv) Warranty. By submitting an Offer, the Offering Subsector 
Member, warrants and represents that the Offering Subsector Member has 
read and understands the terms of the Reduction Agreement, the Offer, 
and the Reduction Contract and has had the opportunity to seek 
independent legal counsel regarding such documents and/or agreements and 
the consequences of submitting an Offer.
    (4) Posting offers--(i) Current offers. For each Offer received 
during a Submission Period, the Auditor shall post on the Website no 
later than 5 p.m. (Pacific time) on the following Tuesday all of the 
details of such Offer as set forth on the Offer Form. In addition, the 
Auditor shall post, as available to Auditor, a summary by year of up to 
ten (10) years catch history during the period 1995-2004 in total round 
weight equivalents and percentage of Longline

[[Page 169]]

Subsector ITAC harvested for any vessel that is included in the Offer. 
Subsector Member (or vessel owner, if other than the Subsector Member) 
expressly authorizes Auditor to release the catch history summary 
information previously prepared for that Subsector Member or vessel 
owner by the Auditor as part of the analysis of FLCC's membership's 
catch history previously conducted by the Auditor on behalf of the FLCC.
    (ii) Posting order. Offers shall be posted on the Website by the 
Auditor in alphabetical order of the Offering Subsector Member's name.
    (iii) Questions as to offer. The Auditor shall respond to no 
questions from Subsector Member regarding Offers except to confirm that 
the posting accurately reflects the details of the Offer. If an Offering 
Subsector Member notices an error in an Offer posting on the Website, 
such Subsector Member shall notify the Auditor as soon as practicable. 
The Auditor shall review such notice, the posting and the original 
Offer. If an error was made in posting the Auditor shall correct the 
posting as soon as practicable and notify the Subsector Members via e-
mail or mail of the correction. In the event such an error is not 
discovered prior to Ranking, an Offering Subsector Member shall be bound 
to the terms of the submitted Offer, not the terms of the posted Offer.
    (iv) Archive. The Auditor shall maintain on the Website an archive 
of prior Offers posted, which shall be available for review by all 
Subsector Members.
    (5) Ranking--(i) Eligibility. Each Subsector Member that has not 
submitted an Offer during the preceding Submission Period, or whose 
vessel is not included as a withdrawing vessel in an Offer during the 
preceding Submission Period (i.e., a Nonoffering Subsector Member), may 
submit to the Auditor a Ranking Form during a Ranking Period. With 
respect to Ranking, a Subsector Member that holds more than one LLP 
License may participate in the Ranking process for each LLP License not 
included in an Offer.
    (ii) Ranking period. The initial Ranking Period shall commence 
immediately after the Offers from the preceding Submission Period have 
been posted and end at 5 p.m. (Pacific time) on the Friday of that week. 
Subsequent Ranking Periods shall commence immediately after the Offers 
from the preceding Submission Period have been posted and end at 5 p.m. 
(Pacific time) on the Friday of that week.
    (iii) Ranking form. Prior to each Ranking Period, the Auditor will 
post a Ranking Form on the Website in ``pdf'' file format. Each eligible 
Subsector Member wishing to rank the current Offers shall rank the 
Offers on the Ranking Form numerically in the Subsector Member's 
preferred order of purchase. The Offer that Subsector Member would most 
like to have accepted should be ranked number one (1), and subsequent 
Offers ranked sequentially until the Offer that the Subsector Member 
would least like to see accepted is ranked with the highest numerical 
score. A Subsector Member wishing to call for a Closing Vote shall, in 
lieu of ranking the Current Offers, mark the Ranking Form to accept the 
Selected Offers selected during the prior Ranking Period and close the 
Selection Process. To be valid, the Ranking Form must rank each Current 
Offer listed on the Ranking Form or, if applicable, be marked to call 
for a Closing Vote. Ranking Forms shall be submitted by sending a 
completed Ranking Form, signed by an Authorized Party, to the Auditor by 
facsimile or mail prior to the end of the Ranking Period. A Subsector 
Member is not required to rank the Offers during a Ranking Period or 
call for a Closing Vote.
    (iv) Validity of subsector member ranking. The Auditor shall examine 
each Ranking Form for completeness, whether the form either ranks the 
Offers or calls for a Closing Vote (but not both), and authorized 
signature. Any incomplete or otherwise noncompliant Ranking Form(s) 
shall be invalid, and shall not be included in the Rankings of the 
Current Offers. The Auditor shall notify the Subsector Member of the 
reason for declaring any Ranking Form invalid as soon as practicable. A 
Subsector Member may cure the submission of an invalid Ranking Form by 
submitting a complying Ranking Form if accomplished before the end of 
the applicable Ranking Period.

[[Page 170]]

    (6) Ranking results--(i) Compiling the rankings. Unless two-thirds 
(\2/3\) of the Nonoffering Subsector Members have called for a Closing 
Vote, the Auditor shall compile the results of the Ranking Forms by 
assigning one point for each position on a Ranking Form. That is, the 
Offer ranked number one (1) on a Ranking Form shall be awarded one (1) 
point, the Offer ranked two (2) shall receive two (2) points, and 
continuing on in this manner until all Offers have been assigned points 
correlating to its ranking on each valid Ranking Form. The Offer with 
the least number of total points assigned shall be the highest ranked 
Offer, and the Offer with the greatest total points assigned shall be 
the lowest ranked Offer.
    (ii) Posting rankings. The Auditor shall post the results of the 
compilation of the Ranking Forms on the Website in alphabetical order 
based on the Offering Subsector Member's name no later than 5 p.m. 
(Pacific time) on the Monday following the Ranking Period. The Auditor 
shall post the highest consecutive ranking Offers that total thirty six 
million dollars ($36,000,000) or less. Those Offering Subsector Members 
whose Offers are posted shall be deemed Selected Offerors and their 
Offers shall be deemed Selected Offers. Those Offering Subsector Members 
whose Offers are not posted shall be deemed Rejected Offerors.
    (iii) Selected offer information or confidentiality. The Auditor 
shall post the name of the Offering Subsector Member, the amount of the 
Offer, and a summary of the total number of Ranking Forms received and 
the number of such forms on which the Members called for a Closing Vote. 
Other than the foregoing, the Auditor shall not post any details of the 
compilation of the Ranking Forms.
    (iv) Selected offerors. Selected Offerors may not withdraw their 
Offers unless in subsequent rankings their Offers no longer are within 
the highest ranking Offers and they become Rejected Offerors. A Selected 
Offeror may, however, modify a Selected Offer solely to the extent such 
modification consists of a reduction in the Offer price. A Selected 
Offeror may submit a modified Offer to the Auditor during the next 
Offering Period as set forth in paragraph (d)(3) of this section. Unless 
a Selected Offeror becomes a Rejected Offeror in a subsequent Ranking, a 
Selected Offeror shall be bound by the terms of the lowest Selected 
Offer submitted as if such modified Offer had been the original Selected 
Offer. In the event a Selected Offeror submits a modified Offer and such 
Offer is not ranked because sufficient votes are received to call for a 
Closing Vote, the previously Selected Offer shall remain the Selected 
Offer.
    (v) Rejected offerors. The Offer of a Rejected Offeror is terminated 
and the Rejected Offeror is no longer bound by the terms of its Offer. A 
Rejected Offeror may, at its sole discretion, resubmit the same Offer, 
submit a revised Offer, or elect not to submit an Offer during any 
subsequent Submission Period until the Selection Process is closed.
    (vi) Ties. In the event there is a tie with respect to Offers which 
results in the tied Offers exceeding thirty-six million dollars 
($36,000,000), the tied Offers and all Offers ranked lower than the tied 
Offers shall be deemed to be rejected and the Rejected Offerors may, at 
their option, submit an Offer in a subsequent Submission Period.
    (vii) Archive. Auditor shall maintain on the Website an archive of 
prior Offer Rankings as posted over the course of the Selection Process, 
which shall be available for Subsector Member review.
    (7) Closing. The Selection Process will close when two-thirds (\2/
3\) or more of the Nonoffering Subsector Members of the Longline 
Subsector, as determined by the Auditor, affirmatively vote to accept 
the Selected Offerors selected during the prior Ranking Period as part 
of the Reduction Plan to be submitted to the Secretary.
    (i) Call for vote. A Closing Vote will be held when: at least two-
thirds (\2/3\) of the Nonoffering Subsector Members submit Ranking Forms 
electing to accept the Selected Offerors and close the Selection Process 
in lieu of Ranking the current Offers; and there are no unresolved 
Protests or Arbitrations. The Auditor shall notify all Subsector Members 
by e-mail or mail and posting a notice on the Website as soon as 
practicable that a Closing Vote is to be held. Such notice shall state 
the starting and ending dates and times of the

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voting period, which shall be not less than three (3) nor more than 
seven (7) calendar days from the date of such notice. A voting period 
shall commence at 9 a.m. (Pacific time) on Monday and end at 5 p.m. on 
the Friday of that week.
    (ii) Voting. No less than three (3) calendar days prior to the 
voting period, the Auditor will post a Closing Ballot on the Website in 
``pdf'' file format. Each eligible Nonoffering Subsector Member wishing 
to vote shall print out the Closing Ballot, and, with respect to each of 
the currently Selected Offers on the Closing Ballot, vote either in 
favor of or opposed to accepting that Selected Offer and submit a 
completed and signed Closing Ballot to the Auditor preferably by 
facsimile prior to the end of the Voting Period.
    (iii) Ballot verification. The Auditor shall examine each submitted 
Closing Ballot for completeness and authorized signature. Any incomplete 
Closing Ballot shall be void, and shall not be included in the voting 
results. The Auditor shall not notify the Subsector Member of an invalid 
Closing Ballot.
    (iv) Voting results. The Auditor shall post the results of the Vote 
as soon as practicable after voting closes. Each Offer on the Closing 
Ballot that receives votes approving acceptance of such Offer from two-
thirds (\2/3\) or more of the total number of Nonoffering Subsector 
Members shall be a Selected Offeror and shall be the basis for the 
Reduction Plan submitted to NMFS. Any Offer on the Closing Ballot that 
does not receive such two-thirds (\2/3\) approval shall be rejected and 
shall not be included among the Offers included among the Reduction Plan 
submitted to NMFS.
    (v) Notification to NMFS. Upon closing of the Selection Process, 
FLCC shall notify NMFS in writing of the identities of the Selected 
Offerors and provide to NMFS a completed and fully executed original 
Reduction Agreement from each of the Selected Offerors and a certified 
copy of the fully executed Reduction Agreement and Reduction Contract.
    (e) Submission of reduction plan, including repayment. Upon 
completion of the offering process, the FLCC on behalf of the Subsector 
Members shall submit to NMFS the Reduction Plan which shall include the 
provisions set forth in this paragraph (e).
    (1) Capacity reduction. The Reduction Plan shall identify as the 
proposed capacity reduction, without auction process, the LLP Licenses 
as well as the vessels and the catch histories related to the LLP 
Licenses, linked crab LLP Licenses, and any other fishing rights or 
other interests associated with the LLP Licenses and vessels included in 
the Selected Offers. The aggregate of all Reduction Agreements and 
Reduction Contracts signed by Subsector Members whose offers to 
participate in this buyback were accepted by votes of the Subsector 
Members, will together with the FLCC's supporting documents and 
rationale for recognizing that these offers represent the expenditure of 
the least money for the greatest capacity reduction, constitute the 
Reduction Plan to be submitted to NMFS for approval on behalf of the 
Secretary of Commerce.
    (2) Loan repayment--(i) Term. As authorized by Section 219(B)(2) of 
the Act, the capacity reduction loan (the ``Reduction Loan'') shall be 
amortized over a thirty (30) year term. The Reduction Loan's original 
principal amount may not exceed thirty-six million dollars 
($36,000,000), but may be less if the reduction cost is less. Subsector 
Members acknowledge that in the event payments made under the Reduction 
Plan are insufficient to repay the actual loan, the term of repayment 
shall be extended by NMFS until the loan is paid in full.
    (ii) Interest. The Reduction Loan's interest rate will be the U.S. 
Treasury's cost of borrowing equivalent maturity funds plus 2 percent. 
NMFS will determine the Reduction Loan's initial interest rate when NMFS 
borrows from the U.S. Treasury the funds with which to disburse 
reduction payments. The initial interest rate will change to a final 
interest rate at the end of the Federal fiscal year in which NMFS 
borrows the funds from the U.S. Treasury. The final interest rate will 
be 2 percent plus a weighted average, throughout that fiscal year, of 
the U.S. Treasury's cost of borrowing equivalent maturity funds. The 
final interest rate will be

[[Page 172]]

fixed, and will not vary over the remainder of the reduction loan's 30-
year term. The Reduction loan will be subject to a level debt 
amortization. There is no prepayment penalty.
    (iii) Fees. The Reduction Loan shall be repaid by fees collected 
from the Longline Subsector. The fee amount will be based upon: The 
principal and interest due over the next twelve months divided by the 
product of the Hook & Line, Catcher Processor (Longline Subsector; 
sometimes referred to as the ``H&LCP Subsector'') portion of the BSAI 
Pacific cod ITAC (in metric tons) set by the North Pacific Fishery 
Management Council (NPFMC) in December of each year multiplied by 2,205 
(i.e., the number of pounds in a metric ton). In the event that the 
Longline Subsector portion for the ensuing year is not available, the 
Longline Subsector portion forecast from the preceding year will be used 
to calculate the fee.
    (A) The fee will be expressed in cents per pound rounded up to the 
next one-tenth of a cent. For example: If the principal and interest due 
equal $2,900,000 and the Longline Subsector portion equals 100,000 
metric tons, then the fee per round weight pound of Pacific cod will 
equal 1.4 cents per pound. [2,900,000 /(100,000 x 2,205) = .01315]. The 
fee will be accessed and collected on Pacific cod to the extent possible 
and if not, will be accessed and collected as provided for in this 
paragraph (e).
    (B) Fees must be accessed and collected on Pacific cod used for bait 
or discarded. Although the fee could be up to 5 percent of the ex-vessel 
production value of all post-reduction Longline Subsector landings, the 
fee will be less than 5 percent if NMFS projects that a lesser rate can 
amortize the fishery's reduction loan over the reduction loan's 30-year 
term. In the event that the total principal and interest due exceeds 5 
percent of the ex-vessel Pacific cod revenues, a penny per pound round 
weight fee will be calculated based on the latest available revenue 
records and NMFS conversion factors for pollock, arrowtooth flounder, 
Greenland turbot, skate, yellowfin sole and rock sole.
    (C) The additional fee will be limited to the amount necessary to 
amortize the remaining twelve months principal and interest in addition 
to the 5 percent fee accessed against Pacific cod. The additional fee 
will be a minimum of one cent per pound. In the event that collections 
exceed the total principal and interest needed to amortize the payment 
due, the principal balance of the loan will be reduced. To verify that 
the fees collected do not exceed 5 percent of the fishery revenues, the 
annual total of principal and interest due will be compared to the 
latest available annual Longline Subsector revenues to ensure it is 
equal to or less than 5 percent of the total ex-vessel production 
revenues. In the event that any of the components necessary to calculate 
the next year's fee are not available, or for any other reason NMFS 
believes the calculation must be postponed, the fee will remain at the 
previous year's amount until such a time that new calculations are made 
and communicated to the post reduction fishery participants.
    (D) It is possible that the fishery may not open during some years 
and no Longline Subsector portion of the ITAC is granted. Consequently, 
the fishery will not produce fee revenue with which to service the 
reduction loan during those years. However, interest will continue to 
accrue on the principal balance. When this happens, if the fee rate is 
not already at the maximum 5 percent, NMFS will increase the fisheries' 
fee rate to the maximum 5 percent of the revenues for Pacific cod and 
the species mentioned in paragraph (e)(2)(iii)(B), apply all subsequent 
fee revenue first to the payment of accrued interest, and continue the 
maximum fee rates until all principal and interest payments become 
current. Once all principal and interest payments are current, NMFS will 
make a determination about adjusting the fee rate.
    (iv) Reduction loan. NMFS has promulgated framework regulations 
generally applicable to all fishing capacity reduction programs (Sec. 
600.1000 et seq.). The reduction loan shall be subject to the provisions 
of Sec. 600.1012, except that: the borrower's obligation to repay the 
reduction loan shall be discharged by the owner of the Longline 
Subsector license regardless of which vessel

[[Page 173]]

catches fish under this license and regardless of who processes the fish 
in the reduction fishery in accordance with Sec. 600.1013. Longline 
Subsector license owners in the reduction fishery shall be obligated to 
collect the fee in accordance with Sec. 600.1013.
    (v) Collection. The LLP License holder of the vessel harvesting in 
the post-capacity reduction plan Longline Subsector shall be responsible 
for self-collecting the repayment fees owed by that LLP License holder. 
Fees shall be submitted to NMFS monthly and shall be due no later than 
fifteen (15) calendar days following the end of each calendar month.
    (vi) Record keeping and Reporting. The holder of the LLP License on 
which a vessel harvesting in the post-capacity reduction plan Longline 
Subsector is designated shall be responsible for compliance with the 
applicable record keeping and reporting requirements.
    (3) Agreement with Secretary. Each Selected Offeror, and vessel 
owner if not the Subsector Member, that has submitted a Selected Offer 
shall complete and deliver to the FLCC for inclusion in the Reduction 
Plan submitted to NMFS, designee for the Secretary, a completed and 
fully executed Reduction Contract. Any and all LLP License(s) and or 
vessels set forth on a Selected Offer shall be included as Reduction 
Fishing Interests in such Reduction Contract.
    (f) Decisions of the Auditor and the FLCC. Time is of the essence in 
developing and implementing a Reduction Plan and, accordingly, the 
Offerors shall be limited to, and bound by, the decisions of the Auditor 
and the FLCC.
    (1) The Auditor's examination of submitted applications, Offers, 
Prequalification Offers and Rankings shall be solely ministerial in 
nature. That is, the Auditor will verify whether the documents submitted 
by Subsector Members are, on their face, consistent with each other and 
the Database, in compliance with the requirements set forth in the 
Reduction Agreement, and, signed by an Authorized Party. The Auditor may 
presume the validity of all signatures on documents submitted. The 
Auditor shall not make substantive decisions as to compliance (e.g., 
whether an interim LLP License satisfies the requirements of the Act, or 
whether a discrepancy in the name appearing on LLP Licenses and other 
documents is material).
    (2) [Reserved]
    (g) Enforcement/specific performance. The parties to the Reduction 
Agreement have agreed that the opportunity to develop and submit a 
capacity reduction program for the Longline Subsector under the terms of 
the Act is both unique and finite and that failure of a Selected 
Offeror, and vessel owner, if not a Subsector Member, to perform the 
obligations provided by the Reduction Agreement will result in 
irreparable damage to the FLCC, the Subsector Members and other Selected 
Offerors. Accordingly, the parties to the Reduction Agreement expressly 
acknowledge that money damages are an inadequate means of redress and 
agree that upon the failure of the Selected Offeror, and vessel owner if 
not a Subsector Member, to fulfill its obligations under the Reduction 
Agreement that specific performance of those obligations may be obtained 
by suit in equity brought by the FLCC in any court of competent 
jurisdiction without obligation to arbitrate such action.
    (h) Miscellaneous--(1) Time/Holidays. All times related to the 
Selection Process shall be the time kept in the Pacific time zone as 
calculated by the National Institute of Standards and Technology. In the 
event that any date occurring within the Selection Process is a Federal 
holiday, the date shall roll over to the next occurring business day.
    (2) Termination. The Reduction Agreement shall automatically 
terminate if no vote of acceptance is completed by December 31, 2007. 
The Reduction Agreement may be terminated at any time prior to approval 
of the Reduction Plan by NMFS, on behalf of the Secretary, by written 
notice from 50 percent of Subsector Members.
    (3) Choice of law/venue. The Reduction Agreement shall be construed 
and enforced in accordance with the laws of the State of Washington 
without regard to its choice of law provisions. The parties submit to 
the exclusive personal jurisdiction of the United States District Court 
located in Seattle, Washington, with respect to any

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litigation arising out of or relating to the Reduction Agreement or out 
of the performance of services hereunder.
    (4) Incorporation. All executed counterparts of the Reduction 
Agreement, Application Forms and Offers constitute the agreement between 
the parties with respect to the subject matter of the Reduction 
Agreement and are incorporated into the Reduction Agreement as if fully 
written.
    (5) Counterparts. The Reduction Agreement may be executed in 
multiple counterparts and will be effective as to signatories on the 
Effective Date. The Reduction Agreement may be executed in duplicate 
originals, each of which shall be deemed to be an original instrument. 
All such counterparts and duplicate originals together shall constitute 
the same agreement, whether or not all parties execute each counterpart.
    (i) The facsimile signature of any party to the Reduction Agreement 
shall constitute the duly authorized, irrevocable execution and delivery 
of the Reduction Agreement as fully as if the Reduction Agreement 
contained the original ink signatures of the party or parties supplying 
a facsimile signature.
    (ii) [Reserved]
    (i) Amendment. Subsector Member acknowledges that the Reduction 
Agreement, the Reduction Contract, and the Reduction Plan may be subject 
to amendment to conform to the requirements for approval of the 
Reduction Plan by NMFS on behalf of the Secretary. The Auditor shall 
distribute to each Subsector Member in electronic format the amended 
form of the Reduction Agreement, the Reduction Contract, and the 
Reduction Plan, which amended documents in the form distributed by the 
Auditor and identified by the Auditor by date and version, the version 
of each such document then in effect at the time of any dispute arising 
or action taken shall be deemed binding upon the parties with respect to 
such dispute and/or action.
    (j) Warranties. Subsector Member must expressly warrant and 
represent in the Reduction Agreement that:
    (1) Subsector Member has had an opportunity to consult with 
Subsector Member's attorney or other advisors of Subsector Member with 
respect to the Reduction Agreement, the Reduction Contract, and the Act 
and the ramifications of the ratification of the Reduction Plan 
contemplated therein;
    (2) Subsector Member has full understanding and appreciation of the 
ramifications of executing and delivering the Reduction Agreement and, 
free from coercion of any kind by the FLCC or any of its members, 
officers, agents and/or employees, executes and delivers the Reduction 
Agreement as the free and voluntary act of Subsector Member;
    (3) The execution and delivery of the Reduction Agreement, does not 
and will not conflict with any provisions of the governing documents of 
Subsector Member;
    (4) The person executing the Reduction Agreement has been duly 
authorized by Subsector Member to execute and deliver the Reduction 
Agreement and to undertake and perform the actions contemplated herein; 
and
    (5) Subsector Member has taken all actions necessary for the 
Reduction Agreement to constitute the valid and binding obligation of 
Subsector Member, enforceable in accordance with its terms.
    (k) Approval of the reduction plan. Acceptance of the Offers are at 
the sole discretion of NMFS on behalf of the Secretary of Commerce. To 
be approved by NMFS, on behalf of the Secretary, any Reduction Plan 
developed and submitted in accordance with this section and subpart M to 
this part must be found by the Assistant Administrator of NMFS, to:
    (1) Be consistent with the requirements of Section 219(e) of the FY 
2005 Appropriations Act (Public Law 108-447);
    (2) Be consistent with the requirements of Section 312(b) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1861(a)) except for the requirement that a Council or Governor of a 
State request such a program (as set out in section 312(b)(1)) and for 
the requirements of section 312(b)(4);
    (3) Contain provisions for a fee system that provides for full and 
timely repayment of the capacity reduction loan by the Longline 
Subsector and

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that it provide for the assessment of such fees;
    (4) Not require a bidding or auction process;
    (5) Result in the maximum sustained reduction in fishing capacity at 
the least cost and in the minimum amount of time; and
    (6) Permit vessels in the Longline Subsector to be upgraded to 
achieve efficiencies in fishing operations provided that such upgrades 
do not result in the vessel exceeding the applicable length, tonnage, or 
horsepower limitations set out in Federal law or regulation.
    (l) Referenda. The provisions of Sec. 600.1010 (including 
Sec. Sec. 600.1004(a), 600.1008, 600.1009, 600.1013, 600.1014, and 
600.1017(a)(5), (6) and (7)) shall apply to the Reduction Plan of this 
section to the extent that they do not conflict with this section or 
with subpart M of this part.

Appendix to Sec. 600.1105--Fishing Capacity Reduction Contract: Bering 
      Sea and Aleutian Islands Longline Catcher Processor Subsector

  Fishing Capacity Reduction Contract: Bering Sea and Aleutian Islands 
                  Longline Catcher Processor Subsector

    This agreement, (the ``Reduction Contract'') is entered into by and 
between the party or parties named in section 46 of this contract 
entitled, ``Fishing Capacity Reduction Offer Submission Form and 
Reduction Fishing Interests Identification,'' as the qualifying Offeror 
and as the co-Offeror (if there is a co-Offeror) (collectively the 
``Offeror'') and the United States of America, acting by and through the 
Secretary of Commerce, National Oceanic and Atmospheric Administration, 
National Marine Fisheries Service, Financial Services Division 
(``NMFS''). The Reduction Contract is effective when NMFS signs the 
Reduction Contract and, thereby, accepts the Offeror's offer, subject to 
the condition subsequent of NMFS' formal notification of a successful 
referendum.

                               Witnesseth

    Whereas, Section 219, Title II, Division B of the Consolidated 
Appropriations Act, 2005, as enacted on December 8, 2004, (the ``Act'') 
authorizes a fishing capacity reduction program implementing capacity 
reduction plans submitted to NMFS by catcher processor subsectors of the 
Bering Sea and Aleutian Islands (``BSAI'') non-pollock groundfish 
fishery as set forth in the Act;
    Whereas, the longline catcher processor subsector (the ``Longline 
Subsector'') is among the catcher processor subsectors eligible to 
submit to NMFS a capacity reduction plan under the terms of the Act;
    Whereas, the Freezer Longline Conservation Cooperative (the 
``FLCC'') has developed and is submitting to NMFS concurrently with this 
Reduction Contract a capacity reduction plan for the Longline Subsector 
(the ``Reduction Plan'');
    Whereas, the selection process will be pursuant to the fishing 
capacity Reduction Contract and the Reduction Plan;
    Whereas, the term ``Reduction Fishery'' is defined by the Reduction 
Plan as the longline catcher processor subsector of the BSAI non-pollock 
groundfish fishery;
    Whereas, the Reduction Plan's express objective is to permanently 
reduce harvesting capacity in the Reduction Fishery; Whereas, NMFS 
implements the Reduction Plan pursuant to Section 219 of the Act as well 
as the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1861a(b)-(e))(as excepted by the Act, including inter alia, any 
requirement that the Reduction Plan include a bidding or auction 
process) and other applicable law;
    Whereas, NMFS has promulgated framework regulations generally 
applicable to all fishing capacity reduction programs, portions of which 
are applicable to the Reduction Plan, (50 CFR 600.1000 et seq.);
    Whereas, NMFS can implement the Reduction Plan only after giving 
notice to all members of the Longline Subsector of the Reduction Plan 
pursuant to Section 219(3)(b) of the Act and approval of the Reduction 
Plan by referendum of the Longline Subsector; and
    Whereas, this Reduction Contract is submitted by Offeror and the 
FLCC as an integral element of the Reduction Plan and is expressly 
subject to the terms and conditions set forth herein, the framework 
regulations, the final rule (as used in this contract ``final rule'' 
means the final rule promulgated by NMFS which sets forth the 
regulations implementing the Reduction Plan for the Longline Subsector) 
and applicable law.
    Now therefore, for good and valuable consideration and the premises 
and covenants hereinafter set forth the receipt and sufficiency of which 
the parties to the Reduction Contract hereby acknowledge, and intending 
to be legally bound hereby, the parties hereto agree as follows:
    1. Incorporation of Recitals. The foregoing recitals are true and 
correct and are expressly incorporated herein by this reference.
    2. Further Incorporation. The Act, framework regulations, final rule 
and any other rule promulgated pursuant to the Act are expressly 
incorporated herein by this reference. In the event of conflicting 
language,

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the framework regulations, the final rule and any other rule promulgated 
pursuant to the Act, take precedence over the Reduction Contract.
    3. Contract Form. By completing and submitting the Reduction 
Contract to NMFS the Offeror hereby irrevocably offers to relinquish its 
Reduction Fishing Interests. If NMFS discovers any deficiencies in the 
Offeror's submission to NMFS, NMFS may, at its sole discretion, contact 
the Offeror in an attempt to correct such offer deficiency. ``Reduction 
Fishing Interests'' means all of Offeror(s) rights, title and interest 
to the Groundfish Reduction Permit, Reduction Permit(s), Reduction 
Fishing Privilege and Reduction Fishing History as defined in this 
Reduction Contract.
    4. Groundfish Reduction Permit. Offeror expressly acknowledges that 
it hereby offers to permanently surrender, relinquish, and have NMFS 
permanently revoke the valid non-interim Federal License Limitation 
Program groundfish license issued pursuant to 50 CFR 679.4(k) (or 
successor regulation) endorsed for Bering Sea or Aleutian Islands 
catcher processor fishing activity, C/P, Pacific cod, and hook and line 
gear identified in section 46 of this contract as well as any present or 
future claims of eligibility for any fishery privilege based upon such 
permit, including any Latent License and any offered and accepted 
interim permit that Offeror causes to become a non-interim permit, (the 
``Groundfish Reduction Permit'').
    5. Reduction Permit(s). Offeror hereby acknowledges that it offers 
to permanently surrender, relinquish, and have NMFS permanently revoke 
any and all Federal fishery licenses, fishery permits, and area and 
species endorsements issued for any vessel named on the Groundfish 
Reduction Permit as well as any present or future claims of eligibility 
for any fishery privilege based upon such permit, including any Latent 
License, (the ``Reduction Permits'').
    6. Reduction Privilege Vessel. The Reduction Privilege Vessel is the 
vessel listed on the Offeror's License Limitation Program license.
    7. Reduction Fishing Privilege. If a vessel is specified in section 
46 of this contract (the ``Reduction Privilege Vessel''), Offeror hereby 
acknowledges that Offeror offers to relinquish and surrender the 
Reduction Privilege Vessel's fishing privilege and consents to the 
imposition of Federal vessel documentation restrictions that have the 
effect of permanently revoking the Reduction Privilege Vessel's legal 
ability to fish anywhere in the world as well as its legal ability to 
operate under foreign registry or control--including the Reduction 
Privilege Vessel's: fisheries trade endorsement under the Commercial 
Fishing Industry Vessel Anti-Reflagging Act (46 U.S.C. 12108); 
eligibility for the approval required under section 9(c)(2) of the 
Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)), for the placement of a 
vessel under foreign flag or registry, as well as its operation under 
the authority of a foreign country; and the privilege otherwise to ever 
fish again anywhere in the world (the ``Reduction Fishing Privilege''). 
Offeror agrees to instruct the United States Coast Guard's Vessel 
Documentation Center to remove the fishery endorsement from the 
Reduction Privilege Vessel. If the Reduction Privilege Vessel is not a 
federally documented vessel, the Offeror offers to promptly scrap the 
vessel and allow NMFS whatever access to the scrapping NMFS deems 
reasonably necessary to document and confirm the scrapping.
    8. Reduction Fishing History. Offeror surrenders, relinquishes, and 
consents to NMFS' permanent revocation of the following Reduction 
Fishing History (the ``Reduction Fishing History''):
    a. The Reduction Privilege Vessel's full and complete documented 
harvest of groundfish;
    b. For any documented harvest of the Reduction Privilege Vessel 
whatsoever, including that specified in section 8 of this contract, any 
right or privilege to make any claim in any way related to any fishery 
privilege derived in whole or in part from any such other and documented 
harvest which could ever qualify any party for any future limited access 
system fishing license, permit, and other harvest authorization of any 
kind; including without limitation crab LLP licenses linked to License 
Limitation Program (``LLP'') licenses, state fishing rights appurtenant 
to Reduction Fishing Vessels, and all fishing history associated 
therewith, but without prejudice to any party who before submission of 
this offer may have for value independently acquired the fishing history 
involving any such documented harvest;
    c. Any documented harvest on any other vessel (Reduction Fishing 
Vessel) that gave rise to the Groundfish Reduction Permit; and
    d. All fishing history associated with the latent LLP license 
identified on the Selected Offer and any fishing history associated with 
the fishing vessel that gave rise to the latent LLP license that remains 
in the Offeror's possession as of August 11, 2006 (i.e., date of 
publication of the proposed rule in the Federal Register).
    9. Halibut, Sablefish and Crab IFQs Excluded. Notwithstanding any 
other provision of this Reduction Contract, no right, title and/or 
interest to harvest, process or otherwise utilize individual fishing 
quota (``IFQ'') quota share in the halibut, sablefish and crab fisheries 
pursuant to 50 CFR parts 679 and 680, nor crab LLP license history to 
the extent necessary for the issuance of crab IFQ pursuant to 50 CFR 
part 680 as in effect as of the

[[Page 177]]

date of this Contract, shall be included among Offeror's Reduction 
Fishing Interests.
    10. Representations and Warranties. Offeror represents and warrants 
that, as of the date of submission of this Reduction Contract, Offeror 
is:
    a. The holder of record, according to NMFS' official fishing license 
records, at the time of offer, of the Groundfish Reduction Permit and 
the Reduction Permit(s).
    b. The Reduction Privilege Vessel's owner of record, according to 
the National Vessel Documentation Center's official vessel documentation 
records, at the time of offer, and that the Reduction Privilege Vessel 
is neither lost nor destroyed at the time of offer.
    c. In retention of and fully and legally entitled to offer and 
dispose of hereunder, full and complete rights to the Reduction 
Privilege Vessel's full and complete Reduction Fishing History necessary 
to fully and completely comply with the requirements of section 8 of 
this contract.
    11. Offer Amount. NMFS' payment to Offeror in the exact amount of 
the amount set forth by Offeror in section 46 of this contract is full 
and complete consideration for the Offeror's offer.
    12. Additional Offer Elements. Offeror shall include with its offer 
an exact photocopy of the Reduction Privilege Vessel's official vessel 
documentation or registration (i.e., the certificate of documentation 
the U.S. Coast Guard's National Vessel Documentation Center issued for 
federally documented vessels or the registration a State issues for 
State registered vessels) and an exact photocopy of the Groundfish 
Reduction Permit and all Reduction Permit(s). The Offeror shall also 
include with the offer all other information required in this Reduction 
Contract and otherwise comply with Reduction Contract requirements.
    13. Use of Official Fishing License or Permit Databases. Offeror 
expressly acknowledges that NMFS shall use the appropriate official 
governmental fishing license or permit database to:
    Determine the Offeror's address of record; verify the Offeror's 
qualification to offer; determine the holder of record of the Groundfish 
Reduction Permit and Reduction Permit(s); and verify the Offeror's 
inclusion in the offer of all permits and licenses required to be 
offered in the Offer.
    14. Use of National Vessel Documentation Center Database. Offeror 
expressly acknowledges that NMFS shall use the records of the National 
Vessel Documentation Center to determine the owner of record for a 
federally documented Reduction Privilege Vessel and the appropriate 
State records to determine the owner of record of a non-federally 
documented Reduction Privilege Vessel.
    15. Offeror to Ensure Accurate Records. Offeror shall, to the best 
of its ability, ensure that the records of the databases relevant to 
sections 13 and 14 of this contract are true, accurate, and complete.
    16. Submissions are Irrevocable. The parties hereto expressly 
acknowledge as the essence hereof that the Offeror voluntarily submits 
to NMFS this firm and irrevocable offer. The Offeror expressly 
acknowledges that it hereby waives any privilege or right to withdraw, 
change, modify, alter, rescind, or cancel any portion of the Reduction 
Contract and that the receipt date and time which NMFS marks on the 
Reduction Contract constitutes the date and time of the offer's 
submission.
    17. Offer Rejection. NMFS shall reject an offer that NMFS deems is 
in any way unresponsive or not in conformance with the Reduction 
Contract, and the applicable law or regulations unless the Offeror 
corrects the defect and NMFS, in its sole discretion, accepts the 
correction.
    18. Notarized Offeror Signature(s) Required. NMFS shall deem as non-
responsive and reject an offer whose Offer Submission Form does not 
contain the notarized signatures of all persons required to sign the 
form on behalf of the Offeror.
    19. Offer Rejections Constitute Final Agency Action. NMFS's offer 
rejections are conclusive and constitute final agency action as of the 
rejection date.
    20. Effect of Offer Submission. Submitting an irrevocable offer 
conforming to the requirements stated herein entitles the Offeror to 
have NMFS accept the offer if NMFS, in its sole discretion, deems that 
the offer is fully responsive and complies with the Act, the final rule 
and any other rule promulgated pursuant to the Act.
    21. Offeror Retains Use. After submitting an offer, the Offeror 
shall continue to hold, own, or retain unimpaired every aspect of any 
and all LLP License(s) and or vessels set forth on an Offer included as 
Reduction Fishing Interests, until such time as: NMFS notifies the 
Offeror that the Reduction Plan is not in compliance with the Act or 
other applicable law and will not be approved by NMFS; notifies the 
Offeror that the referendum was unsuccessful; NMFS tenders the reduction 
payment and the Offeror complies with its obligations under the 
Reduction Contract; or NMFS otherwise excuses the Offeror's performance.
    22. Acceptance by Referendum. NMFS shall formally notify the Offeror 
in writing whether the referendum is successful, which written notice 
shall inform Offeror that the condition subsequent has been satisfied. 
Therefore, Offeror expressly acknowledges that all parties must perform 
under the Reduction Contract and the Reduction Contract is enforceable 
against, and binding on, the Reduction Contract parties in accordance 
with the terms and conditions herein.

[[Page 178]]

    23. Reduction Contract Subject to Federal Law. The Reduction 
Contract is subject to Federal law.
    24. Notice to Creditors. Upon NMFS' offer acceptance notice to the 
Offeror, Offeror agrees to notify all parties with secured interests in 
the Reduction Fishing Interests that the Offeror has entered into the 
Reduction Contract.
    25. Referendum. Offeror acknowledges that the outcome of the 
referendum of the Reduction Plan is an occurrence over which NMFS has no 
control.
    26. Unsuccessful Referendum Excuses Performance. An unsuccessful 
referendum excuses all parties hereto from every obligation to perform 
under the Reduction Contract. In such event, NMFS need not tender 
reduction payment and the Offeror need not surrender and relinquish or 
allow the revocation or restriction of any element of the Reduction 
Fishing Interest specified in the Reduction Contract. An unsuccessful 
referendum shall cause the Reduction Contract to have no further force 
or effect.
    27. Offeror Responsibilities upon Successful Referendum. Upon NMFS' 
formal notification to the Offeror that the referendum was successful 
and that NMFS had accepted the Reduction Contract, Offeror shall 
immediately become ready to surrender and relinquish and allow the 
revocation or restriction of (as NMFS deems appropriate) the Reduction 
Fishing Interests.
    28. Written Payment Instructions. After a successful referendum, 
NMFS shall tender reduction payment by requesting the Offeror to provide 
to NMFS, and the Offeror shall subsequently so provide, written payment 
instructions for NMFS' disbursement of the reduction payment to the 
Offeror or to the Offeror's order.
    29. Request for Written Payment Instructions Constitutes Tender. 
NMFS' request to the Offeror for written payment instructions 
constitutes reduction payment tender, as specified in 50 CFR 600.1011.
    30. Offeror Responsibilities upon Tender. Upon NMFS' reduction 
payment tender to the Offeror, the Offeror shall immediately surrender 
and relinquish and allow the revocation or restriction of (as NMFS deems 
appropriate) the Reduction Fishing Interests. The Offeror must then 
return the original of its Groundfish Reduction Permit and Reduction 
Permit(s) to NMFS. Concurrently with NMFS' reduction payment tender, the 
Offeror shall forever cease all fishing for any species with the 
Reduction Privilege Vessel and immediately retrieve all fishing gear, 
irrespective of ownership, previously deployed from the Reduction 
Privilege Vessel. Offeror agrees to authorize the United States Coast 
Guard to cancel the fishery endorsement in the Reduction Privilege 
Vessel.
    31. Reduction Privilege Vessel Lacking Federal Documentation. Upon 
NMFS' reduction payment tender to the Offeror, the Offeror shall 
immediately scrap any vessel which the Offeror specified as a Reduction 
Privilege Vessel and which is documented solely under state law or 
otherwise lacks documentation under Federal law. The Offeror shall scrap 
such vessel at the Offeror's expense. The Offeror shall allow NMFS, its 
agents, or its appointees reasonable opportunity to observe and confirm 
such scrapping. The Offeror shall conclude such scrapping within a 
reasonable time.
    32. Future Harvest Privilege and Reduction Fishing History 
Extinguished. Upon NMFS' reduction payment tender to the Offeror, the 
Offeror shall surrender and relinquish and consent to the revocation, 
restriction, withdrawal, invalidation, or extinguishment by other means 
(as NMFS deems appropriate), of any claim in any way related to any 
fishing privilege derived, in whole or in part, from the use or 
holdership of the Groundfish Reduction Permits and the Reduction 
Permit(s), from the use or ownership of the Reduction Privilege Vessel 
(subject to and in accordance with the provisions of section 8 of this 
contract), and from any documented harvest fishing history arising under 
or associated with the same which could ever qualify the Offeror for any 
future limited access fishing license, fishing permit, and other harvest 
authorization of any kind.
    33. Post Tender Use of Federally Documented Reduction Privilege 
Vessel. After NMFS' reduction payment tender to the Offeror, the Offeror 
may continue to use a federally documented Reduction Privilege Vessel 
for any lawful purpose except ``fishing'' as defined under the Magnuson-
Stevens Act and may transfer--subject to all restrictions in the 
Reduction Contract, other applicable regulations, and the applicable 
law--the vessel to a new owner. The Offeror or any subsequent owner 
shall only operate the Reduction Privilege Vessel under the United 
States flag and shall not operate such vessel under the authority of a 
foreign country. In the event the Offeror fails to abide by such 
restrictions, the Offeror expressly acknowledges and hereby agrees to 
allow NMFS to pursue any and all remedies available to it, including, 
but not limited to, recovering the reduction payment and seizing the 
Reduction Privilege Vessel and scrapping it at the Offeror's expense.
    34. NMFS' Actions upon Tender. Contemporaneously with NMFS' 
reduction payment tender to the Offeror, and without regard to the 
Offeror's refusal or failure to perform any of its Reduction Contract 
duties and obligations, NMFS shall: Permanently revoke the Offeror's 
Groundfish Reduction Permit and Reduction Permit(s); notify the National 
Vessel Documentation Center to permanently revoke the Reduction 
Privilege Vessel's fishery trade endorsement; notify the U.S. Maritime 
Administration to make the

[[Page 179]]

Reduction Privilege Vessel permanently ineligible for the approval of 
requests to place the vessel under foreign registry or operate the 
vessel under a foreign country's authority; record in the appropriate 
NMFS records that the Reduction Fishing History represented by any 
documented harvest fishing history accrued on, under, or as a result of 
the operation of the Reduction Privilege Vessel and/or Reduction Fishing 
Vessel (subject to and in accordance with the provisions of section 8 of 
this contract), the Groundfish Reduction Permit, and the Reduction 
Permit(s) which could ever qualify the Offeror for any future limited 
access fishing license, fishing permit, or other harvesting privilege of 
any kind shall never again be available to anyone for any fisheries 
purpose; and implement any other restrictions the applicable law or 
regulations impose.
    35. Material Disputes to be Identified. Members of the public shall, 
up until NMFS receives the Offeror's written payment instructions, be 
able to advise NMFS in writing of any material dispute with regard to 
any aspect of any accepted Reduction Contract. Such a material dispute 
shall neither relieve the Offeror of any Reduction Contract duties or 
obligations nor affect NMFS' right to enforce performance of the 
Reduction Contract terms and conditions.
    36. Reduction Payment Disbursement. Once NMFS receives the Offeror's 
written payment instructions and certification of compliance with the 
Reduction Contract, NMFS shall as soon as practicable disburse the 
reduction payment to the Offeror. Reduction payment disbursement shall 
be in strict accordance with the Offeror's written payment instructions. 
Unless the Offeror's written payment instructions direct NMFS to the 
contrary, NMFS shall disburse the whole of the reduction payment to the 
Offeror. If the qualifying Offeror offers with a co-Offeror, both the 
qualifying Offeror and the co-Offeror must approve and sign the written 
payment instructions.
    37. Reduction Payment Withheld for Scrapping or for Other Reasons. 
In the event that a Reduction Privilege Vessel which is not under 
Federal documentation must be scrapped, NMFS shall withhold from 
reduction payment disbursement an amount sufficient to scrap such 
vessel. NMFS shall withhold such sum until the vessel is completely 
scrapped before disbursing any amount withheld. NMFS may confirm, if 
NMFS so chooses, that the vessel has been scrapped before disbursing any 
amount withheld. If NMFS has reason to believe the Offeror has failed to 
comply with any of the Reduction Contract terms and conditions, NMFS 
shall also withhold reduction payment disbursement until such time as 
the Offeror performs in accordance with the Reduction Contract terms and 
conditions.
    38. Offeror Assistance with Restriction. The Offeror shall, upon 
NMFS' request, furnish such additional documents, undertakings, 
assurances, or take such other actions as may be reasonably required to 
enable NMFS' revocation, restriction, invalidation, withdrawal, or 
extinguishment by other means (as NMFS deems appropriate) of all 
components of the Reduction Contract's Reduction Fishing Interest in 
accordance with the requirements of the Reduction Contract terms and 
conditions, applicable regulations and the applicable law.
    39. Recordation of Restrictions. Upon the Reduction Fishing 
Privilege's revocation, the Offeror shall do everything reasonably 
necessary to ensure that such revocation is recorded on the Reduction 
Privilege Vessel's Federal documentation (which the National Vessel 
Documentation Center maintains in accordance with Federal maritime law 
and regulations) in such manner as is acceptable to NMFS and as shall 
prevent the Reduction Privilege Vessel, regardless of its subsequent 
ownership, from ever again being eligible for a fishery trade 
endorsement or ever again fishing. The term ``fishing'' includes the 
full range of activities defined in the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802).
    40. Reduction Element Omission. In the event NMFS accepts the offer 
and the Offeror has failed, for any reason, to specify in the Reduction 
Contract any Groundfish Reduction Permit, non-Groundfish Reduction 
Permit(s), Reduction Privilege Vessel, Reduction Fishing Vessel, 
Reduction Fishing History, or any other element of the Reduction Fishing 
Interest which the Offeror should under Reduction Contract, applicable 
regulations and the applicable law have specified in Reduction Contract, 
such omitted element shall nevertheless be deemed to be included in the 
Reduction Contract and to be subject to the Reduction Contract's terms 
and conditions; and all Reduction Contract terms and conditions which 
should have applied to such omitted element had it not be omitted shall 
apply as if such element had not been omitted. Upon the Offeror 
discovering any such omission, the Offeror shall immediately and fully 
advise NMFS of such omission. Upon either NMFS or the Offeror 
discovering any such omission, the Offeror shall act in accordance with 
the Reduction Contract, applicable regulations and the applicable law.
    41. Remedy for Breach. Because money damages are not a sufficient 
remedy for the Offeror breaching any one or more of the Reduction 
Contract terms and conditions, the Offeror explicitly agrees to and 
hereby authorizes specific performance of the Reduction Contract, in 
addition to any money damages, as a remedy for such breach. In the event 
of such breach, NMFS shall take any reasonable action, including 
requiring and

[[Page 180]]

enforcing specific performance of the Reduction Contract, NMFS deems 
necessary to carry out the Reduction Contract, applicable regulations 
and the applicable law.
    42. Waiver of Data Confidentiality. The Offeror consents to the 
public release of any information provided in connection with the 
Reduction Contract or pursuant to Reduction Plan requirements, including 
any information provided in the Reduction Contract or by any other means 
associated with, or necessary for evaluation of, the Offeror's Reduction 
Contract if NMFS finds that the release of such information is necessary 
to achieve the Reduction Plan's authorized purpose. The Offeror hereby 
explicitly waives any claim of confidentiality otherwise afforded to 
catch, or harvest data and fishing histories otherwise protected from 
release under the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1881 a(b)) or any other law. In the event of such 
information release, the Offeror hereby forever fully and 
unconditionally releases and holds harmless the United States and its 
officers, agents, employees, representatives, of and from any and all 
claims, demands, debts, damages, duties, causes of action, actions and 
suits whatsoever, in law or equity, on account of any act, failure to 
act or event arising from, out of, or in any way related to, the release 
of any information associated with the Reduction Program.
    43. Oral Agreement Invalid. The Reduction Contract, any addendums to 
section 46 of this contract, and enclosures of photocopies of licenses 
and permits required under section 46 of this contract, contain the 
final terms and conditions of the agreement between the Offeror and NMFS 
and represent the entire and exclusive agreement between them. NMFS and 
the Offeror forever waive all right to sue, or otherwise counterclaim 
against each other, based on any claim of past, present, or future oral 
agreement between them.
    44. Severable Provisions. The Reduction Contract provisions are 
severable; and, in the event that any portion of the Reduction Contract 
is held to be void, invalid, non-binding, or otherwise unenforceable, 
the remaining portion thereof shall remain fully valid, binding, and 
enforceable against the Offeror and NMFS.
    45. Disputes. Any and all disputes involving the Reduction Contract, 
and any other Reduction Plan aspect affecting them shall in all respects 
be governed by the Federal laws of the United States; and the Offeror 
and all other parties claiming under the Offeror irrevocably submit 
themselves to the jurisdiction of the Federal courts of the United 
States and/or to any other Federal administrative body which the 
applicable law authorizes to adjudicate such disputes.
    46. Fishing Capacity Reduction Offer Submission Form and Reduction 
Fishing Interests Identification.
    a. Completion and Submission. The Offeror must fully, faithfully, 
and accurately complete this section 46 of this contract and thereafter 
submit the full and complete Reduction Contract to NMFS in accordance 
with the Reduction Contract. If completing this section requires 
inserting more information than the places provided for the insertion of 
such information allows, the Offeror should attach an addendum to the 
Reduction Contract that: Includes and identifies the additional 
information, states that the addendum is a part of the Reduction Fishing 
Interests Identification portion of the Reduction Contract, states (as a 
means of identifying the Reduction Contract to which the addendum 
relates) the NMFS license number designated on the Reduction Contract's 
Groundfish Reduction Permit, and is signed by all persons who signed the 
Reduction Contract as the Offeror.
    b. Offeror Information.
    (1) Offeror name(s). Insert in the table provided under this section 
46.b(1) of this contract the name(s) of the qualifying Offeror and of 
the co-Offeror (if there is a co-Offeror), and check the appropriate box 
for each name listed.
    Each name the Offeror inserts must be the full and exact legal name 
of record of each person, partnership, corporation or other business 
entity identified on the offer. If any Reduction Fishing Interest 
element is co-owned by more than one person, partnership, corporation or 
other business entity, the Offeror must insert each co-owner's name.
    In each case, the Offeror is the holder of record, at the time of 
Offeror's execution of this Reduction Contract, of the Groundfish 
Reduction Permit and the Reduction Permit(s). A co-Offeror is not 
allowed for either the Groundfish Reduction Permit or the Reduction 
Permit(s). If the Offeror is also the owner of record, at the time of 
offering, of the Reduction Privilege Vessel, the qualifying Offeror is 
the sole Offeror. If, however, the owner of record, at the time of 
execution of this Reduction Contract, of the Reduction Privilege Vessel 
is not exactly the same as the Offeror, then the owner of record is the 
co-Offeror; and the Offeror and the co-Offeror jointly offer together as 
the Offeror.

[[Page 181]]



------------------------------------------------------------------------
 OFFEROR NAME(S)  If Offeror or     Check appropriate box for each name
co-Offeror consists of more than       listed in the adjacent column
 one owner, use one row of this  ---------------------------------------
 column to name each co-Offeror.
  If not, use only one row for                          Co-Offeror  (if
 Offeror and one row for any co-        Offeror              any)
             Offeror
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    (2) Offeror address(s) of record. Insert in the table provided under 
this section 46.b(2) of this contract the Offeror's and the co-Offeror's 
(if there is a co-Offeror) full and exact address(s) of record, and 
check the appropriate box for each address listed.

------------------------------------------------------------------------
 OFFEROR ADDRESS(S)  If Offeror   Check appropriate box for each address
 or co-Offeror consists of more        listed in the adjacent column
 than one owner, use one row of  ---------------------------------------
 this column for address of each
 co-owner. If not, use only one
 row for Offeror and one row for
 any co-Offeror.  Always use the
  same row order as is Offeror                          Co-Offeror  (if
    Name(s) table in section            Offeror              any)
  46.b(1), i.e., address (1) is
for name (1), address (2) is for
  name (2), address (3) is for
         name (3), etc.
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    (3) Offeror business telephone number(s). Insert in the table 
provided under this section 46.b(3) the Offeror's and the co-Offeror's 
(if there is a co-Offeror) full and exact business telephone number(s), 
and check the appropriate box for each number listed.

------------------------------------------------------------------------
   OFFEROR BUSINESS TELEPHONE         Check appropriate box for each
  NUMBER(S)  If Offeror or co-        telephone number listed in the
  Offeror consists of more than               adjacent column
 one owner, use one row of this  ---------------------------------------
 column for the telephone number
  of each co-owner. If not, use
only one row for Offeror and one
 row for any co-Offeror.  Always
  use the same row order as is
Offeror Name(s) table in section        Offeror         Co-Offeror  (if
 46.b(1), i.e., telephone number                             any)
 (1) is for name (1), telephone
   number (2) is for name (2),
telephone number (3) is for name
            (3), etc.
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    (4) Offeror electronic mail address(s) (if available). Insert in the 
table printed under this section 46.b(4) the Offeror's and the co-
Offeror's (if there is a co-Offeror) full and exact electronic mail (e-
mail) address(s), and check the appropriate box for each address.

[[Page 182]]



------------------------------------------------------------------------
  OFFEROR E-MAIL ADDRESS(S)  If    Check appropriate box for each e-mail
 Offeror or co-Offeror consists    address listed in the adjacent column
 of more than one owner, use one ---------------------------------------
  row of this column for the e-
 mail address of each co-owner.
  If not, use only one row for
 Offeror and one row for any co-
Offeror. Always use the same row
   order as is Offeror Name in          Offeror         Co-Offeror  (if
     section 46.b(1) of this                                 any)
  contract, i.e., e-mail (1) is
 for name (1), e-mail (2) is for
name (2), e-mail (3) is for name
            (3), etc
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    c. LLP license number for Groundfish Reduction Permit. Insert in the 
place this section 46.c provides the full and exact license number which 
NMFS designated on the LLP license which the Offeror specifies as the 
Groundfish Reduction Permit. Attach with the Reduction Contract an exact 
photocopy of such license.

------------------------------------------------------------------------
 LLP LICENSE NUMBER(S) AND FISHERY(S) OF Of LLP LICENSE(S) SPECIFIED AS
                     GROUNDFISH REDUCTION PERMIT(S)
-------------------------------------------------------------------------
          License  number(s)                       Fishery(s)
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    d. License number(s) for Reduction Permit(s). Insert in the place 
this section 46.d provides the fishery(s) involved in, and the full and 
exact license number(s) with NMFS designated on the license(s) which the 
Offeror specifies in the Reduction Contract as the Reduction Permit(s). 
Enclose with the Reduction Contract an exact photocopy of each such 
license.

------------------------------------------------------------------------
 LLP LICENSE NUMBER(S) AND FISHERY OF LICENSE(S) SPECIFIED AS REDUCTION
                                 PERMITS
-------------------------------------------------------------------------
          License  number(s)                       Fishery(s)
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------

    e. Reduction Fishing History. For all Reduction Fishing History 
insert in the place provided in the table under this section 46.e the 
chronological and other information with each column heading therein 
requires. The information required does not include any actual landing 
data. Any Offeror whose Groundfish Reduction Permit whose issuance NMFS 
based on the fishing history of a lost or destroyed vessel plus a 
replacement vessel must insert information for both vessels and meet the 
requirements of the framework regulations, final rule and any other 
regulations promulgated pursuant to the Act. Any Offeror whose 
Groundfish Reduction Permit whose issuance NMFS in any part based on 
acquisition of fishing history from another party must insert 
information regarding such catch history.

------------------------------------------------------------------------
                                        FOR EACH FISHING HISTORY IN 2ND
                                                    COLUMN
   NAMES(S) AND                      -----------------------------------
 OFFICIAL NUMBER        FOR EACH                          If Reduction
   OF REDUCTION        REDUCTION       License No. of   Privilege Vessel
 PRIVILEGE VESSEL   PRIVILEGE VESSEL   each Groundfish  acquired fishing
 AND NAME(S) AND     IN 1ST COLUMN    Reduction Permit    history from
     OFFICIAL       PROVIDE FROM TO     and Reduction    another party,
 NUMBER(S) OF ANY     DATE OF EACH        Permit(s)      provide name of
VESSEL FROM WHICH   FISHING HISTORY    associated with  party, manner in
 FISHING HISTORY   OFFEROR POSSESSES     each vessel     which acquired,
   WAS ACQUIRED                           involved          and date
                                                            acquired
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------
(4)
------------------------------------------------------------------------
(5)
------------------------------------------------------------------------


[[Page 183]]

    f. Reduction Privilege Vessel. Insert the full and exact name and 
official number which the National Vessel Documentation Center 
designated for the Reduction Privilege Vessel which the Offeror or the 
co-Offeror (if there is a co-Offeror) specifies in the Reduction 
Contract, and check the box appropriate for the vessel's ownership of 
record.
    Enclose with the Reduction Contract an exact photocopy of such 
vessel's official certificate of documentation.

----------------------------------------------------------------------------------------------------------------
                  REDUCTION PRIVILEGE VESSEL                          Check appropriate ownership box below
----------------------------------------------------------------------------------------------------------------
            Official name                   Official No.                Offeror            Co-Offeror (if any)
----------------------------------------------------------------------------------------------------------------
                                      ........................  .......................  .......................
                                                               -------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------

    g. Offer Amount. Insert in the place this section 46.g provides the 
Offeror's full and exact offer amount, both in words and in numbers.

------------------------------------------------------------------------
                       OFFER AMOUNT [U.S. DOLLARS]
-------------------------------------------------------------------------
                 In words                            In numbers
------------------------------------------------------------------------
 
------------------------------------------------------------------------

    h. Reduction Contract Signature. In compliance with the Reduction 
Contract, applicable regulations and the applicable law, the Offeror 
submits the Reduction Contract as the Offeror's irrevocable offer to 
NMFS for the permanent surrender and relinquishment and revocation, 
restriction, withdrawal, invalidation, or extinguishment by other means 
(as NMFS deems appropriate) of the Groundfish Reduction Permit, any 
Reduction Permit(s), the Reduction Fishing Privilege, and the Reduction 
Fishing History--all as identified in the Reduction Contract or as 
required under applicable regulations, or the applicable law.
    The Offeror expressly acknowledges that NMFS' acceptance of the 
Offeror's offer hereunder and NMFS' tender, following a successful 
referendum, of a reduction payment in the same amount specified in 
section 46.g of this contract (less any sum withheld for scrapping any 
Reduction Privilege Vessel lacking Federal documentation or for any 
other purpose) to the Offeror shall, among other things, render the 
Reduction Privilege Vessel permanently ineligible or any fishing 
worldwide, including, but not limited to, fishing on the high seas or in 
the jurisdiction of any foreign country while operating under United 
States flag, and shall impose or create other legal and contractual 
restrictions, impediments, limitations, obligations, or other provisions 
which restrict, revoke, withdraw, invalidate, or extinguish by other 
means (as NMFS deems appropriate) the complete Reduction Fishing 
Interest and any other fishery privileges or claims associated with the 
Groundfish Reduction Permit, any Reduction Permit(s), the Reduction 
Privilege Vessel, and the Reduction Fishing History--all as more fully 
set forth in the Reduction Contract, applicable regulations, and the 
applicable law.
    By completing and signing the Reduction Contract, the Offeror 
expressly acknowledges that the Offeror has fully and completely read 
the entire Reduction Contract. The Offeror expressly states, declares, 
affirms, attests, warrants, and represents to NMFS that the Offeror is 
fully able to enter into the Reduction Contract and that the Offeror 
legally holds, owns, or retains, and is fully able under the Reduction 
Contract provisions to offer and dispose of, the full Reduction Fishing 
Interest which the Reduction Contract specifies and the applicable 
regulations, and the applicable law requires that any person or entity 
completing the Reduction Contract and/or signing the Reduction Contract 
on behalf of another person or entity, expressly attests, warrants, and 
represents to NMFS that such completing and/or signing person or entity 
has the express and written permission or other grant of authority to 
bind such other person or entity to the Reduction Contract's terms and 
conditions. The Offeror expressly attests, warrants, and represents to 
NMFS that every co-owner of the Offeror necessary to constitute the 
Offeror's full and complete execution of the Reduction Contract has 
signed the Reduction Contract. The Offeror expressly attests, warrants, 
and represents to NMFS that the Offeror: Fully understands the 
consequences of submitting the completed Reduction Contract of which it 
is a party to NMFS; pledges to abide by the terms and conditions of the 
Reduction Contract; and is aware of, understands, and consents to, any 
and all remedies available to NMFS for the Offeror's breach of the 
Reduction Contract or submission of an offer which fails to conform with 
the Reduction Contract, final rule, applicable regulations and the 
applicable law. The Offeror expressly attests, warrants, and represents 
to NMFS that all information which the Offeror inserted in the Reduction 
Contract is true, accurate, complete, and fully in accordance with the 
Reduction Contract, final rule, other applicable regulations and the 
applicable law.

[[Page 184]]

    In witness whereof, the Offeror has, in the place provided below, 
executed the Reduction Contract either as an Offeror offering alone or 
as an Offeror and co-Offeror (if there is a co-Offeror) jointly offering 
together, in accordance with the requirements specified above, and on 
the date written below. The Reduction Contract is effective as of the 
date NMFS accepts the Offeror's offer by signing the Reduction Contract.
    The Offeror and co-Offeror (if there is a co-Offeror) must each sign 
the Reduction Contract exactly as instructed herein. Each co-owner (if 
there is a co-owner) of each Offeror and co-Offeror (if there is a co-
Offeror) must also sign the Reduction Contract exactly as instructed 
herein. A notary public must, for each person or entity signing on 
behalf of the Offeror, complete and sign the acknowledgment and 
certification provision associated with each such person or entity's 
signature.
    I. Offeror and co-Offeror's (if there is a co-Offeror) signature(s) 
and notary's acknowledgment(s) and certification(s).

------------------------------------------------------------------------
  OFFEROR'S SIGNATURE AND NOTARY'S ACKNOWLEDGMENT AND CERTIFICATION  If
  Offeror or co-Offeror consists of more than one owner, use one row of
  column 1 for each co-owner's signature. If not, use only one row for
  Offeror and one row for co-Offeror (if any).  Always use same Offeror
 row order as in Offeror Name in the table under section 46.b(1) of this
contract (i.e., signature (1) is for name (1), signature (2) is for name
                (2) signature (3) is for name (3), etc.)
-------------------------------------------------------------------------
OFFEROR SIGNATURE   Check appropriate column for each   NOTARY SIGNATURE
   (1) Sign. (2)         signature in 1st column         (1) Sign. (2)
    Print: the    ------------------------------------     Print: the
  following: (a)                                         following: (a)
  signer's name,                                       name, (b) signing
   (b) signer's                                          date, (3) date
title (if signing                                          commission
 for corporation                                        expires, and (4)
or other business                                      State and county.
 entity), and (c)                                         Each notary
   signing date                                        signature attests
------------------                                     to the following:
                                                        ``I certify that
                                                         I know or have
                                                          satisfactory
                                                       evidence that the
                                                       person who signed
                                                       in the 1st column
                      Qualifying      Co-Offeror (if    of this same row
                        Offeror            any)        is the person who
                                                        appeared before
                                                          me and: (1)
                                                       acknowledged his/
                                                         her signature;
                                                          (2) on oath,
                                                        stated that he/
                                                            she was
                                                         authorized to
                                                         sign; and (3)
                                                       acknowledged that
                                                         he/she did so
                                                           freely and
                                                         voluntarily.''
                                                      ------------------
 
------------------------------------------------------------------------
(1)
------------------------------------------------------------------------
(2)
------------------------------------------------------------------------
(3)
------------------------------------------------------------------------

    II. United States of America's signature. United States of America, 
Acting by and through the Secretary of Commerce, National Oceanic and 
Atmospheric Administration, National Marine Fisheries Service, Financial 
Services Division.

 Dated:_________________________________________________________________
 By:____________________________________________________________________

Leo C. Erwin, Chief,

Financial Services Division, National Marine Fisheries Service.

[71 FR 57701, Sept. 29, 2006]



Sec. 600.1106  Longline catcher processor subsector Bering Sea and Aleutian 

Islands (BSAI) non-pollock groundfish species fee payment and collection 

system.

    (a) Purpose. As authorized by Public Law 108 447, this section's 
purpose is to:
    (1) In accordance with Sec. 600.1012, establish:
    (i) The borrower's obligation to repay a reduction loan, and
    (ii) The loan's principal amount, interest rate, and repayment term; 
and
    (2) In accordance with Sec. Sec. 600.1013 through 600.1016, 
implement an industry fee system for the reduction fishery.
    (b) Definitions. Unless otherwise defined in this section, the terms 
defined in Sec. 600.1000 and Sec. 600.1105 expressly apply to this 
section. In addition, the following definition applies to this section:
    Reduction fishery means the longline catcher processor subsector of 
the BSAI non-pollock groundfish fishery that Sec. 679.2 of this chapter 
defined as groundfish area/species endorsements.
    (c) Reduction loan amount. The reduction loan's original principal 
amount is $35,000,000.

[[Page 185]]

    (d) Interest accrual from inception. Interest began accruing on the 
reduction loan from May 29, 2007, the date on which NMFS disbursed such 
loan.
    (e) Interest rate. The reduction loan's interest rate shall be the 
applicable rate which the U.S. Treasury determines at the end of fiscal 
year 2007 plus 2 percent.
    (f) Repayment term. For the purpose of determining fee rates, the 
reduction loan's repayment term is 30 years from May 29, 2007, but fees 
shall continue indefinitely for as long as necessary to fully repay the 
loan.
    (g) Reduction loan repayment. (1) The borrower shall, in accordance 
with Sec. 600.1012, repay the reduction loan;
    (2) For the purpose of the fee collection, deposit, disbursement, 
and accounting requirements of this subpart, subsector members are 
deemed to be both the fish buyer and fish seller. In this case, all 
requirements and penalties of Sec. 600.1013 that are applicable to both 
a fish seller and a fish buyer shall equally apply to parties performing 
both functions;
    (3) Subsector members in the reduction fishery shall pay and collect 
the fee amount in accordance with Sec. 600.1105;
    (4) Subsector members in the reduction fishery shall, in accordance 
with Sec. 600.1014, deposit and disburse, as well as keep records for 
and submit reports about, the fees applicable to such fishery; except 
the requirements specified under paragraph (c) of this section 
concerning the deposit principal disbursement shall be made to NMFS no 
later than fifteen (15) calendar days following the end of each calendar 
month; and the requirements specified under paragraph (e) of this 
section concerning annual reports which shall be submitted to NMFS by 
February 1 of each calendar year; and
    (5) The reduction loan is, in all other respects, subject to the 
provisions of Sec. Sec. 600.1012 through 600.1017.

[72 FR 54222, Sept. 24, 2007]



                         Subpart N_Shark Finning

    Source: 67 FR 6200, Feb. 11, 2002, unless otherwise noted. 
Redesignated at 69 FR 53361, Sept. 1, 2004.



Sec. 600.1200  Purpose and scope.

    The regulations in this subpart govern ``shark finning'' (the 
removal of shark fins and discarding of the carcass), the possession of 
shark fins, and the landing into U.S. ports of shark fins without 
corresponding carcasses under the authority of the Magnuson-Stevens Act. 
They implement the Shark Finning Prohibition Act of 2000.



Sec. 600.1201  Relation to other laws.

    (a) The relation of this subpart to other laws is set forth in 
Sec. Sec. 600.514 and 600.705 and in paragraphs (b) and (c) of this 
section.
    (b) Regulations pertaining to shark conservation and management for 
certain shark fisheries are also set forth in this subpart and in parts 
635 (for Federal Atlantic Ocean, Gulf of Mexico, and Caribbean shark 
fisheries), 648 (for spiny dogfish fisheries), and 660 (for fisheries 
off West Coast states and in the western Pacific) of this chapter 
governing those fisheries.
    (c) Nothing in this regulation supercedes more restrictive state 
laws or regulations regarding shark finning in state waters.
    (d) A person who owns or operates a vessel that has been issued an 
Atlantic Federal commercial shark limited access permit or a spiny 
dogfish permit is subject to the reporting and recordkeeping 
requirements found at parts 635 and 648 of this chapter, respectively.



Sec. 600.1202  Definitions.

    (a) In addition to the definitions in the Magnuson-Stevens Act and 
in Sec. 600.10, the terms used in this subpart have the following 
meanings:
    Land or landing means offloading fish, or causing fish to be 
offloaded, from a fishing vessel, either to another vessel or to a 
shoreside location or facility, or arriving in port, or at a dock, 
berth, beach, seawall, or ramp to begin offloading fish.
    Shark finning means taking a shark, removing a fin or fins (whether 
or not including the tail), and returning the remainder of the shark to 
the sea.
    (b) If there is any difference between a definition in this section 
and in Sec. 600.10, the definition in this section is

[[Page 186]]

the operative definition for the purposes of this subpart.



Sec. 600.1203  Prohibitions.

    (a) In addition to the prohibitions in Sec. Sec. 600.505 and 
600.725, it is unlawful for any person to do, or attempt to do, any of 
the following:
    (1) Engage in shark finning, as provided in Sec. 600.1204(a) and 
(i).
    (2) Possess shark fins without the corresponding carcasses while on 
board a U.S. fishing vessel, as provided in Sec. 600.1204(b) and (j).
    (3) Land shark fins without the corresponding carcasses, as provided 
in Sec. 600.1204(c) and (k).
    (4) Fail to have all shark fins and carcasses from a U.S. or foreign 
fishing vessel landed at one time and weighed at the time of the 
landing, as provided in Sec. 600.1204(d).
    (5) Possess, purchase, offer to sell, or sell shark fins taken, 
landed, or possessed in violation of this section, as provided in Sec. 
600.1204(e) and (l).
    (6) When requested, fail to allow an authorized officer or any 
employee of NMFS designated by a Regional Administrator access to and/or 
inspection or copying of any records pertaining to the landing, sale, 
purchase, or other disposition of shark fins and/or shark carcasses, as 
provided in Sec. 600.1204(f).
    (7) Fail to have shark fins and carcasses recorded as specified in 
Sec. 635.30(c)(3) of this chapter.
    (8) Fail to have all shark carcasses and fins landed and weighed at 
the same time if landed in an Atlantic coastal port, and to have all 
weights recorded on the weighout slips specified in Sec. 635.5(a)(2) of 
this chapter.
    (9) Fail to maintain a shark in the form specified in Sec. Sec. 
600.1204(h) and 635.30(c) of this chapter.
    (b)(1) For purposes of this section, it is a rebuttable presumption 
that shark fins landed by a U.S. or foreign fishing vessel were taken, 
held, or landed in violation of this section if the total weight of the 
shark fins landed exceeds 5 percent of the total dressed weight of shark 
carcasses on board or landed from the fishing vessel.
    (2) For purposes of this section, it is a rebuttable presumption 
that shark fins possessed by a U.S. fishing vessel were taken and held 
in violation of this section if the total weight of the shark fins on 
board, or landed, exceeds 5 percent of the total dressed weight of shark 
carcasses on board or landed from the fishing vessel.

[67 FR 6200, Feb. 11, 2002. Redesignated at 69 FR 53361, Sept. 1, 2004, 
as amended at 73 FR 40707, July 15, 2008]



Sec. 600.1204  Shark finning; possession at sea and landing of shark fins.

    (a)(1) No person aboard a U.S. fishing vessel shall engage in shark 
finning in waters seaward of the inner boundary of the U.S. EEZ.
    (2) No person aboard a foreign fishing vessel shall engage in shark 
finning in waters shoreward of the outer boundary of the U.S. EEZ.
    (b) No person aboard a U.S. fishing vessel shall possess on board 
shark fins harvested seaward of the inner boundary of the U.S. EEZ 
without the corresponding carcass(es), as may be determined by the 
weight of the shark fins in accordance with Sec. 600.1203(b)(2), except 
that sharks may be dressed at sea.
    (c) No person aboard a U.S. or foreign fishing vessel (including any 
cargo vessel that received shark fins from a fishing vessel at sea) 
shall land shark fins harvested in waters seaward of the inner boundary 
of the U.S. EEZ without corresponding shark carcasses, as may be 
determined by the weight of the shark fins in accordance with Sec. 
600.1203(b)(1).
    (d) Except as provided in paragraphs (g) and (h) of this section, a 
person who operates a U.S. or foreign fishing vessel and who lands shark 
fins harvested in waters seaward of the inner boundary of the U.S. EEZ 
shall land all fins and corresponding carcasses from the vessel at the 
same point of landing and shall have all fins and carcasses weighed at 
that time.
    (e) A person may not purchase, offer to sell, or sell shark fins 
taken, landed, or possessed in violation of this section.
    (f) Upon request, a person who owns or operates a vessel or a dealer 
shall allow an authorized officer or any employee of NMFS designated by 
a Regional Administrator access to, and/or inspection or copying of, any 
records

[[Page 187]]

pertaining to the landing, sale, purchase, or other disposition of shark 
fins and/or shark carcasses.
    (g) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark limited access permit and who lands 
shark in an Atlantic coastal port must have all fins weighed in 
conjunction with the weighing of the carcasses at the vessel's first 
point of landing. Such weights must be recorded on the ``weighout 
slips'' specified in Sec. 635.5(a)(2) of this chapter.
    (h) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark limited access permit and who lands 
shark in or from the U.S. EEZ in an Atlantic coastal port must comply 
with regulations found at Sec. 635.30(c) of this chapter.
    (i) No person aboard a vessel that has been issued a Federal 
Atlantic commercial shark limited access permit shall engage in shark 
finning.
    (j) No person aboard a vessel that has been issued a Federal 
Atlantic commercial shark limited access permit shall possess on board 
shark fins without the fins being naturally attached to the 
corresponding carcass(es), although sharks may be dressed at sea.
    (k) No person aboard a vessel that has been issued a Federal 
Atlantic commercial shark limited access permit shall land shark fins 
without the corresponding carcass(es).
    (l) A dealer may not purchase from an owner or operator of a fishing 
vessel issued a Federal Atlantic commercial shark limited access permit 
who lands shark in an Atlantic coastal port fins whose wet weight 
exceeds 5 percent of the dressed weight of the carcasses.

[67 FR 6200, Feb. 11, 2002. Redesignated at 69 FR 53361, Sept. 1, 2004, 
as amended at 73 FR 40707, July 15, 2008]



               Subpart O_Limited Access Privilege Programs

    Authority: 16 U.S.C. 1801 et seq.



Sec. Sec. 600.1300--600.1309  [Reserved]



Sec. 600.1310  New England and Gulf of Mexico Individual Fishing Quota Referenda.

    (a) Purpose and scope. This section establishes procedures and 
guidelines for referenda to be conducted on Individual Fishing Quota 
(IFQ) program proposals developed by the New England Fishery Management 
Council (NEFMC) and the Gulf of Mexico Fishery Management Council 
(GMFMC). These procedures and guidelines also apply to IFQ program 
proposals developed by NMFS for fisheries under the jurisdiction of the 
NEFMC or GMFMC, except for certain provisions that only apply to a 
fishery management council. This section provides guidance on developing 
voter eligibility and vote weighting, and establishes general procedures 
to ensure referenda are conducted in a fair and equitable manner.
    (b) Initiating IFQ referenda. (1) The NEFMC and the GMFMC shall not 
submit, and the Secretary shall not approve, an FMP or FMP amendment 
that would create an IFQ program until the IFQ program proposal, as 
ultimately developed, has been approved by a referendum of eligible 
voters. Paragraph (h) of this section provides criteria for determining 
the outcome of IFQ referenda.
    (2) To initiate a referendum on a proposed IFQ program:
    (i) The relevant Council must have held public hearings on the FMP 
or FMP amendment in which the IFQ program is proposed;
    (ii) The relevant Council must have considered public comments on 
the proposed IFQ program;
    (iii) The relevant Council must have selected preferred alternatives 
for the proposed IFQ program;
    (iv) The chair of the Council with jurisdiction over such proposed 
IFQ fishery must request a referendum on the proposed IFQ program in a 
letter to the appropriate NMFS Regional Administrator;
    (v) The letter requesting initiation of a referendum must recommend 
voter eligibility criteria that are consistent with the applicable 
requirements of paragraph (c)(1) of this section and may also include 
recommended criteria for vote weighting. The letter must provide the 
rationale supporting the Council's recommendation, as well as such 
additional information and analyses as needed, consistent with 
applicable law and provisions of this section. If a Council recommends 
vote

[[Page 188]]

weighting criteria, the letter should fully describe the rationale for 
and the expected effects of such weighting on the referendum;
    (vi) NEFMC referenda initiation letters must: recommend criteria 
that are consistent with paragraph (c)(2)(iii) of this section for NMFS 
to use in determining the eligibility of other fishery participants to 
vote in the referendum; include the minimum percentage of a crew 
member's total income that must have been earned during the eligibility 
periods in the proposed IFQ fishery as discussed in paragraph (c)(2)(ii) 
of this section; and include criteria for ``referendum eligible 
vessels'' as described in paragraph (c)(2)(i) of this section; and
    (vii) GMFMC letters initiating referenda of multispecies permit 
holders in the Gulf of Mexico must include recommended criteria to be 
used in identifying those permit holders who have substantially fished 
the species to be included in the proposed IFQ program, along with 
alternatives to the recommendation, and supporting analyses. Guidelines 
for developing such recommendations are provided at paragraph (c)(3) of 
this section.
    (3) Following a referendum that has failed to approve the IFQ 
proposal, any request from a Council for a new referendum in the same 
fishery must include an explanation of the substantive changes to the 
proposed IFQ program or the changes of circumstances in the fishery that 
would warrant initiation of an additional referendum.
    (c) Referenda voter eligibility--(1) Permit holders and other 
fishery participants. (i) To be eligible to vote in IFQ referenda, 
permit holders and other fishery participants must meet voter 
eligibility criteria.
    (ii) Holders of multispecies permits in the Gulf of Mexico must have 
substantially fished the species proposed to be included in the IFQ 
program to be eligible to vote in a referendum on the proposed program.
    (iii) When developing eligibility criteria for permit holders in an 
IFQ program referendum, the relevant Council or Secretary must consider, 
but is not limited to considering:
    (A) The full range of entities likely to be eligible to receive 
initial quota allocation under the proposed IFQ program;
    (B) Current and historical harvest and participation in the fishery; 
and
    (C) Other factors as may be determined by the Council with 
jurisdiction over the fishery for which an IFQ program is proposed to be 
relevant to the fishery and to the proposed IFQ program.
    (2) Crew member eligibility in NEFMC IFQ referenda. (i) For the 
purposes of this section, ``referendum-eligible vessel'' means a vessel, 
the permit holder or owner of which has been determined to be eligible 
to vote in the referendum on the basis of such vessel's history or other 
characteristics.
    (ii) To be eligible to vote in an NEFMC IFQ referendum, crew members 
must meet the following requirements:
    (A) The crew member must have worked aboard a referendum-eligible 
vessel at sea, during the qualifying period(s), while the vessel was 
engaged in fishing;
    (B) If requested, the crew member must produce documentary proof of 
employment or service as a crew member and income during the qualifying 
periods. Documents that may be required include, but are not limited to, 
signed crew contracts, records of payment, settlement sheets, income tax 
records, a signed statement from the permit holder, and other 
documentary evidence of the period of employment and the vessel upon 
which the crew member worked;
    (C) During the qualifying period(s), the crew member must have 
derived a percentage of his/her total income from the fishery under the 
proposed IFQ program that is equal to or greater than the percentage 
determined to be significant relative to the economic value and 
employment practices of the fishery; and
    (D) Any additional eligibility criteria promulgated by the NMFS.
    (iii) When developing criteria for determining whether other fishery 
participants, including crew members, may participate in a NEFMC IFQ 
referendum, the Council or Secretary must consider, but is not limited 
to considering:

[[Page 189]]

    (A) The full range of entities likely to be eligible to receive 
initial quota under the proposed IFQ program;
    (B) A crew member's current and historical participation in the 
fishery aboard a referendum-eligible vessel;
    (C) The economic value of the proposed IFQ fishery, employment 
practices in the proposed IFQ fishery, and other economic and social 
factors that would bear on a determination of what percentage of a crew 
member's total income from the fishery should be considered significant 
for the purposes of this section;
    (D) The availability of documentary proof of employment and income 
to validate eligibility; and
    (E) Any other factors as may be determined by the Council to be 
relevant to the fishery and the proposed IFQ program.
    (3) GMFMC's substantially fished criterion. When developing criteria 
for identifying those multispecies permit holders who have substantially 
fished the species to be included in the IFQ program proposal, the 
Council or Secretary must consider, but is not limited to considering:
    (i) Current and historical harvest and participation in the fishery;
    (ii) The economic value of and employment practices in the fishery; 
and
    (iii) Any other factors determined by the Council with jurisdiction 
over the fishery for which an IFQ program is proposed to be relevant to 
the fishery and the proposed IFQ program.
    (d) Council-recommended criteria under paragraph (c) of this section 
may include, but are not limited to, levels of participation or reliance 
on the fishery as represented by landings, sales, expenditures, or other 
considerations. A Council may also apply the same criteria for weighting 
eligible referendum votes.
    (e) Actions by NMFS: Review of Council referendum criteria and 
Secretarial IFQ plans. (1) NMFS shall determine whether Council 
recommended referendum criteria will provide for a fair and equitable 
referendum and will be consistent with national standards and other 
provisions of the Magnuson-Stevens Act, and other applicable legal 
standards. The Secretary's considerations shall include, but shall not 
be limited to:
    (i) Whether the criteria are rationally connected to or further the 
objectives of the proposed IFQ program;
    (ii) Whether the criteria are designed in such a way to prevent any 
person or single entity from obtaining an excessive share of voting 
privileges;
    (iii) Whether the criteria are reasonable relative to the 
availability of documentary evidence and the possibility of validating a 
participant's eligibility; and
    (iv) Whether the referendum can be administered and executed in a 
fair and equitable manner, in a reasonable time, and without subjecting 
industry members, the Council, or NMFS to administrative burdens, costs 
or other requirements that would be considered onerous.
    (2) If NMFS determines that referendum criteria would not provide 
for a fair and equitable referendum; would not be consistent with 
national standards and other provisions of the Magnuson-Stevens Act, and 
other applicable legal standards; or, in the case of a referendum 
request subsequent to a failed referendum in the same fishery, that the 
Council has not substantively amended the IFQ proposal or circumstances 
have not changed sufficiently to warrant initiation of a new referendum, 
NMFS shall inform the Council of the Agency's decision to deny the 
referendum request and of the reasons for the decision.
    (3) If NMFS determines that referendum criteria would provide for a 
fair and equitable referendum and would be consistent with national 
standards and other provisions of the Magnuson-Stevens Act, and other 
applicable legal standards; then NMFS shall conduct the referendum in 
accordance with procedures and guidelines provided in paragraph (f) of 
this section.
    (4) In accordance with paragraphs (c)(2) and (3) of this section, 
NMFS may initiate a referendum and promulgate referendum criteria for 
any IFQ program proposal advanced through a Secretarial fishery 
management plan (FMP) or FMP amendment under the authority of section 
304(c) of the Magnuson-Stevens Act for a New England or Gulf of Mexico 
fishery. Such criteria must provide for a fair and equitable

[[Page 190]]

referendum and NMFS shall conduct the referendum in accordance with 
procedures and guidelines provided in paragraph (f) of this section.
    (f) Conducting IFQ referenda. (1) NMFS shall promulgate specific 
referenda procedural requirements, voter eligibility requirements, and 
any vote weighting criteria through appropriate rulemaking.
    (i) Proposed rule. A proposed rule shall seek public comment on the 
specific schedule, procedures, and other requirements for the referendum 
process.
    (A) For NEFMC IFQ program referenda, the proposed rule shall 
establish procedures for documenting or certifying that other fishery 
participants, including crew members, meet the proposed voter 
eligibility criteria.
    (B) For GMFMC IFQ program referenda for multispecies permit holders, 
the proposed rule shall include criteria to be used in identifying those 
permit holders who have substantially fished the species that are the 
subject of the proposed IFQ program.
    (ii) Final rule. (A) If NMFS decides to proceed with the referendum 
after reviewing public comments, NMFS shall publish implementing 
regulations through a final rule in the Federal Register as soon as 
practicable after the Council determines the IFQ program proposal and 
supporting analyses are complete and ready for Secretarial review. 
Otherwise, NMFS shall publish a notice in the Federal Register to inform 
the Council and the public of its decision not to conduct the 
referendum, as proposed, including reasons for the Agency's decision.
    (B) Upon implementation of the referendum through a final rule, NMFS 
shall provide eligible voters referenda ballots and shall make available 
information about the schedule, procedures, and eligibility requirements 
for the referendum process and the proposed IFQ program.
    (2) NMFS shall notify the public in the region of the subject 
fishery of the referendum eligibility criteria.
    (3) Individuals who wish to vote as other fishery participants in a 
NEFMC IFQ referendum, based on criteria established by the NEFMC under 
(c)(2), must contact NMFS and produce all required documentation and 
certifications to receive a ballot. NMFS shall provide sufficient time 
in the referendum process to allow for crew members to request, receive, 
and submit referendum ballots.
    (g) Referenda ballots. (1) Ballots shall be composed such that 
voters will indicate approval or disapproval of the preferred IFQ 
program proposal.
    (2) NMFS may require voters to self-certify on referenda ballots 
that they meet voter eligibility criteria. To be considered valid, 
ballots must be signed by the eligible voter.
    (3) Referenda ballots shall be numbered serially or otherwise 
designed to guard against submission of duplicate ballots.
    (4) If votes are weighted, the value of weighted votes shall be 
indicated on the ballot. The weighted vote must be cast as a single 
unit. Its value may not be split. The full value must be applied to the 
selection made on the ballot.
    (5) NMFS shall allow at least 30 days for eligible voters to receive 
and return their ballots and shall specify a deadline by which ballots 
must be received. Ballots received after the deadline shall not be 
considered valid.
    (h) Determining the outcome of an IFQ referendum. (1) NMFS shall 
tally and announce the results of the referendum within 90 days of the 
deadline by which completed ballots must be received. NMFS may declare a 
referendum invalid if the Agency can demonstrate the referendum was not 
conducted in accordance with the procedures established in the final 
rule implementing the referendum.
    (2) A NEFMC IFQ program referendum shall be considered approved only 
if more than 2/3 of the votes submitted on valid ballots are in favor of 
the referendum question.
    (3) A GMFMC IFQ program referendum shall be considered approved only 
if a majority of the votes submitted on valid ballots are in favor of 
the referendum question.
    (i) Council actions. (1) If NMFS notifies a Council that an IFQ 
program proposal has been approved through a referendum, then the 
Council may submit the associated FMP or FMP amendment for Secretarial 
review and implementation.

[[Page 191]]

    (2) Any changes that would modify an IFQ program proposal that was 
reviewed by referenda voters may invalidate the results of the 
referendum and require the modified program proposal to be approved 
through a new referendum before it can be submitted to the Secretary for 
review and implementation.
    (3) If NMFS notifies a Council that an IFQ referendum has failed, 
then the Council may modify its IFQ program proposal and request a new 
referendum pursuant to paragraph (b) of this section.

[73 FR 75973, Dec. 15, 2008]



      Subpart P_Marine Recreational Fisheries of the United States

    Source: 73 FR 79717, Dec. 30, 2008, unless otherwise noted.



Sec. 600.1400  Definitions.

    In addition to the definitions in the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and in Sec. 
600.10 of this title, the terms used in this subpart have the following 
meanings. For purposes of this subpart, if applicable, the terms used in 
this subpart supersede those used in Sec. 600.10.
    (a) Anadromous species means the following:
    American shad: Alosa sapidissima
    Blueback herring: Alosa aestivalus
    Alewife: Alosa pseudoharengus
    Hickory shad: Alosa mediocris
    Alabama shad: Alosa alabamae
    Striped bass: Morone saxatilis
    Rainbow smelt: Osmerus mordax
    Atlantic salmon: Salmo salar
    Chinook, or king, salmon: Oncorhynchus tshawytscha
    Coho, or silver, salmon: Oncorhynchus kisutch
    Pink salmon: Oncorhynchus gorbuscha
    Sockeye salmon: Oncorhynchus nerka
    Chum salmon: Oncorhynchus keta
    Steelhead: Oncorhynchus mykiss
    Coastal cutthroat trout: Oncorhynchus clarki clarki
    Eulachon or candlefish: Thaleichthys pacificus
    Dolly varden: Salvelinus malma
    Sheefish or inconnu: Stenodus leucichthys
    Atlantic sturgeon: Acipenser oxyrhynchus oxyrhynchus
    Shortnose sturgeon: Acipenser brevirostrum
    Gulf sturgeon: Acipenser oxyrhynchus desotoi
    White sturgeon: Acipenser transmontanus
    Green sturgeon: Acipenser medirostris
    (b) Angler means a person who is angling (see 50 CFR 600.10) in 
tidal waters.
    (c) Authorized officer has the same meaning as in 50 CFR 600.10.
    (d) Continental shelf fishery resources has the same meaning as in 
16 U.S.C. 1802.
    (e) Exempted state means a state that has been designated as an 
exempted state by NMFS pursuant to Sec. 600.1415.
    (f) For-hire fishing vessel means a vessel on which passengers are 
carried to engage in angling or spear fishing, from whom a consideration 
is contributed as a condition of such carriage, whether directly or 
indirectly flowing to the owner, charterer, operator, agent or any other 
person having an interest in the vessel.
    (g) Indigenous people means persons who are documented members of a 
federally recognized tribe or Alaskan Native Corporation or persons who 
reside in the western Pacific who are descended from the aboriginal 
people indigenous to the region who conducted commercial or subsistence 
fishing using traditional fishing methods, including angling.
    (h) Spearfishing means fishing for, attempting to fish for, catching 
or attempting to catch fish in tidal waters by any person with a spear 
or a powerhead (see 50 CFR 600.10).
    (i) State has the same meaning as in 16 U. S. C. 1802.
    (j) Tidal waters means waters that lie below mean high water and 
seaward of the first upstream obstruction or barrier to tidal action and 
that are subject to the ebb and flow of the astronomical tides under 
ordinary conditions.



Sec. 600.1405  Angler registration.

    (a) Effective January 1, 2010, the requirements of this section 
apply to any person who does any of the following:
    (1) Engages in angling or spearfishing for:

[[Page 192]]

    (i) Fish in the EEZ;
    (ii) Anadromous species in any tidal waters; or
    (iii) Continental Shelf fishery resources beyond the EEZ.
    (2) Operates a for-hire fishing vessel in the EEZ.
    (3) Operates a for-hire fishing vessel that engages in angling or 
spearfishing for:
    (i) Anadromous species in any tidal waters; or
    (ii) Continental shelf fishery resources beyond the EEZ.
    (4) Possesses equipment used for angling or spearfishing and also 
possesses:
    (i) Fish in the EEZ;
    (ii) Anadromous species in any tidal waters; or
    (iii) Continental shelf fishery resources beyond the EEZ.
    (b) No person may engage in the activities listed in paragraph (a) 
of this section unless that person:
    (1) Has registered annually with NMFS in accordance with Sec. 
600.1410 of this part;
    (2) Holds a valid fishing license issued by, or is registered by, an 
exempted state;
    (3) Is a resident of an exempted state, but is not required to hold 
a fishing license, or to be registered to fish, under the laws of that 
state;
    (4) Holds a permit issued by NMFS for for-hire fishing under 50 CFR 
622.4(a)(1), 635.4(b), 648.4(a), or 660.70(a)(1);
    (5) Is under the age of 16;
    (6) Is angling aboard a for-hire fishing vessel that is in 
compliance with NMFS and state for-hire vessel permit, license or 
registration requirements;
    (7) Holds a commercial fishing license or permit issued by NMFS or a 
state and is lawfully fishing or in possession of fish taken under the 
terms and conditions of such license or permit;
    (8) Holds an HMS Angling permit under 50 CFR 635.4(c);
    (9) Holds a subsistence fishing license or permit issued by NMFS or 
a state and is lawfully fishing or in possession of fish taken under the 
terms and conditions of such license or permit; or
    (10) Is angling or spearfishing for, or operating a for-hire fishing 
vessel that engages in fishing for, anadromous species or Continental 
Shelf fishery resources, in waters under the control of a foreign 
nation.
    (c) Any angler or spear fisher or operator of a for-hire vessel 
must, on request of an authorized officer, produce the NMFS registration 
number and certificate or evidence that such person or for-hire vessel 
operator is exempt from the registration requirement pursuant to Sec. 
600.1405(b)(2) through Sec. 600.1405(b)(10).

[73 FR 79717, Dec. 30, 2008]

    Effective Date Note: At 73 FR 79717, Dec. 30, 2008, Sec. 600.1405 
was added, effective January 1, 2010.



Sec. 600.1410  Registry process.

    (a) A person may register through the NMFS web site at 
www.nmfs.noaa.gov or by calling a toll-free telephone number available 
by contacting NMFS or at the NMFS website.
    (b) Individuals must submit their name; address; telephone number; 
date of birth; region(s) of the country in which they intend to fish in 
the upcoming year; and additional information necessary for the issuance 
or administration of the registration.
    (c) To register a for-hire fishing vessel, the vessel owner or 
operator must submit vessel owner name, address, date of birth, and 
telephone number; vessel operator (if different) name, address, date of 
birth and telephone number; vessel name; vessel's state registration or 
U.S. Coast Guard documentation number; home port or principal area of 
operation; and additional information necessary for the issuance or 
administration of the registration.
    (d) NMFS will issue a registration number and certificate to 
registrants. A registration number and certificate will be valid for one 
year from the date on which it is issued.
    (e) It shall be unlawful for any person to submit false, inaccurate 
or misleading information in connection with any registration request.
    (f) Fees. Effective January 1, 2011, persons registering with NMFS 
must pay an annual fee. The annual schedule for such fees will be 
published in the Federal Register. Indigenous people engaging in angling 
or spear fishing must

[[Page 193]]

register, but are not required to pay a fee.



Sec. 600.1415  Procedures for designating exempted states-general provisions.

    (a) States with an exempted state designation must:
    (1) Submit state angler and for-hire vessel license holder data to 
NMFS for inclusion in a national or regional registry database; or
    (2) Participate in regional surveys of recreational catch and effort 
and make the data from those surveys available to NMFS.
    (b) Process for getting an exempted state designation:
    (1) To apply for exempted state designation, a state must submit:
    (i) A complete description of the data it intends to submit to NMFS;
    (ii) An assessment of how the data conforms to the requirements of 
Sec. Sec. 600.1416 or 600. 1417;
    (iii) A description of the database in which the data exists and 
will be transmitted; and
    (iv) The proposed process, schedule and frequency of submission of 
the data.
    (2) If NMFS determines the submitted material meets the requirements 
of Sec. Sec. 600.1416 or 600.1417, NMFS will initiate negotiations with 
the state on a Memorandum of Agreement. The Memorandum of Agreement must 
include the terms and conditions of the data-sharing program. The 
Memorandum of Agreement and state designation may be limited to data-
sharing related to only anglers or only for-hire fishing vessels.
    (3) Following execution of a Memorandum of Agreement, NMFS will 
publish a notice of the exempted state designation in the Federal 
Register.



Sec. 600.1416  Requirements for exempted state designation based on submission 

of state license holder data.

    (a) A state must annually submit to NMFS, in a format consistent 
with NMFS guidelines, the name, address and, to the extent available in 
the state's database, telephone number and date of birth of all persons 
and for-hire vessels and for-hire vessel operators who are licensed to 
fish, or who are registered as fishing, in the EEZ, in the tidal waters 
of the state, or for anadromous species. The Memorandum of Agreement 
will specify the timetable for a state to compile and submit complete 
information on the telephone numbers and dates of birth for its license 
holders/registrants. The waters of the state for which such license-
holder data must be submitted will be specified in the Memorandum of 
Agreement.
    (b) A state is eligible to be designated as an exempted state even 
if its licensing program excludes anglers who are:
    (1) Under 16 years of age;
    (2) Over age 59 (see Sec. 600.1416(d)(1));
    (3) Customers on licensed for-hire vessels;
    (4) Customers on state-licensed fishing piers, provided that the 
pier license holder provides to the state complete angler contact 
information or angler effort information for users of the pier;
    (5) On active military duty while on furlough; or
    (6) Disabled or a disabled Veteran as defined by the state.
    (c) Unless the state can demonstrate that a given category of 
anglers is so small it has no significant probability of biasing 
estimates of fishing effort if these anglers are not included in a 
representative sample, a state may not be designated as an exempted 
state if its licensing program excludes anglers that meet any of the 
following conditions:
    (1) Fishing on a state-licensed private vessel;
    (2) Fishing from privately-owned land;
    (3) Fishing on a public pier;
    (4) Fishing from shore;
    (5) Fishing in tidal waters of the state; or
    (6) Fishing as an occupant of a beach buggy, the operator of which 
is licensed or permitted to operate the vehicle on public beaches.
    (d) Required enhancements to exempted state license-holder data. An 
exempted state must submit the following angler identification data by 
Jan. 1, 2012, or within two years of the effective date of the 
Memorandum of Agreement, whichever islater, and thereafter in accordance 
with the Memorandum of Agreement:

[[Page 194]]

    (1) Name, address and telephone number of excluded anglers over age 
59;
    (2) Name, address and telephone number, updated annually, of holders 
of state lifetime and multi-year licenses;
    (3) Name, address and telephone number of state combination license 
holders who fished in tidal waters in the prior year, or who intend to 
fish in tidal waters. The Memorandum of Agreement will define the 
boundaries of the state's tidal waters for this purpose.



Sec. 600.1417  Requirements for exempted state designation based on submission 

of recreational survey data.

    (a) To be designated as an exempted state based on the state's 
participation in a regional survey of marine and anadromous recreational 
fishing catch and effort, a state may submit to NMFS a proposal that 
fully describes the state's participation in a qualifying regional 
survey, and the survey's sample design, data collection and 
availability.
    (b) A qualifying regional survey must:
    (1) Include all of the states within each region as follows:
    (i) Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina, Georgia and Florida (Atlantic coast);
    (ii) Florida (Gulf of Mexico coast), Alabama, Mississippi, 
Louisiana, and Texas;
    (iii) Puerto Rico and the U. S. Virgin Islands;
    (iv) California, Oregon and Washington;
    (v) Alaska;
    (vi) Hawaii; or
    (vii) American Samoa, Guam and the Commonwealth of the Northern 
Mariana Islands.
    (2) Utilize angler registry data, or direct field counts to obtain 
angler effort, or other appropriate statistical means to obtain fishing 
effort;
    (3) Utilize angler registry data to identify individuals to be 
surveyed by telephone, if such regional survey includes a telephone 
survey component; and
    (4) Meet NMFS survey design and data collection standards.



PART 622_FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC--Table of 

Contents




                      Subpart A_General Provisions

Sec.
622.1 Purpose and scope.
622.2 Definitions and acronyms.
622.3 Relation to other laws and regulations.
622.4 Permits and fees.
622.5 Recordkeeping and reporting.
622.6 Vessel and gear identification.
622.7 Prohibitions.
622.8 At-sea observer coverage.
622.9 Vessel monitoring systems (VMSs).
622.10 Conservation measures for protected resources.

                      Subpart B_Effort Limitations

622.15 Wreckfish individual transferable quota (ITQ) system.
622.16 Red snapper individual transferable quota (ITQ) system.
622.17 South Atlantic golden crab controlled access.
622.18 South Atlantic snapper-grouper limited access.
622.19 South Atlantic rock shrimp limited access.
622.20 Individual fishing quota (IFQ) program for Gulf groupers and 
          tilefishes.

                      Subpart C_Management Measures

622.30 Fishing years.
622.31 Prohibited gear and methods.
622.32 Prohibited and limited-harvest species.
622.33 Caribbean EEZ seasonal and/or area closures.
622.34 Gulf EEZ seasonal and/or area closures.
622.35 Atlantic EEZ seasonal and/or area closures.
622.36 Seasonal harvest limitations.
622.37 Size limits.
622.38 Landing fish intact.
622.39 Bag and possession limits.
622.40 Limitations on traps and pots.
622.41 Species specific limitations.
622.42 Quotas.
622.43 Closures.
622.44 Commercial trip limits.
622.45 Restrictions on sale/purchase.
622.46 Prevention of gear conflicts.
622.47 Gulf groundfish trawl fishery.
622.48 Adjustment of management measures.
622.49 Accountability measures.

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622.50 Caribbean spiny lobster import prohibitions.

Appendix A to Part 622--Species Tables
Appendix B to Part 622--Gulf Areas
Appendix C to Part 622--Fish Length Measurements
Appendix D to Part 622--Specifications for Certified BRDs

    Authority: 16 U.S.C. 1801 et seq.

    Source: 61 FR 34934, July 3, 1996, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 622 appear at 70 FR 
73389, Dec. 12, 2005 and 73 FR 411, Jan. 3, 2008.



                      Subpart A_General Provisions



Sec. 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. This part also governs 
importation of Caribbean spiny lobster into Puerto Rico or the U.S. 
Virgin Islands.

                Table 1--FMPs Implemented Under Part 622
------------------------------------------------------------------------
                                   Responsible fishery
            FMP title                  management         Geographical
                                       council(s)             area
------------------------------------------------------------------------
FMP for Coastal Migratory         GMFMC/SAFMC           Gulf, \1\ Mid-
 Pelagic Resources.                                      Atlantic \1,2\
                                                         and South
                                                         Atlantic. \1,3\
FMP for Coral and Coral Reefs of  GMFMC                 Gulf.
 the Gulf of Mexico.
FMP for Coral, Coral Reefs, and   SAFMC                 South Atlantic.
 Live/Hard Bottom Habitats of
 the South Atlantic Region.
FMP for Corals and Reef           CFMC                  Caribbean.
 Associated Plants and
 Invertebrates of Puerto Rico
 and the U.S. Virgin Islands.
FMP for the Dolphin and Wahoo     SAFMC                 Atlantic.
 Fishery off the Atlantic States.
FMP for the Golden Crab Fishery   SAFMC                 South Atlantic
 of the South Atlantic Region.
FMP for Queen Conch Resources of  CFMC                  Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
FMP for Pelagic Sargassum         SAFMC                 South Atlantic
 Habitat of the South Atlantic
 Region.
FMP for the Red Drum Fishery of   GMFMC                 Gulf. \1\
 the Gulf of Mexico.
FMP for the Reef Fish Fishery of  CFMC                  Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
FMP for the Reef Fish Resources   GMFMC                 Gulf.\1,5,6\
 of the Gulf of Mexico.
FMP for the Shrimp Fishery of     GMFMC                 Gulf. \1\
 the Gulf of Mexico.
FMP for the Shrimp Fishery of     SAFMC                 South Atlantic.
 the South Atlantic Region.
FMP for the Snapper-Grouper       SAFMC                 South Atlantic.
 Fishery of the South Atlantic                           \1,4\
 Region.
FMP for the Spiny Lobster         CFMC                  Caribbean.
 Fishery of Puerto Rico and the
 U.S. Virgin Islands.
------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data
  collection and quota monitoring.
\2\ Only king and Spanish mackerel and cobia are managed under the FMP
  in the Mid-Atlantic.
\3\ Bluefish are not managed under the FMP in the South Atlantic.
\4\ Bank, rock, and black sea bass and scup are not managed by the FMP
  or regulated by this part north of 35[deg]15.19[min] N. lat., the
  latitude of Cape Hatteras Light, NC.
\5\ 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.
\6\ 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.


[61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 65483, Dec. 13, 1996; 63 FR 10565, Mar. 4, 1998; 67 FR 22362, May 3, 
2002; 68 FR 57378, Oct. 3, 2003; 69 FR 30240, May 27, 2004; 71 FR 67457, 
Nov. 22, 2006; 73 FR 58061, Oct. 6, 2008; 74 FR 1151, Jan. 12, 2009; 74 
FR 44741, Aug. 31, 2009]



Sec. 622.2  Definitions and acronyms.

    In addition to the definitions in the Magnuson Act and in Sec. 
600.10 of this chapter, and the acronyms in Sec. 600.15 of this 
chapter, the terms and acronyms

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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 value means the total monetary sale amount a 
fisherman receives for IFQ landings from a registered IFQ dealer.
    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 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.
    Aquacultured live rock means live rock that is harvested under a 
Federal aquacultured live rock permit, as required under Sec. 
622.4(a)(3)(iii).
    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.
    BRD means bycatch reduction device.
    Buoy gear means fishing gear consisting of a float and one or more 
weighted lines suspended therefrom, generally long enough to reach the 
bottom. A hook or hooks (usually 6 to 10) are on the lines at or near 
the end. The float and line(s) drift freely and are retrieved 
periodically to remove catch and rebait hooks.
    Carapace length means the straight-line distance from the orbital 
notch inside the orbital spine, in a line parallel to the lateral 
rostral sulcus, to the posterior margin of the cephalothorax. (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 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

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Sec. 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 more than 
three persons aboard, including operator and crew. However, 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 one or more of the following 
species, or a part thereof:
    (1) Bluefish, Pomatomus saltatrix (Gulf of Mexico only).
    (2) Cero, Scomberomorus regalis.
    (3) Cobia, Rachycentron canadum.
    (4) Dolphin, Coryphaena hippurus (Gulf of Mexico only).
    (5) King mackerel, Scomberomorus cavalla.
    (6) Little tunny, Euthynnus alletteratus.
    (7) Spanish mackerel, Scomberomorus maculatus.
    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 Sec. 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 yellowedge grouper, misty grouper, 
warsaw grouper, snowy grouper, and speckled hind. In addition, for the 
purposes of the IFQ program for Gulf groupers and tilefishes in Sec. 
622.20, scamp are also included as DWG as specified in Sec. 
622.20(b)(2)(vi).
    Dehooking device means a device intended to remove a hook embedded 
in a fish to release the fish with minimum damage.
    Dolphin means the species Coryphaena equiselis or C. hippurus, or a 
part thereof, in the Atlantic. (See the definition of Coastal migratory 
pelagic fish for dolphin in the Gulf of Mexico.)
    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.

[[Page 198]]

    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 Sec. 600.105(c) 
of this chapter.
    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 
Sec. 622.4(a)(2), 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.
    Import means, for the purpose of Sec. Sec. 622.1(b) and 622.50 
only,--
    (1) 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; but
    (2) Does not include any activity described in paragraph (1) of this 
definition with respect to fish caught in the U.S. exclusive economic 
zone by a vessel of the United States.
    IFQ means individual fishing quota.
    Live rock means living marine organisms, or an assemblage thereof, 
attached to a hard substrate, including dead coral or rock (excluding 
individual mollusk shells).
    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

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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 Sec. 600.105(a) of this chapter, 
to the boundary between the MAFMC and the SAFMC, as specified in Sec. 
600.105(b) of this chapter.
    Migratory group, for king and Spanish mackerel, means a group of 
fish that may or may not be a separate genetic stock, but that is 
treated as a separate stock for management purposes. King and Spanish 
mackerel are divided into migratory groups--the Atlantic migratory group 
and the Gulf migratory group. The boundaries between these groups are as 
follows:
    (1) King mackerel--(i) Summer separation. From April 1 through 
October 31, the boundary separating the Gulf and Atlantic migratory 
groups of king mackerel is 25[deg]48[min] N. lat., which is a line 
directly west from the Monroe/Collier County, FL, boundary to the outer 
limit of the EEZ.
    (ii) Winter separation. From November 1 through March 31, the 
boundary separating the Gulf and Atlantic migratory groups of king 
mackerel is 29[deg]25[min] N. lat., which is a line directly east from 
the Volusia/Flagler County, FL, boundary to the outer limit of the EEZ.
    (2) Spanish mackerel. The boundary separating the Gulf and Atlantic 
migratory groups of Spanish mackerel is 25[deg]20.4[min] N. lat., which 
is a line directly east from the Miami-Dade/Monroe County, FL, boundary 
to the outer limit of the EEZ.
    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 Sec. 600.105(a) of this chapter.
    Off Florida means the waters in the Gulf and South Atlantic from 
30[deg]42[min]45.6[sec] N. lat., which is a line directly east from the 
seaward terminus of the Georgia/Florida boundary, to 
87[deg]31[min]06[sec] 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[deg] from true north from the seaward 
terminus of the South Carolina/Georgia boundary to 
30[deg]42[min]45.6[sec] N. lat., which is a line directly east from the 
seaward terminus of the Georgia/Florida boundary.
    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.
    Off Louisiana, Mississippi, and Alabama means the waters in the Gulf 
other than off Florida and off Texas.
    Off North Carolina means the waters in the South Atlantic from 
36[deg]34[min]55[sec] N. lat., which is a line directly east from the 
Virginia/North Carolina boundary, to a line extending in a direction of 
135[deg]34[min]55[sec] from true north from the North Carolina/South 
Carolina boundary, as marked by the border station on Bird Island at 
33[deg]51[min]07.9[sec] N. lat., 78[deg]32[min]32.6[sec] W. long.
    Off South Carolina means the waters in the South Atlantic from a 
line extending in a direction of 135[deg]34[min]55[sec] from true north 
from the North Carolina/South Carolina boundary, as marked by the border 
station on Bird Island at 33[deg]51[min]07.9[sec] N. lat., 
78[min]32[min]32.6[sec] W. long., to a line extending in a direction of 
104[deg] 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[deg]32.1[min] N. lat., 93[deg]47.7[min] W. long. to 26[deg]11.4[min] 
N. lat., 92[deg]53[min] W. long., which line is an extension of the 
boundary between Louisiana and Texas.
    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:

[[Page 200]]

    (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.
    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.
    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.
    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 Sec. 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 gag, red grouper, black grouper, 
scamp, yellowfin grouper, rock hind, red hind, and yellowmouth grouper. 
In addition, for the purposes of the IFQ program for Gulf groupers and 
tilefishes in Sec. 622.20, speckled hind and warsaw grouper are also 
included as SWG as specified in Sec. 622.20(b)(2)(v).
    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.
    (6) Seabob shrimp, Xiphopenaeus kroyeri.
    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.
    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 Sec. 600.105(b) of this chapter, to the line of demarcation between 
the Atlantic Ocean and the Gulf of Mexico, as specified in Sec. 
600.105(c) of this chapter.
    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.
    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.
    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,

[[Page 201]]

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, seagrasses).
    Venting device means a device intended to deflate the swim bladder 
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.

    Editorial Note: For Federal Register citations affecting Sec. 
622.2, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 622.3  Relation to other laws and regulations.

    (a) The relation of this part to other laws is set forth in Sec. 
600.705 of this chapter and paragraphs (b) through (f) of this section.
    (b) Except for regulations on allowable octocoral, Gulf and 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 Gulf or 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 Sec. Sec. 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 Sec. 600.745 
of this chapter.
    (f) Regulations pertaining to additional prohibitions on importation 
of spiny lobster into any place subject to the jurisdiction of the 
United States other than Puerto Rico or the U.S. Virgin Islands are set 
forth in part 640 of this chapter.

[61 FR 34934, July 3, 1996, as amended at 71 FR 28284, May 16, 2006; 74 
FR 1151, Jan. 12, 2009]



Sec. 622.4  Permits and fees.

    (a) Permits required. To conduct activities in fisheries governed in 
this part, valid permits, licenses, and endorsements are required as 
follows:
    (1) Charter vessel/headboat permits. (i) 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, species in any of the following species 
groups, a valid charter vessel/headboat permit for that species group 
must have been issued to the vessel and must be on board--

[[Page 202]]

    (A) Gulf coastal migratory pelagic fish.
    (B) South Atlantic coastal migratory pelagic fish.
    (C) Gulf reef fish.
    (D) South Atlantic snapper-grouper.
    (E) Atlantic dolphin and wahoo. (See paragraph (a)(5) of this 
section for the requirements for operator permits in the dolphin and 
wahoo fishery.)
    (ii) See paragraph (r) of this section regarding a limited access 
system for charter vessel/headboat permits for Gulf reef fish and Gulf 
coastal migratory pelagic fish.
    (iii) 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 Sec. 622.2 for an explanation of when vessels are 
considered to be operating as a charter vessel or headboat, 
respectively.
    (iv) If Federal regulations for Gulf reef fish in subparts A, B, or 
C 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.
    (2) Commercial vessel permits, licenses, and endorsements--(i) 
[Reserved]
    (ii) 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 Sec. 
622.42(c)(1)(i)(A)(3)), 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 paragraph (o) of this section regarding a limited 
access system applicable to king mackerel gillnet permits and 
restrictions on transferability of king mackerel gillnet permits.
    (iii) King mackerel. For a person aboard a vessel to be eligible for 
exemption from the bag limits and to fish under a quota for 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. To obtain or renew a commercial vessel 
permit for king mackerel, at least 25 percent of the applicant's earned 
income, or at least $10,000, must have been derived from commercial 
fishing (i.e., harvest and first sale of fish) or from charter fishing 
during one of the three calendar years preceding the application. See 
paragraph (q) of this section regarding a limited access system 
applicable to commercial vessel permits for king mackerel, transfers of 
permits under the limited access system, and limited exceptions to the 
earned income or gross sales requirement for a permit.
    (iv) Spanish mackerel. For a person aboard a vessel to be eligible 
for exemption from the bag limits and to fish under a quota for 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. To obtain or renew a commercial vessel 
permit for Spanish mackerel, at least 25 percent of the applicant's 
earned income, or at least $10,000, must have been derived from 
commercial fishing (i.e., harvest and first sale of fish) or from 
charter fishing during one of the 3 calendar years preceding the 
application.
    (v) Gulf reef fish. For a person aboard a vessel to be eligible for 
exemption from the bag limits, to fish under a quota, as specified in 
Sec. 622.42(a)(1), 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, B, or C 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)(2)(ix) of this section regarding an IFQ vessel account required to 
fish for, possess, or land Gulf red snapper or Gulf groupers and 
tilefishes. To obtain or renew a commercial vessel permit for Gulf reef 
fish, more than 50 percent of the applicant's earned income must have 
been

[[Page 203]]

derived from commercial fishing (i.e., harvest and first sale of fish) 
or from charter fishing during either of the 2 calendar years preceding 
the application. See paragraph (m) of this section regarding a limited 
access system for commercial vessel permits for Gulf reef fish and 
limited exceptions to the earned income requirement for a permit.
    (A) 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.
    (B) [Reserved]
    (vi) 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 engage in the 
directed fishery for 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[deg]15.19[min] N. lat. (due east of Cape Hatteras Light, NC) and 
28[deg]35.1[min] N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL), a commercial vessel permit for South 
Atlantic snapper-grouper must have been issued to the vessel and must be 
on board. A vessel with longline gear and more than 200 lb (90.7 kg) of 
tilefish on board is considered to be in the directed fishery for 
tilefish. It is a rebuttable presumption that a fishing vessel with more 
than 200 lb (90.7 kg) of tilefish on board harvested such tilefish in 
the EEZ. See Sec. 622.18 for limitations on the use, transfer, and 
renewal of a commercial vessel permit for South Atlantic snapper-
grouper.
    (vii) Wreckfish. For a person aboard a vessel to fish for wreckfish 
in the South Atlantic EEZ, possess wreckfish in or from the South 
Atlantic EEZ, offload wreckfish from the South Atlantic EEZ, or sell 
wreckfish in or from the South Atlantic EEZ, a commercial vessel permit 
for wreckfish 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 Sec. 622.15 for information on 
wreckfish shareholders.)
    (viii) South Atlantic rock shrimp. (A) For a person aboard a vessel 
to fish for rock shrimp in the South Atlantic EEZ or possess rock shrimp 
in or from the South Atlantic EEZ, a commercial vessel permit for rock 
shrimp must be issued to the vessel and must be on board. (See paragraph 
(a)(5) of this section for the requirements for operator permits for the 
South Atlantic rock shrimp fishery.)
    (B) In addition, 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 Georgia or off 
Florida, a limited access endorsement for South Atlantic rock shrimp 
must be issued to the vessel and must be on board. See Sec. 622.19 for 
limitations on the issuance, transfer, renewal, and reissuance of a 
limited access endorsement for South Atlantic rock shrimp.
    (ix) Gulf IFQ vessel accounts. 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 or Gulf groupers (including 
DWG and SWG, as specified in Sec. 622.20(a)) or tilefishes (including 
goldface tilefish, blackline tilefish, anchor 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 Sec. 
622.16 when fishing for

[[Page 204]]

red snapper or Sec. 622.20 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 
Sec. 622.16(a)(3)(i) or Sec. 622.20(a)(3)(i), online via the NMFS IFQ 
website ifq.sero.nmfs.noaa.gov, 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 
website 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 must hold 
sufficient IFQ allocation in the appropriate share category, at least 
equal to the pounds in gutted weight of the red snapper or groupers and 
tilefishes on board, from the time of advance notice of landing through 
landing (except for any overage allowed as specified in Sec. 
622.16(c)(1)(ii) for red snapper and Sec. 622.20(c)(1)(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 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 Sec. 622.39 (b)(1)(ii) or Gulf red snapper 
under the bag limit specified in Sec. 622.39 (b)(1)(iii). See Sec. 
622.16 regarding other provisions pertinent to the Gulf red snapper IFQ 
system and Sec. 622.20 regarding other provisions pertinent to the IFQ 
system for Gulf groupers and tilefishes.
    (x) South Atlantic golden crab. 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 Sec. 622.17 for limitations on the use, transfer, and renewal 
of a commercial vessel permit for golden crab.
    (xi) Gulf shrimp fisheries--(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 (s) 
of this section regarding a moratorium on commercial vessel permits for 
Gulf shrimp and the associated provisions. See the following paragraph, 
(a)(2)(xi)(B) of this section, regarding an additional endorsement 
requirement related to royal red shrimp.
    (B) Gulf royal red shrimp endorsement. Effective March 26, 2007, 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 must be 
issued to the vessel and must be on board.
    (xii) Atlantic dolphin and wahoo. (A) For a person aboard a vessel 
to be eligible for exemption from the bag and possession 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)(xii)(B) of this section. (See paragraph (a)(5) of this 
section for the requirements for operator permits in the Atlantic 
dolphin and wahoo fishery).
    (B) The provisions of paragraph (a)(2)(xii)(A) of this section 
notwithstanding, a fishing vessel, except a vessel operating as a 
charter vessel or

[[Page 205]]

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 Sec. 622.44(f)(2). (A charter vessel/
headboat permit is not a commercial vessel permit.)
    (xiii) 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.
    (3) Coral permits--(i) 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.
    (ii) Allowable octocoral. For an individual to take or possess 
allowable octocoral in the Gulf or 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.
    (iii) Aquacultured live rock. For a person to take or possess 
aquacultured live rock in the Gulf or South Atlantic 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.
    (iv) Prohibited coral. A Federal permit may be issued to take or 
possess Gulf and South Atlantic prohibited coral or Caribbean prohibited 
coral only as scientific research activity, exempted fishing, or 
exempted educational activity. See Sec. 600.745 of this chapter for the 
procedures and limitations for such activities and fishing.
    (v) 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:
    (A) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (B) Landing allowable octocoral in Florida.
    (C) Landing live rock in Florida.
    (4) Dealer permits, endorsements, and conditions --(i) Permits. For 
a dealer to receive Gulf reef fish harvested from the Gulf EEZ; golden 
crab, South Atlantic snapper-grouper, rock shrimp, or wreckfish 
harvested from the South Atlantic EEZ; or dolphin or wahoo harvested 
from the Atlantic EEZ; a dealer permit for Gulf reef fish, golden crab, 
South Atlantic snapper-grouper, rock shrimp, wreckfish, or Atlantic 
dolphin and wahoo, respectively, must be issued to the dealer.
    (ii) Gulf IFQ dealer endorsements. In addition to the requirement 
for a dealer permit for Gulf reef fish as specified in paragraph 
(a)(4)(i) of this section, for a dealer to receive red snapper subject 
to the Gulf red snapper IFQ program, as specified in Sec. 622.16(a)(1), 
or groupers and tilefishes subject to the IFQ program for Gulf groupers 
and tilefishes, as specified in Sec. 622.20(a)(1), or for a person 
aboard a vessel with a Gulf IFQ vessel account to sell such red snapper 
or 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 reef fish permit can download a Gulf IFQ dealer endorsement from 
the NMFS IFQ website at ifq.sero.nmfs.noaa.gov. If such persons do not 
have an IFQ online account, they must first contact IFQ Customer Service 
at 1-866-425-7627 to obtain information necessary to access the IFQ 
website and establish an IFQ online account. There is no fee for 
obtaining this endorsement. The endorsement remains valid as long as the 
Gulf reef fish dealer permit remains

[[Page 206]]

valid and the dealer is in compliance with all Gulf reef fish and IFQ 
reporting requirements, has paid all IFQ fees required under paragraph 
(c)(2) of this section, and is not subject to any sanctions under 15 CFR 
part 904. The endorsement is not transferable. See Sec. 622.16 
regarding other provisions pertinent to the Gulf red snapper IFQ system 
and Sec. 622.20 regarding other provisions pertinent to the IFQ system 
for Gulf groupers and tilefishes.
    (iii) 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).
    (5) Operator permits. (i) The following persons are required to have 
operator permits:
    (A) An operator of a vessel that has or is required to have a valid 
permit for South Atlantic rock shrimp issued under this section.
    (B) 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.
    (ii) A person required to have an operator permit under paragraph 
(a)(5)(i) 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.).
    (iii) An owner of a vessel that is required to have a permitted 
operator under paragraph (a)(5)(i) 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.
    (iv) An owner of a vessel that is required to have a permitted 
operator under paragraph (a)(5)(i) 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.
    (b) 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 are mailed to owners, whether the 
applicant is an owner or an operator.
    (1) Coral permits. (i) 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.
    (ii) An applicant must provide the following:
    (A) Name, address, telephone number, and other identifying 
information of the applicant.
    (B) Name and address of any affiliated company, institution, or 
organization.
    (C) Information concerning vessels, harvesting gear/methods, or 
fishing areas, as specified on the application form.
    (D) Any other information that may be necessary for the issuance or 
administration of the permit.
    (E) 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--
    (1) Provides accurate coordinates of the proposed harvesting site so 
that it can be located using LORAN or Global Positioning System 
equipment;
    (2) Shows the site on a chart in sufficient detail to determine its 
size and allow for site inspection;
    (3) 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;
    (4) Describes the naturally occurring bottom habitat at the site; 
and
    (5) Specifies the type and origin of material to be deposited on the 
site and how it will be distinguishable from the naturally occurring 
substrate.
    (2) Dealer permits. (i) The application for a dealer permit must be 
submitted

[[Page 207]]

by the owner (in the case of a corporation, an officer or shareholder; 
in the case of a partnership, a general partner).
    (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.
    (3) 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 paragraph (a)(2) of 
this section 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).
    (4) 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.
    (c) 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 (b) of this section. The permit is void if any change in the 
information is not reported within 30 days.
    (d) Fees.Unless specified otherwise, a fee is charged for each 
application for a permit, license, or endorsement submitted under this 
section, for each request for transfer or replacement of such permit, 
license, or endorsement, and for each sea bass pot identification tag 
required under Sec. 622.6(b)(1)(i)(B). 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.
    (e) Initial issuance. (1) The RA will issue an initial permit at any 
time to

[[Page 208]]

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.
    (f) 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.
    (g) 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 section is not transferable or 
assignable, except as provided in paragraph (m) of this section for a 
commercial vessel permit for Gulf reef fish, in paragraph (o) of this 
section for a king mackerel gillnet permit, in paragraph (q) of this 
section for a commercial vessel permit for king mackerel, in paragraph 
(r) of this section for a charter vessel/headboat permit for Gulf 
coastal migratory pelagic fish or Gulf reef fish, in paragraph (s) of 
this section for a commercial vessel moratorium permit for Gulf shrimp, 
in Sec. 622.17(c) for a commercial vessel permit for golden crab, in 
Sec. 622.18(b) for a commercial vessel permit for South Atlantic 
snapper-grouper, or in Sec. 622.19(b) for a commercial vessel permit 
for South Atlantic rock shrimp. 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.
    (h) 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 section 
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 section 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 (b)(4) of this section.
    (i) Display. A vessel permit, license, or endorsement issued under 
this section must be carried on board the vessel. A dealer permit issued 
under this section, 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

[[Page 209]]

reef fish harvested from the Gulf 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.
    (j) Sanctions and denials. (1) A permit, license, or endorsement 
issued pursuant to this section 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.
    (k) Alteration. A permit, license, or endorsement that is altered, 
erased, or mutilated is invalid.
    (l) 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 (b)(4)(ii) of this section.
    (m) Limited access system for commercial vessel permits for Gulf 
reef fish. (1) No applications for additional commercial vessel permits 
for Gulf reef fish will be accepted. Existing vessel permits may be 
renewed, are subject to the restrictions on transfer or change in 
paragraphs (m)(2) through (5) of this section, and are subject to the 
requirement for timely renewal in paragraph (m)(6) 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, 
installation, activation, and operational status of an approved VMS for 
the vessel receiving the permit has been verified by NMFS VMS personnel.
    (2) An owner of a permitted vessel may transfer the commercial 
vessel permit for Gulf reef fish to another vessel owned by the same 
entity.
    (3) An owner whose earned income qualified for the commercial vessel 
permit for Gulf reef fish may transfer the permit to the owner of 
another vessel, or to the new owner when he or she transfers ownership 
of the permitted vessel. Such owner of another vessel, or new owner, may 
receive a commercial vessel permit for Gulf reef fish for his or her 
vessel, and renew it through April 15 following the first full calendar 
year after obtaining it, without meeting the earned income requirement 
of paragraph (a)(2)(v) of this section. However, to further renew the 
commercial vessel permit, the owner of the other vessel, or new owner, 
must meet the earned income requirement not later than the first full 
calendar year after the permit transfer takes place.
    (4) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may transfer the permit to the income 
qualifying operator when such operator becomes an owner of a vessel.
    (5) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income requirement of paragraph (a)(2)(v) of this 
section. However, to further renew the commercial vessel permit, the 
owner must meet the earned income requirement not later than the first 
full

[[Page 210]]

calendar year after the operator qualification is removed. To have an 
operator qualification removed from a permit, the owner must return the 
original permit to the RA with an application for the changed permit.
    (6) 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.
    (n) [Reserved]
    (o) Limited access system for king mackerel gillnet permits 
applicable in the southern Florida west coast subzone. 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.
    (1) 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.
    (2) 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.
    (1)-(6) [Reserved]
    (q) Limited access system for commercial vessel permits for king 
mackerel. (1) No applications for additional commercial vessel permits 
for king mackerel will be accepted. Existing vessel permits may be 
renewed, are subject to the restrictions on transfer or change in 
paragraphs (q)(2) through (q)(5) of this section, and are subject to the 
requirement for timely renewal in paragraph (q)(6) of this section.
    (2) 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.
    (3) An owner whose percentage of earned income or gross sales 
qualified him/her for the commercial vessel permit for king mackerel 
issued under this limited access system may request that NMFS transfer 
that permit to the owner of another vessel, or to the new owner when he 
or she transfers ownership of the permitted vessel. Such owner of 
another vessel, or new owner, may receive a commercial vessel permit for 
king mackerel for his or her vessel, and renew it through April 15 
following the first full calendar year after obtaining it, without 
meeting the percentage of earned income or gross sales requirement of 
paragraph (a)(2)(iii) of this section. However, to further renew the 
commercial vessel permit, the owner of the other vessel, or new owner, 
must meet the earned income or gross sales requirement not later than 
the first full calendar year after the permit transfer takes place.
    (4) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may request that NMFS transfer the permit to 
the income-qualifying operator when such operator becomes an owner of a 
vessel.
    (5) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income or gross sales requirement of paragraph 
(a)(2)(iii) of this section. However, to further renew the commercial 
vessel permit, the owner must meet the earned income or gross sales 
requirement not later than the first full calendar year after the 
operator qualification is removed. To have an operator qualification 
removed from a permit, the owner must return the original permit to the 
RA with an application for the changed permit.
    (6) 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.

[[Page 211]]

    (r) Limited access system for charter vessel/headboat permits for 
Gulf coastal migratory pelagic fish and Gulf reef fish. No applications 
for additional charter vessel/headboat permits for Gulf coastal 
migratory pelagic fish or Gulf reef fish will be accepted. Existing 
permits may be renewed, are subject to the restrictions on transfer in 
paragraph (r)(1) of this section, and are subject to the renewal 
requirements in paragraph (r)(2) of this section.
    (1) Transfer of permits--(i) Permits without a historical captain 
endorsement. A charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or Gulf reef fish that does not have a historical captain 
endorsement is fully transferable, with or without sale of the permitted 
vessel, except that no transfer is allowed to a vessel with a greater 
authorized passenger capacity than that of the vessel to which the 
moratorium permit was originally issued, as specified on the face of the 
permit being transferred. An application to transfer a permit to an 
inspected vessel must include a copy of that vessel's current USCG 
Certificate of Inspection (COI). A vessel without a valid COI will be 
considered an uninspected vessel with an authorized passenger capacity 
restricted to six or fewer passengers.
    (ii) Permits with a historical captain endorsement. A charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf 
reef fish that has a historical captain endorsement may only be 
transferred to a vessel operated by the historical captain, cannot be 
transferred to a vessel with a greater authorized passenger capacity 
than that of the vessel to which the moratorium permit was originally 
issued, as specified on the face of the permit being transferred, and is 
not otherwise transferable.
    (iii) Procedure for permit transfer. To request that the RA transfer 
a charter vessel/headboat permit for Gulf coastal migratory pelagic fish 
or 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 paragraph (g)(1) of this section for additional transfer-
related requirements applicable to all permits issued under this 
section.
    (2) Renewal. (i) Renewal of a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish or 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--
    (A) NMFS' Marine Recreational Fishing Vessel Directory Telephone 
Survey (conducted by the Gulf States Marine Fisheries Commission);
    (B) NMFS' Southeast Headboat Survey (as required by Sec. 
622.5(b)(1);
    (C) Texas Parks and Wildlife Marine Recreational Fishing Survey; or
    (D) A data collection system that replaces one or more of the 
surveys in paragraph (r)(2)(i)(A),(B), or (C) of this section.
    (ii) A charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or 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.
    (3) Requirement to display a vessel decal. Upon renewal or transfer 
of a charter vessel/headboat permit for Gulf coastal migratory pelagic 
fish or Gulf reef fish, the RA will issue the owner of the permitted 
vessel a vessel decal for the applicable permitted fishery or fisheries. 
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.
    (s) Moratorium on commercial vessel permits for Gulf shrimp. The 
provisions of this paragraph (s) are applicable through October 26, 
2016.
    (1) Date moratorium permits are required. Beginning March 26, 2007, 
the only valid commercial vessel permits for Gulf shrimp are those 
issued under the moratorium criteria in this paragraph (s).

[[Page 212]]

    (2) Initial eligibility for a moratorium permit. Initial eligibility 
for a commercial vessel moratorium permit for Gulf shrimp is limited to 
a person who
    (i) Owns a vessel that was issued a Federal commercial vessel permit 
for Gulf shrimp on or before December 6, 2003; or
    (ii) On or before December 6, 2003, owned a vessel that was issued a 
Federal commercial vessel permit for Gulf shrimp and, prior to September 
26, 2006, owns a vessel with a Federal commercial permit for Gulf shrimp 
that is equipped for offshore shrimp fishing, is at least 5 net tons 
(4.54 metric tons), is documented by the Coast Guard, and is the vessel 
for which the commercial vessel moratorium permit is being applied.
    (3) Application deadline and procedures. An applicant who desires a 
commercial vessel moratorium permit for Gulf shrimp must submit an 
application to the RA postmarked or hand delivered not later than 
October 26, 2007. After that date, no applications for additional 
commercial vessel moratorium permits for Gulf shrimp will be accepted. 
Application forms are available from the RA. Failure to apply in a 
timely manner will preclude permit issuance even when the applicant 
otherwise meets the permit eligibility criteria.
    (4) Determination of eligibility. NMFS' permit records are the sole 
basis for determining eligibility based on permit history. An applicant 
who believes he/she meets the permit eligibility criteria based on 
ownership of a vessel under a different name, as may have occurred when 
ownership has changed from individual to corporate or vice versa, must 
document his/her continuity of ownership.
    (5) Incomplete applications. If an application that is postmarked or 
hand-delivered in a timely manner is incomplete, 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 notification, the 
application will be considered abandoned.
    (6) Notification of ineligibility. If the applicant does not meet 
the applicable eligibility requirements of paragraph (s)(2) of this 
section, the RA will notify the applicant, in writing, of such 
determination and the reasons for it.
    (7) 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 
paragraph (g)(1) of this section.
    (8) 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 Sec. 
622.5(a)(1)(iii).
    (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.

[61 FR 34937, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
622.4, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 74 FR 50703, Oct. 1, 2009, Sec. 622.4 was 
amended by revising paragraph (a)(2)(viii), and in the first sentence of 
paragraph (g)(1) by removing the words ``commercial vessel permit for 
South Atlantic rock shrimp'' and adding the words ``Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ),'' in their place, effective 
November 2, 2009. For the convenience of the user, the revised text is 
set forth as follows:



Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (viii) South Atlantic rock shrimp. (A) Until January 27, 2010, the 
permit requirements specified in paragraphs (a)(2)(viii)(A)(1) and (2) 
of this section apply.
    (1) For a person aboard a vessel to fish for rock shrimp in the 
South Atlantic EEZ or possess rock shrimp in or from the South Atlantic 
EEZ, a commercial vessel permit for rock shrimp must be issued to the 
vessel and

[[Page 213]]

must be on board. (See paragraph (a)(5) of this section for the 
requirements for operator permits for the South Atlantic rock shrimp 
fishery.)
    (2) In addition, 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 Georgia or off 
Florida, a limited access endorsement for South Atlantic rock shrimp 
must be issued to the vessel and must be on board. See Sec. 622.19 for 
limitations on the issuance, transfer, renewal, and reissuance of a 
limited access endorsement for South Atlantic rock shrimp.
    (B) During January 2010, and prior to January 26, 2010, a currently 
valid (not expired) commercial vessel permit for rock shrimp with an 
expiration date after January 27, 2010, that does not have a limited 
access endorsement for South Atlantic rock shrimp will be replaced by 
the RA with a Commercial Vessel Permit for Rock Shrimp (Carolinas Zone), 
and a currently valid (not expired) commercial vessel permit for rock 
shrimp with an expiration date after January 27, 2010, that has a 
limited access endorsement for South Atlantic rock shrimp will be 
replaced by the RA with a Commercial Vessel Permit for Rock Shrimp 
(South Atlantic EEZ). However, a person with an expired limited access 
endorsement for South Atlantic rock shrimp who desires a Commercial 
Vessel Permit for Rock Shrimp (South Atlantic EEZ) must apply for such a 
permit before the date 1 year after the expiration date of the expired 
limited access endorsement for South Atlantic rock shrimp.
    (C) On and after January 27, 2010, the permit requirements specified 
in paragraphs (a)(2)(viii)(C)(1) and (2) of this section apply.
    (1) 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.
    (2) 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 Sec. 622.19(b) for 
limitations on the issuance, transfer or renewal of a Commercial Vessel 
Permit for Rock Shrimp (South Atlantic EEZ).
    (D) The provisions of paragraph (f) of this section notwithstanding, 
neither a commercial vessel permit for rock shrimp nor a limited access 
endorsement for South Atlantic rock shrimp remains valid on or after 
January 27, 2010.

                                * * * * *



Sec. 622.5  Recordkeeping and reporting.

    Participants in fisheries governed in this part are required to keep 
records and report as follows.
    (a) Commercial vessel owners and operators--(1) Requirements by 
species--(i) Coastal migratory pelagic fish. 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 Sec. 622.4(a)(2)(iii) or (iv), 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.
    (ii) Gulf reef fish. The owner or operator of a vessel for which a 
commercial permit for Gulf reef fish has been issued, as required under 
Sec. 622.4(a)(2)(v), 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 and must submit such record as specified in paragraph (a)(2) of this 
section.
    (iii) Gulf shrimp--(A) 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.
    (B) 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

[[Page 214]]

the SRD. In addition, such owner or operator must provide information 
regarding the size and number of shrimp trawls deployed and the type of 
BRD and turtle excluder device used, as directed by the SRD. Compliance 
with the reporting requirements of this paragraph (a)(1)(iii)(B) is 
required for permit renewal.
    (C) 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.
    (D) 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.
    (iv) South Atlantic snapper-grouper. (A) The owner or operator of a 
vessel for which a commercial permit for South Atlantic snapper-grouper 
has been issued, as required under Sec. 622.4(a)(2)(vi), 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 available from the 
SRD and must submit such record as specified in paragraph (a)(2) of this 
section.
    (B) The wreckfish shareholder under Sec. 622.15, or operator of a 
vessel for which a commercial permit for wreckfish has been issued, as 
required under Sec. 622.4(a)(2)(vii), 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.
    (C) The wreckfish shareholder under Sec. 622.15, or operator of a 
vessel for which a commercial permit for wreckfish has been issued, as 
required under Sec. 622.4(a)(2)(vii), must make available to an 
authorized officer upon request all records of offloadings, purchases, 
or sales of wreckfish.
    (v) South Atlantic golden crab. The owner or operator of a vessel 
for which a commercial permit for golden crab has been issued, as 
required under Sec. 622.4(a)(2)(x), who is selected to report by the 
SRD must maintain a fishing record on a form available from the SRD.
    (vi) Atlantic dolphin and wahoo. The owner or operator of a vessel 
for which a commercial permit for Atlantic dolphin and wahoo has been 
issued, as required under Sec. 622.4 (a)(2)(xii), 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.
    (vii) South Atlantic rock or penaeid shrimp. The owner or operator 
of a vessel for which a commercial permit for South Atlantic rock shrimp 
or South Atlantic penaeid shrimp has been issued, as required under 
Sec. 622.4(a)(2)(viii) or (xiii), respectively, or whose vessel fishes 
for or lands South Atlantic rock shrimp or South Atlantic penaeid shrimp 
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. (i) Completed fishing records required by 
paragraphs (a)(1)(i), (ii), (iv), (vi), and (vii) 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.
    (ii) Reporting forms required in paragraph (a)(1)(v) 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

[[Page 215]]

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) Coastal 
migratory pelagic fish, reef fish, snapper-grouper, and Atlantic dolphin 
and wahoo. The owner or operator of a vessel for which a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish, South Atlantic 
coastal migratory pelagic fish, Gulf reef fish, South Atlantic snapper-
grouper, or Atlantic dolphin and wahoo has been issued, as required 
under Sec. 622.4(a)(1), or whose vessel fishes for or lands such 
coastal migratory pelagic fish, reef fish, snapper-grouper, or Atlantic 
dolphin or wahoo in or from state waters adjoining the applicable Gulf, 
South Atlantic, or 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.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1) of this section for charter vessels 
must be submitted to the SRD weekly, postmarked not 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. Completed fishing records required by paragraph 
(b)(1) of this section for headboats 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.
    (c) Dealers--(1) Coastal migratory pelagic fish. (i) A person who 
purchases coastal migratory pelagic fish from a fishing vessel, or 
person, that fishes for or lands such fish in or from the EEZ or 
adjoining state waters who is selected to report by the SRD must submit 
information on forms provided by the SRD. This information must be 
submitted to the SRD at monthly intervals, postmarked not later than 5 
days after the end of each month. Reporting frequency and reporting 
deadlines may be modified upon notification by the SRD. If no coastal 
migratory pelagic fish were received during a calendar month, a report 
so stating must be submitted on one of the forms, in accordance with the 
instructions on the form, and must be postmarked not later than 5 days 
after the end of the month. The information to be reported is as 
follows:
    (A) Dealer's or processor's name and address.
    (B) County where fish were landed.
    (C) Total poundage of each species received during that month, or 
other requested interval.
    (D) Average monthly price paid for each species.
    (E) Proportion of total poundage landed by each gear type.
    (ii) Alternate SRD. For the purposes of paragraph (c)(1)(i) of this 
section, 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 (see Table 1 of Sec. 600.502 
of this chapter), or a designee.
    (2) Gulf red drum. A dealers or processor who purchases red drum 
harvested from the Gulf who is selected to report by the SRD must report 
to the SRD such information as the SRD may request and in the form and 
manner as the SRD may require. The information required to be submitted 
must include, but is not limited to, the following:
    (i) Dealer's or processor's name and address.
    (ii) State and county where red drum were landed.
    (iii) Total poundage of red drum received during the reporting 
period, by each type of gear used for harvest.
    (3) Gulf reef fish. A person who purchases Gulf reef fish from a 
fishing vessel, or person, that fishes for or lands such fish in or from 
the EEZ or adjoining state waters must maintain records and submit 
information as follows:
    (i) A dealer must maintain at his/her principal place of business a 
record of Gulf reef fish that he/she receives. The record must contain 
the name of each fishing vessel from which reef fish were received and 
the date, species, and

[[Page 216]]

quantity of each receipt. A dealer must retain such record for at least 
1 year after receipt date and must provide such record for inspection 
upon the request of an authorized officer or the SRD.
    (ii) When requested by the SRD, a dealer must provide information 
from his/her record of Gulf reef fish received the total poundage of 
each species received during the month, average monthly price paid for 
each species by market size, and proportion of total poundage landed by 
each gear type. This information must be provided on forms available 
from the SRD and must be submitted to the SRD at monthly intervals, 
postmarked not later than 5 days after the end of the month. Reporting 
frequency and reporting deadlines may be modified upon notification by 
the SRD. If no reef fish were received during a calendar month, a report 
so stating must be submitted on one of the forms, postmarked not later 
than 5 days after the end of the month.
    (iii) The operator of a car or truck that is used to pick up from a 
fishing vessel reef fish harvested from the Gulf must maintain a record 
containing the name of each fishing vessel from which reef fish on the 
car or truck have been received. The vehicle operator must provide such 
record for inspection upon the request of an authorized officer.
    (4) Gulf shrimp. 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:
    (i) Name and official number of the vessel from which shrimp were 
received or the name of the person from whom shrimp were received, if 
received from other than a vessel.
    (ii) Amount of shrimp received by species and size category for each 
receipt.
    (iii) Exvessel value, by species and size category, for each 
receipt.
    (5) South Atlantic snapper-grouper. (i) A person who purchases South 
Atlantic snapper-grouper that were harvested from the EEZ or from 
adjoining state waters and who is selected to report by the SRD and a 
dealer who has been issued a dealer permit for wreckfish, as required 
under Sec. 622.4(a)(4), must provide information on receipts of South 
Atlantic snapper-grouper and prices paid, by species, on forms available 
from the SRD. The required information must be submitted to the SRD at 
monthly intervals, postmarked not later than 5 days after the end of the 
month. Reporting frequency and reporting deadlines may be modified upon 
notification by the SRD. If no South Atlantic snapper-grouper were 
received during a calendar month, a report so stating must be submitted 
on one of the forms, postmarked not later than 5 days after the end of 
the month. However, during complete months encompassed by the wreckfish 
spawning-season closure (that is, February and March), a wreckfish 
dealer is not required to submit a report stating that no wreckfish were 
received.
    (ii) A dealer reporting South Atlantic snapper-grouper other than 
wreckfish may submit the information required in paragraph (c)(5)(i) of 
this section via facsimile (fax).
    (iii) A dealer who has been issued a dealer permit for wreckfish, as 
required under Sec. 622.4(a)(4), must make available to an authorized 
officer upon request all records of offloadings, purchases, or sales of 
wreckfish.
    (6) South Atlantic golden crab. A dealer who receives from a fishing 
vessel golden crab harvested from the South Atlantic EEZ and who is 
selected by the SRD must provide information on receipts of, and prices 
paid for, South Atlantic golden crab to the SRD at monthly intervals, 
postmarked not later than 5 days after the end of each month. Reporting 
frequency and reporting deadlines may be modified upon notification by 
the SRD.
    (7) South Atlantic rock shrimp. (i) A dealer who has been issued a 
permit for rock shrimp, as required under Sec. 622.4(a)(4), and who is 
selected by the SRD must provide information on receipts of rock shrimp 
and prices paid on forms available from the SRD. The required 
information must be submitted to the SRD at monthly intervals postmarked 
not later than 5 days after the end of each month. Reporting frequencies 
and reporting deadlines

[[Page 217]]

may be modified upon notification by the SRD.
    (ii) On demand, a dealer who has been issued a dealer permit for 
rock shrimp, as required under Sec. 622.4(a)(4), must make available to 
an authorized officer all records of offloadings, purchases, or sales of 
rock shrimp.
    (8) Atlantic dolphin and wahoo. (i) A dealer who has been issued a 
permit for Atlantic dolphin and wahoo, as required under Sec. 
622.4(a)(4), and who is selected by the SRD must provide information on 
receipts of Atlantic dolphin and wahoo and prices paid on forms 
available from the SRD. The required information must be submitted to 
the SRD at monthly intervals postmarked not later than 5 days after the 
end of each month. Reporting frequencies and reporting deadlines may be 
modified upon notification by the SRD.
    (ii) For the purposes of paragraph (c)(8)(i) of this section, 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, (see Table 1 of Sec. 600.502 of this chapter), or 
a designee.
    (iii) On demand, a dealer who has been issued a dealer permit for 
Atlantic dolphin and wahoo, as required under Sec. 622.4(a)(4), must 
make available to an authorized officer all records of offloadings, 
purchases, or sales of dolphin and wahoo.
    (d) 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.
    (e) Additional data and inspection. 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 upon request.
    (f) 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 paragraph (a) or (b) of this section 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.

[61 FR 34940, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept. 9, 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 
28, 1998; 64 FR 59126, Nov. 2, 1999; 64 FR 68935, Dec. 9, 1999; 67 FR 
43565, June 28, 2002; 69 FR 30241, May 27, 2004; 70 FR 73387, Dec. 12, 
2005; 71 FR 56047, Sept. 26, 2006; 73 FR 410, Jan. 3, 2008]

    Effective Date Note: At 74 FR 50704, Oct. 1, 2009, Sec. 622.5 was 
amended by revising paragraph (a)(1)(vii), effective November 2, 2009. 
For the convenience of the user, the revised text is set forth as 
follows:



Sec. 622.5  Recordkeeping and reporting.

                                * * * * *

    (a) * * *
    (1) * * *

                                * * * * *

    (vii) South Atlantic shrimp. The owner or operator of a vessel that 
fishes for shrimp in

[[Page 218]]

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.

                                * * * * *



Sec. 622.6  Vessel and gear identification.

    (a) Vessel identification--(1) Applicability--(i) Official number. A 
vessel for which a permit has been issued under Sec. 622.4, and a 
vessel that fishes for or possesses pelagic sargassum in the South 
Atlantic EEZ, must display its official number--
    (A) 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.
    (B) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (C) 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.
    (ii) Official number and color code. The following vessels must 
display their official number as specified in paragraph (a)(1)(i) 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 Sec. 622.4(a)(2)(vi); 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--
    (A) 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.
    (B) In the form of a circle permanently affixed to or painted on the 
vessel.
    (C) 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.
    (2) Duties of operator. The operator of a vessel specified in 
paragraph (a)(1) 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.
    (b) Gear identification--(1) Traps/pots and associated buoys--(i) 
Traps or pots--(A) Caribbean EEZ. A fish trap or 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.
    (B) Gulf and South Atlantic EEZ. A sea bass pot used or possessed in 
the South Atlantic EEZ between 35[deg]15.19[min] N. lat. (due east of 
Cape Hatteras Light, NC) and 28[deg]35.1[min] N. lat. (due east of the 
NASA Vehicle Assembly 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. 
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.
    (ii) Associated buoys. A buoy that is attached to a trap or pot must 
display the official number and assigned color code so as to be easily 
distinguished, located, and identified as follows:
    (A) Caribbean EEZ. Traps or pots used in the Caribbean spiny lobster 
or Caribbean reef fish fisheries that are fished

[[Page 219]]

individually, rather than tied together in a trap line, must have at 
least one buoy attached that floats on the surface. Traps or pots used 
in the Caribbean spiny lobster or Caribbean reef fish fisheries 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.
    (B) South Atlantic EEZ. 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. However, no color code is 
required on a buoy attached to a golden crab trap.
    (iii) Presumption of ownership. A Caribbean spiny lobster trap, a 
fish trap, a golden crab trap, or 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 traps and pots that are 
lost or sold if the owner reports the loss or sale within 15 days to the 
RA.
    (iv) Unmarked traps, pots, or buoys. An unmarked Caribbean spiny 
lobster trap, a fish trap, a golden crab trap, a sea bass pot, or a buoy 
deployed in the EEZ where such trap, 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.
    (2) 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[deg]20.4[min] 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.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 63 
FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR 59126, Nov. 2, 
1999; 65 FR 52957, Aug. 31, 2000; 67 FR 22362, May 3, 2002; 67 FR 51078, 
Aug. 7, 2002; 68 FR 57378, Oct. 3, 2003; 70 FR 62080, Oct. 28, 2005; 73 
FR 410, Jan. 3, 2008]

    Effective Date Note: At 74 FR 50704, Oct. 1, 2009, Sec. 622.6 was 
amended by revising the heading for paragraph (b)(1)(i)(B), effective 
November 2, 2009. For the convenience of the user, the revised text is 
set forth as follows:



Sec. 622.6  Vessel and gear identification.

                                * * * * *

    (b) * * *
    (1) * * *
    (i) * * *
    (B) South Atlantic EEZ. * * *

                                * * * * *



Sec. 622.7  Prohibitions.

    In addition to the general prohibitions in Sec. 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 Sec. 622.4 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 
Sec. 622.4(b), (g), (p), (q), or (r) or in Sec. Sec. 622.18 or 622.19.
    (c) Fail to display a permit, license, or endorsement, or other 
required identification, as specified in Sec. 622.4(i).
    (d) Falsify or fail to maintain, submit, or provide information or 
fail to comply with inspection requirements or restrictions, as 
specified in Sec. 622.5(a) through (f).
    (e) Fail to make a fish, or parts thereof, available for inspection, 
as specified in Sec. 622.5(e).
    (f) Falsify or fail to display and maintain vessel and gear 
identification, as specified in Sec. 622.6(a) and (b) or Sec. 
622.4(r)(11).
    (g) Fail to comply with any requirement or restriction regarding ITQ 
coupons, as specified in Sec. 622.15(c)(3), (c)(5), (c)(6), or (c)(7).

[[Page 220]]

    (h) Possess wreckfish as specified in Sec. 622.15(c)(4), receive 
wreckfish except as specified in Sec. 622.15(c)(7), or offload a 
wreckfish except as specified in Sec. 622.15 (d)(3) and (d)(4).
    (i) Transfer--
    (1) A wreckfish, as specified in Sec. 622.15(d)(1);
    (2) A limited-harvest species, as specified in Sec. 622.32(c) 
introductory text;
    (3) A species/species group subject to a bag limit, as specified 
Sec. 622.39(a)(1);
    (4) South Atlantic snapper-grouper from a vessel with unauthorized 
gear on board, as specified in Sec. 622.41(d)(2)(iii); or
    (5) A species subject to a commercial trip limit, as specified in 
Sec. 622.44.
    (j) Use or possess prohibited gear or methods or possess fish in 
association with possession or use of prohibited gear, as specified in 
Sec. 622.31.
    (k) 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, or molest or 
strip eggs from a Caribbean spiny lobster, as specified in Sec. 622.32.
    (l) 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 Sec. 
622.33, Sec. 622.34, or Sec. 622.35, or as may be specified under 
Sec. 622.46 (b) or (c).
    (m) Harvest, possess, offload, sell, or purchase fish in excess of 
the seasonal harvest limitations, as specified in Sec. 622.36.
    (n) Except as allowed under Sec. 622.37(c) (2) and (3) for king and 
Spanish mackerel, possess undersized fish, fail to release undersized 
fish, or sell or purchase undersized fish, as specified in Sec. 622.37.
    (o) Fail to maintain a fish intact through offloading ashore, as 
specified in Sec. 622.38.
    (p) Exceed a bag or possession limit, as specified in Sec. 622.39.
    (q) Fail to comply with the limitations on traps and pots, including 
but not limited to: Tending requirements, constructions requirements, 
and area specific restrictions, as specified in Sec. 622.40.
    (r) Fail to comply with the species-specific limitations, as 
specified in Sec. 622.41.
    (s) Fail to comply with the restrictions that apply after closure of 
a fishery, as specified in Sec. 622.43.
    (t) Possess on board a vessel or land, purchase, or sell fish in 
excess of the commercial trip limits, as specified in Sec. 622.44.
    (u) Fail to comply with the restrictions on sale/purchase, as 
specified in Sec. 622.45.
    (v) Interfere with fishing or obstruct or damage fishing gear or the 
fishing vessel of another, as specified in Sec. 622.46(a).
    (w) Fail to comply with the requirements for observer coverage as 
specified in Sec. 622.8.
    (x) Assault, resist, oppose, impede, intimidate, or interfere with a 
NMFS-approved observer aboard a vessel.
    (y) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from conducting his or her 
duties aboard a vessel.
    (z) 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 Sec. 
622.17(b).
    (aa) Falsify information submitted regarding an application for 
testing a BRD or regarding testing of a BRD, as specified in Sec. 
622.41(g)(3)(i) or (h)(3).
    (bb) 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.
    (cc) 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 Sec. 622.4(a)(5)(i) through (iv).
    (dd) 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.

[[Page 221]]

    (ee) Fail to comply with any provision related to a vessel 
monitoring system as specified in Sec. 622.9, 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.
    (ff) Fail to comply with the protected species conservation measures 
as specified in Sec. 622.10.
    (gg) Fail to comply with any provision related to the Gulf red 
snapper IFQ program as specified in Sec. 622.16, or the IFQ program for 
Gulf groupers and tilefishes as specified in Sec. 622.20.
    (hh) Falsify any information required to be submitted regarding the 
Gulf red snapper IFQ program as specified in Sec. 622.16, or the IFQ 
program for Gulf groupers and tilefishes as specified in Sec. 622.20.
    (ii) Fail to comply with the Caribbean spiny lobster import 
prohibitions, as specified in Sec. 622.50.

[61 FR 34934, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
622.7, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 622.8  At-sea observer coverage.

    (a) Required coverage--(1) Pelagic sargassum. A vessel that harvests 
or possesses pelagic sargassum on any trip in the South Atlantic EEZ 
must carry a NMFS-approved observer.
    (2) Golden crab. 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.
    (3) Gulf reef fish. 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)(3).
    (4) South Atlantic rock or penaeid shrimp. A vessel for which a 
Federal 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.
    (5) Gulf shrimp. 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)(5).
    (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.

[61 FR 43957, Aug. 27, 1996, as amended at 63 FR 57590, Oct. 28, 1998; 
68 FR 57378, Oct. 3, 2003; 70 FR 32272, June 2, 2005; 70 FR 73387, Dec. 
12, 2005; 71 FR 56047, Sept. 26, 2006]



Sec. 622.9  Vessel monitoring systems (VMSs).

    (a) Requirements for use of a VMS--(1) South Atlantic rock shrimp. 
An owner or operator of a vessel that has been issued a limited access 
endorsement for

[[Page 222]]

South Atlantic rock shrimp 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.
    (2) Gulf reef fish. The VMS requirements of this paragraph (a)(2) 
apply throughout the Gulf of Mexico and adjacent states.
    (i) 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 (a)(2)(iv) 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 fishery.
    (ii) Hourly reporting requirement. An owner or operator of a vessel 
subject to the requirements of paragraph (a)(2) 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 (a)(2)(iii) or (iv) of this 
section.
    (iii) 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 
(a)(2)(ii) of this section. Once the vessel is no longer in port, the 
hourly reporting requirement specified in paragraph (a)(2)(ii) of this 
section applies. For the purposes of this paragraph (a)(2) 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.
    (iv) 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)(2)(i) of this section can be exempted from that 
requirement and may power down the required VMS unit if--
    (A) The vessel will be continuously out of the water or in port, as 
defined in paragraph (a)(2)(iii) of this section, for more than 72 
consecutive hours;
    (B) 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 (a)(2)(iv)(C) and (D) of this section.
    (C) 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

[[Page 223]]

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
    (D) 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.
    (v) Declaration of fishing trip and gear. Prior to departure for 
each trip, a vessel owner or operator must report 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.
    (b) Installation and activation of a VMS. Only a VMS that has been 
approved by NMFS for the applicable 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 13\th\ Avenue 
South, St. Petersburg, FL 33701; phone: 800-758-4833; and
    (2) Submit to NMFS Office for Law Enforcement, Southeast Region, 263 
13\th\ 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 
13\th\ Avenue South, St. Petersburg, FL 33701, a vendor-completed 
installation certification checklist, which is available from NMFS 
Office for Law Enforcement, Southeast Region, 263 13\th\ 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 13\th\ 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.

[71 FR 45434, Aug. 9, 2006, as amended at 72 FR 73273, Dec. 27, 2007; 73 
FR 410, Jan. 3, 2008]

    Effective Date Note: At 74 FR 50704, Oct. 1, 2009, Sec. 622.9 was 
amended by revising the first sentence of paragraph (a)(1), effective 
November 2, 2009. For the convenience of the user, the revised text is 
set forth as follows:



Sec. 622.9  Vessel monitoring systems (VMSs).

    (a) Requirements for use of a VMS--(1) South Atlantic rock shrimp. 
An owner or operator of a vessel that has been issued a limited access 
endorsement for South Atlantic rock shrimp 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. * * *

                                * * * * *



Sec. 622.10  Conservation measures for protected resources.

    (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 Sec. 622.4(a)(2)(xii), and 
that has on board a pelagic longline must post inside the

[[Page 224]]

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 Sec. 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.
    (b) Gulf reef fish commercial vessels and charter vessels/
headboats--(1) Sea turtle 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 Sec. Sec. 622.4(a)(2)(v) and 622.4(a)(1)(i), 
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. Those permitted vessels with a freeboard height of 4 
ft (1.2 m) or less must have on board a dipnet, 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 50 CFR 
635.21(c)(5)(i)(E) through (L) with the following modifications: the 
dipnet handle can be of variable length, only one NMFS approved short-
handled dehooker is required (i.e., CFR 635.21(c)(5)(i)(G) or (H)); and 
life rings, seat cushions, life jackets, and life vests may be used as 
alternatives to tires for cushioned surfaces as specified in 50 CFR 
635.21(c)(5)(i)(F). Those permitted vessels with a freeboard height of 
greater than 4 ft (1.2 m) must have on board a dipnet, long-handled line 
clipper, a short-handled and a long-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 50 CFR 635.21(c)(5)(i)(A) through (L) 
with the following modifications: only one NMFS approved long-handled 
dehooker (50 CFR 635.21(c)(5)(i)(B) or (C)) and one NMFS-approved short-
handled dehooker (50 CFR 635.21(c)(5)(i)(G) or (H)) are required; and 
life rings, seat cushions, life jackets, and life vests may be used as 
alternatives to tires for cushioned surfaces as specified in 50 CFR 
635.21(c)(5)(i)(F).
    (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 Sec. Sec. 622.4(a)(2)(v) and 622.4(a)(1)(i), 
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.

[71 FR 45435, Aug. 9, 2006]



                      Subpart B_Effort Limitations



Sec. 622.15  Wreckfish individual transferable quota (ITQ) system.

    The provisions of this section apply to wreckfish in or from the 
South Atlantic EEZ.
    (a) Percentage shares. (1) 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 have been assigned. Each person has been notified by the RA of 
his or her percentage share and shareholder certificate number.
    (2) All or a portion of a person's percentage shares may be 
transferred to another person. Transfer of shares must be reported on a 
form available

[[Page 225]]

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. The confirmation date will normally be not later than 3 working 
days after receipt of a properly completed transfer form. A fee is 
charged for each transfer of shares. The amount of the 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 provided by NOAA to non-Federal recipients. 
The fee may not exceed such costs and is specified with each transfer 
form. The appropriate fee must accompany each transfer form.
    (b) Lists of wreckfish shareholders and permitted vessels. 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. 
Annually by April 15, the RA will provide each dealer who holds a dealer 
permit for wreckfish, as required under Sec. 622.4(a)(4), with a list 
of vessels for which wreckfish permits have been issued, as required 
under Sec. 622.4(a)(2)(vii). Annually, by April 15, the RA will provide 
each wreckfish shareholder with a list of dealers who have been issued 
dealer permits for wreckfish. From April 16 through January 14, updated 
lists will be provided when required. Updated lists may be obtained at 
other times or by a person who is not a wreckfish shareholder or 
wreckfish dealer permit holder by written request to the RA.
    (c) ITQs. (1) Annually, as soon after March 1 as the TAC 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--
    (i) In an amount exceeding the total of the ITQ coupons on board the 
vessel;
    (ii) That does not have on board a commercial vessel permit for 
wreckfish, as required under Sec. 622.4(a)(2)(vii); or
    (iii) That does not have on board logbook forms for that fishing 
trip, as required under Sec. 622.5(a)(1)(iv)(B).
    (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 Sec. 
622.5(a)(1)(iv)(B) 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. A 
wreckfish may be transferred only to a dealer who holds a dealer permit 
for wreckfish, as required under Sec. 622.4(a)(4).

[[Page 226]]

    (7) A dealer may receive a wreckfish only from a vessel for which a 
commercial permit for wreckfish has been issued, as required under Sec. 
622.4(a)(2)(vii). A dealer must receive the ``Fish 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 dealer reports required by Sec. 
622.5(c)(5)(i).
    (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 may be offloaded from a fishing vessel only between 
8 a.m. and 5 p.m., local time.
    (4) If a wreckfish is to be offloaded at a location other than a 
fixed facility of a dealer who holds a dealer permit for wreckfish, as 
required under Sec. 622.4 (a)(4), the wreckfish shareholder or the 
vessel operator must advise 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.

[61 FR 34934, July 3, 1996, as amended at 64 FR 59126, Nov. 2, 1999; 73 
FR 410, Jan. 3, 2008]



Sec. 622.16  Gulf red snapper individual fishing quota (IFQ) program.

    (a) General. This section establishes an IFQ program for the 
commercial fishery for Gulf red snapper. Under the IFQ program, the RA 
initially will assign eligible participants IFQ shares equivalent to a 
percentage of the annual commercial red snapper quota, based on their 
applicable historical landings. 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. 
Shares and annual IFQ allocation are transferable. See Sec. 
622.4(a)(2)(ix) regarding a requirement for a vessel landing red snapper 
subject to this IFQ program to have a Gulf red snapper IFQ vessel 
account. See Sec. 622.4(a)(4)(ii) 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 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 Sec. 622.4(a)(2)(ix) or 
for a person with a Gulf IFQ dealer endorsement as required by Sec. 
622.4(a)(4)(ii), 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 online account to 
participate. 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

[[Page 227]]

IFQ online 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 online 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.
    (b) Procedures for initial implementation--(1) Determination of 
eligibility for initial IFQ shares. To be eligible as an initial IFQ 
shareholder a person must own a Class 1 or Class 2 Gulf red snapper 
license as of November 22, 2006. For the purposes of this paragraph, an 
owner of a license is defined as the person who controls transfer of the 
license and is listed as the qualifier on the face of the license. NMFS' 
permit records are the sole basis for determining eligibility based on 
Class 1 or Class 2 license history. No more than one initial eligibility 
will be granted based upon a given Class 1 or Class 2 license.
    (2) Calculation of initial IFQ shares and allocation--(i) IFQ 
shares. The RA will calculate initial IFQ shares based on the highest 
average annual landings of Gulf red snapper associated with each 
shareholder's current Class 1 or Class 2 license during the applicable 
landings history. The applicable landings history for a Class 1 license 
owner whose license was not issued based on historical captain status 
includes any 10 consecutive years of landings data from 1990 through 
2004; for a Class 1 license owner whose license was issued on the basis 
of historical captain status, all years of landings data from 1998 
through 2004; and for a Class 2 license holder, any 5 years of landings 
data from 1998 through 2004. All landings associated with a current 
Class 1 or Class 2 license for the applicable landings history, 
including those reported by a person who held the license prior to the 
current license owner, will be attributed to the current license owner. 
Only legal landings reported in compliance with applicable state and 
Federal regulations will be accepted. Each shareholder's initial share 
is derived by dividing the shareholder's highest average annual landings 
during the applicable landings history by the sum of the highest average 
annual landings of all shareholders during the respective applicable 
landings histories. Initial IFQ shares will not be issued in 
denominations of less than 0.0001 percent.
    (ii) Initial share set-aside to accommodate resolution of appeals. 
During the first year of implementation of this IFQ program only, the RA 
will reserve a 3-percent IFQ share, prior to the initial distribution of 
shares, to accommodate resolution of appeals, if necessary. Any portion 
of the 3-percent share remaining after the appeals process is completed 
will be distributed as soon as possible among initial shareholders in 
direct proportion to the percentage share each was initially allocated. 
If resolution of appeals requires more than a 3-percent share, the 
shares

[[Page 228]]

of all initial shareholders would be reduced accordingly in direct 
proportion to the percentage share each was initially allocated.
    (iii) 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 annual commercial quota 
for Gulf red snapper.
    (3) Shareholder notification regarding landings history, initial 
determination of IFQ shares and allocations, and IFQ account setup 
information. (i) As soon as possible after November 22, 2006, the RA 
will mail each Class 1 or Class 2 red snapper license owner information 
pertinent to the IFQ program. This information will include--
    (A) Gulf red snapper landings associated with the owner's license 
during each year of the applicable landings history;
    (B) The highest average annual red snapper landings based on the 
owner's applicable landings history;
    (C) The owner's initial IFQ share based on the highest average 
annual landings associated with the owner's applicable landings history;
    (D) The initial IFQ allocation;
    (E) Instructions for appeals;
    (F) General instructions regarding procedures related to the IFQ 
online system, including how to set up an online account; and
    (G) A user identification number--the personal identification number 
(PIN) will be provided in a subsequent letter.
    (ii) The RA will provide this information, via certified mail return 
receipt requested, to the license owner's address of record as listed in 
NMFS' permit files. A license owner who does not receive such 
notification from the RA by December 22, 2006 must contact the RA to 
clarify eligibility status and landings and initial share information.
    (iii) The initial share information provided by the RA is based on 
the highest average landings associated with the owner's applicable 
landings history; however, a license owner may select a different set of 
years of landings, consistent with the owner's applicable landings 
history, for the calculation of the initial IFQ share. The license owner 
must submit that information to the RA postmarked no later than December 
22, 2006. If alternative years, consistent with the applicable landings 
history, are selected, revised information regarding shares and 
allocations will be posted on the online IFQ accounts no later than 
January 1, 2007. A license owner who disagrees with the landings or 
eligibility information provided by the RA may appeal the RA's initial 
determinations.
    (4) Procedure for appealing IFQ eligibility and/or landings 
information. The only items subject to appeal under this IFQ system are 
initial eligibility for IFQ shares based on ownership of a Class 1 or 
Class 2 license, the accuracy of the amount of landings, and correct 
assignment of landings to the license owner. Appeals based on hardship 
factors will not be considered. Appeals must be submitted to the RA 
postmarked no later than April 1, 2007 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 decision.
    (i) Eligibility appeals. NMFS' records of Class 1 and Class 2 
licenses are the sole basis for determining ownership of such licenses. 
A person who believes he/she meets the permit eligibility criteria based 
on ownership of a vessel under a different name, as may have occurred 
when ownership has changed from individual to corporate or vice versa, 
must document his/her continuity of ownership.
    (ii) Landings appeals. Landings data for 1990 through 1992 are not 
subject to appeal. Appeals regarding landings data for 1993 through 2004 
will be based solely on NMFS' logbook records. If NMFS' logbooks are not 
available, state landings records or data that were submitted in 
compliance with applicable Federal and state regulations, on or before 
June 30, 2005, can be used.
    (5) Dealer notification and IFQ account setup information. As soon 
as possible after November 22, 2006, the RA will mail each dealer with a 
valid Gulf reef fish dealer permit information pertinent to the IFQ 
program. Any such dealer is eligible to receive a red

[[Page 229]]

snapper IFQ dealer endorsement which can be downloaded from the IFQ 
website at ifq.sero.nmfs.noaa.gov once an IFQ account has been 
established. The information package will include general information 
about the IFQ program and instructions for accessing the IFQ website and 
establishing an IFQ dealer account.
    (c) IFQ operations and requirements--(1) IFQ Landing and transaction 
requirements. (i) Gulf red snapper subject to this IFQ program can only 
be possessed or landed by a vessel with a Gulf red snapper IFQ vessel 
account with allocation at least equal to the pounds of red snapper on 
board, except as provided in paragraph (c)(1)(ii) of this section. Such 
red snapper can only be received by a dealer with a Gulf IFQ dealer 
endorsement.
    (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 is responsible for completing a landing transaction 
report for each landing and sale of Gulf red snapper via the IFQ website 
at ifq.sero.nmfs.noaa.gov at the time of the transaction in accordance 
with reporting form and instructions provided on the website. This 
report includes, but is not limited to, date, time, and location of 
transaction; weight and actual ex-vessel value of red snapper landed and 
sold; 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 number when the 
transaction report is submitted. After the dealer submits the report and 
the information has been verified, the website 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) may initiate a landing transaction correction form 
to correct the landing transaction. This form is available via the IFQ 
website at ifq.sero.nmfs.noaa.gov. Both parties must validate the 
landing correction form by entering their respective PIN numbers, i.e. 
vessel account PIN or dealer account PIN. 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.
    (2) IFQ cost recovery fees. As required by section 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. 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 
value of Gulf red snapper landed 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.

[[Page 230]]

    (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 message via the IFQ 
website 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.
    (3) Measures to enhance IFQ program enforceability--(i) Advance 
notice of landing. 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 12 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 where the red snapper are to 
be received. The vessel landing red snapper must have sufficient IFQ 
allocation in the IFQ vessel account, at least equal to the pounds in 
gutted weight of red snapper on board (except for any overage up to the 
10 percent allowed on the last fishing trip) from the time of the 
advance notice of landing through landing. Authorized methods for 
contacting NMFS and submitting the report include calling NMFS Office 
for Law Enforcement at 1-866-425-7627, completing and submitting to NMFS 
the notification form provided through the VMS unit, or providing the 
required information to NMFS through the web-based form available on the 
IFQ website at ifq.sero.nmfs.noaa.gov. As new technology becomes 
available, NMFS will add other authorized methods for complying with the 
advance notification requirement, via appropriate rulemaking. Failure to 
comply with this advance notice of landing requirement is unlawful and 
will preclude authorization to complete the landing transaction report 
required in paragraph (c)(1)(iii) of this section and, thus, will 
preclude issuance of the required transaction approval code.
    (ii) Time restriction on offloading. IFQ red snapper may be 
offloaded only between 6 a.m. and 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 transportation to a dealer or are on a 
vessel that is trailered for transport to a dealer, 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

[[Page 231]]

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 to a 
dealer.
    (v) Approved landing locations. Landing locations must be approved 
by NMFS Office for Law Enforcement prior to landing or offloading at 
these sites. Proposed landing locations may be submitted online via the 
IFQ website at ifq.sero.nmfs.noaa.gov, 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 be publicly accessible by land and water, 
and
    (B) they 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.
    (4) 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 to any 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 website. An IFQ shareholder must initiate a share 
transfer request by logging onto the IFQ website at 
ifq.sero.nmfs.noaa.gov. Following the instructions provided on the 
website, 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 0.0001 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 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 (c)(6) of this section. Thereafter, share transferee 
eligibility will be extended to 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 can not

[[Page 232]]

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 website. An IFQ account holder must 
initiate an allocation transfer by logging onto the IFQ website at 
ifq.sero.nmfs.noaa.gov, 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 confirming 
the transaction.
    (5) Restricted transactions during the 12-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 6 a.m. eastern time the following fishing year. 
The remaining 6 hours prior to the end of the fishing year, and the 6 
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 12 
hours. An advance notice of landing may still be submitted during the 
12-hour maintenance window by calling IFQ Customer Service at 1-866-425-
7627.
    (6) 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.
    (7) Redistribution of shares resulting from permanent permit or 
endorsement revocation. If a shareholder's commercial vessel permit for 
Gulf reef fish has been permanently revoked under provisions of 15 CFR 
part 904, 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.

[[Page 233]]

    (8) Annual recalculation and notification of IFQ shares and 
allocation. On or about January 1 each year, IFQ shareholders will be 
notified, via the IFQ website at ifq.sero.nmfs.noaa.gov, of their IFQ 
share and allocation 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 applicable permits under 15 CFR part 904. 
Allocation is calculated by multiplying IFQ share times the annual red 
snapper commercial quota. 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 (c)(1)(ii) of this section. IFQ 
participants can monitor the status of their shares and allocation 
throughout the year via the IFQ website.

[71 FR 67459, Nov. 22, 2006, as amended at 72 FR 73274, Dec. 27, 2007; 
73 FR 410, Jan. 3, 2008; 73 FR 68361, Nov. 18, 2008; 74 FR 44743, Aug. 
31, 2009]



Sec. 622.17  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[deg] N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 28[deg] N. lat. to 
25[deg] N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25[deg] 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 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[deg]15[min] N. lat., 
on the south by 24[deg]07[min] N. lat., on the east by 81[deg]22[min] W. 
long., and on the west by 81[deg]56[min] 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

[[Page 234]]

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. (i) 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, except as specified in 
paragraph (b)(4)(ii) of this section. 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.
    (ii) [Reserved]
    (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 Sec. 622.4(h) for the applicable 
general procedures and requirements for permit renewals.

[67 FR 22361, May 3, 2002, as amended at 70 FR 73388, Dec. 12, 2005; 73 
FR 410, Jan. 3, 2008]



Sec. 622.18  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 from one to another of 
the following: 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 60 days of the 
permit's expiration date.

[70 FR 73388, Dec. 12, 2005]

[[Page 235]]



Sec. 622.19  South Atlantic rock shrimp limited access.

    (a) Applicability. 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 Georgia or off 
Florida, a limited access endorsement for South Atlantic rock shrimp 
must be issued to the vessel and must be on board.
    (b) Transfer of an endorsement. A limited access endorsement for 
South Atlantic rock shrimp is valid only for the vessel and owner named 
on the permit/endorsement. To change either the vessel or the owner, an 
application for transfer must be submitted to the RA. An owner of a 
vessel with an endorsement may request that the RA transfer the 
endorsement 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 an endorsement under this paragraph will include the 
transfer of the 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 limited access endorsement 
for South Atlantic rock shrimp 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.
    (d) Non-renewal of inactive endorsements. In addition to the 
sanctions and denials specified in Sec. 622.4(j)(1), a limited access 
endorsement for South Atlantic rock shrimp that is inactive for a period 
of 4 consecutive calendar years will not be renewed. For the purpose of 
this paragraph, ``inactive'' means that the vessel with the endorsement 
has not landed at least 15,000 lb (6,804 kg) of rock shrimp from the 
South Atlantic EEZ in a calendar year.
    (e) Reissuance of non-renewed permits. A permit that is not renewed 
under paragraph (d) of this section will be made available to a vessel 
owner randomly selected from a list of owners who had documented 
landings of rock shrimp from the South Atlantic EEZ prior to 1996 but 
who did not qualify for an initial limited access endorsement. Owners' 
names have been placed on the list in accordance with the procedures 
specified in the FMP for the Shrimp Fishery of the South Atlantic 
Region.

[70 FR 73388, Dec. 12, 2005]

    Effective Date Note: At 74 FR 50704, Oct. 1, 2009, Sec. 622.19 was 
revised, effective November 2, 2009. For the convenience of the user, 
the revised text is set forth as follows:



Sec. 622.19  South Atlantic rock shrimp limited access off Georgia and 
          Florida.

    (a) Initial applicability. (1) The measures in paragraph (a) of this 
section are applicable on November 2, 2009 through January 26, 2010.
    (2) 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 Georgia or off Florida, a limited 
access endorsement for South Atlantic rock shrimp must be issued to the 
vessel and must be on board.
    (3) A limited access endorsement for South Atlantic rock shrimp is 
valid only for the vessel and owner named on the permit/endorsement. 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 an 
endorsement may request that the RA transfer the endorsement 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 an 
endorsement under this paragraph will include the transfer of the 
vessel's entire catch history of South Atlantic rock shrimp to a new 
owner; no partial transfers are allowed. No transfer of a limited access 
endorsement for South Atlantic rock shrimp will be allowed after 
November 2, 2009.
    (4) The RA will not reissue a limited access endorsement for South 
Atlantic rock shrimp 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.
    (b) Subsequent applicability. (1) The measures in paragraph (b) of 
this section are applicable on and after January 27, 2010.
    (2) 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.
    (3) Applications. No applications for additional Commercial Vessel 
Permits for Rock Shrimp (South Atlantic EEZ) will be accepted, except as 
follows:
    (i) Failure to renew. An owner of a vessel may apply for a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) and such 
permit will be issued provided the owner,

[[Page 236]]

    (A) Had a limited access endorsement for South Atlantic rock shrimp;
    (B) Failed to request renewal of his or her endorsement within 1 
year after the endorsement's expiration date; and
    (C) Renewed his or her commercial vessel permit for rock shrimp 
within 1 year after its expiration date.
    (ii) Inactive endorsement. An owner of a vessel may apply for a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) and such 
permit will be issued provided the owner,
    (A) Has a commercial vessel permit for rock shrimp;
    (B) Had a limited access endorsement for South Atlantic rock shrimp 
and;
    (C) Was unable to renew the endorsement because the endorsement was 
``inactive'' for a period of 4 consecutive calendar years. ``Inactive'' 
means that the vessel with the endorsement did not land at least 15,000 
lb (6,804 kg) of rock shrimp from the South Atlantic EEZ in a calendar 
year.
    (iii) Application period. Applications under paragraph (b)(3) of 
this section must be received by NMFS by January 27, 2011.
    (iv) Continuity of ownership. An applicant who believes he or she 
meets the permit eligibility criteria based on ownership of a vessel 
under a different name, as may have occurred when ownership has changed 
from individual to corporate or vice versa, must document his or her 
continuity of ownership.
    (c) 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 vessel's entire catch history of South Atlantic rock shrimp to a new 
owner; no partial transfers are allowed.
    (d) 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.
    (e) 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.



Sec. 622.20  Individual fishing quota (IFQ) program for Gulf groupers and 

tilefishes.

    (a) General. This section establishes an IFQ program for the 
commercial components of the Gulf reef fish fishery for groupers 
(including DWG, red grouper, gag, and other SWG) and tilefishes 
(including goldface tilefish, blackline tilefish, anchor tilefish, 
blueline tilefish, and tilefish). For the purposes of this IFQ program, 
DWG includes yellowedge grouper, misty grouper, warsaw grouper, snowy 
grouper, and speckled hind, and scamp, but only as specified in 
paragraph (b)(2)(vi) of this section. For the purposes of this IFQ 
program, other SWG includes black grouper, scamp, yellowfin grouper, 
rock hind, red hind, and yellowmouth grouper, and warsaw grouper and 
speckled hind, but only as specified in paragraph (b)(2)(v) 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, and tilefishes, and the annual commercial catch allowance 
(meaning the SWG quota minus gag and red grouper) for other SWG species, 
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 Sec. 622.4(a)(2)(ix) 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 Sec. 
622.4(a)(4)(ii) 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 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

[[Page 237]]

and tilefishes as required by Sec. 622.4(a)(2)(ix) or for a person with 
a Gulf IFQ dealer endorsement as required by Sec. 622.4(a)(4)(ii), 
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 online account to 
participate. The computer must have browser software installed, e.g. 
Internet Explorer, Netscape, 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 online 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 online 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.
    (b) Procedures for initial implementation--(1) Determination of 
eligibility for initial IFQ shares. To be eligible as an initial IFQ 
shareholder a person must posses a valid commercial Gulf reef fish 
permit as of October 1, 2009. NMFS' permit records are the sole basis 
for determining eligibility for the IFQ program for Gulf groupers and 
tilefishes based on permit history. No more than one initial eligibility 
will be granted based upon a given commercial vessel permit for Gulf 
reef fish.
    (2) Calculation of initial IFQ shares and allocation--(i) IFQ 
shares. The RA will calculate initial IFQ shares based on the highest 
average annual landings of Gulf groupers and tilefishes, in each of five 
share categories, associated with each shareholder's current commercial 
vessel permit for Gulf reef fish during the applicable landings history. 
The five share categories are gag, red grouper, DWG, other SWG, and 
tilefishes. The applicable landings history for reef fish permit holders 
with grouper or tilefish landings includes landings data from 1999 
through 2004 with the allowance for dropping one year. All grouper and 
tilefish landings associated with a current reef fish permit for the 
applicable landings history,

[[Page 238]]

including those reported by a person(s) who held the license prior to 
the current license owner, will be attributed to the current license 
owner. Only legal landings reported in compliance with applicable state 
and Federal regulations will be accepted. For each share category, each 
shareholder's initial share is derived by dividing the shareholder's 
highest average annual landings during the applicable landings history 
by the sum of the highest average annual landings of all shareholders 
during the respective applicable landings histories. Initial shares 
distributed in the gag share category and the other SWG share category 
will be based on landings that have been adjusted for gag and/or black 
grouper misidentification. Initial IFQ shares will not be issued in 
units less than the percentage equivalent to 1.0 lb (0.45 kg) of the 
grouper or tilefish species, in each share category, based on that share 
category's quota or catch allowance.
    (ii) Initial share set-aside to accommodate resolution of appeals. 
During the first year of implementation of this IFQ program only, for 
each share category, the RA will reserve a 3-percent IFQ share prior to 
the initial distribution of shares, to accommodate resolution of 
appeals, if necessary. Any portion of the 3-percent share set-aside for 
each share category remaining after the appeals process is completed 
will be distributed as soon as possible among initial shareholders in 
direct proportion to the percentage share each was initially allocated. 
If resolution of appeals requires more than a 3-percent share set-aside 
for a share category, the shares of all initial shareholders, for that 
share category, would be reduced accordingly in direct proportion to the 
percentage share each was initially allocated.
    (iii) 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, and 
tilefishes; and times the annual commercial catch allowance for other 
SWG.
    (iv) Red grouper and gag multi-use allocation--(A) Red grouper 
multi-use allocation. At the beginning of each fishing year, 4 percent 
of each shareholder's initial red grouper allocation will be converted 
to red grouper multi-use allocation. 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.
    (B) Gag multi-use allocation. At the beginning of each fishing year, 
8 percent of each shareholder's initial gag allocation will be converted 
to gag multi-use allocation. 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 gag allocation has been 
landed and sold, or transferred; and 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 (c)(4)(iv) of 
this section.
    (v) 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, once 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.
    (vi) 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, once all of an

[[Page 239]]

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.
    (3) Shareholder notification regarding landings history, initial 
determination of IFQ shares and allocations, and IFQ account setup 
information. (i) On or about October 1, 2009, the RA will mail each Gulf 
reef fish commercial vessel permittee with grouper and tilefish landings 
history during the qualifying years, information pertinent to the IFQ 
program. This information will include--
    (A) Gulf grouper and tilefish landings associated with the Gulf reef 
fish commercial vessel permit during each year of the applicable 
landings history;
    (B) The highest average annual grouper and tilefish landings, in 
each of the five share categories, based on the permittee's best 5 out 
of 6 years of applicable landings history;
    (C) The permittee's initial IFQ share, in each of the five share 
categories, based on the highest average annual landings associated with 
the permittee's best 5 out of 6 years of applicable landings history;
    (D) The initial IFQ allocation, in each of the five share 
categories, as well as their total IFQ allocation;
    (E) Instructions for appeals;
    (F) General instructions regarding procedures related to the IFQ 
online system, including how to set up an online account; and
    (G) A user identification number; and a personal identification 
number (PIN) that will be provided in a subsequent letter.
    (ii) The RA will provide this information, via certified mail return 
receipt requested, to the permittee's address of record as listed in 
NMFS' permit files. A permittee who does not receive such notification 
from the RA, must contact the RA by November 1, 2009, to clarify 
eligibility status and landings and initial share information.
    (iii) The initial share information provided by the RA is based on 
the highest average annual landings during the best 5 out of 6 years 
associated with the permittee's applicable landings history for each 
share category; however, a permittee may select to exclude a different 
year of landings history than was chosen, consistent with the 
permittee's applicable landings history, for the calculation of the 
initial IFQ share. The permittee must submit that information to the RA 
postmarked no later than December 1, 2009. If alternative years, 
consistent with the applicable landings history, are selected, revised 
information regarding shares and allocations will be posted on the 
online IFQ accounts no later than January 1, 2010. A permittee who 
disagrees with the landings or eligibility information provided by the 
RA may appeal the RA's initial determinations.
    (4) Procedure for appealing IFQ eligibility and/or landings 
information. The only items subject to appeal under this IFQ system are 
initial eligibility for IFQ shares based on ownership of a reef fish 
permit, the accuracy of the amount of landings, correct assignment of 
landings to the permittee, and correct assignment of gag versus black 
grouper landings. Appeals based on hardship factors will not be 
considered. Appeals must be submitted to the RA postmarked no later than 
April 1, 2010, 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 decision.
    (i) Eligibility appeals. NMFS' records of reef fish 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, as may have occurred when ownership 
has changed from individual to corporate or vice versa, must document 
his/her continuity of ownership.
    (ii) Landings appeals. Appeals regarding landings data for 1999 
through 2004 will be based on NMFS' logbook records. If NMFS' logbooks 
are not available, the RA may use state landings records or data that 
were submitted in compliance with applicable Federal and state 
regulations, on or before December 31, 2006.
    (5) Dealer notification and IFQ account setup information. On or 
about October 1, 2009, the RA will mail each dealer

[[Page 240]]

with a valid Gulf reef fish dealer permit information pertinent to the 
IFQ program. Any such dealer is eligible to receive a Gulf IFQ dealer 
endorsement, which can be downloaded from the IFQ website at 
ifq.sero.nmfs.noaa.gov once an IFQ account has been established. The 
information package will include general information about the IFQ 
program and instructions for accessing the IFQ website and establishing 
an IFQ dealer account.
    (c) IFQ operations and requirements--(1) IFQ Landing and transaction 
requirements. (i) Gulf groupers and tilefishes subject to this IFQ 
program can only be possessed or landed by a vessel with a IFQ vessel 
account for Gulf groupers and tilefishes. Such groupers and tilefishes 
can only be received by a dealer with a Gulf IFQ dealer endorsement. The 
vessel landing groupers or tilefishes must have sufficient IFQ 
allocation in the IFQ vessel account, at least equal to the pounds in 
gutted weight of grouper or tilefish species to be landed, from the time 
of advance notice of landing through landing, except as provided in 
paragraph (c)(1)(ii) of this section.
    (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 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 is responsible for completing a landing transaction 
report for each landing and sale of Gulf groupers and tilefishes via the 
IFQ website at ifq.sero.nmfs.noaa.gov at the time of the transaction in 
accordance with reporting form and instructions provided on the website. 
This report includes, but is not limited to, date, time, and location of 
transaction; weight and actual ex-vessel value of groupers and 
tilefishes landed and sold; 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 
number 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) may initiate a landing transaction correction form 
to correct the landing transaction. This form is available via the IFQ 
website at ifq.sero.nmfs.noaa.gov. Both parties must validate the 
landing correction form by entering their respective PIN numbers, i.e. 
vessel account PIN or dealer account PIN. 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.
    (2) IFQ cost recovery fees. As required by section 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 
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. 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 value of Gulf groupers and tilefishes landed 
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

[[Page 241]]

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 31\st\ day after the end of each calendar-year 
quarter, the RA will send the dealer an electronic message via the IFQ 
website 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 91\st\ 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.
    (3) Measures to enhance IFQ program enforceability--(i) Advance 
notice of landing. 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 groupers or tilefishes is responsible for 
ensuring that NMFS is contacted at least 3 hours, but no more than 12 
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 where 
the groupers or tilefishes are to be received. The vessel landing 
groupers or tilefishes must have sufficient IFQ allocation in the IFQ 
vessel 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) from the time of the advance notice of landing 
through landing. Authorized methods for contacting NMFS and submitting 
the report include calling NMFS at 1-866-425-7627, completing and 
submitting to NMFS the notification form provided through the VMS unit, 
or providing the required information to NMFS through the web-based form 
available on the IFQ website at ifq.sero.nmfs.noaa.gov. As new 
technology becomes available, NMFS will add other authorized methods for 
complying with the advance notification requirement, via appropriate 
rulemaking. Failure to comply with this advance notice of landing 
requirement is unlawful and will preclude authorization to complete the 
landing transaction report required in paragraph (c)(1)(iii) of this 
section and, thus, will preclude issuance of the required transaction 
approval code.
    (ii) Time restriction on offloading. IFQ groupers and tilefishes may 
be offloaded only between 6 a.m. and 6 p.m., local time.

[[Page 242]]

    (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 transportation to a dealer or 
are on a vessel that is trailered for transport to a dealer, 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 and 
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 to a dealer.
    (v) Approved landing locations. Landing locations must be approved 
by NMFS Office for Law Enforcement prior to landing or offloading at 
these sites. Proposed landing locations may be submitted online via the 
IFQ website at ifq.sero.nmfs.noaa.gov, 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 be publicly accessible by land and water, 
and
    (B) they 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.
    (4) 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 to any 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 website. An IFQ shareholder must initiate a share 
transfer request by logging onto the IFQ website at 
ifq.sero.nmfs.noaa.gov. 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 website, 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

[[Page 243]]

a valid 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 (c)(6) of this 
section. Thereafter, share transferee eligibility will be extended to 
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 website. An IFQ account holder must initiate an allocation 
transfer by logging onto the IFQ website at ifq.sero.nmfs.noaa.gov, 
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 
website 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 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.
    (5) Restricted transactions during the 12-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 6 a.m. eastern time the following fishing year. 
The remaining 6 hours prior to the end of the fishing year, and the 6 
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 or tilefishes have changed, and update shares and allocations 
for the upcoming fishing year. No electronic IFQ transactions will be 
available during these 12 hours. An advance notice of landing may still 
be submitted by calling IFQ Customer Service at 1-866-425-7627.
    (6) 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

[[Page 244]]

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, by December 1, 2009, 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.
    (ii) Total allocation cap. No person, including a 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.
    (7) Redistribution of shares resulting from permanent permit 
revocation. If a shareholder's commercial vessel permit for Gulf reef 
fish has been permanently revoked under provisions of 15 CFR part 904, 
the RA will redistribute the IFQ shares associated with the revoked 
permit 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.
    (8) Annual recalculation and notification of IFQ shares and 
allocation. On or about January 1 each year, IFQ shareholders will be 
notified, via the IFQ website at ifq.sero.nmfs.noaa.gov, 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 
applicable permits under 15 CFR part 904. 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 (c)(1)(ii) of this section. IFQ participants can monitor the 
status of their shares and allocation throughout the year via the IFQ 
website.

[74 FR 44745, Aug. 31, 2009]



                      Subpart C_Management Measures



Sec. 622.30  Fishing years.

    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 Sec. 622.39(c)(1) is January 1 
through December 31. The following fishing years apply only for the king 
and Spanish mackerel quotas specified in Sec. 622.42(c):
    (1) Gulf migratory group king mackerel-- 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.

[[Page 245]]

    (c) Wreckfish-- April 16 through April 15.
    (d) South Atlantic greater amberjack--May 1 through April 30.
    (e) South Atlantic black sea bass--June 1 through May 31.

[61 FR 34934, July 3, 1996, as amended at 64 FR 3627, Jan. 25, 1999; 70 
FR 39190, July 7, 2005; 71 FR 55106, Oct. 23, 2006]



Sec. 622.31  Prohibited gear and methods.

    In addition to the prohibited gear/methods specified in this 
section, see Sec. Sec. 622.33, 622.34, and 622.35 for seasonal/area 
prohibited gear/methods and Sec. 622.41 for species specific authorized 
and unauthorized gear/methods.
    (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 Sec. 622.4, 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.
    (2) A fish trap may not be used or possessed in the Gulf EEZ west of 
85[deg]30[min] W. long. and, after February 7, 2007, may not be used or 
possessed in the Gulf EEZ.
    (3) A fish trap used other than where authorized in paragraph (c) 
(1) or (2) of this section may be disposed of in any appropriate manner 
by the Assistant Administrator or an authorized officer.
    (d) 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.
    (e) Poisons. (1) A poison, drug, or other chemical may not be used 
to fish for Caribbean reef fish in the Caribbean EEZ.
    (2) A poison may not be used to take Gulf reef fish in the Gulf EEZ.
    (3) A poison may not be used to fish for South Atlantic snapper-
grouper in the South Atlantic EEZ.
    (f) Power-assisted tools. A power-assisted tool may not be used in 
the Caribbean EEZ to take a Caribbean coral reef resource or in the Gulf 
or South Atlantic EEZ to take allowable octocoral, prohibited coral, or 
live rock.
    (g) Powerheads. A powerhead may not be used in the Caribbean EEZ to 
harvest Caribbean reef fish or in the EEZ off South Carolina to harvest 
South Atlantic snapper-grouper. The possession of a mutilated Caribbean 
reef fish in or from the Caribbean EEZ, or 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.
    (h) 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.
    (i) Sea bass pots. A sea bass pot may not be used in the South 
Atlantic EEZ south of 28[deg]35.1[min] N. lat. (due east of the NASA 
Vehicle Assembly Building, Cape Canaveral, FL). A sea bass pot deployed 
in the EEZ south of 28[deg]35.1[min] N. lat. may be disposed of in any 
appropriate manner by the Assistant Administrator or an authorized 
officer.
    (j) 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

[[Page 246]]

speared, pierced, or punctured Caribbean spiny lobster in or from the 
Caribbean EEZ is prima facie evidence of violation of this section.
    (k) 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.
    (l) 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 or Caribbean spiny lobster. Possession of a gillnet or trammel 
net and any Caribbean reef fish or Caribbean spiny lobster in or from 
the Caribbean EEZ is prima facie evidence of violation of this paragraph 
(l). A gillnet or trammel net used in the Caribbean EEZ to fish for any 
other species must be tended at all times.
    (m) Weak link. A bottom trawl that does not have a weak 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.
    (n) Gulf reef fish other than sand perch or dwarf sand perch 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.

[61 FR 34934, July 3, 1996, as amended at 62 FR 13987, Mar. 25, 1997; 63 
FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 28, 1998; 67 FR 51079, Aug. 7, 
2002; 70 FR 62080, Oct. 28, 2005; 70 FR 76219, Dec. 23, 2005; 71 FR 
45435, Aug. 9, 2006; 73 FR 411, Jan. 3, 2008]



Sec. 622.32  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. Prohibited species, by geographical area, 
are as follows:
    (1) Caribbean. (i) 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.
    (ii) 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.
    (iii) 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.
    (iv) No person may fish for, or possess on board a fishing vessel, a 
Caribbean queen conch in or from the Caribbean EEZ, except during 
October 1 through June 30 in the area east of 64[deg]34[min] W. 
longitude which includes Lang Bank east of St. Croix, U.S. Virgin 
Islands.
    (2) Gulf. (i) Gulf and South Atlantic 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.
    (ii) Goliath grouper may not be harvested or possessed in or from 
the Gulf EEZ.

[[Page 247]]

    (iii) Red drum and Nassau grouper 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.
    (3) South Atlantic. (i) Gulf and South Atlantic prohibited coral 
taken 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.
    (ii) Goliath grouper and Nassau grouper may not be harvested or 
possessed in or from the South Atlantic EEZ. Goliath grouper and Nassau 
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.
    (iii) Wild live rock may not be harvested or possessed in the South 
Atlantic EEZ.
    (iv) 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 
Sec. 622.45(f)(1) regarding the prohibition of sale of female golden 
crabs.
    (v) 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.
    (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) 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.
    (2) 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.
    (3) Speckled hind and warsaw grouper. The possession of speckled 
hind and warsaw grouper in or from the South Atlantic EEZ is limited to 
one of each per vessel per trip.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 62 
FR 13988, Mar. 25, 1997; 63 FR 10567, Mar. 4, 1998; 70 FR 62081, Oct. 
28, 2005; 73 FR 58060, Oct. 6, 2008]



Sec. 622.33  Caribbean EEZ seasonal and/or area closures.

    (a) Seasonal closures. In addition to the other restrictions 
specified in this paragraph (a), fishing with pots, traps, bottom 
longlines, gillnets or trammel nets is prohibited year-round in the 
closed areas specified in paragraphs (a)(1), (a)(2), and (a)(3) of this 
section.
    (1) 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                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  17[deg]37.8[  64[deg]53.0[
                                                      min]          min]
B...........................................  17[deg]39.0[  64[deg]53.0[
                                                      min]          min]
C...........................................  17[deg]39.0[  64[deg]50.5[
                                                      min]          min]
D...........................................  17[deg]38.1[  64[deg]50.5[
                                                      min]          min]
E...........................................  17[deg]37.8[  64[deg]52.5[
                                                      min]          min]
A...........................................  17[deg]37.8[  64[deg]53.0[
                                                      min]          min]
------------------------------------------------------------------------

    (2) 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

[[Page 248]]

bounded by rhumb lines connecting, in order, the points listed.
    (i) East of St. Croix.

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  17[deg]50.2[  64[deg]27.9[
                                                      min]          min]
B...........................................  17[deg]50.1[  64[deg]26.1[
                                                      min]          min]
C...........................................  17[deg]49.2[  64[deg]25.8[
                                                      min]          min]
D...........................................  17[deg]48.6[  64[deg]25.8[
                                                      min]          min]
E...........................................  17[deg]48.1[  64[deg]26.1[
                                                      min]          min]
F...........................................  17[deg]47.5[  64[deg]26.9[
                                                      min]          min]
A...........................................  17[deg]50.2[  64[deg]27.9[
                                                      min]          min]
------------------------------------------------------------------------

    (ii) West of Puerto Rico--(A) Bajo de Cico.

------------------------------------------------------------------------
                                                      North       West
                      Point A                          lat.      long.
------------------------------------------------------------------------
A                                                   18[deg]15  67[deg]26
                                                      .7[min]    .4[min]
B                                                   18[deg]15  67[deg]23
                                                      .7[min]    .2[min]
C                                                   18[deg]12  67[deg]23
                                                      .7[min]    .4[min]
D                                                   18[deg]12  67[deg]26
                                                      .7[min]    .4[min]
A                                                   18[deg]15  67[deg]26
                                                      .7[min]    .4[min]
------------------------------------------------------------------------

    (B) Tourmaline Bank.

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  18[deg]11.2[  67[deg]22.4[
                                                      min]          min]
B...........................................  18[deg]11.2[  67[deg]19.2[
                                                      min]          min]
C...........................................  18[deg]08.2[  67[deg]19.2[
                                                      min]          min]
D...........................................  18[deg]08.2[  67[deg]22.4[
                                                      min]          min]
A...........................................  18[deg]11.2[  67[deg]22.4[
                                                      min]          min]
------------------------------------------------------------------------

    (C) Abrir La Sierra Bank.

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  18[deg]06.5[  67[deg]26.9[
                                                      min]          min]
B...........................................  18[deg]06.5[  67[deg]23.9[
                                                      min]          min]
C...........................................  18[deg]03.5[  67[deg]23.9[
                                                      min]          min]
D...........................................  18[deg]03.5[  67[deg]26.9[
                                                      min]          min]
A...........................................  18[deg]06.5[  67[deg]26.9[
                                                      min]          min]
------------------------------------------------------------------------

    (3) Grammanik Bank closed area. (i) The Grammanik Bank closed area 
is bounded by rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  18[deg]11.89  64[deg]56.32
                                                    8[min]        8[min]
B...........................................  18[deg]11.64  64[deg]56.22
                                                    5[min]        5[min]
C...........................................  18[deg]11.05  64[deg]57.81
                                                    8[min]        0[min]
D...........................................  18[deg]11.31  64[deg]57.91
                                                    1[min]        3[min]
A...........................................  18[deg]11.89  64[deg]56.32
                                                    8[min]        8[min]
------------------------------------------------------------------------

    (ii) 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 paragraph (a)(4) of this section, ``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.
    (4) Red, black, tiger, yellowfin, or yellowedge grouper. 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.
    (5) Additional 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[deg]10[min] W. longitude. This 
prohibition on possession does not apply to red hind harvested and 
landed ashore prior to the closure.
    (6) Vermilion, black, silk, or blackfin snapper. 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.
    (7) Lane or mutton snapper. 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.
    (b) Year-round area 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                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  18[deg]13.2[  65[deg]06.0[
                                                      min]          min]
B...........................................  18[deg]13.2[  64[deg]59.0[
                                                      min]          min]
C...........................................  18[deg]11.8[  64[deg]59.0[
                                                      min]          min]
D...........................................  18[deg]10.7[  65[deg]06.0[
                                                      min]          min]
A...........................................  18[deg]13.2[  65[deg]06.0[
                                                      min]          min]
------------------------------------------------------------------------


[[Page 249]]

    (2) [Reserved]

[64 FR 60133, Nov. 4, 1999, as amended at 70 FR 62081, Oct. 28, 2005; 73 
FR 68361, Nov. 18, 2008]



Sec. 622.34  Gulf EEZ seasonal and/or area closures.

    (a) 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 Sec. 
622.4(a)(2), 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 Sec. 622.39(b) and, for Gulf 
reef fish for which no bag limit is specified in Sec. 622.39(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                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  30[deg]02.5[  88[deg]07.7[
                                                      min]          min]
B...........................................  30[deg]02.6[  87[deg]59.3[
                                                      min]          min]
C...........................................  29[deg]55.0[  87[deg]55.5[
                                                      min]          min]
D...........................................  29[deg]54.5[  88[deg]07.5[
                                                      min]          min]
A...........................................  30[deg]02.5[  88[deg]07.7[
                                                      min]          min]
------------------------------------------------------------------------

    (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                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  28[deg]42.5[  84[deg]24.8[
                                                      min]          min]
B...........................................  28[deg]42.5[  84[deg]16.3[
                                                      min]          min]
C...........................................  28[deg]11.0[  84[deg]00.0[
                                                      min]          min]
D...........................................  28[deg]11.0[  84[deg]07.0[
                                                      min]          min]
E...........................................  28[deg]26.6[  84[deg]24.8[
                                                      min]          min]
A...........................................  28[deg]42.5[  84[deg]24.8[
                                                      min]          min]
------------------------------------------------------------------------

    (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 Sec. 622.39(b)(1) and, for 
Gulf reef fish for which no bag limit is specified in Sec. 
622.39(b)(1), 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) Tortugas marine reserves HAPC. The following activities are 
prohibited within the Tortugas marine reserves HAPC: Fishing 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[deg]40[min]00[sec] N. lat., 83[deg]06[min]00[sec] W. long. to point B 
at 24[deg]46[min]00[sec] N. lat., 83[deg]06[min]00[sec] W. long. to 
point C at 24[deg]46[min]00[sec] N. lat., 83[deg]00[min]00[sec] W. 
long.; thence along the line denoting the seaward limit of Florida[min]s 
waters, as shown on the current edition of NOAA chart 11434, to point A 
at 24[deg]40[min]00[sec] N. lat., 83[deg]06[min]00[sec] W. long.
    (2) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  24[deg]33[mi  83[deg]09[mi
                                                 n]00[sec]     n]00[sec]
B...........................................  24[deg]33[mi  83[deg]05[mi
                                                 n]00[sec]     n]00[sec]
C...........................................  24[deg]18[mi  83[deg]05[mi
                                                 n]00[sec]     n]00[sec]
D...........................................  24[deg]18[mi  83[deg]09[mi
                                                 n]00[sec]     n]00[sec]
A...........................................  24[deg]33[mi  83[deg]09[mi
                                                 n]00[sec]     n]00[sec]
------------------------------------------------------------------------

    (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 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 46-38.001, Florida Administrative Code. 
Geographical coordinates of the points referred to in this paragraph (e) 
are as follows:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  28[deg]59[mi  82[deg]45[mi
                                                 n]30[sec]     n]36[sec]
B...........................................  28[deg]59[mi  83[deg]00[mi
                                                 n]30[sec]     n]10[sec]
C...........................................  28[deg]26[mi  82[deg]59[mi
                                                 n]01[sec]     n]47[sec]
D...........................................  28[deg]26[mi  82[deg]56[mi
                                                 n]01[sec]     n]54[sec]
E...........................................  28[deg]41[mi  82[deg]55[mi
                                                 n]39[sec]     n]25[sec]
F...........................................  28[deg]41[mi  82[deg]56[mi
                                                 n]39[sec]     n]09[sec]
G...........................................  28[deg]48[mi  82[deg]56[mi
                                                 n]56[sec]     n]19[sec]
H...........................................  28[deg]53[mi  82[deg]51[mi
                                                 n]51[sec]     n]19[sec]
I \1\.......................................  28[deg]54[mi  82[deg]44[mi
                                                 n]43[sec]     n]52[sec]

[[Page 250]]

 
J \2\.......................................  28[deg]51[mi  82[deg]44[mi
                                                 n]09[sec]     n]00[sec]
K...........................................  28[deg]50[mi  82[deg]54[mi
                                                 n]59[sec]     n]16[sec]
L...........................................  28[deg]41[mi  82[deg]53[mi
                                                 n]39[sec]     n]56[sec]
M \3\.......................................  28[deg]41[mi  82[deg]38[mi
                                                 n]39[sec]     n]46[sec]
N...........................................  28[deg]41[mi  82[deg]53[mi
                                                 n]39[sec]     n]12[sec]
O...........................................  28[deg]30[mi  82[deg]55[mi
                                                 n]51[sec]     n]11[sec]
P...........................................  28[deg]40[mi  82[deg]53[mi
                                                 n]00[sec]     n]08[sec]
Q...........................................  28[deg]40[mi  82[deg]47[mi
                                                 n]00[sec]     n]58[sec]
R...........................................  28[deg]35[mi  82[deg]47[mi
                                                 n]14[sec]     n]47[sec]
S...........................................  28[deg]30[mi  82[deg]52[mi
                                                 n]51[sec]     n]55[sec]
T...........................................  28[deg]27[mi  82[deg]55[mi
                                                 n]46[sec]     n]09[sec]
U...........................................  28[deg]30[mi  82[deg]52[mi
                                                 n]51[sec]    n]09[sec]
------------------------------------------------------------------------
\1\ Crystal River Entrance Light 1A.
\2\ Long Pt. (southwest tip).
\3\ Shoreline.

    (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.
    (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.
    (f) 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                      North lat.    West long.
------------------------------------------------------------------------
B \1\.......................................  26[deg]16.0[  81[deg]58.5[
                                                      min]          min]
C...........................................  26[deg]00.0[  82[deg]04.0[
                                                      min]          min]
D...........................................  25[deg]09.0[  81[deg]47.6[
                                                      min]          min]
E...........................................  24[deg]54.5[  81[deg]50.5[
                                                      min]          min]
M \1\.......................................  24[deg]49.3[  81[deg]46.4[
                                                      min]         min]
------------------------------------------------------------------------
\1\ On the seaward limit of Florida's waters.

    (g) 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 the following species: dwarf sand perch, hogfish, and sand 
perch.
    (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.
    (h) 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 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico, 
the RA may adjust the closing and/or opening date of the Texas closure 
to provide an earlier, later, shorter, or longer closure, but

[[Page 251]]

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.
    (i) 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                      North lat.    West long.
------------------------------------------------------------------------
N \1\.......................................  25[deg]52.9[  81[deg]37.9[
                                                      min]          min]
F...........................................  24[deg]50.7[  81[deg]51.3[
                                                      min]          min]
G \2\.......................................  24[deg]40.1[  82[deg]26.7[
                                                      min]          min]
H \3\.......................................  24[deg]34.7[  82[deg]35.2[
                                                      min]          min]
P \4\.......................................  24[deg]35.0[  82[deg]08.0[
                                                      min]         min]
------------------------------------------------------------------------
\1\ Coon Key Light.
\2\ New Ground Rocks Light.
\3\ Rebecca Shoal Light.
\4\ Marquessas Keys.

    (2) The provisions of paragraph (i)(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[deg]47.8[min] N. lat., 82[deg]01.0[min] W. long. to point U at 
24[deg]43.83[min] N. lat., 82[deg]01.0[min] 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[deg]42.55[min] N. lat., 
82[deg]15.0[min] W. long.; thence north to point W at 24[deg]43.6[min] 
N. lat., 82[deg]15.0[min] 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 (i)(2)(i) of this section, to point G, 
as specified in paragraph (i)(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 (i)(1) of this section, to point Q at 24[deg]46.7[min] N. 
lat., 81[deg]52.2[min] 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 (i)(2)(i) of 
this section.
    (j) West and East Flower Garden Banks HAPC. The following activities 
are prohibited year-round in the HAPC: Fishing with a 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                      North lat.    West long.
------------------------------------------------------------------------
                      A                       27[deg]55[mi  93[deg]53[mi
                                               n]22.8[sec]   n]09.6[sec]
                      B                       27[deg]55[mi  93[deg]46[mi
                                               n]22.8[sec]   n]46.0[sec]
                      C                       27[deg]49[mi  93[deg]46[mi
                                               n]03.0[sec]   n]46.0[sec]
                      D                       27[deg]49[mi  93[deg]53[mi
                                               n]03.0[sec]   n]09.6[sec]
                      A                       27[deg]55[mi  93[deg]53[mi
                                               n]22.8[sec]   n]09.6[sec]
------------------------------------------------------------------------

    (2) East Flower Garden Bank. East Flower Garden Bank is bounded by 
rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
                      A                       27[deg]59[mi  93[deg]38[mi
                                               n]14.4[sec]   n]58.2[sec]
                      B                       27[deg]59[mi  93[deg]34[mi
                                               n]14.4[sec]   n]03.5[sec]
                      C                       27[deg]52[mi  93[deg]34[mi
                                               n]36.5[sec]   n]03.5[sec]
                      D                       27[deg]52[mi  93[deg]38[mi
                                               n]36.5[sec]   n]58.2[sec]
                      A                       27[deg]59[mi  93[deg]38[mi
                                               n]14.4[sec]   n]58.2[sec]
------------------------------------------------------------------------

    (k) Closure provisions applicable to the Madison and Swanson sites, 
Steamboat Lumps, and the Edges. (1)(i) The Madison and Swanson sites are 
bounded by rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  29[deg]17[mi  85[deg]50[mi
                                                        n]            n]
B...........................................  29[deg]17[mi  85[deg]38[mi
                                                        n]            n]
C...........................................  29[deg]06[mi  85[deg]38[mi
                                                        n]            n]
D...........................................  29[deg]06[mi  85[deg]50[mi
                                                        n]            n]
A...........................................  29[deg]17[mi  85[deg]50[mi
                                                        n]            n]
------------------------------------------------------------------------

    (ii) Steamboat Lumps is bounded by rhumb lines connecting, in order, 
the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  28[deg]14[mi  84[deg]48[mi
                                                        n]            n]
B...........................................  28[deg]14[mi  84[deg]37[mi
                                                        n]            n]
C...........................................  28[deg]03[mi  84[deg]37[mi
                                                        n]            n]
D...........................................  28[deg]03[mi  84[deg]48[mi
                                                        n]            n]
A...........................................  28[deg]14[mi  84[deg]48[mi
                                                        n]            n]
------------------------------------------------------------------------

    (iii) The Edges is bounded by rhumb lines connecting, in order, the 
following points:

[[Page 252]]



------------------------------------------------------------------------
                  Point                      North lat.      West long.
------------------------------------------------------------------------
A                                         28[deg]51[min]    85[deg]16[mi
                                                                     n]
B                                         28[deg]51[min]    85[deg]04[mi
                                                                     n]
C                                         28[deg]14[min]    84[deg]42[mi
                                                                     n]
D                                         28[deg]14[min]    84[deg]54[mi
                                                                     n]
A                                         28[deg]51[min]    85[deg]16[mi
                                                                     n]
------------------------------------------------------------------------

    (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 (k)(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 (k)(4) of this section. 
The provisions of this paragraph, (k)(3), do not apply to highly 
migratory species.
    (4) For the purpose of paragraph (k) 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 Lumps, during 
May through October, surface trolling is the only allowable fishing 
activity. For the purpose of this paragraph (k)(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 paragraph (k) of this section, 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).
    (l) Closures of the Gulf shrimp fishery to reduce red snapper 
bycatch. During a closure implemented in accordance with this paragraph 
(l), 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 FMP for the Shrimp Fishery in the Gulf of Mexico (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 (l)(2) through (l)(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 74-percent target reduction of shrimp trawl 
bycatch mortality on red snapper from the benchmark years of 2001-2003 
established in the FMP. 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

[[Page 253]]

within the scope of the potential closures evaluated in the 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             North lat.                        West long.
------------------------------------------------------------------------
A      29[deg]14[min]                    88[deg]57[min]
B      29[deg]24[min]                    88[deg]34[min]
C      29[deg]34[min]                    87[deg]38[min]
D      30[deg]04[min]                    87[deg]00[min]
E      30[deg]04[min]                    88[deg]41[min]
F      29[deg]36[min]                    88[deg]37[min]
G      29[deg]21[min]                    88[deg]59[min]
A      29[deg]14[min]                    88[deg]57[min]
------------------------------------------------------------------------

    (3) Louisiana zone. The Louisiana zone is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
Point             North lat.                        West long.
------------------------------------------------------------------------
A      29[deg]09.1[min]                  93[deg]41.4[min]
B      29[deg]09.25[min]                 92[deg]36[min]
C      28[deg]35[min]                    90[deg]44[min]
D      29[deg]09[min]                    89[deg]48[min]
E      28[deg]57[min]                    89[deg]34[min]
F      28[deg]40[min]                    90[deg]09[min]
G      28[deg]18[min]                    90[deg]33[min]
H      28[deg]25[min]                    91[deg]37[min]
I      28[deg]21.7[min]                  93[deg]28.4[min]
A      29[deg]09.1[min]                  93[deg]41.4[min]
------------------------------------------------------------------------

    (4) Texas zone. The Texas zone is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
Point             North lat.                        West long.
------------------------------------------------------------------------
A      29[deg]09.1[min]                  93[deg]41.4[min]
B      28[deg]44[min]                    95[deg]15[min]
C      28[deg]11[min]                    96[deg]17[min]
D      27[deg]44[min]                    96[deg]53[min]
E      27[deg]02[min]                    97[deg]11[min]
F      26[deg]00.5[min]                  96[deg]57.3[min]
G      26[deg]00.5[min]                  96[deg]35.85[min]
H      26[deg]24[min]                    96[deg]36[min]
I      26[deg]49[min]                    96[deg]52[min]
J      27[deg]12[min]                    96[deg]51[min]
K      27[deg]39[min]                    96[deg]33[min]
L      27[deg]55[min]                    96[deg]04[min]
M      28[deg]21.7[min]                  93[deg]28.4[min]
A      29[deg]09.1[min]                  93[deg]41.4[min]
------------------------------------------------------------------------

    (m) Closures of the recreational fishery for red snapper. The 
recreational fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 through May 31 and from October 1 through December 31, 
each year. During a closure, the bag and possession limit for red 
snapper in or from the Gulf EEZ is zero.
    (n)-(o) [Reserved]
    (p) Closures of the Gulf group king mackerel gillnet fishery. The 
gillnet fishery for Gulf group king mackerel in or from the Gulf EEZ is 
closed each fishing year from July 1 until 6:00 a.m. on the day after 
the Martin Luther King Jr. Federal holiday. The gillnet fishery also is 
closed during all subsequent weekends and observed Federal holidays, 
except for the first weekend following the Martin Luther King Jr. 
holiday which will remain open to the gillnet fishery provided a 
notification of closure of that fishery has not been filed under Sec. 
622.43(a). Weekend closures are effective from 6:00 a.m. Saturday to 
6:00 a.m. Monday. Holiday closures are effective from 6:00 a.m. on the 
observed Federal holiday to 6:00 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 group king mackerel.
    (q) Prohibitions applicable to bottom longline fishing for Gulf reef 
fish. (1) Bottom longlining for Gulf reef fish is prohibited in the 
portion of the Gulf EEZ east of 85[deg]30[min] W. long. that is 
shoreward of rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
   Point                       North lat.                     West long.
------------------------------------------------------------------------
A           28[deg]58.5[min]                                  85[deg]30.
                                                                 0[min]
B           28[deg]42.5[min]                                  85[deg]05.
                                                                 0[min]
C           28[deg]12.5[min]                                  84[deg]50.
                                                                 0[min]
D           27[deg]52.0[min]                                  84[deg]30.
                                                                 0[min]
E           27[deg]28.0[min]                                  84[deg]19.
                                                                 0[min]
F           26[deg]28.5[min]                                  83[deg]50.
                                                                 0[min]
G           25[deg]30.0[min]                                  83[deg]44.
                                                                 5[min]
H           25[deg]04.0[min]                                  83[deg]44.
                                                                 5[min]
I           24[deg]48.0[min]                                  83[deg]54.
                                                                 4[min]
J           24[deg]39.5[min]                                  83[deg]41.
                                                                 0[min]
K           24[deg]28.5[min]                                  83[deg]14.
                                                                 5[min]
L           24[deg]25.0[min]                                  83[deg]00.
                                                                 0[min]
------------------------------------------------------------------------

    (2) If both the commercial deep-water grouper and tilefish 
components of the

[[Page 254]]

Gulf reef fish fishery are closed, bottom longlining for Gulf reef fish 
is prohibited in all waters of the Gulf EEZ east of 85[deg]30[min] W. 
long.
    (3) A vessel with bottom longline gear on board or that is using 
bottom longline gear to fish for species other than Gulf reef fish may 
not possess Gulf reef fish within the prohibited areas specified in 
paragraphs (q)(1) of this section or within the prohibited area 
specified in paragraph (q)(2) of this section when that prohibition is 
applicable, unless the bottom longline gear is appropriately stowed. For 
the purposes of paragraph (q) 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 deck.
    (r) 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                      North lat.    West long.
------------------------------------------------------------------------
                      A                       24[deg]58[mi  83[deg]38[mi
                                                 n]18[sec]     n]33[sec]
                      B                       24[deg]58[mi  83[deg]37[mi
                                                 n]18[sec]     n]00[sec]
                      C                       24[deg]41[mi  83[deg]37[mi
                                                 n]11[sec]     n]00[sec]
                      D                       24[deg]40[mi  83[deg]41[mi
                                                 n]00[sec]     n]22[sec]
                      E                       24[deg]43[mi  83[deg]47[mi
                                                 n]55[sec]     n]15[sec]
                      A                       24[deg]58[mi  83[deg]38[mi
                                                 n]18[sec]     n]33[sec]
------------------------------------------------------------------------

    (s) 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                      North lat.    West long.
------------------------------------------------------------------------
                      A                       28[deg]10[mi  94[deg]18[mi
                                               n]38.3[sec]   n]36.5[sec]
                      B                       28[deg]10[mi  94[deg]17[mi
                                               n]38.3[sec]   n]06.3[sec]
                      C                       28[deg]09[mi  94[deg]17[mi
                                               n]18.6[sec]   n]06.3[sec]
                      D                       28[deg]09[mi  94[deg]18[mi
                                               n]18.6[sec]   n]36.5[sec]
                      A                       28[deg]10[mi  94[deg]18[mi
                                               n]38.3[sec]   n]36.5[sec]
------------------------------------------------------------------------

    (t) 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                      North lat.    West long.
------------------------------------------------------------------------
                      A                       27[deg]59[mi  92[deg]37[mi
                                               n]06.0[sec]   n]19.2[sec]
                      B                       27[deg]59[mi  92[deg]32[mi
                                               n]06.0[sec]   n]17.4[sec]
                      C                       27[deg]55[mi  92[deg]32[mi
                                               n]55.5[sec]   n]17.4[sec]
                      D                       27[deg]55[mi  92[deg]37[mi
                                               n]55.5[sec]   n]19.2[sec]
                      A                       27[deg]59[mi  92[deg]37[mi
                                               n]06.0[sec]   n]19.2[sec]
------------------------------------------------------------------------

    (u) Seasonal closure of the recreational fishery for shallow-water 
grouper (SWG). The recreational fishery for SWG, in or from the Gulf 
EEZ, is closed from February 1 through March 31, each year. During the 
closure, the bag and possession limit for SWG in or from the Gulf EEZ is 
zero.

[61 FR 34934, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
622.34, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 74 FR 20230, May 1, 2009, Sec. 622.34 was 
amended by adding paragraph (q), effective May 18, 2009 through October 
28, 2009.

    Effective Date Note: At 74 FR 50705, Oct. 1, 2009, Sec. 622.34 was 
amended by adding a heading to paragraph (k)(1), effective November 2, 
2009. For the convenience of the user, the added text is set forth as 
follows:



Sec. 622.34  Gulf EEZ seasonal and/or area closures.

                                * * * * *

    (k) * * *
    (1) Descriptions of Areas. * * *

                                * * * * *



Sec. 622.35  Atlantic EEZ seasonal and/or area closures.

    (a) Allowable octocoral closed area. No person may harvest or 
possess allowable octocoral in the South Atlantic EEZ north of 
28[deg]35.1[min] N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL).
    (b) Longline closed areas. A longline may not be used to fish in the 
EEZ for South Atlantic snapper-grouper south of 27[deg]10[min] N. lat. 
(due east of the entrance to St. Lucie Inlet, FL); or north of 
27[deg]10[min] 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

[[Page 255]]

South Atlantic EEZ south of 27[deg]10[min] N. lat., or north of 
27[deg]10[min] 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 Sec. 
622.39(d)(1), 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) Oculina Bank--(1) HAPC. The Oculina Bank HAPC encompasses an 
area bounded on the north by 28[deg]30[min] N. lat., on the south by 
27[deg]30[min] N. lat., on the east by the 100-fathom (183-m) contour, 
as shown on the latest edition of NOAA chart 11460, and on the west by 
80[deg]00[min] W. long.; and two adjacent areas: the first bounded on 
the north by 28[deg]30[min] N. lat., on the south by 28[deg]29[min] N. 
lat., on the east by 80[deg]00[min] W. long., and on the west by 
80[deg]03[min] W. long.; and the second bounded on the north by 
28[deg]17[min] N. lat., on the south by 28[deg]16[min] N. lat., on the 
east by 80[deg]00[min] W. long., and on the west by 80[deg]03[min] W. 
long. In the Oculina Bank HAPC, no person may:
    (i) Use a bottom longline, bottom trawl, 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 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[deg]53[min] N. 
lat., on the south by 27[deg]30[min] N. lat., on the east by 
79[deg]56[min] W. long., and on the west by 80[deg]00[min] 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.
    (d) 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 
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 (d)(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 
(d)(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.
    (e) SMZs. (1) The SMZs consist of artificial reefs and surrounding 
areas as follows:
    (i) Paradise Reef is bounded on the north by 33[deg]31.59[min] N. 
lat.; on the south

[[Page 256]]

by 33[deg]30.51[min] N. lat.; on the east by 78[deg]57.55[min] W. long.; 
and on the west by 78[deg]58.85[min] W. long.
    (ii) Ten Mile Reef is bounded on the north by 33[deg]26.65[min] N. 
lat.; on the south by 33[deg]24.80[min] N. lat.; on the east by 
78[deg]51.08[min] W. long.; and on the west by 78[deg]52.97[min] W. 
long.
    (iii) Pawleys Island Reef is bounded on the north by 
33[deg]26.58[min] N. lat.; on the south by 33[deg]25.76[min] N. lat.; on 
the east by 79[deg]00.29[min] W. long.; and on the west by 
79[deg]01.24[min] W. long.
    (iv) Georgetown Reef is bounded on the north by 33[deg]14.90[min] N. 
lat.; on the south by 33[deg]13.85[min] N. lat.; on the east by 
78[deg]59.45[min] W. long.; and on the west by 79[deg]00.65[min] W. 
long.
    (v) Capers Reef is bounded on the north by 32[deg]45.45[min] N. 
lat.; on the south by 32[deg]43.91[min] N. lat.; on the east by 
79[deg]33.81[min] W. long.; and on the west by 79[deg]35.10[min] W. 
long.
    (vi) Kiawah Reef is bounded on the north by 32[deg]29.78[min] N. 
lat.; on the south by 32[deg]28.25[min] N. lat.; on the east by 
79[deg]59.00[min] W. long.; and on the west by 80[deg]00.95[min] W. 
long.
    (vii) Edisto Offshore Reef is bounded on the north by 
32[deg]15.30[min] N. lat.; on the south by 32[deg]13.90[min] N. lat.; on 
the east by 79[deg]50.25[min] W. long.; and on the west by 
79[deg]51.45[min] W. long.
    (viii) Hunting Island Reef is bounded on the north by 
32[deg]13.72[min] N. lat.; on the south by 32[deg]12.30[min] N. lat.; on 
the east by 80[deg]19.23[min] W. long.; and on the west by 
80[deg]21.00[min] W. long.
    (ix) Fripp Island Reef is bounded on the north by 32[deg]15.92[min] 
N. lat.; on the south by 32[deg]14.75[min] N. lat.; on the east by 
80[deg]21.62[min] W. long.; and on the west by 80[deg]22.90[min] W. 
long.
    (x) Betsy Ross Reef is bounded on the north by 32[deg]03.60[min] N. 
lat.; on the south by 32[deg]02.88[min] N. lat.; on the east by 
80[deg]24.57[min] W. long.; and on the west by 80[deg]25.50[min] W. 
long.
    (xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by 
32[deg]00.71[min] N. lat.; on the south by 31[deg]59.42[min] N. lat.; on 
the east by 80[deg]35.23[min] W. long.; and on the west by 
80[deg]36.37[min] W. long.
    (xii) Artificial Reef--A is bounded on the north by 30[deg]57.4[min] 
N. lat.; on the south by 30[deg]55.4[min] N. lat.; on the east by 
81[deg]13.9[min] W. long.; and on the west by 81[deg]16.3[min] W. long.
    (xiii) Artificial Reef--C is bounded on the north by 
30[deg]52.0[min] N. lat.; on the south by 30[deg]50.0[min] N. lat.; on 
the east by 81[deg]08.5[min] W. long.; and on the west by 
81[deg]10.9[min] W. long.
    (xiv) Artificial Reef--G is bounded on the north by 31[deg]00.0[min] 
N. lat.; on the south by 30[deg]58.0[min] N. lat.; on the east by 
80[deg]56.8[min] W. long.; and on the west by 80[deg]59.2[min] W. long.
    (xv) Artificial Reef--F is bounded on the north by 31[deg]06.8[min] 
N. lat.; on the south by 31[deg]04.8[min] N. lat.; on the east by 
81[deg]10.5[min] W. long.; and on the west by 81[deg]13.4[min] W. long.
    (xvi) Artificial Reef--J is bounded on the north by 31[deg]36.7[min] 
N. lat.; on the south by 31[deg]34.7[min] N. lat.; on the east by 
80[deg]47.3[min] W. long.; and on the west by 80[deg]50.1[min] W. long.
    (xvii) Artificial Reef--L is bounded on the north by 
31[deg]46.0[min] N. lat.; on the south by 31[deg]44.0[min] N. lat.; on 
the east by 80[deg]34.7[min] W. long.; and on the west by 
80[deg]37.1[min] W. long.
    (xviii) Artificial Reef--KC is bounded on the north by 
31[deg]51.2[min] N. lat.; on the south by 31[deg]49.2[min] N. lat.; on 
the east by 80[deg]45.3[min] W. long.; and on the west by 
80[deg]47.7[min] W. long.
    (xix) Ft. Pierce Inshore Reef is bounded on the north by 
27[deg]26.8[min] N. lat.; on the south by 27[deg]25.8[min] N. lat.; on 
the east by 80[deg]09.24[min] W. long.; and on the west by 
80[deg]10.36[min] W. long.
    (xx) Ft. Pierce Offshore Reef is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  27[deg]23.68  80[deg]03.95
                                                     [min]         [min]
B...........................................  27[deg]22.80  80[deg]03.60
                                                     [min]         [min]
C...........................................  27[deg]23.94  80[deg]00.02
                                                     [min]         [min]
D...........................................  27[deg]24.85  80[deg]00.33
                                                     [min]         [min]
A...........................................  27[deg]23.68  80[deg]03.95
                                                     [min]         [min]
------------------------------------------------------------------------

    (xxi) Key Biscayne/Artificial Reef--H is bounded on the north by 
25[deg]42.82[min] N. lat.; on the south by 25[deg]41.32[min] N. lat.; on 
the east by 80[deg]04.22[min] W. long.; and on the west by 
80[deg]05.53[min] W. long.
    (xxii) Little River Offshore Reef is bounded on the north by 
33[deg]42.10[min] N. lat.; on the south by 33[deg]41.10[min] N. lat.; on 
the east by 78[deg]26.40[min] W. long.; and on the west by 
78[deg]27.10[min] W. long.
    (xxiii) BP-25 Reef is bounded on the north by 33[deg]21.70[min] N. 
lat.; on the south by 33[deg]20.70[min] N. lat.; on the east by

[[Page 257]]

78[deg]24.80[min] W. long.; and on the west by 78[deg]25.60[min] W. 
long.
    (xxiv) Vermilion Reef is bounded on the north by 32[deg]57.80[min] 
N. lat.; on the south by 32[deg]57.30[min] N. lat.; on the east by 
78[deg]39.30[min] W. long.; and on the west by 78[deg]40.10[min] W. 
long.
    (xxv) Cape Romaine Reef is bounded on the north by 33[deg]00.00[min] 
N. lat.; on the south by 32[deg]59.50[min] N. lat.; on the east by 
79[deg]02.01[min] W. long.; and on the west by 79[deg]02.62[min] W. 
long.
    (xxvi) Y-73 Reef is bounded on the north by 32[deg]33.20[min] N. 
lat.; on the south by 32[deg]32.70[min] N. lat.; on the east by 
79[deg]19.10[min] W. long.; and on the west by 79[deg]19.70[min] W. 
long.
    (xxvii) Eagles Nest Reef is bounded on the north by 
32[deg]01.48[min] N. lat.; on the south by 32[deg]00.98[min] N. lat.; on 
the east by 80[deg]30.00[min] W. long.; and on the west by 
80[deg]30.65[min] W. long.
    (xxviii) Bill Perry Jr. Reef is bounded on the north by 
33[deg]26.20[min] N. lat.; on the south by 33[deg]25.20[min] N. lat.; on 
the east by 78[deg]32.70[min] W. long.; and on the west by 
78[deg]33.80[min] W. long.
    (xxix) Comanche Reef is bounded on the north by 32[deg]27.40[min] N. 
lat.; on the south by 32[deg]26.90[min] N. lat.; on the east by 
79[deg]18.80[min] W. long.; and on the west by 79[deg]19.60[min] W. 
long.
    (xxx) Murrel's Inlet 60 Foot Reef is bounded on the north by 
33[deg]17.50[min] N. lat.; on the south by 33[deg]16.50[min] N. lat.; on 
the east by 78[deg]44.67[min] W. long.; and on the west by 
78[deg]45.98[min] W. long.
    (xxxi) Georgetown 95 Foot Reef is bounded on the north by 
33[deg]11.75[min] N. lat.; on the south by 33[deg]10.75[min] N. lat.; on 
the east by 78[deg]24.10[min] W. long.; and on the west by 
78[deg]25.63[min] W. long.
    (xxxii) New Georgetown 60 Foot Reef is bounded on the north by 
33[deg]09.25[min] N. lat.; on the south by 33[deg]07.75[min] N. lat.; on 
the east by 78[deg]49.95[min] W. long.; and on the west by 
78[deg]51.45[min] W. long.
    (xxxiii) North Inlet 45 Foot Reef is bounded on the north by 
33[deg]21.03[min] N. lat.; on the south by 33[deg]20.03[min] N. lat.; on 
the east by 79[deg]00.31[min] W. long.; and on the west by 
79[deg]01.51[min] W. long.
    (xxxiv) CJ Davidson Reef is bounded on the north by 
33[deg]06.48[min] N. lat.; on the south by 33[deg]05.48[min] N. lat.; on 
the east by 79[deg]00.27[min] W. long.; and on the west by 
79[deg]01.39[min] W. long.
    (xxxv) Greenville Reef is bounded on the north by 32[deg]57.25[min] 
N. lat.; on the south by 32[deg]56.25[min] N. lat.; on the east by 
78[deg]54.25[min] W. long.; and on the west by 78[deg]55.25[min] W. 
long.
    (xxxvi) Charleston 60 Foot Reef is bounded on the north by 
32[deg]33.60[min] N. lat.; on the south by 32[deg]32.60[min] N. lat.; on 
the east by 79[deg]39.70[min] W. long.; and on the west by 
79[deg]40.90[min] W. long.
    (xxxvii) Edisto 60 Foot Reef is bounded on the north by 
32[deg]21.75[min] N. lat.; on the south by 32[deg]20.75[min] N. lat.; on 
the east by 80[deg]04.10[min] W. longitude; and on the west by 
80[deg]05.70[min] W. long.
    (xxxviii) Edisto 40 Foot Reef is bounded on the north by 
32[deg]25.78[min] N. lat.; on the south by 32[deg]24.78[min] N. lat.; on 
the east by 80[deg]11.24[min] W. long.; and on the west by 
80[deg]12.32[min] W. long.
    (xxxix) Beaufort 45 Foot Reef is bounded on the north by 
32[deg]07.65[min] N. lat.; on the south by 32[deg]06.65[min] N. lat.; on 
the east by 80[deg]28.80[min] W. long.; and on the west by 
80[deg]29.80[min] W. long.
    (xl) Artificial Reef--ALT is bounded on the north by 
31[deg]18.6[min] N. lat.; on the south by 31[deg]16.6[min] N. lat.; on 
the east by 81[deg]07.0[min] W. long.; and on the west by 
81[deg]09.4[min] W. long.
    (xli) Artificial Reef--CAT is bounded on the north by 
31[deg]40.2[min] N. lat.; on the south by 31[deg]38.2[min] N. lat.; on 
the east by 80[deg]56.2[min] W. long.; and on the west by 
80[deg]58.6[min] W. long.
    (xlii) Artificial Reef--CCA is bounded on the north by 
31[deg]43.7[min] N. lat.; on the south by 31[deg]41.7[min] N. lat.; on 
the east by 80[deg]40.0[min] W. long.; and on the west by 
80[deg]42.3[min] W. long.
    (xliii) Artificial Reef--DRH is bounded on the north by 
31[deg]18.0[min] N. lat.; on the south by 31[deg]16.0[min] N. lat.; on 
the east by 80[deg]56.6[min] W. long.; and on the west by 
80[deg]59.0[min] W. long.
    (xliv) Artificial Reef--DUA is bounded on the north by 
31[deg]47.8[min] N. lat.; on the south by 31[deg]45.8[min] N. lat.; on 
the east by 80[deg]52.1[min] W. long.; and on the west by 
80[deg]54.5[min] W. long.
    (xlv) Artificial Reef--DW is bounded on the north by 
31[deg]22.8[min] N. lat.; on the south by 31[deg]20.3[min] N. lat.; on 
the east by 79[deg]49.8[min] W. long.; and on the west by 
79[deg]51.1[min] W. long.
    (xlvi) Artificial Reef--KBY is bounded on the north by 
30[deg]48.6[min] N. lat.; on the south by 30[deg]46.6[min] N. lat.; on 
the east by 81[deg]15.0[min] W. long.; and on the west by 
81[deg]17.4[min] W. long.

[[Page 258]]

    (xlvii) Artificial Reef--KTK is bounded on the north by 
31[deg]31.3[min] N. lat.; on the south by 31[deg]29.3[min] N. lat.; on 
the east by 80[deg]59.1[min] W. long.; and on the west by 
81[deg]01.5[min] W. long.
    (xlviii) Artificial Reef--MRY is bounded on the north by 
30[deg]47.5[min] N. lat.; on the south by 30[deg]45.5[min] N. lat.; on 
the east by 81[deg]05.5[min] W. long.; and on the west by 
81[deg]07.8[min] W. long.
    (xlix) Artificial Reef--SAV is bounded on the north by 
31[deg]55.4[min] N. lat.; on the south by 31[deg]53.4[min] N. lat.; on 
the east by 80[deg]45.2[min] W. long.; and on the west by 
80[deg]47.6[min] W. long.
    (l) Artificial Reef--SFC is bounded on the north by 31[deg]00.8[min] 
N. lat.; on the south by 30[deg]59.8[min] N. lat.; on the east by 
81[deg]02.2[min] W. long.; and on the west by 81[deg]03.4[min] W. long.
    (li) Artificial Reef--WW is bounded on the north by 31[deg]43.5[min] 
N. lat.; on the south by 31[deg]42.2[min] N. lat.; on the east by 
79[deg]57.7[min] W. long.; and on the west by 79[deg]59.3[min] W. long.
    (2) To determine what restrictions apply in the SMZs listed in Sec. 
622.35(e)(1), follow this table:

------------------------------------------------------------------------
   IN SMZs SPECIFIED IN THE FOLLOWING
      PARAGRAPHS OF Sec.  622.35            THESE RESTRICTIONS APPLY
------------------------------------------------------------------------
(e)(1)(i) through (x), (e)(1)(xx), and   Use of a powerhead to take
 (e)(1)(xxii) through (xxxix).            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 evidence that such
                                          fish was taken with a
                                          powerhead in the SMZ.
(e)(1)(i) through (xviii) and            Fishing may only be conducted
 (e)(1)(xxii) through (li).               with handline, rod and reel,
                                          and spearfishing gear.
(e)(1)(i) through (li).................  Use of a sea bass pot or bottom
                                          longline is prohibited.
(e)(1)(xii) through (xviii) and          Possession of South Atlantic
 (e)(1)(xl) through (li).                 snapper-grouper taken with a
                                          powerhead is limited to the
                                          bag limits specified in Sec.
                                          622.39(d)(1).
(e)(1)(xix) and (e)(1)(xx).............  A hydraulic or electric reel
                                          that is permanently affixed to
                                          the vessel is prohibited when
                                          fishing for South Atlantic
                                          snapper-grouper.
(e)(1)(xix) and (e)(1)(xxi)............  Use of spearfishing gear is
                                          prohibited.
------------------------------------------------------------------------

    (f) 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 
Sec. 622.17(b) for specification of the golden crab zones.
    (g) Pelagic sargassum area and seasonal restrictions--(1) Area 
limitations. (i) No person may harvest pelagic sargassum in the South 
Atlantic EEZ between 36[deg]34[min]55[sec] N. lat. (directly east from 
the Virginia/North Carolina boundary) and 34[deg] 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[deg] N. lat.
    (2) Seasonal limitation. 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 landed ashore prior to the 
closed period.
    (h) Dolphin/wahoo closed areas. (1) If pelagic longline gear is on 
board a vessel, a person aboard such vessel may not fish for or retain a 
dolphin or wahoo--
    (i) 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[deg] N. lat. and 39[deg] N. lat. from 
68[deg] W. long. to 74[deg] W. long.
    (ii) 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[deg] 
N. lat. and 31[deg] N. lat. and west of 76[deg] W. long.
    (iii) 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[deg] N. 
lat.; thence due east to 78[deg] W. long.; thence by a rhumb line to

[[Page 259]]

28[deg]17[min] N. lat., 79[deg]12[min] W. long.; thence proceeding in a 
southerly direction along the outer boundary of the EEZ to 24[deg] N. 
lat.; thence due west to 24[deg] N. lat., 81[deg]47[min] W. long.; 
thence due north to the innermost boundary of the EEZ at 81[deg]47[min] 
W. long.
    (2) 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.
    (3) If a vessel is in a closed area during a time specified in 
paragraph (h)(1) 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.
    (i) MPAs. (1) 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 (i)(2) of this section. 
In addition to these restrictions, see Sec. 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:
    (i) Snowy Grouper Wreck MPA is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
                 Point                     North lat.       West long.
------------------------------------------------------------------------
A                                       33[deg]25[min]   77[deg]04.75[mi
                                                          n]
------------------------------------------------------------------------
B                                       33[deg]34.75[mi  76[deg]51.3[min
                                         n]               ]
------------------------------------------------------------------------
C                                       33[deg]25.5[min  76[deg]46.5[min
                                         ]                ]
------------------------------------------------------------------------
D                                       33[deg]15.75[mi  77[deg]00.0[min
                                         n]               ]
------------------------------------------------------------------------
A                                       33[deg]25[min]   77[deg]04.75[mi
                                                          n]
------------------------------------------------------------------------

    (ii) Northern South Carolina MPA is bounded on the north by 
32[deg]53.5[min] N. lat.; on the south by 32[deg]48.5[min] N. lat.; on 
the east by 78[deg]04.75[min] W. long.; and on the west by 
78[deg]16.75[min] W. long.
    (iii) Edisto MPA is bounded on the north by 32[deg]24[min] N. lat.; 
on the south by 32[deg]18.5[min] N. lat.; on the east by 
78[deg]54.0[min] W. long.; and on the west by 79[deg]06.0[min] W. long.
    (iv) Charleston Deep Artificial Reef MPA is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
                 Point                     North lat.       West long.
------------------------------------------------------------------------
A                                       32[deg]04[min]   79[deg]12[min]
------------------------------------------------------------------------
B                                       32[deg]08.5[min  79[deg]07.5[min
                                         ]                ]
------------------------------------------------------------------------
C                                       32[deg]06[min]   79[deg]05[min]
------------------------------------------------------------------------
D                                       32[deg]01.5[min  79[deg]09.3[min
                                         ]                ]
------------------------------------------------------------------------
A                                       32[deg]04[min]   79[deg]12[min]
------------------------------------------------------------------------

    (v) Georgia MPA is bounded by rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
                 Point                     North lat.       West long.
------------------------------------------------------------------------
A                                       31[deg]43[min]   79[deg]31[min]
------------------------------------------------------------------------
B                                       31[deg]43[min]   79[deg]21[min]
------------------------------------------------------------------------
C                                       31[deg]34[min]   79[deg]29[min]
------------------------------------------------------------------------
D                                       31[deg]34[min]   79[deg]39[min]
------------------------------------------------------------------------
A                                       31[deg]43[min]   79[deg]31[min]
------------------------------------------------------------------------

    (vi) North Florida MPA is bounded on the north by 30[deg]29' N. 
lat.; on the south by 30[deg]19' N. lat.; on the east by 80[deg]02' W. 
long.; and on the west by 80[deg]14' W. long.
    (vii) St. Lucie Hump MPA is bounded on the north by 27[deg]08' N. 
lat.; on the south by 27[deg]04' N. lat.; on the east by 79[deg]58' W. 
long.; and on the west by 80[deg]00' W. long.
    (viii) East Hump MPA is bounded by rhumb lines connecting, in order, 
the following points:

------------------------------------------------------------------------
                 Point                     North lat.       West long.
------------------------------------------------------------------------
A                                       24[deg]36.5[min  80[deg]45.5[min
                                         ]                ]
------------------------------------------------------------------------
B                                       24[deg]32[min]   80[deg]36[min]
------------------------------------------------------------------------
C                                       24[deg]27.5[min  80[deg]38.5[min
                                         ]                ]
------------------------------------------------------------------------
D                                       24[deg]32.5[min  80[deg]48[min]
                                         ]
------------------------------------------------------------------------
A                                       24[deg]36.5[min  80[deg]45.5[min
                                         ]                ]
------------------------------------------------------------------------

    (2) For the purpose of paragraph (i)(1) of this section, transit 
means direct, non-stop progression through the MPA. 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

[[Page 260]]

must be disconnected from the gear; however, buoys may remain on deck.
    (ii) A trawl or try net may remain on deck, but trawl doors must be 
disconnected from such net and must be secured.
    (iii) 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.
    (iv) 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. A rod and reel must be removed from the rod holder and stowed 
securely on or below deck.
    (v) 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.
    (j) Seasonal closure of the recreational and commercial fisheries 
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 gag, black grouper, red grouper, scamp, red hind, 
rock hind, yellowmouth grouper, tiger grouper, yellowfin grouper, 
graysby, or 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.
    (k) Seasonal closure of the recreational fishery for vermilion 
snapper. The recreational fishery for vermilion snapper in or from the 
South Atlantic EEZ is closed from November 1 through March 31, each 
year. In addition, for a person on board a vessel for which a valid 
Federal charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, this closure applies in the South Atlantic, 
regardless of where the fish are harvested, i.e., in state or Federal 
waters. During the closure, the bag and possession limit for vermilion 
snapper in or from the South Atlantic EEZ is zero.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 47449, Sept. 9, 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 
28, 1998; 63 FR 71794, Dec. 30, 1998; 65 FR 37295, June 14, 2000; 65 FR 
61115, Oct. 16, 2000; 68 FR 57378, Oct. 3, 2003; 69 FR 30241, May 27, 
2004; 74 FR 1630, Jan. 13, 2009; 74 FR 30972, June 29, 2009]



Sec. 622.36  Seasonal harvest limitations.

    (a) Gulf EEZ. 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 Sec. 622.4(a)(2)(v), without regard to 
where such greater amberjack were harvested, is limited to the bag and 
possession limits, as specified in Sec. 622.39(b)(1)(i) and (b)(2), 
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 Sec. 622.45(c)(1). 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 Sec. 622.39(a)(5).
    (b) South Atlantic EEZ--(1) 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, 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 Sec. 622.45(d)(6).
    (2) 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.

[[Page 261]]

    (3) 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.
    (4) [Reserved]
    (5) 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 Sec. 622.45(d)(5).

[61 FR 34934, July 3, 1996, as amended at 62 FR 67723, Dec. 30, 1997; 64 
FR 3627, Jan. 25, 1999; 65 FR 51252, Aug. 23, 2000; 71 FR 45435; Aug. 9, 
2006; 71 FR 55106, Oct. 23, 2006; 74 FR 30972, June 29, 2009]



Sec. 622.37  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. Except for undersized king and Spanish mackerel 
allowed in paragraphs (c)(2) and (c)(3) of this section, a fish not in 
compliance with its size limit, as specified in this section, in or from 
the Caribbean, Gulf, South Atlantic, and/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) Caribbean reef fish: Yellowtail snapper--12 inches (30.5 cm), 
TL.
    (b) Caribbean spiny lobster--3.5 inches (8.9 cm), carapace length.
    (c) Coastal migratory pelagic fish. (1) Cobia in the Gulf, Mid-
Atlantic, or South Atlantic--33 inches (83.8 cm), fork length.
    (2) 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 Sec. 622.42(c)(1) may possess 
undersized king mackerel in quantities not exceeding 5 percent, by 
weight, of the king mackerel on board.
    (3) 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 Sec. 622.42(c)(2) may possess 
undersized Spanish mackerel in quantities not exceeding 5 percent, by 
weight, of the Spanish mackerel on board.
    (d) Gulf reef fish--(1) Snapper. (i) Lane snapper--8 inches (20.3 
cm), TL.
    (ii) Vermilion snapper--10 inches (25.4 cm), TL.
    (iii) Cubera, dog, gray, mahogany, and yellowtail snappers and 
schoolmaster--12 inches (30.5 cm), TL.
    (iv) Red snapper -16 inches (40.6 cm), TL, for a fish taken by a 
person subject to the bag limit specified in Sec. 622.39 (b)(1)(iii) 
and 13 inches (33.0 cm), TL, for a fish taken by a person not subject to 
the bag limit.
    (v) Mutton snapper--16 inches (40.6 cm), TL.
    (2) Grouper. (i) Scamp--16 inches (40.6 cm), TL.
    (ii) Yellowfin grouper--20 inches (50.8 cm), TL.
    (iii) Black grouper and gag--(A) For a person not subject to the bag 
limit specified in Sec. 622.39(b)(1)(ii)--24 inches (61.0 cm), TL.
    (B) For a person subject to the bag limit specified in Sec. 
622.39(b)(1)(ii)--22 inches (55.9 cm), TL.
    (iv) Red grouper--(A) For a person not subject to the bag limit 
specified in Sec. 622.39 (b)(1)(ii)--18 inches (45.7 cm), TL.
    (B) For a person subject to the bag limit specified in Sec. 
622.39(b)(1)(ii)--20 inches (50.8 cm), TL.
    (3) Other Gulf reef fish species. (i) Gray triggerfish--14 inches 
(35.6 cm), fork length.
    (ii) Hogfish--12 inches (30.5 cm), fork length.

[[Page 262]]

    (iii) Banded rudderfish and lesser amberjack--14 inches (35.6 cm), 
fork length (minimum size); 22 inches (55.9 cm), fork length (maximum 
size).
    (iv) Greater amberjack--30 inches (76 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in Sec. 
622.39(b)(1)(i) and 36 inches (91.4 cm), fork length, for a fish taken 
by a person not subject to the bag limit.
    (4) 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.
    (e) South Atlantic snapper-grouper--(1) Snapper. (i) Lane snapper--8 
inches (20.3 cm), TL.
    (ii) Vermilion snapper--12 inches (30.5 cm), TL.
    (iii) Blackfin, cubera, dog, gray, mahogany, queen, silk, and 
yellowtail snappers; and schoolmaster--12 inches (30.5 cm), TL.
    (iv) Mutton snapper--16 inches (40.6 cm), TL.
    (v) Red snapper--20 inches (50.8 cm), TL.
    (2) Grouper. (i) Red, yellowfin, and yellowmouth grouper; and 
scamp--20 inches (50.8 cm), TL.
    (ii) Black grouper and gag--24 inches (61.0 cm), TL.
    (3) Other snapper-grouper species. (i) Black sea bass. (A) For a 
fish taken by a person subject to the bag limit specified in Sec. 
622.39(d)(1)(vii):
    (1) Through May 31, 2007--11 inches (27.9 cm), TL; and
    (2) On and after June 1, 2007--12 inches (30.5 cm), TL.
    (B) For a fish taken by a person not subject to the bag limit in 
Sec. 622.39(d)(1)--10 inches (25.4 cm), TL.
    (ii) Gray triggerfish in the South Atlantic EEZ off Florida--12 
inches (30.5 cm), TL.
    (iii) Hogfish--12 inches (30.5 cm), fork length.
    (iv) Red porgy--14 inches (35.6 cm), TL.
    (v) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in Sec. 
622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, for a fish taken 
by a person not subject to the bag limit.
    (f) Gulf shrimp. White shrimp harvested in the EEZ are subject to 
the minimum-size landing and possession limits of Louisiana when 
possessed within the jurisdiction of that State.
    (g) Caribbean queen conch--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.
    (h) Dolphin in the Atlantic off Florida and off Georgia--20 inches 
(50.8 cm), fork length.

[61 FR 34934, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
622.37, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 622.38  Landing fish intact.

    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.
    (a) The following must be maintained with head and fins intact: 
cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel 
in paragraph (g) of this section; dolphin and wahoo in or from the 
Atlantic EEZ; South Atlantic snapper-grouper in or from the South 
Atlantic EEZ, except as specified in paragraph (h) of this section; 
finfish in or from the Caribbean EEZ, except as specified in paragraphs 
(c) and (d) of this section; and finfish in or from the Gulf EEZ, except 
as specified in paragraphs (c) and (d) of this section. Such fish may be 
eviscerated, gilled, and scaled, but must otherwise be maintained in a 
whole condition.
    (b) A Caribbean spiny lobster in or from the Caribbean EEZ must be 
maintained with head and carapace intact.
    (c) Shark, swordfish, and tuna species are exempt from the 
requirements of paragraph (a) of this section.

[[Page 263]]

    (d) In the Gulf EEZ or Caribbean EEZ:
    (1) Bait is exempt from the requirement to be maintained with head 
and fins intact. See Sec. 622.31(n) regarding a prohibition on the use 
of Gulf reef fish as bait.
    (i) For the purpose of this paragraph (d)(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 (d)(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
    (iii) The vessel is equipped to cook such finfish on board.
    (e) 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.
    (f) Queen conch in or from the Caribbean EEZ must be maintained with 
meat and shell intact.
    (g) Cut-off (damaged) king or Spanish mackerel that comply with the 
minimum size limits in Sec. 622.37(c)(2) and (c)(3), respectively, and 
the trip limits in Sec. 622.44(a) and (b), respectively, may be 
possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and 
offloaded ashore from, a vessel that 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.
    (h) 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 valid Bahamian fishing and cruising 
permits are on board the vessel and the vessel is in transit through the 
South Atlantic EEZ. 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.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 65483, Dec. 13, 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 38303, July 
16, 1998; 64 FR 3628, Jan. 25, 1999; 65 FR 16340, Mar. 28, 2000; 67 FR 
22362, May 3, 2002; 69 FR 30242, May 27, 2004; 70 FR 62081, Oct. 28, 
2005; 71 FR 45436, Aug. 9, 2006; 73 FR 68361, Nov. 18, 2008]



Sec. 622.39  Bag and possession limits.

    (a) Applicability. (1) The bag and possession limits apply for 
species/species groups listed in this section 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, 
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 Sec. 
622.4(a)(2) for the appropriate species/species group. However, see 
Sec. 622.32 for limitations on taking prohibited and limited-harvest 
species. The limitations in Sec. 622.32 apply without regard to whether 
the species is harvested by a vessel operating under a commercial vessel 
permit or by a person subject to the bag limits. 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

[[Page 264]]

this section with a bag or possession limit applicable to state waters. 
A species/species group subject to a bag limit specified in this section 
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 this section are not exceeded.
    (2) Paragraph (a)(1) of this section 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 Sec. 622.34(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)(5) 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.
    (3) Paragraph (a)(1) of this section notwithstanding, the bag and 
other limits specified in Sec. 622.35(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.
    (4) Paragraph (a)(1) of this section notwithstanding, 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 (d)(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 Sec. 
622.35(e)(1)(xii) through (e)(1)(xviii) or (e)(1)(xl) through 
(e)(1)(li).
    (5) 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 Gulf reef fish caught under a bag limit.
    (b) Gulf reef fish--(1) Bag limits. (i) 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.
    (ii) Groupers, combined, excluding goliath grouper and Nassau 
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.
    (iii) 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.
    (iv) Snappers, combined, excluding red, lane, and vermilion 
snapper--10.
    (v) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1)(i) through (b)(1)(iv) and paragraphs (b)(1)(vi) 
through (b)(1)(vii) of this section and excluding dwarf sand perch and 
sand perch -20.
    (vi) Banded rudderfish and lesser amberjack, combined--5.
    (vii) Hogfish--5.
    (2) 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

[[Page 265]]

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.
    (c) 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 46-12.004(1), Florida Administrative Code). 
If Florida changes its limit, the bag limit specified in this paragraph 
(c)(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.
    (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.
    (d) South Atlantic snapper-grouper--(1) Bag limits. (i) Greater 
amberjack--1.
    (ii) Grouper and tilefish, combined--3. However, no grouper or 
tilefish 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. In addition, within the 3-fish aggregate bag limit:
    (A) No more than one fish may be gag or black grouper, combined;
    (B) No more than one fish may be a snowy grouper;
    (C) No more than one fish may be a golden tilefish; and
    (D) No goliath grouper or Nassau grouper may be retained.
    (iii) Hogfish in the South Atlantic off Florida--5.
    (iv) Snappers, combined, excluding cubera snapper measuring 30 
inches (76.2 cm), TL, or larger, in the South Atlantic off Florida, and 
excluding vermilion snapper--10, of which no more than 2 may be red 
snapper. (See Sec. 622.32(c)(2) for limitations on cubera snapper 
measuring 30 inches (76.2 cm), TL, or larger, in or from the South 
Atlantic EEZ off Florida.)
    (v) Vermilion snapper--5. However, no vermilion 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.
    (vi) Red porgy--3.
    (vii) Black sea bass--15.
    (viii) South Atlantic snapper-grouper, combined, excluding tomtate 
and blue runner and those specified in paragraphs (d)(1)(i) through 
(vii) of this section--20.
    (2) Possession limits. (i) Provided each passenger is issued and has 
in possession a receipt issued on behalf of the vessel that verifies the 
duration of the trip--
    (A) 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.
    (B) 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.
    (ii) 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.
    (3) Longline bag limits. Other provisions of this paragraph (d) 
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 paragraph (d)(1) of this section, and to zero for all other 
South Atlantic snapper-grouper. For the purpose of this paragraph 
(d)(3), 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

[[Page 266]]

any one of these three elements constitutes removal of a longline.
    (e) Caribbean queen conch--(1) Applicability. Paragraph (a)(1) of 
this section notwithstanding, the bag limit of paragraph (e)(2) of this 
section does not apply to a fisherman who has a valid commercial fishing 
license issued by Puerto Rico or the U.S. Virgin Islands. See Sec. 
622.44 for the commercial daily trip limit.
    (2) 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.
    (f) Atlantic dolphin and wahoo. Bag and possession limits are as 
follows:
    (1) Dolphin--10, not to exceed 60 per vessel, whichever is less, 
except, on board a headboat, 10 per paying passenger.
    (2) Wahoo--2.

[61 FR 34934, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
622.39, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 622.40  Limitations on traps and pots.

    (a) Tending--(1) Caribbean EEZ. A fish trap or Caribbean spiny 
lobster trap in the Caribbean EEZ may be pulled or tended only by a 
person (other than an authorized officer) aboard the fish trap or 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 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.
    (2) South Atlantic EEZ. A sea bass pot or 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. For golden 
crab only, a vessel with written consent on board must also possess a 
valid commercial vessel permit for golden crab.
    (b) Escape mechanisms--(1) Caribbean EEZ. (i) 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.
    (ii) 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:
    (A) 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.
    (B) Ungalvanized or uncoated iron wire with a diameter not exceeding 
\1/16\ inch (1.6 mm), that is, 16 gauge wire.
    (2) South Atlantic EEZ. (i) A sea bass pot that is used or possessed 
in the South Atlantic EEZ between 35[deg]15.19[min] N. lat. (due east of 
Cape Hatteras Light, NC) and 28[deg]35.1[min] N. lat. (due east of the 
NASA Vehicle Assembly Building, Cape Canaveral, FL) is required to 
have--
    (A) 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:
    (1) Ungalvanized or uncoated iron wire with a diameter not exceeding 
0.041 inches (1.0 mm), that is, 19 gauge wire.

[[Page 267]]

    (2) Galvanic timed-release mechanisms with a letter grade 
designation (degradability index) no higher than J.
    (B) 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:
    (1) 1\1/8\ by 5\3/4\ inches (2.9 by 14.6 cm) for a rectangular vent.
    (2) 1.75 by 1.75 inches (4.5 by 4.5 cm) for a square vent.
    (3) 2.0-inch (5.1-cm) diameter for a round vent.
    (ii) 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--
    (A) 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.
    (B) 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.
    (c) Construction requirements and mesh sizes--(1) Caribbean EEZ. 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) South Atlantic EEZ. (i) 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):
    (A) For sides of the pot other than the back panel:
    (1) Hexagonal mesh (chicken wire)--at least 1.5 inches (3.8 cm) 
between the wrapped sides;
    (2) Square mesh--at least 1.5 inches (3.8 cm) between sides; or
    (3) Rectangular mesh--at least 1 inch (2.5 cm) between the longer 
sides and 2 inches (5.1 cm) between the shorter sides.
    (B) 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.
    (ii) A golden crab trap deployed or possessed in the South Atlantic 
EEZ may not exceed 64 ft\3\ (1.8 m\3\) in volume in the northern zone or 
48 ft\3\ (1.4 m\3\) in volume in the middle and southern zones. See 
Sec. 622.17(b) for specification of the golden crab zones.
    (d) Area-specific restrictions--(1) South Atlantic EEZ--(i) Sea bass 
pots. (A) 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.
    (B) A sea bass pot must be removed from the water in the South 
Atlantic EEZ when the quota specified in Sec. 622.42(e)(5) is reached. 
The RA may authorize a grace period of up to 10 days for removal of pots 
after a closure is in effect based on exigent circumstances which 
include, but are not limited to, insufficient advance notice of a 
closure or severe weather. In addition, a person may request that the RA 
grant such a grace period based on severe personal hardship, such as 
equipment failure or the vessel operator's health, by providing a letter 
outlining the nature and circumstances of the severe personal hardship 
to be received by the RA no later than the effective date of the 
closure. The RA will advise

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the requester of the approval or disapproval of the request. 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.
    (ii) Golden crab traps. Rope is the only material allowed to be used 
for a buoy line or mainline attached to a golden crab trap.
    (2) [Reserved]

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 62 
FR 13988, Mar. 25, 1997; 63 FR 10568, Mar. 4, 1998; 63 FR 38303, July 
16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR 3628, Jan. 25, 1999; 67 FR 
22362, May 3, 2002; 70 FR 62081, Oct. 28, 2005; 71 FR 55107, Oct. 23, 
2006; 73 FR 411, Jan. 3, 2008]



Sec. 622.41  Species specific limitations.

    (a) Aquacultured live rock. In the Gulf or South Atlantic EEZ:
    (1) Aquacultured live rock may be harvested only under a permit, as 
required under Sec. 622.4(a)(3)(iii), 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) In the Gulf EEZ, must be distinguishable, geologically or 
otherwise (for example, be indelibly marked or tagged), from the 
naturally occurring substrate.
    (G) In the South Atlantic EEZ, 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. In addition, the following activities are 
prohibited in the South Atlantic: 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)(3), chipping means breaking up reefs, ledges, or rocks into 
fragments, usually by means of a chisel and hammer.
    (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):
    (b) Caribbean reef fish anchoring restriction. 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 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.

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    (c) Coastal migratory pelagic fish--(1) Authorized gear. Subject to 
the prohibitions on gear/methods specified in Sec. 622.31, the 
following are the only fishing gears that may be used in the Gulf, Mid-
Atlantic, and South Atlantic EEZ in directed fisheries for coastal 
migratory pelagic fish:
    (i) King mackerel, Atlantic migratory group--
    (A) North of 34[deg]37.3[min] N. lat., the latitude of Cape Lookout 
Light, NC--all gear except drift gillnet and long gillnet.
    (B) South of 34[deg]37.3[min] 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 
Sec. 622.42(c)(1)(i)(A)(3) for a description of the southern Florida 
west coast subzone.)
    (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.
    (v) Cobia in the Mid-Atlantic and South Atlantic EEZ and little 
tunny in the South Atlantic EEZ south of 34[deg]37.3[min] N. lat.--
automatic reel, bandit gear, handline, rod and reel, and pelagic 
longline.
    (vi) Cero in the South Atlantic EEZ and little tunny in the South 
Atlantic EEZ north of 34[deg]37.3[min] N. lat.--all gear except drift 
gillnet and long gillnet.
    (vii) Bluefish, cero, cobia, dolphin, and little tunny in the Gulf 
EEZ--all gear except drift gillnet and long gillnet.
    (2) Unauthorized gear. Gear types other than those specified in 
paragraph (c)(1) of this section are unauthorized gear and the following 
possession limitations apply:
    (i) 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.
    (ii) 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.
    (iii) Other unauthorized gear. Except as specified in paragraph 
(c)(2)(iv) 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 (c)(1) of this section, is subject to the bag 
limit for king and Spanish mackerel specified in Sec. 622.39(c)(1)(ii) 
and to the limit on cobia specified in Sec. 622.32(c)(1).
    (iv) Exception for king mackerel in the Gulf EEZ. The provisions of 
this paragraph (c)(2)(iv) apply to king mackerel taken in the Gulf EEZ 
and to such king mackerel possessed in the Gulf. Paragraph (c)(2)(iii) 
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:
    (A) Such vessel may not use unauthorized gear in a directed fishery 
for king mackerel in the Gulf EEZ.
    (B) 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 southern Florida west 
coast subzone, no king mackerel may be possessed.
    (C) 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 Sec. 622.43(a)(3) and the trip limits specified 
in Sec. 622.44(a). See also paragraph (c)(4) of this section regarding 
the purse seine incidental catch allowance of king mackerel.
    (3) Gillnets--(i) 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),

[[Page 270]]

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.
    (ii) Spanish mackerel. (A) 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.
    (1) 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.
    (2) 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 mesh, may possess or land 
on the day of that trip no more than 500 lb (227 kg) of incidentally 
caught Spanish mackerel.
    (B) 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[deg]20.4[min] N. 
lat., which is a line directly east from the Miami-Dade/Monroe County, 
FL, boundary--
    (1) 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).
    (2) No person may fish with, set, or place in the water more than 
one gillnet at any one time.
    (3) No more than two gillnets, including any net in use, may be 
possessed at any one time; provided, however, that 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).
    (4) 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.
    (5) The float line of each gillnet possessed, including any net in 
use, must have the distinctive floats specified in Sec. 622.6(b)(2).
    (4) Purse seine incidental catch allowance. 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 paragraph (c)(2) of 
this section, in violation of the possession limits under paragraph 
(c)(2)(iii) of this section, or, in the case of king mackerel from the 
Atlantic migratory group, in violation of a closure effected in 
accordance with Sec. 622.43(a), 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 Sec. 
622.42(c) and are subject to the prohibition of sale under Sec. 
622.43(a)(3)(iii).
    (d) South Atlantic snapper-grouper--(1) Authorized gear. Subject to 
the gear restrictions specified in Sec. 622.31, 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.
    (2) Unauthorized gear. All gear types other than those specified in 
paragraph (d)(1) of this section are unauthorized gear and the following 
possession and transfer limitations apply.
    (i) 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.

[[Page 271]]

    (ii) Except as specified in paragraphs (d)(3) through (d)(5) 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:
    (A) South Atlantic snapper-grouper species for which a bag limit is 
specified in Sec. 622.39(d)(1)--the bag limit.
    (B) All other South Atlantic snapper-grouper--zero.
    (iii) 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.
    (iv) No vessel may receive at sea any South Atlantic snapper-grouper 
from a vessel with unauthorized gear on board, as specified in paragraph 
(d)(2)(iii) of this section.
    (3) 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 (d)(2)(ii) 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)(3), 
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 deployed.
    (4) 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 (d)(2)(ii) 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)(4), 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.
    (5) 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 
(d)(2)(ii) 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)(5), 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.
    (6) 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, warsaw grouper, yellowedge grouper, misty grouper, golden 
tilefish, blueline tilefish, and sand tilefish. 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.
    (e) South Atlantic golden crab. 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.
    (f) Caribbean queen conch. 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.
    (g) BRD requirement for Gulf and South Atlantic shrimp. On a shrimp 
trawler in the Gulf EEZ or South Atlantic EEZ, each net that is rigged 
for fishing must have a BRD installed that is listed in paragraph (g)(2) 
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

[[Page 272]]

(g)(1)(i) through (iv) 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) 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 
paragraph (g). 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 Gulf EEZ or 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 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

[[Page 273]]

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 (g)(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 (g)(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 appropriate 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 and South 
Atlantic EEZ unless indicated otherwise. 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--South Atlantic EEZ only.
    (C) Jones-Davis.
    (D) Modified Jones-Davis.
    (E) Expanded mesh--South Atlantic EEZ only.
    (F) Extended funnel -South Atlantic EEZ only.
    (ii) Provisionally certified BRDs. The following BRDs are 
provisionally certified for use in the areas and for the time periods 
indicated. Specifications of these provisionally certified BRDs are 
contained in appendix D to this part.
    (A) Extended funnel- Gulf EEZ only; through February 16, 2010.
    (B) Composite panel -Gulf EEZ and South Atlantic EEZ; through 
February 16, 2010.
    (h) [Reserved]
    (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 Gulf Of Mexico Bycatch 
Reduction Device Testing Protocol Manual.
    (A) A person who wants to conduct pre-certification phase testing 
must submit an application, as specified in the Gulf Of Mexico Bycatch 
Reduction Device Testing Protocol Manual, to the RA. The Gulf Of Mexico 
Bycatch Reduction Device Testing Protocol 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

[[Page 274]]

a letter of authorization (LOA) to conduct pre-certification trials upon 
the vessel specified in the application. The RA will issue a pre-
certification phase LOA if the BRD design is substantially unlike any 
BRD design previously determined not to meet the BRD certification 
criterion or, if the design is substantially similar to a BRD design 
previously determined not to meet the BRD certification criteria, and 
the application demonstrates that the design could meet the 
certification criterion through design revision or upon retesting (e.g., 
the application shows that statistical results could be improved upon 
retesting by such things as using a larger sample size than that 
previously used). If the RA authorizes pre-certification, the RA's 
letter of authorization 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 Gulf Of Mexico Bycatch Reduction Device Testing Protocol 
Manual. The RA will issue a LOA to conduct certification trials upon the 
vessel specified in the application if the RA finds that: The test plan 
meets the requirements of the protocol; the observer identified in the 
application is qualified and has no current or prior financial 
relationship with the entity seeking BRD certification; the application 
presents a BRD candidate substantially unlike BRDs previously determined 
not to meet the current bycatch reduction criterion, or the applicant 
has shown good cause for reconsideration (such as the likelihood of 
improved statistical results yielded from a larger sample size than that 
previously used); and for BRDs not previously tested for certification, 
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. If a BRD meets the certification criterion, as 
determined under the testing protocol, NMFS will publish a notice in the 
Federal Register adding the BRD to the list of certified BRDs in 
paragraph (h)(2) of this section providing the specifications for the 
newly certified BRD, including any special conditions deemed appropriate 
based on the certification testing results.
    (iii) A shrimp trawler that is authorized to participate in the pre-
certification 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 Gulf Of Mexico Bycatch Reduction Device 
Testing Protocol Manual is granted a limited exemption from the BRD 
requirement specified in paragraph (h)(1) of 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 BRDs.
    (i) 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.
    (j) Rock shrimp in the South Atlantic off Georgia and Florida. 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.
    (k) Pelagic sargassum. 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),

[[Page 275]]

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.
    (l) 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]
    (m) Required gear in the Gulf reef fish fishery. 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 (m)(1) through (m)(3) of this section.
    (1) Non-stainless steel circle hooks. Non-stainless steel circle 
hooks are required when fishing with natural baits.
    (2) 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.
    (3) Venting tool. At least one venting tool is required and must be 
used to deflate the swim bladders of Gulf reef fish to release the fish 
with minimum damage. This tool must be a sharpened, hollow instrument, 
such as a hypodermic syringe with the plunger removed, or a 16-gauge 
needle fixed to a hollow wooden dowel. A tool such as a knife or an ice-
pick may not be used. The venting tool must be inserted into the fish at 
a 45-degree angle approximately 1 to 2 inches (2.54 to 5.08 cm) from the 
base of the pectoral fin. The tool must be inserted just deep enough to 
release the gases, so that the fish may be released with minimum damage.
    (n) Required gear in the South Atlantic snapper-grouper fishery. For 
a person on board a vessel to fish for South Atlantic snapper-grouper in 
the South Atlantic EEZ, the vessel must possess on board and such person 
must use the gear as specified in paragraphs (n)(1) 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 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) [Reserved]

[61 FR 34934, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
622.41, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 74 FR 50705, Oct. 1, 2009, Sec. 622.41 was 
amended by adding paragraphs (a)(4)(i), (ii) and (iii), effective 
November 2, 2009. For the convenience of the user, the added text is set 
forth as follows:



Sec. 622.41  Species specific limitations.

                                * * * * *

    (a) * * *
    (4) * * *
    (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.

                                * * * * *



Sec. 622.42  Quotas.

    Quotas apply for the fishing year for each species or species group. 
Except for the quotas for Gulf and South Atlantic coral, the quotas 
include species harvested from state waters adjoining the EEZ. Quotas 
for species managed

[[Page 276]]

under this part are as follows. (See Sec. 622.32 for limitations on 
taking prohibited and limited-harvest species. The limitations in Sec. 
622.32 apply without regard to whether the species is harvested by a 
vessel operating under a commercial vessel permit or by a person subject 
to the bag limits.)
    (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 Sec. 622.4(a)(2)(v).
    (i) Red snapper -2.55 million lb (1.16 million kg), round weight.
    (A) Two-thirds of the quota specified in Sec. 622.42(a)(1)(i), 3.10 
million lb (1.41 million kg), available at noon on February 1 each year, 
subject to the closure provisions of Sec. Sec. 622.34(l) and 
622.43(a)(1)(i).
    (B) The remainder available at noon on October 1 each year, subject 
to the closure provisions of Sec. Sec. 622.34(l) and 622.43(a)(1)(i).
    (ii) Deep-water groupers (DWG) combined--1.02 million lb (0.46 
million kg), gutted weight, that is, eviscerated but otherwise whole.
    (iii) Shallow-water groupers (SWG) have a combined quota as 
specified in paragraph (a)(1)(iii)(A) of this section. Within the SWG 
quota there are separate quotas for gag and red grouper as specified in 
paragraphs (a)(1)(iii)(B) and (C) of this section, respectively. The 
quotas specified in paragraphs (a)(1)(iii)(A) through (C) of this 
section are all in gutted weight, that is eviscerated but otherwise 
whole.
    (A) SWG combined. (1) For fishing year 2009--7.48 million lb (3.39 
million kg).
    (2) For fishing year 2010--7.57 million lb (3.43 million kg).
    (3) For fishing year 2011 and subsequent fishing years--7.65 million 
lb (3.47 million kg).
    (B) Gag. (1) For fishing year 2009--1.32 million lb (0.60 million 
kg).
    (2) For fishing year 2010--1.41 million lb (0.64 million kg).
    (3) For fishing year 2011 and subsequent fishing years--1.49 million 
lb (0.68 million kg).
    (C) Red grouper--5.75 million lb (2.61 million kg).
    (iv) Tilefishes (i.e., tilefish and goldface, blackline, anchor, and 
blueline tilefish) combined--0.44 million lb (0.20 million kg), gutted 
weight, that is, eviscerated but otherwise whole.
    (v) Greater amberjack--503,000 lb (228,157 kg), round weight.
    (vi) Gray triggerfish--(A) For fishing year 2008--80,000 lb (36,287 
kg), round weight.
    (B) For fishing year 2009 -93,000 lb (42,184 kg), round weight.
    (C) For fishing year 2010 and subsequent fishing years--106,000 lb 
(48,081 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. The recreational quota for 
red snapper is 2.45 million lb (1.11 million kg), round weight.
    (ii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack is 1,368,000 lb (620,514 kg), round weight.
    (b) Gulf and South Atlantic allowable octocoral. The quota for all 
persons who harvest allowable octocoral in the EEZ of the Gulf and South 
Atlantic is 50,000 colonies. A colony is a continuous group of coral 
polyps forming a single unit.
    (c) King and Spanish mackerel. King and Spanish mackerel quotas 
apply to persons who fish under commercial vessel permits for king or 
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (iv). A 
fish is counted against the quota for the area where it is caught when 
it is first sold.
    (1) Migratory groups of king mackerel--(i) Gulf migratory group. The 
quota for the Gulf migratory group of king mackerel is 3.26 million lb 
(1.48 million kg). The Gulf migratory group is divided into eastern and 
western zones separated by 87[deg]31[min]06[sec] W. long., which is a 
line directly south from the Alabama/Florida boundary. Quotas for the 
eastern and western zones are as follows:
    (A) Eastern zone--2.25 million lb (1.02 million kg), which is 
further divided into quotas as follows:
    (1) Florida east coast subzone--1,040,625 lb (472,020 kg).

[[Page 277]]

    (2) Florida west coast subzone--(i) Southern--1,040,625 lb (472,020 
kg), which is further divided into a quota of 520,312 lb (236,010 kg) 
for vessels fishing with hook-and-line and a quota of 520,312 lb 
(236,010 kg) for vessels fishing with run-around gillnets.
    (ii) Northern--168,750 lb (76,544 kg).
    (3) Description of Florida subzones. The Florida east coast subzone 
is that part of the eastern zone north of 25[deg]20.4[min] N. lat., 
which is a line directly east from the Miami-Dade/Monroe County, FL, 
boundary. The Florida west coast subzone is that part of the eastern 
zone south and west of 25[deg]20.4[min] N. lat. The Florida west coast 
subzone is further divided into southern and northern subzones. From 
November 1 through March 31, the southern subzone is that part of the 
Florida west coast subzone that extends south and west from 
25[deg]20.4[min] N. lat. to 26[deg]19.8[min] N. lat., a line directly 
west from the Lee/Collier County, FL, boundary (i.e., the area off 
Collier and Monroe Counties). From April 1 through October 31, the 
southern subzone is that part of the Florida west coast subzone that is 
between 26[deg]19.8[min] N. lat. and 25[deg]48[min] N. lat., which is a 
line directly west from the Monroe/Collier County, FL, boundary (i.e., 
off Collier County). The northern subzone is that part of the Florida 
west coast subzone that is between 26[deg]19.8[min] N. lat. and 
87[deg]31[min]06[sec] W. long., which is a line directly south from the 
Alabama/Florida boundary.
    (B) Western zone--1.01 million lb (0.46 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of king mackerel is 3.71 million lb (1.68 million kg). No more 
than 0.40 million lb (0.18 million kg) may be harvested by purse seines.
    (2) Migratory groups of Spanish mackerel--(i) Gulf migratory group. 
The quota for the Gulf migratory group of Spanish mackerel is 5.187 
million lb (2.353 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of Spanish mackerel is 3.87 million lb (1.76 million kg).
    (d) Royal red shrimp in the Gulf. The quota for all persons who 
harvest royal red shrimp in the Gulf is 392,000 lb (177.8 mt), tail 
weight.
    (e) South Atlantic snapper-grouper, excluding wreckfish. The quotas 
apply to persons who are not subject to the bag limits. (See Sec. 
622.39(a)(1) for applicability of the bag limits.) The quotas are in 
gutted weight, that is, eviscerated but otherwise whole.
    (1) Snowy grouper. (i) For the fishing year that commences January 
1, 2007--118,000 lb (53,524 kg).
    (ii) For the fishing year that commences January 1, 2008, and for 
subsequent fishing years-84,000 lb (38,102 kg).
    (2) Golden tilefish--295,000 lb (133,810 kg).
    (3) Greater amberjack--1,169,931 lb (530,672 kg).
    (4) Vermilion snapper. (i) For the period January through June each 
year--315,523 lb (143,119 kg).
    (ii) For the period July through December each year--302,523 lb 
(137,222 kg).
    (iii) Any unused portion of the quota specified in paragraph 
(e)(4)(i) of this section will be added to the quota specified in 
paragraph (e)(4)(ii) of this section. Any unused portion of the quota 
specified in paragraph (e)(4)(ii) of this section, including any 
addition of quota specified in paragraph (e)(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 fishing year that commences June 1, 
2006--477,000 lb (216,364 kg).
    (ii) For the fishing year that commences June 1, 2007--423,000 lb 
(191,870 kg).
    (iii) For the fishing year that commences June 1, 2008, and for 
subsequent fishing years--309,000 lb (140,160 kg).
    (6) Red porgy--127,000 lb (57,606 kg).
    (7) Gag--352,940 lb (160,091 kg).
    (f) Wreckfish. The quota for wreckfish applies to wreckfish 
shareholders, or their employees, contractors, or agents, and is 2 
million lb (907,185 kg), round weight. See Sec. 622.15 for information 
on the wreckfish shareholder under the ITQ system.
    (g) Pelagic sargassum. 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 Sec. 622.35(g)(1) for area limitations on the harvest of 
pelagic sargassum.

[61 FR 34934, July 3, 1996]

[[Page 278]]


    Editorial Note: For Federal Register citations affecting Sec. 
622.42, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 622.43  Closures.

    (a) General. When a quota specified in Sec. 622.42 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 following closure restrictions apply:
    (1) Gulf reef fish--(i) Commercial quotas. The application of bag 
limits described in this paragraph (a)(1)(i) 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 Sec. 
622.39(a)(5).
    (A) If the recreational fishery for the indicated species is open, 
the bag and possession limits specified in Sec. 622.39(b) 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 Sec. 
622.4(a)(2)(v), without regard to where such red snapper were harvested.
    (B) 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.
    (ii) Recreational quota for red snapper. The bag and possession 
limit for red snapper in or from the Gulf EEZ is zero.
    (iii) Recreational quota for greater amberjack. The bag and 
possession limit for greater amberjack in or from the Gulf EEZ is zero.
    (2) Gulf and South Atlantic allowable octocoral. Allowable octocoral 
may not be harvested or possessed in the Gulf EEZ or South Atlantic EEZ 
and the sale or purchase of allowable octocoral in or from the Gulf EEZ 
or South Atlantic EEZ is prohibited.
    (3) King and Spanish mackerel. The closure provisions of this 
paragraph (a)(3) do not apply to Atlantic migratory group Spanish 
mackerel, which are managed under the commercial trip limits specified 
in Sec. 622.44(b) in lieu of the closure provisions of this section.
    (i) A person aboard a vessel for which a commercial permit for king 
or Spanish mackerel has been issued, as required under Sec. 
622.4(a)(2)(iii) or (iv), 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 Sec. 622.39(c) for the closed 
species, migratory group, zone, subzone, or gear, except as provided for 
under paragraph (a)(3)(ii) of this section.
    (ii) 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 Sec. 
622.39(c), provided the vessel is operating as a charter vessel or 
headboat.
    (iii) The sale or purchase of king or Spanish mackerel of the closed 
species, migratory group, zone, subzone, or gear type is prohibited, 
including such king or Spanish mackerel taken under the bag limits.
    (4) Royal red shrimp in the Gulf. 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.
    (5) South Atlantic gag, greater amberjack, snowy grouper, golden 
tilefish, vermilion snapper, black sea bass, and red porgy. (i) The 
appropriate bag limits specified in Sec. 622.39(d)(1) and the 
possession limits specified in Sec. 622.39(d)(2) 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.
    (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

[[Page 279]]

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.
    (iii) For gag only, when the commercial quota for gag is reached, 
the provisions of paragraphs (a)(5)(i) and (ii) of this section apply to 
gag and the following associated grouper species: black grouper, red 
grouper, scamp, red hind, rock hind, yellowmouth grouper, tiger grouper, 
yellowfin grouper, graysby, and coney.
    (6) Wreckfish. Wreckfish in or from the South Atlantic EEZ may not 
be retained, and the sale or purchase of wreckfish taken from the South 
Atlantic EEZ is prohibited.
    (7) Pelagic sargassum. 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.
    (b) Exception to prohibition on sale/purchase. (1) The prohibition 
on sale/purchase during a closure for Gulf reef fish, king and Spanish 
mackerel, royal red shrimp, or specified snapper-grouper species in 
paragraphs (a)(1), (a)(3)(iii), (a)(4), or (a)(5) and (a)(6), 
respectively, of this section does not apply to the indicated species 
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) The prohibition on sale/purchase during a closure for allowable 
octocoral in paragraph (a)(2) of this section or for pelagic sargassum 
in paragraph (a)(7) of this section does not apply to allowable 
octocoral or pelagic sargassum that was harvested and landed ashore 
prior to the effective date of the closure.
    (c) Reopening. When a fishery has been closed based on a projection 
of the quota specified in Sec. 622.42 being reached and subsequent data 
indicate that the quota 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 fishery to provide an 
opportunity for the quota to be reached.

[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 
FR 46679, Sept. 4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 10569, Mar. 
4, 1998; 64 FR 3629, Jan. 25, 1999; 64 FR 59126, Nov. 2, 1999; 67 FR 
43565, June 28, 2002; 68 FR 57378, Oct. 3, 2003; 71 FR 45436, Aug. 9, 
2006; 71 FR 55107, Oct. 23, 2006; 73 FR 38143, July 3, 2008; 74 FR 
30972, June 29, 2009]



Sec. 622.44  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. For fisheries governed by this part, 
commercial trip limits apply as follows (all weights are round or 
eviscerated weights unless specified otherwise):
    (a) King mackerel--(1) Atlantic group. The following trip limits 
apply to vessels for which commercial permits for king mackerel have 
been issued, as required under Sec. 622.4(a)(2)(iii):
    (i) North of 29[deg]25[min] 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[deg]25[min] N. lat. and 28[deg]47.8[min] 
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[deg]47.8[min] N. lat. and 
25[deg]20.47[min] 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.

[[Page 280]]

    (iv) In the area between 25[deg]20.4[min] N. lat. and 25[deg]48[min] 
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 group. Commercial trip limits are established in the 
eastern and western zones as follows. (See Sec. 622.42(c)(1)(i) for 
specification of the eastern and western zones and Sec. 
622.42(c)(1)(i)(A)(3) for specifications 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 Sec. 622.4(a)(2)(iii) as 
follows:
    (A) From November 1 through January 31--not to exceed 50 fish.
    (B) Beginning on February 1 and continuing through March 31--
    (1) If 75 percent or more of the Florida east coast subzone quota as 
specified in Sec. 622.42(c)(1)(i)(A)(1) has been taken--not to exceed 
50 fish.
    (2) If less than 75 percent of the Florida east coast subzone quota 
as specified in Sec. 622.42(c)(1)(i)(A)(1) has been taken--not to 
exceed 75 fish.
    (ii) Eastern zone-Florida west coast subzone--(A) Gillnet gear. (1) 
In the southern Florida west coast 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 required under Sec. 622.4(a)(2)(ii), in 
amounts not exceeding 25,000 lb (11,340 kg) per day, provided the 
gillnet fishery for Gulf group king mackerel is not closed under Sec. 
622.34(p) or Sec. 622.43(a).
    (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 Sec. 622.42(c)(1)(i)(A)(2)(i).
    (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 Sec. 
622.4(a)(2)(iii), and operating under the hook-and-line gear quotas in 
Sec. 622.42(c)(1)(i)(A)(2)(i) or (c)(1)(i)(A)(2)(ii):
    (1) From July 1, each fishing year, until 75 percent of the 
respective northern or southern subzone's hook-and-line gear quota has 
been harvested--in amounts not exceeding 1,250 lb (567 kg) per day.
    (2) From the date that 75 percent of the respective northern or 
southern subzone's hook-and-line gear quota has been harvested, until a 
closure of the respective northern or southern subzone's fishery for 
vessels fishing with hook-and-line gear has been effected under Sec. 
622.43(a)--in amounts not exceeding 500 lb (227 kg) per day.
    (iii) Notice of trip limit changes. The Assistant Administrator, by 
filing a notification of trip limit change with the Office of the 
Federal Register, will effect the trip limit changes specified in 
paragraphs (a)(2)(i) and (a)(2)(ii)(B) of this section when the 
requisite harvest level has been reached or is projected to be reached.
    (iv) 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 
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure 
of the western zone's fishery has been effected under Sec. 622.43(a)--
in amounts not exceeding 3,000 lb (1,361 kg) per day.

[[Page 281]]

    (b) Spanish mackerel. (1) Commercial trip limits are established for 
Atlantic migratory group Spanish mackerel as follows:
    (i) North of 30[deg]42[min]45.6[sec] N. lat., which is a line 
directly east from the Georgia/Florida boundary, 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 Sec. 622.4(a)(2)(iv), in amounts exceeding 3,500 lb 
(1,588 kg).
    (ii) South of 30[deg]42[min]45.6[sec] N. lat., 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 Sec. 622.4(a)(2)(iv)--
    (A) From March 1 through November 30, in amounts exceeding 3,500 lb 
(1,588 kg).
    (B) From December 1 until 75 percent of the adjusted quota is taken, 
in amounts as follows:
    (1) Mondays through Fridays--unlimited.
    (2) Saturdays and Sundays--not exceeding 1,500 lb (680 kg).
    (C) After 75 percent of the adjusted quota is taken until 100 
percent of the adjusted quota is taken, in amounts not exceeding 1,500 
lb (680 kg).
    (D) After 100 percent of the adjusted quota is taken through the end 
of the fishing year, in amounts not exceeding 500 lb (227kg).
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota is 3.62 million lb (1.64 million kg). The adjusted quota 
is the quota for Atlantic migratory group Spanish mackerel reduced by an 
amount calculated to allow continued harvests 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. 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 is reached or is 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.
    (c) South Atlantic snapper-grouper. When a vessel fishes on a trip 
in the South Atlantic EEZ, the vessel trip limits specified in this 
paragraph (c) apply, provided persons aboard the vessel are not subject 
to the bag limits. See Sec. 622.39(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) Until 75 percent of the fishing year quota 
specified in Sec. 622.42(e)(2) is reached--4,000 lb (1,814 kg).
    (ii) After 75 percent of the fishing year quota specified in Sec. 
622.42(e)(2) is reached--300 lb (136 kg). However, if 75 percent of the 
fishing year quota has not been taken on or before September 1, the trip 
limit will not be reduced. The Assistant Administrator, by filing a 
notification of trip limit change with the Office of the Federal 
Register, will effect a trip limit change specified in this paragraph, 
(c)(2)(ii), when the applicable conditions have been taken.
    (iii) See Sec. 622.43(a)(5) for the limitations regarding golden 
tilefish after the fishing year quota is reached.
    (3) Snowy grouper. (i) During the 2007 fishing year, until the quota 
specified in Sec. 622.42(e)(1)(ii) is reached--175 lb (79 kg).
    (ii) During the 2008 and subsequent fishing years, until the quota 
specified in Sec. 622.42(e)(1)(iii) is reached--100 lb (45 kg).
    (iii) See Sec. 622.43(a)(5) 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.
    (ii) From January 1 through April 30, the seasonal harvest limit 
specified in Sec. 622.36(b)(5) applies.

[[Page 282]]

    (iii) See Sec. 622.43(a)(5) for the limitations regarding red porgy 
after the fishing year quota is reached.
    (5) Greater amberjack. Until the fishing year quota specified in 
Sec. 622.42(e)(3) is reached, 1,000 lb (454 kg). See Sec. 622.43(a)(5) 
for the limitations regarding greater amberjack after the fishing year 
quota is reached.
    (d) [Reserved]
    (e) Caribbean queen conch. A person who fishes in the Caribbean EEZ 
and is not subject to the bag limit may not possess in or from the 
Caribbean EEZ more than 150 queen conch per day.
    (f) 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[deg] N. lat. (A charter vessel/
headboat permit is not a commercial vessel permit.)
    (g) [Reserved]
    (h) Gulf gag and red grouper. For vessels operating under the quota 
specifications in Sec. 622.42(a)(1)(iii)(B) or (a)(1)(iii)(C), once 80 
percent of either the gag or red grouper quota is reached, or projected 
to be reached, and the quota for the applicable species is projected to 
be reached prior to the end of the fishing year, the AA will file a 
notification with the Office of the Federal Register to implement a trip 
limit for the applicable species of 200 lb (90.7 kg), gutted weight. 
However, when the SWG, gag, or red grouper quota as specified in Sec. 
622.42(a)(1)(iii)(A), (B), or (C), respectively, is reached, or 
projected to be reached, the commercial trip limit for the species 
subject to the closure is zero.

[61 FR 34934, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
622.44, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 622.45  Restrictions on sale/purchase.

    In addition to restrictions on sale/purchase related to closures, as 
specified in Sec. 622.43 (a) and (b), restrictions on sale and/or 
purchase apply as follows.
    (a) Caribbean coral reef resource. (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) Caribbean reef fish. 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.
    (c) Gulf reef fish. (1) 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 Sec. 622.4(a)(2)(v), or a Gulf reef fish 
possessed under the bag limits specified in Sec. 622.39(b), may not be 
sold or purchased.
    (2) A Gulf reef fish harvested on board a vessel that has a valid 
commercial permit for Gulf reef fish may be sold only to a dealer who 
has a valid permit for Gulf reef fish, as required under Sec. 
622.4(a)(4).
    (3) A Gulf reef fish harvested in the EEZ may be purchased by a 
dealer who has a valid permit for Gulf reef fish, as

[[Page 283]]

required under Sec. 622.4(a)(4), only from a vessel that has a valid 
commercial permit for Gulf reef fish.
    (4) From February 15 until March 15, each year, no person may sell 
or purchase a gag, black grouper, or red grouper harvested from the Gulf 
by a vessel with a valid Federal commercial permit for Gulf reef fish. 
This prohibition on sale/purchase does not apply to gag, black grouper, 
or red grouper that were harvested, landed ashore, and sold prior to 
February 15 and were held in cold storage by a dealer or processor.
    (d) South Atlantic snapper-grouper. (1) A person may sell South 
Atlantic snapper-grouper harvested in the EEZ only to a dealer who has a 
valid permit for South Atlantic snapper-grouper, as required under Sec. 
622.4(a)(4).
    (2) A person may purchase South Atlantic snapper-grouper harvested 
in the EEZ only from a vessel that has a valid commercial permit for 
South Atlantic snapper-grouper, as required under Sec. 622.4(a)(2)(vi), 
or from a person who has a valid commercial license to sell fish in the 
state where the purchase occurs.
    (3) Except for the sale or purchase of South Atlantic snapper-
grouper harvested by a vessel that has a valid commercial permit for 
South Atlantic snapper-grouper, the sale or purchase of such fish is 
limited to the bag limits specified in Sec. 622.39(d)(1).
    (4) A warsaw grouper or speckled hind in or from the South Atlantic 
EEZ may not be sold or purchased.
    (5) 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 or charter 
vessel/headboat permit for South Atlantic snapper-grouper has been 
issued, harvested from the South Atlantic. 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. Such documentation 
must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;
    (ii) The official number, name, and home port of the vessel 
harvesting the red porgy;
    (iii) The port and date of offloading from the vessel harvesting the 
red porgy; and
    (iv) A statement signed by the dealer attesting that the red porgy 
was harvested from an area other than the South Atlantic.
    (6) 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 or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, harvested from the South 
Atlantic. 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. Such documentation must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;
    (ii) The official number, name, and home port of the vessel 
harvesting the greater amberjack;
    (iii) The port and date of offloading from the vessel harvesting the 
greater amberjack; and
    (iv) A statement signed by the dealer attesting that the greater 
amberjack was harvested from an area other than the South Atlantic.
    (7) During January through April, no person may sell or purchase a 
gag, black grouper, red grouper, scamp, red hind, rock hind, yellowmouth 
grouper, tiger grouper, yellowfin grouper, graysby, or coney harvested 
from or

[[Page 284]]

possessed in the South Atlantic EEZ or, if harvested or possessed by a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, harvested 
from the South Atlantic, i.e., state or 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. 
Such documentation must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;
    (ii) The official number, name, and home port of the vessel 
harvesting such fish;
    (iii) The port and date of offloading from the vessel harvesting 
such fish, and;
    (iv) A statement signed by the dealer attesting that such fish was 
harvested from an area other than the South Atlantic.
    (8) No person may sell or purchase a snowy grouper, golden tilefish, 
greater amberjack, vermilion snapper, black sea bass, or red porgy 
harvested from or possessed in the South Atlantic by a vessel for which 
a valid Federal commercial or charter vessel/headboat 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 Sec. 622.42(e) 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.
    (e) Gulf and South Atlantic wild live rock. Wild live rock in or 
from the Gulf EEZ or 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, or to wild live rock from the Gulf EEZ that was 
harvested and landed prior to January 1, 1997.
    (f) South Atlantic golden crab. (1) A female golden crab in or from 
the South Atlantic EEZ may not be sold or purchased.
    (2) 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 Sec. 622.4(a)(2)(x), may not be sold or purchased.
    (3) A golden crab harvested on board a vessel that has a valid 
commercial permit for golden crab may be sold only to a dealer who has a 
valid permit for golden crab, as required under Sec. 622.4(a)(4).
    (4) A golden crab harvested in the South Atlantic EEZ may be 
purchased by a dealer who has a valid permit for golden crab, as 
required under Sec. 622.4(a)(4), only from a vessel that has a valid 
commercial permit for golden crab.
    (g) 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 Sec. 
622.4(a)(2)(viii), may not be transferred, received, sold, or purchased.
    (2) Rock shrimp harvested on board a vessel that has a valid 
commercial permit for rock shrimp may be transferred or sold only to a 
dealer who has a valid permit for rock shrimp, as required under Sec. 
622.4(a)(4).
    (3) Rock shrimp harvested in the South Atlantic EEZ may be received 
or purchased by a dealer who has a valid permit for rock shrimp, as 
required under Sec. 622.4(a)(4), only from a vessel that has a valid 
commercial permit for rock shrimp.
    (h) 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 Sec. 622.37(c)(2) 
or (c)(3), respectively, or that is in excess of the trip limits 
specified in Sec. 622.44(a) or (b), respectively.
    (i) Atlantic dolphin and wahoo. (1) A person may sell dolphin or 
wahoo harvested in the Atlantic EEZ only if it is

[[Page 285]]

harvested by a vessel that has a commercial permit for Atlantic dolphin 
and wahoo, as required under Sec. 622.4(a)(2)(xii)(A), or by a vessel 
authorized a 200-lb (91-kg) trip limit for dolphin or wahoo, as 
specified in Sec. 622.44(f)(2), and only to a dealer who has a permit 
for Atlantic dolphin or wahoo, as required under Sec. 622.4(a)(4).
    (2) In addition to the provisions of paragraph (i)(1) of this 
section, a person may not sell dolphin in excess of the bag limit or any 
wahoo harvested in the Atlantic EEZ by a vessel while it was operating 
as a charter vessel or headboat.
    (3) Dolphin or wahoo harvested in the Atlantic EEZ may be purchased 
only by a dealer who has a permit for Atlantic dolphin and wahoo and 
only from a vessel authorized to sell dolphin or wahoo under paragraph 
(i)(1) or (i)(2) of this section.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 61 
FR 47449, Sept. 9, 1996; 63 FR 10569, Mar. 4, 1998; 63 FR 57590, Oct. 
28, 1998; 64 FR 3629, Jan. 25, 1999; 64 FR 59126, Nov. 2, 1999; 65 FR 
16341, Mar. 28, 2000; 65 FR 31831, May 19, 2000; 65 FR 51253, Aug. 23, 
2000; 69 FR 30242, May 27, 2004; 70 FR 33389, June 8, 2005; 71 FR 55108, 
Oct. 23, 2006; 73 FR 411, Jan. 3, 2008; 74 FR 30972, June 29, 2009]



Sec. 622.46  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 FMP 
for the Shrimp Fishery of the Gulf of Mexico, 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.
    (c) In accordance with the procedures and restrictions of the FMP 
for Coastal Migratory Pelagic Resources, when the RA determines that a 
conflict exists in the king mackerel fishery between hook-and-line and 
gillnet fishermen in the South Atlantic EEZ off the east coast of 
Florida between 27[deg]00.6[min] N. lat. and 27[deg]50.0[min] N. lat., 
the RA may prohibit or restrict the use of hook-and-line and/or gillnets 
in all or a portion of that area. Necessary prohibitions or restrictions 
will be published in the Federal Register.

[61 FR 34934, July 3, 1996, as amended at 64 FR 59126, Nov. 2, 1999]



Sec. 622.47  Gulf groundfish trawl fishery.

    Gulf groundfish trawl fishery 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 in the Gulf groundfish trawl fishery 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 closure.
    (b) Other provisions of this part notwithstanding, a dealer in a 
Gulf state is exempt from the requirement for a dealer permit for Gulf 
reef fish to receive Gulf reef fish harvested from the Gulf EEZ by a 
vessel in the Gulf groundfish trawl fishery.



Sec. 622.48  Adjustment of management measures.

    In accordance with the framework procedures of the applicable FMPs, 
the RA may establish or modify the following items:
    (a) Caribbean coral reef resources. Species for which management 
measures may be specified; prohibited species; harvest limitations, 
including quotas, trip, or daily landing limits; gear restrictions; 
closed seasons or areas; and marine conservation districts.
    (b) Caribbean reef fish. Size limits, closed seasons or areas, fish 
trap mesh size, and the threshold level for overfishing.
    (c) Coastal migratory pelagic fish. For a species or species group: 
Age-structured analyses, target date for rebuilding an overfished 
species, MSY (or

[[Page 286]]

proxy), stock biomass achieved by fishing at MSY (BMSY) (or 
proxy), maximum fishing mortality threshold (MFMT), minimum stock size 
threshold (MSST), OY, TAC, quota (including a quota of zero), bag limit 
(including a bag limit of zero), size limits, vessel trip limits, closed 
seasons or areas and reopenings, gear restrictions (ranging from 
regulation to complete prohibition), reallocation of the commercial/
recreational allocation of Atlantic group Spanish mackerel, permit 
requirements, definitions of essential fish habitat, and essential fish 
habitat HAPCs or Coral HAPCs.
    (d) Gulf reef fish. (1) For a species or species group: Target date 
for rebuilding an overfished species, TAC, bag limits, size limits, 
vessel trip limits, closed seasons or areas, gear restrictions, quotas, 
MSY (or proxy), OY, and estimates of stock biomass achieved by fishing 
at MSY (BMSY), minimum stock size threshold (MSST), and 
maximum fishing mortality threshold (MFMT).
    (2) SMZs and the gear restrictions applicable in each.
    (e) Gulf royal red shrimp. MSY, OY, and TAC.
    (f) South Atlantic snapper-grouper and wreckfish. Biomass levels, 
age-structured analyses, target dates for rebuilding overfished species, 
MSY, ABC, TAC, quotas, trip limits, bag limits, minimum sizes, gear 
restrictions (ranging from regulation to complete prohibition), seasonal 
or area closures, 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.
    (g) 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.
    (h) South Atlantic shrimp. 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.
    (i) Gulf shrimp. Closed seasons and areas, target effort and fishing 
mortality reduction levels, bycatch reduction criteria, BRD 
certification and decertification criteria, BRD testing protocol, 
certified BRDs, and BRD specification.
    (j) Gulf red drum. Target date for rebuilding an overfished species, 
MSY (or proxy), stock biomass achieved by fishing at MSY 
(BMSY), OY, TAC, minimum stock size threshold (MSST), maximum 
fishing mortality threshold (MFMT), escapement rates for juvenile fish, 
bag limits, size limits, gear harvest limits, and other restrictions 
required to prevent exceeding allocations or quotas.
    (k) South Atlantic coral, coral reefs, and live/hard bottom 
habitats. Definitions of essential fish habitat and essential fish 
habitat HAPCs or Coral HAPCs.
    (l) Atlantic dolphin and wahoo. Biomass levels, age-structured 
analyses, MSY, OY, ABC, TAC, 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.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 62 
FR 13988, Mar. 25, 1997; 62 FR 18539, Apr. 16, 1997; 63 FR 10569, Mar. 
4, 1998; 63 FR 18144, Apr. 14, 1998; 64 FR 36781, July 8, 1999; 65 FR 
31835, May 19, 2000; 65 FR 37296, June 14, 2000; 65 FR 51253, Aug. 23, 
2000; 67 FR 22362, May 3, 2002; 69 FR 30242, May 27, 2004; 73 FR 5128, 
Jan. 29, 2008; 73 FR 58061, Oct. 6, 2008]

[[Page 287]]



Sec. 622.49  Accountability measures.

    (a) Gulf reef fish--(1) Greater amberjack--(i) Commercial fishery. 
If commercial landings, as estimated by the SRD, reach or are projected 
to reach the applicable quota specified in Sec. 622.42(a)(1)(v), the 
Assistant Administrator for Fisheries, NOAA, (AA) will file a 
notification with the Office of the Federal Register to close the 
commercial fishery for the remainder of the fishing year. In addition, 
if despite such closure, commercial landings exceed the quota, 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 quota for 
that following year by the amount of the overage in the prior fishing 
year.
    (ii) Recreational fishery. If recreational landings, as estimated by 
the SRD, reach or are projected to reach the applicable recreational 
quota specified in Sec. 622.42(a)(2)(ii), the AA will file a 
notification with the Office of the Federal Register, to close the 
recreational fishery for the remainder of the fishing year. In addition, 
if despite such closure, recreational landings exceed the quota, 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 recreational fishing season for the following fishing year by the 
amount necessary to recover the overage from the prior 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 recreational harvest 
achieves but does not exceed the intended harvest level.
    (2) Gray triggerfish--(i) Commercial fishery. If commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
applicable quota specified in Sec. 622.42(a)(1)(vi), the AA will file a 
notification with the Office of the Federal Register to close the 
commercial fishery for the remainder of the fishing year. In addition, 
if despite such closure, commercial landings exceed the applicable 
annual catch limit (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 quota for that following year by 
the amount the prior-year ACL was exceeded. The applicable ACLs are 
105,000 lb (47,627 kg) for 2008, 122,000 lb (55,338 kg) for 2009, and 
138,000 lb (62,596 kg) for 2010 and subsequent fishing years.
    (ii) Recreational fishery. If recreational landings, as estimated by 
the SRD, exceed the applicable ACL, the AA will file a notification with 
the Office of the Federal Register reducing the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational target total 
allowable catch for that following fishing year. The applicable ACLs are 
394,000 lb (178,715 kg) for 2008, 426,000 lb (193,230 kg) for 2009, and 
457,000 lb (207,291 kg) for 2010 and subsequent fishing years. The 
recreational target total allowable catches are 356,000 lb (161,479 kg) 
for 2009 and 405,000 lb (183,705 kg) for 2010 and subsequent fishing 
years. Recreational landings will be evaluated relative to the 
applicable ACL as follows. For 2008, only 2008 recreational landings 
will be compared to the ACL; in 2009, the average of 2008 and 2009 
recreational landings will be compared to the ACL; and in 2010 and 
subsequent fishing years, the 3-year running average recreational 
landings will be compared to the ACL.
    (3) Shallow-water grouper (SWG) combined. (i) Commercial fishery. If 
either gag, red grouper, or SWG commercial landings, as estimated by the 
SRD, reach or are projected to reach the applicable quota specified in 
Sec. 622.42(a)(1)(iii), the AA will file a notification with the Office 
of the Federal Register to close the entire SWG commercial fishery for 
the remainder of the fishing year. In addition, if despite such closure, 
SWG commercial landings exceed the applicable ACL as specified in this 
paragraph (a)(3)(i), the AA will file a notification with the Office of 
the Federal Register, at or near the beginning of the following fishing 
year, to maintain the SWG commercial quota for that following year at 
the level of the prior year's quota. The applicable commercial ACLs for 
SWG, in gutted weight, are 7.94 million lb (3.60 million kg) for 2009, 
7.99 million lb (3.62 million kg) for 2010, and 8.04 million lb

[[Page 288]]

(3.65 million kg) for 2011 and subsequent fishing years.
    (ii) [Reserved]
    (4) Gag. (i) Commercial fishery. If gag commercial landings, as 
estimated by the SRD, reach or are projected to reach the applicable 
quota specified in Sec. 622.42(a)(1)(iii)(B), the AA will file a 
notification with the Office of the Federal Register to close the SWG 
commercial fishery for the remainder of the fishing year. In addition, 
if despite such closure, gag commercial landings exceed the applicable 
ACL as specified in this paragraph (a)(4)(i), the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year, to maintain the gag commercial 
quota for that following year at the level of the prior year's quota. 
The applicable commercial ACLs for gag, in gutted weight, are 1.66 
million lb (0.75 million kg) for 2009, 1.71 million lb (0.78 million kg) 
for 2010, and 1.76 million lb (0.80 million kg) for 2011 and subsequent 
fishing years.
    (ii) Recreational fishery. If gag recreational landings, as 
estimated by the SRD, exceed the applicable ACL specified in this 
paragraph (a)(4)(ii), the AA will file a notification with the Office of 
the Federal Register, at or near the beginning of the following fishing 
year, to maintain the gag target catch level for that following year at 
the level of the prior year's target catch. In addition, the 
notification will reduce the length of the recreational SWG fishing 
season the following fishing year by the amount necessary to ensure gag 
recreational landings do not exceed the recreational target catch level 
in that following fishing year. The applicable recreational ACLs for 
gag, in gutted weight, are 2.59 million lb (1.17 million kg) for 2009, 
2.64 million lb (1.20 million kg) for 2010, and 2.67 million lb (1.21 
million kg) for 2011 and subsequent fishing years. The recreational 
target catch levels for gag, in gutted weight, are 2.06 million lb (0.93 
million kg) for 2009, 2.14 million lb (0.97 million kg) for 2010, and 
2.20 million lb (1.00 million kg) for 2011 and subsequent fishing years. 
Recreational landings will be evaluated relative to the applicable ACL 
as follows. For 2009, only 2009 recreational landings will be compared 
to the ACL; in 2010, the average of 2009 and 2010 recreational landings 
will be compared to the ACL; and in 2011 and subsequent fishing years, 
the 3-year running average recreational landings will be compared to the 
ACL.
    (5) Red grouper. (i) Commercial fishery. If red grouper commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
applicable quota specified in Sec. 622.42(a)(1)(iii)(C), the AA will 
file a notification with the Office of the Federal Register to close the 
SWG commercial fishery for the remainder of the fishing year. In 
addition, if despite such closure, red grouper commercial landings 
exceed the ACL, 5.87 million lb (2.66 million kg) gutted weight, the AA 
will file a notification with the Office of the Federal Register, at or 
near the beginning of the following fishing year, to maintain the red 
grouper commercial quota for that following year at the level of the 
prior year's quota.
    (ii) Recreational fishery. If red grouper recreational landings, as 
estimated by the SRD, exceed the applicable ACL specified in this 
paragraph (a)(5)(ii), the AA will file a notification with the Office of 
the Federal Register, at or near the beginning of the following fishing 
year, to maintain the red grouper target catch level for that following 
year at the level of the prior year's target catch. In addition, the 
notification will reduce the length of the recreational SWG fishing 
season the following fishing year by the amount necessary to ensure red 
grouper recreational landings do not exceed the recreational target 
catch level the following fishing year. The recreational ACL for red 
grouper, in gutted weight, is 1.85 million lb (0.84 million kg). The 
recreational target catch level for red grouper, in gutted weight, is 
1.82 million lb (0.82 million kg). Recreational landings will be 
evaluated relative to the applicable ACL as follows. For 2009, only 2009 
recreational landings will be compared to the ACL; in 2010, the average 
of 2009 and 2010 recreational landings will be compared to the ACL; and 
in 2011 and subsequent fishing years, the 3-year running average 
recreational landings will be compared to the ACL.

[[Page 289]]

    (b) [Reserved]

[73 FR 31843, July 3, 2008, as amended at 74 FR 17610, Apr. 16, 2009]



Sec. 622.50  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 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 Sec. 640.27 of this chapter 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.

[74 FR 1151, Jan. 12, 2009]



               Sec. 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 Athecatae
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 Briaridae
    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
    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

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    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 agaricities, 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 Caryophyllidae
    Eusmilia fastigiata, Flower coral
    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
II. Sea grasses--Phylum Angiospermae
    Halodule wrightii, Shoal grass
    Halophila spp., Sea vines
    Ruppia maritima, Widgeon grass
    Syringodium filiforme, Manatee grass
    Thalassia testudium, Turtle grass

Aquarium Trade Species in the Coral FMP--The following species are 
          included for data collection purposes only.
I. Sponges--Phylum Porifera
A. Demosponges--Class Demospongiae
    Aphimedon compressa, Erect rope sponge
    Chondrilla nucula, Chicken liver sponge
    Cynachirella alloclada
    Geodia neptuni, Potato sponge
    Haliclona spp., Finger sponge
    Myriastra spp.
    Niphates digitalis, Pink vase sponge
    N. erecta, Lavender rope sponge
    Spinosella policifera
    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
    Hereractis 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
    Ricordia 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

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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
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
    Alpheaus 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
    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
    Silk snapper, Lutjanus vivanus
    Blackfin snapper, L. buccanella
    Black snapper, Apsilus dentatus
    Vermilion snapper, Rhomboplites aurorubens
Unit 2
    Queen snapper, Etelis oculatus
    Wenchman, Pristipomoides aquilonaris
Unit 3
    Gray snapper, Lutjanus griseus
    Lane snapper, Lutjanus synagris
    Mutton snapper, Lutjanus analis
    Dog snapper, Lutjanus jocu
    Schoolmaster, Lutjanus apodus
    Mahogany snapper, Lutjanus mahogani
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
    Red hind, Epinephelus guttatus
    Coney, Epinephelus fulvus
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Creole-fish, Paranthias furcifer
Unit 4
    Red grouper, Epinephelus morio
    Yellowedge grouper, Epinephelus flavolimbatus
    Misty grouper, Epinephelus mystacinus
    Tiger grouper, Mycteroperca tigris
    Yellowfin grouper, Mycteroperca venenosa
Haemulidae--Grunts
    White grunt, Haemulon plumieri
    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

[[Page 292]]

    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
    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 rigens
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--The following aquarium trade species are included for 
          data collection purposes only:
    Frogfish, Antennarius spp.
    Flamefish, Apogon maculatus
    Conchfish, Astrapogen 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
    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, Ogcocepahalus 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

            Table 3 of Appendix A to Part 622--Gulf Reef Fish

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
Carangidae--Jacks
    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
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray (mangrove) snapper, Lutjanus griseus
    Dog snapper, Lutjanus jocu

[[Page 293]]

    Mahogany snapper, Lutjanus mahogoni
    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
    Blackline tilefish, Caulolatilus cyanops
    Anchor tilefish, Caulolatilus intermedius
    Blueline tilefish, Caulolatilus microps
    Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Groupers
    Dwarf sand perch, Diplectrum bivittatum
    Sand perch, Diplectrum formosum
    Rock hind, Epinephelus adscensionis
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    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

    Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
    Queen triggerfish, Balistes vetula
    Ocean triggerfish, Canthidermis sufflamen
Carangidae--Jacks
    Yellow jack, Caranx bartholomaei
    Blue runner, Caranx crysos
    Crevalle jack, Caranx hippos
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
    Spadefish, Chaetodipterus faber
Haemulidae--Grunts
    Black margate, Anisotremus surinamensis
    Porkfish, Anisotremus virginicus
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    Smallmouth grunt, Haemulon chrysargyreum
    French grunt, Haemulon flavolineatum
    Spanish grunt, Haemulon macrostomum
    Cottonwick, Haemulon melanurum
    Sailors choice, Haemulon parrai
    White grunt, Haemulon plumieri
    Blue stripe grunt, Haemulon sciurus
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
    Puddingwife, Halichoeres radiatus
Lutjanidae--Snappers
    Black snapper, Apsilus dentatus
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    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
    Tiger grouper, Mycteroperca tigris
    Yellowfin grouper, Mycteroperca venenosa
Serranidae--Sea Basses
    Bank sea bass, Centropristis ocyurus
    Rock sea bass, Centropristis philadelphica
    Black sea bass, Centropristis striata
Sparidae--Porgies
    Sheepshead, Archosargus probatocephalus
    Grass porgy, Calamus arctifrons
    Jolthead porgy, Calamus bajonado
    Saucereye porgy, Calamus calamus
    Whitebone porgy, Calamus leucosteus
    Knobbed porgy, Calamus nodosus
    Red porgy, Pagrus pagrus
    Longspine porgy, Stenotomus caprinus
    Scup, Stenotomus chrysops

      Table 5 of Appendix A to Part 622--Caribbean Conch Resources

    Queen conch, Strombus gigas

    The following species are included for data collection purposes 
only:
    Atlantic triton's trumpet, Charonia variegata
    Cameo helmet, Cassis madagascarensis
    Green star shell, Astrea tuber

[[Page 294]]

    Hawkwing conch, Strombus raninus
    Milk conch, Strombus costatus
    Roostertail conch, Strombus gallus
    West Indian fighting conch, Strombus pugilis
    True tulip, Fasciolaria tulipa

[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 
FR 67723, Dec. 30, 1997; 64 FR 57404, Oct. 25, 1999; 70 FR 62082, Oct. 
28, 2005; 70 FR 73389, Dec. 12, 2005]

                   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 location
                \1\                     North lat.         West long.
------------------------------------------------------------------------
 1 Seaward limit of Florida's        24[deg]48.0[min]   82[deg]48.0[min]
 waters north of Dry Tortugas.....
 2 North of Rebecca Shoal.........   25[deg]07.5[min]   82[deg]34.0[min]
 3 Off Sanibel Island--Offshore...   26[deg]26.0[min]   82[deg]59.0[min]
 4 West of Egmont Key.............   27[deg]30.0[min]   83[deg]21.5[min]
 5 Off Anclote Keys--Offshore.....   28[deg]10.0[min]   83[deg]45.0[min]
 6 Southeast corner of Florida       28[deg]11.0[min]   84[deg]00.0[min]
 Middle Ground....................
 7 Southwest corner of Florida       28[deg]11.0[min]   84[deg]07.0[min]
 Middle Ground....................
 8 West corner of Florida Middle     28[deg]26.6[min]   84[deg]24.8[min]
 Ground...........................
 9 Northwest corner of Florida       28[deg]42.5[min]   84[deg]24.8[min]
 Middle Ground....................
10 South of Carrabelle............   29[deg]05.0[min]   84[deg]47.0[min]
11 South of Cape St. George.......   29[deg]02.5[min]   85[deg]09.0[min]
12 South of Cape San Blas lighted    29[deg]21.0[min]   85[deg]30.0[min]
 bell buoy--20 fathoms............
13 South of Cape San Blas lighted    28[deg]58.7[min]   85[deg]30.0[min]
 bell buoy--50 fathoms............
14 De Soto Canyon.................   30[deg]06.0[min]   86[deg]55.0[min]
15 South of Pensacola.............   29[deg]46.0[min]   87[deg]19.0[min]
16 South of Perdido Bay...........   29[deg]29.0[min]   87[deg]27.5[min]
17 East of North Pass of the         29[deg]14.5[min]   88[deg]28.0[min]
 Mississippi River................
18 South of Southwest Pass of the    28[deg]46.5[min]   89[deg]26.0[min]
 Mississippi River................
19 Northwest tip of Mississippi      28[deg]38.5[min]   90[deg]08.5[min]
 Canyon...........................
20 West side of Mississippi Canyon   28[deg]34.5[min]   89[deg]59.5[min]
21 South of Timbalier Bay.........   28[deg]22.5[min]   90[deg]02.5[min]
22 South of Terrebonne Bay........   28[deg]10.5[min]   90[deg]31.5[min]
23 South of Freeport..............   27[deg]58.0[min]   95[deg]00.0[min]
24 Off Matagorda Island...........   27[deg]43.0[min]   96[deg]02.0[min]
25 Off Aransas Pass...............   27[deg]30.0[min]   96[deg]23.5[min]
26 Northeast of Port Mansfield....   27[deg]00.0[min]   96[deg]39.0[min]
27 East of Port Mansfield.........   26[deg]44.0[min]   96[deg]37.5[min]
28 Northeast of Port Isabel.......   26[deg]22.0[min]   96[deg]21.0[min]
29 U.S./Mexico EEZ boundary.......   26[deg]00.5[min]  96[deg]24.5[min]
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of
 Texas' waters.
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
  submarine area.


 Table 2 of Appendix B to Part 622--Seaward Coordinates of the Stressed
                                  Area
------------------------------------------------------------------------
 Point No. and reference location
                \1\                     North lat.         West long.
------------------------------------------------------------------------
1 Seaward limit of Florida's         24[deg]45.5[min]   82[deg]41.5[min]
 waters northeast of Dry Tortugas.
2 North of Marquesas Keys.........   24[deg]48.0[min]   82[deg]06.5[min]
3 Off Cape Sable..................   25[deg]15.0[min]   82[deg]02.0[min]
4 Off Sanibel Island--Inshore.....   26[deg]26.0[min]   82[deg]29.0[min]
5 Off Sanibel Island--Offshore....   26[deg]26.0[min]   82[deg]59.0[min]
6 West of Egmont Key..............   27[deg]30.0[min]   83[deg]21.5[min]
7 Off Anclote Keys--Offshore......   28[deg]10.0[min]   83[deg]45.0[min]
8 Off Anclote Keys--Inshore.......   28[deg]10.0[min]   83[deg]14.0[min]
9 Off Deadman Bay.................   29[deg]38.0[min]   84[deg]00.0[min]
10 Seaward limit of Florida's        29[deg]35.5[min]   84[deg]38.6[min]
 waters east of Cape St. George...
Thence westerly along the seaward
 limit of Florida's waters to:
11 Seaward limit of Florida's        29[deg]32.2[min]   85[deg]27.1[min]
 waters south of Cape San Blas....
12 Southwest of Cape San Blas.....   29[deg]30.5[min]   85[deg]52.0[min]
13 Off St. Andrew Bay.............   29[deg]53.0[min]   86[deg]10.0[min]
14 De Soto Canyon.................   30[deg]06.0[min]   86[deg]55.0[min]
15 South of Florida/Alabama border   29[deg]34.5[min]   87[deg]38.0[min]
16 Off Mobile Bay.................   29[deg]41.0[min]   88[deg]00.0[min]
17 South of Alabama/Mississippi      30[deg]01.5[min]   88[deg]23.7[min]
 border...........................
18 Horn/Chandeleur Islands........   30[deg]01.5[min]   88[deg]40.5[min]
19 Chandeleur Islands.............   29[deg]35.5[min]   88[deg]37.0[min]
20 Seaward limit of Louisiana's      29[deg]16.3[min]   89[deg]00.0[min]
 waters off North Pass of the
 Mississippi River................
Thence southerly and westerly
 along the seaward limit of
 Louisiana's waters to:
21 Seaward limit of Louisiana's      28[deg]57.3[min]   89[deg]28.2[min]
 waters off Southwest Pass of the
 Mississippi River................

[[Page 295]]

 
22 Southeast of Grand Isle........   29[deg]09.0[min]   89[deg]47.0[min]
23 Quick flashing horn buoy south    28[deg]32.5[min]   90[deg]42.0[min]
 of Isles Dernieres...............
24 Southeast of Calcasieu Pass....   29[deg]10.0[min]   92[deg]37.0[min]
25 South of Sabine Pass--10          29[deg]09.0[min]   93[deg]41.0[min]
 fathoms..........................
26 South of Sabine Pass--30          28[deg]21.5[min]   93[deg]28.0[min]
 fathoms..........................
27 East of Aransas Pass...........   27[deg]49.0[min]   96[deg]19.5[min]
28 East of Baffin Bay.............   27[deg]12.0[min]   96[deg]51.0[min]
29 Northeast of Port Mansfield....   26[deg]46.5[min]   96[deg]52.0[min]
30 Northeast of Port Isabel.......   26[deg]21.5[min]   96[deg]35.0[min]
31 U.S./Mexico EEZ boundary.......   26[deg]00.5[min]   96[deg]36.0[min]
Thence westerly along U.S./Mexico
 EEZ boundary to the seaward limit
 of Texas' waters ................
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
  submarine area.


[[Page 296]]



          Sec. Appendix C to Part 622--Fish Length Measurements

[GRAPHIC] [TIFF OMITTED] TR03JY96.000

           Figure 1 of Appendix C to Part 622--Carapace Length

[[Page 297]]

[GRAPHIC] [TIFF OMITTED] TR25JA99.001

 Figure 2 of Appendix C to Part 622--Illustration of Length Measurements

[61 FR 34934, July 3, 1996, as amended at 64 FR 3630, Jan. 25, 1999]



     Sec. Appendix D to Part 622--Specifications for Certified BRDs

    A. Extended Funnel.
      

[[Page 298]]

    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 codend. 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\1/2\ 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\1/2\-mesh extension section and the rear edge is 
attached to the 23-mesh extension section.
    (c) Funnel. The funnel is constructed of 1\1/2\ 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 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 codend 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\1/2\ 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\1/2\-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 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

[[Page 299]]

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 codend 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 in\2\ (91.4 cm\2\). 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\ 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 in\2\ (91.4 cm\2\). 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 \1/2\-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 \1/2\-
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\1/2\ 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\1/2\ inches (191.8 cm) in length. If twine is 
used, the twine must be laced in and out 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-

[[Page 300]]

cm) polypropylene or polyethylene rope for chaffing.
    (d) Funnel. The funnel must be constructed from four sections of 
1\1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or 
polyethylene webbing. The two side sections must be rectangular in 
shape, 29\1/2\ meshes on the leading edge by 23 meshes deep. The top and 
bottom sections are 29\1/2\ 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 in\2\ (5,574.2 cm\2\). 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 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: (1) The funnel's top and bottom back 
edges must be attached one mesh behind the 28-inch (71.1-cm) cable hoop 
(front hoop); (2) 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; (3) 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, (4) the 
area of the escape opening must total at least 864 in\2\ (5,574.2 
cm\2\). To construct the funnel and escape openings using this method, 
begin 3\1/2\ 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\1/2\-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\1/2\-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\1/2\ 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\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.
    (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

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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 \1/2\-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 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. Composite Panel.
    1. Description. The 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.
    2. Minimum Construction and Installation Requirements. The 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 5/8-inch (3.8-cm to 
4.1-cm) stretch mesh number 30 nylon 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 2-inch (5.1-cm) square mesh webbing (1-inch bar). The 
inner webbing layer must be rectangular

[[Page 302]]

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 2-inch (5.1-cm) 
webbing that is 18 bars or squares 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 bar leading edge of each square mesh layer must be sewn evenly 1 bar 
to 2 meshes of 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 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 in\2\ (1,368 cm\2\). The four escape openings must be 
double selvaged for strength.
    Note: The ``Bycatch Reduction Device Testing Manual'' is published, 
excluding the Manual's appendices, as an appendix to this document. See 
the contact under ADDRESSES to obtain a complete Manual.

[62 FR 18539, Apr. 16, 1997, as amended at 64 FR 37694, July 13, 1999; 
73 FR 8224, Feb. 13, 2008; 73 FR 68361, Nov. 18, 2008]



PART 635_ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents




                            Subpart A_General

Sec.
635.1 Purpose and scope.
635.2 Definitions.
635.3 Relation to other laws.
635.4 Permits and fees.
635.5 Recordkeeping and reporting.
635.6 Vessel and gear identification.
635.7 At-sea observer coverage.
635.8 Workshops.

                        Subpart B_Limited Access

635.16 [Reserved]

                      Subpart C_Management Measures

635.20 Size limits.
635.21 Gear operation and deployment restrictions.
635.22 Recreational retention limits.
635.23 Retention limits for BFT.
635.24 Commercial retention limits for sharks and swordfish.
635.25 Fishing areas.
635.26 Catch and release.
635.27 Quotas.
635.28 Closures.
635.29 Transfer at sea.
635.30 Possession at sea and landing.
635.31 Restrictions on sale and purchase.
635.32 Specifically authorized activities.
635.33 Archival tags.
635.34 Adjustment of management measures.

                    Subpart D_Restrictions on Imports

635.40 Restrictions to enhance conservation.
635.41 Products denied entry.

                 Subpart E_International Port Inspection

635.50 Basis and purpose.
635.51 Authorized officer.
635.52 Vessels subject to inspection.
635.53 Reports.

                          Subpart F_Enforcement

635.69 Vessel monitoring systems.
635.70 Penalties.

[[Page 303]]

635.71 Prohibitions.

Appendix A to Part 635--Species Tables

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Source: 64 FR 29135, May 28, 1999, unless otherwise noted.



                            Subpart A_General



Sec. 635.1  Purpose and scope.

    (a) The regulations in this part govern the conservation and 
management of Atlantic tunas, Atlantic billfish, Atlantic sharks, and 
Atlantic swordfish under the authority of the Magnuson-Stevens Act and 
ATCA. They implement the Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks, and the Fishery Management Plan for Atlantic 
Billfishes. The Atlantic tunas regulations govern conservation and 
management of Atlantic tunas in the management unit. The Atlantic 
billfish regulations govern conservation and management of Atlantic 
billfish in the management unit. The Atlantic swordfish regulations 
govern conservation and management of North and South Atlantic swordfish 
in the management unit. North Atlantic swordfish are managed under the 
authority of both ATCA and the Magnuson-Stevens Act. South Atlantic 
swordfish are managed under the sole authority of ATCA. The shark 
regulations govern conservation and management of sharks in the 
management unit, solely under the authority of the Magnuson-Stevens Act. 
Sharks are managed under the authority of the Magnuson-Stevens Act.
    (b) Under section 9(d) of ATCA, NMFS has determined that the 
regulations contained in this part with respect to Atlantic tunas are 
applicable within the territorial sea of the United States adjacent to, 
and within the boundaries of, the States of New Hampshire, 
Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, 
Louisiana and Texas, and the Commonwealths of Puerto Rico and the Virgin 
Islands. NMFS will undertake a continuing review of State regulations to 
determine if regulations applicable to Atlantic tunas, swordfish or 
billfish are at least as restrictive as regulations contained in this 
part and if such regulations are effectively enforced. In such case, 
NMFS will file with the Office of the Federal Register for publication 
notification of the basis for the determination and of the specific 
regulations that shall or shall not apply in the territorial sea of the 
identified State.



Sec. 635.2  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act, ATCA, 
and Sec. 600.10 of this chapter, the terms used in this part have 
following meanings. If applicable, the terms used in this part supercede 
those used in Sec. 600.10:
    Archival tag means a device that is implanted or affixed to a fish 
to electronically record scientific information about the migratory 
behavior of that fish.
    ATCA Certificate of Eligibility (COE) means the certificate that 
must accompany any applicable shipment of fish pursuant to a finding 
under 16 U.S.C. 971d (c)(4) or (c)(5).
    Atlantic HMS means Atlantic tunas, billfish, sharks, and swordfish.
    Atlantic Ocean, as used in this part, includes the North and South 
Atlantic Oceans, the Gulf of Mexico, and the Caribbean Sea.
    Atlantic shark identification workshop certificate means the 
document issued by NMFS, or its designee, indicating that the person 
named on the certificate has successfully completed the Atlantic shark 
identification workshop.
    BAYS means Atlantic bigeye, albacore, yellowfin, and skipjack tunas 
as defined in Sec. 600.10 of this part.
    BFT landings quota means the portion of the ICCAT BFT catch quota 
allocated to the United States against which landings of BFT are 
counted.
    Billfish Certificate of Eligibility (COE) means a certificate that 
accompanies a shipment of billfish indicating that the billfish or 
related species, or parts thereof, are not from the respective Atlantic 
Ocean management units.
    Bottom longline means a longline that is deployed with enough 
weights and/or anchors to maintain contact with the ocean bottom.
    BSD tag means a numbered tag affixed to a BFT issued by any country 
in conjunction with a catch statistics

[[Page 304]]

information program and recorded on a BSD.
    Buoy gear means a fishing gear consisting of one or more floatation 
devices supporting a single mainline to which no more than two hooks or 
gangions are attached.
    Caudal keel means the horizontal ridges along each side of a fish at 
the base of the tail fin.
    CFL (curved fork length) means the length of a fish measured from 
the tip of the upper jaw to the fork of the tail along the contour of 
the body in a line that runs along the top of the pectoral fin and the 
top of the caudal keel.
    Charleston Bump closed area means the Atlantic Ocean area seaward of 
the inner boundary of the U.S. EEZ from a point intersecting the inner 
boundary of the U.S. EEZ at 34[deg]00[min] N. lat. near Wilmington 
Beach, NC, and proceeding due east to connect by straight lines the 
following coordinates in the order stated: 34[deg]00[min] N. lat., 
76[deg]00[min] W. long.; 31[deg]00[min] N. lat., 76[deg]00[min] W. 
long.; then proceeding due west to intersect the inner boundary of the 
U.S. EEZ at 31[deg]00[min] N. lat. near Jekyll Island, GA.
    Circle hook means a fishing hook originally designed and 
manufactured so that the point is turned perpendicularly back to the 
shank to form a generally circular, or oval, shape.
    CK means the length of a fish measured along the body contour, i.e., 
a curved measurement, from the point on the cleithrum that provides the 
shortest possible measurement along the body contour to the anterior 
portion of the caudal keel. The cleithrum is the semicircular bony 
structure at the posterior edge of the gill opening.
    Convention means the International Convention for the Conservation 
of Atlantic Tunas, signed at Rio de Janeiro, Brazil, on May 14, 1966, 20 
U.S.T. 2887, TIAS 6767, including any amendments or protocols thereto, 
which are binding upon the United States.
    Conventional tag means a numbered, flexible ribbon that is implanted 
or affixed to a fish that is released back into the ocean that allows 
for the identification of that fish in the event it is recaptured.
    Corrodible Hook means a fishing hook composed of any material other 
than stainless steel.
    Dealer tag means the numbered, flexible, self-locking ribbon issued 
by NMFS for the identification of BFT sold to a permitted dealer as 
required under Sec. 635.5(b)(2)(ii).
    Dehooking device means a device intended to remove a hook embedded 
in a fish in order to release the fish with minimum damage.
    Designated by NMFS means the address or location indicated in a 
letter to permit holders or in a letter accompanying reporting forms.
    DeSoto Canyon closed area means the area within the Gulf of Mexico 
bounded by straight lines connecting the following coordinates in the 
order stated: 30[deg]00[min] N. lat., 88[deg]00[min] W. long.; 
30[deg]00[min] N. lat., 86[deg]00[min] W. long.; 28[deg]00[min] N. lat., 
86[deg]00[min] W. long.; 28[deg]00[min] N. lat., 84[deg]00[min] W. 
long.; 26[deg]00[min] N. lat., 84[deg]00[min] W. long.; 26[deg]00[min] 
N. lat., 86[deg]00[min] W. long.; 28[deg]00[min] N. lat., 86[deg]00[min] 
W. long.; 28[deg]00[min] N. lat., 88[deg]00[min] W. long.; 
30[deg]00[min] N. lat., 88[deg]00[min] W. long.
    Display permit means a permit issued in order to catch and land HMS 
for the purpose of public display pursuant to Sec. 635.32.
    Division Chief means the Chief, Highly Migratory Species Management 
Division, NMFS (F/SF1), 1315 East-West Highway, Silver Spring, MD, 
20910; (301) 713-2347.
    Downrigger means a piece of equipment attached to a vessel and with 
a weight on a cable that is in turn attached to hook-and-line gear to 
maintain lures or bait at depth while trolling. The downrigger has a 
release system to retrieve the weight by rod and reel or by manual, 
electric, or hydraulic winch after a fish strike on the hook-and-line 
gear.
    Dress, for swordfish, tunas, and billfish, means to process a fish 
by removal of head, viscera, and fins, but does not include removal of 
the backbone, halving, quartering, or otherwise further reducing the 
carcass. For sharks, dress means to process a fish by removal of head 
and viscera, but does not include removal of the fins, backbone, 
halving, quartering, or otherwise further reducing the carcass.
    Dressed weight (dw), for swordfish, tunas, and billfish, means the 
weight of a fish after it has been dressed. For sharks, dressed weight 
means the weight of a fish after it has been

[[Page 305]]

dressed and had its fins, including the tail, removed.
    East Florida Coast closed area means the Atlantic Ocean area seaward 
of the inner boundary of the U.S. EEZ from a point intersecting the 
inner boundary of the U.S. EEZ at 31[deg]00[min] N. lat. near Jekyll 
Island, GA, and proceeding due east to connect by straight lines the 
following coordinates in the order stated: 31[deg]00[min] N. lat., 
78[deg]00[min] W. long.; 28[deg]17[min]10[sec] N. lat., 
79[deg]11[min]24[sec] W. long.; then proceeding along the outer boundary 
of the EEZ to the intersection of the EEZ with 24[deg]00[min] N. lat.; 
then proceeding due west to 24[deg]00[min] N. lat., 81[deg]47[min] W. 
long.; and then proceeding due north to intersect the inner boundary of 
the U.S. EEZ at 81[deg]47[min] W. long. near Key West, FL.
    EFP means an exempted fishing permit issued pursuant to Sec. 
600.745 of this chapter or to Sec. 635.32.
    Eviscerated means a fish that has only the alimentary organs 
removed.
    Export, for purposes of this subpart, means to effect exportation.
    Exportation has the same general meaning as 19 CFR 101.1 and 
generally refers to a severance of goods from the mass of things 
belonging to one country with the intention of uniting them to the mass 
of things belonging to some foreign country. For purposes of this 
subpart, a shipment between the United States and its insular 
possessions is not an export.
    Exporter, for purposes of this subpart, is the principal party in 
interest, meaning the party that receives the primary benefit, monetary 
or otherwise, of the export transaction. For exports from the United 
States, the exporter is the U.S. principal party in interest, as 
identified in Part 30 of title 15 of the CFR. An exporter is subject to 
the requirements of this subpart, even if exports are exempt from 
statistical reporting requirements under Part 30 of title 15 of the CFR.
    Finlet means one of the small individual fins on a tuna located 
behind the second dorsal and anal fins and forward of the tail fin.
    First receiver means any entity, person, or company that takes, for 
commercial purposes (other than solely for transport), immediate 
possession of the fish, or any part of the fish, as the fish are 
offloaded from a fishing vessel of the United States, as defined under 
Sec. 600.10 of this chapter, whose owner or operator has been issued, 
or should have been issued, a valid permit under this part.
    First transaction in the United States means the time and place at 
which a fish is filleted, cut into steaks, or processed in any way that 
physically alters it after being landed in or imported into the United 
States.
    Fishing record means all records of navigation and operations of a 
fishing vessel, as well as all records of catching, harvesting, 
transporting, landing, purchasing, or selling a fish.
    Fishing vessel means any vessel engaged in fishing, processing, or 
transporting fish loaded on the high seas, or any vessel outfitted for 
such activities.
    Fishing year means--
    (1) For Atlantic tunas and swordfish, before January 1, 2008 -- June 
1 through May 31. On or after January 1, 2008 -- January 1 through 
December 31.
    (2) For Atlantic billfish, On or after January 1, 2007 -- January 1 
through December 31.
    (3) For sharks -- January 1 through December 31.
    Floatation device means any positively buoyant object rigged to be 
attached to a fishing gear.
    Floatline means a line attached to a buoyant object that is used to 
support the mainline of a longline at a specific target depth.
    For-hire trip means a recreational fishing trip taken by a vessel 
with an Atlantic HMS Charter/Headboat permit during which paying 
passenger(s) are aboard; or, for uninspected vessels, trips during which 
there are more than three persons aboard, including operator and crew; 
or, for vessels that have been issued a Certificate of Inspection by the 
U.S. Coast Guard to carry passengers for hire, trips during which there 
are more persons aboard than the number of crew specified on the 
vessel's Certificate of Inspection.
    Freeboard is defined as the working distance between the top rail of 
the gunwale to the water's surface, and will vary based on the vessel 
design.
    Gangion means a line that serves to attach a hook, suspended at a 
specific target depth, to the mainline of a longline.

[[Page 306]]

    Giant BFT means an Atlantic BFT measuring 81 inches (206 cm) CFL or 
greater.
    Green-stick gear means an actively trolled mainline attached to a 
vessel and elevated or suspended above the surface of the water with no 
more than 10 hooks or gangions attached to the mainline. The suspended 
line, attached gangions and/or hooks, and catch may be retrieved 
collectively by hand or mechanical means. Green-stick does not 
constitute a pelagic longline or a bottom longline as defined in this 
section or as described at Sec. 635.21(c) or Sec. 635.21(d), 
respectively.
    Handgear means handline, harpoon, rod and reel, bandit gear, buoy 
gear, or speargun gear.
    Handline means fishing gear that is attached to, or in contact with, 
a vessel; that consists of a mainline to which no more than two hooks or 
gangions may be attached; and that is released and retrieved by hand 
rather than by mechanical means.
    High-flyer means a flag, radar reflector or radio beacon 
transmitter, suitable for attachment to a longline to facilitate its 
location and retrieval.
    Highly migratory species (HMS) means bluefin, bigeye, yellowfin, 
albacore, and skipjack tunas; swordfish; sharks (listed in appendix A to 
this part); white marlin; blue marlin; sailfish; and longbill spearfish.
    Importer, for purposes of this subpart, means the principal party 
responsible for the import of product into a country. For imports into 
the United States, and for purposes of this subpart, ``importer'' means 
the consignee as identified on entry documentation or any authorized, 
equivalent electronic medium required for release of shipments, or any 
authorized equivalent entry documentation from the customs authority of 
the United States or the separate customs territory of a U.S. insular 
possession. If a consignee is not declared, then the importer of record 
is considered to be the consignee.
    LAP means a limited access permit issued pursuant to Sec. 635.4.
    Large coastal shark (LCS) means one of the species, or a part 
thereof, listed in paragraph (a) of table 1 in appendix A to this part.
    Large medium BFT means a BFT measuring at least 73 inches (185 cm) 
and less than 81 inches (206 cm) CFL.
    Large school BFT means a BFT measuring at least 47 inches (119 cm) 
and less than 59 inches (150 cm) CFL.
    LJFL (lower jaw-fork length) means the straight-line measurement of 
a fish from the tip of the lower jaw to the fork of the caudal fin. The 
measurement is not made along the curve of the body.
    Longline means fishing gear that is set horizontally, either 
anchored, floating, or attached to a vessel, and that consists of a 
mainline or groundline with three or more leaders (gangions) and hooks, 
whether retrieved by hand or mechanical means.
    Madison-Swanson closed area means a rectangular-shaped area in the 
Gulf of Mexico bounded by straight lines connecting the following 
coordinates in the order stated: 29[deg]17[min] N. lat., 85[deg]50[min] 
W. long.; 29[deg]17[min] N. lat., 85[deg]38[min] W. long.; 
29[deg]06[min] N. lat., 85[deg]38[min] W. long.; 29[deg]06[min] N. lat., 
85[deg]50[min] W. long.; and 29[deg]17[min] N. lat., 85[deg]50[min] W. 
long.
    Management unit means in this part:
    (1) For Atlantic tunas, longbill spearfish, blue marlin and white 
marlin, means all fish of these species in the Atlantic Ocean;
    (2) For sailfish, means all fish of this species in the Atlantic 
Ocean west of 30[deg] W. long.;
    (3) For North Atlantic swordfish, means all fish of this species in 
the Atlantic Ocean north of 5[deg] N. lat.;
    (4) For South Atlantic swordfish, means all fish of this species in 
the Atlantic Ocean south of 5[deg] N. lat.; and
    (5) For sharks, means all fish of the species listed in Table 1 of 
Appendix A to this part, in the western north Atlantic Ocean, including 
the Gulf of Mexico and the Caribbean Sea.
    Mid-Atlantic Bight means the area bounded by straight lines 
connecting the mid-Atlantic states' internal waters and extending to 
71[deg] W. long. between 35[deg] N. lat. and 43[deg] N. lat.
    Mid-Atlantic shark closed area means the Atlantic Ocean area seaward 
of the inner boundary of the U.S. EEZ from a point intersecting the 
inner boundary of the U.S. EEZ at 35[deg]41[min] N. lat. just south of 
Oregon Inlet, North Carolina, and connecting by straight lines the

[[Page 307]]

following coordinates in the order stated: 35[deg]41[min] N. lat., 
75[deg]25[min] W. long. proceeding due east to 35[deg]41[min] N. lat., 
74[deg]51[min] W. long.; then proceeding southeast to 35[deg]30[min] N. 
lat., 74[deg]46[min] W. long.; then proceeding southwest, roughly 
following the 55 fathom mark, to 33[deg]51[min] N. lat., 76[deg]24[min] 
W. long.; then proceeding due west to intersect the inner boundary of 
the U.S. EEZ at 33[deg]51[min] N. lat., 77[deg]53[min] W. long. near 
Cape Fear, North Carolina.
    Naturally attached refers to shark fins that remain attached to the 
shark carcass via at least some portion of uncut skin.
    Net check refers to a visual inspection of a shark gillnet where the 
vessel operator transits the length of the gear and inspects it either 
with a spotlight or by pulling up the gear.
    Non-ridgeback large coastal shark means one of the species, or a 
part thereof, listed in paragraph (a)(2) of table 1 in appendix A to 
this part.
    Non-sandbar LCS means one of the species, or part thereof, listed 
under heading A of Table 1 in Appendix A of this part other than the 
sandbar shark (Carcharhinus plumbeus).
    North Atlantic swordfish or North Atlantic swordfish stock means 
those swordfish occurring in the Atlantic Ocean north of 5[deg] N. lat.
    Northeast Distant gear restricted area means the Atlantic Ocean area 
bounded by straight lines connecting the following coordinates in the 
order stated: 35[deg]00[min] N. lat., 60[deg]00[min] W. long.; 
55[deg]00[min] N. lat., 60[deg]00[min] W. long.; 55[deg]00[min] N. lat., 
20[deg]00[min] W. long.; 35[deg]00[min] N. lat., 20[deg]00[min] W. 
long.; 35[deg]00[min] N. lat., 60[deg]00[min] W. long.
    Northeastern United States closed area means the area bounded by 
straight lines connecting the following coordinates in the order stated: 
40[deg]00[min] N. lat., 74[deg]00[min] W. long.; 40[deg]00[min] N. lat., 
68[deg]00[min] W. long.; 39[deg]00[min] N. lat., 68[deg]00[min] W. 
long.; and 39[deg]00[min] N. lat., 74[deg]00[min] W. long.
    Offset circle hook means a circle hook originally designed and 
manufactured so that the barbed end of the hook is displaced relative to 
the parallel plane of the eyed-end, or shank, of the hook when laid on 
its side.
    Operator, with respect to any vessel, means the master or other 
individual aboard and in charge of that vessel.
    Pectoral fin means the fin located behind the gill cover on either 
side of a fish.
    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 shark means one of the species, or a part thereof, listed in 
paragraph (c) of table 1 in appendix A to this part.
    PFCFL (pectoral fin curved fork length) means the length of a 
beheaded fish from the dorsal insertion of the pectoral fin to the fork 
of the tail measured along the contour of the body in a line that runs 
along the top of the pectoral fin and the top of the caudal keel.
    Prohibited shark means one of the species, or a part thereof, listed 
in paragraph (d) of table 1 in appendix A to this part.
    Protected species safe handling, release, and identification 
workshop certificate means the document issued by NMFS, or its designee, 
indicating that the person named on the certificate has successfully 
completed the Atlantic HMS protected species safe handling, release, and 
identification workshop.
    Restricted-fishing day (RFD) means a day, beginning at 0000 hours 
and ending at 2400 hours local time, during which a person aboard a 
vessel for which a General category permit for Atlantic Tunas has been 
issued may not fish for, possess, or retain a BFT.
    Ridgeback large coastal shark means one of the species, or a part 
thereof, listed in paragraph (a)(1) of table 1 in appendix A to this 
part.
    School BFT means a BFT measuring at least 27 inches (69 cm) and less 
than 47 inches (119 cm) CFL.
    Shark means one of the oceanic species, or a part thereof, listed in 
Table 1 of Appendix A to this part.
    Shark research permit means a permit issued to catch and land a 
limited number of sharks to maintain time series for stock assessments 
and for other scientific research purposes. These permits may be issued 
only to the owner of a vessel who has been issued either a directed or 
incidental shark LAP. The permit is specific to the commercial shark 
vessel and owner combination

[[Page 308]]

and is valid only per the terms and conditions listed on the permit.
    Small coastal shark (SCS) means one of the species, or a part 
thereof, listed in paragraph (b) of table 1 in appendix A to this part.
    Small medium BFT means a BFT measuring at least 59 inches (150 cm) 
and less than 73 inches (185 cm) CFL.
    South Atlantic swordfish or south Atlantic swordfish stock means 
those swordfish occurring in the Atlantic Ocean south of 5[deg] N. lat.
    Speargun fishing gear means a muscle-powered speargun equipped with 
a trigger mechanism, a spear with a tip designed to penetrate and retain 
fish, and terminal gear. Terminal gear may include, but is not limited 
to, trailing lines, reels, and floats. The term ``muscle-powered 
speargun'' for the purposes of this part means a speargun that stores 
potential energy provided from the operator's muscles, and that releases 
only the amount of energy that the operator has provided to it from his 
or her own muscles. Common energy storing methods for muscle-powered 
spearguns include compressing air and springs, and the stretching of 
rubber bands.
    Steamboat Lumps closed area means a rectangular-shaped area in the 
Gulf of Mexico bounded by straight lines connecting the following 
coordinates in the order stated: 28[deg]14[min] N. lat., 84[deg]48[min] 
W. long.; 28[deg]14[min] N. lat., 84[deg]37[min] W. long.; 
28[deg]03[min] N. lat., 84[deg]37[min] W. long.; 28[deg]03[min] N. lat., 
84[deg]48[min] W. long.; and 28[deg]14[min] N. lat., 84[deg]48[min] W. 
long.
    Tournament means any fishing competition involving Atlantic HMS in 
which participants must register or otherwise enter or in which a prize 
or award is offered for catching or landing such fish.
    Tournament operator means a person or entity responsible for 
maintaining records of participants and results used for awarding 
tournament points or prizes, regardless of whether fish are retained.
    Trip limit means the total allowable take from a single trip as 
defined in Sec. 600.10 of this chapter.
    Tuna or tuna-like means the Scombriformes (with the exception of 
families Trichiuridae and Gempylidae and the genus Scomber) and such 
other species of fishes that are regulated by ICCAT in the Atlantic 
Ocean.
    Weighout slip means a document provided to the owner or operator of 
the vessel by a person who weighs fish or parts thereof that are landed 
from a fishing vessel. A document, such as a ``tally sheet,'' ``trip 
ticket,'' or ``sales receipt,'' that contains such information is 
considered a weighout slip.
    Young school BFT means an Atlantic BFT measuring less than 27 inches 
(69 cm) CFL.

[64 FR 29135, May 28, 1999, as amended at 65 FR 47237, Aug. 1, 2000; 66 
FR 8904, Feb. 5, 2001; 67 FR 45400, July 9, 2002; 67 FR 77436, Dec. 18, 
2002; 68 FR 74784, Dec. 24, 2003; 69 FR 40754, July 6, 2004; 69 FR 
67283, Nov. 17, 2004; 69 FR 70399, Dec. 6, 2004; 71 FR 58163, Oct. 2, 
2006; 73 FR 31389, June 2, 2008; 73 FR 40707, July 15, 2008; 73 FR 
54733, Sept. 23, 2008]



Sec. 635.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in Sec. 
600.705 of this chapter and in paragraphs (b) and (c) of this section.
    (b) In accordance with regulations issued under the Marine Mammal 
Protection Act of 1972, as amended, it is unlawful for a commercial 
fishing vessel, a vessel owner, or a master or operator of a vessel to 
engage in fisheries for HMS in the Atlantic Ocean, unless the vessel 
owner or authorized representative has complied with specified 
requirements including, but not limited to, registration, exemption 
certificates, decals, and reports, as contained in part 229 of this 
title.
    (c) General provisions on facilitation of enforcement, penalties, 
and enforcement policy applicable to all domestic fisheries are set 
forth in Sec. Sec. 600.730, 600.735, and Sec. 600.740 of this chapter, 
respectively.
    (d) An activity that is otherwise prohibited by this part may be 
conducted if authorized as scientific research activity, exempted 
fishing or exempted educational activity, or for public display, as 
specified in Sec. 635.32.

[64 FR 29135, May 28, 1999, as amended at 68 FR 74784, Dec. 24, 2003]



Sec. 635.4  Permits and fees.

    Information on permits and permit requirements may be obtained from 
the

[[Page 309]]

Division Chief or where otherwise stated in this part.
    (a) General--(1) Authorized activities. Each permit issued by NMFS 
authorizes certain activities, and persons may not conduct these 
activities without the appropriate permit, unless otherwise authorized 
by NMFS in accordance with this part. In certain cases, additional 
permits may be required to authorize these same or related activities 
under federal, state or local jurisdictions.
    (2) Vessel permit inspection. The owner or operator of a vessel of 
the United States must have the appropriate valid permit on board the 
vessel to fish for, take, retain, or possess Atlantic HMS when engaged 
in recreational fishing and to fish for, take, retain or possess 
Atlantic tunas, swordfish, or sharks when engaged in commercial fishing. 
The vessel operator must make such permit available for inspection upon 
request by NMFS or by a person authorized by NMFS. The owner of the 
vessel is responsible for satisfying all of the requirements associated 
with obtaining, maintaining, and making available for inspection all 
required vessel permits.
    (3) Property rights. Limited access vessel permits or any other 
permit issued pursuant to this part do not represent either an absolute 
right to the resource or any interest that is subject to the takings 
provision of the Fifth Amendment of the U.S. Constitution. Rather, 
limited access vessel permits represent only a harvesting privilege that 
may be revoked, suspended, or amended subject to the requirements of the 
Magnuson-Stevens Act or other applicable law.
    (4) Dealer permit inspection. A dealer permit issued under this 
section, or a copy thereof, must be available at each of the dealer's 
places of business. A dealer must present the permit or a copy for 
inspection upon the request of a NMFS-authorized officer.
    (5) Display upon offloading. Upon offloading of Atlantic HMS, the 
owner or operator of the harvesting vessel must present for inspection 
the vessel's HMS Charter/Headboat permit; Atlantic tunas, shark, or 
swordfish permit; and/or the shark research permit to the first 
receiver. The permit(s) must be presented prior to completing any 
applicable landing report specified at Sec. 635.5(a)(1), (a)(2), and 
(b)(2)(i).
    (6) Sanctions and denials. A permit issued under 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.
    (7) Alteration. A vessel or dealer permit that is altered, erased, 
mutilated, or otherwise modified is invalid.
    (8) Replacement. NMFS may issue a replacement permit upon the 
request of the permittee. An application for a replacement permit will 
not be considered a new application. An appropriate fee, consistent with 
paragraph (b) of this section, may be charged for issuance of the 
replacement permit.
    (9) Fees. NMFS may charge a fee for each application for a permit or 
for each transfer or replacement of a permit. The amount of the fee is 
calculated in accordance with the procedures of the NOAA Finance 
Handbook, available from NMFS, for determining administrative costs of 
each special product or service. The fee may not exceed such costs and 
is specified in the instructions provided with each application form. 
Each applicant must include the appropriate fee with each application or 
request for transfer or replacement. A permit will not be issued to 
anyone who fails to pay the fee.
    (10) Permit condition. An owner of a vessel with a valid swordfish, 
shark, HMS Angling, or HMS Charter/Headboat permit issued pursuant to 
this part must agree, as a condition of such permit, that the vessel's 
HMS fishing, catch, and gear are subject to the requirements of this 
part during the period of validity of the permit, without regard to 
whether such fishing occurs in the U.S. EEZ, or outside the U.S. EEZ, 
and without regard to where such HMS, or gear, are possessed, taken, or 
landed. However, when a vessel fishes within the waters of a state that 
has more restrictive regulations pertaining to HMS, persons aboard the 
vessel must abide by the state's more restrictive regulations.
    (b) HMS Charter/Headboat permits. (1) The owner of a charter boat or

[[Page 310]]

headboat used to fish for, take, retain, or possess any Atlantic HMS 
must obtain an HMS Charter/Headboat permit. A vessel issued an HMS 
Charter/Headboat permit for a fishing year shall not be issued an HMS 
Angling permit or an Atlantic Tunas permit in any category for that same 
fishing year, regardless of a change in the vessel's ownership.
    (2) While persons aboard a vessel that has been issued an HMS 
Charter/Headboat permit are fishing for or are in possession of Atlantic 
HMS, the operator of the vessel must have a valid Merchant Marine 
License or Uninspected Passenger Vessel License, as applicable, issued 
by the U.S. Coast Guard pursuant to regulations at 46 CFR part 10. Such 
Coast Guard license must be carried on board the vessel.
    (c) HMS Angling permits. (1) The owner of any vessel used to fish 
recreationally for Atlantic HMS or on which Atlantic HMS are retained or 
possessed recreationally, must obtain an HMS Angling permit, except as 
provided in Sec. 635.4(c)(2). Atlantic HMS caught, retained, possessed, 
or landed by persons on board vessels with an HMS Angling permit may not 
be sold or transferred to any person for a commercial purpose. A vessel 
issued an HMS Angling permit for a fishing year shall not be issued an 
HMS Charter/Headboat permit or an Atlantic Tunas permit in any category 
for that same fishing year, regardless of a change in the vessel's 
ownership.
    (2) A vessel with a valid Atlantic Tunas General category permit 
issued under paragraph (d) of this section may fish in a recreational 
HMS fishing tournament if the vessel has registered for, paid an entry 
fee to, and is fishing under the rules of a tournament that has 
registered with NMFS' HMS Management Division as required under Sec. 
635.5(d). When a vessel issued a valid Atlantic Tunas General category 
permit is fishing in such a tournament, such vessel must comply with HMS 
Angling category regulations, except as provided in paragraph (c)(3) of 
this section.
    (3) A vessel issued an Atlantic Tunas General category permit 
fishing in a tournament, as authorized under Sec. 635.4(c)(2), shall 
comply with Atlantic Tunas General category regulations when fishing 
for, retaining, possessing, or landing Atlantic tunas.
    (d) Atlantic Tunas vessel permits. (1) The owner of each vessel used 
to fish for or take Atlantic tunas commercially or on which Atlantic 
tunas are retained or possessed with the intention of sale must obtain 
an HMS Charter/Headboat permit issued under paragraph (b) of this 
section, or an Atlantic tunas permit in one, and only one, of the 
following categories: General, Harpoon, Longline, Purse Seine, or Trap.
    (2) Persons aboard a vessel with a valid Atlantic Tunas, HMS 
Angling, or HMS Charter/Headboat permit may fish for, take, retain, or 
possess Atlantic tunas, but only in compliance with the quotas, catch 
limits, size classes, and gear applicable to the permit category of the 
vessel from which he or she is fishing. Persons may sell Atlantic tunas 
only if the harvesting vessel has a valid permit in the General, 
Harpoon, Longline, Purse Seine, or Trap category of the Atlantic Tunas 
permit or a valid HMS Charter/Headboat permit.
    (3) A vessel issued an Atlantic Tunas permit in any category for a 
fishing year shall not be issued an HMS Angling permit, HMS Charter/
Headboat permit, or an Atlantic Tunas permit in any other category for 
that same fishing year, regardless of a change in the vessel's 
ownership.
    (4) A person can obtain a limited access Atlantic Tunas Longline 
category permit for a vessel only if the vessel has been issued both a 
limited access permit for shark and a limited access permit, other than 
handgear, for swordfish. Limited access Atlantic Tunas Longline category 
permits may only be obtained through transfer from current owners 
consistent with the provisions under paragraph (l)(2) of this section.
    (5) An owner of a vessel with an Atlantic Tunas permit in the Purse 
Seine category may transfer the permit to another purse seine vessel 
that he or she owns. In either case, the owner must submit a written 
request for transfer to NMFS, to an address designated by NMFS, and 
attach an application for the new vessel and the existing permit. NMFS 
will issue no more

[[Page 311]]

than 5 Atlantic Tunas Purse Seine category permits.
    (e) Shark vessel LAPs. (1) The only valid Federal commercial vessel 
permits for sharks are those that have been issued under the limited 
access program consistent with the provisions under paragraphs (l) and 
(m) of this section.
    (2) The owner of each vessel used to fish for or take Atlantic 
sharks or on which Atlantic sharks are retained, possessed with an 
intention to sell, or sold must obtain, in addition to any other 
required permits, only one of two types of commercial limited access 
shark permits: Shark directed limited access permit or shark incidental 
limited access permit. It is a rebuttable presumption that the owner or 
operator of a vessel on which sharks are possessed in excess of the 
recreational retention limits intends to sell the sharks.
    (3) A commercial limited access permit for sharks is not required if 
the vessel is recreational fishing and retains no more sharks than the 
recreational retention limit, is operating pursuant to the conditions of 
a shark EFP, or that fishes exclusively within state waters.
    (f) Swordfish vessel LAPs. (1) The owner of each vessel used to fish 
for or take Atlantic swordfish or on which Atlantic swordfish are 
retained, possessed with an intention to sell, or sold must obtain, in 
addition to any other required permits, only one of three types of 
commercial limited access swordfish permits: Swordfish directed limited 
access permit, swordfish incidental limited access permit, or swordfish 
handgear limited access permit. It is a rebuttable presumption that the 
owner or operator of a vessel on which swordfish are possessed in excess 
of the recreational retention limits intends to sell the swordfish.
    (2) The only valid commercial Federal vessel permits for swordfish 
are those that have been issued under the limited access program 
consistent with the provisions under paragraphs (l) and (m) of this 
section.
    (3) A commercial Federal permit for swordfish is not required if the 
vessel is recreational fishing.
    (4) Unless the owner has been issued a swordfish handgear permit, a 
limited access permit for swordfish is valid only when the vessel has on 
board a valid limited access permit for shark and a valid Atlantic Tunas 
Longline category permit issued for such vessel.
    (g) Dealer permits--(1) Atlantic tunas. A person that receives, 
purchases, trades for, or barters for Atlantic tunas from a fishing 
vessel of the United States, as defined under Sec. 600.10 of this 
chapter, must possess a valid dealer permit.
    (2) Shark. A first receiver, as defined in Sec. 635.2, of Atlantic 
sharks must possess a valid dealer permit.
    (3) Swordfish. A person that receives, purchases, trades for, or 
barters for Atlantic swordfish from a fishing vessel of the United 
States, as defined under Sec. 600.10 of this chapter, must possess a 
valid dealer permit.
    (h) Applications for permits. An owner of a vessel or a dealer must 
submit to NMFS, at an address designated by NMFS, a complete application 
and required supporting documents at least 30 days before the date on 
which the permit is to be made effective. Application forms and 
instructions for their completion are available from NMFS.
    (1) Atlantic Tunas, HMS Angling, and HMS Charter/Headboat vessel 
permits. (i) An applicant must provide all information concerning his or 
her identification, vessel, gear used, fishing areas, fisheries 
participated in, the corporation or partnership owning the vessel, and 
income requirements requested by NMFS and included on the application 
form.
    (ii) An applicant must also submit a copy of the vessel's valid U.S. 
Coast Guard documentation or, if not documented, a copy of its valid 
state registration and any other information that may be necessary for 
the issuance or administration of the permit as requested by NMFS. The 
owner must submit such information to an address designated by NMFS.
    (iii) NMFS may require an applicant to provide documentation 
supporting the application before a permit is issued or to substantiate 
why such permit should not be revoked or otherwise sanctioned under 
paragraph (a)(7) of this section.

[[Page 312]]

    (2) Limited access permits for swordfish and shark. See paragraph 
(l) of this section for transfers of LAPs for shark and swordfish. See 
paragraph (m) of this section for renewals of LAPs for shark and 
swordfish.
    (3) Dealer permits. (i) An applicant for a dealer permit must 
provide all the information requested on the application form necessary 
to identify the company, its principal place of business, and mechanisms 
by which the company can be contacted.
    (ii) An applicant must also submit a copy of each state wholesaler's 
license held by the dealer and, if a business is owned by a corporation 
or partnership, the corporate or partnership documents requested on the 
application form.
    (iii) An applicant must also submit any other information that may 
be necessary for the issuance or administration of the permit, as 
requested by NMFS.
    (i) Change in application information. A vessel owner or dealer must 
report any change in the information contained in an application for a 
permit within 30 days after such change. The report must be submitted in 
writing to NMFS, to an address designated by NMFS with the issuance of 
each permit. In the case of a vessel permit for Atlantic tunas or an HMS 
Charter/Headboat permit, the vessel owner or operator must report the 
change by phone or internet to a number or website designated by NMFS. A 
new permit will be issued to incorporate the new information, subject to 
limited access provisions specified in paragraph (l)(2) of this section. 
For certain information changes, NMFS may require supporting 
documentation before a new permit will be issued. If a change in the 
permit information is not reported within 30 days, the permit is void as 
of the 31st day after such change.
    (j) Permit issuance. (1) NMFS will issue a permit within 30 days of 
receipt of a complete and qualifying application. An application is 
complete when all requested forms, information, and documentation have 
been received, including all reports and fishing or catch information 
required to be submitted under this part.
    (2) NMFS will notify the applicant of any deficiency in the 
application, including failure to provide information or reports 
required to be submitted under this part. If the applicant fails to 
correct the deficiency within 30 days following the date of 
notification, the application will be considered abandoned.
    (3) A vessel owner issued an Atlantic tunas permit in the General, 
Harpoon, or Trap category or an Atlantic HMS permit in the Angling or 
Charter/Headboat category under paragraph (b), (c), or (d) of this 
section may change the category of the vessel permit once within 10 
calendar days of the date of issuance of the permit. After 10 calendar 
days from the date of issuance of the permit, the vessel owner may not 
change the permit category until the following fishing season, except 
during the period of January 1, 2008, through May 31, 2008, when one 
additional change is authorized.
    (k) Duration. A permit issued under this section will be valid for 
the period specified on it unless it is revoked, suspended, or modified 
pursuant to subpart D of 15 CFR part 904, the vessel or dealership is 
sold, or any other information previously submitted on the application 
changes, as specified in paragraph (i) of this section.
    (l) Transfer-- 1) General. A permit issued under this section is not 
transferable or assignable to another vessel or owner or dealer; it is 
valid only for the vessel or owner or dealer to whom it is issued. If a 
person acquires a vessel or dealership and wants to conduct activities 
for which a permit is required, that person must apply for a permit in 
accordance with the provisions of paragraph (h) of this section or, if 
the acquired vessel is permitted in either the shark, swordfish, or tuna 
longline fishery, in accordance with paragraph (1)(2) of this section. 
If the acquired vessel or dealership is currently permitted, an 
application must be accompanied by the original permit, by a copy of a 
signed bill of sale or equivalent acquisition papers, and the 
appropriate workshop certificates as specified in Sec. 635.8.
    (2) Shark, swordfish, and tuna longline LAPs. (i) Subject to the 
restrictions on upgrading the harvesting capacity of

[[Page 313]]

permitted vessels in paragraphs (l)(2)(ii) or (x) of this section, as 
applicable, and to the limitations on ownership of permitted vessels in 
paragraph (l)(2)(iii) of this section, an owner may transfer a shark or 
swordfish LAP or an Atlantic Tunas Longline category permit to another 
vessel that he or she owns or to another person. Directed handgear LAPs 
for swordfish may be transferred to another vessel but only for use with 
handgear and subject to the upgrading restrictions in paragraph 
(l)(2)(ii) of this section and the limitations on ownership of permitted 
vessels in paragraph (l)(2)(iii) of this section. Incidental catch LAPs 
are not subject to the requirements specified in paragraphs 
(l)(2)(ii),(iii), and (x) of this section.
    (ii) Except as specified in paragraph (l)(2)(x) of this section, an 
owner may upgrade a vessel with a shark, swordfish, or tuna longline 
limited access permit, or transfer the limited access permit to another 
vessel, and be eligible to retain or renew a limited access permit only 
if the upgrade or transfer does not result in an increase in horsepower 
of more than 20 percent or an increase of more than 10 percent in length 
overall, gross registered tonnage, or net tonnage from the vessel 
baseline specifications.
    (A) The vessel baseline specifications are the respective 
specifications (length overall, gross registered tonnage, net tonnage, 
horsepower) of the first vessel that was issued an initial limited 
access permit or, if applicable, of that vessel's replacement owned as 
of May 28, 1999.
    (B) Subsequent to the issuance of a limited access permit, the 
vessel's horsepower may be increased, relative to the baseline 
specifications of the vessel initially issued the LAP, through 
refitting, replacement, or transfer. Such an increase may not exceed 20 
percent of the baseline specifications of the vessel initially issued 
the LAP.
    (C) Subsequent to the issuance of a limited access permit, the 
vessel's length overall, gross registered tonnage, and net tonnage may 
be increased, relative to the baseline specifications of the vessel 
initially issued the LAP, through refitting, replacement, or transfer. 
An increase in any of these three specifications of vessel size may not 
exceed 10 percent of the baseline specifications of the vessel initially 
issued the LAP. This type of upgrade may be done separately from an 
engine horsepower upgrade.
    (iii) No person or entity may own or control more than 5 percent of 
the vessels for which swordfish directed, shark directed or tuna 
longline limited access permits have been issued.
    (iv) In order to transfer a swordfish, shark or tuna longline 
limited access permit to a replacement vessel, the owner of the vessel 
issued the limited access permit must submit a request to NMFS, at an 
address designated by NMFS, to transfer the limited access permit to 
another vessel, subject to requirements specified in paragraphs 
(l)(2)(ii) or (x) of this section, if applicable. The owner must return 
the current valid limited access permit to NMFS with a complete 
application for a limited access permit, as specified in paragraph (h) 
of this section, for the replacement vessel. Copies of both vessels' 
U.S. Coast Guard documentation or state registration must accompany the 
application.
    (v) For swordfish, shark, and tuna longline limited access permit 
transfers to a different person, the transferee must submit a request to 
NMFS, at an address designated by NMFS, to transfer the original limited 
access permit(s), subject to the requirements specified in paragraphs 
(l)(2)(ii), (iii), and (x) of this section, if applicable. The following 
must accompany the completed application: The original limited access 
permit(s) with signatures of both parties to the transaction on the back 
of the permit(s) and the bill of sale for the permit(s). A person must 
include copies of both vessels' U.S. Coast Guard documentation or state 
registration for limited access permit transfers involving vessels.
    (vi) For limited access permit transfers in conjunction with the 
sale of the permitted vessel, the transferee of the vessel and limited 
access permit(s) issued to that vessel must submit a request to NMFS, at 
an address designated by NMFS, to transfer the limited access permit(s), 
subject to the requirements specified in paragraphs

[[Page 314]]

(l)(2)(ii), (iii), and (x) of this section, if applicable. The following 
must accompany the completed application: The original limited access 
permit(s) with signatures of both parties to the transaction on the back 
of the permit(s), the bill of sale for the limited access permit(s) and 
the vessel, and a copy of the vessel's U.S. Coast Guard documentation or 
state registration.
    (vii) The owner of a vessel issued a limited access permit(s) who 
sells the permitted vessel but retains the limited access permit(s) must 
notify NMFS within 30 days after the sale of the change in application 
information in accordance with paragraph (i) of this section. If the 
owner wishes to transfer the limited access permit(s) to a replacement 
vessel, he/she must apply according to the procedures in paragraph 
(l)(2)(iv) of this section.
    (viii) As specified in paragraph (f)(4) of this section, a directed 
or incidental LAP for swordfish, a directed or an incidental catch LAP 
for shark, and an Atlantic Tunas Longline category permit are required 
to retain swordfish for commercial purposes. Accordingly, a LAP for 
swordfish obtained by transfer without either a directed or incidental 
catch shark LAP or an Atlantic tunas Longline category permit will not 
entitle an owner or operator to use a vessel to fish in the swordfish 
fishery.
    (ix) As specified in paragraph (d)(4) of this section, a directed or 
incidental LAP for swordfish, a directed or an incidental catch LAP for 
shark, and an Atlantic Tunas Longline category permit are required to 
retain Atlantic tunas taken by pelagic longline gear. Accordingly, an 
Atlantic Tunas Longline category permit obtained by transfer without 
either a directed or incidental catch swordfish or shark LAP will not 
entitle an owner or operator to use the permitted vessel to fish in the 
Atlantic tunas fishery with pelagic longline gear.
    (x) The owner of a vessel that, on August 6, 2007, concurrently 
possesses, or is eligible to renew, a directed or incidental swordfish 
limited access permit, a directed or incidental shark limited access 
permit, and an Atlantic Tunas Longline category permit is eligible to 
upgrade that vessel, or transfer its limited access permits to another 
vessel, subject to the following restrictions:
    (A) For eligible vessels, as defined in paragraph (l)(2)(x), any 
increase in the three specifications of vessel size (length overall, 
gross registered tonnage, and net tonnage), whether through refitting, 
replacement, or transfer, may not exceed 35 percent of the vessel 
baseline specifications, as defined in paragraph (l)(2)(ii)(A) of this 
section. Horsepower for eligible vessels is not limited for purposes 
vessel upgrades or permit transfers under paragraph (l)(2)(x).
    (B) If a vessel owner wants to request a transfer of limited access 
permits in order to be eligible for the upgrading restrictions under 
paragraph (l)(2)(x), the transferee must submit a complete 
application(s), as specified in paragraphs (h),(i),(j), and (l)(1) of 
this section, according to the procedures at paragraphs (l)(2)(iv), (v), 
or (vi) of this section, as applicable, to an address designated by 
NMFS, so that the completed application(s) are received by NMFS by 
August 6, 2007. Vessels will not be eligible for the upgrading 
restrictions under paragraph (l)(2)(x) if applications are incomplete or 
received after August 6, 2007.
    (C) Owners of directed or incidental swordfish limited access 
permit(s), directed or incidental shark limited access permit(s), and 
Atlantic Tunas Longline category permit(s) that are not assigned to a 
specific vessel may request transfer of these permits to a vessel in 
order to be eligible for the upgrading restrictions under paragraph 
(l)(2)(x). The transferee must submit complete applications, as 
specified in paragraphs (h),(i),(j), and (l)(1) of this section, 
according to the procedures at paragraphs (l)(2)(iv), (v), or (vi) of 
this section, as applicable, to an address designated by NMFS, so that 
the completed applications are received by NMFS by August 6, 2007. 
Vessels will not be eligible for the upgrading restrictions under 
paragraph (l)(2)(x) if applications are incomplete or received by NMFS 
after August 6, 2007.
    (m) Renewal--(1) General. Persons must apply annually for a dealer 
permit for Atlantic tunas, sharks, and swordfish, and for an Atlantic 
HMS Angling, HMS Charter/Headboat, tunas,

[[Page 315]]

shark, or swordfish vessel permit. Except as specified in the 
instructions for automated renewals, persons must submit a renewal 
application to NMFS, along with a copy of the applicable valid workshop 
certificate or certificates, if required pursuant to Sec. 635.8, at an 
address designated by NMFS, at least 30 days before a permit's 
expiration to avoid a lapse of permitted status. NMFS will renew a 
permit if the specific requirements for the requested permit are met, 
including those described in paragraph (l)(2) of this section, all 
reports required under the Magnuson-Stevens Act and ATCA have been 
submitted, including those described in Sec. 635.5 and Sec. 300.185 of 
this title, the applicant is not subject to a permit sanction or denial 
under paragraph (a)(6) of this section, and the workshop requirements 
specified in Sec. 635.8 are met.
    (2) Shark and swordfish LAPs. The owner of a vessel of the U.S. that 
fishes for, possesses, lands or sells shark or swordfish from the 
management unit, or that takes or possesses such shark or swordfish as 
incidental catch, must have the applicable limited access permit(s) 
issued pursuant to the requirements in paragraphs (e) and (f) of this 
section. Only persons holding non-expired shark and swordfish limited 
access permit(s) in the preceding year are eligible to renew those 
limited access permit(s). Transferors may not renew limited access 
permits that have been transferred according to the procedures in 
paragraph (l) of this section.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37703, July 13, 1999; 65 
FR 47238, Aug. 1, 2000; 66 FR 30652, June 7, 2001; 67 FR 77436, Dec. 18, 
2002; 68 FR 56787, Oct. 2, 2003; 69 FR 67283, Nov. 17, 2004; 71 FR 
45436, Aug. 9, 2006; 71 FR 58164, Oct. 2, 2006; 72 FR 31708, June 7, 
2007; 72 FR 33407, June 18, 2007; 73 FR 40707, July 15, 2008; 73 FR 
38153, July 3, 2008]



Sec. 635.5  Recordkeeping and reporting.

    Information on HMS vessel and dealer reporting requirements may be 
obtained from the Division Chief or where otherwise stated in this part.
    (a) Vessels--(1) Logbooks. If an owner of an HMS charter/headboat 
vessel, an Atlantic tunas vessel, a shark vessel, or a swordfish vessel, 
for which a permit has been issued under Sec. 635.4(b), (d), (e), or 
(f), is selected for logbook reporting in writing by NMFS, he or she 
must maintain and submit a fishing record on a logbook form specified by 
NMFS. Entries are required regarding the vessel's fishing effort and the 
number of fish landed and discarded. Entries on a day's fishing 
activities must be entered on the logbook form within 48 hours of 
completing that day's activities or before offloading, whichever is 
sooner. The owner or operator of the vessel must submit the logbook 
form(s) postmarked within 7 days of offloading all Atlantic HMS. If no 
fishing occurred during a calendar month, a no-fishing form so stating 
must be submitted postmarked no later than 7 days after the end of that 
month. If an owner of an HMS charter/headboat vessel, Atlantic tunas 
vessel, shark vessel, or swordfish vessel, permitted under Sec. 
635.4(b), (d), (e), or (f), is selected in writing by NMFS to complete 
the cost-earnings portion of the logbook(s), the owner or operator must 
maintain and submit the cost-earnings portion of the logbook postmarked 
no later than 30 days after completing the offloading for each trip 
fishing for Atlantic HMS during that calendar year, and submit the 
Atlantic Highly Migratory Species Annual Expenditures form(s) postmarked 
no later than the date specified on the form of the following year.
    (2) Weighout slips. If an owner of a permitted vessel is required to 
maintain and submit logbooks under paragraph (a)(1) of this section, and 
Atlantic HMS harvested on a trip are sold, the owner or operator must 
obtain and submit copies of weighout slips for those fish. Each weighout 
slip must show the dealer to whom the fish were transferred, the date 
they were transferred, and the carcass weight of each fish for which 
individual weights are normally recorded. For fish that are not 
individually weighed, a weighout slip must record total weights by 
species and market category. A weighout slip for sharks prior to or as 
part of a commercial transaction involving shark carcasses or fins must 
record the weights of carcasses and any detached fins. The owner or 
operator must also submit copies of weighout slips with

[[Page 316]]

the logbook forms required to be submitted under paragraph (a)(1) of 
this section.
    (3) BFT not sold. If a person who catches and lands a large medium 
or giant BFT from a vessel issued a permit in any of the commercial 
categories for Atlantic tunas does not sell or otherwise transfer the 
BFT to a dealer who has a dealer permit for Atlantic tunas, the person 
must contact a NMFS enforcement agent, at a number designated by NMFS, 
immediately upon landing such BFT, provide the information needed for 
the reports required under paragraph (b)(2)(i) of this section, and, if 
requested, make the tuna available so that a NMFS enforcement agent or 
authorized officer may inspect the fish and attach a tag to it. 
Alternatively, such reporting requirement may be fulfilled if a dealer 
who has a dealer permit for Atlantic tunas affixes a dealer tag as 
required under paragraph (b)(2)(ii) of this section and reports the BFT 
as being landed but not sold on the reports required under paragraph 
(b)(2)(i) of this section. If a vessel is placed on a trailer, the 
person must contact a NMFS enforcement agent, or the BFT must have a 
dealer tag affixed to it by a permitted Atlantic tunas dealer, 
immediately upon the vessel being removed from the water. All BFT landed 
but not sold will be applied to the quota category according to the 
permit category of the vessel from which it was landed.
    (4) Shark gillnet whale reporting. The vessel operators of vessels 
that are shark gillnetting, as defined by 50 CFR 229.2, and that have 
been issued, or are required to have, shark directed or incidental 
limited access permits for use in the Atlantic Ocean including the 
Caribbean Sea and the Gulf of Mexico are required to contact the NOAA 
Fisheries Southeast Regional Office, at a number designated by NOAA 
Fisheries, if a listed whale is taken, in addition to submitting all 
other reporting forms required by this part and 50 CFR part 229.
    (5) Chartering arrangements. (i) For the purposes of this section, a 
chartering arrangement means any contract, agreement, or commitment 
between a U.S. vessel owner and a foreign entity (e.g., government, 
company, person) by which the control, use, possession, or services of a 
vessel are secured, for a period of time for fishing targeting Atlantic 
HMS. Chartering arrangements under this part do not include bareboat 
charters under which a vessel enters into a fishing agreement with a 
foreign entity, changes registration to fish under another country's 
registration then, once the agreed-upon fishing is completed, reverts 
back to the vessel's original registration.
    (ii) Before fishing under a chartering arrangement, the owner of a 
fishing vessel subject to U.S. jurisdiction must apply for, and obtain, 
a chartering permit as specified in Sec. 635.32 (e) and (f). If a 
chartering permit is obtained, the vessel owner must submit catch 
information as specified in the terms and conditions of that permit. All 
catches will be recorded and counted against the applicable quota of the 
Contracting Party to which the chartering foreign entity is a member 
and, unless otherwise provided in the chartering permit, must be 
offloaded in the ports of the chartering foreign entity or offloaded 
under the direct supervision of the chartering foreign entity.
    (iii) If the chartering arrangement terminates before the expiration 
of the charter permit, the vessel owner must notify NMFS immediately and 
in writing, upon termination of the chartering arrangement. Such 
notification requirements shall also apply to situations where the 
chartering arrangement is temporarily suspended and during intermittent 
periods where the vessel may be fishing under U.S. quotas for Atlantic 
HMS.
    (b) Dealers. Persons who have been issued a dealer permit under 
Sec. 635.4 must submit reports to NMFS, to an address designated by 
NMFS, and maintain records as follows:
    (1) Atlantic HMS. (i) Dealers that have been issued or should have 
been issued an Atlantic tunas, swordfish, and/or sharks dealer permit 
under Sec. 635.4 must submit to NMFS all reports required under this 
section. All reports must be species-specific, must include information 
about all HMS landed, regardless of where harvested or whether the 
vessel is federally permitted under Sec. 635.4 and, for sharks, must 
specify the total shark fin weight separately from the

[[Page 317]]

weight of the shark carcass. As stated in Sec. 635.4(a)(6), failure to 
comply with these recordkeeping and reporting requirements may result in 
the existing dealer permit being revoked, suspended, or modified, and in 
the denial of any permit applications.
    (ii) Reports of Atlantic tunas, swordfish, and/or sharks received by 
dealers from U.S. vessels, as defined under Sec. 600.10 of this 
chapter, on the first through the 15\th\ of each month, must be received 
by NMFS not later than the 25\th\ of that month. Reports of Atlantic 
tunas, swordfish, and/or sharks received on the 16\th\ through the last 
day of each month must be received by NMFS not later than the 10th of 
the following month. If a dealer issued an Atlantic tunas, swordfish, or 
sharks dealer permit under Sec. 635.4 has not received any Atlantic HMS 
from U.S. vessels during a reporting period as specified in this 
section, he or she must still submit the report required under paragraph 
(b)(1)(i) of this section stating that no Atlantic HMS were received. 
This negative report must be received by NMFS for the applicable 
reporting period as specified in this section. This negative reporting 
requirement does not apply for bluefin tuna.
    (iii) The reporting requirement of paragraph (b)(1)(i) of this 
section may be satisfied by a dealer if he or she provides a copy of 
each appropriate weighout slip or sales record, provided such weighout 
slip or sales record by itself or combined with the form available from 
NMFS includes all of the required information and identifies each fish 
by species.
    (iv) The dealer may mail or fax such report to an address designated 
by NMFS or may hand-deliver such report to a state or Federal fishery 
port agent designated by NMFS. If the dealer hand-delivers the report to 
a port agent, the dealer must deliver such report for Atlantic tunas, 
swordfish, or sharks no later than the prescribed received-by date for 
the reporting period, as required in paragraphs (b)(1)(i) and (ii) of 
this section.
    (2) Requirements for bluefin tuna--(i) Dealer reports--(A) Landing 
reports. Each dealer with a valid Atlantic tunas permit issued under 
Sec. 635.4 must submit a completed landing report on a form available 
from NMFS for each BFT received from a U.S. fishing vessel. Such report 
must be submitted by electronic facsimile (fax) or, once available, via 
the Internet, to a number or a web address designated by NMFS not later 
than 24 hours after receipt of the BFT. A landing report must indicate 
the name and permit number of the vessel that landed the BFT and must be 
signed by the permitted vessel's owner or operator immediately upon 
transfer of the BFT. The dealer must inspect the vessel's permit to 
verify that the required vessel name and vessel permit number as listed 
on the permit are correctly recorded on the landing report and to verify 
that the vessel permit has not expired.
    (B) Bi-weekly reports. Each dealer with a valid Atlantic tunas 
permit under Sec. 635.4 must submit a complete bi-weekly report on 
forms available from NMFS for BFT received from U.S. vessels. For BFT 
received from U.S. vessels on the 1\st\ through the 15\th\ of each 
month, the dealer must submit the bi-weekly report form to NMFS, to be 
received by NMFS, not later than the 25\th\ of that month. Reports of 
BFT received on the 16\th\ through the last day of each month must be 
received by NMFS not later than the 10\th\ of the following month.
    (ii) Dealer tags. NMFS will issue numbered dealer tags to each 
person issued a dealer permit for Atlantic tunas under Sec. 635.4. A 
dealer tag is not transferable and is usable only by the dealer to whom 
it is issued. Dealer tags may not be reused once affixed to a tuna or 
recorded on a package, container, or report.
    (A) Affixing dealer tags. A dealer or a dealer's agent must affix a 
dealer tag to each BFT purchased or received from a U.S. vessel 
immediately upon offloading the BFT. If a vessel is placed on a trailer, 
the dealer or dealer's agent must affix the dealer tag to the BFT 
immediately upon the vessel being removed from the water. The dealer tag 
must be affixed to the BFT between the fifth dorsal finlet and the 
caudal keel.
    (B) Removal of dealer tags. A dealer tag affixed to any BFT under 
paragraph (b)(2)(ii)(A) of this section or a

[[Page 318]]

BSD tag affixed to an imported bluefin tuna must remain on the fish 
until it is cut into portions. If the bluefin tuna or bluefin tuna parts 
subsequently are packaged for transport for domestic commercial use or 
for export, the number of the dealer tag or the BSD tag must be written 
legibly and indelibly on the outside of any package containing the tuna. 
Such tag number also must be recorded on any document accompanying the 
shipment of bluefin tuna for commercial use or export.
    (3) Recordkeeping. Dealers must retain at their place of business a 
copy of each report required under paragraphs (b)(1)(i), (b)(1)(ii), and 
(b)(2)(i) of this section for a period of 2 years from the date on which 
each report was required to be submitted.
    (c) Anglers. All bluefin tuna, billfish, and North Atlantic 
swordfish non-tournament landings must be reported as specified under 
paragraphs (c)(1) or (c)(2) of this section, unless an alternative 
recreational catch reporting system has been established as specified 
under paragraph (c)(3) of this section. Tournament landings must be 
reported as specified under paragraph (d) of this section.
    (1) Bluefin tuna. The owner of a vessel permitted, or required to be 
permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat 
category must report all BFT landings under the Angling category quota 
designated at Sec. 635.27(a) through the NMFS automated catch reporting 
system within 24 hours of the landing. Such reports may be made by 
calling 1-888-872-8862 or by submitting the required information over 
the Internet at: www.nmfspermits.com.
    (2) The owner, or the owner(s designee, of a vessel permitted, or 
required to be permitted, in the Atlantic HMS Angling or Atlantic HMS 
Charter/Headboat category must report all non-tournament landings of 
Atlantic blue marlin, Atlantic white marlin, and Atlantic sailfish, and 
all non-tournament and non-commercial landings of North Atlantic 
swordfish to NMFS by telephone to a number designated by NMFS, or 
electronically via the internet to an internet website designated by 
NMFS, or by other means as specified by NMFS, within 24 hours of that 
landing. For telephone landing reports, the owner, or the owner(s 
designee, must provide a contact phone number so that a NMFS designee 
can call the vessel owner, or the owner(s designee, for follow up 
questions and to confirm the reported landing. Regardless of how 
submitted, landing reports submitted to NMFS are not complete unless the 
vessel owner, or the owner(s designee, has received a confirmation 
number from NMFS or a NMFS designee.
    (3) Alternative recreational catch reporting. Alternative 
recreational catch reporting procedures may be established by NMFS with 
cooperation from states which may include such methodologies as 
telephone, dockside or mail surveys, mail in or phone-in reports, 
tagging programs, catch cards, or mandatory check-in stations. A census 
or a statistical sample of persons fishing under the recreational 
fishing regulations of this part may be used for these alternative 
reporting programs (after the programs have received Paperwork Reduction 
Act approval from OMB). Persons or vessel owners selected for reporting 
will be notified by NMFS or by the cooperating state agency of the 
requirements and procedures for reporting recreational catch. Each 
person so notified must comply with those requirements and procedures. 
Additionally, NMFS may determine that recreational landing reporting 
systems implemented by the states, if mandatory, at least as 
restrictive, and effectively enforced, are sufficient for recreational 
landing monitoring as required under this part. In such case, NMFS will 
file with the Office of the Federal Register for publication 
notification indicating that compliance with the state system satisfies 
the reporting requirements of paragraph (c) of this section.
    (d) Tournament operators. For all tournaments that are conducted 
from a port in an Atlantic coastal state, including the U.S. Virgin 
Islands and Puerto Rico, a tournament operator must register with the 
NMFS' HMS Management Division, at least 4 weeks prior to commencement of 
the tournament by submitting information on the purpose, dates, and 
location of the tournament to NMFS. A tournament is not registered 
unless the tournament

[[Page 319]]

operator has received a confirmation number from the NMFS' HMS 
Management Division. NMFS will notify the tournament operator in writing 
when a tournament has been selected for reporting. Tournament operators 
that are selected to report must maintain and submit to NMFS a record of 
catch and effort on forms available from NMFS. Tournament operators must 
submit the completed forms to NMFS, at an address designated by NMFS, 
postmarked no later than the 7th day after the conclusion of the 
tournament, and must attach a copy of the tournament rules.
    (e) Inspection. Any person authorized to carry out enforcement 
activities under the regulations in this part has the authority, without 
warrant or other process, to inspect, at any reasonable time, catch on 
board a vessel or on the premises of a dealer, logbooks, catch reports, 
statistical records, sales receipts, or other records and reports 
required by this part to be made, kept, or furnished. An owner or 
operator of a fishing vessel that has been issued a permit under Sec. 
635.4 or Sec. 635.32 must allow NMFS or an authorized person to inspect 
and copy any required reports and the records, in any form, on which the 
completed reports are based, wherever they exist. An agent of a person 
issued a permit under this part, or anyone responsible for offloading, 
storing, packing, or selling regulated HMS for such permittee, shall be 
subject to the inspection provisions of this section.
    (f) Additional data and inspection. Additional data on fishing 
effort directed at Atlantic HMS or on catch of Atlantic HMS, regardless 
of whether retained, may be collected by contractors and statistical 
reporting agents, as designees of NMFS, and by authorized officers. A 
person issued a permit under Sec. 635.4 is required to provide 
requested information about fishing activity, and a person, regardless 
of whether issued a permit under Sec. 635.4, who possesses an Atlantic 
HMS is required to make such fish or parts thereof available for 
inspection by NMFS or its designees upon request.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 30653, June 7, 2001; 66 FR 42804, Aug. 15, 2001; 67 FR 45400, July 9, 
2002; 67 FR 77437, Dec. 18, 2002; 68 FR 714, Jan. 7, 2003; 68 FR 37773, 
June 25, 2003; 68 FR 74784, Dec. 24, 2003; 69 FR 67284, Nov. 17, 2004; 
69 FR 70399, Dec. 6, 2004; 71 FR 58165, Oct. 2, 2006; 72 FR 56932, Oct. 
5, 2007; 73 FR 31389, June 2, 2008; 73 FR 40707, July 15, 2008]

    Editorial Note: At 73 FR 47851, Aug. 15, 2008, an amendment 
published announcing an effective date of Sept. 24, 2008 for information 
collection and recordkeeping requirements in Sec. 635.5(b), amended at 
73 FR 35827, June 24, 2008. However, the effectiveness of that amendment 
was June 24, 2008, and therefore cannot be changed by August 15, 2008 
announcement of effectiveness.



Sec. 635.6  Vessel and gear identification.

    (a) Vessel number. For the purposes of this section, a vessel's 
number is the vessel's official number issued by either by the U.S. 
Coast Guard or by the appropriate state agency.
    (b) Vessel identification. (1) An owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4, other than an HMS 
Angling permit, must display the vessel number--
    (i) On the port and starboard sides of the deckhouse or hull and 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) in length; at least 10 inches (25.4 cm) in height for all other 
vessels over 25 ft (7.6 m) in length; and at least 3 inches (7.6 cm) in 
height for vessels 25 ft (7.6 m) in length or less.
    (2) The owner or operator of a vessel for which a permit has been 
issued under Sec. 635.4 must keep the vessel's number clearly legible 
and in good repair and ensure that no part of the vessel, its rigging, 
its fishing gear, or any other material on board obstructs the view of 
the vessel's number from an enforcement vessel or aircraft.
    (c) Gear identification. (1) The owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4 and

[[Page 320]]

that uses handline, buoy gear, harpoon, longline, or gillnet, must 
display the vessel's name, registration number or Atlantic Tunas, HMS 
Angling, or HMS Charter/Headboat permit number on each float attached to 
a handline, buoy gear, or harpoon, and on the terminal floats and high-
flyers (if applicable) on a longline or gillnet used by the vessel. The 
vessel's name or number must be at least 1 inch (2.5 cm) in height in 
block letters or arabic numerals in a color that contrasts with the 
background color of the float or high-flyer.
    (2) An unmarked handline, buoy gear, harpoon, longline, or gillnet, 
is illegal and may be disposed of in an appropriate manner by NMFS or an 
authorized officer.

[64 FR 29135, May 28, 1999, as amended at 66 FR 42804, Aug. 15, 2001; 67 
FR 77437, Dec. 18, 2002; 71 FR 58166, Oct. 2, 2006]



Sec. 635.7  At-sea observer coverage.

    (a) Applicability. NMFS may select for at-sea observer coverage any 
vessel that has an Atlantic HMS, tunas, shark or swordfish permit issued 
under Sec. 635.4 or Sec. 635.32. Vessels permitted in the HMS Charter/
Headboat and Angling categories will be requested to take observers on a 
voluntary basis. When selected, vessels issued any other permit under 
Sec. 635.4 or Sec. 635.32 are required to take observers on a 
mandatory basis.
    (b) Selection of vessels. NMFS will notify a vessel owner, in 
writing, when his or her vessel is selected for observer coverage. 
Vessels will be selected to provide information on catch, bycatch and 
other fishery data according to the need for representative samples.
    (c) Notification of trips. The owner or operator of a vessel that is 
selected under paragraph (b) of this section must notify NMFS, at an 
address designated by NMFS, before commencing any fishing trip that may 
result in the incidental catch or harvest of Atlantic HMS. Notification 
procedures and information requirements such as expected gear 
deployment, trip duration and fishing area will be specified in a 
selection letter sent by NMFS.
    (d) Assignment of observers. Once notified of a trip, NMFS will 
assign an observer for that trip based on current information needs 
relative to the expected catch and bycatch likely to be associated with 
the indicated gear deployment, trip duration and fishing area. If an 
observer is not assigned for a fishing trip, NMFS will issue a waiver 
for that trip to the owner or operator of the selected vessel, so long 
as the waiver is consistent with other applicable laws. If an observer 
is assigned for a trip, the operator of the selected vessel must arrange 
to embark the observer and shall not fish for or retain any Atlantic HMS 
unless the NMFS-assigned observer is aboard.
    (e) Requirements. The owner or operator of a vessel on which a NMFS-
approved observer is embarked, regardless of whether required to carry 
the observer, must comply with Sec. Sec. 600.725 and 600.746 of this 
chapter and-
    (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.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 17372, Mar. 30, 2001; 68 FR 63741, Nov. 10, 2003]



Sec. 635.8  Workshops.

    (a) Protected species release, disentanglement, and identification 
workshops. (1) Both the owner and operator of a vessel that fishes with 
longline or gillnet gear must be certified by NMFS, or its designee, as 
having completed a workshop on the safe handling, release, and 
identification of protected species before a shark or swordfish limited 
access vessel permit, pursuant to Sec. 635.4(e) and (f), is renewed in 
2007. For

[[Page 321]]

the purposes of this section, it is a rebuttable presumption that a 
vessel fishes with longline or gillnet gear if: longline or gillnet gear 
is onboard the vessel; logbook reports indicate that longline or gillnet 
gear was used on at least one trip in the preceding year; or, in the 
case of a permit transfer to new owners that occurred less than a year 
ago, logbook reports indicate that longline or gillnet gear was used on 
at least one trip since the permit transfer.
    (2) NMFS, or its designee, will issue a protected species safe 
handling, release, and identification workshop certificate to any person 
who completes a protected species safe handling, release, and 
identification workshop. If an owner owns multiple vessels, NMFS will 
issue a certificate for each vessel that the owner owns upon successful 
completion of one workshop. An owner who is also an operator will be 
issued multiple certificates, one as the owner of the vessel and one as 
the operator.
    (3) The owner of a vessel that fishes with longline or gillnet gear, 
as specified in paragraph (a)(1) of this section, is required to possess 
on board the vessel a valid protected species safe handling, release, 
and identification workshop certificate issued to that vessel owner. A 
copy of a valid protected species safe handling, release, and 
identification workshop certificate issued to the vessel owner for a 
vessel that fishes with longline or gillnet gear must be included in the 
application package to renew or obtain a shark or swordfish limited 
access permit.
    (4) An operator that fishes with longline or gillnet gear as 
specified in paragraph (a)(1) of this section must possess on board the 
vessel a valid protected species safe handling, release, and 
identification workshop certificate issued to that operator, in addition 
to a certificate issued to the vessel owner.
    (5) All owners and operators that attended and successfully 
completed industry certification workshops, held on April 8, 2005, in 
Orlando, FL, and on June 27, 2005, in New Orleans, LA, as documented by 
workshop facilitators, will automatically receive valid protected 
species safe handling, release, and identification workshop certificates 
issued by NMFS no later than December 31, 2006.
    (b) Atlantic shark identification workshops. (1) As of December 31, 
2007, all Federal Atlantic shark dealers permitted or required to be 
permitted pursuant to Sec. 635.4(g)(2), or a proxy for each place of 
business as specified in paragraph (b)(4) of this section, must be 
certified by NMFS, or its designee, as having completed an Atlantic 
shark identification workshop.
    (2) NMFS, or its designee, will issue an Atlantic shark 
identification workshop certificate to any person who completes an 
Atlantic shark identification workshop.
    (3) Dealers who own multiple businesses and who attend and 
successfully complete the workshop will be issued a certificate for each 
place of business that is permitted to receive sharks pursuant to Sec. 
635.4(g)(2).
    (4) Dealers may send a proxy to the Atlantic shark identification 
workshops. If a dealer opts to send a proxy, the dealer must designate 
at least one proxy from each place of business listed on the dealer 
permit, issued pursuant to Sec. 635.4(g)(2), which first receives 
Atlantic shark by way of purchase, barter, or trade. The proxy must be a 
person who is currently employed by a place of business covered by the 
dealer's permit; is a primary participant in the identification, 
weighing, and/or first receipt of fish as they are offloaded from a 
vessel; and fills out dealer reports as required under Sec. 635.5. Only 
one certificate will be issued to each proxy. If a proxy is no longer 
employed by a place of business covered by the dealer's permit, the 
dealer or another proxy must be certified as having completed a workshop 
pursuant to this section. At least one individual from each place of 
business listed on the dealer permit which first receives Atlantic 
sharks by way of purchase, barter, or trade must possess a valid 
Atlantic shark identification workshop certificate.
    (5) A Federal Atlantic shark dealer issued or required to be issued 
a shark dealer permit pursuant to Sec. 635.4(g)(2) must possess and 
make available for inspection a valid Atlantic shark identification 
workshop certificate at each place of business listed on the dealer 
permit which first receives Atlantic sharks by way of purchase, barter, 
or

[[Page 322]]

trade. For the purposes of this part, trucks or other conveyances of a 
dealer's place of business are considered to be extensions of a dealer's 
place of business and must possess a copy of a valid dealer or proxy 
certificate issued to a place of business covered by the dealer permit. 
A copy of this certificate issued to the dealer or proxy must be 
included in the dealer's application package to obtain or renew a shark 
dealer permit. If multiple businesses are authorized to receive Atlantic 
sharks under the dealer's permit, a copy of the workshop certificate for 
each place of business listed on the dealer permit which first receives 
Atlantic sharks by way of purchase, barter, or trade must be included in 
the shark dealer permit renewal application package.
    (c) Terms and conditions. (1) Certificates, as described in 
paragraphs (a) and (b) of this section, are valid for three calendar 
years. All certificates must be renewed prior to the expiration date on 
the certificate.
    (2) If a vessel fishes with longline or gillnet gear as described in 
paragraph (a) of this section, the vessel owner may not renew a shark or 
swordfish limited access permit, issued pursuant to Sec. 635.4(e) or 
(f), without submitting a valid protected species workshop certificate 
with the permit renewal application.
    (3) A vessel that fishes with longline or gillnet gear as described 
in paragraph (a) of this section and that has been, or should be, issued 
a valid limited access permit pursuant to Sec. 635.4(e) or (f), may not 
fish unless a valid protected species safe handling, release, and 
identification workshop certificate has been issued to both the owner 
and operator of that vessel.
    (4) An Atlantic shark dealer may not first receive, purchase, trade, 
or barter for Atlantic shark without a valid Atlantic shark 
identification workshop certificate. A valid Atlantic shark 
identification workshop certificate must be maintained on the premises 
of each place of business listed on the dealer permit which first 
receives Atlantic sharks by way of purchase, barter, or trade. An 
Atlantic shark dealer may not renew a Federal dealer permit issued 
pursuant to Sec. 635.4(g)(2) unless a valid Atlantic shark 
identification workshop certificate has been submitted with the permit 
renewal application. If the dealer is not certified, the dealer must 
submit a copy of a proxy certificate for each place of business listed 
on the dealer permit which first receives Atlantic sharks by way of 
purchase, barter, or trade.
    (5) A vessel owner, operator, shark dealer, or proxy for a shark 
dealer who is issued either a protected species workshop certificate or 
an Atlantic HMS identification workshop certificate may not transfer 
that certificate to another person.
    (6) Vessel owners issued a valid protected species safe handling, 
release, and identification workshop certificate may request, in the 
application for permit transfer per Sec. 635.4(l)(2), additional 
protected species safe handling, release, and identification workshop 
certificates for additional vessels that they own. Shark dealers may 
request from NMFS additional Atlantic shark identification workshop 
certificates for additional places of business authorized to receive 
sharks that they own as long as they, and not a proxy, were issued the 
certificate. All certificates must be renewed prior to the date of 
expiration on the certificate.
    (7) To receive either the protected species safe handling, release, 
and identification workshop certificate or Atlantic shark identification 
workshop certificate, persons required to attend the workshop must show 
a copy of their HMS permit, as well as proof of identification to NMFS 
or NMFS' designee at the workshop. If a permit holder is a corporation, 
partnership, association, or any other entity, the individual attending 
on behalf of the permit holder must show proof that he or she is the 
permit holder's agent and a copy of the HMS permit to NMFS or NMFS' 
designee at the workshop. For proxies attending on behalf of a shark 
dealer, the proxy must have documentation from the shark dealer 
acknowledging that the proxy is attending the workshop on behalf of the 
Atlantic shark dealer and must show a

[[Page 323]]

copy of the Atlantic shark dealer permit to NMFS or NMFS' designee at 
the workshop.

[71 FR 58166, Oct. 2, 2006, as amended at 73 FR 38153, July 3, 2008]



                        Subpart B_Limited Access



Sec. 635.16  [Reserved]



                      Subpart C_Management Measures



Sec. 635.20  Size limits.

    (a) General. The CFL will be the sole criterion for determining the 
size and/or size class of whole (head on) Atlantic tunas for a vessel 
that has been issued a limited access North Atlantic swordfish permit 
under Sec. 635.4. The LJFL will be the sole criterion for determining 
the size of whole (head on) North Atlantic swordfish for a vessel that 
has not been issued a limited access North Atlantic swordfish permit 
under Sec. 635.4. If the head or tail of an North Atlantic swordfish 
has been removed prior to or at the time of landing, the CK or minimum 
weight standard shall be applied in all cases.
    (b) BFT size classes. The size class of a BFT found with the head 
removed shall be determined using pectoral fin curved fork length 
(PFCFL) multiplied by a conversion factor of 1.35. The CFL, as 
determined by conversion of the PFCFL, will be the sole criterion for 
determining the size class of a beheaded BFT. The conversion factor may 
be adjusted after consideration of additional scientific information and 
fish measurement data, and will be made effective by filing with the 
Office of the Federal Register for publication notification of the 
adjustment.
    (c) BFT, bigeye tuna, and yellowfin tuna. (1) No person shall take, 
retain, or possess a BFT, bigeye tuna, or yellowfin tuna in the Atlantic 
Ocean that is less than 27 inches (69 cm) CFL;
    (2) Applying the conversion factor from PFCFL to CFL for a beheaded 
BFT in Sec. 635.20(b) means that no person shall retain or possess a 
BFT, with the head removed, that is less than 20 inches (51 cm) PFCFL.
    (3) No person shall remove the head of a bigeye tuna or yellowfin 
tuna if the remaining portion would be less than 27 inches (69 cm) from 
the fork of the tail to the forward edge of the cut.
    (d) Billfish. (1) No person shall take, retain or possess a blue 
marlin taken from its management unit that is less than 99 inches (251 
cm), LJFL.
    (2) No person shall take, retain or possess a white marlin taken 
from its management unit that is less than 66 inches (168 cm), LJFL.
    (3) No person shall take, retain or possess shoreward of the outer 
boundary of the EEZ a sailfish taken from its management unit that is 
less than 63 inches (160 cm), LJFL.
    (4) The Atlantic blue and white marlin minimum size limits, 
specified in paragraphs (d)(1) and (d)(2) of this section, may be 
adjusted to sizes between 117 and 138 inches (297.2 and 350.5 cm) and 70 
and 79 inches (177.8 and 200.7 cm), respectively, to achieve, but not 
exceed, the annual Atlantic marlin landing limit specified in Sec. 
635.27(d). Minimum size limit increases will be based upon a review of 
landings, the period of time remaining in the current fishing year, 
current and historical landing trends, and any other relevant factors. 
NMFS will adjust the minimum size limits specified in this section by 
filing an adjustment with the Office of the Federal Register for 
publication. In no case shall the adjustments be effective less than 14 
calendar days after the date of publication. The adjusted minimum size 
limits will remain in effect through the end of the applicable fishing 
year or until otherwise adjusted.
    (e) Sharks. All sharks landed under the recreational retention 
limits specified at Sec. 635.22(c) must have the head, tail, and fins 
attached. All sharks, except Atlantic sharpnose and bonnethead sharks, 
landed under the recreational retention limits specified at Sec. 
635.22(c) must be at least 54 inches (137 cm) FL.
    (f) Swordfish. (1) No person shall take, retain, or possess a north 
or south Atlantic swordfish taken from its management unit that is less 
than 29 inches (73 cm), CK, 47 inches (119 cm), LJFL, or 33 lb (15 kg) 
dressed weight. A swordfish that is damaged by shark bites may be 
retained only if the remainder of the carcass is at least 29

[[Page 324]]

inches (73 cm) CK, 47 inches (119 cm), LJFL, or 33 lb (15 kg) dw. No 
person shall import into the United States an Atlantic swordfish 
weighing less than 33 lb (15 kg) dressed weight, or a part derived from 
a swordfish that weighs less than 33 lb (15 kg) dressed weight.
    (2) Except for a swordfish landed in a Pacific state and remaining 
in the state of landing, a swordfish, or part thereof, weighing less 
than 33 lb (15 kg) dressed weight will be deemed to be an Atlantic 
swordfish harvested by a vessel of the United States and to be in 
violation of the minimum size requirement of this section unless such 
swordfish, or part thereof, is accompanied by a swordfish statistical 
document attesting that the swordfish was lawfully imported. Refer to 
Sec. 300.186 of this title for the requirements related to the 
swordfish statistical document.
    (3) A swordfish, or part thereof, will be monitored for compliance 
with the minimum size requirement of this section from the time it is 
landed in, or imported into, the United States up to, and including, the 
point of first transaction in the United States.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 42804, Aug. 15, 2001; 68 FR 714, Jan. 7, 2003; 68 FR 74785, Dec. 24, 
2003; 69 FR 67284, Nov. 17, 2004; 71 FR 58167, Oct. 2. 2006]



Sec. 635.21  Gear operation and deployment restrictions.

    The green-stick gear authorization requirements under paragraphs 
(c)(2)(v)(A), (c)(2)(v)(B), (c)(5)(iii)(C)(3), (e)(1)(ii), (e)(1)(iii), 
(e)(1)(v), and (g) of this section are effective on October 23, 2008. 
The sea turtle bycatch mitigation gear requirements under paragraphs 
(c)(2)(v)(D), (c)(2)(v)(G), (c)(5)(i) introductory text, (c)(5)(i)(M), 
(c)(5)(ii)(A), and (c)(5)(ii)(C)(1) of this section are effective on 
January 1, 2009.
    (a) All Atlantic HMS fishing gears. (1) An Atlantic HMS harvested 
from its management unit that is not retained must be released in a 
manner that will ensure maximum probability of survival, but without 
removing the fish from the water.
    (2) If a billfish is caught by a hook and not retained, the fish 
must be released by cutting the line near the hook or by using a 
dehooking device, in either case without removing the fish from the 
water.
    (3) All vessels that have pelagic or bottom longline gear onboard 
and that have been issued, or are required to have, a limited access 
swordfish, shark, or tuna longline category permit for use in the 
Atlantic Ocean including the Caribbean Sea and the Gulf of Mexico must 
possess inside the wheelhouse the document provided by NMFS entitled 
``Careful Release Protocols for Sea Turtle Release with Minimal 
Injury,'' and must also post inside the wheelhouse the sea turtle 
handling and release guidelines provided by NMFS.
    (4) Area closures for all Atlantic HMS fishing gears. (i) No person 
may fish for, catch, possess, or retain any Atlantic highly migratory 
species or anchor a fishing vessel that has been issued a permit or is 
required to be permitted under this part, in the areas designated at 
Sec. 622.34(d) of this chapter.
    (ii) From November through April of each year until June 16, 2010, 
no vessel issued, or required to be issued, a permit under this part may 
fish or deploy any type of fishing gear in the Madison-Swanson closed 
area or the Steamboat Lumps closed area, as defined in Sec. 635.2.
    (iii) From May through October of each year until June 16, 2010, no 
vessel issued, or required to be issued, a permit under this part may 
fish or deploy any type of fishing gear in the Madison-Swanson or the 
Steamboat Lumps closed areas except for surface trolling, as specified 
below under paragraph (a)(4)(iv) of this section.
    (iv) For the purposes of paragraph (a)(4)(iii) of this section, 
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.
    (b) General. No person may fish for, catch, possess, or retain any 
Atlantic HMS with gears other than the primary gears specifically 
authorized in this part. Consistent with paragraphs (a)(1) and (a)(2) of 
this section, secondary gears may be used at boat side to aid and assist 
in subduing, or bringing on board a vessel, Atlantic HMS

[[Page 325]]

that have first been caught or captured using primary gears. For 
purposes of this part, secondary gears include, but are not limited to, 
dart harpoons, gaffs, flying gaffs, tail ropes, etc. Secondary gears may 
not be used to capture, or attempt to capture, free-swimming or 
undersized HMS. Except as specified in this paragraph (b), a vessel 
using or having onboard in the Atlantic Ocean any unauthorized gear may 
not possess an Atlantic HMS on board.
    (c) Pelagic longlines. For purposes of this part, 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. If a vessel 
issued a permit under this part is in a closed area designated under 
paragraph (c)(2) 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.
    (1) If a vessel issued or required to be issued a permit under this 
part is in a closed area designated under paragraph (c)(2) of this 
section and has bottom longline gear onboard, the vessel may not, at any 
time, possess or land any pelagic species listed in Table 2 of Appendix 
A to this part in excess of 5 percent, by weight, of the total weight of 
pelagic and demersal species possessed or landed, that are listed in 
Tables 2 and 3 of Appendix A to this part.
    (2) If pelagic longline gear is on board a vessel issued a permit 
under this part, persons aboard that vessel may not fish or deploy any 
type of fishing gear in:
    (i) The Northeastern United States closed area from June 1 through 
June 30 each calender year;
    (ii) In the Charleston Bump closed area from February 1 through 
April 30 each calendar year;
    (iii) In the East Florida Coast closed area at any time;
    (iv) In the Desoto Canyon closed area at any time;
    (v) In the Northeast Distant gear restricted area at any time, 
unless persons onboard the vessel comply with the following:
    (A) The vessel is limited to possessing onboard and/or using only 
18/0 or larger circle hooks with an offset not to exceed 10 degrees. The 
outer diameter of the circle hook at its widest point must be no smaller 
than 2.16 inches (55 mm) when measured with the eye on the hook on the 
vertical axis (y-axis) and perpendicular to the horizontal axis (x-
axis), and the distance between the circle hook point and the shank 
(i.e., the gap) must be no larger than 1.13 inches (28.8 mm). The 
allowable offset is measured from the barbed end of the hook and is 
relative to the parallel plane of the eyed-end, or shank, of the hook 
when laid on its side. The only allowable offset circle hooks are those 
that are offset by the hook manufacturer. If green-stick gear, as 
defined at Sec. 635.2, is onboard, a vessel may possess up to 20 J-
hooks. J-hooks may be used only with green-stick gear, and no more than 
10 hooks may be used at one time with each green-stick gear. J-hooks 
used with green-stick gear may be no smaller than 1.5 inch (38.1 mm) 
when measured in a straight line over the longest distance from the eye 
to any other part of the hook; and,
    (B) The vessel is limited, at all times, to possessing onboard and/
or using only whole Atlantic mackerel and/or squid bait, except that 
artificial bait may be possessed and used only with green-stick gear, as 
defined at Sec. 635.2, if green-stick gear is onboard; and,
    (C) Vessels must possess, inside the wheelhouse, a document provided 
by NMFS entitled, ``Careful Release Protocols for Sea Turtle Release 
with Minimal Injury,'' and must post, inside the wheelhouse, sea turtle 
handling and release guidelines provided by NMFS; and,
    (D) Required sea turtle bycatch mitigation gear, which NMFS has 
approved under paragraph (c)(5)(iv) of this section, on the initial list 
of ``NMFS-Approved Models For Equipment Needed For The Careful Release 
of Sea Turtles Caught In Hook And Line Fisheries,'' must be carried 
onboard, and must be used in accordance with the handling requirements 
specified in paragraphs (c)(2)(v)(E) through (G) of this section; and,

[[Page 326]]

    (E) Sea turtle bycatch mitigation gear, specified in paragraph 
(c)(2)(v)(D) of this section, must be used to disengage any hooked or 
entangled sea turtles that cannot be brought on board, and to facilitate 
access, safe handling, disentanglement, and hook removal or hook cutting 
of sea turtles that can be brought on board, 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 
specified in paragraph (c)(2)(v)(C) of this section, and in accordance 
with the onboard handling and resuscitation requirements specified in 
Sec. 223.206(d)(1).
    (F) Boated turtles. When practicable, active and comatose sea 
turtles must be brought on board, with a minimum of injury, using a 
dipnet approved on the initial list specified in paragraph (c)(2)(v)(D) 
of this section. All turtles less than 3 ft (.91 m) carapace length 
should be boated, if sea conditions permit. A boated turtle should be 
placed on a standard automobile tire, or cushioned surface, 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. A front flipper or flippers of the turtle must be 
secured, if possible, with an approved turtle control device from the 
list specified in paragraph (c)(2)(v)(D) of this section. 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 the hook 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 approved monofilament line cutters from the list 
specified in paragraph (c)(2)(v)(D) of this section, and the hook should 
be cut as close as possible to the insertion point before releasing the 
turtle using bolt cutters from that list. 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, an approved mouth-opener from 
the initial list specified in paragraph (c)(2)(v)(D) of this section may 
facilitate opening the turtle's mouth, and an approved gag from that 
list may facilitate keeping the mouth open. Short-handled dehookers for 
ingested hooks, long-nose pliers, or needle-nose pliers from the initial 
list specified in paragraph (c)(2)(v)(D) of this section 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 paragraph (c)(2)(v)(C) of this section, and the handling and 
resuscitation requirements specified in Sec. 223.206(d)(1) of this 
title, for additional information.
    (G) Non-boated turtles. If a sea turtle is too large, or hooked in a 
manner that precludes safe boating without causing further damage or 
injury to the turtle, sea turtle bycatch mitigation gear, specified in 
paragraph (c)(2)(v)(D) of this section, 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 paragraph (c)(2)(v)(C) of this section. 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. A front flipper or flippers of the 
turtle must be secured, if possible, with an approved turtle control 
device from the list specified in paragraph (c)(2)(v)(D) of this 
section. 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 an approved line cutter 
from the list specified in paragraph (c)(2)(v)(D) of this section. If 
the hook can be removed, it must be removed using a long-handled 
dehooker from the initial list specified in paragraph (c)(2)(v)(D)

[[Page 327]]

of this section. 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 paragraph (c)(2)(v)(C) of this section, and the handling and 
resuscitation requirements specified in Sec. 223.206(d)(1) of this 
title, for additional information.
    (3) When a marine mammal or sea turtle is hooked or entangled by 
pelagic longline gear, the operator of the vessel must immediately 
release the animal, retrieve the pelagic longline gear, and move at 
least 1 nm (2 km) from the location of the incident before resuming 
fishing. Reports of marine mammal entanglements must be submitted to 
NMFS consistent with regulations in Sec. 229.6 of this title.
    (4) In the Gulf of Mexico: pelagic longline gear may not be fished 
or deployed from a vessel issued a permit under this part with live bait 
affixed to the hooks; and, a person aboard a vessel issued a permit 
under this part that has pelagic longline gear on board shall not 
maintain live baitfish in any tank or well on board the vessel and shall 
not possess live baitfish, and shall not set up or attach an aeration or 
water circulation device in or to any such tank or well. For the 
purposes of this section, the Gulf of Mexico includes all waters of the 
U.S. EEZ west and north of the boundary stipulated at 50 CFR 600.105(c).
    (5) The operator of a vessel required to be permitted under this 
part and that has pelagic longline gear on board must undertake the 
following sea turtle bycatch mitigation measures:
    (i) Possession and use of required mitigation gear. Required sea 
turtle bycatch mitigation gear, which NMFS has approved under paragraph 
(c)(5)(iv) of this section as meeting the minimum design standards 
specified in paragraphs (c)(5)(i)(A) through (c)(5)(i)(M) of this 
section, must be carried on-board, and must be used to disengage any 
hooked or entangled sea turtles in accordance with the handling 
requirements specified in paragraph (c)(5)(ii) of this section.
    (A) 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:
    (1) 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.
    (2) 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 
feet (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.
    (B) Long-handled dehooker for ingested hooks. A long-handled 
dehooking device is intended to remove ingested 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 
ingested

[[Page 328]]

hooks is required onboard. The minimum design standards are as follows:
    (1) Hook removal device. The hook removal device must be constructed 
of 5/16-inch (7.94 mm) 316 L stainless steel and have a 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 pelagic longline fishery targeting swordfish and tuna.
    (2) 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.
    (C) 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 ingested hooks described 
in paragraph (c)(5)(i)(B) of this section would meet this requirement. 
The minimum design standards are as follows:
    (1) Construction. A long-handled dehooker must be constructed of 5/
16-inch (7.94 mm) 316 L stainless steel rod. A 5-inch (12.7-cm) tube T-
handle of 1-inch (2.54 cm) outside diameter is recommended, but not 
required. 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 pelagic longline fishery 
targeting swordfish and tuna.
    (2) 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.
    (D) 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,'' required 
under paragraph (a)(3) of this section, 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 (c)(5)(i)(C) of this section, it will also satisfy 
this requirement. Minimum design standards are as follows:
    (1) Hook end. This device, such as a standard boat hook or gaff, 
must be constructed of stainless steel or aluminum. A sharp point, such 
as on a gaff hook, is to be used only for holding the monofilament 
fishing line and should never contact the sea turtle.
    (2) 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.
    (E) 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. The minimum design standards for dipnets are as follows:
    (1) 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) 3 inches 
(7.62 cm). There must be no sharp edges or burrs on the hoop, or where 
it is attached to the handle.
    (2) 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 made of a rigid material strong 
enough to facilitate the

[[Page 329]]

sturdy attachment of the net hoop and able to support a minimum of 100 
lbs (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.
    (F) Tire. A minimum of one tire is required for supporting a turtle 
in an upright orientation while it is onboard, although an assortment of 
sizes is recommended to accommodate a range of turtle sizes. The 
required tire must be a standard passenger vehicle tire, and must be 
free of exposed steel belts.
    (G) Short-handled dehooker for ingested hooks. One short-handled 
device for removing ingested 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:
    (1) Hook removal device. The hook removal device must be constructed 
of 1/4-inch (6.35 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 5/16 inch (3.33 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 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 10 inches (25.4 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 pelagic longline 
fishery targeting swordfish and tuna.
    (2) Handle length. The handle should be approximately 16 - 24 inches 
(40.64 cm - 60.69 cm) in length, with approximately a 5-inch (12.7 cm) 
long tube T-handle of approximately 1 inch (2.54 cm) in diameter.
    (H) Short-handled dehooker for external hooks. One short-handled 
dehooker for external hooks is required onboard. The short-handled 
dehooker for ingested hooks required to comply with paragraph 
(c)(5)(i)(G) of this section will also satisfy this requirement. Minimum 
design standards are as follows:
    (1) Hook removal device. The dehooker must be constructed of 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 pelagic longline fishery targeting swordfish and tuna.
    (2) Handle length. The handle should be approximately 16 - 24 inches 
(40.64 cm - 60.69 cm) long with approximately a 5-inch (12.7 cm) long 
tube T-handle of approximately 1 inch (2.54 cm) in diameter.
    (I) 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. They can also hold 
PVC splice couplings, when used as mouth openers, in place. Minimum 
design standards are as follows:
    (1) General. They must be approximately 12 inches (30.48 cm) in 
length, and should be constructed of stainless steel material.
    (2) [Reserved]
    (J) 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:
    (1) General. They must be approximately 17 inches (43.18 cm) in 
total length, with 4-inch (10.16 cm) long blades that are 2 1/4 inches 
(5.72 cm) wide, when closed, and with 13-inch (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.
    (2) [Reserved]

[[Page 330]]

    (K) 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:
    (1) General. Monofilament line cutters must be approximately 7 1/2 
inches (19.05 cm) in length. The blades must be 1 in (4.45 cm) in length 
and 5/8 in (1.59 cm) wide, when closed, and are recommended to be coated 
with Teflon (a trademark owned by E.I. DuPont de Nemours and Company 
Corp.).
    (2) [Reserved]
    (L) Mouth openers/mouth gags. Required mouth openers and mouth gags 
are used to open sea turtle mouths, and to keep them open when removing 
ingested 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:
    (1) 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) 1 inch (2.54 cm) 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.
    (2) 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. 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. 
A 1 -inch (4.45 cm) piece of vinyl tubing (3/4-inch (1.91 cm) outside 
diameter and 5/8-inch (1.59 cm) inside diameter) must be placed over the 
ends to protect the turtle's beak.
    (3) 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 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.
    (4) A set of two rope loops covered with hose. A set of two rope 
loops covered with a piece of hose can be used as a mouth opener, and to 
keep a turtle's mouth open during hook and/or line removal. A required 
set consists of two 3-foot (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) light-duty garden 
hose, 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.
    (5) 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-foot (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.
    (6) 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).
    (7) A large avian oral speculum. A large avian oral speculum 
provides the

[[Page 331]]

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).
    (M) Turtle control devices. Effective January 1, 2009, one turtle 
control device, as described in paragraph (c)(5)(i)(M)(1) or (2) of this 
section, is required onboard and must be used to secure a front flipper 
of the sea turtle so that the animal can be controlled at the side of 
the vessel. It is strongly recommended that a pair of turtle control 
devices be used to secure both front flippers when crew size and 
conditions allow. Minimum design standards consist of:
    (1) Turtle tether and extended reach handle. Approximately 15-20 
feet of 1/2-inch hard lay negative buoyance line is used to make an 
approximately 30-inch loop to slip over the flipper. The line is fed 
through a 3/4-inch fair lead, eyelet, or eyebolt at the working end of a 
pole and through a 3/4-inch eyelet or eyebolt in the midsection. A 1/2-
inch quick release cleat holds the line in place near the end of the 
pole. A final 3/4-inch eyelet or eyebolt should be positioned 
approximately 7-inches behind the cleat to secure the line, while 
allowing a safe working distance to avoid injury when releasing the line 
from the cleat. The line 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 feet (1.83 m), whichever is 
greater. There is no restriction on the type of material used to 
construct this handle, as long as it is sturdy. The handle must include 
a tag line to attach the tether to the vessel to prevent the turtle from 
breaking away with the tether still attached.
    (2) T&G ninja sticks and extended reach handles. Approximately 30-35 
feet of 1/2-inch to 5/8-inch soft lay polypropylene or nylon line or 
similar is fed through 2 PVC conduit, fiberglass, of similar sturdy 
poles and knotted using an overhand (recommended) knot at the end of 
both poles or otherwise secured. There should be approximately 18-24 
inches of exposed rope between the poles to be used as a working surface 
to capture and secure the flipper. Knot the line at the ends of both 
poles to prevent line slippage if they are not otherwise secured. The 
remaining line is used to tether the apparatus to the boat unless an 
additional tag line is used. Two lengths of sunlight resistant 3/4-inch 
schedule 40 PVC electrical conduit, fiberglass, aluminum, or similar 
material should be used to construct the apparatus with a minimum length 
equal to, or greater than, 150 percent of the freeboard, or a minimum of 
6 feet (1.83 m), whichever is greater.
    (ii) Handling and release requirements. (A) Sea turtle bycatch 
mitigation gear, as required by paragraphs (c)(5)(i)(A) through (D) of 
this section, must be used to disengage any hooked or entangled sea 
turtles that cannot be brought onboard. Sea turtle bycatch mitigation 
gear, as required by paragraphs (c)(5)(i)(E) through (L) of this 
section, 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 specified in paragraph 
(a)(3) of this section, and in accordance with the onboard handling and 
resuscitation requirements specified in Sec. 223.206(d)(1) of this 
title.
    (B) Boated turtles. When practicable, active and comatose sea 
turtles must be brought on board, with a minimum of injury, using a 
dipnet as required by paragraph (c)(5)(i)(E) of this section. All 
turtles less than 3 ft (.91 m) carapace length should be boated, if sea 
conditions permit.
    (1) A boated turtle should be placed on a standard automobile tire, 
or cushioned surface, 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

[[Page 332]]

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 required by paragraph (c)(5)(i) of this 
section, and the hook should be cut as close as possible to the 
insertion point before releasing the turtle, using boltcutters as 
required by paragraph (c)(5)(i) of this section. 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 
required by paragraph (c)(5)(i) of this section, may facilitate opening 
the turtle's mouth and a gag may facilitate keeping the mouth open. 
Short-handled dehookers for ingested hooks, long-nose pliers, or needle-
nose pliers, as required by paragraph (c)(5)(i) of this section, 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 paragraph (a)(3) of this section, and the 
handling and resuscitation requirements specified in Sec. 223.206(d)(1) 
of this title, for additional information.
    (2) [Reserved]
    (C) Non-boated turtles. If a sea turtle is too large, or hooked in a 
manner that precludes safe boating without causing further damage or 
injury to the turtle, sea turtle bycatch mitigation gear required by 
paragraphs (c)(5)(i)(A)-(D) of this section 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 paragraph (a)(3) of this section.
    (1) 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. A front 
flipper or flippers of the turtle must be secured, if possible, with an 
approved turtle control device from the list specified in paragraph 
(c)(2)(v)(D) of this section. 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 required by paragraph (c)(5)(i) of this section. If the hook 
can be removed, it must be removed using a long-handled dehooker as 
required by paragraph (c)(5)(i) of this section. 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 paragraph (a)(3) of this section, and the 
handling and resuscitation requirements specified in Sec. 223.206(d)(1) 
for additional information.
    (2) [Reserved]
    (iii) Gear modifications. The following measures are required of 
vessel operators to reduce the incidental capture and mortality of sea 
turtles:
    (A) Gangion length. The length of any gangion on vessels that have 
pelagic longline gear on board and that have been issued, or are 
required to have, a limited access swordfish, shark, or tuna longline 
category permit for use in the Atlantic Ocean including the Caribbean 
Sea and the Gulf of Mexico must be at least 10 percent longer than any 
floatline length if the total length of any gangion plus the total 
length of any floatline is less than 100 meters.
    (B) Corrodible hooks. Vessels that have pelagic longline gear on 
board and that have been issued, or are required to have, a limited 
access swordfish, shark, or tuna longline category permit for use in the 
Atlantic Ocean including the Caribbean Sea and the Gulf of Mexico must 
only have corrodible hooks on board.
    (C) Hook size, type, and bait. Vessels fishing outside of the NED 
closed area, as defined at Sec. 635.2, that have pelagic

[[Page 333]]

longline gear on board, and that have been issued, or are required to 
have, a limited access swordfish, shark, or tuna longline category 
permit for use in the Atlantic Ocean, including the Caribbean Sea and 
the Gulf of Mexico, are limited, at all times, to possessing on board 
and/or using only whole finfish and/or squid bait, and the following 
types and sizes of fishing hooks:
    (1) 18/0 or larger circle hooks with an offset not to exceed 
10[deg]; and/or,
    (2) 16/0 or larger non-offset circle hooks.
    (i) For purposes of paragraphs (c)(5)(iii)(C)(1), and 
(c)(5)(iii)(C)(2) of this section, the outer diameter of an 18/0 circle 
hook at its widest point must be no smaller than 2.16 inches (55 mm), 
and the outer diameter of a 16/0 circle hook at its widest point must be 
no smaller than 1.74 inches (44.3 mm), when measured with the eye of the 
hook on the vertical axis (y-axis) and perpendicular to the horizontal 
axis (x-axis). The distance between the hook point and the shank (i.e., 
the gap) on an 18/0 circle hook must be no larger than 1.13 inches (28.8 
mm), and the gap on a 16/0 circle hook must be no larger than 1.01 
inches (25.8 mm). The allowable offset is measured from the barbed end 
of the hook, and is relative to the parallel plane of the eyed-end, or 
shank, of the hook when laid on its side. The only allowable offset 
circle hooks are those that are offset by the hook manufacturer.
    (ii) [Reserved]
    (3) If green-stick gear, as defined at Sec. 635.2, is onboard, a 
vessel may possess up to 20 J-hooks. J-hooks may be used only with 
green-stick gear, and no more than 10 hooks may be used at one time with 
each green-stick gear. J-hooks used with green-stick gear may be no 
smaller than 1.5 inch (38.1 mm) when measured in a straight line over 
the longest distance from the eye to any other part of the hook. If 
green-stick gear is onboard, artificial bait may be possessed, but used 
only with green-stick gear.
    (iv) Approval of sea turtle bycatch mitigation gear. NMFS will file 
with the Office of the Federal Register for publication an initial list 
of required sea turtle bycatch mitigation gear that NMFS has approved as 
meeting the minimum design standards specified under paragraph (c)(5)(i) 
of this section. Other devices proposed for use as line clippers or 
cutters or dehookers, as specified under paragraphs (c)(5)(i)(A), (B), 
(C), (G), (H), and (K) of this section, must be approved as meeting the 
minimum design standards before being used. NMFS will examine new 
devices, as they become available, to determine if they meet the minimum 
design standards, and will file with the Office of the Federal Register 
for publication notification of any new devices that are approved as 
meeting the standards.
    (d) Bottom longlines. For the purposes of this part, a vessel is 
considered to have bottom longline gear on board when a power-operated 
longline hauler, a mainline, weights and/or anchors capable of 
maintaining contact between the mainline and the ocean bottom, and 
leaders (gangions) with hooks are on board. Removal of any one of these 
elements constitutes removal of bottom longline gear. Bottom longline 
vessels may have a limited number of floats and/or high flyers onboard 
for the purposes of marking the location of the gear but removal of 
these floats does not constitute removal of bottom longline gear. If a 
vessel issued a permit under this part is in a closed area designated 
under paragraph (d)(1) of this section with bottom longline gear on 
board, it is a rebuttable presumption that any fish on board such a 
vessel were taken with bottom longline in the closed area.
    (1) If bottom longline gear is onboard a vessel issued a permit 
under this part, persons aboard that vessel may not fish or deploy any 
type of fishing gear in the following areas:
    (i) The mid-Atlantic shark closed area from January 1 through July 
31 each calendar year;
    (ii) The areas designated at Sec. 622.33(a)(1) through (3) of this 
chapter, year-round; and
    (iii) The areas described in paragraphs (d)(1)(iii)(A) through (H) 
of this section, year-round.
    (A) Snowy Grouper Wreck. Bounded by rhumb lines connecting, in 
order, the following points:

[[Page 334]]



------------------------------------------------------------------------
         Point                  North lat.              West long.
------------------------------------------------------------------------
A                        33[deg]25[min]           77[deg]04.75[min]
------------------------------------------------------------------------
B                        33[deg]34.75[min]        76[deg]51.3[min]
------------------------------------------------------------------------
C                        33[deg]25.5[min]         76[deg]46.5[min]
------------------------------------------------------------------------
D                        33[deg]15.75[min]        77[deg]00.0[min]
------------------------------------------------------------------------
A                        33[deg]25[min]           77[deg]04.75[min]
------------------------------------------------------------------------

    (B) South Carolina A. Bounded on the north by 32[deg]53.5[min] N. 
lat.; on the south by 32[deg]48.5[min] N. lat.; on the east by 
78[deg]04.75[min] W. long.; and on the west by 78[deg]16.75[min] W. 
long.
    (C) Edisto. Bounded on the north by 32[deg]24[min] N. lat.; on the 
south by 32[deg]18.5[min] N. lat.; on the east by 78[deg]54.0[min] W. 
long.; and on the west by 79[deg]06.0[min] W. long.
    (D) Charleston Deep Artificial Reef. Bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
         Point                  North lat.              West long.
------------------------------------------------------------------------
A                        32[deg]04[min]           79[deg]12[min]
------------------------------------------------------------------------
B                        32[deg]08.5[min]         79[deg]07.5[min]
------------------------------------------------------------------------
C                        32[deg]06[min]           79[deg]05[min]
------------------------------------------------------------------------
D                        32[deg]01.5[min]         79[deg]09.3[min]
------------------------------------------------------------------------
A                        32[deg]04[min]           79[deg]12[min]
------------------------------------------------------------------------

    (E) Georgia. Bounded by rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
         Point                  North lat.              West long.
------------------------------------------------------------------------
A                        31[deg]43[min]           79[deg]31[min]
------------------------------------------------------------------------
B                        31[deg]43[min]           79[deg]21[min]
------------------------------------------------------------------------
C                        31[deg]34[min]           79[deg]29[min]
------------------------------------------------------------------------
D                        31[deg]34[min]           79[deg]39[min]
------------------------------------------------------------------------
A                        31[deg]43[min]           79[deg]31[min]
------------------------------------------------------------------------

    (F) North Florida. Bounded on the north by 30[deg]29[min] N. lat.; 
on the south by 30[deg]19[min] N. lat.; on the east by 80[deg]02[min] W. 
long.; and on the west by 80[deg]14[min] W. long.
    (G) St. Lucie Hump. Bounded on the north by 27[deg]08[min] N. lat.; 
on the south by 27[deg]04[min] N. lat.; on the east by 79[deg]58[min] W. 
long.; and on the west by 80[deg]00[min] W. long.
    (H) East Hump. Bounded by rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
         Point                  North lat.              West long.
------------------------------------------------------------------------
A                        24[deg]36.5[min]         80[deg]45.5[min]
------------------------------------------------------------------------
B                        24[deg]32[min]           80[deg]36[min]
------------------------------------------------------------------------
C                        24[deg]27.5[min]         80[deg]38.5[min]
------------------------------------------------------------------------
D                        24[deg]32.5[min]         80[deg]48[min]
------------------------------------------------------------------------
A                        24[deg]36.5[min]         80[deg]45.5[min]
------------------------------------------------------------------------

    (2) When a marine mammal, sea turtle, or smalltooth sawfish is 
hooked or entangled by bottom longline gear, the operator of the vessel 
must immediately release the animal, retrieve the bottom longline gear, 
and move at least 1 nmi (2 km) from the location of the incident before 
resuming fishing. Reports of marine mammal entanglements must be 
submitted to NMFS consistent with regulations in Sec. 229.6 of this 
title.
    (3) The operator of a vessel required to be permitted under this 
part and that has bottom longline gear on board must undertake the 
following bycatch mitigation measures to release sea turtles, prohibited 
sharks, or smalltooth sawfish, as appropriate.
    (i) Possession and use of required mitigation gear. The equipment 
listed in paragraph (c)(5)(i) of this section must be carried on board 
and must be used to handle, release, and disentangle hooked or entangled 
sea turtles, prohibited sharks, or smalltooth sawfish in accordance with 
requirements specified in paragraph (d)(3)(ii) of this section.
    (ii) Handling and release requirements. Sea turtle bycatch 
mitigation gear, as required by paragraph (d)(3)(i) of this section, 
must be used to disengage any hooked or entangled sea turtle as stated 
in paragraph (c)(5)(ii) of this section. This mitigation gear should 
also be employed to disengage any hooked or entangled species of 
prohibited sharks as listed under heading D of Table 1 of appendix A of 
this part, any hooked or entangled species of sharks that exceed the 
retention limits as specified in Sec. 635.24(a), and any hooked or 
entangled smalltooth sawfish. In addition, if a smalltooth sawfish is 
caught, the fish should be kept in the water while maintaining water 
flow over the gills and the fish should be examined for research tags. 
All smalltooth sawfish must be released in a manner that will ensure 
maximum

[[Page 335]]

probability of survival, but without removing the fish from the water or 
any research tags from the fish.
    (iii) Corrodible hooks. Vessels that have bottom longline gear on 
board and that have been issued, or required to have, a limited access 
shark permit for use in the Atlantic Ocean, including the Caribbean Sea 
and the Gulf of Mexico, must only have corrodible hooks on board.
    (4) If a vessel issued or required to be issued a permit under this 
part is in a closed area designated under paragraph (d)(1) of this 
section and has pelagic longline gear onboard, the vessel may not, at 
any time, possess or land any demersal species listed in Table 3 of 
Appendix A to this part in excess of 5 percent, by weight, of the total 
weight of pelagic and demersal species possessed or landed, that are 
listed in Tables 2 and 3 of Appendix A to this part.
    (e) Authorized gear--(1) Atlantic tunas. A person that fishes for, 
retains, or possesses an Atlantic bluefin tuna may not have on board a 
vessel or use on board a vessel any primary gear other than those 
authorized for the category for which the Atlantic tunas or HMS permit 
has been issued for such vessel. Primary gears are the gears 
specifically authorized in this section. When fishing for Atlantic tunas 
other than BFT, primary gear authorized for any Atlantic Tunas permit 
category may be used, except that purse seine gear may be used only on 
board vessels permitted in the Purse Seine category and pelagic longline 
gear may be used only on board vessels issued an Atlantic Tunas Longline 
category tuna permit, a LAP other than handgear for swordfish, and a LAP 
for sharks.
    (i) Angling. Speargun (for BAYS tunas only), and rod and reel 
(including downriggers)and handline (for all tunas).
    (ii) Charter/Headboat. Rod and reel (including downriggers), bandit 
gear, handline, and green-stick gear are authorized for all recreational 
and commercial Atlantic tuna fisheries. Speargun is authorized for 
recreational Atlantic BAYS tuna fisheries only.
    (iii) General. Rod and reel (including downriggers), handline, 
harpoon, bandit gear, and green-stick.
    (iv) Harpoon. Harpoon.
    (v) Longline. Longline and green-stick.
    (vi) Purse Seine. Purse seine.
    (A) Mesh size. A purse seine used in directed fishing for BFT must 
have a mesh size equal to or smaller than 4.5 inches (11.4 cm) in the 
main body (stretched when wet) and must have at least 24-count thread 
throughout the net.
    (B) Inspection of purse seine vessels. Persons that own or operate a 
purse seine vessel conducting a directed fishery for Atlantic tunas must 
have their fishing gear inspected for mesh size by an enforcement agent 
of NMFS prior to commencing fishing for the season in any fishery that 
may result in the harvest of Atlantic tunas. Such persons must request 
such inspection at least 24 hours before commencement of the first 
fishing trip of the season. If NMFS does not inspect the vessel within 
24 hours of such notification, the inspection requirement is waived. In 
addition, at least 24 hours before commencement of offloading any BFT 
after a fishing trip, such persons must request an inspection of the 
vessel and catch by notifying NMFS. If, after notification by the 
vessel, NMFS does not arrange to inspect the vessel and catch at 
offloading, the inspection requirement is waived.
    (vii) Trap. Pound net and fish weir.
    (2) Billfish. (i) Only persons who have been issued a valid HMS 
Angling or valid Charter/Headboat permit, or who have been issued a 
valid Atlantic Tunas General category permit and are participating in a 
tournament as provided in Sec. 635.4(c) of this part, may possess a 
blue marlin or white marlin in, or take a blue marlin or a white marlin 
from, its management unit. Blue marlin or white marlin may only be 
harvested by rod and reel.
    (ii) Only persons who have been issued a valid HMS Angling or valid 
Charter/Headboat permit, or who have been issued a valid Atlantic Tunas 
General category permit and are participating in a tournament as 
provided in Sec. 635.4(c) of this part, may possess or take a sailfish 
shoreward of the outer boundary of the Atlantic EEZ. Sailfish may only 
be harvested by rod and reel.
    (iii) After December 31, 2007, persons who have been issued or are 
required to

[[Page 336]]

be issued a permit under this part and who are participating in a 
``tournament'', as defined in Sec. 635.2, that bestows points, prizes, 
or awards for Atlantic billfish must deploy only non-offset circle hooks 
when using natural bait or natural bait/artificial lure combinations, 
and may not deploy a J-hook or an offset circle hook in combination with 
natural bait or a natural bait/artificial lure combination.
    (3) Sharks. (i) No person may possess a shark in the EEZ taken from 
its management unit without a permit issued under Sec. 635.4. No person 
issued a shark LAP under Sec. 635.4 may possess a shark by any gear 
other than rod and reel, handline, bandit gear, longline, or gillnet. No 
person issued an HMS Angling permit or an HMS Charter/headboat permit 
under Sec. 635.4 may possess a shark in the EEZ if the shark was taken 
from its management unit by any gear other than rod and reel or 
handline, except that persons on a vessel issued both an HMS Charter/
headboat permit and a shark LAP may possess sharks taken with rod and 
reel, handline, bandit gear, longline, or gillnet if the vessel is not 
engaged in a for-hire fishing trip.
    (ii) No person may fish for sharks with a gillnet with a total 
length of 2.5 km or more. No person may have on board a vessel a gillnet 
with a total length of 2.5 km or more.
    (iii) Provisions on gear deployment for the southeast U.S. shark 
gillnet fishery to implement the Atlantic Large Whale Take Reduction 
Plan are set forth in Sec. 229.32(f) of this title.
    (iv) While fishing for Atlantic sharks with a gillnet, the gillnet 
must remain attached to at least one vessel at one end, except during 
net checks.
    (v) Both the observer and vessel operator are responsible for 
sighting whales. If a listed whale is taken, the vessel operator must 
cease fishing operations immediately and contact NOAA Fisheries as 
required in Sec. 635.5(a)(5).
    (vi) Vessel operators are required to conduct net checks every 0.5 
to 2 hours to look for and remove any sea turtles, marine mammals, or 
smalltooth sawfish. Smalltooth sawfish should not be removed from the 
water while being removed from the net.
    (4) Swordfish. (i) No person may possess north Atlantic swordfish 
taken from its management unit by any gear other than handgear or 
longline, except that such swordfish taken incidentally while fishing 
with a squid trawl may be retained, subject to restrictions specified in 
Sec. 635.24(b)(2). No person may possess south Atlantic swordfish taken 
from its management unit by any gear other than longline.
    (ii) An Atlantic swordfish may not be retained or possessed on board 
a vessel with a gillnet. A swordfish will be deemed to have been 
harvested by gillnet when it is onboard, or offloaded from a vessel 
using or having on board a gillnet.
    (iii) A person aboard a vessel issued or required to be issued a 
valid directed handgear LAP for Atlantic swordfish may not fish for 
swordfish with any gear other than handgear. A swordfish will be deemed 
to have been harvested by longline when the fish is on board or 
offloaded from a vessel using or having on board longline gear. Only 
vessels that have been issued, or that are required to have been issued, 
a valid directed or handgear swordfish LAP under this part may utilize 
or possess buoy gear. Vessels utilizing buoy gear may not possess or 
deploy more than 35 floatation devices, and may not deploy more than 35 
individual buoy gears per vessel. Buoy gear must be constructed and 
deployed so that the hooks and/or gangions are attached to the vertical 
portion of the mainline. Floatation devices may be attached to one but 
not both ends of the mainline, and no hooks or gangions may be attached 
to any floatation device or horizontal portion of the mainline. If more 
than one floatation device is attached to a buoy gear, no hook or 
gangion may be attached to the mainline between them. Individual buoy 
gears may not be linked, clipped, or connected together in any way. Buoy 
gears must be released and retrieved by hand. All deployed buoy gear 
must have some type of monitoring equipment affixed to it including, but 
not limited to, radar reflectors, beeper devices, lights, or reflective 
tape. If only reflective tape is affixed, the vessel deploying the buoy 
gear must possess on board an operable

[[Page 337]]

spotlight capable of illuminating deployed floatation devices. If a gear 
monitoring device is positively buoyant, and rigged to be attached to a 
fishing gear, it is included in the 35 floatation device vessel limit 
and must be marked appropriately.
    (iv) Except for persons aboard a vessel that has been issued a 
limited access North Atlantic swordfish permit under Sec. 635.4, no 
person may fish for North Atlantic swordfish with, or possess a North 
Atlantic swordfish taken by, any gear other than handline or rod and 
reel.
    (f) Speargun fishing gear. Speargun fishing gear may only be 
utilized when recreational fishing for Atlantic BAYS tunas and only from 
vessels issued either a valid HMS Angling or valid HMS Charter/Headboat 
permit. Persons fishing for Atlantic BAYS tunas using speargun gear, as 
specified in paragraph (e)(1) of this section, must be physically in the 
water when the speargun is fired or discharged, and may freedive, use 
SCUBA, or other underwater breathing devices. Only free-swimming BAYS 
tunas, not those restricted by fishing lines or other means, may be 
taken by speargun fishing gear. ``Powerheads'', as defined at Sec. 
600.10 of this chapter, or any other explosive devices, may not be used 
to harvest or fish for BAYS tunas with speargun fishing gear.
    (g) Green-stick gear. Green-stick gear may only be utilized when 
fishing from vessels issued a valid Atlantic Tunas General, HMS Charter/
Headboat, or Atlantic Tunas Longline category permit. The gear must be 
attached to the vessel, actively trolled with the mainline at or above 
the water's surface, and may not be deployed with more than 10 hooks or 
gangions attached.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 65 
FR 47238, Aug. 1, 2000; 66 FR 8904, Feb. 5, 2001; 66 FR 17372, Mar. 30, 
2001; 67 FR 45400, July 9, 2002; 67 FR 47469, July 19, 2002; 68 FR 714, 
Jan. 7, 2003; 68 FR 74785, Dec. 24, 2003; 69 FR 40754, 40755, July 6, 
2004; 69 FR 47797, 47798, Aug. 6, 2004; 71 FR 58167, Oct. 2, 2006; 71 FR 
75134, Dec. 14, 2006; 72 FR 5641, Feb. 7, 2007; 72 FR 26741, May 11, 
2007; 72 FR 67586, Nov. 29, 2007; 73 FR 40708, July 15, 2008; 73 FR 
38154, July 3, 2008; 73 FR 54734, Sept. 23, 2008]

                                * * * * *

    (c) * * *
    (2) * * *
    (v) * * *



Sec. 635.22  Recreational retention limits.

    (a) General. Atlantic HMS caught, possessed, retained, or landed 
under these recreational limits may not be sold or transferred to any 
person for a commercial purpose. Recreational retention limits apply to 
a longbill spearfish taken or possessed shoreward of the outer boundary 
of the Atlantic EEZ, to a shark taken from or possessed in the Atlantic 
EEZ, to a North Atlantic swordfish taken from or possessed in the 
Atlantic Ocean, and to bluefin and yellowfin tuna taken from or 
possessed in the Atlantic Ocean. The operator of a vessel for which a 
retention limit applies is responsible for the vessel retention limit 
and for the cumulative retention limit based on the number of persons 
aboard. Federal recreational retention limits may not be combined with 
any recreational retention limit applicable in state waters.
    (b) Billfish. No longbill spearfish from the management unit may be 
taken, retained, or possessed shoreward of the outer boundary of the 
EEZ.
    (c) Sharks. (1) One of each of the following sharks may be retained 
per vessel per trip, subject to the size limits described in Sec. 
635.20(e): any of the non-ridgeback sharks listed under heading A.2 of 
Table 1 in Appendix A of this part, tiger (Galeocerdo cuvieri), blue 
(Prionace glauca), common thresher (Alopias vulpinus), oceanic whitetip 
(Carcharhinus longimanus), porbeagle (Lamna nasus), shortfin mako 
(Isurus oxyricnchus), Atlantic sharpnose (Rhizoprionodon terraenovae), 
finetooth (C. isodon), blacknose (C. acronotus), and bonnethead (Sphyrna 
tiburo).
    (2) In addition to the shark listed under paragraph (c)(1) of this 
section, one Atlantic sharpnose shark and one bonnethead shark may be 
retained per person per trip. Regardless of the length of a trip, no 
more than one Atlantic sharpnose shark and one bonnethead shark per 
person may be possessed on board a vessel.
    (3) No prohibited sharks, including parts or pieces of prohibited 
sharks, which are listed in Table 1 of Appendix A to this part under 
prohibited sharks,

[[Page 338]]

may be retained regardless of where harvested.
    (4) The recreational retention limit for sharks applies to any 
person who fishes in any manner, except to persons aboard a vessel that 
has been issued an Atlantic incidental or directed shark LAP under Sec. 
635.4. If a commercial Atlantic shark quota is closed under Sec. 
635.28, the recreational retention limit for sharks and no sale 
provision in paragraph (a) of this section may be applied to persons 
aboard a vessel issued an Atlantic incidental or directed shark LAP 
under Sec. 635.4, only if that vessel has also been issued an HMS 
Charter/Headboat permit issued under Sec. 635.4 and is engaged in a 
for-hire fishing trip.
    (d) Yellowfin tuna. Three yellowfin tunas per person per day may be 
retained. Regardless of the length of a trip, no more than three 
yellowfin tuna per person may be possessed on board a vessel. The 
recreational retention limit for yellowfin tuna applies to a person who 
fishes in any manner, except to a person aboard a vessel issued an 
Atlantic Tunas vessel permit under Sec. 635.4. The recreational 
retention limit for yellowfin tuna applies to persons, including captain 
and crew, aboard a vessel that has been issued an Atlantic HMS Charter/
Headboat permit only when the vessel is engaged in a for-hire trip.
    (e) Bluefin tuna. Refer to Sec. 635.23 for Atlantic bluefin tuna 
recreational retention limits.
    (f) North Atlantic swordfish. The recreational retention limits for 
North Atlantic swordfish apply to persons who fish in any manner, except 
to persons aboard a vessel that has been issued a limited access North 
Atlantic swordfish permit under Sec. 635.4.
    (1) Vessels issued an HMS Charter/Headboat permit under Sec. 
635.4(b), that are charter boats as defined under Sec. 600.10 of this 
chapter, may retain, possess, or land no more than one North Atlantic 
swordfish per paying passenger and up to six North Atlantic swordfish 
per vessel per trip.
    (2) Vessels issued an HMS Charter/Headboat permit under Sec. 
635.4(b), that are headboats as defined under Sec. 600.10 of this 
chapter, may retain, possess, or land no more than one North Atlantic 
swordfish per paying passenger and up to 15 North Atlantic swordfish per 
vessel per trip.
    (3) Vessels issued an HMS Angling category permit under Sec. 
635.4(c), may retain, possess, or land no more than one North Atlantic 
swordfish per person and up to four North Atlantic swordfish per vessel 
per trip.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 8904, Feb. 5, 2001; 67 FR 77437, Dec. 18, 2002; 68 FR 714, Jan. 7, 
2003; 68 FR 74785, Dec. 24, 2003; 71 FR 58169, Oct. 2, 2006; 72 FR 
31709, June 7, 2007; 73 FR 40708, July 15, 2008]



Sec. 635.23  Retention limits for BFT.

    The retention limits in this section are subject to the quotas and 
closure provisions in Sec. Sec. 635.27 and 635.28.
    (a) General category. (1) No person aboard a vessel that has a 
General category Atlantic Tunas permit may possess, retain, land, or 
sell a BFT in the school, large school, or small medium size class.
    (2) On an RFD, no person aboard a vessel that has been issued a 
General category Atlantic Tunas permit may fish for, possess, retain, 
land, or sell a BFT of any size class, and catch-and-release or tag-and-
release fishing for BFT under Sec. 635.26 is not authorized from such 
vessel. On days other than RFDs, and when the General category is open, 
one large medium or giant BFT may be caught and landed from such vessel 
per day. NMFS will annually publish a schedule of RFDs in the Federal 
Register.
    (3) Regardless of the length of a trip, no more than a single day's 
retention limit of large medium or giant BFT may be possessed or 
retained aboard a vessel that has a General category Atlantic Tunas 
permit. On days other than RFDs, when the General category is open, no 
person aboard such vessel may continue to fish, and the vessel must 
immediately proceed to port once the applicable limit for large medium 
or giant BFT is retained.
    (4) To provide for maximum utilization of the quota for BFT, NMFS 
may increase or decrease the daily retention limit of large medium and 
giant BFT over a range from zero (on RFDs) to a maximum of three per 
vessel. Such increase or decrease will be based on the

[[Page 339]]

criteria provided under Sec. 635.27(a)(8). NMFS will adjust the daily 
retention limit specified in paragraph (a)(2) of this section by filing 
an adjustment with the Office of the Federal Register for publication. 
In no case shall such adjustment be effective less than 3 calendar days 
after the date of filing with the Office of the Federal Register, except 
that previously designated RFDs may be waived effective upon closure of 
the General category fishery so that persons aboard vessels permitted in 
the General category may conduct tag-and-release fishing for BFT under 
Sec. 635.26.
    (b) Angling category. BFT may be retained and landed under the daily 
limits and quotas applicable to the Angling category by persons aboard 
vessels issued an HMS Angling permit as follows:
    (1) Large medium and giant BFT. (i) No large medium or giant BFT may 
be retained, possessed, landed, or sold in the Gulf of Mexico, except 
one per vessel per year may be landed if caught incidentally to fishing 
for other species.
    (ii) One per vessel per year may be retained, possessed, and landed 
outside the Gulf of Mexico.
    (iii) When a large medium or giant BFT has been caught and retained 
under this paragraph (b)(1), no person aboard the vessel may continue to 
fish, the vessel must immediately proceed to port, and no such BFT may 
be sold or transferred to any person for a commercial purpose.
    (2) School, large school, or small medium BFT. (i) No school, large 
school, or small medium BFT may be retained, possessed, landed, or sold 
in the Gulf of Mexico.
    (ii) One school, large school, or small medium BFT per vessel per 
day may be retained, possessed, or landed outside the Gulf of Mexico. 
Regardless of the length of a trip, no more than a single day's 
allowable catch of school, large school, or small medium BFT may be 
possessed or retained.
    (3) Changes to retention limits. To provide for maximum utilization 
of the quota for BFT over the longest period of time, NMFS may increase 
or decrease the retention limit for any size class of BFT, or change a 
vessel trip limit to an angler trip limit and vice versa. Such increase 
or decrease in retention limit will be based on the criteria provided 
under Sec. 635.27 (a)(8). The retention limits may be adjusted 
separately for persons aboard a specific vessel type, such as private 
vessels, headboats, or charter boats. NMFS will adjust the daily 
retention limit specified in paragraph (b)(2) of this section by filing 
an adjustment with the Office of the Federal Register for publication. 
In no case shall such adjustment be effective less than 3 calendar days 
after the date of filing with the Office of the Federal Register.
    (c) HMS Charter/Headboat. Persons aboard a vessel issued an HMS 
Charter/Headboat permit may retain and land BFT under the daily limits 
and quotas applicable to the Angling category or the General category as 
follows:
    (1) When fishing in the Gulf of Mexico, the restrictions applicable 
to the Angling category specified in paragraph (b)(1) of this section 
apply.
    (2) When fishing other than in the Gulf of Mexico when the fishery 
for the General category is closed, the restrictions applicable to the 
Angling category specified in paragraphs (b)(1) through (b)(3) of this 
section apply.
    (3) When fishing other than in the Gulf of Mexico and when the 
fishery under the General category has not been closed under Sec. 
635.28, a person aboard a vessel that has been issued an HMS Charter/
Headboat permit may fish under either the retention limits applicable to 
the General category specified in paragraphs (a)(2) and (a)(3) of this 
section or the retention limits applicable to the Angling category 
specified in paragraphs (b)(2) and (b)(3) of this section. The size 
category of the first BFT retained will determine the fishing category 
applicable to the vessel that day.
    (d) Harpoon category. Persons aboard a vessel permitted in the 
Atlantic Tunas Harpoon category may retain, possess, or land an 
unlimited number of giant BFT per day. An incidental catch of only two 
large medium BFT per vessel per day may be retained, possessed, or 
landed.
    (e) Purse Seine category. Persons aboard a vessel permitted in the 
Atlantic Tunas Purse Seine category,

[[Page 340]]

    (1) May retain, possess, land, or sell large medium BFT in amounts 
not exceeding 15 percent, by weight, of the total amount of giant BFT 
landed during that fishing year.
    (2) May retain, possess or land BFT smaller than the large medium 
size class that are taken incidentally when fishing for skipjack tuna or 
yellowfin tuna in an amount not exceeding 1 percent, by weight, of the 
skipjack tuna and yellowfin tuna landed on that trip. Landings of BFT 
smaller than the large medium size class may not be sold and are counted 
against the Purse Seine category BFT quota allocated to that vessel.
    (f) Longline category. Persons aboard a vessel permitted in the 
Atlantic Tunas Longline category may retain, possess, land, and sell 
large medium and giant BFT taken incidentally when fishing for other 
species. For vessels fishing North or South of 31[deg]00[min] N. lat., 
limits on retention, possession, landing and sale are as follows:
    (1) One large medium or giant BFT per vessel per trip may be landed, 
provided that at least 2,000 lb (907 kg) of species other than BFT are 
legally caught, retained, and offloaded from the same trip and are 
recorded on the dealer weighout slip as sold. Two large medium or giant 
BFT per vessel per trip may be landed, provided that at least 6,000 lb 
(2,727 kg) of species other than BFT are legally caught, retained, and 
offloaded from the same trip and are recorded on the dealer weighout 
slip as sold. Three large medium or giant BFT per vessel per trip may be 
landed, provided that at least 30,000 lb (13,620 kg) of species other 
than BFT are legally caught, retained, and offloaded from the same trip 
and are recorded on the dealer weighout slip as sold.
    (2) NMFS may increase or decrease the Longline category retention 
limit of large medium and giant BFT over a range from zero to a maximum 
of three per trip, or, for a given BFT retention limit, increase or 
decrease the target catch requirement by 25 percent from the level 
specified in paragraph (f)(1) of this section. Such increase or decrease 
in the BFT retention limit or target catch requirement will be based on 
a review of dealer reports, observer reports, vessel logbooks, landing 
trends, availability of the species on the fishing grounds, and any 
other relevant factors, and will consider the likelihood of increasing 
dead discards of BFT and/or exceeding the incidental landings quota 
established for the pelagic longline fishery. Such adjustments may be 
made separately for vessels fishing North or South of 31[deg]00[min] N. 
lat. NMFS will adjust the retention limits and target catch requirements 
specified in paragraph (f)(1) of this section by filing the adjustment 
with the Office of the Federal Register for publication. In no case 
shall such adjustment be effective less than 21 calendar days after the 
adjustment is filed with the Office of the Federal Register for 
publication.
    (3) Pelagic longline vessels fishing in the Northeast Distant gear 
restricted area, under the exemption specified at Sec. 635.21(c)(2)(v), 
may retain all BFT taken incidental to fishing for other species while 
in that area up to the available quota as specified in Sec. 635.27(a), 
notwithstanding the retention limits and target catch requirements 
specified in paragraph (f)(1) of this section. Once the available quota 
as specified in Sec. 635.27(a) has been attained, the target catch 
requirements specified in paragraph (f)(1) of this section apply.
    (g) Trap category. Persons aboard a vessel permitted in the Atlantic 
Tunas Trap category may retain, possess, land, and sell each fishing 
year only one large medium or giant BFT that is taken incidentally while 
fishing for other species with a pound net or fish weir. No other 
Atlantic tunas caught in a pound net or fish weir may be retained.

[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 67 
FR 77438, Dec. 18, 2002; 68 FR 32417, May 30, 2003; 68 FR 56788, Oct. 2, 
2003; 68 FR 74511, Dec. 24, 2003; 69 FR 40758, July 6, 2004; 70 FR 
10900, Mar. 7, 2005; 71 FR 58169, Oct. 2, 2006]



Sec. 635.24  Commercial retention limits for sharks and swordfish.

    The retention limits in this section are subject to the quotas and 
closure provisions in Sec. Sec. 635.27 and 635.28.
    (a) Sharks. (1) A person who owns or operates a vessel that has been 
issued a

[[Page 341]]

valid shark research permit under Sec. 635.32(f) and who has a NMFS-
approved observer on board may retain, possess, or land LCS, including 
sandbar sharks, in excess of the retention limits in paragraphs (a)(2) 
through (6) of this section. The amount of LCS that can be landed by 
such a person will vary as specified on the shark research permit. Only 
a person who owns or operates a vessel issued a valid shark research 
permit with a NMFS-approved observer on board may retain, possess, or 
land sandbar sharks.
    (2) From July 24, 2008 through December 31, 2012, a person who owns 
or operates a vessel that has been issued a directed LAP for sharks and 
does not have a valid shark research permit, or a person who owns or 
operates a vessel that has been issued a directed LAP for sharks and 
that has been issued a valid shark research permit but does not have a 
NMFS-approved observer on board, may retain, possess, or land no more 
than 33 non-sandbar LCS per vessel per trip if the fishery is open per 
Sec. 635.27 and Sec. 635.28. Such persons may not retain, possess, or 
land sandbar sharks. As of January 1, 2013, a person who owns or 
operates a vessel that has been issued a directed LAP for sharks and 
does not have a valid shark research permit, or a person who owns or 
operates a vessel that has been issued a directed LAP for sharks and 
that has been issued a shark research permit but does not have a NMFS-
approved observer on board, may retain, possess, or land no more than 36 
non-sandbar LCS per vessel per trip if the fishery is open per Sec. 
635.27 and Sec. 635.28. Such persons may not retain, possess, or land 
sandbar sharks.
    (3) A person who owns or operates a vessel that has been issued an 
incidental LAP for sharks and does not have a valid shark research 
permit, or a person who owns or operates a vessel that has been issued 
an incidental LAP for sharks and that has been issued a valid shark 
research permit but does not have a NMFS-approved observer on board, may 
retain, possess, or land no more than 3 non-sandbar LCS per vessel per 
trip if the fishery is open per Sec. 635.27 and Sec. 635.28. Such 
persons may not retain, possess, or land sandbar sharks.
    (4) A person who owns or operates a vessel that has been issued a 
directed shark LAP may retain, possess, or land SCS and pelagic sharks 
if the SCS or pelagic shark fishery is open per Sec. 635.27 and Sec. 
635.28. A person who owns or operates a vessel that has been issued an 
incidental LAP for sharks may retain, possess, or land no more than 16 
SCS and pelagic sharks, combined, per trip, if the fishery is open per 
Sec. 635.27 and Sec. 635.28.
    (5) A person who owns or operates a vessel that has been issued an 
incidental or directed LAP for sharks may not retain, possess, land, 
sell, or purchase prohibited sharks, including any parts or pieces of 
prohibited sharks, which are listed in Table 1 of Appendix A to this 
part under prohibited sharks.
    (6) A person who owns or operates a vessel that has been issued 
either an incidental or directed LAP for sharks, and who decides to 
retain sharks, must retain, subject to the trip limits, all dead, legal-
sized, non-prohibited sharks that are brought onboard the vessel and 
cannot replace those sharks with sharks of higher quality or size that 
are caught later in the trip. Any fish that are to be released cannot be 
brought onboard the vessel and must be released in the water in a manner 
that maximizes survival.
    (b) Swordfish. (1) Persons aboard a vessel that has been issued an 
incidental LAP for swordfish may retain, possess, land, or sell no more 
than 30 swordfish per trip in or from the Atlantic Ocean north of 5[deg] 
N. lat., except as specified in paragraph (b)(2) of this section.
    (2) Persons aboard a vessel in the squid trawl fishery that has been 
issued an incidental LAP for swordfish may retain, possess, land, or 
sell no more than 15 swordfish per trip in or from the Atlantic Ocean 
north of 5[deg] N. lat. A vessel is considered to be in the squid trawl 
fishery when it has no commercial fishing gear other than trawls on 
board and when squid constitute not less than 75 percent by weight of 
the total fish on board or offloaded from the vessel.

[64 FR 29135, May 28, 1999, as amended at 71 FR 58169, Oct. 2, 2006; 72 
FR 31709, June 7, 2007; 73 FR 40709, July 15, 2008]

[[Page 342]]



Sec. 635.25  Fishing areas.

    (a) General. Persons on board fishing vessels subject to the 
jurisdiction of the United States are authorized to fish for, catch, 
retain, or land species governed by an international catch sharing 
agreement implemented under this part only in or from those management 
areas for which the United States has received an allocation.
    (b) Exemptions. Persons and vessels subject to the jurisdiction of 
the United States intending to fish for regulated species in fishing 
areas not otherwise authorized under this part, whether for the purposes 
of scientific research or commercial fishing under a chartering 
arrangement, must have a permit from NMFS issued under Sec. 635.32.
    (c) Atlantic bluefin tuna. No person aboard a U.S. fishing vessel 
shall fish for bluefin tuna in, or possess on board that fishing vessel 
a bluefin tuna taken from, the Mediterranean Sea.

[67 FR 70026, Nov. 20, 2002]



Sec. 635.26  Catch and release.

    (a) BFT. (1) Notwithstanding the other provisions of this part, a 
person aboard a vessel issued a permit under this part, other than a 
person aboard a vessel permitted in the General category on a designated 
RFD, may fish with rod and reel or handline gear for BFT under a catch-
and-release or tag-and-release program. When fishing under a tag-and-
release program, vessel owner/operators should use tags issued or 
approved by NMFS. If a BFT is tagged, the tag information, including 
information on any previously applied tag remaining on the fish, must be 
reported to NMFS. All BFT caught under the catch-and-release or tag-and-
release programs must be returned to the sea immediately with a minimum 
of injury.
    (2) Persons may obtain NMFS-issued conventional tags, reporting 
cards, and detailed instructions for their use from the NMFS Cooperative 
Tagging Center. Persons may use a conventional tag obtained from a 
source other than NMFS to tag BFT, provided the use of such tags is 
registered each year with the Cooperative Tagging Center and the NMFS 
program manager has approved the use of a conventional tag from that 
source. An angler using an alternative source of tags wishing to tag BFT 
may contact the NMFS Cooperative Tagging Center at the Southeast Fishery 
Science Center.
    (3) An angler registering for the HMS tagging program is required to 
provide his or her name, address, phone number and, if applicable, the 
identity of the alternate source of tags.
    (b) Billfish. NMFS is encouraging further catch and release of 
Atlantic billfish by establishing a recreational catch-and-release 
fishery management program, consistent with the guidance of Sec. 
600.350(c).
    (c) Sharks. Notwithstanding the other provisions of this part, a 
person may fish for white sharks (Carcharodon carcharias) with rod and 
reel, provided the person releases such fish to the sea immediately with 
a minimum of injury, and that such fish may not be removed from the 
water.

[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 70 
FR 10900, Mar. 7, 2005]



Sec. 635.27  Quotas.

    (a) BFT. Consistent with ICCAT recommendations, and with paragraph 
(a)(10)(iv) of this section, NMFS may subtract the most recent, 
complete, and available estimate of dead discards from the annual U.S. 
BFT quota, and make the remainder available to be retained, possessed, 
or landed by persons and vessels subject to U.S. jurisdiction. The 
remaining baseline annual U.S. BFT quota will be allocated among the 
General, Angling, Harpoon, Purse Seine, Longline, Trap, and Reserve 
categories. BFT may be taken by persons aboard vessels issued Atlantic 
Tunas permits, HMS Angling permits, or HMS Charter/Headboat permits. The 
baseline annual U.S. BFT quota is 1,009.9 mt, not including an 
additional annual 25 mt allocation provided in paragraph (a)(3) of this 
section. Allocations of the baseline annual U.S. BFT quota are: General 
- 47.1 percent (475.7 mt); Angling - 19.7 percent (199.0 mt), which 
includes the school BFT held in reserve as described under paragraph 
(a)(7)(ii) of this section; Harpoon - 3.9 percent (39.4 mt); Purse Seine 
- 18.6 percent (187.8 mt); Longline - 8.1 percent (81.8

[[Page 343]]

mt), which does not include the additional annual 25 mt allocation 
provided in paragraph (a)(3) of this section; and Trap - 0.1 percent 
(1.0 mt). The remaining 2.5 percent (25.2 mt) of the baseline annual 
U.S. BFT quota will be held in reserve for inseason or annual 
adjustments based on the criteria in paragraph (a)(8) of this section. 
NMFS may apportion a quota allocated to any category to specified 
fishing periods or to geographic areas and will make annual adjustments 
to quotas, as specified in paragraph (a)(10) of this section. BFT quotas 
are specified in whole weight.
    (1) General category quota. In accordance with the framework 
procedures of the HMS FMP, NMFS will publish in the Federal Register, 
prior to the beginning of each fishing year or as early as feasible, the 
General category effort control schedule, including daily retention 
limits and restricted-fishing days.
    (i) Catches from vessels for which General category Atlantic Tunas 
permits have been issued and certain catches from vessels for which an 
HMS Charter/Headboat permit has been issued are counted against the 
General category quota in accordance with Sec. 635.23(c)(3). The amount 
of large medium and giant BFT that may be caught, retained, possessed, 
landed, or sold under the General category quota is 47.1 percent (475.7 
mt) of the baseline annual U.S. BFT quota, and is apportioned as 
follows:
    (A) January 1 through January 31 - 5.3 percent (25.2 mt);
    (B) June 1 through August 31 - 50 percent (237.8 mt);
    (C) September 1 through September 30 - 26.5 percent (126.1 mt);
    (D) October 1 through November 30 - 13 percent (61.8 mt); and
    (E) December 1 through December 31 - 5.2 percent (24.7 mt).
    (ii) NMFS will adjust each period's apportionment based on 
overharvest or underharvest in the prior period.
    (iii) When the coastwide General category fishery has been closed in 
any quota period specified under paragraph (a)(1)(i) of this section, 
NMFS will publish a closure action as specified in Sec. 635.28. The 
subsequent time-period subquota will automatically open in accordance 
with the dates specified under paragraph (a)(1)(i) of this section.
    (2) Angling category quota. In accordance with the framework 
procedures of the HMS FMP, prior to each fishing year or as early as 
feasible, NMFS will establish the Angling category daily retention 
limits. The total amount of BFT that may be caught, retained, possessed, 
and landed by anglers aboard vessels for which an HMS Angling permit or 
an HMS Charter/Headboat permit has been issued is 19.7 percent (199.0 
mt) of the baseline annual U.S. BFT quota. No more than 2.3 percent (4.6 
mt) of the annual Angling category quota may be large medium or giant 
BFT. In addition, over each 2-consecutive-year period (starting in 2009, 
inclusive), no more than 10 percent of the annual U.S. BFT quota, 
inclusive of the allocation specified in paragraph (a)(3) of this 
section, may be school BFT. The Angling category quota includes the 
amount of school BFT held in reserve under paragraph (a)(7)(ii) of this 
section. The size class subquotas for BFT are further subdivided as 
follows:
    (i) After adjustment for the school BFT quota held in reserve (under 
paragraph (a)(7)(ii) of this section), 52.8 percent (44.5 mt) of the 
school BFT Angling category quota may be caught, retained, possessed, or 
landed south of 39[deg]18[min] N. lat. The remaining school BFT Angling 
category quota (39.8 mt) may be caught, retained, possessed or landed 
north of 39[deg]18[min] N. lat.
    (ii) An amount equal to 52.8 percent (48 mt) of the large school/
small medium BFT Angling category quota may be caught, retained, 
possessed, or landed south of 39[deg]18[min] N. lat. The remaining large 
school/small medium BFT Angling category quota (42.9 mt) may be caught, 
retained, possessed or landed north of 39[deg]18[min] N. lat.
    (iii) An amount equal to 66.7 percent (3.1 mt) of the large medium 
and giant BFT Angling category quota may be caught, retained, possessed, 
or landed south of 39[deg]18[min] N. lat. The remaining large medium and 
giant BFT Angling category quota (1.5 mt) may be caught, retained, 
possessed or landed north of 39[deg]18[min] N. lat.
    (3) Longline category quota. The total amount of large medium and 
giant

[[Page 344]]

BFT that may be caught incidentally and retained, possessed, or landed 
by vessels that possess Longline category Atlantic Tunas permits is 8.1 
percent (81.8 mt) of the baseline annual U.S. BFT quota. No more than 
60.0 percent (49.1 mt) of the Longline category quota may be allocated 
for landing in the area south of 31[deg]00[min] N. lat. In addition, 25 
mt shall be allocated for incidental catch by pelagic longline vessels 
fishing in the Northeast Distant gear restricted area as specified at 
Sec. 635.23(f)(3).
    (4) Purse Seine category quota. (i) The total amount of large medium 
and giant BFT that may be caught, retained, possessed, or landed by 
vessels that possess Purse Seine category Atlantic Tunas permits is 18.6 
percent (187.8 mt) of the baseline annual U.S. BFT quota. The directed 
purse seine fishery for BFT commences on July 15 of each year unless 
NMFS takes action to delay the season start date. Based on cumulative 
and projected landings in other commercial fishing categories, and the 
potential for gear conflicts on the fishing grounds or market impacts 
due to oversupply, NMFS may delay the BFT purse seine season start date 
from July 15 to no later than August 15 by filing an adjustment with the 
Office of the Federal Register prior to July 1.
    (ii) An owner of a vessel for which a Purse Seine category Atlantic 
Tunas permit has been issued must apply in writing to NMFS at an address 
designated by NMFS, for an allocation of BFT from the Purse Seine 
category quota. The application must be postmarked no later than April 
15 for an allocation of the quota that becomes available on June 1.
    (iii) On or about May 1 of each year, NMFS will make equal 
allocations of the available size classes of BFT among purse seine 
vessel permit holders so requesting, adjusted as necessary to account 
for underharvest or overharvest by each participating vessel or the 
vessel it replaces from the previous fishing year, consistent with 
paragraph (a)(10)(i) of this section. Such allocations are freely 
transferable, in whole or in part, among vessels that have Purse Seine 
category Atlantic Tunas permits. Any purse seine vessel permit holder 
intending to land bluefin tuna under an allocation transferred from 
another purse seine vessel permit holder must provide written notice of 
such intent to NMFS, at an address designated by NMFS, 3 days before 
landing any such bluefin tuna. Such notification must include the 
transfer date, amount (in metric tons) transferred, and the permit 
numbers of vessels involved in the transfer. Trip or seasonal catch 
limits otherwise applicable under Sec. 635.23(e) are not affected by 
transfers of bluefin tuna allocation. Purse seine vessel permit holders 
who, through landing and/or transfer, have no remaining bluefin tuna 
allocation may not use their permitted vessels in any fishery in which 
Atlantic bluefin tuna might be caught, regardless of whether bluefin 
tuna are retained.
    (iv) An owner of a vessel for which a Purse Seine category Atlantic 
Tunas permit has been issued may apply to NMFS to permanently 
consolidate Purse Seine category vessel permits issued under Sec. 
635.4. Upon written approval of consolidation by NMFS, the Purse Seine 
Category Atlantic Tunas Permit of a transferring vessel will be 
canceled, and the receiving owner may apply for allocations of BFT 
commensurate with the number of consolidated permits. An owner of a 
purse seine vessel whose permit is canceled through consolidation may 
not use his or her vessel in any purse seine fishery in which BFT might 
be caught.
    (5) Harpoon category quota. The total amount of large medium and 
giant BFT that may be caught, retained, possessed, landed, or sold by 
vessels that possess Harpoon category Atlantic Tunas permits is 3.9 
percent (39.4 mt) of the baseline annual U.S. BFT quota. The Harpoon 
category fishery closes on November 15 each year.
    (6) Trap category quota. The total amount of large medium and giant 
BFT that may be caught, retained, possessed, or landed by vessels that 
possess Trap category Atlantic Tunas permits is 0.1 percent (1.0 mt) of 
the baseline annual U.S. BFT quota.
    (7) Reserve. (i) The total amount of BFT that is held in reserve for 
inseason or annual adjustments and fishery-independent research using 
quotas or subquotas is 2.5 percent (25.2 mt) of the

[[Page 345]]

baseline annual U.S. BFT quota. Consistent with paragraph (a)(8) of this 
section, NMFS may allocate any portion of this reserve for inseason or 
annual adjustments to any category quota in the fishery.
    (ii) The total amount of school BFT that is held in reserve for 
inseason or annual adjustments and fishery-independent research is 18.5 
percent (19.1 mt) of the total school BFT Angling category quota as 
described under paragraph (a)(2) of this section. This is in addition to 
the amounts specified in paragraph (a)(7)(i) of this section. Consistent 
with paragraph (a)(8) of this section, NMFS may allocate any portion of 
the school BFT Angling category quota held in reserve for inseason or 
annual adjustments to the Angling category.
    (8) Determination criteria. NMFS will file with the Office of the 
Federal Register for publication notification of any inseason or annual 
adjustments. Before making any adjustment, NMFS will consider the 
following criteria and other relevant factors:
    (i) The usefulness of information obtained from catches in the 
particular category for biological sampling and monitoring of the status 
of the stock.
    (ii) The catches of the particular category quota to date and the 
likelihood of closure of that segment of the fishery if no adjustment is 
made.
    (iii) The projected ability of the vessels fishing under the 
particular category quota to harvest the additional amount of BFT before 
the end of the fishing year.
    (iv) The estimated amounts by which quotas for other gear categories 
of the fishery might be exceeded.
    (v) Effects of the adjustment on BFT rebuilding and overfishing.
    (vi) Effects of the adjustment on accomplishing the objectives of 
the fishery management plan.
    (vii) Variations in seasonal distribution, abundance, or migration 
patterns of BFT.
    (viii) Effects of catch rates in one area precluding vessels in 
another area from having a reasonable opportunity to harvest a portion 
of the category's quota.
    (ix) Review of dealer reports, daily landing trends, and the 
availability of the BFT on the fishing grounds.
    (9) Inseason adjustments. Within a fishing year, NMFS may transfer 
quotas among categories or, as appropriate, subcategories, based on the 
criteria in paragraph (a)(8) of this section. NMFS may transfer inseason 
any portion of the remaining quota of a fishing category to any other 
fishing category or to the reserve as specified in paragraph (a)(7) of 
this section.
    (10) Annual adjustments. (i) If NMFS determines, based on landings 
statistics and other available information, that a BFT quota for any 
category or, as appropriate, subcategory has been exceeded or has not 
been reached, with the exception of the Purse Seine category, NMFS shall 
subtract the overharvest from, or add the underharvest to, that quota 
category for the following fishing year. These adjustments would be made 
provided that the underharvest being carried forward does not exceed 100 
percent of each category's baseline allocation specified in paragraph 
(a) of this section, and the total of the adjusted category quotas and 
the reserve are consistent with ICCAT recommendations. For the Purse 
Seine category, if NMFS determines, based on landings statistics and 
other available information, that a purse seine vessel's allocation, as 
adjusted, has been exceeded or has not been reached, NMFS shall subtract 
the overharvest from, or add the underharvest to, that vessel's 
allocation for the following fishing year. Purse seine vessel 
adjustments would take place provided that the underharvest being 
carried forward does not exceed 100 percent of the purse seine category 
baseline allocation. Any of the unharvested quota amounts being carried 
forward, as described in this paragraph, that exceed the 100 percent 
limit will be transferred to the reserve, or another domestic quota 
category provided the transfers are consistent with paragraph (a)(8) of 
this section.
    (ii) NMFS may allocate any quota remaining in the reserve at the end 
of a fishing year to any fishing category, provided such allocation is 
consistent with the criteria specified in paragraph (a)(8) of this 
section.

[[Page 346]]

    (iii) Regardless of the estimated landings in any year, NMFS may 
adjust the annual school BFT quota to ensure that the average take of 
school BFT over each 2-consecutive-year period beginning in the 2009 
fishing year does not exceed 10 percent by weight of the total annual 
U.S. BFT quota, inclusive of the allocation specified in paragraph 
(a)(3) of this section, for that period.
    (iv) NMFS may subtract the best available estimate of dead discards 
from the amount of BFT that can be landed in the subsequent fishing year 
by those categories accounting for the dead discards.
    (v) NMFS will file any annual adjustment with the Office of the 
Federal Register for publication and specify the basis for any quota 
reductions or increases made pursuant to this paragraph (a)(10).
    (b) Sharks--(1) Commercial quotas. The commercial quotas for sharks 
specified in paragraphs (b)(1)(i) through (b)(1)(vi) of this section 
apply to all sharks harvested from the management unit, regardless of 
where harvested. Sharks taken and landed from state waters, even by 
fishermen without Federal shark permits, must be counted against the 
fishery quota. Commercial quotas are specified for each of the 
management groups of sandbar sharks, non-sandbar LCS, SCS, blue sharks, 
porbeagle sharks, and pelagic sharks other than blue or porbeagle 
sharks. Any sharks landed as unclassified will be counted against the 
appropriate species' quota based on the species composition calculated 
from data collected by observers on non-research trips and/or dealer 
data. No prohibited sharks, including parts or pieces of prohibited 
sharks, which are listed under heading D of Table 1 of Appendix A to 
this part, may be retained except as authorized under Sec. 635.32.
    (i) Fishing seasons. The fishing season for sandbar sharks, non-
sandbar LCS, small coastal sharks, and all pelagic sharks will begin on 
January 1 and end on December 31.
    (ii) Regions. (A) The commercial quotas for non-sandbar LCS are 
split between two regions: the Gulf of Mexico and the Atlantic. For the 
purposes of this section, the boundary between the Gulf of Mexico region 
and the Atlantic region is defined as a line beginning on the east coast 
of Florida at the mainland at 25[deg]20.4[min] N. lat, proceeding due 
east. Any water and land to the south and west of that boundary is 
considered, for the purposes of quota monitoring and setting of quotas, 
to be within the Gulf of Mexico region. Any water and land to the north 
and east of that boundary, for the purposes of quota monitoring and 
setting of quotas, is considered to be within the Atlantic region.
    (B) Except for non-sandbar LCS landed by a vessels issued a valid 
shark research permit with a NMFS-approved observer onboard, any non-
sandbar LCS reported by dealers located in the Florida Keys areas or in 
the Gulf of Mexico will be counted against the non-sandbar LCS Gulf of 
Mexico regional quota. Except for non-sandbar LCS landed by a vessels 
issued a valid shark research permit with a NMFS-approved observer 
onboard, any non-sandbar LCS reported by dealers located in the Atlantic 
region will be counted against the non-sandbar LCS Atlantic regional 
quota. Non-sandbar LCS landed by a vessel issued a valid shark research 
permit with a NMFS-approved observer onboard will be counted against the 
non-sandbar LCS research fishery quota using scientific observer 
reports.
    (iii) Sandbar sharks. The base annual commercial quota for sandbar 
sharks is 116.6 mt dw. However, from July 24, 2008 through December 31, 
2012, to account for overharvests that occurred in 2007, the adjusted 
base quota is 87.9 mt dw. Both the base quota and the adjusted base 
quota may be further adjusted per paragraph (b)(1)(vii) of this section. 
This quota is available only to the owners of commercial shark vessels 
that have been issued a valid shark research permit and that have a 
NMFS-approved observer onboard.
    (iv) Non-sandbar LCS. The total base quota for non-sandbar LCS is 
677.8 mt dw. This base quota is split between the two regions and the 
shark research fishery as follows: Gulf of Mexico = 439.5 mt dw; 
Atlantic = 188.3 mt dw; and Shark Research Fishery = 50 mt dw. However, 
from July 24, 2008 through

[[Page 347]]

December 31, 2012, to account for overharvests that occurred in 2007, 
the total adjusted base quota is 615.8 mt dw. This adjusted base quota 
is split between the regions and the shark research fishery as follows: 
Gulf of Mexico = 390.5 mt dw; Atlantic = 187.8 mt dw; and Shark Research 
Fishery = 37.5 mt dw. Both the base quota and the adjusted base quota 
may be further adjusted per paragraph (b)(1)(vii) of this section.
    (v) Small coastal sharks. The base annual commercial quota for small 
coastal sharks is 454 mt dw, unless adjusted pursuant to paragraph 
(b)(1)(vii) of this section.
    (vi) Pelagic sharks. The base annual commercial quotas for pelagic 
sharks are 273 mt dw for blue sharks, 1.7 mt dw for porbeagle sharks, 
and 488 mt dw for pelagic sharks other than blue sharks or porbeagle 
sharks, unless adjusted pursuant to paragraph (b)(1)(vii) of this 
section.
    (vii) Annual adjustments. NMFS will publish in the Federal Register 
any annual adjustments to the base annual commercial quotas or the 2008 
through 2012 adjusted base quotas. The base annual quota and the 
adjusted base annual quota will not be available, and the fishery will 
not open, until such adjustments are published and effective in the 
Federal Register.
    (A) Overharvests. If the available quota for sandbar sharks, small 
coastal, porbeagle shark, and pelagic sharks other than blue or 
porbeagle sharks is exceeded in any fishing season, NMFS will deduct an 
amount equivalent to the overharvest(s) from the following fishing 
season or, depending on the level of overharvest(s), NMFS may deduct an 
amount equivalent to the overharvest(s) spread over a number of 
subsequent fishing seasons to a maximum of five years. If the annual 
quota in a particular region or in the research fishery for non-sandbar 
LCS is exceeded in any fishing season, NMFS will deduct an amount 
equivalent to the overharvest(s) from the following fishing season or, 
depending on the level of overharvest(s), NMFS may deduct an amount 
equivalent to the overharvest(s) spread over a number of subsequent 
fishing seasons to a maximum of five years, in the specific region or 
research fishery where the overharvest occurred. If the blue shark quota 
is exceeded, NMFS will reduce the annual commercial quota for pelagic 
sharks by the amount that the blue shark quota is exceeded prior to the 
start of the next fishing season or, depending on the level of 
overharvest(s), deduct an amount equivalent to the overharvest(s) spread 
over a number of subsequent fishing seasons to a maximum of five years.
    (B) Underharvests. If an annual quota for sandbar sharks, SCS, blue 
sharks, porbeagle sharks, or pelagic sharks other than blue or porbeagle 
is not exceeded, NMFS may adjust the annual quota depending on the 
status of the stock or quota group. If the annual quota for non-sandbar 
LCS is not exceeded in either region or in the research fishery, NMFS 
may adjust the annual quota for that region or the research fishery 
depending on the status of the stock or quota group. If the stock (e.g., 
sandbar shark, porbeagle shark, pelagic shark, or blue shark) or 
specific species within a quota group (e.g., non-sandbar LCS or SCS) is 
declared to be overfished, to have overfishing occurring, or to have an 
unknown status, NMFS will not adjust the following fishing year's quota 
for any underharvest, and the following fishing year's quota will be 
equal to the base annual quota (or the adjusted base quota for sandbar 
and non-sandbar LCS until December 31, 2012). If the stock is not 
declared to be overfished, to have overfishing occurring, or to have an 
unknown status, NMFS may increase the following year's base annual quota 
(or the adjusted base quota for sandbar and non-sandbar LCS until 
December 31, 2012) by an equivalent amount of the underharvest up to 50 
percent above the base annual quota. For the non-sandbar LCS fishery, 
underharvests are not transferable between regions and/or the research 
fishery.
    (2) Public display and non-specific research quota. The base annual 
quota for persons who collect non-sandbar LCS, SCS, pelagic sharks, blue 
sharks, porbeagle sharks, or prohibited species under a display permit 
or EFP is 57.2 mt ww (41.2 mt dw). The base annual quota for persons who 
collect sandbar

[[Page 348]]

sharks under a display permit is 1.4 mt ww (1 mt dw) and under an EFP is 
1.4 mt ww (1 mt dw). No persons may collect dusky sharks under a display 
permit or EFP. All sharks collected under the authority of a display 
permit or EFP, subject to restrictions at Sec. 635.32, will be counted 
against these quotas.
    (c) Swordfish--(1) Categories. Consistent with ICCAT 
recommendations, the fishing year's total amount of swordfish that may 
be caught, retained, possessed, or landed by persons and vessels subject 
to U.S. jurisdiction is divided into quotas for the North Atlantic 
swordfish stock and the South Atlantic swordfish stock. The quota for 
the North Atlantic swordfish stock is further divided into equal semi-
annual directed fishery quotas, an annual incidental catch quota for 
fishermen targeting other species or taking swordfish recreationally, 
and a reserve category.
    (i) North Atlantic swordfish. (A) A swordfish from the North 
Atlantic stock caught prior to the directed fishery closure by a vessel 
for which a directed fishery permit, or a handgear permit for swordfish, 
has been issued or is required to be issued is counted against the 
directed fishery quota. The annual fishery quota, not adjusted for over- 
or underharvests, is 2,937.6 mt dw for each fishing year. After December 
31, 2007, the annual quota is subdivided into two equal semi-annual 
quotas of 1,468.8 mt dw: one for January 1 through June 30, and the 
other for July 1 through December 31.
    (B) A swordfish from the North Atlantic swordfish stock landed by a 
vessel for which an incidental catch permit for swordfish or an HMS 
Angling or Charter/Headboat permit has been issued, or caught after the 
effective date of a closure of the directed fishery from a vessel for 
which a directed fishery permit or a handgear permit for swordfish has 
been issued, is counted against the incidental catch quota.
    (C) All swordfish discarded dead from U.S. fishing vessels, 
regardless of whether such vessels are permitted under this part, shall 
be counted against the annual directed fishing quota.
    (D) A portion of the total allowable catch of North Atlantic 
swordfish may be held in reserve for inseason adjustments to fishing 
categories, to compensate for projected or actual overharvest in any 
category, for fishery independent research, for transfer to another 
ICCAT contracting party, or for other purposes consistent with 
management objectives.
    (E) In the event of an overharvest of South Atlantic swordfish, up 
to 150.4 mt dw of swordfish landed between 5 degrees North and 5 degrees 
South latitude may be applied against the North Atlantic swordfish 
quota. Otherwise, swordfish landed from this area shall be applied 
against the South Atlantic swordfish quota. For example, if the South 
Atlantic swordfish quota were 100 mt dw, and 50 mt dw were landed 
between 5 degrees North and 5 degrees South latitude, and 75 mt dw were 
caught south of 5 degrees South latitude, then 25 mt dw of the swordfish 
caught between 5 degrees North and 5 degrees South latitude would be 
applied against the North Atlantic swordfish quota. If only 25 mt dw of 
swordfish were caught between 5 degrees North and 5 degrees South 
latitude, and 150 mt dw of swordfish were caught south of 5 degrees 
South latitude, 25 mt dw would be applied against the North Atlantic 
swordfish quota. The remaining 50 mt dw overharvest would be counted 
against the following year's South Atlantic swordfish quota.
    (ii) South Atlantic Swordfish. The annual directed fishery quota for 
the South Atlantic swordfish stock is 75.2 mt dw. After December 31, 
2007, the annual quota is subdivided into two equal semi-annual quotas 
of 37.6 mt dw: one for January 1 through June 30, and the other for July 
1 through December 31. The entire quota for the South Atlantic swordfish 
stock is reserved for vessels with pelagic longline gear onboard and 
that have been issued a directed fishery permit for swordfish. No person 
may retain swordfish caught incidental to other fishing activities or 
with other fishing gear in the Atlantic Ocean south of 5 degrees North 
latitude.
    (2) Inseason adjustments. (i) NMFS may adjust the July 1 through 
December 31 semiannual directed fishery quota or, as applicable, the 
reserve category, to reflect actual directed fishery and incidental 
fishing category catches

[[Page 349]]

during the January 1 through June 30 semiannual period.
    (ii) If NMFS determines that the annual incidental catch quota will 
not be taken before the end of the fishing year, the excess quota may be 
allocated to the directed fishery quota or to the reserve.
    (iii) If NMFS determines that it is necessary to close the directed 
swordfish fishery prior to the scheduled end of a semi-annual fishing 
season, any estimated overharvest or underharvest of the directed 
fishery quota for that semi-annual season will be used to adjust the 
annual incidental catch quota or the reserve as necessary to maintain 
landings and discards within the required annual limits.
    (iv) NMFS will file with the Office of the Federal Register for 
publication any inseason swordfish quota adjustment and its 
apportionment to fishing categories or to the reserve made under 
paragraph (c)(2) of this section.
    (3) Annual adjustments. (i) Except for the carryover provisions of 
paragraphs (c)(3)(ii) and (iii) of this section, NMFS will file with the 
Office of the Federal Register for publication notification of any 
adjustment to the annual quota necessary to meet the objectives of the 
Consolidated Highly Migratory Species Fishery Management Plan.
    (ii) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota will be subtracted from, or added to, the 
following year(s quota for that area. As necessary to meet management 
objectives, such carryover adjustments may be apportioned to fishing 
categories and/or to the reserve. Carryover adjustments for the North 
Atlantic shall be limited to 50 percent of the baseline quota allocation 
for that year. Carryover adjustments for the South Atlantic shall be 
limited to 100 mt ww (75.2 mt dw) for that year. Any adjustments to the 
12-month directed fishery quota will be apportioned equally between the 
two semiannual fishing seasons. NMFS will file with the Office of the 
Federal Register for publication any adjustment or apportionment made 
under this paragraph.
    (iii) The dressed weight equivalent of the amount by which dead 
discards exceed the allowance specified at paragraph (c)(1)(i)(C) of 
this section will be subtracted from the landings quota in the following 
fishing year or from the reserve category. NMFS will file with the 
Office of the Federal Register for publication any adjustment made under 
this paragraph (c)(3)(iii).
    (d) Atlantic blue and white marlin. (1) Effective January 1, 2007, 
and consistent with ICCAT recommendations and domestic management 
objectives, NMFS will establish the annual landings limit of Atlantic 
blue and white marlin to be taken, retained, or possessed by persons and 
vessels subject to U.S. jurisdiction. For the year 2007 and thereafter, 
unless adjusted under paragraph (d)(2) of this section or by ICCAT 
recommendation, this annual landings limit is 250 Atlantic blue and 
white marlin, combined. Should the U.S. recreational Atlantic marlin 
landing limit be adjusted by an ICCAT recommendation, NMFS will file a 
notice identifying the new landing limit with the Office of the Federal 
Register for publication prior to the start of the next fishing year or 
as early as possible.
    (2) Consistent with ICCAT recommendations and domestic management 
objectives, and based on landings statistics and other information as 
appropriate, if NMFS determines that aggregate landings of Atlantic blue 
and white marlin exceeded the annual landings limit for a given fishing 
year, as established in paragraph (d)(1) of this section, NMFS will 
subtract any overharvest from the landings limit for the following 
fishing year. Additionally, if NMFS determines that aggregate landings 
of Atlantic blue and white marlin were below the annual landings limit 
for a given fishing year, as established in paragraph (d)(1) of this 
section, NMFS may add any underharvest, or portion thereof, to the 
landings limit for the following fishing year. Such adjustments to the 
annual recreational marlin landings limit, as specified in paragraph 
(d)(1) of this section, if necessary, will be filed with the Office of 
the Federal Register for publication prior to the start of the next 
fishing year or as early as possible.

[[Page 350]]

    (3) When the annual marlin landings limit specified in paragraph 
(d)(1) or, if adjusted, as specified in paragraph (d)(2) of this section 
is reached or projected to be reached, based upon a review of landings, 
the period of time remaining in the current fishing year, current and 
historical landings trends, and any other relevant factors, NMFS will 
file for publication with the Office of the Federal Register an action 
restricting fishing for Atlantic blue and white marlin to catch-and-
release fishing only. In no case shall such adjustment be effective less 
than 14 calendar days after the date of publication. From the effective 
date and time of such action until additional landings become available, 
no blue or white marlin from the management unit may be taken, retained, 
or possessed.

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.27, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 635.28  Closures.

    (a) BFT. (1) When a BFT quota, other than the Purse Seine category 
quota specified in Sec. 635.27(a)(4), is reached, or is projected to be 
reached, NMFS will file a closure notice with the Office of the Federal 
Register for publication. On and after the effective date and time of 
such action, for the remainder of the fishing year or for a specified 
period as indicated in the notice, fishing for, retaining, possessing, 
or landing BFT under that quota is prohibited until the opening of the 
subsequent quota period or until such date as specified in the notice.
    (2) From the commencement date of the directed BFT purse seine 
fishery, as provided under Sec. 635.27(a)(4)(i), through December 31, 
the owner or operator of a vessel that has been allocated a portion of 
the Purse Seine category quota under Sec. 635.27(a)(4) may fish for 
BFT. Such vessel may be used to fish for yellowfin, bigeye, albacore, or 
skipjack tuna at any time, however, landings of BFT taken incidental to 
fisheries targeting other Atlantic tunas or in any fishery in which BFT 
might be caught will be deducted from the individual vessel's quota for 
the following BFT fishing season. Upon reaching its individual vessel 
allocation of BFT, the vessel may not participate in a directed purse 
seine fishery for Atlantic tunas or in any fishery in which BFT might be 
caught for the remainder of the fishing year.
    (3) If NMFS determines that variations in seasonal distribution, 
abundance, or migration patterns of BFT, or the catch rate in one area, 
precludes participants in another area from a reasonable opportunity to 
harvest any allocated domestic category quota, as stated in Sec. 
635.27(a), NMFS may close all or part of the fishery under that 
category. NMFS may reopen the fishery at a later date if NMFS determines 
that reasonable fishing opportunities are available, e.g., BFT have 
migrated into the area or weather is conducive for fishing. In 
determining the need for any such interim closure or area closure, NMFS 
will also take into consideration the criteria specified in Sec. 
635.27(a)(8).
    (b) Sharks. (1) If quota is available as specified by a publication 
in the Federal Register, the commercial fisheries for sandbar shark, 
non-sandbar LCS, SCS, porbeagle sharks, blue sharks, and pelagic sharks 
other than blue or porbeagle sharks will remain open as specified at 
Sec. 635.27(b)(1).
    (2) When NMFS calculates that the fishing season landings for 
sandbar shark, non-sandbar LCS, SCS, blue sharks, porbeagle sharks, or 
pelagic sharks other than blue or porbeagle sharks has reached or is 
projected to reach 80 percent of the available quota as specified in 
Sec. 635.27(b)(1), NMFS will file for publication with the Office of 
the Federal Register a notice of closure for that shark species group 
and/or region that will be effective no fewer than 5 days from date of 
filing. From the effective date and time of the closure until NMFS 
announces, via a notice in the Federal Register, that additional quota 
is available and the season is reopened, the fishery for the shark 
species group and, for non-sandbar LCS, region is closed, even across 
fishing years.
    (3) When the fishery for a shark species group and/or region is 
closed, a fishing vessel, issued an Atlantic Shark

[[Page 351]]

LAP pursuant to Sec. 635.4, may not possess or sell a shark of that 
species group and/or region, except under the conditions specified in 
Sec. 635.22(a) and (c) or if the vessel possesses a valid shark 
research permit under Sec. 635.32 and an NMFS-approved observer is 
onboard. A shark dealer, issued a permit pursuant to Sec. 635.4, may 
not purchase or receive a shark of that species group and/or region from 
a vessel issued an Atlantic Shark LAP, except that a permitted shark 
dealer or processor may possess sharks that were harvested, off-loaded, 
and sold, traded, or bartered, prior to the effective date of the 
closure and were held in storage. Additionally, a permitted shark dealer 
or processor may possess non-sandbar sharks that were harvested by a 
vessel issued a valid shark research permit with a NMFS-approved 
observer onboard as long as the non-sandbar shark research fishery is 
open. Under a closure for a shark species group, a shark dealer, issued 
a permit pursuant to Sec. 635.4 may, in accordance with state 
regulations, purchase or receive a shark of that species group if the 
sharks were harvested, off-loaded, and sold, traded, or bartered from a 
vessel that fishes only in state waters and that has not been issued a 
Shark LAP, HMS Angling permit, or HMS Charter/Headboat permit pursuant 
to Sec. 635.4. Additionally, under a closure for a shark species group 
and/or regional closure, a shark dealer, issued a permit pursuant, to 
Sec. 635.4 may purchase or receive a shark of that species group if the 
sharks were harvested, off-loaded, and sold, traded, or bartered from a 
vessel issued a valid shark research permit (per Sec. 635.32) that had 
a NMFS-approved observer on board during the trip sharks were collected.
    (c) Swordfish--(1) Directed fishery closure. When the annual or 
semiannual directed fishery quota specified in Sec. 635.27(c)(1)(i) or 
(ii) is reached, or is projected to be reached, NMFS will file with the 
Office of the Federal Register for publication notification of closure 
at least 14 days before the effective date. From the effective date and 
time of the closure until additional directed fishery quota becomes 
available, the directed fishery for the appropriate stock is closed and 
the following catch limits apply:
    (i) When the directed fishery for the North Atlantic swordfish stock 
is closed,
    (A) No more than 15 swordfish per trip may be possessed in or from 
the Atlantic Ocean north of 5 N. lat. or landed in an Atlantic coastal 
state on a vessel using or having on board a pelagic longline. However, 
North Atlantic swordfish legally taken prior to the effective date of 
the closure may be possessed in the Atlantic Ocean north of 5 N. lat. or 
landed in an Atlantic coastal state on a vessel with a pelagic longline 
on board, provided the harvesting vessel does no fishing after the 
closure in the Atlantic Ocean north of 5 N. lat., and reports positions 
with a vessel monitoring system, as specified in Sec. 635.69. 
Additionally, legally taken swordfish from the South Atlantic swordfish 
stock may be possessed or landed north of 5 N. lat. provided the 
harvesting vessel does no fishing on that trip north of 5 N. lat., and 
reports positions with a vessel monitoring system as specified in Sec. 
635.69. NMFS may adjust the incidental catch retention limit by filing 
with the Office of the Federal Register for publication notification of 
the change at least 14 days before the effective date. Changes in the 
incidental catch limits will be based upon the length of the directed 
fishery closure and the estimated rate of catch by vessels fishing under 
the incidental catch quota.
    (B) No more than 2 swordfish per trip may be possessed in or from 
the Atlantic Ocean north of 5[deg] N. lat. or landed in an Atlantic 
coastal state on a vessel that has been issued a handgear permit under 
Sec. 635.4(f)(1) provided that such swordfish were not taken with a 
harpoon.
    (ii) When the directed fishery for the South Atlantic swordfish 
stock is closed, swordfish from that stock taken incidental to fishing 
for other species may not be retained.
    (2) Incidental catch closure. When the annual incidental catch quota 
specified in Sec. 635.27(c)(1)(i) is reached, or is projected to be 
reached, NMFS will file with the Office of the Federal Register for 
publication notification of closure. From the effective date and time of 
such notification until additional incidental catch quota becomes 
available,

[[Page 352]]

no swordfish may be landed in an Atlantic coastal state, or be possessed 
or sold in or from the Atlantic Ocean north of 5[deg] N. lat. unless the 
directed fishery is open and the appropriate permits have been issued to 
the vessel. In the event of a directed and incidental North Atlantic 
swordfish category closure, South Atlantic swordfish may be possessed in 
the Atlantic Ocean north of 5[deg] N. lat. and/or landed in an Atlantic 
coastal state on a vessel with longline gear onboard, provided that the 
harvesting vessel does not fish on that trip in the Atlantic Ocean north 
of 5[deg] N. lat., the fish were taken legally from waters of the 
Atlantic Ocean south of 5[deg] N. lat., and the harvesting vessel 
reports positions with a vessel monitoring system as specified in Sec. 
635.69.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 66 
FR 67121, Dec. 28, 2001; 67 FR 77438, Dec. 18, 2002; 68 FR 63741, Nov. 
10, 2003; 68 FR 74511, 74786, Dec. 24, 2003; 71 FR 58172, Oct. 2, 2006; 
72 FR 56933, Oct. 5, 2007; 73 FR 40710, July 15, 2008]



Sec. 635.29  Transfer at sea.

    (a) Persons may not transfer an Atlantic tuna, blue marlin, white 
marlin, or swordfish at sea in the Atlantic Ocean, regardless of where 
the fish was harvested. However, an owner or operator of a vessel for 
which a Purse Seine category Atlantic Tunas permit has been issued under 
Sec. 635.4 may transfer large medium and giant BFT at sea from the net 
of the catching vessel to another vessel for which a Purse Seine 
category Atlantic Tunas permit has been issued, provided the amount 
transferred does not cause the receiving vessel to exceed its currently 
authorized vessel allocation, including incidental catch limits.
    (b) Persons may not transfer a shark or a sailfish at sea shoreward 
of the outer boundary of the EEZ, regardless of where the shark was 
harvested, and persons may not transfer at sea a shark or a sailfish 
taken shoreward of the outer boundary of the EEZ, regardless of where 
the transfer takes place.



Sec. 635.30  Possession at sea and landing.

    (a) Atlantic tunas. Persons that own or operate a fishing vessel 
that possesses an Atlantic tuna in the Atlantic Ocean or that lands an 
Atlantic tuna in an Atlantic coastal port must maintain such Atlantic 
tuna through offloading either in round form or eviscerated with the 
head and fins removed, provided one pectoral fin and the tail remain 
attached.
    (b) Billfish. Any person that possesses a blue marlin or a white 
marlin taken from its management unit or a sailfish taken shoreward of 
the outer boundary of the EEZ or lands a blue marlin or a white marlin 
in an Atlantic coastal port must maintain such billfish with its head, 
fins, and bill intact through offloading. Persons may eviscerate such 
billfish, but it must otherwise be maintained whole.
    (c) Shark. (1) Notwithstanding the regulations issued at part 600, 
subpart N of this chapter, a person who owns or operates a vessel issued 
a Federal Atlantic commercial shark LAP must maintain all the shark fins 
including the tail on the shark carcass until the shark has been 
offloaded from the vessel. While sharks are on board and when sharks are 
being offloaded, persons issued a Federal Atlantic commercial shark LAP 
are subject to the regulations at part 600, subpart N, of this chapter.
    (2) A person who owns or operates a vessel that has a valid Federal 
Atlantic commercial shark LAP must maintain the shark intact through 
offloading except that the shark may be dressed. All fins, including the 
tail, must remain naturally attached to the shark through offloading. 
While on the vessel, fins may be sliced so that the fin can be folded 
along the carcass for storage purposes as long as the fin remains 
naturally attached to the carcass via at least a small portion of uncut 
skin. The fins and tail may only be removed from the carcass once the 
shark has been landed and offloaded.
    (3) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark LAP and who lands sharks in an 
Atlantic coastal port must have all fins and carcasses weighed and 
recorded on the weighout slips specified in Sec. 635.5(a)(2) and in 
accordance with regulations at part 600, subpart N, of this chapter. 
Persons may

[[Page 353]]

not possess any shark fins not naturally attached to a shark carcass on 
board a fishing vessel at any time.
    (4) Persons aboard a vessel that does not have a commercial permit 
for shark must maintain a shark in or from the EEZ intact through 
landing with the head, tail, and all fins attached. The shark may be 
bled.
    (d) Swordfish. Persons that own or operate a fishing vessel that 
possesses a swordfish in the Atlantic Ocean or lands a swordfish in an 
Atlantic coastal port must maintain such swordfish in round or dressed 
form through off-loading.

[64 FR 29135, May 28, 1999, as amended at 67 FR 6201, Feb. 11, 2002; 69 
FR 53362, Sept. 1, 2004; 71 FR 58173, Oct. 2, 2006; 73 FR 40711, July 
15, 2008]



Sec. 635.31  Restrictions on sale and purchase.

    (a) Atlantic tunas. (1) A persons that owns or operates a vessel 
from which an Atlantic tuna is landed or offloaded may sell such 
Atlantic tuna only if that vessel has a valid HMS Charter/Headboat 
permit, or a valid General, Harpoon, Longline, Purse Seine, or Trap 
category permit for Atlantic tunas issued under this part. However, no 
person may sell a BFT smaller than the large medium size class. Also, no 
large medium or giant BFT taken by a person aboard a vessel with an 
Atlantic HMS Charter/Headboat permit fishing in the Gulf of Mexico at 
any time, or fishing outside the Gulf of Mexico when the fishery under 
the General category has been closed, may be sold (see Sec. 635.23(c)). 
A persons may sell Atlantic tunas only to a dealer that has a valid 
permit for purchasing Atlantic tunas issued under this part. A person 
may not sell or purchase Atlantic tunas harvested with speargun fishing 
gear.
    (2) Dealers may purchase Atlantic tunas only from a vessel that has 
a valid commercial permit for Atlantic tunas issued under this part in 
the appropriate category.
    (3) Dealers or seafood processors may not purchase or sell a BFT 
smaller than the large medium size class unless it is lawfully imported 
and is accompanied by a bluefin tuna statistical document, as specified 
in Sec. 300.185(a) of this title.
    (4) A BFT in the possession of a dealer or seafood processor is 
deemed to be from the Atlantic Ocean. However, a BFT will not be deemed 
to be from the Atlantic Ocean if--
    (i) It was landed in a Pacific state and remains in the state of 
landing, or
    (ii) It is accompanied by a bluefin tuna statistical document, as 
specified in Sec. 300.185(a) of this title.
    (b) Billfish. (1) Persons may not sell or purchase a billfish taken 
from its management unit.
    (2) A billfish or a closely related species, namely, black marlin, 
Makaira indica, striped marlin, Tetrapturus audax, or shortbill 
spearfish, Tetrapturus angustirostris, or a part thereof, in the 
possession of a dealer or seafood processor is considered, for purposes 
of this part, to be a billfish from the Atlantic Ocean management unit. 
However, a billfish or a closely related species will not be considered 
to be from the Atlantic Ocean management unit if-
    (i) It was landed in a Pacific state and remains in the state of 
landing, or
    (ii) It is accompanied by a Billfish Certificate of Eligibility 
(COE) form, obtained from NMFS, or its equivalent that documents that 
the fish was harvested from other than the Atlantic Ocean management 
unit.
    (A) The Billfish COE required under this section must indicate, in 
English, the name and homeport of the harvesting vessel, and the date 
and port of offloading. Only the purchaser of the billfish from the 
harvesting vessel must complete this information.
    (B) The Billfish COE must be signed and dated by each dealer in 
possession of the product throughout the chain of custody up to but not 
including the consumer. This signature indicates a declaration that the 
billfish were not harvested from the management unit.
    (C) A Billfish COE may refer to billfish taken from only one 
harvesting vessel. If a shipment contains billfish taken from more than 
one vessel, a separate billfish COE must accompany the shipment for each 
harvesting vessel.
    (D) A model Billfish COE can be obtained by contacting the Division 
Chief. An equivalent form may be used

[[Page 354]]

provided it contains all of the information required under this section.
    (3) For the purposes of this paragraph, a dealer or seafood 
processor means any individual, other than a consumer, who engages in 
any activity, other than fishing, of industry, trade, or commerce, 
including but not limited to the buying or selling of a regulated 
species or parts thereof and activities conducted for the purpose of 
facilitating such buying and selling.
    (c) Shark. (1) Persons that own or operate a vessel that possesses a 
shark from the management unit may sell such shark only if the vessel 
has a valid commercial shark permit issued under this part. Persons may 
possess and sell a shark only when the fishery for that species group 
and/or region has not been closed, as specified in Sec. 635.28(b).
    (2) Persons that own or operate a vessel for which a valid 
commercial shark permit has been issued and on which a shark from the 
management unit is possessed, may sell such shark only to a dealer that 
has a valid permit for shark issued under this part.
    (3) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found at part 600, subpart N, of 
this chapter and in Sec. 635.30(c).
    (4) Only dealers that have a valid shark dealer permit may purchase 
shark from the owner or operator of a fishing vessel. Dealers may 
purchase a shark only from an owner or operator of a vessel who has a 
valid commercial shark permit issued under this part, except that 
dealers may purchase a shark from an owner or operator of a vessel that 
does not have a commercial permit for shark if that vessel fishes 
exclusively in state waters. Dealers may purchase a sandbar shark only 
from an owner or operator of a vessel who has a valid shark research 
permit and who had a NMFS-approved observer onboard the vessel for the 
trip in which the sandbar shark was collected. Dealers may purchase a 
shark from an owner or operator of fishing vessel that has a permit 
issued under this part only when the fishery for that species group and/
or region has not been closed, as specified in Sec. 635.28(b).
    (5) A dealer issued a permit under this part may not purchase from 
an owner or operator of a fishing vessel shark fins that were not 
harvested in accordance with the regulations found at part 600, subpart 
N, of this chapter and in Sec. 635.30(c).
    (d) Swordfish. (1) Persons that own or operate a vessel on which a 
swordfish in or from the Atlantic Ocean is possessed may sell such 
swordfish only if the vessel has a valid commercial permit for swordfish 
issued under this part. Persons may sell such swordfish only to a dealer 
who has a valid permit for swordfish issued under this part.
    (2) Dealers may purchase a swordfish harvested from the Atlantic 
Ocean only from an owner or operator of a fishing vessel that has a 
valid commercial permit for swordfish issued under this part.

[64 FR 29135, May 28, 1999, as amended at 67 FR 6201, Feb. 11, 2002; 67 
FR 77438, Dec. 18, 2002; 68 FR 715, Jan. 7, 2003; 69 FR 53362, Sept. 1, 
2004; 69 FR 67284, Nov. 17, 2004; 71 FR 58173; Oct. 2, 2006; 73 FR 
40711, July 15, 2008]



Sec. 635.32  Specifically authorized activities.

    (a) General. (1) Consistent with the provisions of Sec. 600.745 of 
this chapter, except as indicated in this section, NMFS may authorize 
activities otherwise prohibited by the regulations contained in this 
part for the conduct of scientific research, the acquisition of 
information and data, the enhancement of safety at sea, the purpose of 
collecting animals for public education or display, the investigation of 
bycatch, economic discard and regulatory discard, or for chartering 
arrangements.
    (2) Activities subject to the provisions of this section include, 
but are not limited to: scientific research resulting in, or likely to 
result in, the take, harvest, or incidental mortality of Atlantic HMS; 
exempted fishing and educational activities; programs under which 
regulated species retained in contravention to otherwise applicable 
regulations may be donated through approved food bank networks; or 
chartering arrangements. Such activities must be authorized in writing 
and are subject to all conditions specified in any letter of 
acknowledgment, EFP,

[[Page 355]]

scientific research permit, display permit, chartering permit, or shark 
research permit issued in response to requests for authorization under 
this section.
    (3) For the purposes of all regulated species covered under this 
part, NMFS has the sole authority to issue permits, authorizations, and 
acknowledgments. If a regulated species landed or retained under the 
authority of this section is subject to a quota, the fish shall be 
counted against the quota category as specified in the written 
authorization.
    (4) Inspection requirements specified in Sec. 635.5(e) apply to the 
owner or operator of a fishing vessel that has been issued an exempted 
fishing permit, scientific research permit, display permit, or 
chartering permit.
    (b) Scientific research activities. For the purposes of all species 
covered under this part regulated under the authority of ATCA, the 
provisions for research plans under Sec. 600.745(a) and reports under 
Sec. 600.745(c)(1) of this chapter are mandatory. In such cases of 
authorized scientific research activities, NMFS shall issue scientific 
research permits. For scientific research activities involving the 
capture of Atlantic sharks, research plans and reports are requested; 
letters of acknowledgment shall be issued by NMFS as indicated under 
Sec. 600.745(a) of this chapter.
    (c) Exempted fishing permits. (1) For activities consistent with the 
purposes of this section and Sec. 600.745(b)(1) of this chapter, other 
than scientific research conducted from a scientific research vessel, 
NMFS may issue exempted fishing permits.
    (2) [Reserved]
    (d) Display permits. (1) For activities consistent with the purposes 
of this section and Sec. 600.745(b)(1) of this chapter, NMFS may issue 
display permits.
    (2) Notwithstanding the provisions of Sec. 600.745 of this chapter 
and other provisions of this part, a valid display permit is required to 
fish for, take, retain, or possess an HMS in or from the Atlantic EEZ 
for the purposes of public display. A valid display permit must be on 
board the harvesting vessel, must be available when the fish is landed, 
must be available when the fish is transported to the display facility, 
and must be presented for inspection upon request of an authorized 
officer. A display permit is valid for the specific time, area, gear, 
and species specified on it. Species landed under a display permit shall 
be counted against the appropriate quota specified in Sec. 635.27 or as 
otherwise provided in the display permit.
    (3) To be eligible for a display permit, a person must provide all 
information concerning his or her identification, numbers by species of 
HMS to be collected, when and where they will be collected, vessel(s) 
and gear to be used, description of the facility where they will be 
displayed, and any other information that may be necessary for the 
issuance or administration of the permit, as requested by NMFS.
    (4) Collectors of HMS for public display must notify the local NMFS 
Office for Law Enforcement at least 24 hours, excluding weekends and 
holidays, prior to departing on a collection trip, regardless of whether 
the fishing activity will occur in or outside the EEZ, as to collection 
plans and location and the number of animals to be collected. In the 
event that a NMFS agent is not available, a message may be left.
    (5) All live HMS collected for public display are required to have 
either a conventional dart tag or a microchip Passive Integrated 
Transponder (PIT) tag applied by the collector at the time of the 
collection. Both types of tags will be supplied by NMFS. Conventional 
dart tags will be issued unless PIT tags are specifically requested in 
the permit application and their use approved by NMFS. Terms and 
conditions of the permit will address requirements associated with the 
use of the tags supplied on a case-by-case basis.
    (e) Chartering permits. (1) For activities consistent with the 
purposes of this section, Sec. 635.5(a), and Sec. 600.745(b)(1) of 
this chapter, NMFS may issue chartering permits for record keeping and 
reporting purposes. An application for a chartering permit must include 
all information required under Sec. 600.745(b)(2) of this chapter and, 
in addition, written notification of: the species of fish covered by the 
chartering arrangement and quota allocated to the Contracting Party of 
which the

[[Page 356]]

chartering foreign entity is a member; duration of the arrangement; 
measures adopted by the chartering Contracting Party of which the 
foreign entity is a member to implement ICCAT chartering provisions; 
copies of fishing licenses, permits, and/or other authorizations issued 
by the chartering Contracting Party of which the foreign entity is a 
member for the vessel to fish under the arrangement; a copy of the High 
Seas Fishing Compliance Act Permit pursuant to 50 CFR 300.10; 
documentation regarding interactions with protected resources; and 
documentation regarding the legal establishment of the chartering 
company. To be considered complete, an application for a chartering 
permit for a vessel must include all information specified in Sec. 
600.745(b)(2) of this chapter and in Sec. 635.32(e) and (f).
    (2) Notwithstanding the provisions of Sec. 600.745 of this chapter 
and other provisions of this part, a valid chartering permit is required 
to fish for, take, retain, or possess ICCAT- regulated species under 
chartering arrangements as specified in Sec. 635.5(a)(6). A valid 
chartering permit must be on board the harvesting vessel, must be 
available when ICCAT-regulated species are landed, and must be presented 
for inspection upon request of an authorized officer. A chartering 
permit is valid for the duration of the chartering arrangement or until 
the expiration date specified on the permit, whichever comes first. 
Vessels issued a chartering permit shall not be authorized to fish under 
applicable Atlantic Highly Migratory Species quotas or entitlements of 
the United States until the chartering permit expires or is terminated.
    (3) Charter permit holders must submit logbooks and comply with 
reporting requirements as specified in Sec. 635.5. NMFS will provide 
specific conditions and requirements in the chartering permit, so as to 
ensure consistency, to the extent possible, with laws of foreign 
countries, the Fishery Management Plan for Atlantic Tunas, Swordfish, 
and Sharks, as well as ICCAT recommendations.
    (4) Observers may be placed on board vessels issued chartering 
permits as specified under Sec. 635.7.
    (5) NMFS will issue a chartering permit only if it determines that 
the chartering arrangement is in conformance with ICCAT's conservation 
and management programs.
    (6) A vessel shall be authorized to fish under only one chartering 
arrangement at a time.
    (7) All chartering permits are subject to sanctions and denials as 
indicated under Sec. 635.4(a)(6).
    (f) Shark research permits. (1) For activities consistent with the 
purposes of this section and Sec. 600.745(b)(1) of this chapter, NMFS 
may issue shark research permits.
    (2) Notwithstanding the provisions of Sec. 600.745 of this chapter 
and other provisions of this part, a valid shark research permit is 
required to fish for, take, retain, or possess Atlantic sharks, 
including sandbar sharks, in excess of the retention limits described in 
Sec. 635.24(a). A valid shark research permit must be on board the 
harvesting vessel, must be available for inspection when the shark is 
landed, and must be presented for inspection upon request of an 
authorized officer. A shark research permit is only valid for the vessel 
and owner(s) combination specified and cannot be transferred to another 
vessel or owner(s). A shark research permit is only valid for the 
retention limits, time, area, gear specified, and other terms and 
conditions as listed on the permit and only when a NMFS-approved 
observer is onboard. Species landed under a shark research permit shall 
be counted against the appropriate quota specified in Sec. 635.27 or as 
otherwise provided in the shark research permit.
    (3) Regardless of the number of applicants, NMFS will issue only a 
limited number of shark research permits depending on available quotas 
as described in Sec. 635.27, research needs for stock assessments and 
other scientific purposes, and the number of sharks expected to be 
harvested by vessels issued LAPs for sharks.
    (4) In addition to the workshops required under Sec. 635.8, persons 
issued a shark research permit, and/or operators of vessels specified on 
the shark

[[Page 357]]

research permit, may be required to attend other workshops (e.g., shark 
identification workshops, captain's meeting, etc.) as deemed necessary 
by NMFS to ensure the collection of high quality data.
    (5) Issuance of a shark research permit does not guarantee the 
permit holder that a NMFS-approved observer will be deployed on any 
particular trip. Rather, permit issuance indicates that a vessel is 
eligible for a NMFS-approved observer to be deployed on the vessel for a 
particular trip and that, on such observed trips, the vessel may be 
allowed to harvest Atlantic sharks, including sandbar sharks, in excess 
of the retention limits described in Sec. 635.24(a).
    (6) The shark research permit may be revoked, limited, or modified 
at any time, does not confer any right to engage in activities beyond 
those authorized by the permit, and does not confer any right of 
compensation to the holder.
    (g) Applications and renewals. (1) Application procedures shall be 
as indicated under Sec. 600.745(b)(2) of this chapter, except that NMFS 
may consolidate requests for the purpose of obtaining public comment. In 
such cases, NMFS may file with the Office of the Federal Register, on an 
annual or more frequent basis as necessary, notification of previously 
authorized exempted fishing, scientific research, public display, 
chartering, and shark research activities and to solicit public comment 
on anticipated EFP, scientific research permit, letter of 
acknowledgment, public display, chartering, or shark research permit 
activities. Applications for EFPs, scientific research permits, public 
display permits, chartering permits, or shark research permits are 
required to include all reports specified in the applicant's previous 
permit including, if applicable, the year-end report, all delinquent 
reports for permits issued in prior years, and all other specified 
information. In situations of delinquent reports, applications will be 
deemed incomplete and a permit will not be issued under this section.
    (2) For the shark research permit, NMFS will publish annually, in a 
Federal Register notice(s), a description for the following fishing year 
of the expected research objectives. This description may include 
information such as the number of vessels needed, regions and seasons 
for which vessels are needed, the specific criteria for selection, and 
the application deadline. Complete applications, including all 
information requested in the applicable Federal Register notice(s) and 
on the application form and any previous reports required pursuant to 
this section and Sec. 635.5, must be received by NMFS by the 
application deadline in order for the vessel to be considered. Requested 
information could include, but is not limited to, applicant name and 
address, permit information, vessel information, availability of the 
vessel, past involvement in the shark fishery, and compliance with HMS 
regulations including observer regulations. NMFS will only review 
complete applications received by the published deadline to determine 
eligibility for participation in the shark research fishery. Qualified 
vessels will be chosen based on the information provided on the 
applications and their ability to meet the selection criteria as 
published in the Federal Register notice. A commercial shark permit 
holder whose vessel was selected to carry an observer in the previous 
two years for any HMS fishery but failed to comply with the observer 
regulations specified in Sec. 635.7 will not be considered. A 
commercial shark permit holder that has been charged criminally or 
civilly (i.e., issued a Notice of Violation and Assessment (NOVA) or 
Notice of Permit Sanction) for any HMS related violation will not be 
considered for participation in the shark research fishery. Qualified 
vessels will be randomly selected to participate in the shark research 
fishery based on their availability and the temporal and spatial needs 
of the research objectives. If a vessel issued a shark research permit 
cannot conduct the shark research tasks, for whatever reason, that 
permit will be revoked and, depending on the status of the research and 
the fishing year, NMFS will randomly select another qualified vessel to 
be issued a shark research permit.
    (h) Terms and conditions. (1) For EFPs, scientific research permits, 
and public display permits: Written reports on fishing activities, and 
disposition of

[[Page 358]]

all fish captured under a permit issued under this section must be 
submitted to NMFS within 5 days of return to port. NMFS will provide 
specific conditions and requirements as needed, consistent with the 
Consolidated HMS Fishery Management Plan, in the permit. If an 
individual issued a Federal permit under this section captures no HMS in 
any given month, either in or outside the EEZ, a ``no-catch'' report 
must be submitted to NMFS within 5 days of the last day of that month.
    (2) For chartering permits, written reports of fishing activities 
must be submitted to NMFS by a date specified, and to an address 
designated, in the terms and conditions of each chartering permit.
    (3) An annual written summary report of all fishing activities, and 
disposition of all fish captured, under the permit must be submitted to 
NMFS for all EFPs, scientific research permits, display permits, and 
chartering permits issued under this section within 30 days after the 
expiration date of the permit.
    (4) For shark research permits, all owners and/or operators must 
comply with the recordkeeping and reporting requirements specified in 
Sec. 635.5 per the requirement of holding a LAP for sharks.
    (5) As stated in Sec. 635.4(a)(6), failure to comply with the 
recordkeeping and reporting requirements of this section could result in 
the EFP, scientific research permit, display permit, chartering permit, 
or shark research permit being revoked, suspended, or modified, and in 
the denial of any future applications.

[64 FR 29135, May 28, 1999, as amended at 68 FR 63742, Nov. 10, 2003; 68 
FR 74786, Dec. 24, 2003; 69 FR 70399, Dec. 6, 2004; 73 FR 40711, July 
15, 2008]



Sec. 635.33  Archival tags.

    (a) Implantation report. Any person affixing or implanting an 
archival tag into a regulated species must obtain written authorization 
from NMFS pursuant to Sec. 635.32. Persons so authorized to conduct 
archival tag implantation must provide a written report to NMFS at an 
address designated by NMFS, indicating the type and number of tags, the 
species and approximate size of the fish as well as any additional 
information requested in the authorization.
    (b) Landing. Notwithstanding other provisions of this part, persons 
may catch, possess, retain, and land an Atlantic HMS in which an 
archival tag has been implanted or affixed, provided such persons comply 
with the requirements of paragraph (c) of this section.
    (c) Landing report. Persons that retain an Atlantic HMS that has an 
archival tag must contact NMFS, prior to or at the time of landing; 
furnish all requested information regarding the location and method of 
capture; and, as instructed, remove the archival tag and return it to 
NMFS or make the fish available for inspection and recovery of the tag 
by a NMFS scientist, enforcement agent, or other person designated in 
writing by NMFS.
    (d) Quota monitoring. If an Atlantic HMS landed under the authority 
of paragraph (b) of this section is subject to a quota, the fish will be 
counted against the applicable quota for the species consistent with the 
fishing gear and activity which resulted in the catch. In the event such 
fishing gear or activity is otherwise prohibited under applicable 
provisions of this part, the fish shall be counted against the reserve 
quota established for that species.



Sec. 635.34  Adjustment of management measures.

    (a) NMFS may adjust the catch limits for BFT, as specified in Sec. 
635.23; the quotas for BFT, shark and swordfish, as specified in Sec. 
635.27; the marlin landing limit, as specified in Sec. 635.27(d); and 
the minimum sizes for Atlantic blue and white marlin, as specified in 
Sec. 635.20.
    (b) In accordance with the framework procedures in the Highly 
Migratory Species Fishery Management Plan, NMFS may establish or modify 
for species or species groups of Atlantic HMS the following management 
measures: maximum sustainable yield or optimum yield based on the latest 
stock assessment or updates in the SAFE report; domestic quotas; 
recreational and commercial retention limits, including target catch 
requirements; size limits; fishing years or fishing seasons; shark

[[Page 359]]

fishing regions or regional quotas; species in the management unit and 
the specification of the species groups to which they belong; species in 
the prohibited shark species group; classification system within shark 
species groups; permitting and reporting requirements; workshop 
requirements; Atlantic tunas Purse Seine category cap on bluefin tuna 
quota; time/area restrictions; allocations among user groups; gear 
prohibitions, modifications, or use restriction; effort restrictions; 
essential fish habitat; and actions to implement ICCAT recommendations, 
as appropriate.
    (c) NMFS may add species to the prohibited shark species group 
specified in Table 1 of appendix A if, after considering the criteria in 
paragraphs (c)(1) through (4) of this section, the species is determined 
to meet at least two of the criteria. Alternatively, NMFS may remove 
species from the prohibited shark species group and place them in the 
appropriate shark species group in Table 1 of appendix A if, after 
considering the criteria in paragraphs (c)(1) through (4) of this 
section, NMFS determines the species only meets one criterion.
    (1) Biological information indicates that the stock warrants 
protection.
    (2) Information indicates that the species is rarely encountered or 
observed caught in HMS fisheries.
    (3) Information indicates that the species is not commonly 
encountered or observed caught as bycatch in fishing operations for 
species other than HMS.
    (4) The species is difficult to distinguish from other prohibited 
species.
    (d) When considering a framework adjustment to add, change, or 
modify time/area closures, NMFS will consider, consistent with the FMP, 
the Magnuson-Stevens Act, and other applicable law, but is not limited 
to, the following criteria: any Endangered Species Act related issues, 
concerns, or requirements, including applicable BiOps; bycatch rates of 
protected species, prohibited HMS, or non-target species both within the 
specified or potential closure area(s) and throughout the fishery; 
bycatch rates and post-release mortality rates of bycatch species 
associated with different gear types; new or updated landings, bycatch, 
and fishing effort data; evidence or research indicating that changes to 
fishing gear and/or fishing practices can significantly reduce bycatch; 
social and economic impacts; and the practicability of implementing new 
or modified closures compared to other bycatch reduction options. If the 
species is an ICCAT managed species, NMFS will also consider the overall 
effect of the U.S.'s catch on that species before implementing time/area 
closures.

[64 FR 29135, May 28, 1999, as amended at 68 FR 74788, Dec. 24, 2003; 71 
FR 58173, Oct. 2, 2006]



                    Subpart D_Restrictions on Imports



Sec. 635.40  Restrictions to enhance conservation.

    (a) Determinations. Upon a determination by NMFS that species of 
fish subject to regulation or under investigation by ICCAT are 
ineligible for entry into the United States under 16 U.S.C. 971d (c)(4) 
or (c)(5), NMFS, with the concurrence of the Secretary of State, will 
file with the Office of the Federal Register for publication a finding 
to that effect. Effective upon the date of filing of such finding, all 
shipments of fish in any form of the species found to be ineligible will 
be denied entry unless, with respect to a particular shipment, it is 
established by satisfactory proof pursuant to paragraph (b) of this 
section that the particular shipment of fish is eligible for entry. 
Entry will not be denied and no such proof will be required for any such 
shipment that, on the date of filing was in transit to the United States 
on board a vessel operating as a common carrier.
    (b) Proof of admissibility. (1) For the purposes of paragraph (a) of 
this section and section 6(c) of ATCA, a shipment of fish in any form of 
the species under regulation or under investigation by ICCAT offered for 
entry, directly or indirectly, from a country named in a finding filed 
with the Office of the Federal Register for publication under paragraph 
(a) of this section is eligible for entry if the shipment is accompanied 
by a completed ATCA COE attached to the invoice certifying that the fish 
in the shipment:

[[Page 360]]

    (i) Are not of the species specified in the finding;
    (ii) Are of the species named in the finding, but were not taken in 
the regulatory area; or
    (iii) Are of the species named in the finding, but are products of 
an American fishery and were lawfully taken in conformity with 
applicable conservation laws and regulations and landed in the country 
named in the finding solely for transshipment.
    (2) If the fish are offered for entry under paragraph (b)(1)(i) or 
(b)(1)(ii) of this section, the ATCA COE must be executed by a duly 
authorized official of the country named in the finding and the ATCA COE 
must be validated by a consular officer or consular agent of the United 
States. Such validation must be attached to the ATCA COE.
    (3) If the fish are offered for entry under paragraph (b)(1)(iii) of 
this section, the ATCA COE must be executed by a consular officer or 
consular agent of the United States and be accompanied by the 
declaration(s) required by 19 CFR 10.79. The ``Declaration of Master and 
Two Members of Crew on Entry of Products of American Fisheries'' 
required by 19 CFR 10.79 must contain a further statement as follows: 
``We further declare that the said fish were caught by us in full 
compliance with part 635, title 50, Code of Federal Regulations, and 
such other conservation laws and regulations as were applicable at the 
time the fishing operation was in progress.''
    (c) Removal of import restrictions. Upon a determination by NMFS 
that the conditions no longer exist that warranted the finding under 
paragraph (a) of this section, NMFS will remove the import restriction 
by filing with the Office of the Federal Register for publication 
notification of removal effective on the date of filing. However, for 1 
year from the date of filing every shipment of fish in any form that was 
subject to the finding under paragraph (a) of this section will continue 
to be denied entry, unless the shipment is accompanied by a 
certification executed by an authorized official of the country of 
export and authenticated by a consular officer or consular agent of the 
United States certifying that no portion of the shipment is composed of 
fish taken prior to or during the import restriction.



Sec. 635.41  Products denied entry.

    (a) All shipments of Atlantic bigeye tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Bolivia or Georgia 
will be denied entry into the United States.
    (b) All shipments of tuna or tuna-like species, or their products, 
in any form, harvested in the ICCAT convention area by a fishing vessel 
that is required to be listed, but not listed on the ICCAT record of 
authorized vessels will be denied entry into the United States.
    (c) All shipments of tuna or tuna-like species, or their products, 
in any form, harvested in the ICCAT convention area by a fishing vessel 
listed on the ICCAT record as engaged in illegal, unreported, and 
unregulated fishing will be denied entry into the United States.
    (d) All shipments of tuna or tuna-like species, placed in cages for 
farming and/or transshipment, harvested in the ICCAT convention area and 
caught by a fishing vessel included on the ICCAT list as engaged in 
illegal, unreported, and unregulated fishing will be denied entry into 
the United States.
    (e) For the purposes of this section, it is a rebuttable presumption 
that any shipment containing swordfish, bluefin tuna, bigeye tuna, or 
their products offered for entry into the United States has been 
harvested by a vessel or vessels of the exporting nation.

[69 FR 70400, Dec. 6, 2004, as amended at 70 FR 28218, May 17, 2005]



                 Subpart E_International Port Inspection



Sec. 635.50  Basis and purpose.

    The regulations in this subpart implement the ICCAT port inspection 
scheme. The text of the ICCAT port inspection scheme may be obtained 
from NMFS.



Sec. 635.51  Authorized officer.

    For the purposes of this subpart, an authorized officer is a person 
appointed by an ICCAT contracting party to serve as an authorized 
inspector for

[[Page 361]]

ICCAT, and who possesses identification issued by the authorized 
officer's national government.



Sec. 635.52  Vessels subject to inspection.

    (a) All U.S. fishing vessels or vessels carrying fish species 
subject to regulation pursuant to a recommendation of ICCAT, and their 
catch, gear, and relevant documents, including fishing logbooks and 
cargo manifests, are subject to inspection under this subpart to verify 
compliance with ICCAT measures by an authorized officer when landing or 
transshipping tuna or when making a port call at a port of any ICCAT 
contracting party.
    (b) A vessel, or a vessel carrying fish species subject to 
regulation pursuant to a recommendation of ICCAT, that is registered by 
any of the ICCAT contracting parties, and the vessel's catch, gear, and 
relevant documents, including fishing logbooks and cargo manifests, are 
subject to inspection under this subpart to verify compliance with ICCAT 
measures when landing or transshipping regulated species or when making 
a port call in the United States.
    (c) The master of a vessel, or a vessel carrying fish species 
subject to regulation pursuant to a recommendation of ICCAT, must 
cooperate with an authorized officer during the conduct of an inspection 
in national and foreign ports. Inspections will be carried out so that 
the vessel suffers minimum interference and inconvenience, and so that 
degradation of the quality of catch is avoided.



Sec. 635.53  Reports.

    (a) Apparent violations shall be reported by the authorized officer 
on a standardized ICCAT form or form produced by the national government 
which collects the same quality of information. The authorized officer 
must sign the form in the presence of the master of the vessel, who is 
entitled to add or have added to the report any observations, and to add 
his own signature. The authorized officer should note in the vessel's 
log that the inspection has been made.
    (b) Copies of the report form must be sent to the flag state of the 
vessel and to the ICCAT Secretariat within 10 days. Flag states will 
consider and act on reports of apparent violations by foreign inspectors 
on a similar basis as the reports of their national inspectors in 
accordance with their national legislation. The vessel's flag state will 
notify ICCAT of actions taken to address the violation.



                          Subpart F_Enforcement



Sec. 635.69  Vessel monitoring systems.

    (a) Applicability. To facilitate enforcement of time/area and 
fishery closures, an owner or operator of a commercial vessel, permitted 
to fish for Atlantic HMS under Sec. 635.4 and that fishes with a 
pelagic or bottom longline or gillnet gear, is required to install a 
NMFS-approved vessel monitoring system (VMS) unit on board the vessel 
and operate the VMS unit under the following circumstances:
    (1) Whenever the vessel is away from port with pelagic longline gear 
on board;
    (2) As of January 1, 2005, whenever a vessel issued a directed shark 
LAP, is away from port with bottom longline gear on board, is located 
between 33[deg]00[min] N. lat. and 36[deg]30[min] N. lat., and the mid-
Atlantic shark closed area is closed as specified in Sec. 635.21(d)(1); 
or
    (3) Whenever a vessel, issued a directed shark LAP, is away from 
port with a gillnet on board during the right whale calving season 
specified in the regulations implementing the Atlantic Large Whale Take 
Reduction Plan Regulations in Sec. 229.32 of this title.
    (4) A vessel is considered to have pelagic longline gear on board, 
for the purposes of this section, when gear as specified at Sec. 
635.21(c) is on board. A vessel is considered to have bottom longline 
gear on board, for the purposes of this section, when gear as specified 
at Sec. 635.21(d) is on board. A vessel is considered to have gillnet 
gear on board, for the purposes of this section, when gillnet, as 
defined in Sec. 600.10, is on board a vessel that has been issued a 
shark LAP.
    (b) Hardware specifications. The VMS hardware must be approved by 
NMFS and must be able to perform all NMFS required functions. NMFS will 
file with the Office of the Federal Register for publication 
notification listing the

[[Page 362]]

specifications for approved VMS units. As necessary, NMFS will make 
additions and/or amendments to the VMS hardware type approval list to 
account for changes in specifications or new products offered by 
manufacturers. NMFS will file with the Office of the Federal Register 
for publication notification listing such additions and/or amendments.
    (c) Communications specifications. The communications service 
provider must be approved by NMFS and must be able to provide all NMFS 
required functions. NMFS will file with the Office of the Federal 
Register for publication notification listing the specifications for 
approved VMS communications service providers. As necessary, NMFS will 
make additions and/or amendments to the VMS communications service 
providers type approval list to account for changes in specifications or 
new services offered by communications providers. NMFS will file with 
the Office of the Federal Register for publication notification listing 
such additions and/or amendments.
    (d) Installation and service activation. When installing and 
activating the NMFS-approved VMS unit, a vessel owner or operator must 
follow procedures indicated on an installation and activation checklist 
obtained from NMFS. Re-installation shall require the same checklist. 
Upon completion of installation, the vessel owner must sign a statement 
certifying compliance with the installation procedures of the checklist 
and submit such certification to NMFS as indicated on the checklist. 
Vessels fishing prior to submission of the certification will be in 
violation of the VMS requirement.
    (e) Operation. Owners or operators of vessels permitted, or required 
to be permitted, to fish for HMS, that have pelagic or bottom longline 
gear or gillnet gear on board, and that are required to have a VMS unit 
installed, as specified in paragraph (a), must activate the VMS to 
submit automatic position reports beginning 2 hours prior to leaving 
port and continuing until the vessel returns to port. While at sea, the 
unit must operate without interruption and no person may interfere with, 
tamper with, alter, damage, disable, or impede the operation of a VMS, 
or attempt any of the same. Vessels fishing outside the geographic area 
of operation of the installed VMS will be in violation of the VMS 
requirement.
    (f) Interruption. When the vessel operator is aware that 
transmission of automatic position reports has been interrupted, or when 
notified by NMFS that automatic position reports are not being received, 
the vessel operator must contact NMFS and follow the instructions given. 
Such instructions may include but are not limited to manually 
communicating to a location designated by NMFS the vessel's position or 
returning to port until the VMS is operable.
    (g) Repair and replacement. After a fishing trip during which 
interruption of automatic position reports has occurred, the vessel's 
owner or operator must replace or repair the VMS unit prior to the 
vessel's next trip. Repair or reinstallation of a VMS unit or 
installation of a replacement, including change of communications 
service provider shall be in accordance with the checklist provided by 
NMFS and require the same certification.
    (h) Access. As a condition to obtaining a LAP for Atlantic 
swordfish, sharks, or tunas, all vessel owners or operators using 
pelagic or bottom longline or gillnet gear, subject to the VMS 
provisions of this section must allow NMFS, the USCG, and their 
authorized officers and designees access to the vessel's position data 
obtained from the VMS at the time of or after its transmission to the 
vendor or receiver, as the case may be.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 65 
FR 47238, Aug. 1, 2000; 68 FR 45169, Aug. 1, 2003; 68 FR 74788, Dec. 24, 
2003; 69 FR 51012, Aug. 17, 2004; 72 FR 57194, Oct. 5, 2007; 73 FR 
40712, July 15, 2008]



Sec. 635.70  Penalties.

    (a) General. See Sec. 600.735 of this chapter.
    (b) Civil procedures for Atlantic tuna. Because of the perishable 
nature of Atlantic tuna when it is not chilled or frozen, an authorized 
officer may cause to be sold, for not less than its reasonable market 
value, unchilled or unfrozen Atlantic tuna that may be

[[Page 363]]

seized and forfeited under ATCA and this part.



Sec. 635.71  Prohibitions.

    In addition to the prohibitions specified in Sec. 600.725 of this 
chapter, it is unlawful for any person subject to the jurisdiction of 
the United States to violate any provision of this part, ATCA, the 
Magnuson-Stevens Act, or any other rules promulgated under ATCA or the 
Magnuson-Stevens Act.
    (a) General. It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to:
    (1) Falsify information required on an application for a permit 
submitted under Sec. 635.4 or Sec. 635.32.
    (2) Fish for, catch, possess, retain, or land Atlantic HMS without 
the appropriate valid vessel permit, LAP, EFP, scientific research 
permit, display permit, chartering permit, or shark research permit on 
board the vessel, as specified in Sec. Sec. 635.4 and 635.32.
    (3) Purchase, receive, or transfer or attempt to purchase, receive, 
or transfer, for commercial purposes, any Atlantic HMS landed by owners 
of vessels not permitted to do so under Sec. 635.4, or purchase, 
receive, or transfer, or attempt to purchase, receive, or transfer, for 
commercial purposes, any Atlantic HMS without the appropriate valid 
dealer permit issued under Sec. 635.4, except that this does not apply 
to a shark harvested from a vessel that has not been issued a permit 
under this part and that fishes exclusively within the waters under the 
jurisdiction of any state.
    (4) Sell or transfer or attempt to sell or transfer, for commercial 
purposes, an Atlantic tuna, shark, or swordfish other than to a dealer 
that has a valid dealer permit issued under Sec. 635.4, except that 
this does not apply to a shark harvested by a vessel that has not been 
issued a permit under this part and that fishes exclusively within the 
waters under the jurisdiction of any state.
    (5) Fail to possess and make available for inspection a vessel 
permit on board the permitted vessel or upon transfer of HMS to a dealer 
or a dealer permit at the dealer's place of business, or to alter any 
such permit as specified in Sec. 635.4(a).
    (6) Falsify or fail to record, report, or maintain information 
required to be recorded, reported, or maintained, as specified in 
Sec. Sec. 635.5 and 635.32 or in the terms and conditions of a permit 
issued under Sec. 635.4 or an EFP, scientific research permit, display 
permit, chartering permit, or shark research permit issued under Sec. 
635.32.
    (7) Fail to allow an authorized agent of NMFS to inspect and copy 
reports and records, as specified in Sec. 635.5(e) and (f) or Sec. 
635.32.
    (8) Fail to make available for inspection an Atlantic HMS or its 
area of custody, as specified in Sec. 635.5(e) and (f).
    (9) Fail to report the catching of any Atlantic HMS to which a 
conventional tag has been affixed under a tag and release program.
    (10) Falsify or fail to display and maintain vessel and gear 
identification, as specified in Sec. 635.6.
    (11) Fail to comply with the requirements for at-sea observer 
coverage, as specified in Sec. 635.7 and Sec. 600.746.
    (12) For any person to assault, resist, oppose, impede, intimidate, 
interfere with, obstruct, delay, or prevent, by any means, any 
authorized officer in the conduct of any search, inspection, seizure or 
lawful investigation made in connection with enforcement of this part.
    (13) Interfere with, delay, or prevent by any means, the 
apprehension of another person, knowing that such person has committed 
any act prohibited by this part.
    (14) Fail to install, activate, repair, or replace a vessel 
monitoring system prior to leaving port with pelagic longline gear, 
bottom longline gear, or gillnet gear on board the vessel as specified 
in Sec. 635.69.
    (15) Tamper with, or fail to operate and maintain a vessel 
monitoring system as specified in Sec. 635.69.
    (16) Fail to contact NMFS or follow NMFS instructions when automatic 
position reporting has been interrupted as specified in Sec. 635.69.
    (17) Fish for Atlantic tunas or swordfish with a gillnet or possess 
Atlantic tunas or swordfish on board a vessel with a gillnet on board, 
as specified in Sec. 635.21 (b), (e)(1), and (e)(4)(ii).

[[Page 364]]

    (18) Fail to retrieve fishing gear and move after an interaction 
with a protected species, as specified in Sec. 635.21 (c)(3) or (d)(2).
    (19) Utilize secondary gears as specified in Sec. 635.21(b) to 
capture, or attempt to capture, any undersized or free swimming Atlantic 
HMS, or fail to release a captured Atlantic HMS in the manner specified 
in Sec. 635.21(a).
    (20) Fail to report the retention of an Atlantic HMS that has an 
archival tag, as specified in Sec. 635.33.
    (21) Fail to maintain an Atlantic HMS in the form specified in Sec. 
635.30.
    (22) Fish for, catch, retain, or possess an Atlantic HMS that is 
less than its minimum size limit specified in Sec. 635.20.
    (23) Fail to comply with the restrictions on use of pelagic 
longline, bottom longline, gillnet, buoy gear, speargun gear, or green-
stick gear as specified in Sec. 635.21(c), (d), (e)(1), (e)(3), (e)(4), 
(f), or (g).
    (24) Import, or attempt to import, any fish or fish products 
regulated under this part in a manner contrary to any import 
requirements or import restrictions specified at Sec. 635.40 or 635.41.
    (25) Dispose of fish or parts thereof or other matter in any manner 
after any communication or signal from an authorized officer, or after 
the approach of an authorized officer.
    (26) Violate the terms and conditions or any provision of a permit 
issued under Sec. Sec. 635.4 or 635.32.
    (27) Operate a charterboat or headboat without a valid U.S. Coast 
Guard merchant marine or uninspected passenger vessel license on board 
the vessel when fishing for or possessing Atlantic HMS as specified at 
Sec. 635.4(b).
    (28) Violate any provision of this part, the Magnuson-Stevens Act, 
ATCA, or any regulations or permits issued under the Magnuson-Stevens 
Act or ATCA.
    (29) Land, transship, ship, transport, purchase, sell, offer for 
sale, import, export, or have in custody, possession, or control:
    (i) Any fish that the person knows, or should have known, was taken, 
retained, possessed, or landed contrary to this part, without regard to 
the citizenship of the person or registry of the fishing vessel that 
harvested the fish.
    (ii) Any fish of a species regulated pursuant to a recommendation of 
ICCAT that was harvested, retained, or possessed in a manner contrary to 
the regulations of another country.
    (30) Deploy or fish with any fishing gear from a vessel or anchor a 
fishing vessel, permitted or required to be permitted under this part, 
in any closed area as specified at Sec. 635.21.
    (31) Deploy or fish with any fishing gear from a vessel with a 
pelagic longline on board in any closed area during the time periods 
specified at Sec. 635.21(c)(2).
    (32) In the Gulf of Mexico, deploy or fish a pelagic longline with 
live bait affixed to the hooks or to possess live bait, or set up a well 
or tank to maintain live bait, aboard a vessel with pelagic longline 
gear on board as specified at Sec. 635.21(c)(4).
    (33) Deploy or fish with any fishing gear from a vessel with pelagic 
or bottom longline gear on board without carrying the required sea 
turtle bycatch mitigation gear, as specified at Sec. 635.21(c)(5)(i) 
for pelagic longline gear and Sec. 635.21(d)(3)(i) for bottom longline 
gear. This equipment must be utilized in accordance with Sec. 
635.21(c)(5)(ii) and (d)(3)(ii) for pelagic and bottom longline gear, 
respectively.
    (34) Fail to disengage any hooked or entangled sea turtle with the 
least harm possible to the sea turtle as specified at Sec. 635.21 
(c)(5) or (d)(3).
    (35) For any person to assault, resist, oppose, impede, intimidate, 
interfere with, obstruct, delay, or prevent, by any means, NMFS 
personnel or anyone collecting information for NMFS, under an agreement 
or contract, relating to the scientific monitoring or management of 
Atlantic HMS.
    (36) Fish with bottom or pelagic longline and shark gillnet gear for 
HMS without adhering to the gear operation and deployment restrictions 
required in 50 CFR 635.21.
    (37) Fail to report to NMFS, at the number designated by NMFS, the 
incidental capture of listed whales with shark gillnet gear as required 
by Sec. 635.5.
    (38) Fish for, or possess on board a fishing vessel, species 
regulated under this part in unauthorized fishing areas as specified in 
Sec. 635.25.

[[Page 365]]

    (39) Deploy or fish with any fishing gear, from a vessel with a 
bottom longline on board, in any closed area during the time periods 
specified at Sec. 635.21(d)(1).
    (40) Deploy or fish with any fishing gear, from a vessel with bottom 
longline gear on board, without carrying a dipnet, line clipper, and 
dehooking device as specified at Sec. 635.21(d)(3).
    (41) Fail to immediately notify NMFS upon the termination of a 
chartering arrangement as specified in Sec. 635.5(a)(5).
    (42) Count chartering arrangement catches against quotas other than 
those defined as the Contracting Party of which the chartering foreign 
entity is a member as specified in Sec. 635.5(a)(5).
    (43) Fail to submit catch information regarding fishing activities 
conducted under a chartering arrangement with a foreign entity, as 
specified in Sec. 635.5(a)(5).
    (44) Offload charter arrangement catch in ports other than ports of 
the chartering Contracting Party of which the foreign entity is a member 
or offload catch without the direct supervision of the chartering 
foreign entity as specified in Sec. 635.5(a)(5).
    (45) Import or attempt to import tuna or tuna-like species harvested 
from the ICCAT convention area by a fishing vessel that is not listed in 
the ICCAT record of authorized vessels as specified in Sec. 635.41(b).
    (46) Import or attempt to import tuna or tuna-like species harvested 
by a fishing vessel on the ICCAT illegal, unreported, and unregulated 
fishing list as specified in Sec. 635.41(c).
    (47) Import or attempt to import tuna or tuna-like species, placed 
in cages for farming and/or transshipment, harvested in the ICCAT 
convention area and caught by a fishing vessel included on the ICCAT 
list as engaged in illegal, unreported, and unregulated fishing as 
specified in Sec. 635.41(d).
    (48) Purchase any HMS that was offloaded from an individual vessel 
in excess of the retention limits specified in Sec. Sec. 635.23 and 
635.24.
    (49) Sell any HMS that was offloaded from an individual vessel in 
excess of the retention limits specified in Sec. Sec. 635.23 and 
635.24.
    (50) Fish without being certified for completion of a NMFS protected 
species safe handling, release, and identification workshop, as required 
in Sec. 635.8.
    (51) Fish without having a valid protected species workshop 
certificates issued to the vessel owner and operator on board the vessel 
as required in Sec. 635.8.
    (52) Falsify a NMFS protected species workshop certificate or a NMFS 
Atlantic shark identification workshop certificate as specified at Sec. 
635.8.
    (53) Fish for, catch, possess, retain, or land an Atlantic swordfish 
using, or captured on, ``buoy gear'', as defined at Sec. 635.2, unless 
the vessel owner has been issued a swordfish directed limited access 
permit or a swordfish handgear limited access permit in accordance with 
Sec. 635.4(f).
    (b) Atlantic tunas. It is unlawful for any person or vessel subject 
to the jurisdiction of the United States to:
    (1) Engage in fishing with a vessel that has been issued an Atlantic 
Tunas or Atlantic HMS permit under Sec. 635.4, unless the vessel 
travels to and from the area where it will be fishing under its own 
power and the person operating that vessel brings any BFT under control 
(secured to the catching vessel and/or brought on board) with no 
assistance from another vessel, except as shown by the operator that the 
safety of the vessel or its crew was jeopardized or other circumstances 
existed that were beyond the control of the operator.
    (2) [Reserved]
    (3) Fish for, catch, retain, or possess a BFT less than the large 
medium size class by a person aboard a vessel other than one that has on 
board a valid HMS Angling or Charter/Headboat permit, or an Atlantic 
tunas Purse Seine category permit as authorized under Sec. 635.23 (b), 
(c), and (e)(2).
    (4) Fail to inspect a vessel's permit, fail to affix a dealer tag to 
a large medium or giant BFT, or fail to use such tag as specified in 
Sec. 635.5(b)(2).
    (5) Fail to report a large medium or giant BFT that is not sold, as 
specified in Sec. 635.5(a)(3).

[[Page 366]]

    (6) As the owner of a vessel permitted, or required to be permitted, 
in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat category, 
fail to report a BFT, as specified in Sec. 635.5(c)(1) or (c)(3).
    (7) Fish for, catch, retain, or possess a BFT with gear not 
authorized for the category permit issued to the vessel or to have such 
gear on board when in possession of a BFT, as specified in Sec. 
635.21(e)(1).
    (8) Fail to request an inspection of a purse seine vessel, as 
specified in Sec. 635.21(e)(1)(vi)(B).
    (9) Fish for or catch BFT in a directed fishery with purse seine 
nets without an allocation made under Sec. 635.27(a)(4).
    (10) Fish for or catch any Atlantic tunas in a directed fishery with 
purse seine nets if there is no remaining BFT allocation made under 
Sec. 635.27 (a)(4).
    (11) Exceed the recreational catch limit for yellowfin tuna, as 
specified in Sec. 635.22(d).
    (12) Exceed a catch limit for BFT specified for the appropriate 
permit category, as specified in Sec. 635.23.
    (13) As a vessel with a General category Atlantic tuna permit, fail 
to immediately cease fishing and immediately return to port after 
catching a large medium or giant BFT on a commercial fishing day, as 
specified in Sec. 635.23(a)(3).
    (14) As a person aboard a vessel issued an HMS Angling or Charter/
Headboat permit, fail to immediately cease fishing and immediately 
return to port after catching a large medium or giant BFT or fail to 
report such catch, as specified in Sec. 635.23(b)(1)(iii) and (c)(1) 
through (c)(3).
    (15) As a person aboard a vessel issued an HMS Angling or HMS 
Charter/Headboat permit, sell, offer for sale, or attempt to sell a 
large medium or giant BFT retained when fishing under the circumstances 
specified in Sec. 635.23(b)(1)(iii) and (c)(1) through (c)(3).
    (16) Retain a BFT caught under the catch and release program 
specified in Sec. 635.26.
    (17) As a vessel with a Purse Seine category Atlantic tunas permit, 
catch, possess, retain, or land BFT in excess of its allocation of the 
Purse Seine category quota, or fish for BFT under that allocation prior 
to the commencement date of the directed BFT purse seine fishery, as 
specified in Sec. 635.27(a)(4).
    (18) As a vessel with a Purse Seine category Atlantic tunas permit, 
land BFT smaller than the large medium size class except as specified 
under Sec. 635.23(e)(2).
    (19) Fish for, retain, possess, or land a BFT when the fishery is 
closed, as specified in Sec. 635.28(a), except as may be authorized for 
catch and release under Sec. 635.26.
    (20) Approach to within 100 yd (91.5 m) of the cork line of a purse 
seine net used by a vessel fishing for Atlantic tuna, or for a purse 
seine vessel to approach to within 100 yd (91.5 m) of a vessel actively 
fishing for Atlantic tuna, except that two vessels that have Purse Seine 
category Atlantic tuna permits may approach closer to each other.
    (21) Transfer at sea an Atlantic tuna, except as may be authorized 
for the transfer of BFT between purse seine vessels, as specified in 
Sec. 635.29(a).
    (22) As the owner or operator of a purse seine vessel, fail to 
comply with the requirement for possession at sea and landing of BFT 
under Sec. 635.30(a).
    (23) Fish for, catch, possess, or retain a BFT from the Gulf of 
Mexico except as specified under Sec. 635.23(f)(1), or if taken 
incidental to recreational fishing for other species and retained in 
accordance with Sec. 635.23(b) and (c).
    (24) Fail to comply with the restrictions on sale and purchase of an 
Atlantic tuna, as specified in Sec. Sec. 635.5(b), 635.23, and 
635.31(a).
    (25) [Reserved]
    (26) For any person to refuse to provide information requested by 
NMFS personnel or anyone collecting information for NMFS, under an 
agreement or contract, relating to the scientific monitoring or 
management of Atlantic tunas.
    (27) Possess a large medium or giant BFT, after it has been landed, 
that does not have a dealer tag affixed to it as specified in Sec. 
635.5(b)(2)(ii), unless the BFT is not to be sold and has been reported 
per the requirements specified in Sec. Sec. 635.5(a)(3) or 635.5(c).

[[Page 367]]

    (28) Participate in any HMS recreational fishing activity aboard a 
vessel issued an Atlantic Tunas General category permit unless, as 
specified at Sec. 635.4(c)(2) and (3), the vessel has registered and 
paid an entry fee to, and is fishing under the rules of, a recreational 
HMS fishing tournament registered as required under Sec. 635.5(d)
    (29) Import a bigeye tuna or bigeye tuna product into the United 
States from Bolivia or Georgia as specified in Sec. 635.41.
    (30) Fish for any HMS, other than Atlantic BAYS tunas, with speargun 
fishing gear, as specified at Sec. 635.21(f).
    (31) Harvest or fish for BAYS tunas using speargun gear with 
powerheads, or any other explosive devices, as specified in Sec. 
635.21(f).
    (32) Sell, purchase, barter for, or trade for an Atlantic BAYS tuna 
harvested with speargun fishing gear, as specified at Sec. 
635.31(a)(1).
    (33) Fire or discharge speargun gear without being physically in the 
water, as specified at Sec. 635.21(f).
    (34) Use speargun gear to harvest a BAYS tuna restricted by fishing 
lines or other means, as specified at Sec. 635.21(f).
    (35) Use speargun gear to fish for BAYS tunas from a vessel that 
does not possess either a valid HMS Angling or HMS Charter/Headboat 
permit, as specified at Sec. 635.21(f).
    (36) Possess J-hooks onboard a vessel that has pelagic longline gear 
onboard, and that has been issued, or is required to have, a limited 
access swordfish, shark, or tuna longline category permit for use in the 
Atlantic Ocean, including the Caribbean Sea and the Gulf of Mexico, 
except when green-stick gear is onboard, as specified at Sec. 
635.21(c)(2)(v)(A) and (c)(5)(iii)(C)(3).
    (37) Use or deploy J-hooks with pelagic longline gear from a vessel 
that has been issued, or is required to have, a limited access 
swordfish, shark, or tuna longline category permit for use in the 
Atlantic Ocean, including the Caribbean Sea and the Gulf of Mexico.
    (38) Possess more than 20 J-hooks onboard a vessel that has been 
issued, or is required to have, a limited access swordfish, shark, or 
tuna longline category permit for use in the Atlantic Ocean, including 
the Caribbean Sea and the Gulf of Mexico, when possessing onboard both 
pelagic longline gear, as described at Sec. 635.21(c), and green-stick 
gear as defined at Sec. 635.2.
    (39) Use or deploy more than 10 hooks at one time on any individual 
green-stick gear.
    (40) Possess, use, or deploy J-hooks smaller than 1.5 inch (38.1 
mm), when measured in a straight line over the longest distance from the 
eye to any other part of the hook, when fishing with or possessing 
green-stick gear onboard a vessel that has been issued, or is required 
to have, a limited access swordfish, shark, or tuna longline category 
permit for use in the Atlantic Ocean, including the Caribbean Sea and 
the Gulf of Mexico.
    (c) Billfish. It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to:
    (1) As specified in Sec. 635.21(e)(2), retain a billfish harvested 
by gear other than rod and reel, or retain a billfish on board a vessel 
unless that vessel has been issued an Atlantic HMS Angling or Charter/
Headboat permit or has been issued an Atlantic Tunas General category 
permit and is participating in a tournament in compliance with Sec. 
635.4(c).
    (2) Transfer a billfish at sea, as specified in Sec. 635.29(a).
    (3) Fail to maintain a billfish in the form specified in Sec. 
635.30(b).
    (4) Sell or purchase a billfish, as specified in Sec. 635.31(b).
    (5) Retain on board a vessel a longbill spearfish, or a blue marlin, 
white marlin or sailfish that is less than the minimum size specified in 
Sec. 635.20(d).
    (6) As the owner of a vessel permitted, or required to be permitted, 
in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat category, 
fail to report a billfish, as specified in Sec. 635.5(c)(2) or (c)(3).
    (7) Deploy a J-hook or an offset circle hook in combination with 
natural bait or a natural bait/artificial lure combination when 
participating in a tournament for, or including, Atlantic billfish, as 
specified in Sec. 635.21(e)(2).
    (8) Take, retain, or possess an Atlantic blue or white marlin when 
the fishery for these species has been restricted to catch and release 
fishing only, as specified in Sec. 635.27(d).

[[Page 368]]

    (d) Shark. It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to:
    (1) Exceed a recreational retention limit for shark, as specified in 
Sec. 635.22(c).
    (2) Exceed a commercial retention limit for shark, as specified in 
Sec. 635.24(a).
    (3) Retain, possess, or land a shark of a species group when the 
fishery for that species group and/or region is closed, as specified in 
Sec. 635.28(b).
    (4) Sell or purchase a shark of a species group when the fishery for 
that species group and/or region is closed, as specified in Sec. 
635.28(b).
    (5) Transfer a shark at sea, as specified in Sec. 635.29(b).
    (6) Fail to maintain a shark in its proper form, as specified in 
Sec. 635.30(c). Fail to maintain naturally attached shark fins through 
offloading as specified in Sec. 635.30(c).
    (7) Sell or purchase shark fins that are disproportionate to the 
weight of shark carcasses, as specified in Sec. 635.30(c) and Sec. 
600.1204(e) and (l) of this chapter.
    (8) Fail to have shark fins and carcasses weighed and recorded, as 
specified in Sec. 635.30(c).
    (9) Fail to comply with the restrictions on sale and purchase of a 
shark, as specified in Sec. 635.31(c).
    (10) Retain, possess, sell, or purchase a prohibited shark, 
including parts or pieces of prohibited sharks, as specified under 
Sec. Sec. 635.22(c), 635.24(a), and 635.27(b), or fail to disengage any 
hooked or entangled prohibited shark with the least harm possible to the 
animal as specified at Sec. 635.21(d).
    (11) Receive, purchase, trade, or barter for Atlantic sharks without 
a valid Atlantic shark identification workshop certificate or fail to be 
certified for completion of a NMFS Atlantic shark identification 
workshop in violation of Sec. 635.8.
    (12) Fish for Atlantic sharks with unauthorized gear or possess 
Atlantic sharks on board a vessel with unauthorized gear on board as 
specified in Sec. 635.21(e)(3).
    (13) Fish for Atlantic sharks with a gillnet or possess Atlantic 
sharks on board a vessel with a gillnet on board, except as specified in 
Sec. 635.21(e)(3).
    (14) Receive, purchase, trade, or barter for Atlantic shark without 
making available for inspection, at each of the dealer's places of 
business listed on the dealer permit which first receives Atlantic 
sharks by way of purchase, barter, or trade, a valid Atlantic shark 
identification workshop certificate issued by NMFS in violation of Sec. 
635.8(b), except that trucks or other conveyances of the business must 
possess a copy of such certificate.
    (15) Sell or transfer or attempt to sell or transfer a shark or 
sharks or part of a shark or sharks in excess of the retention limits 
specified in Sec. 635.24(a).
    (16) Purchase, receive, or transfer or attempt to purchase, receive, 
or transfer a shark or sharks or part of a shark or sharks landed in 
excess of the retention limits specified in Sec. 635.24(a).
    (17) Replace sharks that are onboard the vessel for retention with 
sharks of higher quality or size that are caught later in a particular 
trip as specified in Sec. 635.24(a).
    (e) Swordfish. It is unlawful for any person or vessel subject to 
the jurisdiction of the United States to:
    (1) Purchase, barter for, or trade for a swordfish from the north or 
south Atlantic swordfish stock without a dealer permit as specified in 
Sec. 635.4(g).
    (2) Fail to comply with the restrictions on use of a pelagic 
longline specified in Sec. 635.21(b) and (c).
    (3) When the directed fishery for swordfish is closed, exceed the 
limits specified in Sec. 635.28(c)(1)(i) and (c)(1)(ii).
    (4) When the incidental catch fishery for swordfish is closed, 
possess, land, sell, or purchase a swordfish, as specified in Sec. 
635.28(c)(2).
    (5) Transfer at sea a swordfish, as specified in Sec. 635.29(a).
    (6) Fail to maintain a swordfish in the form specified in Sec. 
635.30(d).
    (7) Fail to comply with the restrictions on sale and purchase of a 
swordfish, as specified in Sec. 635.31(d).
    (8) Fish for North Atlantic swordfish from, possess North Atlantic 
swordfish on board, or land North Atlantic swordfish from a vessel using 
or having on board gear other than pelagic longline or handgear.
    (9) Fish for swordfish from the South Atlantic swordfish stock using 
any gear other than pelagic longline.

[[Page 369]]

    (10) Fish for, catch, possess, retain, or land an Atlantic swordfish 
using, or captured on, ``buoy gear'' as defined at Sec. 635.2, unless 
the vessel owner has been issued a swordfish directed limited access 
permit or a swordfish handgear limited access permit in accordance with 
Sec. 635.4(f).
    (11) As the owner of a vessel permitted, or required to be 
permitted, in the swordfish directed or swordfish handgear limited 
access permit category and utilizing buoy gear, to possess or deploy 
more than 35 individual floatation devices, to deploy more than 35 
individual buoy gears per vessel, or to deploy buoy gear without affixed 
monitoring equipment, as specified at Sec. 635.21(e)(4)(iii).
    (12) Fail to mark each buoy gear as required at Sec. 635.6(c)(1).
    (13) Exceed the incidental catch retention limits specified at Sec. 
635.24(b).
    (14) Exceed the recreational catch limit for North Atlantic 
swordfish, as specified in Sec. 635.22(f).
    (15) As the owner of a vessel permitted, or required to be 
permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat 
category, fail to report a North Atlantic swordfish, as specified in 
Sec. 635.5(c)(2) or (c)(3).
    (16) Possess any HMS, other than Atlantic swordfish, harvested with 
buoy gear Sec. 635.21(e).
    (17) Fail to construct, deploy, or retrieve buoy gear as specified 
at Sec. 635.21(e)(4)(iii).

[64 FR 29135, May 28, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
635.71, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



               Sec. Appendix A to Part 635--Species Tables

            Table 1 of Appendix A to Part 635-Oceanic Sharks

                        A. Large coastal sharks:

                          1. Ridgeback sharks:

Sandbar, Carcharhinus plumbeus
Silky, Carcharhinus falciformis
Tiger, Galeocerdo cuvieri

                        2. Non-ridgeback sharks:

Blacktip, Carcharhinus limbatus
Bull, Carcharhinus leucas
Great hammerhead, Sphyrna mokarran
Lemon, Negaprion brevirostris
Nurse, Ginglymostoma cirratum
Scalloped hammerhead, Sphyrna lewini
Smooth hammerhead, Sphyrna zygaena
Spinner, Carcharhinus brevipinna

                        B. Small coastal sharks:

Atlantic sharpnose, Rhizoprionodon terraenovae
Blacknose, Carcharhinus acronotus
Bonnethead, Sphyrna tiburo
Finetooth, Carcharhinus isodon

                           C. Pelagic sharks:

Blue, Prionace glauca
Oceanic whitetip, Carcharhinus longimanus
Porbeagle, Lamna nasus
Shortfin mako, Isurus oxyrinchus
Thresher, Alopias vulpinus.

                          D. Prohibited sharks:

Atlantic angel, Squatina dumerili
Basking, Cetorhinus maximus
Bigeye sand tiger, Odontaspis noronhai
Bigeye sixgill, Hexanchus vitulus
Bigeye thresher, Alopias superciliosus
Bignose, Carcharhinus altimus
Caribbean reef, Carcharhinus perezi
Caribbean sharpnose, Rhizoprionodon porosus
Dusky, Carcharhinus obscurus
Galapagos, Carcharhinus galapagensis
Longfin mako, Isurus paucus
Narrowtooth, Carcharhinus brachyurus
Night, Carcharhinus signatus
Sand tiger, Odontaspis taurus
Sevengill, Heptranchias perlo
Sixgill, Hexanchus griseus
Smalltail, Carcharhinus porosus
Whale, Rhincodon typus
White, Carcharodon carcharias

            Table 2 of Appendix A to Part 635-Pelagic Species

Albacore tuna, Thunnus alalunga
Bigeye tuna, Thunnus obesus
Blue shark, Prionace glauca
Bluefin tuna, Thunnus thynnus
Dolphin fish, Coryphaena hippurus
Oceanic whitetip shark, Carcharhinus longimanus
Porbeagle shark, Lamna nasus
Shortfin mako shark, Isurus oxyrinchus
Skipjack tuna, Katsuwonus pelamis
Swordfish, Xiphias gladius
Thresher shark, Alopias vulpinus
Wahoo, Acanthocybium solandri
Yellowfin tuna, Thunnus albacares

           Table 3 of Appendix A to Part 635-Demersal Species

Atlantic sharpnose shark, Rhizoprionodon terraenovae
Black grouper, Mycteroperca bonaci
Blackfin snapper, Lutjanus buccanella
Blacknose shark, Carcharhinus acronotus

[[Page 370]]

Blacktip shark, Carcharhinus limbatus
Blueline tilefish, Caulolatilus microps
Bonnethead shark, Sphyrna tiburo
Bull shark, Carcharhinus leucas
Cubera snapper, Lutjanus cyanopterus
Dog snapper, Lutjanus jocu
Finetooth shark, Carcharhinus isodon
Gag grouper, Mycteroperca microlepis
Lane snapper, Lutjanus synagris
Lemon shark, Negaprion brevirostris
Mangrove snapper, Lutjanus griseus
Marbled grouper, Dermatolepis inermis
Misty grouper, Epinephelus mystacinus
Mutton snapper, Lutjanus analis
Nurse shark, Ginglymostoma cirratum
Queen snapper, Etelis oculatus
Red grouper, Epinephelus morio
Red hind, Epinephelus guttatus
Red snapper, Lutjanus campechanus
Rock hind, Epinephelus adscensionis
Sand tilefish, Malacanthus plumieri
Sandbar shark, Carcharhinus plumbeus
Schoolmaster snapper, Lutjanus apodus
Silk snapper, Lutjanus vivanus
Snowy grouper, Epinephelus niveatus
Speckled hind, Epinephelus drummondhayi
Spinner shark, Carcharhinus brevipinna
Tiger shark, Galeocerdo cuvieri
Tilefish, Lopholatilus chamaeleonticeps
Vermilion snapper, Rhomboplites aurorubens
Warsaw grouper, Epinephelus nigritus
Yellowedge grouper, Epinephelus flavolimbatus
Yellowfin grouper, Mycteroperca venenosa
Yellowtail snapper, Ocyurus chrysurus

[64 FR 29135, May 28, 1999 as amended at 71 FR 58174, Oct. 2, 2006]



PART 640_SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH ATLANTIC--Table 

of Contents




                      Subpart A_General Provisions

Sec.
640.1 Purpose and scope.
640.2 Definitions.
640.3 Relation to other laws.
640.4 Permits and fees.
640.5 Recordkeeping and reporting. [Reserved]
640.6 Vessel and gear identification.
640.7 Prohibitions.
640.8 Facilitation of enforcement.
640.9 Penalties.

                      Subpart B_Management Measures

640.20 Seasons.
640.21 Harvest limitations.
640.22 Gear and diving restrictions.
640.23 Bag/possession limits.
640.24 Authorized activities.
640.25 Adjustment of management measures.
640.26 Tortugas marine reserves.
640.27 Spiny lobster import prohibitions.

Figure 1 to Part 640

    Authority: 16 U.S.C. 1801 et seq.

    Editorial Note: Nomenclature changes to part 640 appear at 74 FR 
1152, Jan. 12, 2009.



                      Subpart A_General Provisions



Sec. 640.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South 
Atlantic prepared by the South Atlantic and Gulf of Mexico Fishery 
Management Councils under the Magnuson-Stevens Act.
    (b) This part governs conservation and management of spiny lobster 
and slipper (Spanish) lobster in the EEZ in the Atlantic Ocean and Gulf 
of Mexico off the Atlantic and Gulf of Mexico states from the Virginia/
North Carolina border south and through the Gulf of Mexico. This part 
also governs importation of spiny lobster into any place subject to the 
jurisdiction of the United States.
    (c) 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 part 640, except for 
Sec. 640.27 with which such an owner or operator must comply, provided 
proof of lawful harvest in the waters of a foreign nation accompanies 
such lobsters or tails.

[74 FR 1151, Jan. 12, 2009]



Sec. 640.2  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act and in 
Sec. 620.2 of this chapter, the terms used in this part have the 
following meanings:
    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.
    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

[[Page 371]]

line (middle of the back), to the rear edge of the top part of the 
carapace, excluding any translucent membrane.
    Commercial fishing means 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.
    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.
    Import means--
    (1) 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; but
    (2) Does not include any activity described in paragraph (1) of this 
definition with respect to fish caught in the U.S. exclusive economic 
zone by a vessel of the United States.
    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.
    Off Florida means the area from the Florida coast to the outer limit 
of the EEZ between the Georgia/Florida boundary 
(30[deg]42[min]45.6[sec]N. latitude) and the Alabama/Florida boundary 
(87[deg]31[min]06[sec]W. longitude).
    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[deg]31[min]06[sec] W. long.).
    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[deg]20.4[min]N. latitude) 
and a line extending directly west from the Monroe/Collier County, 
Florida boundary (25[deg]48.0[min]N. latitude).
    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[deg]34[min]55[sec] N. lat.) to the Georgia/Florida 
boundary (30[deg]42[min]45.6[sec] N. lat.).
    Recreational fishing means fishing or fishing activities which 
result in the harvest of fish, none of which (or parts thereof) is sold, 
traded, or bartered.
    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.
    Slipper (Spanish) lobster means the species Scyllarides nodifer.
    Spiny lobster means the species Panulirus argus, or a part thereof.
    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.
    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.

[47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53 
FR 17196, May 16, 1988; 53 FR 24655, June 29, 1988; 53 FR 38294, Sept. 
30, 1988; 55 FR 26448, June 28, 1990; 57 FR 56518, Nov. 30, 1992; 58 FR 
38979, July 21, 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, 
1995; 74 FR 1152, Jan. 12, 2009]



Sec. 640.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in Sec. 
600.705 of this chapter and paragraphs (b) and (c) of this section.
    (b) The regulations in this part apply within the boundaries of any 
national park, monument, or marine sanctuary in the Gulf of Mexico and 
South Atlantic EEZ.
    (c) Regulations pertaining to additional prohibitions on importation 
of spiny lobster into Puerto Rico or the

[[Page 372]]

U.S. Virgin Islands are set forth in part 622 of this chapter.

[47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53 
FR 24655, June 29, 1988; 74 FR 1152, Jan. 12, 2009]



Sec. 640.4  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 Sec. 640.23(b)(1) for such spiny lobster, such person must 
have the licenses and certificates specified to be a ``commercial 
harvester,'' as defined in Rule 46-24.002(2), Florida Administrative 
Code, in effect as of June 1, 1994. 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. Copies may be 
obtained from the Florida Marine Fisheries Commission, 2540 Executive 
Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904-
487-0554. Copies may be inspected at the Office of the Regional 
Administrator; the Office of Fisheries Conservation and Management, 
NMFS, 1315 East-West Highway, Silver Spring, MD; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (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 Sec. 640.23(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 
tail-separation permit must be issued to the vessel and must be on 
board.
    (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.
    (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 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 
Regional Administrator 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

[[Page 373]]

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 Regional Administrator 
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, as requested by the Regional Administrator 
and included on the application form.
    (3) The Regional Administrator 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 (h) 
of this section. Such required documentation may include copies of 
appropriate forms and 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 Regional Administrator 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 Regional Administrator 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 Regional 
Administrator will notify the applicant of the deficiency. If the 
applicant fails to correct the deficiency within 30 days of the date of 
the Regional Administrator'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 Sec. 640.6. 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.

[[Page 374]]

    (j) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (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.

[57 FR 56518, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 
60 FR 41830, Aug. 14, 1995; 69 FR 18803, Apr. 9, 2004]



Sec. 640.5  Recordkeeping and reporting. [Reserved]



Sec. 640.6  Vessel and gear identification.

    (a) EEZ off Florida. (1) An owner or operator of a vessel that is 
used to harvest spiny lobsters by traps in the EEZ off Florida must 
comply with the vessel and gear identification requirements applicable 
to the harvesting of spiny lobsters by traps in Florida's waters in 
sections 370.14(2)(a) and (3) and 370.142(2)(b), Florida Statutes, in 
effect as of July 1, 1994, and in Rule 46-24.006(3), (4), and (5), 
Florida Administrative Code, in effect as of June 1, 1994.
    (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 46-24.006(6), Florida 
Administrative Code, in effect as of June 1, 1994.
    (3) The incorporation by reference in paragraphs (a)(1) and (a)(2) 
of this section of sections 370.14(2)(a) and (3) and 370.142(2)(b), 
Florida Statutes, and Rule 46-24.006(3), (4), (5), and (6), Florida 
Administrative Code, 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. 
Copies may be obtained from the Florida Marine Fisheries Commission, 
2540 Executive Center Circle West, Suite 106, Tallahassee, FL 32301; 
telephone: 904-487-0554. Copies may be inspected at the Office of the 
Regional Administrator; the Office of Fisheries Conservation and 
Management, NMFS, 1315 East-West Highway, Silver Spring, MD; or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (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 Regional 
Administrator, 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) 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.

[[Page 375]]

    (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 Regional Administrator, 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. 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.

[57 FR 56519, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 
60 FR 41830, Aug. 14, 1995; 69 FR 18803, Apr. 9, 2004]



Sec. 640.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter, it is unlawful for any person to do any of the 
following:
    (a) Sell, trade, or barter, or attempt to sell, trade, or barter, a 
spiny lobster in or from the EEZ without a required license, 
certificate, or permit, as specified in Sec. 640.4(a)(1).
    (b) Falsify information specified in Sec. 640.4(b)(2) on an 
application for a permit.
    (c) Fail to display a permit, as specified in Sec. 640.4(h).
    (d) Falsify or fail to display and maintain vessel and gear 
identification, as required by Sec. 640.6 (a) and (b).
    (e) Possess a spiny lobster trap in the EEZ at a time not 
authorized, as specified in Sec. 640.20(b)(3)(i) and (b)(3)(ii).
    (f) Possess a spiny lobster in or from the EEZ at a time not 
authorized, as specified in Sec. 640.20(b)(4).
    (g) Fail to return immediately to the water a berried spiny lobster 
or slipper lobster; strip eggs from or otherwise molest a berried spiny 
lobster or slipper lobster; or possess a spiny lobster or slipper 
lobster, or part thereof, from which eggs, swimmerettes, or pleopods 
have been removed or stripped; as specified in Sec. 640.21(a).
    (h) Possess or fail to return immediately to the water unharmed a 
spiny lobster smaller than the minimum size limits specified in Sec. 
640.21 (b)(1) and (b)(3), except as provided in Sec. 640.21(c).
    (i) Harvest or attempt to harvest a spiny lobster by diving without 
having and using in the water a measuring device, or fail to release an 
undersized spiny lobster in the water, as specified in Sec. 
640.21(b)(2).
    (j) Possess an undersized spiny lobster for use as an attractant in 
a trap in quantities or under conditions not authorized in Sec. 
640.21(c).
    (k) Possess a separated spiny lobster tail, except as specified in 
Sec. 640.21(d).
    (l) Possess a spiny lobster harvested by prohibited gear or methods; 
or possess on board a fishing vessel any dynamite or similar explosive 
substance; as specified in Sec. 640.20(b) and Sec. 640.22 (a)(1) and 
(a)(3).
    (m) Use or possess in the EEZ a spiny lobster trap that does not 
meet the requirements specified in Sec. 640.22(b)(1).
    (n) Pull or tend a spiny lobster trap other than during daylight 
hours, as specified in Sec. 640.22(b)(2).
    (o) Pull or tend another person's spiny lobster trap, except as 
authorized in Sec. 640.22(b)(3).
    (p) Possess spiny lobsters in or from the EEZ in an amount exceeding 
the daily bag and possession limit specified in Sec. 640.23 (a), 
(b)(1), or (b)(2) except as authorized in Sec. 640.23(b)(3) and (b)(4).
    (q) Possess spiny lobsters aboard a vessel that uses or has on board 
a net or trawl in an amount exceeding the limits, as specified in Sec. 
640.23(b)(4).
    (r) Operate a vessel that fishes for or possesses spiny lobster in 
or from the EEZ with spiny lobster aboard in an

[[Page 376]]

amount exceeding the cumulative bag and possession limit, as specified 
in Sec. 640.23(d).
    (s) Transfer or receive at sea spiny lobster in or from the EEZ 
caught under the bag and possession limits, as specified in Sec. 
640.23(e).
    (t) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson-Stevens Act.
    (u) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of a spiny lobster.
    (v) Fish for any species or anchor a fishing vessel in a marine 
reserve as specified in Sec. 640.26.
    (w) Fail to comply with the spiny lobster import prohibitions, as 
specified in Sec. 640.27.

[57 FR 56520, Nov 30, 1992, as amended at 58 FR 38979, July 21, 1993; 58 
FR 61845, Nov. 23, 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41831, Aug. 
14, 1995; 67 FR 47469, July 19, 2002; 74 FR 1152, Jan. 12, 2009]



Sec. 640.8  Facilitation of enforcement.

    See Sec. 600.730 of this chapter.

[74 FR 1152, Jan. 12, 2009]



Sec. 640.9  Penalties.

    See Sec. 600.735 of this chapter.

[74 FR 1152, Jan. 12, 2009]



                      Subpart B_Management Measures

    Source: 57 FR 56520, Nov. 30, 1992, unless otherwise noted.



Sec. 640.20  Seasons.

    (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 Sec. 640.22(a) 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 Sec. 640.22(a) 
for general 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 46-24.005(3), (4), and (5), Florida 
Administrative Code, in effect as of June 1, 1994, apply in their 
entirety to the possession of spiny lobster traps in the EEZ off 
Florida. 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. Copies may be obtained from the Florida Marine 
Fisheries Commission, 2540 Executive Center Circle West, Suite 106, 
Tallahassee, FL 32301; telephone: 904-487-0554. Copies may be inspected 
at the Office of the Regional Administrator; the Office of Fisheries 
Conservation and Management, NMFS, 1315 East-West Highway, Silver 
Spring, MD; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.
    (ii) In the EEZ off the Gulf states, other than Florida, a spiny 
lobster trap may be placed in the water prior to the

[[Page 377]]

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.
    (iii) A spiny lobster trap, buoy, or rope in the EEZ off Florida or 
in the EEZ off the Gulf states, other than Florida, during periods not 
authorized in paragraphs (b)(3)(i) and (b)(3)(ii) of this section 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 
Sec. 640.20, 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.

[60 FR 41831, Aug. 14, 1995, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 640.21  Harvest limitations.

    (a) Berried lobsters. A berried (egg-bearing) spiny lobster or 
slipper 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 
or slipper lobster may not be retained in the trap. A berried spiny 
lobster or slipper lobster in or from the EEZ may not be stripped of its 
eggs or otherwise molested. The possession of a spiny lobster or slipper 
lobster, or part thereof, in or from the EEZ from which eggs, 
swimmerettes, or pleopods have been removed or stripped is prohibited.
    (b) 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).
    (c) Undersized attractants. A live spiny lobster under the minimum 
size limit specified in paragraph (b)(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 provided it is held in 
a live well aboard the vessel. No more than fifty undersized spiny 
lobsters, or 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.
    (d) Tail separation. 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

[[Page 378]]

a Federal tail-separation permit specified in Sec. 640.4(a)(2) has been 
issued to and is on board the vessel.

[57 FR 56520, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994]



Sec. 640.22  Gear and diving restrictions.

    (a) Prohibited gear and methods. (1) 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)(1), 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.
    (2) A spiny lobster may not be taken in a directed fishery by the 
use of a net or trawl. See Sec. 640.23(d) for the bycatch limits 
applicable to a vessel that uses or has on board a net or trawl.
    (3) Poisons and explosives may not be used to take a spiny lobster 
or slipper lobster in the EEZ. For the purposes of this paragraph 
(a)(3), chlorine, bleach, and similar substances, which are used to 
flush a spiny lobster out of rocks or coral, are poisons. A vessel in 
the spiny lobster or slipper lobster fishery may not possess on board in 
the EEZ any dynamite or similar explosive substance.
    (b) Traps. (1) 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.
    (2) 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.
    (3) A spiny lobster trap in the EEZ may be pulled or tended only by 
the owner's vessel, or by a vessel for which permission to pull or work 
traps belonging to another person has been granted--
    (i) For traps in the EEZ off Florida, by the Florida Division of Law 
Enforcement, Department of Environmental Protection, in accordance with 
the procedures in Rule 46-24.006(7), Florida Administrative Code, in 
effect as of June 1, 1994. 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. Copies may be obtained from the 
Florida Marine Fisheries Commission, 2540 Executive Center Circle West, 
Suite 106, Tallahassee, FL 32301; telephone: 904-487-0554. Copies may be 
inspected at the Office of the Regional Administrator; the Office of 
Fisheries Conservation and Management, NMFS, 1315 East-West Highway, 
Silver Spring, MD; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (ii) For traps in the EEZ, other than off Florida, by the Regional 
Administrator, as may be arranged upon written request.

[57 FR 56520, Nov. 30, 1992, as amended at 58 FR 38980, July 21, 1993; 
60 FR 41831, Aug. 14, 1995; 69 FR 18803, Apr. 9, 2004]



Sec. 640.23  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 Sec. 640.20(b)(1), the daily 
bag or possession limit of spiny lobster in

[[Page 379]]

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 Sec. 640.20(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.
    (3) Exemption from the bag/possession limit. During the commercial 
and recreational fishing season specified in Sec. 640.20(b)(1), a 
person is exempt from the bag and possession limit specified in 
paragraph (a) 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 Sec. 
640.4(a)(1).
    (4) Harvest by net or trawl. During the commercial and recreational 
fishing season specified in Sec. 640.20(b)(1), aboard a vessel with the 
required licenses, certificates, or permits specified in Sec. 
640.4(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 Sec. 640.4(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 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.

[60 FR 41831, Aug. 14, 1995]



Sec. 640.24  Authorized activities.

    The Assistant Administrator may authorize, for the acquisition of 
information and date, activities otherwise prohibited by the regulations 
in this part.

[57 FR 56520, Nov. 30, 1992, as amended at 60 FR 41832, Aug. 14, 1995]



Sec. 640.25  Adjustment of management measures.

    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: 
definitions of essential fish habitat, Essential Fish Habitat-Habitat 
Areas of Particular Concern, Coral-Habitat Areas of Particular Concern, 
biomass levels, age-structured analyses, limits on the number of traps 
fished by each vessel, construction

[[Page 380]]

characteristics of traps, specification of gear and vessel 
identification requirements, specification of allowable or prohibited 
gear in a directed fishery, specification of bycatch levels in non-
directed fisheries, changes to soak or removal periods and requirements 
for traps, recreational bag and possession limits, changes in fishing 
seasons, limitations on use, possession, and handling of undersized 
lobsters, and changes in minimum size.

[65 FR 37296, June 14, 2000]



Sec. 640.26  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[deg]40[min]00[min] N. lat., 83[deg]06[min]00[min] W. long. to point B 
at 24[deg]46[min]00[min] N. lat., 83[deg]06[min]00[min] W. long. to 
point C at 24[deg]46[min]00[min] N. lat., 83[deg]00[min]00[min] 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[deg]40[min]00[min] N. lat., 83[deg]06[min]00[min] 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[deg]33[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
B...........................................  24[deg]33[mi  83[deg]05[mi
                                                 n]00[min]     n]00[min]
C...........................................  24[deg]18[mi  83[deg]05[mi
                                                 n]00[min]     n]00[min]
D...........................................  24[deg]18[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
A...........................................  24[deg]33[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
------------------------------------------------------------------------


[67 FR 47469, July 19, 2002]



Sec. 640.27  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 Sec. 622.50 of this chapter 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.
    (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.

[74 FR 1152, Jan. 12, 2009]

[[Page 381]]



                        Sec. Figure 1 to Part 640
[GRAPHIC] [TIFF OMITTED] TR26SE01.001


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

                           PART 644 [RESERVED]



PART 648_FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents




                      Subpart A_General Provisions

Sec.
648.1 Purpose and scope.
648.2 Definitions.
648.3 Relation to other laws.
648.4 Vessel permits.
648.5 Operator permits.
648.6 Dealer/processor permits.
648.7 Recordkeeping and reporting requirements.
648.8 Vessel identification.
648.9 VMS vendor and unit requirements.
648.10 VMS and DAS requirements for vessel owners/operators.
648.11 At-sea sea sampler/observer coverage.
648.12 Experimental fishing.
648.13 Transfers at sea.
648.14 Prohibitions.
648.15 Facilitation of enforcement.
648.16 Penalties.
648.17 Exemptions for vessels fishing in the NAFO Regulatory Area.
648.18 Standardized bycatch reporting methodology.

  Subpart B_Management Measures for the Atlantic Mackerel, Squid, and 
                          Butterfish Fisheries

648.20 Maximum optimum yield (OYs).
648.21 Procedures for determining initial annual amounts.
648.22 Closure of the fishery.
648.23 Gear restrictions.
648.24 Framework adjustments to management measures.
648.25 Possession restrictions.

            Subpart C_Management Measures for Atlantic Salmon

648.40 Prohibition on possession.
648.41 Framework specifications.

   Subpart D_Management Measures for the Atlantic Sea Scallop Fishery

648.50 Shell-height standard.
648.51 Gear and crew restrictions.
648.52 Possession and landing limits.
648.53 DAS allocations.
648.54 State waters exemption.
648.55 Framework adjustments to management measures.
648.56 Scallop research.
648.57 Sea Scallop area rotation program.
648.58 Rotational closed areas.
648.59 Sea Scallop access areas.
648.60 Sea Scallop area access program requirements.
648.61 EFH closed areas.
648.62 Northern Gulf of Maine (NGOM) scallop management area.
648.63 General category Sectors and harvesting cooperatives.

   Subpart E_Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries

648.70 Annual individual allocations.
648.71 Catch quotas.
648.72 Minimum surf clam size.

[[Page 382]]

648.73 Closed areas.
648.74 Shucking at sea.
648.75 Cage identification.
648.76 Maine mahogany quahog zone.
648.77 Framework adjustments to management measures.

   Subpart F_Management Measures for the NE Multispecies and Monkfish 
                                Fisheries

648.80 NE Multispecies regulated mesh areas and restrictions on gear and 
          methods of fishing.
648.81 NE multispecies closed areas and measures to protect EFH.
648.82 Effort-control program for NE multispecies limited access 
          vessels.
648.83 Multispecies minimum fish sizes.
648.84 Gear-marking requirements and gear restrictions.
648.85 Special management programs.
648.86 NE Multispecies possession restrictions.
648.87 Sector allocation.
648.88 Multispecies open access permit restrictions.
648.89 Recreational and charter/party vessel restrictions.
648.90 NE Multispecies assessment, framework procedures and 
          specifications, and flexible area action system.
648.91 Monkfish regulated mesh areas and restrictions on gear and 
          methods of fishing.
648.92 Effort-control program for monkfish limited access vessels.
648.93 Monkfish minimum fish sizes.
648.94 Monkfish possession and landing restrictions.
648.95 Offshore Fishery Program in the SFMA.
648.96 Monkfish annual adjustment process and framework specifications.
648.97 Closed areas.

      Subpart G_Management Measures for the Summer Flounder Fishery

648.100 Catch quotas and other restrictions.
648.101 Closures.
648.102 Time restrictions.
648.103 Minimum fish sizes.
648.104 Gear restrictions.
648.105 Possession restrictions.
648.106 Sea turtle conservation.
648.107 Conservation equivalent measures for the summer flounder 
          fishery.
648.108 Framework adjustments to management measures.

           Subpart H_Management Measures for the Scup Fishery

648.120 Catch quotas and other restrictions.
648.121 Closures.
648.122 Season and area restrictions.
648.123 Gear restrictions.
648.124 Minimum fish sizes.
648.125 Possession limit.
648.126 Protection of threatened and endangered sea turtles.
648.127 Framework adjustments to management measures.

      Subpart I_Management Measures for the Black Sea Bass Fishery

648.140 Catch quotas and other restrictions.
648.141 Closure.
648.142 Time restrictions.
648.143 Minimum sizes.
648.144 Gear restrictions.
648.145 Possession limit.
648.146 Special management zones.
648.147 Framework adjustments to management measures.

     Subpart J_Management Measures for the Atlantic Bluefish Fishery

648.160 Catch quotas and other restrictions.
648.161 Closures.
648.162 Minimum fish sizes.
648.163 Gear restrictions.
648.164 Possession restrictions.
648.165 Framework specifications.

     Subpart K_Management Measures for the Atlantic Herring Fishery

648.200 Specifications.
648.201 Closures and TAC controls.
648.202 Season and area restrictions.
648.203 Gear restrictions.
648.204 Possession restrictions.
648.205 VMS requirements.
648.206 Framework provisions.
648.207 Herring Research Set-aside (RSA)

       Subpart L_Management Measures for the Spiny Dogfish Fishery

648.230 Catch quotas and other restrictions.
648.231 Closures.
648.232 Time Restrictions. [Reserved]
648.233 Minimum Fish Sizes. [Reserved]
648.234 Gear restrictions. [Reserved]
648.235 Possession and landing restrictions.
648.236 Special Management Zones. [Reserved]
648.237 Framework provisions.

Subpart M_Management Measures for the Atlantic Deep-Sea Red Crab Fishery

648.260 Specifications.
648.261 Framework adjustment process.
648.262 Effort-control program for red crab limited access vessels.
648.263 Red crab possession and landing restrictions.
648.264 Gear requirements/restrictions.

[[Page 383]]

         Subpart N_Management Measures for the Tilefish Fishery

648.290 Individual fishing quota program and other restrictions.
648.291 Individual fishing quota.
648.292 Tilefish trip limits.
648.293 Framework specifications.
648.294 Framework specifications.
648.295 Recreational possession limit.
648.296 Gear restricted areas.

    Subpart O_Management Measures for the NE Skate Complex Fisheries

648.320 Skate FMP review and monitoring.
648.321 Framework adjustment process.
648.322 Skate possession and landing restrictions.

Figure 1 to Part 648

    Authority: 16 U.S.C. 1801 et seq.

    Source: 61 FR 34968, July 3, 1996, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 648 appear at 62 FR 
14651, Mar. 27, 1997.



                      Subpart A_General Provisions



Sec. 648.1  Purpose and scope.

    (a) This part implements the fishery management plans (FMPs) for the 
Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel, 
Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the 
Atlantic sea scallop fishery (Scallop FMP); the Atlantic surf clam and 
ocean quahog fisheries (Atlantic Surf Clam and Ocean Quahog FMP); the NE 
multispecies and monkfish fisheries ((NE Multispecies FMP) and (Monkfish 
FMP)); the summer flounder, scup, and black sea bass fisheries (Summer 
Flounder, Scup, and Black Sea Bass FMP); the Atlantic bluefish fishery 
(Atlantic Bluefish FMP); the Atlantic herring fishery (Atlantic Herring 
FMP); the spiny dogfish fishery (Spiny Dogfish FMP); the Atlantic deep-
sea red crab fishery (Deep-Sea Red Crab FMP); the tilefish fishery 
(Tilefish FMP); and the NE skate complex fisheries (Skate FMP). These 
FMPs and the regulations in this part govern the conservation and 
management of the above named fisheries of the Northeastern United 
States.
    (b) This part governs domestic fishing only. Foreign fishing is 
governed under subpart F of part 600 of this chapter.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43424, Aug. 23, 1996; 62 
FR 13299, Mar. 20, 1997; 65 FR 1568, Jan. 11, 2000; 65 FR 77464, Dec. 
11, 2000; 66 FR 49192, Sept. 26, 2001; 67 FR 63229, Oct. 10, 2002; 68 FR 
49699, Aug. 19, 2003]



Sec. 648.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 
600.10 of this chapter, the terms used in this part have the following 
meanings:
    Alewife means Alosa pseudoharengus.
    American lobster or lobster means Homarus americanus.
    American shad means Alosa sapidissima.
    Atlantic butterfish or butterfish means Peprilus triacanthus.
    Atlantic croaker means Micropogonias undulatus.
    Atlantic deep-sea red crab (red crab) means Chaceon quinquedens.
    Atlantic hagfish means Myxine glutinosa.
    Atlantic herring means Clupea harengus.
    Atlantic herring carrier means a fishing vessel that may receive and 
transport herring caught by another fishing vessel, provided the vessel 
has been issued a herring permit, does not have any gear on board 
capable of catching or processing herring, and has on board a letter of 
authorization from the Regional Administrator to transport herring 
caught by another fishing vessel.
    Atlantic herring dealer means:
    (1) Any person who purchases or receives for a commercial purpose 
other than solely for transport or pumping operations any herring from a 
vessel issued a Federal Atlantic herring permit, whether offloaded 
directly from the vessel or from a shore-based pump, for any purpose 
other than for the purchaser's own use as bait; or
    (2) Any person owning or operating a processing vessel that receives 
any Atlantic herring from a vessel issued a Federal Atlantic herring 
permit whether at sea or in port.
    Atlantic herring processor means a person who receives unprocessed 
Atlantic herring from a fishing vessel issued a Federal Atlantic herring 
permit or from an Atlantic herring dealer for the purposes of 
processing; or the owner or

[[Page 384]]

operator of a fishing vessel that processes Atlantic herring; or an 
Atlantic herring dealer who purchases Atlantic herring from a fishing 
vessel with a Federal Atlantic herring permit for resale as bait.
    Atlantic mackerel or mackerel means Scomber scombrus.
    Atlantic Mackerel, Squid, and Butterfish Monitoring Committee means 
the committee made up of staff representatives of the MAFMC and the 
NEFMC, and the Northeast Regional Office and NEFSC of NMFS. The MAFMC 
Executive Director or a designee chairs the Committee.
    Atlantic salmon means Salmo salar.
    Atlantic sea scallop or scallop means Placopecten magellanicus, 
throughout its range.
    Beam trawl means gear, consisting of a twine bag attached to a beam 
attached to a towing wire, designed so that the beam does not contact 
the bottom. The beam is constructed with sinkers or shoes on either side 
that support the beam above the bottom or any other modification so that 
the beam does not contact the bottom. The beam trawl is designed to 
slide along the bottom rather than dredge the bottom.
    Black sea bass means Centropristis striata.
    Black Sea Bass Monitoring Committee means a committee made up of 
staff representatives of the Mid-Atlantic, New England, and South 
Atlantic Fishery Management Councils, the Northeast Regional Office of 
NMFS, the Northeast Fisheries Science Center, and Commission 
representatives. The Council Executive Director or his designee chairs 
the Committee.
    Black sea bass pot or black sea bass trap means any such gear used 
in catching and retaining black sea bass.
    Blowfish (puffer) means any species in the family Tetraodontidae.
    Bluefish means Pomotomus saltatrix.
    Bluefish Monitoring Committee means a committee made up of staff 
representatives of the Mid-Atlantic Fishery Management Council, the New 
England Fishery Management Council, and South Atlantic Fishery 
Management Council, the NMFS Northeast Regional Office, the NMFS 
Northeast Fisheries Science Center, and the Commission. The Mid-Atlantic 
Fishery Management Council's Executive Director or a designee chairs the 
committee.
    Bonito means Sarda sarda.
    Border transfer (BT) means the amount of herring specified pursuant 
to Sec. 648.200 that may be transferred to a Canadian transport vessel 
that is permitted under the provisions of Pub. L. 104-297, section 
105(e).
    Bottom-tending mobile gear, with respect to the NE multispecies 
fishery, means gear in contact with the ocean bottom, and towed from a 
vessel, which is moved through the water during fishing in order to 
capture fish, and includes otter trawls, beam trawls, hydraulic dredges, 
non-hydraulic dredges, and seines (with the exception of a purse seine).
    Brush-sweep trawl gear means trawl gear consisting of alternating 
roller discs and bristle brushes that are strung along cables, chains, 
or footropes, and aligned together to form the sweep of the trawl net, 
designed to allow the trawl sweep to maintain contact with the ocean 
floor, or any modification to trawl gear that is substantially similar 
in design or effect.
    Bushel (bu) means a standard unit of volumetric measurement deemed 
to hold 1.88 ft\3\ (53.24 L) of surfclams or ocean quahogs in shell, or 
1.24 ft\3\ (35.24 L) of in-shell Atlantic sea scallops.
    Cage means a container with a standard unit of volumetric 
measurement containing 60 ft\3\ (1,700 L). The outside dimensions of a 
standard cage generally are 3 ft (91 cm) wide, 4 ft (122 cm) long, and 5 
ft (152 cm) high.
    Chafing gear or cookies, with respect to the scallop fishery, means 
steel, rubberized or other types of donut rings, disks, washers, twine, 
or other material attached to or between the steel rings of a sea 
scallop dredge.
    Charter or party boat means any vessel that carries passengers for 
hire to engage in recreational fishing and, with respect to 
multispecies, that is not fishing under a DAS.
    Circle hook, with respect to the NE multispecies fishery, means a 
fishing hook with the point turned perpendicularly back to the shank, or 
an offset circle hook where the barbed end of the

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hook is displaced relative to the parallel plane of the eyed-end, or 
shank, of the hook when laid on its side.
    Combination vessel means a vessel that has fished in any one 
calendar year with scallop dredge gear and otter trawl gear during the 
period 1988 through 1990, and that is eligible for an allocation of 
individual DAS under the NE Multispecies FMP and has applied for or been 
issued a limited access scallop permit.
    Commercial fishing or fishing commercially means fishing that is 
intended to, or results in, the barter, trade, transfer, or sale of 
fish.
    Commission means the Atlantic States Marine Fisheries Commission.
    Conger eel means Conger oceanicus.
    Council means the New England Fishery Management Council (NEFMC) for 
the Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, 
NE multispecies, monkfish, and NE skate fisheries; or the Mid-Atlantic 
Fishery Management Council (MAFMC) for the Atlantic mackerel, squid, and 
butterfish; Atlantic surf clam and ocean quahog; summer flounder, scup, 
and black sea bass; spiny dogfish; Atlantic bluefish; and tilefish 
fisheries.
    Councils with respect to the monkfish fishery and spiny dogfish 
fishery means the New England Fishery Management Council (NEFMC) and the 
Mid-Atlantic Fishery Management Council (MAFMC).
    Cunner means Tautogolabrus adspersus.
    DAS flip, with respect to the NE multispecies fishery, means ending 
fishing under a Regular B DAS and beginning fishing under a Category A 
DAS.
    DAS Lease, with respect to the NE multispecies limited access 
fishery, means the transfer of the use of DAS from one limited access NE 
multispecies vessel to another limited access NE multispecies vessel for 
a period not to exceed a single fishing year.
    DAS Lessee, with respect to the NE multispecies limited access 
fishery, means the NE multispecies limited access vessel owner and/or 
the associated vessel that acquires the use of DAS from another NE 
multispecies limited access vessel.
    DAS Lessor, with respect to the NE multispecies limited access 
fishery, means the NE multispecies limited access vessel owner and/or 
the associated vessel that transfers the use of DAS to another NE 
multispecies limited access vessel.
    Day(s)-at-Sea (DAS), with respect to the NE multispecies and 
monkfish fisheries (except as described in Sec. 648.82(k)(1)(iv)), 
Atlantic sea scallop fishery, and Atlantic deep-sea red crab fishery, 
means the 24-hour period of time or any part thereof during which a 
fishing vessel is absent from port to fish for, possess, or land, or 
fishes for, possesses or lands, regulated species, monkfish, scallops, 
or red crabs. With respect to the red crab fishery, any portion of a 
calendar day in which a vessel is declared into the red crab DAS 
fishery, shall count as a full DAS.
    Dealer means any person who receives, for a commercial purpose 
(other than solely for transport on land), from the owner or operator of 
a vessel issued a valid permit under this part, any species of fish, the 
harvest of which is managed by this part, unless otherwise exempted in 
this part.
    Dealer code means a confidential five-digit number assigned to each 
dealer required to submit purchases using the IVR system for the purpose 
of maintaining the integrity of the data reported through the IVR 
system.
    De-hooker, with respect to the NE multispecies hook gear fishery, 
means the fairlead rollers when used in a manner that extracts fish 
hooks from caught fish, also known as ``crucifiers.''
    Dredge or dredge gear, with respect to the scallop fishery, means 
gear consisting of a mouth frame attached to a holding bag constructed 
of metal rings, or any other modification to this design, that can be or 
is used in the harvest of scallops.
    Dredge bottom, with respect to scallops, means the rings and links 
found between the bail of the dredge and the club stick, which, when 
fishing, would be in contact with the sea bed. This includes the 
triangular shaped portions of the ring bag commonly known as 
``diamonds.''
    Dredge top, with respect to the scallop fishery, means the mesh 
panel in

[[Page 386]]

the top of a dredge and immediately adjacent rings and links found 
between the bail of the dredge, the club stick, and the two side panels. 
The bail of the dredge is the rigid structure of the forward portion of 
the dredge that connects to the warp and holds the dredge open. The club 
stick is the rigid bar at the tail of the dredge bag that is attached to 
the rings.
    Dredge vessel, with respect to the scallop fishery, means any 
fishing vessel that is equipped for fishing using dredge gear and that 
is capable of catching scallops.
    Exempted gear, with respect to the NE multispecies fishery, means 
gear that is deemed to be not capable of catching NE multispecies, and 
includes: Pelagic hook and line, pelagic longline, spears, rakes, diving 
gear, cast nets, tongs, harpoons, weirs, dipnets, stop nets, pound nets, 
pelagic gillnets, pots and traps, shrimp trawls (with a properly 
configured grate as defined under this part), and surfclam and ocean 
quahog dredges.
    Fishing circle, with respect to the NE multispecies limited access 
fishery, means the calculated circumference of a bottom trawl based on 
the number of meshes and stretched mesh length at the narrow, aft end of 
the square of the net.
    Fishing trip or trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel returns to port.
    Fishing year means:
    (1) For the Atlantic sea scallop and Atlantic deep-sea red crab 
fisheries, from March 1 through the last day of February of the 
following year.
    (2) For the NE multispecies, monkfish and skate fisheries, from May 
1 through April 30 of the following year.
    (3) For the tilefish fishery, from November 1 through October 31 of 
the following year.
    (4) For all other fisheries in this part, from January 1 through 
December 31.
    Fixed gear, for the purposes of the Atlantic herring fishery, means 
weirs or stop seines.
    Flatfish gillnets means gillnets that are either constructed with no 
floats on the float line, or that are constructed with floats on the 
float line and that have tie-down twine between the float line and the 
lead line not more than 48 inches (18.90 cm) in length and spaced not 
more than 15 feet (4.57 m) apart.
    FMP means fishery management plan.
    Fourspot flounder means Paralichthys oblongus.
    Full-processing (fully process or fully processed), with respect to 
the Atlantic deep-sea red crab fishery, means any activity that removes 
meat from any part of a red crab.
    Gillnet gear capable of catching multispecies means all gillnet gear 
except pelagic gillnet gear specified at Sec. 648.81(f)(2)(ii) and 
pelagic gillnet gear that is designed to fish for and is used to fish 
for or catch tunas, swordfish, and sharks.
    Gross registered tonnage (GRT) means the gross registered tonnage 
specified on the USCG documentation for a vessel.
    Hagfish means Myxine glutinosa.
    Hail Weight means a good-faith estimate in pounds (or count of 
individual fish, if a party or charter vessel), by species, of all 
species, or parts of species, such as monkfish livers, landed or 
discarded for each trip.
    Handgear, with respect to the NE multispecies fishery, means 
handline gear, rod and reel gear, and tub-trawl gear.
    Handline or handline gear means fishing gear that is released by 
hand and consists of one main line to which is attached no more than two 
leaders for a total of no more than three hooks. Handlines are retrieved 
only by hand, not by mechanical means.
    Harbor porpoise means Phocoena phocoena.
    Harbor Porpoise Review Team (HPRT) means a team of scientific and 
technical experts appointed by the NEFMC to review, analyze, and propose 
harbor porpoise take mitigation alternatives.
    Herring means Atlantic herring, Clupea harengus, or blueback 
herring, Alosa aestivalis.
    Hickory shad means Alosa mediocris.
    Hook gear means fishing gear that is comprised of a hook or hooks 
attached

[[Page 387]]

to a line and includes, but is not limited to, longline, setline, jigs, 
troll line, rod and reel, and line trawl.
    Illex means Illex illecebrosus (short-finned or summer squid).
    Incidental Total Allowable Catch (TAC), with respect to the NE 
multispecies fishery, means the total amount of catch (both kept and 
discarded) of a regulated groundfish stock of concern that can be taken 
by vessels fishing under Category B DAS.
    Individual Transferable Quota (ITQ) Program means, for the Atlantic 
surfclam and ocean quahog fishery, the annual individual allocation of 
quota specified at Sec. 648.70.
    Inshore exempted species means the following species:

Bay scallop--Aequipecten irradians.
Blood arc clam--Anadara ovalis.
Blood worm--Glycera dibranchiata.
Blue crab--Callinectes similis and Callinectes sapidus.
Blue mussel--Mytilus edulis.
Green crab--Carcinus maenas.
Hermit crab--Clibanarius vittatus, Pagurus pollicaris and Pagurus 
longicarpus.
Japanese shore crab--Hemigrapsus sanguineus.
Oyster--Crassostrea virginica and Ostrea edulis.
Quahog--Mercenaria mercenaria.
Razor clam--Ensis directus.
Sand worm--Neresis virens.
Soft clam--Mya arenaria.
Spider crabLibinia emarginata.

    IVR System means the Interactive Voice Response reporting system 
established by the Regional Administrator for the purpose of monitoring 
harvest levels for certain species.
    Jigging, with respect to the NE multispecies fishery, means fishing 
for regulated species with handgear, handline, or rod and reel using a 
jig, which is a weighted object attached to the bottom of the line used 
to sink the line and/or imitate a baitfish, which is moved (``jigged'') 
with an up and down motion.
    John Dory means Zenopsis conchifera.
    JVPt, with respect to the Atlantic herring fishery, means the 
specification of the total amount of herring available for joint venture 
processing by foreign vessels in the EEZ and state waters.
    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.
    Lessee means a vessel owner who receives temporarily transferred NE 
multispecies DAS from another vessel through the DAS Leasing Program 
specified at Sec. 648.82(k).
    Lessor means a vessel owner who temporarily transfers NE 
multispecies DAS to another vessel through the DAS Leasing Program 
specified at Sec. 648.82(k).
    Limited access general category (LAGC) scallop vessel means a vessel 
that has been issued an individual fishing quota (IFQ), Northern Gulf of 
Maine (NGOM), or incidental catch LAGC scallop permit pursuant to Sec. 
648.4(a)(2)(ii). An LAGC scallop vessel may also be issued a limited 
access scallop permit.
    Limited access herring vessel means a vessel that has been issued a 
valid permit for any type of limited access herring vessel permit 
described in Sec. 648.4.
    Limited access scallop vessel means a vessel that has been issued a 
limited access full-time, part-time, or occasional scallop permit 
pursuant to Sec. 648.4(a)(2)(i). A limited access scallop vessel may 
also be issued an LAGC scallop permit.
    Liner means a piece of mesh or any other material rigged inside or 
outside the main or outer net or dredge that restricts the mesh or ring 
size or otherwise reduces escapement.
    Link, with respect to the sea scallop fishery, means the material, 
usually made of a \3/8\-inch (10-mm) or \7/16\-inch (11-mm) diameter 
metal rod, that joins two adjacent rings within the ring bag of a 
dredge.
    Little tunny means Euthynnus alleteratus.
    Loligo means Loligo pealei (long-finned or bone squid).
    Longhorn sculpin means Myoxocephalus octodecimspinosus.
    Longline gear means fishing gear that is or is designed to be set 
horizontally, either anchored, floating, or attached to a vessel, and 
that consists of a main or ground line with three or more gangions and 
hooks.
    Mahogany Quahog see Ocean Quahog
    Maine bushel means a standard unit of volumetric measurement equal 
to 1.2445 cubic feet (35.24 L) of ocean quahogs in the shell.
    Maine mahogany quahog zone means the area bounded on the east by the

[[Page 388]]

U.S.-Canada maritime boundary, on the south by a straight line at 
43[deg]50[min] N. latitude, and on the north and west by the shoreline 
of Maine.
    Menhaden means Atlantic menhaden, Brevoortia tyrannus.
    Midwater trawl gear means trawl gear that is designed to fish for, 
is capable of fishing for, or is being used to fish for pelagic species, 
no portion of which is designed to be or is operated in contact with the 
bottom at any time. The gear may not include discs, bobbins, or rollers 
on its footrope, or chafing gear as part of the net.
    Mobile gear means trawls, beam trawls, and dredges that are designed 
to maneuver with that vessel.
    Monkfish, also known as anglerfish or goosefish, means Lophius 
americanus.
    Monkfish gillnets means gillnet gear with mesh size no smaller than 
10-inches (25.4 cm) diamond mesh that is designed and used to fish for 
and catch monkfish while fishing under a monkfish DAS.
    Monkfish Monitoring Committee means a team of scientific and 
technical staff appointed by the NEFMC and MAFMC to review, analyze, and 
recommend adjustments to the management measures. The team consists of 
staff from the NEFMC and the MAFMC, NMFS Northeast Regional Office, 
NEFSC, the USCG, two fishing industry representatives selected by their 
respective Council chairman (one from each management area with at least 
one of the two representing either the Atlantic sea scallop or northeast 
multispecies fishery), and staff from affected coastal states, appointed 
by the Atlantic States Marine Fisheries Commission. The Chair is elected 
by the Committee from within its ranks, subject to the approval of the 
Chairs of the NEFMC and MAFMC.
    MCSP means a Mobile Communications Service Provider, which is an 
operator of a mobile communications service used to provide wireless 
connectivity between mobile platforms and fixed platforms, and enables 
location transmission and two-way message exchange between the vessel 
and NMFS, when using a compatible MTU.
    MTU means a Mobile Transmitting Unit, which is a transceiver or 
communications device, including antennae, dedicated message terminal 
and display, and an input device such as a keyboard installed on a 
fishing vessel participating in the VMS program.
    Mullet means any species in the family Mugilidae.
    Multispecies frames, also known as multispecies racks, means the 
remains of the multispecies finfish after it has been filleted or 
processed, not including the fillet.
    Multispecies Monitoring Committee means a team of scientific and 
technical staff appointed by the NEFMC to review, analyze, and recommend 
adjustments to the measurement measures. The team consists of staff from 
the NEFMC and the MAFMC, NMFS Northeast Region Office, NEFSC, the USCG, 
an industry representative, and no more than two representatives, 
appointed by the Commission, from affected states.
    NAFO means Northwest Atlantic Fisheries Organization.
    NAFO Convention Area means the waters of the Northwest Atlantic 
Ocean north of 35[deg]00[min] N. lat. and west of a line extending due 
north from 35[deg]00[min] N. lat. and 42[deg]00[min] W. long. to 
59[deg]00[min] N. lat., thence due west to 44[deg]00[min] W. long., and 
thence due north to the coast of Greenland and the waters of the Gulf of 
St. Lawrence, Davis Strait and Baffin Bay south of 78[deg]10[min] N. 
lat.
    NAFO Regulatory Area means the part of the NAFO Convention Area 
which lies beyond the 200-mile zone of the coastal states.
    NEFSC means the Northeast Fisheries Science Center, NMFS.
    NE Skate Complex (skates) means Leucoraja ocellata (winter skate); 
Dipturis laevis (barndoor skate); Amblyraja radiata (thorny skate); 
Malacoraja senta (smooth skate); Leucoraja erinacea(little skate); Raja 
eglanteria (clearnose skate); and Leucoraja garmani (rosette skate).
    Net tonnage (NT) means the net tonnage specified on the USCG 
documentation for a vessel.
    Non-exempt gillnet fishery means a fishery which uses gillnet gear 
capable of catching multispecies.
    Non-exempt species means species of fish not included under the GOM, 
GB and SNE Regulated Mesh Area exempted fisheries, as specified in Sec. 
648.80(a)(5);

[[Page 389]]

(a)(6); (a)(9) through (14); (b)(3)(i) and (ii); (b)(5) through (8); and 
(d), (e), (h), and (i).
    Northeast (NE) multispecies or multispecies means the following 
species:

American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Atlantic halibut--Hippoglossus hippoglossus.
Haddock--Melanogrammus aeglefinus.
Ocean Pout--Macrozoarces americanus.
Offshore Hake--Merluccius albidus.
Pollock--Pollachius virens.
Redfish--Sebastes fasciatus.
Red hake--Urophycis chuss.
Silver hake (whiting)--Merluccius bilinearis.
White hake--Urophycis tenuis.
Windowpane flounder--Scophthalmus aquosus.
Winter flounder--Pleuronectes americanus.
Witch flounder--Glyptocephalus cynoglossus.
Yellowtail flounder--Pleuronectes ferruginea.

    Northern shrimp means Pandalus borealis.
    Ocean quahog means the species Arctica islandica.
    Offload or offloading means to begin to remove, to remove, to pass 
over the rail, or otherwise take away fish from any vessel. For purposes 
of the surf clam and ocean quahog fishery, it means to separate 
physically a cage from a vessel, such as by removing the sling or wire 
used to remove the cage from the harvesting vessel.
    Open areas, with respect to the Atlantic sea scallop fishery, means 
any area that is not subject to restrictions of the Sea Scallop Access 
Areas specified in Sec. Sec. 648.59 and 648.60, Rotational Closed Areas 
specified in Sec. 648.58, or EFH Closed Areas specified in Sec. 
648.61.
    Operator means the master, captain, or other individual on board a 
fishing vessel, who is in charge of that vessel's operations.
    Out of the monkfish fishery means the period of time during which a 
vessel is not fishing for monkfish under the monkfish DAS program.
    Out of the multispecies fishery means the period of time during 
which a vessel is not fishing for regulated species under the NE 
multispecies DAS program.
    Pair trawl or pair trawling means to tow a single net between two 
vessels.
    Parlor trap/pot means any structure or other device, other than a 
net, with more than one compartment inside designed to impede escape of 
lobsters or crabs from the device or structure, which is placed, or 
designed to be placed, on the ocean bottom and is designed for, or is 
capable of, catching lobsters and/or red crabs.
    Pelagic hook and line gear means handline or rod and reel gear that 
is designed to fish for, or that is being used to fish for, pelagic 
species, no portion of which is designed to be or is operated in contact 
with the bottom at any time.
    Pelagic longline gear means fishing gear that is not fixed, nor 
designed to be fixed, nor anchored to the bottom and that consists of 
monofilament main line (as opposed to a cable main line) to which 
gangions are attached.
    Permit year means:
    (1) For the Atlantic sea scallop and Atlantic deep-sea red crab 
fisheries, from March 1 through the last day of February of the 
following year;
    (2) For all other fisheries in this part, from May 1 through April 
30 of the following year.
    Personal use, with respect to the surf clam or ocean quahog fishery, 
means harvest of surf clams or ocean quahogs for use as bait, for human 
consumption, or for other purposes (not including sale or barter) in 
amounts not to exceed 2 bu (106.48 L) per person per fishing trip.
    Person who receives bluefish for commercial purposes means any 
person (excluding representatives of governmental agencies) engaged in 
the sale, barter, or trade of bluefish received from a fisherman, or one 
who transports bluefish from a fisherman.
    Postmark means independently verifiable evidence of date of mailing, 
such as U.S. Postal Service postmark, United Parcel Service (U.P.S.) or 
other private carrier postmark, certified mail receipt, overnight mail 
receipt, or receipt received upon hand delivery to an authorized 
representative of NMFS.
    Prior to leaving port, with respect to the call-in notification 
system for NE multispecies, and the call-in notification system for 
monkfish vessels that are fishing under the limited access monkfish 
Category C, D, F, G, or H permit provisions that are also fishing under 
a NE multispecies DAS, means no more than 1 hour prior to the time

[[Page 390]]

a vessel leaves the last dock or mooring in port from which that vessel 
departs to engage in fishing, including the transport of fish to another 
port. With respect to the call-in notification system for monkfish 
vessels that are fishing under the limited access monkfish Category A or 
B permit provisions, it means prior to the last dock or mooring in port 
from which a vessel departs to engage in fishing, including the 
transport of fish to another port.
    Private recreational fishing vessel, with respect to the NE 
multispecies fishery, means a vessel engaged in recreational fishing 
that has not been issued a Federal NE multispecies permit, does not sell 
fish, and does not take passengers for hire.
    Processing, or to process, with respect to the Atlantic herring 
fishery, means the preparation of Atlantic herring to render it suitable 
for human consumption, bait, commercial uses, industrial uses, or long-
term storage, including but not limited to cooking, canning, roe 
extraction, smoking, salting, drying, freezing, or rendering into meat 
or oil.
    Processor, with respect to the Atlantic surf clam and ocean quahog 
fisheries, means a person who receives surf clams or ocean quahogs for a 
commercial purpose and removes them from a cage.
    Purse seine gear means an encircling net with floats on the top 
edge, weights and a purse line on the bottom edge, and associated gear, 
or any net designed to be, or capable of being, used in such fashion.
    Quota-managed species means any species of finfish managed under 
this part by an annual or seasonal quota, by annual target or actual 
TAC, or by DAH limits.
    Records, with respect to records required to be kept by Sec. 648.7, 
means those that include, but are not limited to, any written, recorded, 
graphic, electronic, or digital material; as well as other information 
stored in or accessible through a computer or other information 
retrieval system; worksheets; weighout slips; preliminary, interim, and 
final tally sheets; tags; notes; logbooks; statements; receipts; checks; 
ledgers; notebooks; diaries; spreadsheets; diagrams; graphs; charts; 
tapes; disks; or computer printouts.
    Recreational fishing means fishing that is not intended to, nor 
results in the barter, trade, or sale of fish.
    Recreational fishing vessel, with respect to the scup fishery, means 
any vessel from which no fishing other than recreational fishing is 
conducted. Charter and party boats are considered recreational fishing 
vessels for purposes of the scup minimum size requirement.
    Red Crab Management Unit means an area of the Atlantic Ocean from 
35[deg] 15.3[min] N. Lat., the approximate latitude of Cape Hatteras 
Light, NC, northward to the U.S.-Canada border, extending eastward from 
the shore to the outer boundary of the exclusive economic zone and 
northward to the U.S.-Canada border in which the United States exercises 
exclusive jurisdiction over all Atlantic deep-sea red crab fished for, 
possessed, caught, or retained in or from such area.
    Red crab trap/pot means any structure or other device, other than a 
net or parlor trap/pot, that is placed, or designed to be placed, on the 
ocean bottom and is designed for, or is capable of, catching red crabs.
    Regional Administrator means the Administrator, Northeast Region, 
NMFS, or a designee.
    Regulated fishery means any fishery of the United States which is 
regulated under the Magnuson-Stevens Act.
    Regulated species, means the subset of NE multispecies that includes 
Atlantic cod, witch flounder, American plaice, yellowtail flounder, 
haddock, pollock, winter flounder, windowpane flounder, redfish, and 
white hake, also referred to as regulated NE multispecies.
    Reporting month means the period of time beginning at 0001 hours 
local time on the first day of each calendar month and ending at 2400 
hours local time on the last day of each calendar month.
    Reporting week means the period of time beginning at 0001 local time 
on Sunday and ending at 2400 hours local time the following Saturday.
    Re-rig or re-rigged means physical alteration of the vessel or its 
gear in order to transform the vessel into one capable of fishing 
commercially for a species in the applicable fishery.
    Rigged hooks means hooks that are baited, or only need to be baited, 
in order to be fished. Unsecured, unbaited

[[Page 391]]

hooks and gangions are not considered to be rigged.
    Rockhopper and roller gear means trawl gear configured with disks, 
rollers, or other similar shaped devices that are attached to the bottom 
belly of the trawl, contact the sea bottom, and that are designed to 
raise the bottom panel of the trawl off the ocean bottom so as to enable 
the gear to be fished on hard bottom.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually operated reel attached.
    Rotational Closed Area, with respect to the Atlantic sea scallop 
fishery, means an area that is closed only to scallop fishing for a 
period defined in Sec. 648.58.
    Roundfish gillnets means gillnets that are constructed with floats 
on the float line and that have no tie-down twine between the float line 
and the lead line.
    Runaround gillnet or encircling gillnet means a rectangular net 
placed upright in the water column in a circular fashion with an opening 
equal to or less than 1/4 the length of the net or with an opening 
greater than 1/4 the length of the net, if the opening is obstructed in 
any fashion.
    Scallop dredge vessel means any fishing vessel, other than a 
combination vessel, that uses or is equipped to use scallop dredge gear.
    Scup means Stenotomus chrysops.
    Scup Monitoring Committee means a committee made up of staff 
representative of the MAFMC, NEFMC, South Atlantic Fishery Management 
Council, the NMFS Northeast Regional Office, the NEFSC, and the 
Commission. The MAFMC Executive Director or a designee chairs the 
committee.
    Scup pot or trap means a pot or trap used in catching and retaining 
scup.
    Sea Scallop Access Area, with respect to the Atlantic sea scallop 
fishery, means an area that has been designated under the Atlantic Sea 
Scallop Fishery Management Plan as an area with area-specific management 
measures that are designed to control fishing effort and mortality on 
only the portion of the scallop resource within the specified Sea 
Scallop Access Area. Such measures are not applicable in Open Areas 
defined above.
    Sea Scallop Plan Development Team (PDT) means a team of technical 
experts appointed by the NEFMC.
    Sea raven means Hemitripterus americanus.
    Searobin means any species of the family Triglidae.
    Sector, with respect to the NE multispecies fishery, means a group 
of vessels that have voluntarily signed a contract and agree to certain 
fishing restrictions, and that have been allocated a portion of the TAC 
of a species, or an allocation of DAS.
    Shucking or to shuck means opening or to open a scallop, surf clam, 
or ocean quahog and removing the meat or the adductor muscle from the 
shell.
    Shucking machine means any mechanical device that automatically 
removes the meat or the adductor muscle from a scallop, surf clam, or 
ocean quahog shell.
    Sink gillnet or bottom-tending gillnet means any gillnet, anchored 
or otherwise, that is designed to be, or is fished on or near, the 
bottom in the lower third of the water column.
    Skate means members of the Family Rajidae, including: Leucoraja 
ocellata (winter skate); Dipturis laevis (barndoor skate); Amblyraja 
radiata (thorny skate); Malacoraja senta (smooth skate); Leucoraja 
erinacea (little skate); Raja eglanteria (clearnose skate); and 
Leucoraja garmani (rosette skate).
    Skate Management Unit means an area of the Atlantic Ocean from 
35[deg]15.3[min] N. lat., the approximate latitude of Cape Hatteras 
Light, NC, northward to the U.S.-Canada border, extending eastward from 
the shore to the outer boundary of the EEZ and northward to the U.S.-
Canada border in which the United States exercises exclusive 
jurisdiction over all skates fished for, possessed, caught, or retained 
in or from such area.
    Small-mesh multispecies means the subset of Northeast multispecies 
that includes silver hake, offshore hake, and red hake.
    Smooth dogfish means Mustelis canis.
    Sorting machine, with respect to the Atlantic sea scallop fishery, 
means any mechanical device that automatically sorts whole scallops by 
shell height, size, or other physical characteristics.

[[Page 392]]

    Spiny dogfish means Squalus acanthias.
    Spiny Dogfish Monitoring Committee means a committee made up of 
staff representatives of the MAFMC, NEFMC, the NMFS Northeast Regional 
Office, the Northeast Fisheries Science Center, and the states, as well 
as two ex-officio industry members (one from each Council jurisdiction). 
The MAFMC Executive Director or a designee chairs the committee.
    Spot means Leiostomus xanthurus.
    Square mesh, with respect to the NE multispecies fishery, means mesh 
in which the horizontal bars of the mesh run perpendicular to the long 
axis of the net so when the net is placed under a strain the mesh 
remains open to a square-like shape. Square mesh can be formed by 
hanging diamond mesh ``on the square,'' if the resulting mesh conforms 
with the above description of square mesh.
    Squid means Loligo pealei or Illex illecebrosus.
    Standard tote means a box typically constructed of plastic, designed 
to hold 100 lb (45.3 kg) of fish plus ice, and that has a liquid 
capacity of 70 L, or a volume of not more than 4,320 cubic in (2.5 cubic 
ft or 70.79 cubic cm).
    Static gear, with respect to the NE multispecies fishery, means 
stationary gear, usually left for a period of time in one place, that 
depends on fish moving to the gear, and includes gillnets, longlines, 
handgear, traps, and pots.
    Stock of concern, with respect to the NE multispecies fishery, means 
a stock that is in an overfished condition, or that is subject to 
overfishing.
    Stocks targeted by the default measures, with respect to the NE 
multispecies fishery, are: American plaice, and SNE/MA yellowtail 
flounder for the 2006 fishing year; and American plaice, GB cod, GOM 
cod, CC/GOM yellowtail flounder, SNE/MA yellowtail flounder, white hake 
and SNE/MA winter flounder for the 2009 fishing year.
    Stretched mesh, with respect to the NE multispecies Ruhle Trawl, 
means mesh that is pulled so that slack in the mesh is eliminated and 
the mesh opening is closed.
    Sub-lease, with respect to the NE multispecies fishery, means the 
leasing of DAS that have already been leased to another vessel.
    Substantially similar harvesting capacity means the same or less GRT 
and vessel length.
    Summer flounder means Paralichthys dentatus.
    Summer Flounder Monitoring Committee means a committee made up of 
staff representatives of the MAFMC, NEFMC, and SAFMC, the NMFS Northeast 
Regional Office, the NEFSC, the Southeast Science Center, and the 
Commission. The MAFMC Executive Director or a designee chairs the 
committee.
    Surf clams means Atlantic surf clams of the species Spisula 
solidissima.
    Sweep, with respect to the NE multispecies limited access fishery, 
means the part of a bottom trawl that, during normal use, is in contact 
with the sea floor along the outer edges of the lower webbing of the 
net.
    Swordfish means Xiphias gladius.
    Target total allowable catch (TAC) means the annual domestic harvest 
targets for regulated species.
    Tautog (blackfish) means Tautoga onitas.
    Tied up to the dock or tying up at a dock means tied up at a dock, 
on a mooring, or elsewhere in a harbor.
    Tilefish means Lopholatilus chamaeleonticeps.
    Tilefish FMP Monitoring Committee means a committee made up of staff 
representatives of the MAFMC, the NMFS Northeast Regional Office, the 
Northeast Fisheries Science Center, up to three state representatives 
(the New England states having one representative and the Mid-Atlantic 
states having a maximum of two representatives) and one non-voting 
industry member. The MAFMC Executive Director or his designee chairs the 
committee.
    Tilefish Management Unitmeans an area of the Atlantic Ocean from the 
latitude of the VA and NC border (36[deg]33.36[min] N. Lat.), extending 
eastward from the shore to the outer boundary of the exclusive economic 
zone and northward to the United States-Canada border in which the 
United States exercises exclusive jurisdiction over all golden tilefish 
(Lopholatilus chamaeleonticeps) fished for, possessed,

[[Page 393]]

caught or retained in or from such area.
    Total Length (TL) means the straight-line distance from the tip of 
the snout to the end of the tail (caudal fin) while the fish is lying on 
its side. For black sea bass, Total Length (TL) means the straight-line 
distance from the tip of the snout to the end of the tail (caudal fin), 
excluding any caudal filament, while the fish is lying on its side.
    Transboundary Management Guidance Committee (TMGC), with respect to 
the NE multispecies fishery, means the technical sub-committee that 
provides non-binding guidance to the U.S./Canada Steering Committee, 
comprised of government and industry representatives from U.S. and 
Canada.
    Transboundary Resource Advisory Committee (TRAC), with respect to 
the NE multispecies fishery, means a committee consisting of scientific 
staff from NMFS and Canada's Department of Fisheries and Oceans that 
jointly assess the status of the shared U.S./Canada stocks of cod, 
haddock, and yellowtail flounder.
    Transfer means to begin to remove, to remove, to pass over the rail, 
or to otherwise take away fish from any vessel and move them to another 
vessel.
    Transferee means a vessel owner who receives permanently transferred 
NE multispecies DAS and potentially other permits from another vessel 
through the DAS Transfer Program specified at Sec. 648.82(l).
    Transferor means a vessel owner who permanently transfers NE 
multispecies DAS and potentially other permits to another vessel through 
the DAS Transfer Program specified at Sec. 648.82(l).
    Trawl means gear consisting of a net that is towed, including but 
not limited to beam trawls, pair trawls, otter trawls, and Danish and 
Scottish seine gear.
    Trawl sweep means the total length of the footrope on a trawl net 
that is directly attached to the webbing of a net.
    Trip Identifier means the complete serial number of the vessel 
logbook page completed for that trip.
    Tub-trawl, with respect to the NE multispecies fishery, means gear 
designed to be set horizontally on the bottom, with an anchored mainline 
to which are attached three or more gangions and hooks. Tub-trawls are 
retrieved only by hand, not by mechanical means.
    Tuna purse seine gear, with respect to the NE multispecies fishery, 
means encircling gear designed and utilized to harvest pelagic tuna.
    Under construction means that the keel had been laid or the vessel 
was under written agreement for construction or the vessel was under 
written contract for purchase.
    Upon returning to port, means, for purposes of the call-in 
notification system for the NE multispecies and monkfish fisheries, upon 
first tying up at a dock at the end of a fishing trip.
    U.S. at-sea processing (USAP), with respect to the Atlantic herring 
fishery, means the specification, pursuant to Sec. 648.200, of the 
amount of herring available for processing by U.S. vessels issued an 
Atlantic herring processing permit as described in Sec. 
648.4(a)(10)(ii).
    U.S./Canada Steering Committee, with respect to the NE multispecies 
fishery, means the joint U.S./Canada committee consisting of staff from 
NMFS and Canada's Department of Fisheries and Oceans that has overall 
responsibility for the U.S./Canada Resource Sharing Understanding.
    Used DAS baseline, with respect to the NE multispecies fishery, 
means the number of DAS that represent the historic level of DAS use 
associated with a particular limited access permit, as described in 
Sec. 648.82(l).
    Vessel length means the length specified on the USCG documentation 
for a vessel or on the state registration for a vessel not required to 
be documented under title 46 U.S.C., if the state length is verified by 
an authorized officer or NMFS official.
    Vessel Monitoring System (VMS) means a vessel monitoring system or 
VMS unit as set forth in Sec. 648.9 and approved by NMFS for use on 
Atlantic sea scallop, NE multispecies, monkfish, Atlantic herring, and 
Atlantic surfclam and ocean quahog vessels, as required by this part.
    VMS unit means a device installed on board a vessel used for vessel 
monitoring and transmitting the vessel's position as required by this 
part.
    Weakfish means Cynoscion regalis.
    Whiting means Merluccius bilinearis.

[[Page 394]]

    Whiting Monitoring Committee (WMC) means a team appointed by the 
NEFMC to review, analyze, and recommend adjustments to the management 
measures addressing small-mesh multispecies. The team consists of staff 
from the NEFMC and MAFMC, NMFS Northeast Regional Office, the NEFSC, the 
USCG, at least one industry representative from each geographical area 
(northern New England, southern New England, and the Mid-Atlantic), and 
no more than two representatives, appointed by the Commission, from 
affected states.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.2, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 74 FR 42598, Aug. 24, 2009, Sec. 648.2 was 
amended by revising the definitions of ``Bottom-tending mobile gear,'' 
``Lessee,'' and ``Lessor,'' and by adding a definition for ``Interest in 
an IFQ allocation,'' effective November 1, 2009. For the convenience of 
the user, the added and revised text is set forth as follows:



Sec. 648.2  Definitions.

                                * * * * *

    Bottom-tending mobile gear, with respect to the NE multispecies and 
tilefish fisheries, means gear in contact with the ocean bottom, and 
towed from a vessel, which is moved through the water during fishing in 
order to capture fish, and includes otter trawls, beam trawls, hydraulic 
dredges, non-hydraulic dredges, and seines (with the exception of a 
purse seine).

                                * * * * *

    Interest in an IFQ allocation means: An allocation permanently or 
temporarily held by an individual; or by a company in which the 
individual is an owner, part owner, officer, shareholder, or partner; or 
by an immediate family member (an individual's parents, spouse, 
children, and siblings).

                                * * * * *

    Lessee means:
    (1) A vessel owner who receives temporarily transferred NE 
multispecies DAS from another vessel through the DAS Leasing Program 
specified at Sec. 648.82(k); or
    (2) A person or entity eligible to own a documented vessel under the 
terms of 46 U.S.C. 12102(a), who receives temporarily transferred 
tilefish IFQ Allocation, as specified at Sec. 648.291(e)(1).

                                * * * * *

    Lessor means:
    (1) A vessel owner who temporarily transfers NE multispecies DAS to 
another vessel through the DAS Leasing Program specified at Sec. 
648.82(k); or
    (2) An IFQ Allocation permit holder who temporarily transfers 
tilefish IFQ Allocation, as specified at Sec. 648.291(e)(1).

                                * * * * *



Sec. 648.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in Sec. 
600.705.
    (b) Nothing in these regulations supersedes more restrictive state 
management measures for any of the species referenced in Sec. 648.1 
and, for Atlantic salmon, more restrictive local management measures.



Sec. 648.4  Vessel permits.

    (a) Fishery specific permit information--(1) NE multispecies 
vessels. Except for vessels that have been issued a valid High Seas 
Fishing Compliance permit, have declared their intent to fish, and fish 
exclusively in the NAFO Regulatory Area as provided in Sec. 648.17, any 
vessel of the United States, including a charter or party boat, must 
have been issued and have on board a valid multispecies permit to fish 
for, possess, or land multispecies finfish in or from the EEZ. 
Multispecies frames used as, or to be used as, bait on a vessel fishing 
exclusively with pot gear are deemed not to be multispecies finfish for 
purposes of this part provided that there is a receipt for the purchase 
of those frames on board the vessel.
    (i) Limited access multispecies permits--(A) Eligibility. To be 
eligible to apply for a limited access NE multispecies permit, as 
specified in Sec. 648.82, a vessel must have been issued a limited 
access NE multispecies permit for the preceding year, be replacing a 
vessel that was issued a limited access NE multispecies permit for the 
preceding year, or be replacing a vessel that was issued a confirmation 
of permit history; unless otherwise specified in this paragraph 
(a)(1)(i)(A). For the fishing year

[[Page 395]]

beginning May 1, 2004, a vessel may apply for a limited access Handgear 
A permit described in Sec. 648.82(b)(6), if it meets the criteria 
described under paragraphs (a)(1)(i)(A)(1) and (2) of this section.
    (1) The vessel must have been previously issued a valid NE 
multispecies open access Handgear permit during at least 1 fishing year 
during the fishing years 1997 through 2002; and
    (2) The vessel must have landed and reported to NMFS at least 500 lb 
(226.8 kg) of cod, haddock, or pollock, when fishing under the open 
access Handgear permit in at least 1 of the fishing years from 1997 
through 2002, as indicated by NMFS dealer records (live weight), 
submitted to NMFS prior to January 29, 2004.
    (3) Application/renewal restrictions. The vessel owner must submit a 
complete application for an initial limited access handgear permit 
before May 1, 2005. For fishing years beyond the 2004 fishing year, the 
provisions of paragraph (a)(1)(i)(B) of this section apply.
    (B) Application/renewal restrictions. All limited access or 
moratorium permits established under this section must be issued on an 
annual basis by the last day of the permit year for which the permit is 
required, unless a confirmation of permit history (CPH) has been issued 
as specified in paragraph (a)(1)(i)(J) of this section. If a vessel is 
issued more than one limited access or moratorium permit under this 
section, these permits will be regarded as a permit suite. Permit 
renewal or relinquishment must be made at the time the first permit 
application is submitted for a new permit year. Application for limited 
access or moratorium permits must be received no later than 30 days 
before the last day of the permit year of the earliest expiration date 
for any permit in the suite of such permits issued to the vessel. 
Failure to renew a limited access or moratorium permit in any permit 
year bars the renewal of the permit in subsequent years. Open access 
permits may not be issued to a vessel eligible to renew a limited access 
or moratorium permit until such time that the vessel's limited access or 
moratorium permit(s) are renewed or voluntarily relinquished pursuant to 
paragraph (a)(1)(i)(K) of this section, or otherwise transferred from 
the vessel.
    (C) Qualification restriction. Unless the Regional Administrator 
determines otherwise, no more than one vessel may qualify, at any one 
time, for a limited access permit or CPH based on that or another 
vessel's fishing and permit history. If more than one vessel owner 
claims eligibility for a limited access permit or CPH, based on one 
vessel's fishing and permit history, the Regional Administrator will 
determine who is entitled to qualify for the permit or CPH and any DAS 
allocation according to paragraph (a)(1)(i)(D) of this section.
    (D) Change in ownership. The fishing and permit history of a vessel 
is presumed to transfer with the vessel whenever it is bought, sold, or 
otherwise transferred, unless there is a written agreement, signed by 
the transferor/seller and transferee/buyer, or other credible written 
evidence, verifying that the transferor/seller is retaining the vessel's 
fishing and permit history for purposes of replacing the vessel.
    (E) Replacement vessels. With the exception of vessels that have 
obtained a limited access Handgear A permit described in Sec. 
648.82(b)(6), an owner of a vessel that has been issued any limited 
access or moratorium permit under this section is limited to one vessel 
replacement per permit year, using the earliest permit year start date 
of the limited access or moratorium permits for which the vessel is 
eligible, unless the vessel has been rendered inoperable and non-
repairable. To be eligible for a limited access or moratorium permit 
under this section, the replacement vessel must meet the following 
criteria and any other applicable criteria under paragraph (a)(1)(i)(F) 
of this section:
    (F) Upgraded vessel. A vessel may be upgraded, whether through 
refitting or replacement, and be eligible to retain or renew a limited 
access permit, only if the upgrade complies with the following:
    (1) The vessels's horsepower may be increased only once, whether 
through refitting or replacement. Such an increase may not exceed 20 
percent of the horsepower of the vessel's baseline specifications, as 
applicable.

[[Page 396]]

    (2) The vessel's length, GRT, and NT may be increased only once, 
whether through refitting or replacement. Any increase in any of these 
three specifications of vessel size may not exceed 10 percent of the 
vessel's baseline specifications, as applicable. If any of these three 
specifications is increased, any increase in the other two must be 
performed at the same time. This type of upgrade may be done separately 
from an engine horsepower upgrade.
    (G) Consolidation restriction. Except as provided for in the NE 
Multispecies DAS Leasing Program, as specified in Sec. 648.82(k), and 
the NE Multispecies DAS Transfer Program as specified in Sec. 
648.82(l), limited access permits and DAS allocations may not be 
combined or consolidated.
    (H) Vessel baseline specifications. The vessel baseline 
specifications in this section are the respective specifications 
(length, GRT, NT, horsepower) of the vessel that was initially issued a 
limited access permit as of the date the initial vessel applied for such 
permit.
    (I) Limited access permit restrictions. (1) A vessel may be issued a 
limited access NE multispecies permit in only one category during a 
fishing year. Vessels may not change limited access NE multispecies 
permit categories during the fishing year, except as provided in 
paragraph (a)(1)(i)(I)(2) of this section. A vessel issued a limited 
access NE multispecies Hook-gear permit or a limited access Handgear A 
permit may not change its limited access permit category at any time.
    (2) The owner of a vessel issued a limited access multispecies 
permit may request a change in permit category, unless otherwise 
restricted by paragraph (a)(1)(i)(I)(1) of this section. The owner of a 
limited access multispecies vessel eligible to request a change in 
permit category must elect a category upon the vessel's permit 
application and will have one opportunity to request a change in permit 
category by submitting an application to the Regional Administrator 
within 45 days of the effective date of the vessel's permit. If such a 
request is not received within 45 days, the vessel owner may not request 
a change in permit category and the vessel permit category will remain 
unchanged for the duration of the fishing year. A vessel may not fish in 
more than one multispecies permit category during a fishing year.
    (3 ) With the exception of combination vessels, a vessel issued a 
limited access sea scallop dredge permit pursuant to paragraph (a)(2)(i) 
of this section is not eligible for limited access multispecies permits. 
This restriction is not applicable to vessels issued an LAGC scallop 
permit pursuant to paragraph (a)(2)(ii) of this section, unless such 
vessel has also been issued a limited access scallop permit pursuant to 
paragraph (a)(2)(i) of this section.
    (J) Confirmation of permit history. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, must apply for and receive 
a CPH if the fishing and permit history of such vessel has been retained 
lawfully by the applicant. To be eligible to obtain a CPH, the applicant 
must show that the qualifying vessel meets the eligibility requirements, 
as applicable, in this part. Issuance of a valid CPH preserves the 
eligibility of the applicant to apply for a limited access permit for a 
replacement vessel based on the qualifying vessel's fishing and permit 
history at a subsequent time, subject to the replacement provisions 
specified in this section. If fishing privileges have been assigned or 
allocated previously under this part, based on the qualifying vessel's 
fishing and permit history, the CPH also preserves such fishing 
privileges. A CPH must be applied for in order for the applicant to 
preserve the fishing rights and limited access eligibility of the 
qualifying vessel. An application for a CPH must be received by the 
Regional Administrator no later than 30 days prior to the end of the 
first full fishing year in which a vessel permit cannot be issued. 
Failure to do so is considered abandonment of the permit as described in 
paragraph (a)(1)(i)(K) of this section. A CPH issued under this part 
will remain valid until the fishing and permit history preserved by the 
CPH is used to qualify a replacement vessel for a limited access permit. 
Any decision regarding the issuance of a CPH for a qualifying vessel 
that has applied for

[[Page 397]]

or been issued previously a limited access permit is a final agency 
action subject to judicial review under 5 U.S.C. 704. Information 
requirements for the CPH application are the same as those for a limited 
access permit. Any request for information about the vessel on the CPH 
application form refers to the qualifying vessel that has been sunk, 
destroyed, or transferred. Vessel permit applicants who have been issued 
a CPH and who wish to obtain a vessel permit for a replacement vessel 
based upon the previous vessel history may do so pursuant to paragraph 
(a)(1)(i)(E) of this section.
    (K) Abandonment or voluntary relinquishment of a limited access or 
moratorium permit. If a vessel's limited access or moratorium permit for 
a particular fishery is voluntarily relinquished to the Regional 
Administrator or abandoned through failure to renew or otherwise, no 
limited access or moratorium permit for that fishery may be reissued or 
renewed based on that vessel's limited access or moratorium permit 
history or to any other vessel relying on that vessel's limited access 
or moratorium permit history.
    (L) Restriction on permit splitting. A limited access permit issued 
pursuant to this section may not be issued to a vessel or its 
replacement or remain valid, if the vessel's permit or fishing history 
has been used to qualify another vessel for another Federal fishery.
    (M) Appeal of denial of permit--(1) Eligibility. Any applicant 
eligible to apply for a limited access multispecies Handgear A permit 
who is denied such permit may appeal the denial to the Regional 
Administrator within 30 days of the notice of denial. Any such appeal 
must be based on the grounds that the information used by the Regional 
Administrator was based on incorrect data, must be in writing, and must 
state the grounds for the appeal.
    (2) Appeal review. The Regional Administrator will appoint a 
designee who will make the initial decision on the appeal. The appellant 
may request a review of the initial decision by the Regional 
Administrator by so requesting in writing within 30 days of the notice 
of the initial decision. If the appellant does not request a review of 
the initial decision within 30 days, the initial decision is the final 
administrative action of the Department of Commerce. Such review will be 
conducted by a hearing officer appointed by the Regional Administrator. 
The hearing officer shall make findings and a recommendation to the 
Regional Administrator, which shall be advisory only. Upon receiving the 
findings and the recommendation, the Regional Administrator will issue a 
final decision on the appeal. The Regional Administrator's decision is 
the final administrative action of the Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access Handgear A multispecies permit may fish under the limited access 
multispecies Handgear A category, provided that the denial has been 
appealed, the appeal is pending, and the vessel has on board a letter 
from the Regional Administrator authorizing the vessel to fish under the 
limited access category. The Regional Administrator will issue such a 
letter for the pendency of any appeal. Any such decision is the final 
administrative action of the Department of Commerce on allowable fishing 
activity, pending a final decision on the appeal. The letter of 
authorization must be carried on board the vessel. If the appeal is 
finally denied, the Regional Administrator shall send a notice of final 
denial to the vessel owner; the authorizing letter becomes invalid 5 
days after receipt of the notice of denial.
    (ii) Open access permits. A vessel of the United States that has not 
been issued and is not eligible to be issued a limited access 
multispecies permit is eligible for and may be issued an ``open access 
multispecies'', ``handgear'', or ``charter/party'' permit, and may fish 
for, possess on board, and land multispecies finfish subject to the 
restrictions in Sec. 648.88. A vessel that has been issued a valid 
limited access scallop permit, but that has not been issued a limited 
access mulitspecies permit, is eligible for and may be issued an open 
access scallop multispecies possession limit permit and may fish for, 
possess on board, and land multispecies finfish subject to the 
restrictions in Sec. 648.88. The owner of a vessel issued an open

[[Page 398]]

access permit may request a different open access permit category by 
submitting an application to the Regional Administrator at any time.
    (2) Atlantic sea scallop vessels--Any vessel of the United States 
that fishes for, possesses, or lands Atlantic sea scallops, except 
vessels that fish exclusively in state waters for scallops, must have 
been issued and carry on board a valid scallop vessel permit pursuant to 
this section.
    (i) Limited access scallop permits. Any vessel of the United States 
that possesses or lands more than 400 lb (181.4 kg) of shucked scallops, 
or 50 bu (17.6 hL) of in-shell scallops per trip, or possesses more than 
100 bu (35.2 hL) seaward of the VMS Demarcation Line, except vessels 
that fish exclusively in state waters for scallops, must have been 
issued and carry on board a valid limited access scallop permit.
    (A) Eligibility. To be eligible to apply for a limited access 
scallop permit, a vessel must have been issued a limited access scallop 
permit for the preceding year, be replacing a vessel that was issued a 
limited access scallop permit for the preceding year, or be replacing a 
vessel that was issued a confirmation of permit history.
    (B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(1)(i)(H) of 
this section.
    (I) Limited access permit restrictions. A vessel may be issued a 
limited access scallop permit in only one category during a fishing 
year. The owner of a vessel issued a limited access scallop permit must 
elect a permit category upon the vessels permit application and will 
have one opportunity to request a change in permit category by 
submitting an application to the Regional Administrator within 45 days 
of the effective date of the vessel's permit. After this date, the 
vessel must remain in that permit category for the duration of the 
fishing year. Any DAS that a vessel uses prior to a change in permit 
category will be counted against its allocation received under any 
subsequent permit category.
    (J) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (M) Percentage ownership restrictions. (1) For any vessel acquired 
after March 1, 1994, a vessel owner is not eligible to be issued a 
limited access scallop permit for the vessel, and/or a confirmation of 
permit history, if, as a result of the issuance of the permit and/or 
confirmation of permit history, the vessel owner, or any other person 
who is a shareholder or partner of the vessel owner, will have an 
ownership interest in a total number of limited access scallop vessels 
and limited access scallop confirmations of permit history in excess of 
5 percent of the number of all limited access scallop vessels and 
confirmations of permit history at the time of permit application.
    (2) Vessel owners who were initially issued a 1994 limited access 
scallop permit or confirmation of permit history, or who were issued or 
renewed a limited access scallop permit or confirmation of permit 
history for a vessel in 1995 and thereafter, in compliance with the 
ownership restrictions in paragraph (a)(2)(i)(M)(1) of this section, are 
eligible to renew such permits(s) and/or confirmation(s) of permit 
history, regardless of whether the renewal of the permits or 
confirmations of permit history will result in the 5-percent ownership 
restriction being exceeded.
    (3) Having an ownership interest includes, but is not limited to, 
persons who are shareholders in a vessel owned by a corporation, who are 
partners (general or limited) to a vessel owner, or who, in any way, 
partly own a vessel.
    (N) [Reserved]
    (O) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.

[[Page 399]]

    (P) VMS requirement. A vessel issued a limited access scallop 
permit, as specified in paragraph (a)(2)(i) of this section, except a 
vessel issued an occasional scallop permit that is not fishing in a sea 
scallop access area, must have an operational VMS installed. Prior to 
issuance of a limited access scallop permit, NMFS must receive a signed 
VMS certification from the vessel owner and be notified by the VMS 
vendor that the unit has been installed and is operational.
    (ii) LAGC scallop permits. Any vessel of the United States that has 
not been issued a limited access scallop permit pursuant to paragraph 
(a)(2)(i) of this section, and any vessel issued a limited access 
scallop permit that fishes for scallops outside of the scallop DAS 
program described in Sec. 648.53(b) or the Area Access program 
described in Sec. 648.60, that possesses, retains, or lands scallops in 
or from Federal waters, must be issued an LAGC scallop permit and must 
comply with the permit requirements described in paragraphs 
(a)(2)(ii)(A), (B), or (C) of this section. To be issued an LAGC scallop 
permit, a vessel owner must meet the qualification criteria specified in 
paragraphs (a)(2)(ii)(D) or (F) of this section and must comply with the 
application procedures specified in paragraph (a)(2)(ii)(H) of this 
section.
    (A) Individual fishing quota LAGC permit. To possess or land up to 
400 lb (181.4 kg) of shucked meats, or 50 bu (17.6 hL) of in-shell 
scallops per trip, or possess up to 100 bu (35.2 hL) of in-shell 
scallops seaward of the VMS demarcation line, a vessel must have been 
issued an individual fishing quota LAGC scallop permit (IFQ scallop 
permit). Issuance of an initial IFQ scallop permit is contingent upon 
the vessel owner submitting the required application and other 
information that demonstrates that the vessel meets the eligibility 
criteria specified in paragraph (a)(2)(ii)(D) of this section.
    (B) Northern Gulf of Maine LAGC permit. To possess or land up to 200 
lb (90.7 kg) of shucked or 25 bu (8.81 hL) in-shell scallops per trip, 
or to possess up to 50 bu (17.6 hL) seaward of the VMS demarcation line 
in the NGOM Scallop Management Area, a vessel must have been issued a 
Northern Gulf of Maine LAGC scallop permit (NGOM scallop permit). A 
vessel issued a NGOM scallop permit may not fish for scallops outside of 
the NGOM Scallop Management Area as defined in Sec. 648.62, and may not 
possess or land more than 200 lb (90.7 kg) of shucked or 25 bu (8.81 hL) 
of in-shell scallops at any time, except the vessel may possess up to 50 
bu (17.6 hL) of in-shell scallops seaward of the VMS demarcation line. 
Issuance of an initial NGOM scallop permit is contingent upon the vessel 
owner submitting the required application and other information that 
demonstrates that the vessel meets the eligibility criteria specified in 
paragraph (a)(2)(ii)(F) of this section.
    (C) Incidental catch LAGC permit. To possess or land up to 40 lb 
(18.1 kg) of shucked or 5 bu (1.76 hL) in-shell scallops per trip, or 
possess up to 10 bu (3.52 hL) in-shell scallops per trip seaward of the 
VMS demarcation line, but not more than these amounts per trip, a vessel 
must have been issued an incidental catch general category scallop 
permit (Incidental scallop permit). A vessel issued an incidental catch 
general scallop permit may not possess or land more than 40 lb (18.1 kg) 
of shucked or 5 bu (1.76 hL) of in-shell scallops at any time, except 
the vessel may possess up to 10 bu (3.52 hL) of in-shell scallops 
seaward of the VMS demarcation line. Issuance of an initial incidental 
catch category scallop permit is contingent upon the vessel owner 
submitting the required application and other information that 
demonstrates that the vessel meets the eligibility criteria specified in 
paragraph (a)(2)(ii)(G) of this section.
    (D) Eligibility for an IFQ scallop permit. A vessel is eligible for 
and may be issued an IFQ scallop permit if it meets both eligibility 
criteria specified in paragraphs (a)(2)(ii)(D)(1) and (2) of this 
section, or is replacing a vessel that meets both the eligibility 
criteria specified in paragraphs (a)(2)(ii)(D)(1) and (2) of this 
section. A vessel owner may appeal NMFS's determination that a vessel 
does not meet the requirements specified in paragraphs (a)(2)(ii)(D)(1) 
and (2) of this section by complying with the appeal process, as 
specified in paragraph (a)(2)(ii)(O) of this section.

[[Page 400]]

    (1) Permit criterion. A vessel must have been issued a general 
category scallop permit in at least one scallop fishing year, as defined 
in Sec. 648.2, between March 1, 2000, and November 1, 2004.
    (2) Landings criterion. A vessel must have landed at least 1,000 lb 
(454 kg) of shucked scallops in any one year when the vessel also held a 
general category scallop permit as specified in paragraph 
(a)(2)(ii)(D)(1) of this section. To qualify, scallop landings in the 
2004 fishing year must have occurred on or before November 1, 2004. NMFS 
dealer data shall be used to make the initial determination of vessel 
eligibility. If a dealer reported more than 400 lb (181.4 kg) of 
scallops on a trip, only 400 lb (181.4 kg) will be credited toward the 
landings criteria. For dealer reports that indicate that the landings 
were bushels of in-shell scallops, a conversion of 8 lb (3.63 kg) of 
scallop meats per bushel will be used to calculate meat-weight, up to 
the maximum of 400 lb (181.4 kg) per trip. For dealer reports that 
indicate that the landings were reported in pounds of in-shell scallops, 
the weight shall be converted to meat-weight using the formula of one 
pound (0.45 kg) of scallop meats for 8.33 lb (3.78 kg) of in-shell 
scallops, up to the maximum of 400 lb (181.4 kg) per trip, for 
qualification purposes.
    (E) Contribution factor for determining a vessel's IFQ. An eligible 
IFQ scallop vessel's best year of scallop landings during the 
qualification period of March 1, 2000, through November 1, 2004, as 
specified in Sec. 648.53(h)(2)(ii)(A), and the vessel's number of years 
active, as specified in Sec. 648.53(h)(2)(ii)(B), shall be used to 
calculate a vessel's contribution factor, as specified in Sec. 
648.53(h)(2)(ii)(C). A vessel owner that has applied for an IFQ scallop 
permit will be notified of the vessel's contribution factor at the time 
of issuance of the IFQ scallop permit, consistent with confidentiality 
restrictions of the Magnuson-Stevens Act specified at 16 U.S.C. 1881a. A 
vessel owner may appeal NMFS's determination of the IFQ scallop vessel's 
contribution factor by complying with the appeal process as specified in 
paragraph (a)(2)(ii)(O) of this section.
    (F) Eligibility for NGOM or Incidental scallop permit. A vessel that 
is not eligible for, or for which the vessel's owner chooses not to 
apply for, an IFQ scallop permit, may be issued either a NGOM scallop 
permit or an Incidental scallop permit if the vessel was issued a 
general category scallop permit as of November 1, 2004, or if the vessel 
is replacing a vessel that was issued a general category scallop permit 
as of November 1, 2004. A vessel owner may appeal NMFS's determination 
that a vessel does not meet this criterion by complying with the appeal 
process as specified in paragraph (a)(2)(ii)(O) of this section. A 
vessel that qualifies for an IFQ scallop permit automatically qualifies 
for an NGOM or Incidental scallop permit if the vessel's owner chooses 
to be issued an NGOM or Incidental scallop permit instead of the IFQ 
scallop permit.
    (G) LAGC permit restrictions--(1) Change of permit category--(i) IFQ 
scallop permit. A vessel issued an IFQ scallop permit may not change its 
general category scallop permit category at any time without voluntarily 
relinquishing its IFQ scallop permit eligibility as specified in 
paragraph (a)(2)(ii)(M) of this section. If the vessel owner has elected 
to relinquish the vessel's IFQ permit and instead be issued an NGOM or 
Incidental scallop permit, the IFQ permit shall be permanently 
relinquished.
    (ii) NGOM and Incidental scallop permit. A vessel may be issued 
either an NGOM or Incidental scallop permit for each fishing year, and a 
vessel owner may not change his/her LAGC scallop permit category during 
the fishing year, except as specified in this paragraph, 
(a)(2)(ii)(G)(1)(ii). The owners of a vessel issued an NOGM or 
Incidental scallop permit must elect a permit category in the vessel's 
permit application and shall have one opportunity each fishing year to 
request a change in its permit category by submitting an application to 
the Regional Administrator within 45 days of the effective date of the 
vessel's permit. After that date, the vessel must remain in that permit 
category for the duration of the fishing year.
    (2) VMS requirement. A vessel issued a LAGC permit must have an 
operational

[[Page 401]]

VMS installed. Issuance of an Atlantic sea scallop permit requires the 
vessel owner to submit a copy of the vendor's installation receipt or 
provide verification of vendor activation from a NMFS-approved VMS 
vendor as described in Sec. 648.9.
    (H) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section. Applications for a LAGC permit described in paragraph 
(a)(2)(ii) of this section must be postmarked no later than August 30, 
2008. Applications for LAGC permits that are not postmarked on or before 
August 30, 2008, may be denied and returned to the sender with a letter 
explaining the denial. Such denials may not be appealed and shall be the 
final decision of the Department of Commerce. If NMFS determines that 
the vessel owner has failed to pay a cost recovery fee in accordance 
with the cost recovery requirements specified at Sec. 648.53(h)(4)(ii), 
the IFQ permit shall not be renewed.
    (I) Qualification restriction. (1) See paragraph (a)(1)(i)(C) of 
this section for restrictions applicable to limited access scallop 
permits.
    (2) Notwithstanding paragraph (a)(1)(i)(L) of this section, scallop 
landings history generated by separate owners of a single vessel at 
different times during the qualification period for LAGC scallop permits 
may be used to qualify more than one vessel, provided that each owner 
applying for an LAGC scallop permit demonstrates that he/she created 
distinct fishing histories, that such histories have been retained, and 
if the vessel was sold, that each applicant's eligibility and fishing 
history is distinct.
    (3) Notwithstanding paragraph (a)(1)(i)(L) of this section, a vessel 
owner applying for a LAGC permit who sold or transferred a vessel with 
non-scallop limited access permits, as specified in paragraph 
(a)(1)(i)(D) of this section, and retained only the general category 
scallop history of such vessel as specified in paragraph (a)(1)(i)(D) of 
this section, before July 1, 2008, may use the general category scallop 
history to qualify a different vessel for the initial IFQ scallop 
permit, regardless of whether the history from the sold or transferred 
vessel was used to qualify another vessel for another limited access 
permit.
    (J) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (K) Replacement vessels. A vessel owner may apply to replace a 
qualified LAGC vessel with another vessel that he/she owns. There are no 
size or horsepower restrictions on replacing general LAGC vessels, 
unless the qualified vessel that will be replaced is subject to such 
restriction because of other limited access permits issued pursuant to 
Sec. 648.4. In order for a LAGC that also has other limited access 
permits issued pursuant to Sec. 648.4 to be replaced by a vessel that 
does not meet the replacement and upgrade restrictions specified for 
those other limited access permits, the other limited access permits 
must be permanently relinquished, as specified in paragraph (a)(1)(i)(K) 
of this section.
    (L) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of 
this section.
    (M) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (N) Restriction on permit splitting. Except as provided in 
paragraphs (a)(2)(ii)(I)(2) and (3) of this section, paragraph 
(a)(1)(i)(L) of this section applies.
    (O) Appeal of denial of permit--(1) Eligibility. Any applicant 
eligible to apply for an LAGC scallop permit who is denied such permit 
may appeal the denial to the Regional Administrator within 30 days of 
the notice of denial. Any such appeal may only be based on the grounds 
that the information used by the Regional Administrator was incorrect. 
The appeal must be in writing, must state the specific grounds for the 
appeal, and must include information to support the appeal.
    (2) Contribution factor appeals. Any applicant eligible to apply for 
a IFQ scallop permit who disputes NMFS's determination of the vessel's 
contribution factor specified in paragraph (a)(2)(ii)(E) of this section 
may appeal NMFS's determination to the Regional Administrator within 30 
days of the notification of the vessel's best year and years active. Any 
such appeal may only be based on the grounds that the information used 
by the Regional Administrator was incorrect. The appeal

[[Page 402]]

must be in writing, must state the specific grounds for the appeal, and 
must include information to support the appeal. A vessel owner may 
appeal both the eligibility criteria and the contribution factor and 
must submit the appeal for both at the same time. An appeal of 
contribution factor determinations shall be reviewed concurrently with 
an eligibility appeal, if applicable.
    (3) Appeal review. The Regional Administrator shall appoint a 
designee who shall make the initial decision on the appeal. The 
appellant may request a review of the initial decision by the Regional 
Administrator by so requesting in writing within 30 days of the notice 
of the initial decision. If the appellant does not request a review of 
the initial decision within 30 days, the initial decision is the final 
administrative action of the Department of Commerce. Such review will be 
conducted by a hearing officer appointed by the Regional Administrator. 
The hearing officer shall make findings and a recommendation to the 
Regional Administrator, which shall be advisory only. Upon receiving the 
findings and the recommendation, the Regional Administrator shall issue 
a final decision on the appeal. The Regional Administrator's decision is 
the final administrative action of the Department of Commerce.
    (4) Status of vessels pending appeal. A vessel denied an LAGC 
scallop permit may fish while under appeal, provided that the denial has 
been appealed, the appeal is pending, and the vessel has on board a 
letter from the Regional Administrator temporarily authorizing the 
vessel to fish under the limited access general category permit. The 
Regional Administrator shall issue such a letter that shall be effective 
only during the pendency of any appeal. The temporary letter of 
authorization must be carried on board the vessel and all requirements 
of the permit category for which the appeal has been made shall apply. 
If the appeal is finally denied, the Regional Administrator shall send a 
notice of final denial to the vessel owner; the temporary authorizing 
letter becomes invalid 5 days after receipt of the notice of denial, but 
no later than 10 days from the date of the letter of denial, regardless 
of the date of the owner's receipt of the denial.
    (3) Summer flounder vessels. Any vessel of the United States that 
fishes for or retains summer flounder in the EEZ must have been issued 
and carry on board a valid summer flounder permit, except for vessels 
other than party or charter vessels that observe the possession limit 
set forth in Sec. 648.105.
    (i) Moratorium permits--(A) Eligibility. To be eligible to apply for 
a moratorium permit to fish for and retain summer flounder in excess of 
the possession limit in Sec. 648.105 in the EEZ, a vessel must have 
been issued a summer flounder moratorium permit for the preceding year, 
be replacing a vessel that was issued a moratorium permit for the 
preceding year, or be replacing a vessel that was issued a confirmation 
of permit history.
    (B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. The vessel baseline 
specifications in this section are the respective specifications 
(length, GRT, NT, horsepower) of the vessel as of March 22, 1999, unless 
the vessel is in the process of construction or rerigging or under 
agreement or written contract for construction or rerigging, as of the 
effective baseline specification date in which case the baseline 
specifications will be established no later than February 19, 2000.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Party and charter boat permits. Any party or charter boat is 
eligible for a permit to fish for summer flounder, other than a summer 
flounder moratorium permit, if it is carrying

[[Page 403]]

passengers for hire. Such vessel must observe the possession limits 
specified in Sec. 648.105.
    (iii) Exemption permits. Owners of summer flounder vessels seeking 
an exemption from the minimum mesh requirement under the provisions of 
Sec. 648.104(b)(1) must request a letter of authorization (LOA) from 
the Regional Administrator. Vessels must be enrolled in the exemption 
program for a minimum of 7 days. The Regional Administrator may impose 
temporary additional procedural requirements by publishing a 
notification in the Federal Register. If a summer flounder charter or 
party requirement of this part differs from a summer flounder charter or 
party management measure required by a state, any vessel owners or 
operators fishing under the terms of a summer flounder charter/party 
vessel permit in the EEZ for summer flounder must comply with the more 
restrictive requirement while fishing in state waters, unless otherwise 
authorized under Sec. 648.107.
    (4) Surf clam and ocean quahog vessels. Any vessel of the United 
States that fishes for surf clams or ocean quahogs, except vessels 
taking surf clams and ocean quahogs for personal use or fishing 
exclusively within state waters, must have been issued and carry on 
board a valid surf clam or ocean quahog permit, respectively.
    (i) Maine mahogany quahog permit. (A) A vessel is eligible for a 
Maine mahogany quahog permit to fish for ocean quahogs in the Maine 
mahogany quahog zone if it meets the following eligibility criteria in 
paragraphs (a)(1) and (a)(2) of this section, and an application for a 
Maine mahogany quahog permit is submitted by May 19, 1999. After May 19, 
1999, to be eligible to apply for a Maine mahogany quahog permit, a 
vessel must have been issued a Maine mahogany quahog permit for the 
preceding year, be replacing a vessel that was issued a Maine mahogany 
quahog permit for the preceding year, or be replacing a vessel that was 
issued a confirmation of permit history.
    (1) The vessel was issued a Federal Maine Mahogany Quahog 
Experimental Permit during one of the experimental fisheries authorized 
by the Regional Administrator between September 30, 1990, and September 
30, 1997; and,
    (2) The vessel landed at least one Maine bushel of ocean quahogs 
from the Maine mahogany quahog zone as documented by fishing or 
shellfish logs submitted to the Regional Administrator prior to January 
1, 1998.
    (B)Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (M) Appeal of denial of a permit. (1) Any applicant denied a Maine 
mahogany quahog permit may appeal to the Regional Administrator within 
30 days of the notice of denial. Any such appeal shall be in writing. 
The only ground for appeal is that the Regional Administrator's designee 
erred in concluding that the vessel did not meet the criteria in 
paragraph (a)(4)(i)(A) of this section. The appeal must set forth the 
basis for the applicant's belief that the decision of the Regional 
Administrator's designee was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator.
    (3) The hearing officer shall make a recommendation to the Regional 
Administrator.
    (4) The Regional Administrator will make a final decision based on 
the criteria in paragraph (a)(4)(i)(A) of this section and on the 
available record, including any relevant documentation submitted by the 
applicant and, if a hearing is held, the recommendation of the hearing 
officer. The decision on the

[[Page 404]]

appeal by the Regional Administrator is the final decision of the 
Department of Commerce.
    (ii) VMS Requirement. (A) Surfclam and ocean quahog open access 
permits. In order to be eligible for issuance of an open access surfclam 
or ocean quahog permit, the vessel owner must have installed on the 
vessel an operational VMS unit that meets the criteria set forth in 
Sec. 648.9. The vessel owner/operator must activate the VMS unit and 
provide verification of vendor activation from a NMFS-approved VMS 
vendor as described in Sec. 648.9. Verification is done by completing, 
signing, and mailing or faxing a VMS certification form to the NMFS 
Northeast Region Office of Law Enforcement.
    (B) Maine mahogany quahog limited access permit. In order to be 
eligible for issuance of a Maine mahogany quahog permit, the vessel 
owner must have installed on the vessel an operational VMS unit that 
meets the criteria set forth in Sec. 648.9. By January 1, 2009, unless 
otherwise exempted under paragraph (a)(4)(ii)(B)(1) of this section. The 
vessel owner/operator must activate the VMS unit and provide 
verification of vendor activation from a NMFS-approved VMS vendor as 
described in Sec. 648.9. Verification is done by completing, signing, 
and mailing or faxing a VMS certification form to the NMFS Northeast 
Region Office of Law Enforcement.
    (1) Special VMS exemption for Maine mahogany quahog vessels. Vessel 
owners eligible to renew a limited access Maine mahogany quahog permit 
may do so without proof of installation of a VMS, provided the vessel 
does not fish for, catch, or possess; or attempt to fish for, catch, or 
posses; Maine mahogany quahogs. Proof of VMS installation must be 
provided to the NMFS Northeast Region Office of Law Enforcement prior to 
departure on any fishing trip on which ocean quahogs may be caught or 
landed. Once a vessel issued a Maine mahogany quahog permit has elected 
to participate in the Maine mahogany quahog fishery, the vessel must 
keep the VMS unit turned on and functioning as specified under Sec. 
648.9. Once a limited access Maine mahogany quahog permitted vessel has 
participated in the Maine mahogany quahog fishery, this exemption no 
longer applies.
    (2) [Reserved]
    (5) Mackerel, squid, and butterfish vessels. Any vessel of the 
United States, including party and charter vessels, must have been 
issued and carry on board a valid vessel permit to fish for, possess, or 
land Atlantic mackerel, squid, or butterfish in or from the EEZ.
    (i) Loligo squid/butterfish and Illex squid moratorium permits.
     (A) Eligibility. To be eligible to apply for a moratorium permit to 
fish for and retain Loligo squid, butterfish, or Illex squid in excess 
of the incidental catch allowance in paragraph (a)(5)(ii) of this 
section in the EEZ, a vessel must have been issued a Loligo squid and 
butterfish moratorium permit or Illex squid moratorium permit, as 
applicable, for the preceding year, be replacing a vessel that was 
issued a moratorium permit for the preceding year, or be replacing a 
vessel that was issued a confirmation of permit history.
    (B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Squid/butterfish incidental catch permit. Any vessel of the 
United States may obtain a permit to fish for or retain up to 2,500 lb 
(1.13 mt) of Loligo squid or butterfish, or up to 10,000 lb (4.54 mt) of 
Illex squid, as an incidental catch in another directed fishery. The 
incidental catch allowance may be revised by the Regional Administrator 
based upon a recommendation by the

[[Page 405]]

Council following the procedure set forth in Sec. 648.21.
    (iii) Atlantic mackerel permit. Any vessel of the United States may 
obtain a permit to fish for or retain Atlantic mackerel in or from the 
EEZ, except for vessels that exceed either 165 feet in length overall 
(LOA) and 750 gross registered tons, or a shaft horsepower of 3000 shp. 
Vessels that exceed the size or horsepower restrictions may seek to 
obtain an at-sea processing permit specified under Sec. 648.6(a)(2).
    (iv) Party and charter boat permits. The owner of any party or 
charter boat must obtain a permit to fish for or retain in or from the 
EEZ mackerel, squid, or butterfish while carrying passengers for hire.
    (6) Scup vessels. Beginning on January 1, 1997, and subject to the 
eligibility requirements specified in paragraphs (a)(6)(i) and 
(a)(6)(ii) of this section, the owner of a vessel of the United States, 
including a party or charter vessel, must obtain a permit issued under 
this part to fish for or retain scup for sale, barter or trade, in or 
from the EEZ north of 35[deg]15.3[min] N. lat. Any vessel, other than a 
party or charter boat, that observes the possession limit restrictions 
established pursuant to, and the prohibition on sale specified in, Sec. 
648.125 is exempt from the permit requirement.
    (i) Moratorium permit--(A) Eligibility. To be eligible to apply for 
a moratorium permit to fish for and retain scup, a vessel must have been 
issued a scup moratorium permit for the preceding year, be replacing a 
vessel that was issued a scup moratorium permit for the preceding year, 
or be replacing a vessel that was issued a confirmation of permit 
history.
    (B)Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Party and charter boat permit. Any party or charter boat is 
eligible for a permit to fish for scup, other than a scup moratorium 
permit, if it is carrying passengers for hire. Such vessel must observe 
the possession limits established pursuant to, and the prohibitions on 
sale specified in, Sec. 648.125.
    (7) Black sea bass vessels. Beginning June 1, 1997, any vessel of 
the United States that fishes for or retains black sea bass in or from 
the EEZ north of 35[deg]15.3[min] N. lat., the latitude of Cape Hatteras 
Light, NC, must have been issued and carry on board a valid black sea 
bass moratorium permit, except for vessels other than party or charter 
vessels that observe the possession limit established pursuant to Sec. 
648.145.
    (i) Moratorium permits--(A) Eligibility. To be eligible to apply for 
a moratorium permit to fish for and retain black sea bass in excess of 
the possession limit established pursuant to Sec. 648.145 in the EEZ 
north of 35[deg]15.3[min] N. Lat., the latitude of Cape Hatteras Light, 
NC, a vessel must have been issued a black sea bass moratorium permit 
for the preceding year, be replacing a vessel that was issued a black 
sea bass moratorium permit for the preceding year, or be replacing a 
vessel that was issued a confirmation of permit history.
    (B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]

[[Page 406]]

    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Party and charter boat permit. The owner of any party or 
charter boat must obtain a permit to fish for or retain black sea bass 
in or from U.S. waters of the western Atlantic Ocean from 
35[deg]15.3[min] N. lat., the latitude of Cape Hatteras Light, NC, 
northward to the U.S.-Canada border, while carrying passengers for hire.
    (8) Atlantic bluefish vessels. (i) Commercial. Any vessel of the 
United States including party and charter boats not carrying passengers 
for hire, that fishes for, possesses, or lands Atlantic bluefish in or 
from the EEZ in excess of the recreational possession limit specified at 
Sec. 648.164 must have been issued and carry on board a valid 
commercial bluefish vessel permit.
    (ii) Party and charter vessels. All party or charter boats must have 
been issued and carry on board a valid party or charter boat permit to 
fish for, possess, or land Atlantic bluefish in or from the EEZ if 
carrying passengers for hire. Persons on board such vessels must observe 
the possession limits established pursuant to Sec. 648.164 and the 
prohibitions on sale specified in Sec. 648.14(q).
    (9) Monkfish vessels. Any vessel of the United States, including a 
charter or party boat, must have been issued and have on board a valid 
monkfish permit to fish for, possess, or land any monkfish in or from 
the EEZ.
    (i) Limited access monkfish permits. (A) Eligibility. A vessel may 
be issued a limited access monkfish permit if it meets any of the 
following limited access monkfish permits criteria:
    (1) Category A permit (vessels without NE multispecies or scallop 
limited access DAS permits). The vessel landed at least 50,000 lb 
(22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of 
monkfish between February 28, 1991, and February 27, 1995;
    (2) Category B permit (vessels less than 51 gross registered tonnage 
(GRT) without NE multispecies or scallop limited access DAS permits that 
do not qualify for a Category A permit). The vessel landed at least 
7,500 lb (3,402 kg) tail-weight or 24,900 lb (11,294.6 kg) whole weight 
of monkfish between February 28, 1991, and February 27, 1995;
    (3) Category C permit (vessels with NE multispecies or scallop 
limited access DAS permits). The vessel landed at least 50,000 lb 
(22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of 
monkfish between February 28, 1991, and February 27, 1995; or
    (4) Category D permit (all vessels with NE multispecies limited 
access DAS permits and vessels less than 51 GRT with scallop limited 
access DAS permits that do not qualify for a Category C permit). The 
vessel landed at least 7,500 lb (3,402 kg) tail-weight or 24,900 lb 
(11,294.6 kg) whole weight of monkfish between February 28, 1991, and 
February 27, 1995.
    (5) Category F permit (vessels electing to participate in the 
Offshore Fishery Program). To fish in the Offshore Fishery Program, as 
described under Sec. 648.95, vessels must apply for and be issued a 
Category F permit and fish under this permit category for the entire 
fishing year. The owner of a vessel, or authorized representative, may 
change the vessel's limited access monkfish permit category within 45 
days of the effective date of the vessel's permit, provided the vessel 
has not fished under the monkfish DAS program during that fishing year. 
If such a request is not received within 45 days, the vessel owner may 
not request a change in permit category and the vessel's permit category 
will remain unchanged for the duration of the fishing year.
    (6) Category G permit (vessels restricted to fishing south of 
38[deg]40[min] N. lat. As described in Sec. 648.92(b) that do not 
qualify for a monkfish limited access Category A, B, C, or D permit). 
The vessel landed at least 50,000 lb (22,680 kg) tail weight or 166,000 
lb (75,296 kg) whole weight of monkfish in the area south of 
38[deg]00[min] N. lat. during the period March 15 through June 15 in the 
years 1995 to 1998.
    (7) Category H permit (vessels restricted to fishing south of 
38[deg]40[min] N. lat. As described in Sec. 648.92(b) that do not 
qualify for a monkfish limited access Category A, B, C, D, or G permit). 
The vessel landed at least 7,500 lb (3,402 kg) tail weight or 24,900 lb 
(11,294 kg) whole weight of monkfish in the area south of 38[deg]00[min] 
N.

[[Page 407]]

lat. during the period March 15 through June 15 in the years 1995 to 
1998.
    (B) Application/renewal restrictions. No one may apply for an 
initial limited access monkfish permit for a vessel after November 7, 
2000, unless otherwise allowed in this paragraph (a)(9)(i)(B). Vessels 
applying for an initial limited access Category G or H permit, as 
described in paragraphs (a)(9)(i)(A)(6) and (7) of this section, must do 
so on or before April 30, 2006.
    (C) Qualification restrictions. (1) See paragraph (a)(1)(i)(C) of 
this section.
    (2) Vessels under agreement for construction or under 
reconstruction. A vessel may be issued a limited access monkfish permit 
if the vessel was under written agreement for construction or 
reconstruction between February 28, 1994, and February 27, 1995, and 
such vessel meets any of the qualification criteria regarding amount of 
landings as stated in paragraph (a)(9)(i)(A) of this section between 
February 28, 1991, and February 27, 1996.
    (D) Change in ownership. (1) See paragraph (a)(1)(i)(D) of this 
section.
    (2) A vessel may be issued a limited access monkfish permit if it 
was under written agreement for purchase as of February 27, 1995 and 
meets any of the qualification criteria regarding amount of landings as 
stated in paragraph (a)(9)(i)(A) of this section between February 28, 
1991, and February 27, 1996.
    (E) Replacement vessels. (1) See paragraph (a)(1)(i)(E) of this 
section.
    (2) A vessel =51 GRT that lawfully replaced a vessel <51 
GRT between February 27, 1995, and October 7, 1999, that meets the 
qualification criteria set forth in paragraph (a)(9)(i)(A) of this 
section, but exceeds the 51 GRT vessel size qualification criteria as 
stated in paragraph (a)(9)(i)(A)(2) or (4) of this section, may qualify 
for and fish under the permit category for which the replaced vessel 
qualified.
    (3) A vessel that replaced a vessel that fished for and landed 
monkfish between February 28, 1991, and February 27, 1995, may use the 
replaced vessel's history in lieu of or in addition to such vessel's 
fishing history to meet the qualification criteria set forth in 
paragraph (a)(9)(i)(A)(1), (2), (3), or (4) of this section, unless the 
owner of the replaced vessel retained the vessel's permit or fishing 
history, or such vessel no longer exists and was replaced by another 
vessel according to the provisions in paragraph (a)(1)(i)(D) of this 
section.
    (4) A vessel that replaced a vessel that fished for and landed 
monkfish between March 15 through June 15 in the years 1995 through 
1998, may use the replaced vessel's history in lieu of, or in addition 
to, such vessel's fishing history to meet the qualification criteria set 
forth in paragraphs (a)(9)(i)(A)(6) and (7) of this section, unless the 
owner of the replaced vessel retained the vessel's permit or fishing 
history, or such vessel no longer exists and was replaced by another 
vessel according to the provision of paragraph (a)(1)(i)(D) of this 
section.
    (F) Upgraded vessel. (1) See paragraph (a)(1)(i)(F) of this section.
    (2) A vessel =51 GRT that upgraded from a vessel size <51 
GRT between February 27, 1995, and October 7, 1999, that meets any of 
the qualification criteria set forth in paragraph (a)(9)(i)(A) of this 
section, but exceeds the 51 GRT vessel size qualification criteria as 
stated in paragraphs (a)(9)(i)(A)(2) and (4) of this section, may 
qualify for and fish under the permit category of the smaller vessel.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specification. See paragraph (a)(1)(i)(H) of 
this section.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. A limited access monkfish 
permit may not be issued to a vessel or to its replacement, or remain 
valid, if the vessel's permit or fishing history has been used to 
qualify another vessel for another Federal fishery.
    (M) Notification of eligibility for Category G and H permits. (1) 
NMFS will attempt to notify all owners of vessels for which NMFS has 
credible evidence available to inform them that they meet the 
qualification criteria described in paragraph (a)(9)(i)(A)(6) or (7) of 
this section and that they qualify

[[Page 408]]

for a limited access monkfish Category G or H permit. Vessel owners that 
pre-qualify for a Category G or H permit must apply for the limited 
access permit for which they pre-qualified on or before April 30, 2006, 
to meet the qualification requirements.
    (2) If a vessel owner has not been notified that the vessel is 
eligible to be issued a limited access monkfish Category G or H permit, 
and the vessel owner believes that there is credible evidence that the 
vessel does qualify under the pertinent criteria, the vessel owner may 
apply for a limited access monkfish Category G or H permit on or before 
April 30, 2006, by submitting written evidence that the vessel meets the 
qualification requirements described in paragraph (a)(9)(i)(A)(6) or (7) 
of this section.
    (N) Appeal of denial of permit. (1) An applicant denied a limited 
access monkfish Category G or H permit may appeal to the Regional 
Administrator within 30 days of the notice of denial. Any such appeal 
shall be in writing. The only ground for appeal is that the Regional 
Administrator erred in concluding that the vessel did not meet the 
criteria described in paragraph (a)(9)(i)(A)(6) or (7) of this section. 
The appeal shall set forth the applicant's belief that the Regional 
Administrator made an error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator. The 
hearing officer shall make a recommendation to the Regional 
Administrator. The Regional Administrator's decision on the appeal is 
the final decision of the Department of Commerce.
    (3) Status of vessels pending appeal. (i) A vessel denied a limited 
access monkfish Category G or H permit may fish under the monkfish DAS 
program, provided that the denial has been appealed, the appeal is 
pending, and the vessel has on board a letter from the Regional 
Administrator authorizing the vessel to fish under the monkfish DAS 
program. The letter of authorization must be carried on board the 
vessel. A vessel with such a letter of authorization shall not exceed 
the annual allocation of monkfish DAS as specified in Sec. 648.92(b)(1) 
and must report the use of monkfish DAS according to the provisions of 
Sec. 648.10. If the appeal is finally denied, the Regional 
Administrator shall send a notice of final denial to the vessel owner; 
the letter authorizing temporary participation in the monkfish fishery 
shall become invalid 5 days after receipt of the notice of denial, but 
no later than 10 days from the date of the denial letter. If the appeal 
is approved, any DAS used during pendency of the appeal shall be 
deducted from the vessel's annual allocation of monkfish DAS for that 
fishing year.
    (ii) Monkfish incidental catch vessels (Category E). A vessel of the 
United States that is subject to these regulations and that has not been 
issued a limited access monkfish permit under paragraph (a)(9)(i)(A) of 
this section, is eligible for and may be issued a monkfish incidental 
catch (Category E) permit to fish for, possess, or land monkfish subject 
to the restrictions in Sec. 648.94(c).
    (ii) [Reserved]
    (10) Atlantic herring vessels--(i) Except as provided herein, any 
vessel of the United States must have been issued and have on board a 
valid Atlantic herring permit to fish for, possess, or land Atlantic 
herring in or from the EEZ. This requirement does not apply to the 
following:
    (A) A vessel that possesses herring solely for its use as bait, 
providing the vessel does not use or have on board purse seine, mid-
water trawl, pelagic gillnet, sink gillnet, or bottom trawl gear on any 
trip in which herring is fished for, possessed, or landed, and does not 
transfer, sell, trade, or barter such herring;
    (B) A skiff or other similar craft used exclusively to deploy the 
net in a purse seine operation during a fishing trip of a vessel that is 
duly permitted under this part; or
    (C) At-sea processors that do not harvest fish, provided that at-sea 
processor vessels are issued the at-sea processor permit specified under 
Sec. 648.6(a)(2).
    (ii) Atlantic herring carrier. An Atlantic herring carrier must have 
been issued and have on board a herring permit and a letter of 
authorization to receive and transport Atlantic herring

[[Page 409]]

caught by another permitted fishing vessel. The letter of authorization 
exempts such a vessel from the VMS and IVR vessel reporting requirements 
as specified in Sec. 648.7 and subpart K of this part, except as 
otherwise required by this part. An Atlantic herring carrier vessel must 
request and obtain a letter of authorization from the Regional 
Administrator, and must report all herring carried from each vessel on a 
given trip in its Fishing Vessel Trip Report. The Fishing Vessel Trip 
Report must include the vessel name. Carrier vessels under a letter of 
authorization may not conduct fishing activities except for purposes of 
transport or possess any fishing gear on board the vessel; must be used 
exclusively as an Atlantic herring carrier vessel; and must carry 
observers if required by NMFS. There is a minimum enrollment period of 7 
calendar days. While operating under a valid LOA, such vessels are 
exempt from any herring possession limits associated with the herring 
vessel permit categories. Herring carrier vessels under an LOA may not 
possess, transfer, or land any species except for Atlantic herring, 
except that they may possess Northeast multispecies transferred by 
vessels issued either an All Areas Limited Access Herring Permit and/or 
an Areas 2 and 3 Limited Access Herring Permit, consistent with the 
applicable possession limits for such vessels.
    (iii) Vessel size limitation. A vessel of the United States is 
eligible for and may be issued an Atlantic herring permit to fish for, 
possess, or land Atlantic herring in or from the EEZ, except for any 
vessel that is [gteqt]165 ft (50.3 m) in length overall (LOA), or 
 750 GRT (680.4 mt), or the vessel's total main propulsion 
machinery is  3,000 horsepower. Vessels that exceed the size 
or horsepower restrictions are eligible to be issued an at-sea 
processing permit specified under Sec. 648.6(a)(2)(ii).
    (iv) Limited access herring permits. (A) A vessel of the United 
States that fishes for, possesses, or lands more than 6,600 lb ( 3 mt) 
of herring, except vessels that fish exclusively in state waters for 
herring, must have been issued and carry on board one of the limited 
access herring permits described in paragraphs (a)(10)(iv)(A)(1)-(3) of 
this section, including both vessels engaged in pair trawl operations.
    (1) All Areas Limited Access Herring Permit. A vessel may fish for, 
possess, and land unlimited amounts of herring from all herring areas, 
provided the vessel qualifies for and has been issued this permit, 
subject to all other regulations of this part.
    (2) Areas 2 and 3 Limited Access Herring Permit. A vessel may fish 
for, possess, and land unlimited amounts of herring from herring Areas 2 
and 3, provided the vessel qualifies for and has been issued this 
permit, subject to all other regulations of this part.
    (3) Limited Access Incidental Catch Herring Permit. (i) A vessel 
that does not qualify for either of the permits specified in paragraphs 
(a)(10)(iv)(A)(1) and (2) of this section may fish for, possess, and 
land up to 55,000 lb (25 mt) of herring from any herring area, provided 
the vessel qualifies for and has been issued this permit, subject to all 
other regulations of this part.
    (ii) A vessel that does not qualify for an All Areas Limited Access 
Herring Permit specified in paragraph (a)(10)(iv)(A)(1) of this section, 
but qualifies for the Areas 2 and 3 Limited Access Herring Permit 
specified in paragraph (a)(10)(iv)(A)(2) of this section, may fish for, 
possess, and land up to 55,000 lb (25 mt) of herring from Area 1, 
provided the vessel qualifies for and has been issued this permit, 
subject to all other regulations of this part.
    (B) Eligibility for All Areas and Areas 2 and 3 Limited Access 
Herring Permits, and Confirmation of Permit History (CPH). A vessel is 
eligible for and may be issued either an All Areas or Areas 2 and 3 
Limited Access Herring Permit if it meets the permit history criteria in 
paragraph (a)(10)(iv)(B)(1) of this section and the relevant landing 
requirements in paragraphs (a)(10)(iv)(B)(2) and (3) of this section.
    (1) Permit history criteria for All Areas and Areas 2 and 3 Permits. 
(i) The vessel must have been issued a Federal herring permit (Category 
1 or 2) that was valid as of November 10, 2005; or
    (ii) The vessel is replacing a vessel that was issued a Federal 
herring permit (Category 1 or 2) between November 10, 2003, and November 
9, 2005. To

[[Page 410]]

qualify as a replacement vessel, the replacement vessel and the vessel 
being replaced must both be owned by the same vessel owner; or, if the 
vessel being replaced was sunk or destroyed, the vessel owner must have 
owned the vessel being replaced at the time it sunk or was destroyed; 
or, if the vessel being replaced was sold to another person, the vessel 
owner must provide a copy of a written agreement between the buyer of 
the vessel being replaced and the owner/seller of the vessel, 
documenting that the vessel owner/seller retained the herring permit and 
all herring landings history.
    (2) Landings criteria for the All Areas Limited Access Herring 
Permit-(i) The vessel must have landed at least 500 mt of herring in any 
one calendar year between January 1, 1993, and December 31, 2003, as 
verified by dealer reports submitted to NMFS or documented through valid 
dealer receipts, if dealer reports were not required by NMFS. In those 
cases where a vessel has sold herring but there are no required dealer 
receipts, e.g., transfers of bait at sea and border transfers, the 
vessel owner can submit other documentation that documents such 
transactions and proves that the herring thus transferred should be 
added to their landings history. The owners of vessels that fished in 
pair trawl operations may provide landings information as specified in 
paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings made by a 
vessel that is being replaced may be used to qualify a replacement 
vessel consistent with the requirements specified in paragraph 
(a)(10)(iv)(B)(1)(ii) of this section and the permit splitting 
prohibitions in paragraph (a)(10)(iv)(N) of this section.
    (ii) Extension of eligibility period for landings criteria for 
vessels under construction, reconstruction, or purchase contract. An 
applicant who submits written evidence that a vessel was under 
construction, reconstruction, or was under written contract for purchase 
as of December 31, 2003, may extend the period for determining landings 
specified in paragraph (a)(10)(iv)(B)(2)(i) of this section through 
December 31, 2004.
    (iii) Landings criteria for vessels using landings from pair trawl 
operations. To qualify for a limited access permit using landings from 
pair trawl operations, the owners of the vessels engaged in that 
operation must agree on how to divide such landings between the two 
vessels and apply for the permit jointly, as verified by dealer reports 
submitted to NMFS or valid dealer receipts, if dealer reports were not 
required by NMFS.
    (3) Landings criteria for the Areas 2 and 3 Limited Access Herring 
Permit. (i) The vessel must have landed at least 250 mt of herring in 
any one calendar year between January 1, 1993, and December 31, 2003, as 
verified by dealer reports submitted to NMFS or documented through valid 
dealer receipts, if dealer reports were not required by NMFS. In those 
cases where a vessel has sold herring but there are no required dealer 
receipts, e.g., transfers of bait at sea and border transfers, the 
vessel owner can submit other documentation that documents such 
transactions and proves that the herring thus transferred should be 
added to their landings history. The owners of vessels that fished in 
pair trawl operations may provide landings information as specified in 
paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings made by a 
vessel that is being replaced may be used to qualify a replacement 
vessel consistent with the requirements specified in paragraph 
(a)(10)(iv)(B)(1)(ii) of this section and the permit splitting 
prohibitions in paragraph (a)(10)(iv)(N) of this section.
    (ii) Extension of eligibility period for landings criteria for 
vessels under construction, reconstruction or purchase contract. An 
applicant who submits written evidence that a vessel was under 
construction, reconstruction, or was under written contract for purchase 
as of December 31, 2003, may extend the period for determining landings 
specified in paragraph (a)(10)(iv)(B)(3)(i) of this section through 
December 31, 2004.
    (iii) Landings criteria for vessels using landings from pair trawl 
operations. See paragraph (a)(10)(iv)(B)(2)(iii) of this section.
    (4) CPH. A person who does not currently own a fishing vessel, but 
owned a vessel that satisfies the permit eligibility requirements in 
paragraph (a)(10)(iv)(B) of this section that has

[[Page 411]]

sunk, been destroyed, or transferred to another person, but that has not 
been replaced, may apply for and receive a CPH that allows for a 
replacement vessel to obtain the relevant limited access herring permit 
if the fishing and permit history of such vessel has been retained 
lawfully by the applicant as specified in paragraph 
(a)(10)(iv)(B)(1)(ii) of this section and consistent with (a)(10)(iv)(N) 
of this section.
    (C) Eligibility for Incidental Catch Limited Access Herring Permit, 
and CPH. A vessel is eligible for and may be issued an Incidental 
Limited Access Herring Permit if it meets the permit history criteria 
specified in paragraph (a)(10)(iv)(C)(1) of this section and the 
landings criteria in paragraph (a)(10)(iv)(C)(2) of this section.
    (1) Permit history criteria. (i) The vessel must have been issued a 
Federal permit for Northeast multispecies, Atlantic mackerel, Atlantic 
herring, Loligo or Illex squid, or butterfish that was valid as of 
November 10, 2005; or
    (ii) The vessel is replacing a vessel that was issued a Federal 
permit for Northeast multispecies, Atlantic mackerel, Atlantic herring, 
Loligo or Illex squid, or butterfish that was issued between November 
10, 2003, and November 9, 2005. To qualify as a replacement vessel, the 
replacement vessel and the vessel being replaced must both be owned by 
the same vessel owner; or, if the vessel being replaced was sunk or 
destroyed, the vessel owner must have owned the vessel being replaced at 
the time it sunk or was destroyed; or, if the vessel being replaced was 
sold to another person, the vessel owner must provide a copy of a 
written agreement between the buyer of the vessel being replaced and the 
owner/seller of the vessel, documenting that the vessel owner/seller 
retained the herring permit and all herring landings history.
    (2) Landings criteria for Incidental Catch Limited Access Herring 
Permit. (i) The vessel must have landed at least 15 mt of herring in any 
calendar year between January 1, 1988, and December 31, 2003, as 
verified by dealer reports submitted to NMFS or documented through valid 
dealer receipts, if dealer reports were not required by NMFS. In those 
cases where a vessel has sold herring but there are no required dealer 
receipts, e.g., transfers of bait at sea and border transfers, the 
vessel owner can submit other documentation that documents such 
transactions and proves that the herring thus transferred should be 
added to the vessel's landings history. The owners of vessels that 
fished in pair trawl operations may provide landings information as 
specified in paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings 
made by a vessel that is being replaced may be used to qualify a 
replacement vessel consistent with the requirements specified in 
paragraph (a)(10)(iv)(B)(1)(ii) of this section and the permit splitting 
prohibitions in paragraph (a)(10)(iv)(N) of this section.
    (ii) Extension of eligibility period for landings criteria for 
vessels under construction, reconstruction or purchase contract. An 
applicant who submits written evidence that a vessel was under 
construction, reconstruction, or was under written contract for purchase 
as of December 31, 2003, may extend the period for determining landings 
specified in paragraph (a)(10)(iv)(C)(2)(i) of this section through 
December 31, 2004.
    (3) CPH. A person who does not currently own a fishing vessel, but 
owned a vessel that satisfies the permit eligibility requirements in 
paragraph (a)(10)(iv)(C) of this section that has sunk, been destroyed, 
or transferred to another person, but that has not been replaced, may 
apply for and receive a CPH that allows for a replacement vessel to 
obtain the relevant limited access herring permit if the fishing and 
permit history of such vessel has been retained lawfully by the 
applicant as specified in paragraph (a)(10)(iv)(B)(1)(ii) of this 
section and consistent with (a)(10)(iv)(N) of this section.
    (D) Application/renewal restrictions. (1) No one may apply for an 
initial limited access Atlantic herring permit or a CPH under paragraph 
(a)(10)(iv)(L) of this section after May 31, 2008, or after the 
abandonment or voluntary relinquishment of permit history as specified 
in paragraph (a)(10)(iv)(M) of this section.
    (2) An applicant who submits written proof that an eligible vessel 
was sold,

[[Page 412]]

with the seller retaining the herring history through a written 
agreement signed by both parties to the sale or transfer, may not 
utilize such history if the vessel's history was used to qualify another 
vessel for another limited access permit.
    (3) All limited access permits established under this section must 
be issued on an annual basis by April 30, the last day of the year for 
which the permit is issued, unless a CPH has been issued as specified in 
paragraph (a)(10)(iv)(L) of this section. Application for such permits 
must be received no later than March 31, which is 30 days before the 
last day of the permit year. Failure to renew a limited access permit in 
any fishing year bars the renewal of the permit in subsequent years.
    (E) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (F) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (G) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (H) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (I) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (J) Vessel baseline specifications. See paragraph (a)(1)(i)(H) of 
this section. If a herring CPH is initially issued, the vessel that 
provided the CPH eligibility establishes the size baseline against which 
future vessel size limitations shall be evaluated.
    (K) Limited access permit restrictions. [Reserved]
    (L) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of 
this section.
    (M) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (N) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section. Notwithstanding paragraph (a)(1)(i)(L), vessel owners 
applying for a limited access herring permit who sold vessels with 
limited access permits and retained the herring history before applying 
for the initial limited access herring permit may not use the herring 
history to qualify a vessel for the initial limited access herring 
permit, if the issuance of such permit would violate the restrictions on 
permit splitting. Furthermore, notwithstanding paragraph (a)(1)(i)(L), 
for the purposes of the Atlantic herring fishery, herrings landings 
history generated by separate owners of a single vessel at different 
times may be used the qualify more than one vessel, provided that each 
owner applying for a limited access permit, demonstrates that he/she 
created distinct fishing histories, and that such histories have been 
retained.
    (O) Appeal of denial of permit-(1) Eligibility. Any applicant 
eligible to apply for a limited access herring permit who is denied such 
permit may appeal the denial to the Regional Administrator within 30 
days of the notice of denial. Any such appeal may only be based on the 
grounds that the information used by the Regional Administrator was 
based on incorrect data. The appeal must be in writing, and must state 
the specific grounds for the appeal.
    (2) Appeal review. The Regional Administrator shall appoint a 
designee who shall make the initial decision on the appeal. The 
appellant may request a review of the initial decision by the Regional 
Administrator by so requesting in writing within 30 days of the notice 
of the initial decision. If the appellant does not request a review of 
the initial decision within 30 days, the initial decision is the final 
administrative action of the Department of Commerce. Such review will be 
conducted by a hearing officer appointed by the Regional Administrator. 
The hearing officer shall make findings and a recommendation to the 
Regional Administrator, which shall be advisory only. Upon receiving the 
findings and the recommendation, the Regional Administrator shall issue 
a final decision on the appeal. The Regional Administrator's decision is 
the final administrative action of the Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access herring permit may fish under the limited access herring permit, 
provided that the denial has been appealed, the appeal is pending, and 
the vessel has on board a letter from the Regional Administrator 
authorizing the vessel to fish under the limited access category. The 
Regional Administrator shall issue such a letter for the pendency of any 
appeal. The letter of authorization must be carried

[[Page 413]]

on board the vessel. If the appeal is finally denied, the Regional 
Administrator shall send a notice of final denial to the vessel owner; 
the authorizing letter becomes invalid 5 days after receipt of the 
notice of denial, but no later than 10 days from the date of the letter 
of denial.
    (v) Open access herring permit. A vessel that has not been issued a 
limited access Atlantic herring permit may obtain an open access 
incidental Atlantic herring permit to possess up to 6,600 lb (3 mt) of 
herring per trip, and is limited to one landing per calendar day.
    (11) Spiny dogfish vessels. Any vessel of the United States that 
commercially fishes for, possesses, or lands spiny dogfish in or from 
the EEZ must have been issued and carry on board a valid commercial 
spiny dogfish vessel permit.
    (12) Tilefish vessels. Any vessel of the United States must have 
been issued and carry on board a valid tilefish vessel permit to fish 
for, possess, or land tilefish in or from the tilefish management unit.
    (i) Limited access tilefish permits--(A) Eligibility. A vessel may 
be issued a limited access tilefish permit if it meets any of the 
following limited access tilefish permit criteria, provided that the 
vessel landed the specified amounts of tilefish to meet such criteria 
within the tilefish management unit:
    (1) Full-time tier 1 category. The vessel landed at least 250,000 lb 
(113,430 kg) of tilefish per year for any 3 years between 1993 and 1998, 
at least 1 lb (2.20 kg) of which was landed prior to June 15, 1993.
    (2) Full-time tier 2 category. The vessel landed at least 30,000 lb 
(13,612 kg) per year for any of 3 years between 1993 and 1998, at least 
1 lb (2.20 kg) of which was landed prior to June 15, 1993.
    (3) Part-time category. The vessel landed 10,000 lb (4,537 kg) of 
tilefish in any 1 year between 1988 and 1993 and 10,000 lb (4,537 kg) in 
any 1 year between 1994 and 1998, or landed 28,000 lb (12,904 kg) of 
tilefish in any 1 year between 1984 and 1993, at least 1 lb (2.20 kg) of 
which was landed prior to June 15, 1993.
    (B) Application/renewal restriction--(1) Initial application. A 
vessel owner must apply for an initial limited access tilefish permit 
before November 1, 2002, one year from the effective date of the 
regulations.
    (2) For fishing years beyond the initial application year, the 
provisions of paragraph (a)(1)(i)(B) of this section apply.
    (C) Qualification restrictions. The provisions of paragraph 
(a)(1)(i)(C) of this section apply.
    (D) Change in ownership. The provisions of paragraph (a)(1)(i)(D) of 
this section apply.
    (E) Replacement vessels. The provisions of paragraph (a)(1)(i)(E) of 
this section apply.
    (F) Upgraded vessel. The provisions of paragraph (a)(1)(i)(F) of 
this section apply.
    (G) Consolidation restriction. The provisions of paragraph 
(a)(1)(i)(G) of this section apply.
    (H) Vessel baseline specifications. The provisions of paragraph 
(a)(1)(i)(H) of this section apply.
    (I) Limited access permit restrictions. (1) A vessel may be issued a 
limited access tilefish permit for only one category during a fishing 
year.
    (2) A vessel issued a limited access tilefish permit may not be 
issued an incidental catch tilefish permit during a fishing year.
    (J) Confirmation of permit history. The provisions of paragraph 
(a)(1)(i)(J) of this section apply.
    (K) Abandonment or voluntary relinquishment of permits. The 
provisions of paragraph (a)(1)(i)(K) of this section apply.
    (L) Restriction on permit splitting. The provisions of paragraph 
(a)(1)(i)(L) of this section apply.
    (M) Appeal of denial of a permit. (1) Any applicant denied a 
tilefish limited access permit may appeal to the Regional Administrator 
within 30 days of the notice of denial. Any such appeal shall be in 
writing. The only ground for appeal is that the Regional Administrator 
erred in concluding that the vessel did not meet the criteria in 
paragraphs (a)(12)(i)(A)(1),(2), or (3) of this section. The appeal must 
set forth the basis for the applicant's belief that the decision of the 
Regional Administrator was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the

[[Page 414]]

Regional Administrator. The hearing officer shall make a recommendation 
to the Regional Administrator. The decision on the appeal by the 
Regional Administrator is the final decision of the Department of 
Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access tilefish permit may fish, provided that the denial has been 
appealed, the appeal is pending, and the vessel has on board a letter 
from the Regional Administrator authorizing the vessel to fish. The 
Regional Administrator will issue such a letter for the pendency of any 
appeal. The decision on the appeal is the final administrative action of 
the Department of Commerce. The letter of authorization must be carried 
on board the vessel. If the appeal is finally denied, the Regional 
Administrator shall send a notice of final denial to the vessel owner; 
the authorizing letter shall become invalid 5 days after receipt of the 
notice of denial.
    (ii) Tilefish incidental catch permit. A vessel of the United States 
that is subject to these regulations and that has not been issued a 
limited access tilefish permit is eligible for and may be issued a 
tilefish incidental catch permit to possess or land tilefish in or from 
the tilefish management unit. Such vessel is subject to the restrictions 
in Sec. 648.292.
    (13) Red Crab vessels. Any vessel of the United States must have 
been issued and have on board a valid red crab vessel permit to fish 
for, catch, possess, transport, land, sell, trade, or barter, any red 
crab or red crab part in or from the EEZ portion of the Red Crab 
Management Unit.
    (i) Limited access red crab permit--(A) Eligibility. A vessel, or 
its replacement, may be issued a limited access red crab permit if the 
vessel's total landings averaged greater than 250,000 lb (113,400 kg) of 
red crab per year for the 3 years beginning March 1, 1997, through 
February 29, 2000. To calculate the average value per year, the total 
landings of whole red crab, or its equivalent by weight, between March 
1, 1997, and February 29, 2000, inclusive, shall be divided by 3. If the 
quotient is greater than 250,000 lb (113,400 kg), the vessel meets the 
landings criteria. For example, if a vessel caught greater than 750,000 
lb (340,200 kg) in the 3-year qualifying time span--even if it fished 
just 2 of those 3 years--the average per year would be greater than 
250,000 lb (113,400 kg).
    (B) Application/renewal restriction--(1) Initial application for 
2002. A vessel owner must apply for an initial limited access red crab 
permit before April 8, 2003. No vessel owner may apply for an initial 
limited access red crab permit after this date.
    (2) Fishing years 2003 and beyond. (i) For fishing years beyond the 
initial year, the provisions of paragraph (a)(1)(i)(B) of this section 
apply.
    (ii) A limited-access permit holder may choose to declare out of the 
red crab fishery for the next fishing year by submitting a binding 
declaration on a form supplied by the Regional Administrator, which must 
be received by NMFS at least 180 days before the last day of the current 
fishing year. NMFS will presume that a vessel intends to fish during the 
next fishing year unless such binding declaration is received at least 
180 days before the last day of the current fishing year. Any limited-
access permit holder who has submitted a binding declaration must submit 
either a new binding declaration or a renewal application for the year 
after which they were declared out of the fishery.
    (C) Qualification restrictions. The provisions of paragraph 
(a)(1)(i)(C) of this section apply.
    (D) Change in ownership. The provisions of paragraph (a)(1)(i)(D) of 
this section apply.
    (E) Replacement vessels. (1) To be eligible for a limited access 
permit under this section, the replacement vessel's length, GRT, and NT 
may not exceed by greater than 10 percent the length, GRT, and NT of the 
vessel's baseline specifications. The replacement vessel must also meet 
any other applicable criteria under paragraph (a)(13)(i)(F) of this 
section.
    (2) A vessel that lawfully replaced a vessel that meets the 
qualification criteria set forth in paragraph (a)(13)(i)(A) of this 
section may qualify for and fish under the permit category for which the 
replaced vessel qualified.
    (3) A vessel that replaced a vessel that fished for and landed red 
crab between March 1, 1997, and February 29,

[[Page 415]]

2000, may use the replaced vessel's history in lieu of or in addition to 
such vessel's fishing history to meet the qualification criteria set 
forth in paragraph (a)(13)(i)(A) of this section, unless the owner of 
the replaced vessel retained the vessel's permit or fishing history, or 
such vessel no longer exists and was replaced by another vessel 
according to the provisions in paragraph (a)(1)(i)(D) of this section.
    (F) Upgraded vessel. A vessel may be upgraded, whether through 
refitting or replacement, and be eligible to retain or renew a limited 
access permit, provided that the vessel's length, GRT, and NT is 
increased no more than once. Any increase in any of the aforementioned 
specifications of vessel size may not exceed 10 percent of the vessel's 
baseline specifications, as applicable. If any increase in any of the 
aforementioned specifications of vessel size occurs, any increase in the 
other specifications must be performed at the same time.
    (G) Consolidation restriction. The provisions of paragraph 
(a)(1)(i)(G) of this section apply.
    (H) Vessel baseline specifications. The vessel baseline 
specifications in this section are the respective specifications 
(length, GRT, and NT) of the vessel indicated on the vessel's initial 
limited access permit as of the date the initial vessel applies for such 
permit.
    (I) Limited access permit restrictions. A vessel issued a limited 
access red crab permit may not be issued a red crab incidental catch 
permit during the same fishing year.
    (J) Confirmation of permit history (CPH). Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person and has not been replaced, 
must apply for and receive a CPH that confirms the fishing and permit 
history of such vessel has been retained lawfully by the applicant. To 
be eligible to obtain a CPH, the applicant must show that the qualifying 
vessel met the eligibility requirements, as applicable, in this part. 
Issuance of a valid CPH preserves the eligibility of the applicant to 
apply for a limited access permit for a replacement vessel based on the 
qualifying vessel's fishing and permit history at a subsequent time, 
subject to the replacement provisions specified in this section. If 
fishing privileges have been assigned or allocated previously under this 
part, based on the qualifying vessel's fishing and permit history, the 
CPH preserves such fishing privileges. A CPH must be applied for in 
order for the applicant to preserve the fishing rights and limited 
access eligibility of the qualifying vessel. An application for a CPH 
must be received by the Regional Administrator no later than 30 days 
prior to the end of the first full fishing year in which a vessel permit 
cannot be issued. Failure to do so is considered abandonment of the 
permit as described in paragraph (a)(1)(i)(K) of this section. A CPH 
issued under this part will remain valid until the fishing and permit 
history preserved by the CPH is used to qualify a replacement vessel for 
a limited access permit. Any decision regarding the issuance of a CPH 
for a qualifying vessel that has applied for or been issued previously a 
limited access permit is a final agency action subject to judicial 
review under 5 U.S.C. 704. Information requirements for the CPH 
application are the same as those for a limited access permit. Any 
request for information about the vessel on the CPH application form 
refers to the qualifying vessel that has been sunk, destroyed, or 
transferred. Vessel permit applicants who have been issued a CPH and who 
wish to obtain a vessel permit for a replacement vessel based upon the 
previous vessel history may do so pursuant to paragraph (a)(13)(i)(E) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. The 
provisions of paragraph (a)(1)(i)(K) of this section apply.
    (L) Restriction on permit splitting. The provisions of paragraph 
(a)(1)(i)(L) of this section apply.
    (M) Notification of eligibility for 2002. (1) NMFS will attempt to 
notify all owners of vessels for which NMFS has credible evidence that 
they meet the qualification criteria described in paragraph 
(a)(13)(i)(A) of this section and that they qualify for a limited access 
red crab permit. Vessel owners must

[[Page 416]]

still apply by April 8, 2003 to complete the qualification requirements.
    (2) If the vessel owner has not been notified that the vessel is 
eligible to be issued a limited access red crab permit, and the vessel 
owner believes that there is credible evidence that the vessel does 
qualify under the pertinent criteria, the vessel owner may apply for a 
limited access red crab permit by April 8, 2003 by submitting evidence 
that the vessel meets the requirements described in paragraph 
(a)(13)(i)(A) of this section.
    (N) Appeal of denial of a permit. (1) Any applicant denied a limited 
access red crab permit may appeal to the Regional Administrator within 
30 days of the notice of denial. Any such appeal shall be in writing. 
The only ground for appeal is that the Regional Administrator erred in 
concluding that the vessel did not meet the criteria in paragraph 
(a)(13)(i)(A) of this section. The appeal must set forth in writing the 
basis for the applicant's belief that the decision of the Regional 
Administrator was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator. The 
hearing officer shall make a recommendation to the Regional 
Administrator. The decision on the appeal by the Regional Administrator 
is the final decision of the Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access red crab permit may fish for and land red crab as if a limited 
access permit had been issued, provided that the denial has been 
appealed, the appeal is pending, the vessel owner has presented prima 
facie evidence that the decision was made in error, and the vessel has 
on board a letter from the Regional Administrator authorizing the vessel 
to fish. During the appeal, the vessel may only land up to 75,000 lb 
(34,019 kg) of red crab per trip. The Regional Administrator will issue 
such a letter for the pendency of any appeal. The decision on the appeal 
is the final administrative action of the Department of Commerce. The 
letter of authorization must be carried on board the vessel. If the 
appeal is finally denied, the Regional Administrator shall send a notice 
of final denial to the vessel owner; the authorizing letter shall become 
invalid 5 days after receipt of the notice of denial.
    (ii) Red crab incidental catch permit. A vessel of the United States 
that is subject to these regulations and that has not been issued a red 
crab limited access permit is eligible for and may be issued a red crab 
incidental catch permit to catch, possess, transport, land, sell, trade, 
barter, up to 500 lb (226.8 kg) of red crab, or its equivalent as 
specified at Sec. 648.263(a)(2)(i) and (ii), per fishing trip in or 
from the Red Crab Management Unit. Such vessel is subject to the 
restrictions in Sec. 648.263(b).
    (14) Skate vessels. Any vessel of the United States must have been 
issued and have on board a valid skate vessel permit to fish for, 
possess, transport, sell, or land skates in or from the EEZ portion of 
the Skate Management Unit.
    (b) Permit conditions. (1)(i) Any person who applies for and is 
issued or renews a fishing permit under this section agrees, as a 
condition of the permit, that the vessel and the vessel's fishing 
activity, catch, and pertinent gear (without regard to whether such 
fishing occurs in the EEZ or landward of the EEZ; and without regard to 
where such fish or gear are possessed, taken, or landed); are subject to 
all requirements of this part, unless exempted from such requirements 
under this part. All such fishing activities, catch, and gear will 
remain subject to all applicable state requirements. Except as otherwise 
provided in this part, if a requirement of this part and a management 
measure required by a state or local law differ, any vessel owner 
permitted to fish in the EEZ for any species managed under this part, 
except tilefish, must comply with the more restrictive requirement. 
Except as otherwise provided in this part, if a requirement of this part 
and a management measure required by a state or local law differ, any 
vessel owner permitted to fish in the tilefish management unit for 
tilefish managed under this part must comply with the more restrictive 
requirement. Owners and operators of vessels fishing under the terms of 
a summer flounder moratorium, scup moratorium, or black sea bass 
moratorium; or a spiny dogfish or bluefish

[[Page 417]]

commercial vessel permit, must also agree not to land summer flounder, 
scup, black sea bass, spiny dogfish, or bluefish, respectively, in any 
state after NMFS has published a notification in the Federal Register 
stating that the commercial quota for that state or period has been 
harvested and that no commercial quota is available for the respective 
species. A state not receiving an allocation of summer flounder, scup, 
black sea bass, or bluefish, either directly or through a coast-wide 
allocation, is deemed to have no commercial quota available. Owners and 
operators of vessels fishing under the terms of the tilefish limited 
access permit must agree not to land tilefish after NMFS has published a 
notification in the Federal Register stating that the quota for the 
tilefish limited access category under which a vessel is fishing has 
been harvested. Owners or operators fishing for surfclams and ocean 
quahogs within waters under the jurisdiction of any state that requires 
cage tags are not subject to any conflicting Federal minimum size or 
tagging requirements. If a surfclam and ocean quahog requirement of this 
part differs from a surfclam and ocean quahog management measure 
required by a state that does not require cage tagging, any vessel 
owners or operators permitted to fish in the EEZ for surfclams and ocean 
quahogs must comply with the more restrictive requirement while fishing 
in state waters. However, surrender of a surfclam and ocean quahog 
vessel permit by the owner by certified mail addressed to the Regional 
Administrator allows an individual to comply with the less restrictive 
state minimum size requirement, as long as fishing is conducted 
exclusively within state waters.
    (ii) Any person who applies for or has been issued a limited access 
or moratorium permit on or after September 4, 2007 agrees, as a 
condition of the permit, that the vessel may not fish for, catch, 
possess, or land, in or from Federal or state waters, any species of 
fish authorized by the permit, unless and until the permit has been 
issued or renewed in any subsequent permit year, or the permit either 
has been voluntarily relinquished pursuant to paragraph (a)(1)(i)(K) of 
this section or otherwise forfeited, revoked, or transferred from the 
vessel.
    (2) A vessel that is issued or renewed a limited access or 
moratorium permit on or after September 4, 2007 for any fishery governed 
under this section is prohibited from fishing for, catching, possessing, 
and/or landing any fish for which the vessel would be authorized under 
the respective limited access or moratorium permit in or from state and/
or Federal waters in any subsequent permit year, unless and until the 
limited access or moratorium permit has been issued or renewed pursuant 
to paragraph (a)(1)(i)(B) of this section and the valid permit is on 
board the vessel. This prohibition does not apply to a vessel for which 
the limited access or moratorium permit has been voluntarily 
relinquished pursuant to paragraph (a)(1)(i)(K) of this section or 
otherwise forfeited, revoked, or transferred from the vessel.
    (c) Permit applications--(1) General. Applicants for a permit under 
this section must submit a completed application on an appropriate form 
obtained from the Regional Administrator. The application must be signed 
and submitted to the Regional Administrator at least 30 days before the 
date on which the applicant desires to have the permit made effective. 
The Regional Administrator will notify the applicant of any deficiency 
in the application pursuant to this section. Vessel owners who are 
eligible to apply for limited access or moratorium permits under this 
part shall provide information with the application sufficient for the 
Regional Administrator to determine whether the vessel meets the 
applicable eligibility requirements specified in this section.
    (2) Vessel permit information requirements. (i) An application for a 
permit issued under this section, in addition to the information 
specified in paragraph (c)(1) of this section, also must contain at 
least the following information, and any other information required by 
the Regional Administrator: Vessel name, owner name or name of the 
owner's authorized representative, mailing address, and telephone 
number; USCG documentation number and a copy of the vessel's current 
USCG

[[Page 418]]

documentation or, for a vessel not required to be documented under title 
46 U.S.C., the vessel's state registration number and a copy of the 
current state registration; a copy of the vessel's current party/charter 
boat license (if applicable), home port and principal port of landing, 
length overall, GRT, NT, engine horsepower, year the vessel was built, 
type of construction, type of propulsion, approximate fish hold 
capacity, type of fishing gear used by the vessel, number of crew, 
number of party or charter passengers licensed to be carried (if 
applicable), permit category, if the owner is a corporation, a copy of 
the current Certificate of Incorporation or other corporate papers 
showing the date of incorporation and the names of the current officers 
of the corporation, and the names and addresses of all shareholders 
owning 25 percent or more of the corporation's shares; if the owner is a 
partnership, a copy of the current Partnership Agreement and the names 
and addresses of all partners; if there is more than one owner, the 
names of all owners having a 25-percent interest or more; and permit 
number of any current or, if expired, previous Federal fishery permit 
issued to the vessel.
    (ii) An application for an initial limited access multispecies hook-
gear permit must also contain the following information:
    (A) If the engine horsepower was changed or a contract to change the 
engine horsepower had been entered into prior to July 1, 1996, such that 
it is different from that stated in the vessel's most recent application 
for a Federal fisheries permit before July 1, 1996, sufficient 
documentation to ascertain the different engine horsepower. However, the 
engine replacement must be completed within 1 year of the date on which 
the contract was signed.
    (B) If the length, GRT, or NT was changed or a contract to change 
the length, GRT, or NT had been entered into prior to July 1, 1996, such 
that it is different from that stated in the vessel's most recent 
application for a Federal fisheries permit, sufficient documentation to 
ascertain the different length, GRT, or NT. However, the upgrade must be 
completed within 1 year from the date on which the contract was signed.
    (iii) An application for a limited access NE multispecies permit 
must also contain the following information:
    (A) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels fishing under the Small Vessel permit category, 
an annual declaration as either a Day or Trip gillnet vessel designation 
as described in Sec. 648.82(j). A vessel owner electing a Day or Trip 
gillnet designation must indicate the number of gillnet tags that he/she 
is requesting, and must include a check for the cost of the tags. A 
permit holder letter will be sent to the owner of each eligible gillnet 
vessel, informing him/her of the costs associated with this tagging 
requirement and providing directions for obtaining tags. Once a vessel 
owner has elected this designation, he/she may not change the 
designation or fish under the other gillnet category for the remainder 
of the fishing year. Incomplete applications, as described in paragraph 
(e) of this section, will be considered incomplete for the purpose of 
obtaining authorization to fish in the NE multispecies gillnet fishery 
and will be processed without a gillnet authorization.
    (B) [Reserved]
    (C) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels fishing under the Small Vessel permit category, 
an annual declaration as either a Day or Trip gillnet vessel designation 
as described in Sec. 648.82(j). A vessel owner electing a Day or Trip 
gillnet designation must indicate the number of gillnet tags that he/she 
is requesting, and must include a check for the cost of the tags. For 
the 2009 fishing year, a vessel owner that has already elected this 
designation prior to May 1, 2009, may change this designation through 
June 12, 2009. For the 2009 fishing year only, a vessel may fish under 
more than one gillnet category. A permit holder letter will be sent to 
the owner of each eligible gillnet vessel, informing him/her of the 
costs associated with this tagging requirement and providing directions 
for obtaining tags. Incomplete applications, as described in paragraph 
(e) of this section, will be

[[Page 419]]

considered incomplete for the purpose of obtaining authorization to fish 
in the NE multispecies gillnet fishery and will be processed without a 
gillnet authorization.
    (iv) An application for a scallop permit must also contain the 
following information:
    (A) For every person named by applicants for limited access scallop 
permits pursuant to paragraph (c)(2)(i) of this section, the names of 
all other vessels in which that person has an ownership interest and for 
which a limited access scallop permit has been issued or applied for.
    (B) If applying for a VMS general scallop permit, or full-time or 
part-time limited access scallop permit, or if opting to use a VMS unit, 
a copy of the vendor installation receipt or proof of vendor activation 
of the VMS from a NMFS-approved VMS vendor. NMFS-approved vendors are 
described in Sec. 648.9.
    (C) If applying to fish under the small dredge program set forth 
under Sec. 648.51(e), an annual declaration into the program.
    (v) An application for a surf clam and ocean quahog permit must also 
contain the pump horsepower.
    (vi) Prior to issuance of a limited access Atlantic herring permit, 
a VMS unit provided by a NMFS-approved vendor must be installed and NMFS 
must receive a notice from the vendor that the VMS is activated.
    (d) Fees. The Regional Administrator may charge a fee to recover 
administrative expenses of issuing a permit required under this section. 
The amount of the fee is calculated in accordance with the procedures of 
the NOAA Finance Handbook, available from the Regional Administrator, 
for determining 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; if it does 
not, the application will be considered incomplete for purposes of 
paragraph (e) of this section. Any fee paid by an insufficiently funded 
commercial instrument shall render any permit issued on the basis 
thereof null and void.
    (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Administrator shall issue a permit within 30 days of 
receipt of the application, unless the application is deemed incomplete 
for the following reasons:
    (i) The applicant has failed to submit a complete application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received and the 
applicant has submitted all applicable reports specified in Sec. 648.7;
    (ii) The application was not received by the Regional Administrator 
by the applicable deadline set forth in this section;
    (iii) The applicant and applicant's vessel failed to meet all 
applicable eligibility requirements set forth in this section;
    (iv) An applicant for a limited access multispecies combination 
vessel or individual DAS permit, a limited access scallop permit (except 
an occasional scallop permit), an LAGC scallop permit, or electing to 
use a VMS, has failed to meet all of the VMS requirements specified in 
Sec. Sec. 648.9 and 648.10; or
    (v) The applicant has failed to meet any other application 
requirements stated in this part.
    (2) Incomplete applications. Upon receipt of an incomplete or 
improperly executed application for any permit under this part, the 
Regional Administrator shall notify the applicant of the deficiency in 
the application. If the applicant fails to correct the deficiency within 
30 days following the date of notification, the application will be 
considered abandoned.
    (f) Change in permit information. Any change in the information 
specified in paragraphs (c)(2) or (c)(3) of this section must be 
submitted by the applicant in writing to the Regional Administrator 
within 15 days of the change, or the permit is void.
    (g) Expiration. A permit expires upon the renewal date specified in 
the permit.
    (h) Duration. A permit will continue in effect unless it is revoked, 
suspended, or modified under 15 CFR part 904, or otherwise expires, or 
ownership changes, or the applicant has failed to report any change in 
the information

[[Page 420]]

on the permit application to the Regional Administrator as specified in 
paragraph (f) of this section. However, the Regional Administrator may 
authorize the continuation of a permit if the new owner so requests. 
Applications for permit continuations must be addressed to the Regional 
Administrator.
    (i) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (j) Reissuance. A permit may be reissued by the Regional 
Administrator when requested in writing, stating the need for 
reissuance, the name of the vessel (if applicable), and the fishing 
permit number assigned. An application for the reissuance of a permit 
will not be considered a new application. The fee for a reissued permit 
shall be the same as for an initial permit.
    (k) Transfer. A permit issued under this part is not transferable or 
assignable. A permit will be valid only for the fishing vessel, owner 
and/or person for which it is issued.
    (l) Display. A vessel permit must be carried, at all times, on board 
the vessel for which it is issued and shall be subject to inspection 
upon request by any authorized officer. A person issued a permit under 
this section must be able to present the permit for inspection when 
requested by an authorized officer. Permits must be maintained in 
legible condition.
    (m) Sanctions. The Assistant Administrator may suspend, revoke, or 
modify, any permit issued or sought under this section. Procedures 
governing enforcement-related permit sanctions or denials are found at 
subpart D of 15 CFR part 904.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.4, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 74 FR 17052, Apr. 13, 2009, Sec. 648.4 was 
amended by suspending paragraph (c)(2)(iii)(A) and adding paragraph 
(c)(2)(iii)(C), effective May 1, 2009 through October 28, 2009.

    Effective Date Note: At 74 FR 42598, Aug. 24, 2009, Sec. 648.4 was 
amended by revising paragraph (a)(12), effective November 1, 2009. For 
the convenience of the user, the revised text is set forth as follows:



Sec. 648.4  Vessel permits.

    (a) * * *
    (12) Tilefish vessels. Any vessel of the United States must have 
been issued, under this part, and carry on board, a valid vessel permit 
to fish for, possess, or land tilefish, in or from the Tilefish 
Management Unit, and must fish under the authorization of a tilefish IFQ 
Allocation permit, issued pursuant to Sec. 648.291, to possess, or land 
tilefish in excess of the trip limit as specified under Sec. 648.293.
    (i) Party and charter vessel permits. Any party or charter vessel 
must have been issued, under this part, a Federal Charter/Party vessel 
permit to fish for tilefish in the Tilefish Management Unit, if it 
carries passengers for hire. Recreational fisherman fishing onboard such 
a vessel must observe the recreational possession limits as specified at 
Sec. 648.295 and the prohibition on sale.
    (ii) [Reserved]

                                * * * * *



Sec. 648.5  Operator permits.

    (a) General. Any operator of a vessel fishing for or possessing: 
Atlantic sea scallops, NE multispecies, spiny dogfish, monkfish, 
Atlantic herring, Atlantic surfclam, ocean quahog, Atlantic mackerel, 
squid, butterfish, scup, black sea bass, or Atlantic bluefish, harvested 
in or from the EEZ; tilefish harvested in or from the EEZ portion of the 
Tilefish Management Unit; skates harvested in or from the EEZ portion of 
the Skate Management Unit; or Atlantic deep-sea red crab harvested in or 
from the EEZ portion of the Red Crab Management Unit, issued a permit, 
including carrier and processing permits, for these species under this 
part, must have been issued under this section, and carry on board, a 
valid operator permit. An operator's permit issued pursuant to part 622 
or part 697 of this chapter satisfies the permitting requirement of this 
section. This requirement does not apply to operators of recreational 
vessels.
    (b) Operator permit application. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
provided by the Regional Administrator. The application must be signed 
by the applicant and submitted to the Regional Administrator at least 30 
days before the date

[[Page 421]]

upon which the applicant desires to have the permit made effective. The 
Regional Administrator will notify the applicant of any deficiency in 
the application, pursuant to this section.
    (c) Condition. Vessel operators who apply for an operator's permit 
under this section must agree as a condition of this permit that the 
operator and vessel's fishing, catch, crew size, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward of 
the EEZ, and without regard to where such fish or gear are possessed, 
taken, or landed) are subject to all requirements of this part while 
fishing in the EEZ or on board a vessel for which a permit is issued 
under Sec. 648.4, unless exempted from such requirements under Sec. 
648.12. The vessel and all such fishing, catch, and gear will remain 
subject to all applicable state or local requirements. Further, such 
operators must agree, as a condition of this permit, that, if the permit 
is suspended or revoked pursuant to 15 CFR part 904, the operator cannot 
be aboard any fishing vessel issued a Federal fisheries permit or any 
vessel subject to Federal fishing regulations while the vessel is at sea 
or engaged in offloading. If a requirement of this part and a management 
measure required by state or local law differ, any operator issued a 
permit under this part must comply with the more restrictive 
requirement.
    (d) Information requirements. An applicant must provide at least all 
the following information and any other information required by the 
Regional Administrator: Name, mailing address, and telephone number; 
date of birth; hair color; eye color; height; weight; and signature of 
the applicant. The applicant must also provide two recent (no more than 
1 year old), color, passport-size photographs.
    (e) Fees. Same as Sec. 648.4(d).
    (f) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Administrator shall issue an operator's permit within 30 
days of receipt of a completed application, if the criteria specified 
herein are met. Upon receipt of an incomplete or improperly executed 
application, the Regional Administrator will notify the applicant of the 
deficiency in the application. If the applicant fails to correct the 
deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (g) Expiration. Same as Sec. 648.4(g).
    (h) Duration. A permit is valid until it is revoked, suspended or 
modified under 15 CFR part 904, or otherwise expires, or the applicant 
has failed to report a change in the information on the permit 
application to the Regional Administrator as specified in paragraph (k) 
of this section.
    (i) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator when requested in writing by the 
applicant, stating the need for reissuance and the Federal operator 
permit number assigned. An applicant for a reissued permit must also 
provide two recent, color, passport-size photos of the applicant. An 
application for a reissued permit will not be considered a new 
application. An appropriate fee may be charged.
    (j) Transfer. Permits issued under this part are not transferable or 
assignable. A permit is valid only for the person to whom it is issued.
    (k) Change in permit application information. Notice of a change in 
the permit holder's name, address, or telephone number must be submitted 
in writing to, and received by, the Regional Administrator within 15 
days of the change in information. If written notice of the change in 
information is not received by the Regional Administrator within 15 
days, the permit is void.
    (l) Alteration. Same as Sec. 648.4(i).
    (m) Display. Any permit issued under this part must be maintained in 
legible condition and displayed for inspection upon request by any 
authorized officer or NMFS official.
    (n) Sanctions. Vessel operators with suspended or revoked permits 
may not be aboard a federally permitted fishing vessel in any capacity 
while the vessel is at sea or engaged in offloading. Procedures 
governing enforcement related permit sanctions and denials are found at 
subpart D of 15 CFR part 904.
    (o) Vessel owner responsibility. Vessel owners are responsible for 
ensuring that their vessels are operated by an

[[Page 422]]

individual with a valid operator's permit issued under this section.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996; 64 FR 57593, Oct. 26, 1999; 64 FR 66587, Nov. 
29, 1999; 65 FR 45851, July 26, 2000; 65 FR 77465, Dec. 11, 2000; 66 FR 
49143, Sept. 26, 2001; 67 FR 63231, Oct. 10, 2002; 68 FR 49699, Aug. 19, 
2003; 69 FR 62821, Oct. 28, 2004; 70 FR 21982, Apr. 28, 2005; 73 FR 
20119, Apr. 14, 2008]



Sec. 648.6  Dealer/processor permits.

    (a) General. (1) All dealers of NE multispecies, monkfish, skates, 
Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, 
spiny dogfish, summer flounder, Atlantic surf clam, ocean quahog, 
Atlantic mackerel, squid, butterfish, scup, bluefish, tilefish, and 
black sea bass; Atlantic surf clam and ocean quahog processors; Atlantic 
hagfish dealers and/or processors, and Atlantic herring processors or 
dealers, as described in Sec. 648.2; must have been issued under this 
section, and have in their possession, a valid permit or permits for 
these species.
    (2) At-sea processors-(i) At-sea mackerel processors. 
Notwithstanding the provisions of Sec. 648.4(a)(5), any vessel of the 
United States must have been issued and carry on board a valid at-sea 
processor permit issued under this section to receive over the side, 
possess, and process Atlantic mackerel harvested in or from the EEZ by a 
lawfully permitted vessel of the United States.
    (ii) Atlantic herring at-sea processing permit. A vessel of the 
United States, including a vessel that is  165 ft (50.3 m) 
length overall, or  750 GRT (680.4 mt), is eligible to obtain 
an Atlantic herring at-sea processing permit to receive and process 
Atlantic herring subject to the U.S. at-sea processing (USAP) allocation 
published by the Regional Administrator pursuant to Sec. 648.200. Such 
a vessel may not receive and process Atlantic herring caught in or from 
the EEZ unless the vessel has been issued and has on board an Atlantic 
herring at-sea processing permit.
    (iii) Reporting requirements. An at-sea processor receiving Atlantic 
mackerel or Atlantic herring is subject to dealer reporting requirements 
specified in Sec. 648.7(a).
    (b) Dealer/processor permit applications. Same as Sec. 648.5(b).
    (c) Information requirements. Applications must contain at least the 
following information, as applicable, and any other information required 
by the Regional Administrator: Company name, place(s) of business 
(principal place of business if applying for a surf clam and ocean 
quahog permit), mailing address(es) and telephone number(s), owner's 
name, dealer permit number (if a renewal), name and signature of the 
person responsible for the truth and accuracy of the application, a copy 
of the certificate of incorporation if the business is a corporation, 
and a copy of the partnership agreement and the names and addresses of 
all partners, if the business is a partnership, name of at-sea processor 
vessel, and current vessel documentation papers.
    (d) Fees. Same as Sec. 648.4(d).
    (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Administrator will issue a permit at any time during the 
fishing year to an applicant, unless the applicant fails to submit a 
completed application. An application is complete when all requested 
forms, information, and documentation have been received and the 
applicant has submitted all applicable reports specified in Sec. 648.7 
during the 12 months immediately preceding the application. Upon receipt 
of an incomplete or improperly executed application, the Regional 
Administrator will notify the applicant of the deficiency in the 
application. If the applicant fails to correct the deficiency within 30 
days following the date of notification, the application will be 
considered abandoned.
    (f) Expiration. Same as Sec. 648.4(g).
    (g) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or otherwise expires, or ownership 
changes, or the applicant has failed to report any change in the 
information on the permit application to the Regional Administrator as 
required by paragraph (j) of this section.
    (h) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator when requested in writing by the 
applicant, stating the need for reissuance and the

[[Page 423]]

Federal dealer permit number assigned. An application for a reissued 
permit will not be considered a new application. An appropriate fee may 
be charged.
    (i) Transfer. Permits issued under this part are not transferable or 
assignable. A permit is valid only for the person to whom, or other 
business entity to which, it is issued.
    (j) Change in application information. Same as Sec. 648.5(k).
    (k) Alteration. Same as Sec. 648.4(i).
    (l) Display. Same as Sec. 648.5(m).
    (m) Federal versus state requirements. If a requirement of this part 
differs from a fisheries management measure required by state law, any 
dealer issued a Federal dealer permit must comply with the more 
restrictive requirement.
    (n) Sanctions. Same as Sec. 648.4(m).

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996; 64 FR 57593, Oct. 26, 1999; 65 FR 45851, July 
26, 2000; 65 FR 77465, Dec. 11, 2000; 66 FR 49144, Sept. 26, 2001; 68 FR 
49699, Aug. 19, 2003; 69 FR 4864, Feb. 2, 2004; 69 FR 16178, Mar. 29, 
2004; 69 FR 30841, June 1, 2004; 72 FR 20038, Apr. 23, 2007; 72 FR 
11273, Mar. 12, 2007]



Sec. 648.7  Recordkeeping and reporting requirements.

    (a) Dealers--(1) Detailed report. Federally permitted dealers, and 
any individual acting in the capacity of a dealer, must submit to the 
Regional Administrator or to the official designee a detailed report of 
all fish purchased or received for a commercial purpose, other than 
solely for transport on land, within the time period specified in 
paragraph (f) of this section, by one of the available electronic 
reporting mechanisms approved by NMFS, unless otherwise directed by the 
Regional Administrator. The following information, and any other 
information required by the Regional Administrator, must be provided in 
each report:
    (i) Required information. All dealers issued a dealer permit under 
this part must provide: Dealer name; dealer permit number; name and 
permit number or name and hull number (USCG documentation number or 
state registration number, whichever is applicable) of vessel(s) from 
which fish are purchased or received; trip identifier for each trip from 
which fish are purchased or received from a commercial fishing vessel 
permitted under this part; date(s) of purchases and receipts; units of 
measure and amount by species (by market category, if applicable); price 
per unit by species (by market category, if applicable) or total value 
by species (by market category, if applicable); port landed; cage tag 
numbers for surfclams and ocean quahogs, if applicable; disposition of 
the seafood product; and any other information deemed necessary by the 
Regional Administrator. If no fish are purchased or received during a 
reporting week, a report so stating must be submitted.
    (ii) Exceptions. The following exceptions apply to reporting 
requirements for dealers permitted under this part:
    (A) Inshore Exempted Species, as defined in Sec. 648.2, are not 
required to be reported under this part;
    (B) When purchasing or receiving fish from a vessel landing in a 
port located outside of the Northeast Region (Maine, New Hampshire, 
Massachusetts, Connecticut, Rhode Island, New York, New Jersey, 
Pennsylvania, Maryland, Delaware, Virginia and North Carolina), only 
purchases or receipts of species managed by the Northeast Region under 
this part, and American lobster, managed under part 697 of this chapter, 
must be reported. Other reporting requirements may apply to those 
species not managed by the Northeast Region, which are not affected by 
this provision; and
    (C) Dealers issued a permit for Atlantic bluefin tuna under part 635 
of this chapter are not required to report their purchases or receipts 
of Atlantic bluefin tuna under this part. Other reporting requirements, 
as specified in Sec. 635.5 of this chapter, apply to the receipt of 
Atlantic bluefin tuna.
    (iii) Dealer reporting requirements for skates. In addition to the 
requirements under paragraph (a)(1)(i) of this section, dealers shall 
report the species of skates received. Species of skates shall be 
identified according to the following categories: Winter skate, little 
skate, little/winter skate, barndoor skate, smooth skate, thorny skate, 
clearnose skate, rosette skate, and unclassified skate. NMFS will 
provide dealers with a skate species identification guide.

[[Page 424]]

    (2) System requirements. All persons required to submit reports 
under paragraph (a)(1) of this section are required to have the 
capability to transmit data via the Internet. To ensure compatibility 
with the reporting system and database, dealers are required to utilize 
a personal computer, in working condition, that meets the minimum 
specifications identified by NMFS. The affected public will be notified 
of the minimum specifications via a letter to all Federal dealer permit 
holders.
    (3) Annual report. All persons issued a permit under this part are 
required to submit the following information on an annual basis, on 
forms supplied by the Regional Administrator:
    (i) All dealers and processors issued a permit under this part must 
complete all sections of the Annual Processed Products Report for all 
species that were processed during the previous year. Reports must be 
submitted to the address supplied by the Regional Administrator.
    (ii) Surfclam and ocean quahog processors and dealers whose plant 
processing capacities change more than 10 percent during any year shall 
notify the Regional Administrator in writing within 10 days after the 
change.
    (iii) Atlantic herring processors, including processing vessels, 
must complete and submit all sections of the Annual Processed Products 
Report.
    (iv) Atlantic hagfish processors must complete and submit all 
sections of the Annual Processed Products Report.
    (b) Vessel owners or operators--(1) Fishing Vessel Trip Reports--(i) 
The owner or operator of any vessel issued a valid permit or eligible to 
renew a limited access permit under this part must maintain on board the 
vessel, and submit, an accurate fishing log report for each fishing 
trip, regardless of species fished for or taken, on forms supplied by or 
approved by the Regional Administrator. As stated in paragraph (f)(2)(i) 
of this section, if no fishing trip is made during a month, a report 
stating so must be submitted for each month. If authorized in writing by 
the Regional Administrator, a vessel owner or operator may submit 
reports electronically, for example by using a VMS or other media. With 
the exception of those vessel owners or operators fishing under a 
surfclam or ocean quahog permit, at least the following information and 
any other information required by the Regional Administrator must be 
provided: Vessel name; USCG documentation number (or state registration 
number, if undocumented); permit number; date/time sailed; date/time 
landed; trip type; number of crew; number of anglers (if a charter or 
party boat); gear fished; quantity and size of gear; mesh/ring size; 
chart area fished; average depth; latitude/longitude (or loran station 
and bearings); total hauls per area fished; average tow time duration; 
hail weight, in pounds (or count of individual fish, if a party or 
charter vessel), by species, of all species, or parts of species, such 
as monkfish livers, landed or discarded; and, in the case of skate 
discards, ``small'' (i.e., less than 23 inches (58.42 cm), total length) 
or ``large'' (i.e., 23 inches (58.42 cm) or greater, total length) 
skates; dealer permit number; dealer name; date sold, port and state 
landed; and vessel operator's name, signature, and operator's permit 
number (if applicable).
    (ii) Surf clam and ocean quahog vessel owners and operators. The 
owner or operator of any vessel conducting any surf clam and ocean 
quahog fishing operations, except those conducted exclusively in waters 
of a state that requires cage tags or when he/she has surrendered the 
surf clam and ocean quahog fishing vessel permit, shall maintain, on 
board the vessel, an accurate daily fishing log for each fishing trip, 
on forms supplied by the Regional Administrator, showing at least: Name 
and permit number of the vessel, total amount in bushels of each species 
taken, date(s) caught, time at sea, duration of fishing time, locality 
fished, crew size, crew share by percentage, landing port, date sold, 
price per bushel, buyer, tag numbers from cages used, quantity of surf 
clams and ocean quahogs discarded, and allocation permit number.
    (iii) Vessel reporting requirements for skates. In addition to the 
requirements under paragraph (b)(1)(i) of this section, the owner or 
operator of any vessel issued a skate permit shall report the species of 
all skates landed. Species of skates shall be identified according

[[Page 425]]

to the following categories: Winter skate, little skate, little/winter 
skate, barndoor skate, smooth skate, thorny skate, clearnose skate, 
rosette skate, and unclassified skate. Discards of skates shall be 
reported according to two size classes, large skates (greater than or 
equal to 23 inches (58.42 cm) in total length) and small skates (less 
than 23 inches (58.42 cm) in total length). All other vessel reporting 
requirements remain unchanged. NOAA Fisheries will provide vessel owners 
or operators that intend to land skates with a skate identification 
guide to assist in this data collection program.
    (2) IVR system reports--(i) Atlantic herring owners or operators. 
The owner or operator of a vessel issued a permit to fish for Atlantic 
herring must report catches (retained and discarded) of herring each 
week to an IVR system, as specified in paragraphs (b)(2)(i)(A) and (B) 
of this section. The report shall include at least the following 
information, and any other information required by the Regional 
Administrator: Vessel identification, week in which species are caught, 
pounds retained, pounds discarded, management areas fished, and pounds 
of herring caught in each management area for the week. The IVR 
reporting week begins on Sunday at 0001 hrs (12:01 AM) local time and 
ends Saturday at 2400 hrs (12 midnight). Weekly Atlantic herring catch 
reports must be submitted via the IVR system by midnight, Eastern Time, 
each Tuesday for the previous week. Reports are required even if herring 
caught during the week has not yet been landed. This report does not 
exempt the owner or operator from other applicable reporting 
requirements of this section.
    (A) The owner or operator of any vessel issued a limited access 
herring permit must submit an Atlantic herring catch report via the IVR 
system each week, regardless of how much herring is caught (including 
weeks when no herring is caught), unless exempted from this requirement 
by the Regional Administrator.
    (B) An owner or operator of any vessel issued an open access permit 
for Atlantic herring that catches [gteqt] 2,000 lb (907.2 kg) of 
Atlantic herring on any trip in a week must submit an Atlantic herring 
catch report via the IVR system for that week as required by the 
Regional Administrator.
    (C) Atlantic herring IVR reports are not required from Atlantic 
herring carrier vessels.
    (D) Reporting requirements for vessels transferring herring at sea. 
A vessel that transfers herring at sea must comply with these 
requirements in addition to those specified at Sec. 648.13(f).
    (1) A vessel that transfers herring at sea to a vessel that receives 
it for personal use at bait must report all transfers on the Fishing 
Vessel Trip Report.
    (2) A vessel that transfers herring at sea to an authorized carrier 
vessel must report all transfers weekly via the IVR system and must 
report all transfers on the Fishing Vessel Trip Report. Each time the 
vessel offloads to the carrier vessel is defined as a trip for the 
purposes of reporting requirements and possession allowances.
    (3) A vessel that transfers herring at sea to an at-sea processor 
must report all transfers weekly via the IVR system and must report all 
transfers on the Fishing Vessel Trip Report. Each time the vessel 
offloads to the at-sea processing vessel is defined as a trip for the 
purposes of the reporting requirements and possession allowances. For 
each trip, the vessel must submit a Fishing Vessel Trip Report and the 
at-sea processing vessel must submit the detailed dealer report 
specified in paragraph (a)(1) of this section.
    (4) A transfer between two vessels issued valid Atlantic herring 
permits requires each vessel to submit a Fishing Vessel Trip Report, 
filled out as required by the LOA to transfer herring at sea, and a 
weekly IVR report for the amount of herring each vessel lands.
    (ii) Tilefish vessel owners or operators. The owner or operator of 
any vessel issued a limited access permit for tilefish must submit a 
tilefish catch report via the IVR system within 24 hours after returning 
to port and offloading as required by the Regional Administrator. The 
report shall include at least the following information, and any other 
information required by the Regional Administrator: Vessel 
identification, trip during which species are

[[Page 426]]

caught, and pounds landed. IVR reporting does not exempt the owner or 
operator from other applicable reporting requirements of this section.
    (iii) Red crab vessel owners and operators. The owner or operator of 
any vessel issued a limited access permit for red crab must submit a red 
crab catch report via the IVR system within 24 hours after returning to 
port and offloading as required by the Regional Administrator. The 
report shall include at least the following information, and any other 
information required by the Regional Administrator: Vessel 
identification, DAS confirmation number, trip during which species are 
caught, date landed, condition (whole, half sections with gills, half 
sections without gills), and pounds landed. IVR reporting does not 
exempt the owner or operator from other applicable reporting 
requirements of this section.
    (c) When to fill out a log report. Log reports required by paragraph 
(b)(1)(i) of this section must be filled out with all required 
information, except for information not yet ascertainable, prior to 
entering port with fish. Information that may be considered 
unascertainable prior to entering port with fish includes dealer name, 
dealer permit number, and date sold. Log reports must be completed as 
soon as the information becomes available. Log reports required by 
paragraph (b)(1)(ii) of this section must be filled out before landing 
any surfclams or ocean quahogs.
    (d) Inspection. Upon the request of an authorized officer or an 
employee of NMFS designated by the Regional Administrator to make such 
inspections, all persons required to submit reports under this part must 
make immediately available for inspection copies of reports, and all 
records upon which those reports are or will be based, that are required 
to be submitted or kept under this part.
    (e) Record retention. Any record, as defined at Sec. 648.2, related 
to fish possessed, received, or purchased by a dealer that is required 
to be reported, must be retained and be available for immediate review 
for a total of 3 years after the date the fish were first possessed, 
received, or purchased. Dealers must retain the required records and 
reports at their principal place of business. Copies of fishing log 
reports must be kept on board the vessel and available for review for at 
least 1 year, and must be retained for a total of 3 years after the date 
the fish were last possessed, landed, and sold.
    (f) Submitting reports--(1) Dealer or processor reports. (i) 
Detailed reports required by paragraph (a)(1)(i) of this section must be 
received by midnight of the first Tuesday following the end of the 
reporting week. If no fish are purchased or received during a reporting 
week, the report so stating required under paragraph (a)(1)(i) of this 
section must be received by midnight of the first Tuesday following the 
end of the reporting week.
    (ii) [Reserved]
    (iii) Dealers who want to make corrections to their trip-level 
reports via the electronic editing features may do so for up to 3 
business days following submission of the initial report. If a 
correction is needed more than 3 business days following the submission 
of the initial trip-level report, the dealer must contact NMFS directly 
to request an extension of time to make the correction.
    (iv) Through April 30, 2005, to accommodate the potential lag in 
availability of some required data, the trip identifier, price and 
disposition information required under paragraph (a)(1) may be submitted 
after the detailed weekly report, but must be received within 16 days of 
the end of the reporting week or the end of the calendar month, 
whichever is later. Dealers will be able to access and update previously 
submitted trip identifier, price, and disposition data.
    (v) Effective May 1, 2005, the trip identifier required under 
paragraph (a)(1) of this section must be submitted with the detailed 
report, as required under paragraphs (f)(1)(i) of this section. Price 
and disposition information may be submitted after the initial detailed 
report, but must be received within 16 days of the end of the reporting 
week.
    (vi) Annual reports for a calendar year must be postmarked or 
received by February 10 of the following year. Contact the Regional 
Administrator

[[Page 427]]

(see Table 1 to Sec. 600.502) for the address of NMFS Statistics.
    (2) Fishing vessel log reports. (i) Fishing vessel log reports, 
required by paragraph (b)(1)(i) of this section, must be postmarked or 
received within 15 days after the end of the reporting month. Each owner 
will be sent forms and instructions, including the address to which 
reports are to be submitted, shortly after receipt of a Federal 
fisheries permit. If no fishing trip is made during a month, a report 
stating so must be submitted.
    (ii) Surfclam and ocean quahog log reports, required by paragraph 
(b)(1)(ii) of this section, must be postmarked or received within 3 days 
after the end of each reporting week.
    (3) At-sea purchasers and processors. With the exception of the 
owner or operator of an Atlantic herring carrier vessel, the owner or 
operator of an at-sea purchaser or processor that purchases or processes 
any Atlantic herring, Atlantic mackerel, squid, butterfish, scup, or 
black sea bass at sea must submit information identical to that required 
by paragraph (a)(1) of this section and provide those reports to the 
Regional Administrator or designee by the same mechanism and on the same 
frequency basis.
    (g) Additional data and sampling. Federally permitted dealers must 
allow access to their premises and make available to an official 
designee of the Regional Administrator any fish purchased from vessels 
for the collection of biological data. Such data include, but are not 
limited to, length measurements of fish and the collection of age 
structures such as otoliths or scales.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.7, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 74 FR 42598, Aug. 24, 2009, Sec. 648.7 was 
amended by revising paragraph (b)(2)(ii), effective November 1, 2009. 
For the convenience of the user, the revised text is set forth as 
follows:



Sec. 648.7  Recordkeeping and reporting requirements.

                                * * * * *

    (b) * * *
    (2) * * *
    (ii) Tilefish vessel owners or operators. The owner or operator of 
any vessel fishing under a tilefish IFQ Allocation permit, issued under 
this part, as described in Sec. 648.291(a), must submit a tilefish 
catch report by using the IVR system within 48 hr after returning to 
port and offloading. The report shall include at least the following 
information, and any other information required by the Regional 
Administrator: Vessel identification, trip during which tilefish are 
caught, pounds landed, VTR pre-printed serial number, and the Federal 
dealer number for the dealer who purchases the tilefish. IVR reporting 
does not exempt the owner or operator from other applicable reporting 
requirements of this section.

                                * * * * *



Sec. 648.8  Vessel identification.

    (a) Vessel name and official number. Each fishing vessel subject to 
this part and over 25 ft (7.6 m) in registered length must:
    (1) Affix permanently its name on the port and starboard sides of 
the bow and, if possible, on its stern.
    (2) Display its official number on the port and starboard sides of 
the deckhouse or hull, and on an appropriate weather deck so as to be 
clearly visible from enforcement vessels and aircraft. The official 
number is the USCG documentation number or the vessel's state 
registration number for vessels not required to be documented under 
title 46 U.S.C.
    (b) Numerals. Except as provided in paragraph (d) of this section, 
the official number must be displayed in block arabic numerals in 
contrasting color at least 18 inches (45.7 cm) in height for fishing 
vessels over 65 ft (19.8 m) in registered length, and at least 10 inches 
(25.4 cm) in height for all other vessels over 25 ft (7.6 m) in 
registered length. The registered length of a vessel, for purposes of 
this section, is that registered length set forth in USCG or state 
records.
    (c) Duties of owner. The owner of each vessel subject to this part 
shall ensure that--
    (1) The vessel's name and official number are kept clearly legible 
and in good repair.

[[Page 428]]

    (2) No part of the vessel, its rigging, its fishing gear, or any 
other object obstructs the view of the official number from any 
enforcement vessel or aircraft.
    (d) Non-permanent marking. Vessels carrying recreational fishing 
parties on a per capita basis or by charter must use markings that meet 
the above requirements, except for the requirement that they be affixed 
permanently to the vessel. The non-permanent markings must be displayed 
in conformity with the above requirements.
    (e) New Jersey surf clam or ocean quahog vessels. Instead of 
complying with paragraph (a) of this section, surf clam or ocean quahog 
vessels licensed under New Jersey law may use the appropriate vessel 
identification markings established by that state.



Sec. 648.9  VMS vendor and unit requirements.

    (a) Approval. The type approval requirements for VMS MTUs and MCSPs 
for the Northeast Region are those as published by the NMFS Office of 
Law Enforcement in the Federal Register, and are available upon request. 
Both the minimum national standards and any established regional 
standards must be met in order to receive approval for use in the 
Northeast Region. The Regional Administrator shall approve all MTUs and 
MCSPs operating in the Northeast Region.
    (b) Maintenance. Once approved, VMS units must maintain the minimum 
standards for which they were approved in the type approval 
requirements. Any changes made to the original submission for approval 
of an MTU or MCSP by NMFS must follow the procedures outlined in the 
type approval requirements.
    (c) Notification. A list of approved VMS vendors will be published 
on the Northeast Regional Office Web site and in each proposed and final 
rule for implementing or modifying VMS requirements for specific 
fisheries.
    (d) Revocations. In the event that a VMS vendor is deleted from the 
list of approved vendors, vessel owners that purchased a VMS unit from 
that vendor to meet Northeast requirements will be considered authorized 
to use that unit for the remainder of the unit's service life.

[74 FR 20530, May 4, 2009]



Sec. 648.10  VMS and DAS requirements for vessel owners/operators.

    (a) VMS Demarcation Line. The VMS Demarcation Line is defined by 
straight lines connecting the following coordinates in the order stated 
(a copy of a map showing the line is available from the Regional 
Administrator upon request):

                          VMS Demarcation Line
------------------------------------------------------------------------
           Description                  N. lat.            W. long.
------------------------------------------------------------------------
1. Northern terminus point        45[deg]03[min]      66[deg]47[min]
 (Canada landmass).
2. A point east of West Quoddy    44[deg]48.9[min]    66[deg]56.1[min]
 Head Light.
3. A point east of Little River   44[deg]39.0[min]    67[deg]10.5[min]
 Light.
4. Whistle Buoy ``8BI'' (SSE of   44[deg]13.6[min]    68[deg]10.8[min]
 Baker Island).
5. Isle au Haut Light...........  44[deg]03.9[min]    68[deg]39.1[min]
6. A point south of Monhegan      43[deg]43.3[min]    69[deg]18.6[min]
 Island.
7. Pemaquid Point Light.........  43[deg]50.2[min]    69[deg]30.4[min]
8. A point west of Halfway Rock.  43[deg]38.0[min]    70[deg]05.0[min]
9. A point east of Cape Neddick   43[deg]09.9[min]    70[deg]34.5[min]
 Light.
10. Merrimack River Entrance      42[deg]48.6[min]    70[deg]47.1[min]
 ``MR'' Whistle Buoy.
11. Halibut Point Gong Buoy       42[deg]42.0[min]    70[deg]37.5[min]
 ``1AHP''.
12. Connecting reference point..  42[deg]40[min]      70[deg]30[min]
13. Whistle Buoy ``2'' off        42[deg]34.3[min]    70[deg]39.8[min]
 Eastern Point.
14. The Graves Light (Boston)...  42[deg]21.9[min]    70[deg]52.2[min]
15. Minots Ledge Light..........  42[deg]16.2[min]    70[deg]45.6[min]
16. Farnham Rock Lighted Bell     42[deg]05.6[min]    70[deg]36.5[min]
 Buoy.
17. Cape Cod Canal Bell Buoy      41[deg]48.9[min]    70[deg]27.7[min]
 ``CC''.
18. A point inside Cape Cod Bay.  41[deg]48.9[min]    70[deg]05[min]
19. Race Point Lighted Bell Buoy  42[deg]04.9[min]    70[deg]16.8[min]
 ``RP''.
20. Peaked Hill Bar Whistle Buoy  42[deg]07.0[min]    70[deg]06.2[min]
 ``2PH''.
21. Connecting point, off Nauset  41[deg]50[min]      69[deg]53[min]
 Light.
22. A point south of Chatham      41[deg]38[min]      69[deg]55.2[min]
 ``C'' Whistle Buoy.
22. A point in eastern Vineyard   41[deg]30[min]      70[deg]33[min]
 Sound.
24. A point east of Martha[min]s  41[deg]22.2[min]    70[deg]24.6[min]
 Vineyard.

[[Page 429]]

 
25. A point east of Great Pt.     41[deg]23.4[min]    69[deg]57[min]
 Light, Nantucket.
26. A point SE of Sankaty Head,   41[deg]13[min]      69[deg]57[min]
 Nantucket.
27. A point west of Nantucket...  41[deg]15.6[min]    70[deg]25.2[min]
28. Squibnocket Lighted Bell      41[deg]15.7[min]    70[deg]46.3[min]
 Buoy ``1''.
29. Wilbur Point (on Sconticut    41[deg]35.2[min]    70[deg]51.2[min]
 Neck).
30. Mishaum Point (on Smith       41[deg]31.0[min]    70[deg]57.2[min]
 Neck).
31. Sakonnet Entrance Lighted     41[deg]25.7[min]    71[deg]13.4[min]
 Whistle Buoy ``SR''.
32. Point Judith Lighted Whistle  41[deg]19.3[min]    71[deg]28.6[min]
 Buoy ``2''.
33. A point off Block Island      41[deg]08.2[min]    71[deg]32.1[min]
 Southeast Light.
34. Shinnecock Inlet Lighted      40[deg]49.0[min]    72[deg]28.6[min]
 Whistle Buoy ``SH''.
35. Scotland Horn Buoy ``S'',     40[deg]26.5[min]    73[deg]55.0[min]
 off Sandy Hook (NJ).
36. Barnegat Lighted Gong Buoy    39[deg]45.5[min]    73[deg]59.5[min]
 ``2''.
37. A point east of Atlantic      39[deg]21.9[min]    74[deg]22.7[min]
 City Light.
38. A point east of Hereford      39[deg]00.4[min]    74[deg]46[min]
 Inlet Light.
39. A point east of Cape          38[deg]47[min]      75[deg]04[min]
 Henlopen Light.
40. A point east of Fenwick       38[deg]27.1[min]    75[deg]02[min]
 Island Light.
41. A point NE of Assateague      38[deg]00[min]      75[deg]13[min]
 Island (VA).
42. Wachapreague Inlet Lighted    37[deg]35.0[min]    75[deg]33.7[min]
 Whistle Buoy ``A''.
43. A point NE of Cape Henry....  36[deg]55.6[min]    75[deg]58.5[min]
44. A point east of Currituck     36[deg]22.6[min]    75[deg]48[min]
 Beach Light.
45. Oregon Inlet (NC) Whistle     35[deg]48.5[min]    75[deg]30[min]
 Buoy.
46. Wimble Shoals, east of        35[deg]36[min]      75[deg]26[min]
 Chicamacomico.
47. A point SE of Cape Hatteras   35[deg]12.5[min]    75[deg]30[min]
 Light.
48. Hatteras Inlet Entrance Buoy  35[deg]10[min]      75[deg]46[min]
 ``HI''.
49. Ocracoke Inlet Whistle Buoy   35[deg]01.5[min]    76[deg]00.5[min]
 ``OC''.
50. A point east of Cape Lookout  34[deg]36.5[min]    76[deg]30[min]
 Light.
51. Southern terminus point.....  34[deg]35[min]      76[deg]41[min]
------------------------------------------------------------------------

    (b) Vessels required to use VMS. The following vessels must have 
installed on board an operational VMS unit that meets the minimum 
performance criteria specified in, or as modified pursuant to Sec. 
648.9(a):
    (1) A scallop vessel issued a Full-time or Part-time limited access 
scallop permit, or an LAGC scallop permit;
    (2) A scallop vessel issued an Occasional limited access permit when 
fishing under the Sea Scallop Area Access Program specified under Sec. 
648.60;
    (3) A vessel issued a limited access monkfish, Occasional scallop, 
or Combination permit, whose owner elects to provide the notifications 
required by this paragraph (b), unless otherwise authorized or required 
by the Regional Administrator under paragraph (d) of this section;
    (4) A vessel issued a limited access NE multispecies permit that 
fishes under a NE multispecies Category A or B DAS;
    (5) A vessel issued a surfclam (SF 1) or an ocean quahog (OQ 6) open 
access permit;
    (6) Effective January 1, 2009, a vessel issued a Maine mahogany 
quahog (OQ 7) limited access permit, unless otherwise exempted under 
paragraph Sec. 648.4(a)(4)(ii)(B)(1);
    (7) A limited access monkfish vessel electing to fish in the 
Offshore Fishery Program in the SFMA, as provided in Sec. 648.95; and
    (8) A vessel issued a limited access herring permit (i.e., All Areas 
Limited Access Permit, Areas 2 and 3 Limited Access Permit, Incidental 
Catch Limited Access Permit).
    (c) Operating requirements for all vessels. (1) Except as provided 
in paragraph (c)(2) of this section, or unless otherwise required by 
paragraph (c)(1)(ii) of this section, all required VMS units must 
transmit a signal indicating the vessel's accurate position, as 
specified under paragraph (c)(1)(i) of this section:
    (i) At least every hour, 24 hr a day, throughout the year; or
    (ii) At least twice per hour, 24 hr a day, throughout the year, for 
vessels issued a scallop permit and subject to the requirements of Sec. 
648.4(a)(2)(ii)(B).
    (2) Power-down exemption. (i) Any vessel required to transmit the 
vessel's location at all times, as required in paragraph (c)(1) of this 
section, is exempt from this requirement if it meets one

[[Page 430]]

or more of the following conditions and requirements:
    (A) The vessel will be continuously out of the water for more than 
72 consecutive hours, the vessel signs out of the VMS program by 
obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) 
of this section, and the vessel complies with all conditions and 
requirements of said letter;
    (B) For vessels fishing with a valid NE multispecies limited access 
permit, a valid surfclam and ocean quahog permit specified at Sec. 
648.4(a)(4), or an Atlantic sea scallop limited access permit, the 
vessel owner signs out of the VMS program for a minimum period of 30 
consecutive days by obtaining a valid letter of exemption pursuant to 
paragraph (c)(2)(ii) of this section, the vessel does not engage in any 
fisheries until the VMS unit is turned back on, and the vessel complies 
with all conditions and requirements of said letter;
    (C) The vessel has been issued a limited access herring permit, and 
is in port, unless required by other permit requirements for other 
fisheries to transmit the vessel's location at all times. Such a vessel 
must re-power the VMS and submit a valid VMS activity declaration prior 
to leaving port; or
    (D) The vessel has been issued an LAGC permit, is not in possession 
of any scallops onboard the vessel, is tied to a permanent dock or 
mooring, the vessel operator has notified NMFS through VMS by 
transmitting the appropriate VMS power-down code that the VMS will be 
powered down, and the vessel is not required by other permit 
requirements for other fisheries to transmit the vessel's location at 
all times. Such a vessel must re-power the VMS and submit a valid VMS 
activity declaration prior to moving from the fixed dock or mooring. VMS 
codes and instructions are available from the Regional Administrator.
    (ii) Letter of exemption--(A) Application. A vessel owner may apply 
for a letter of exemption from the VMS transmitting requirements 
specified in paragraph (c)(1) of this section for his/her vessel by 
sending a written request to the Regional Administrator and providing 
the following: The location of the vessel during the time an exemption 
is sought; the exact time period for which an exemption is needed (i.e., 
the time the VMS signal will be turned off and turned on again); and, in 
the case of a vessel meeting the conditions of paragraph (c)(2)(i)(A) of 
this section, sufficient information to determine that the vessel will 
be out of the water for more than 72 consecutive hours. The letter of 
exemption must be on board the vessel at all times, and the vessel may 
not turn off the VMS signal until the letter of exemption has been 
received.
    (B) Issuance. Upon receipt of an application, the Regional 
Administrator may issue a letter of exemption to the vessel if it is 
determined that the vessel owner provided sufficient information as 
required under this paragraph (c)(2), and that the issuance of the 
letter of exemption will not jeopardize accurate monitoring of the 
vessel's DAS. Upon written request, the Regional Administrator may 
change the time period for which the exemption is granted.
    (d) Presumption. If a VMS unit fails to transmit an hourly signal of 
a vessel's position, the vessel shall be deemed to have incurred a DAS, 
or fraction thereof, for as long as the unit fails to transmit a signal, 
unless a preponderance of evidence shows that the failure to transmit 
was due to an unavoidable malfunction or disruption of the transmission 
that occurred while the vessel was properly declared out of the scallop 
fishery, NE multispecies fishery, or monkfish fishery, as applicable, or 
while the vessel was not at sea.
    (e) VMS notifications--(1) VMS installation notification. (i) The 
owner of such a vessel specified in paragraph (b) of this section, with 
the exception of a vessel issued a limited access NE multispecies permit 
as specified in paragraph (b)(4) of this section, must provide 
documentation to the Regional Administrator at the time of application 
for a limited access permit that the vessel has an operational VMS unit 
installed on board that meets the minimum performance criteria, unless 
otherwise allowed under paragraph (b) of this section.
    (ii) Vessel owners must confirm the VMS unit's operation and 
communications service to NMFS by calling the Office of Law Enforcement 
(OLE) to

[[Page 431]]

ensure that position reports are automatically sent to and received by 
NMFS OLE.
    (iii) NMFS does not regard the fishing vessel as meeting the VMS 
requirements until automatic position reports and a manual declaration 
are received.
    (iv) If a vessel has already been issued a limited access permit 
without the owner providing such documentation, the Regional 
Administrator shall allow at least 30 days for the vessel to install an 
operational VMS unit that meets the minimum performance criteria, and 
for the owner to provide documentation of such installation to the 
Regional Administrator.
    (v) The owner of a vessel issued a limited access NE multispecies 
permit that fishes or intends to fish under a Category A or B DAS as 
specified in paragraph (b)(1)(vi) of this section must provide 
documentation to the Regional Administrator that the vessel has an 
operational VMS unit installed on board, meeting all requirements of 
this part, prior to fishing under a groundfish DAS.
    (vi) NMFS shall provide notification to all affected permit holders 
providing detailed information on procedures pertaining to VMS purchase, 
installation, and use.
    (2) Replacement VMS installations. Should a VMS unit require 
replacement, a vessel owner must submit documentation to the Regional 
Administrator, within 3 days of installation and prior to the vessel's 
next trip, verifying, as described in this paragraph (e), that the new 
VMS unit is an operational approved system as described under Sec. 
648.9(a).
    (3) Access. As a condition to obtaining a limited access scallop, 
multispecies, an Atlantic herring, a surfclam, ocean quahog, or Maine 
mahogany quahog permit; or as a condition of using a VMS unit; all 
vessel owners must allow NMFS, the USCG, and their authorized officers 
or designees access to the vessel's DAS data, if applicable, and to 
location data obtained from its VMS unit, if required, at the time of or 
after its transmission to the vendor or receiver, as the case may be.
    (4) Tampering. Tampering with a VMS, a VMS unit, or a VMS signal, is 
prohibited. Tampering includes any activity that may affect the unit's 
ability to operate or signal properly, or to accurately compute or 
report the vessel's position.
    (5) Fishery participation notification. (i) A vessel subject to the 
VMS requirements of Sec. 648.9 and paragraphs (b)-(d) of this section 
that has crossed the VMS Demarcation Line under paragraph (a) of this 
section is deemed to be fishing under the DAS program, the General 
Category scallop fishery, or other fishery requiring the operation of 
VMS as applicable, unless prior to leaving port, the vessel's owner or 
authorized representative declares the vessel out of the scallop, NE 
multispecies, or monkfish fishery, as applicable, for a specific time 
period. NMFS must be notified by transmitting the appropriate VMS code 
through the VMS, or unless the vessel's owner or authorized 
representative declares the vessel will be fishing in the Eastern U.S./
Canada Area, as described in Sec. 648.85(a)(3)(ii), under the 
provisions of that program.
    (ii) Notification that the vessel is not under the DAS program, the 
General Category scallop fishery, or any other fishery requiring the 
operation of VMS, must be received by NMFS prior to the vessel leaving 
port. A vessel may not change its status after the vessel leaves port or 
before it returns to port on any fishing trip.
    (iii) DAS counting for a vessel that is under the VMS notification 
requirements of paragraph (b) of this section, with the exception of 
vessels that have elected to fish exclusively in the Eastern U.S./Canada 
Area on a particular trip, as described in paragraph (e)(5) of this 
section, begins with the first location signal received showing that the 
vessel crossed the VMS Demarcation Line after leaving port. DAS counting 
ends with the first location signal received showing that the vessel 
crossed the VMS Demarcation Line upon its return to port.
    (iv) For those vessels that have elected to fish exclusively in the 
Eastern U.S./Canada Area pursuant to Sec. 648.85(a)(3)(ii), the 
requirements of this paragraph (b) begin with the first location signal 
received showing that the vessel crossed into the Eastern U.S./Canada 
Area and end with the first location signal received showing

[[Page 432]]

that the vessel crossed out of the Eastern U.S./Canada Area upon 
beginning its return trip to port, unless the vessel elects to also fish 
outside the Eastern U.S./Canada Area on the same trip, in accordance 
with Sec. 648.85(a)(3)(ii)(A).
    (v) The Regional Administrator may authorize or require the use of 
the call-in system instead of the use of VMS, as described under 
paragraph (h) of this section. Furthermore, the Regional Administrator 
may authorize or require the use of letters of authorization as an 
alternative means of enforcing possession limits, if VMS cannot be used 
for such purposes.
    (f) Atlantic sea scallop vessel VMS notification requirements. Less 
than 1 hr prior to leaving port, the owner or authorized representative 
of a scallop vessel that is required to use VMS as specified in 
paragraph (b)(1) of this section must notify the Regional Administrator 
by entering the appropriate VMS code that the vessel will be 
participating in the scallop DAS program, Area Access Program, or 
general category scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
    (1) IFQ scallop vessels. An IFQ scallop vessel that has crossed the 
VMS Demarcation Line specified under paragraph (a) of this section is 
deemed to be fishing under the IFQ program, unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery (i.e., agrees that the vessel will 
not possess, retain, or land scallops) for a specific time period by 
notifying the Regional Administrator through the VMS. An IFQ scallop 
vessel that is fishing north of 42[deg]20[min] N. lat. is deemed to be 
fishing under the NGOM scallop fishery unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery, as specified in paragraphs 
(e)(5)(i) and (ii) of this section, and the vessel does not possess, 
retain, or land scallops.
    (2) NGOM scallop fishery. An NGOM scallop vessel is deemed to be 
fishing under the NGOM scallop fishery unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery, as specified in paragraphs 
(e)(5)(i) and (ii) of this section, and the vessel does not possess, 
retain, or land scallops.
    (3) Incidental scallop fishery. An Incidental scallop vessel that 
has crossed the VMS Demarcation Line on any declared fishing trip for 
any species is deemed to be fishing under the Incidental scallop fishery 
unless, prior to the vessel leaving port, the vessel's owner or 
authorized representative declares the vessel out of the scallop 
fishery, as specified in paragraphs (e)(5)(i) and (ii) of this section, 
and the vessel does not possess, retain, or land scallops.
    (4) Catch reports. All scallop vessels fishing in the Sea Scallop 
Area Access Program as described in Sec. 648.60 are required to submit 
daily reports through VMS of scallops kept and yellowtail flounder 
caught (including discarded yellowtail flounder) on each Access Area 
trip. The VMS catch reporting requirements are specified in Sec. 
648.60(a)(9). A vessel issued an IFQ or NGOM scallop permit must report 
through VMS the amount of scallops kept on each trip declared as a 
scallop trip or on trips that are not declared through VMS as scallop 
trips, but on which scallops are caught incidentally. VMS catch reports 
by IFQ and NGOM scallop vessels must be sent prior to crossing the VMS 
Demarcation Line on the way back to port at the end of the trip, and 
must include the amount of scallop meats to be landed, the estimated 
time of arrival in port, the port at which the scallops will be landed, 
and the vessel trip report serial number recorded from that trip's 
vessel trip report.
    (5) Scallop vessels fishing under exemptions. Vessels fishing under 
the exemptions provided by Sec. 648.54 (a) and/or (b)(1) must comply 
with the exemption requirements and notify the Regional Administrator by 
VMS notification or by call-in notification as follows:
    (i) VMS notification for scallop vessels fishing under exemptions. 
(A) Notify the Regional Administrator, via their VMS, prior to the 
vessel's first trip under the state waters exemption program, that the 
vessel will be fishing exclusively in state waters; and

[[Page 433]]

    (B) Notify the Regional Administrator, via their VMS, prior to the 
vessel's first planned trip in the EEZ, that the vessel is to resume 
fishing under the vessel's DAS allocation.
    (ii) Call-in notification for scallop vessels fishing under 
exemptions. (A) Notify the Regional Administrator by using the call-in 
system and providing the following information at least 7 days prior to 
fishing under the exemption:
    (1) Owner and caller name and address;
    (2) Vessel name and permit number; and
    (3) Beginning and ending dates of the exemption period.
    (B) Remain under the exemption for a minimum of 7 days.
    (C) If, under the exemption for a minimum of 7 days and wishing to 
withdraw earlier than the designated end of the exemption period, notify 
the Regional Administrator of early withdrawal from the program by 
calling the call-in system, providing the vessel's name and permit 
number and the name and phone number of the caller, and stating that the 
vessel is withdrawing from the exemption. The vessel may not leave port 
to fish in the EEZ until 48 hr after notification of early withdrawal is 
received by the Regional Administrator.
    (D) The Regional Administrator will furnish a phone number for call-
ins upon request.
    (E) Such vessels must comply with the VMS notification requirements 
specified in paragraph (e) of this section by notifying the Regional 
Administrator by entering the appropriate VMS code that the vessel is 
fishing outside of the scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
    (g) VMS notification requirements for other fisheries. (1) Unless 
otherwise specified in this part, or via letters sent to affected permit 
holders under paragraph (e)(1)(iv) of this section, the owner or 
authorized representative of a vessel that is required to use VMS, as 
specified in paragraph (b) of this section, must notify the Regional 
Administrator of the vessel's intended fishing activity by entering the 
appropriate VMS code prior to leaving port at the start of each fishing 
trip.
    (2) Notification of a vessel's intended fishing activity includes, 
but is not limited to, gear and DAS type to be used; area to be fished; 
and whether the vessel will be declared out of the DAS fishery, or will 
participate in the NE multispecies and monkfish DAS fisheries, including 
approved special management programs.
    (3) A vessel cannot change any aspect of its VMS activity code 
outside of port, except as follows:
    (i) NE multispecies vessels are authorized to change the category of 
DAS used (i.e., flip its DAS), as provided at Sec. 648.85(b), or change 
the area declared to be fished so that the vessel may fish both inside 
and outside of the Eastern U.S./Canada Area on the same trip, as 
provided at Sec. 648.85(a)(3)(ii)(A).
    (ii) Vessels issued both a NE multispecies permit and a monkfish 
permit are authorized to change their DAS declaration from a NE 
multispecies Category A DAS to a monkfish DAS, while remaining subject 
to the to the NE multispecies DAS usage requirements under Sec. 
648.92(b)(1)(i), during the course of a trip, as provided at Sec. 
648.92(b)(1)(iii)(A).
    (4) VMS activity codes and declaration instructions are available 
from the Regional Administrator upon request.
    (h) Call-in notification. The owner of a vessel issued a limited 
access monkfish or red crab permit who is participating in a DAS program 
and who is not required to provide notification using a VMS, and a 
scallop vessel qualifying for a DAS allocation under the occasional 
category that has not elected to fish under the VMS notification 
requirements of paragraph (e) of this section and is not participating 
in the Sea Scallop Area Access program as specified in Sec. 648.60, and 
any vessel that may be required by the Regional Administrator to use the 
call-in program under paragraph (i) of this section, are subject to the 
following requirements:
    (1) Less than 1 hr prior to leaving port, for vessels issued a 
limited access NE multispecies DAS permit or, for vessels issued a 
limited access NE multispecies DAS permit and a limited access monkfish 
permit (Category C, D,

[[Page 434]]

F, G, or H), unless otherwise specified in this paragraph (h), and, 
prior to leaving port for vessels issued a limited access monkfish 
Category A or B permit, the vessel owner or authorized representative 
must notify the Regional Administrator that the vessel will be 
participating in the DAS program by calling the call-in system and 
providing the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Type of trip to be taken;
    (iv) Port of departure; and
    (v) That the vessel is beginning a trip.
    (2) A DAS begins once the call has been received and a confirmation 
number is given by the Regional Administrator, or when a vessel leaves 
port, whichever occurs first, unless otherwise specified in paragraph 
(e)(2)(iii) of this section.
    (3) Vessels issued a limited access monkfish Category C, D, F, G, or 
H permit that are allowed to fish as a monkfish Category A or B vessel 
in accordance with the provisions of Sec. 648.92(b)(2)(i) are subject 
to the call-in notification requirements for limited access monkfish 
Category A or B vessels specified under this paragraph (h) for those 
monkfish DAS when there is not a concurrent NE multispecies DAS.
    (4) The vessel's confirmation numbers for the current and 
immediately prior NE multispecies, monkfish, or red crab fishing trip 
must be maintained on board the vessel and provided to an authorized 
officer immediately upon request.
    (5) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Port of landing; and
    (iv) That the vessel has ended its trip.
    (6) A DAS ends when the call has been received and confirmation has 
been given by the Regional Administrator, or when a vessel enters port 
at the end of a fishing trip, whichever occurs later, unless otherwise 
specified in paragraph (e)(2)(iii) of this section.
    (7) The Regional Administrator will furnish a phone number for DAS 
notification call-ins upon request.
    (8) Any vessel that possesses or lands per trip more than 400 lb 
(181 kg) of scallops; any vessel issued a limited access NE multispecies 
permit subject to the NE multispecies DAS program requirements that 
possesses or lands regulated NE multispecies, except as provided in 
Sec. Sec. 648.10(h)(9)(ii), 648.17, and 648.89; any vessel issued a 
limited access monkfish permit subject to the monkfish DAS program and 
call-in requirement that possess or lands monkfish above the incidental 
catch trip limits specified in Sec. 648.94(c); and any vessel issued a 
limited access red crab permit subject to the red crab DAS program and 
call-in requirement that possesses or lands red crab above the 
incidental catch trip limits specified in Sec. 648.263(b)(1) shall be 
deemed to be in its respective DAS program for purposes of counting DAS 
and will be charged DAS from its time of sailing to landing, regardless 
of whether the vessel's owner or authorized representative provides 
adequate notification as required by paragraphs (e) through (h) of this 
section.
    (9) Vessels electing to use VMS. (i) A vessel issued a limited 
access monkfish, Occasional scallop, or Combination permit must use the 
call-in system specified in paragraph (h) of this section, unless the 
owner of such vessel has elected to provide the notifications required 
by paragraph (g) of this section, through VMS as specified under 
paragraph (h)(9)(ii) of this section. Any vessel issued a limited access 
monkfish or an Occasional scallop permit that has elected to provide 
notifications through VMS must continue to provide notifications through 
VMS for the entire fishing year.
    (ii) A vessel issued a limited access monkfish or Occasional scallop 
permit may be authorized by the Regional Administrator to provide the 
notifications required by paragraph (e) of this section using the VMS 
specified in paragraph (b) of this section. For the vessel to become 
authorized, the vessel owner must provide documentation to the Regional 
Administrator at the

[[Page 435]]

time of application for a limited access permit that the vessel has 
installed on board an operational VMS as provided under Sec. 648.9(a). 
A vessel that is authorized to use the VMS in lieu of the call-in 
requirement for DAS notification shall be subject to the requirements 
and presumptions described under paragraphs (e)(2)(i) through (v) of 
this section. This paragraph (h) does not apply to vessels electing to 
use the VMS.
    (i) Temporary authorization for use of the call-in system. The 
Regional Administrator may authorize or require, on a temporary basis, 
the use of the call-in system of notification specified in paragraph (h) 
of this section, instead of using the VMS. If use of the call-in system 
is authorized or required, the Regional Administrator shall notify 
affected permit holders through a letter, notification in the Federal 
Register, e-mail, or other appropriate means.
    (j) Additional NE multispecies call-in requirements--(1) Spawning 
season call-in. With the exception of a vessel issued a valid Small 
Vessel category permit or the Handgear A permit category, vessels 
subject to the spawning season restriction described in Sec. 648.82 
must notify the Regional Administrator of the commencement date of their 
20-day period out of the NE multispecies fishery through the IVR system 
(or through VMS, if required by the Regional Administrator) and provide 
the following information:
    (i) Vessel name and permit number;
    (ii) Owner and caller name and phone number; and
    (iii) Commencement date of the 20-day period.
    (2) Gillnet call-in. A vessel subject to the gillnet restriction 
described in Sec. 648.82 must notify the Regional Administrator of the 
commencement of its time out of the NE multispecies gillnet fishery 
using the procedure described in paragraph (k)(1) of this section.

[74 FR 20530, May 4, 2009]



Sec. 648.11  At-sea sea sampler/observer coverage.

    (a) The Regional Administrator may request any vessel holding a 
permit for Atlantic sea scallops, NE multispecies, monkfish, skates, 
Atlantic mackerel, squid, butterfish, scup, black sea bass, bluefish, 
spiny dogfish, Atlantic herring, tilefish, or Atlantic deep-sea red 
crab; or a moratorium permit for summer flounder; to carry a NMFS-
certified fisheries observer. A vessel holding a permit for Atlantic sea 
scallops is subject to the additional requirements specific in paragraph 
(g) of this section. Also, any vessel or vessel owner/operator that 
fishes for, catches or lands hagfish, or intends to fish for, catch, or 
land hagfish in or from the exclusive economic zone must carry a NMFS-
certified fisheries observer when requested by the Regional 
Administrator in accordance with the requirements of this section.
    (b) If requested by the Regional Administrator to carry an observer 
or sea sampler, it is the responsibility of the vessel owner to arrange 
for and facilitate observer or sea sampler placement. Owners of vessels 
selected for sea sampler/observer coverage must notify the appropriate 
Regional or Science and Research Director, as specified by the Regional 
Administrator, before commencing any fishing trip that may result in the 
harvest of resources of the respective fishery. Notification procedures 
will be specified in selection letters to vessel owners.
    (c) The Regional Administrator may waive the requirement to carry a 
sea sampler or observer if the facilities on a vessel for housing the 
observer or sea sampler, or for carrying out observer or sea sampler 
functions, are so inadequate or unsafe that the health or safety of the 
observer or sea sampler, or the safe operation of the vessel, would be 
jeopardized.
    (d) An owner or operator of a vessel on which a NMFS-approved sea 
sampler/observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the sea sampler/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 sea sampler's/observer's duties.
    (3) Provide true vessel locations, by latitude and longitude or 
loran coordinates, as requested by the observer/sea

[[Page 436]]

sampler, and allow the sea sampler/observer access to and use of the 
vessel's navigation equipment and personnel upon request to determine 
the vessel's position.
    (4) Notify the sea sampler/observer in a timely fashion of when 
fishing operations are to begin and end.
    (5) Allow for the embarking and debarking of the sea sampler/
observer, as specified by the Regional Administrator, ensuring that 
transfers of observers/sea samplers at sea are accomplished in a safe 
manner, via small boat or raft, during daylight hours as weather and sea 
conditions allow, and with the agreement of the sea samplers/ observers 
involved.
    (6) Allow the sea sampler/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.
    (7) Allow the sea sampler/observer to inspect and copy any the 
vessel's log, communications log, and records associated with the catch 
and distribution of fish for that trip.
    (e) The owner or operator of a vessel issued a summer flounder 
moratorium permit, a scup moratorium permit, a black sea bass moratorium 
permit, a bluefish permit, a spiny dogfish permit, an Atlantic herring 
permit, an Atlantic deep-sea red crab permit, a skate permit, or a 
tilefish permit, if requested by the sea sampler/observer, also must:
    (1) Notify the sea sampler/observer of any sea turtles, marine 
mammals, summer flounder, scup, black sea bass, bluefish, spiny dogfish, 
Atlantic herring, Atlantic deep-sea red crab, tilefish, skates 
(including discards) or other specimens taken by the vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, summer flounder, scup, black sea bass, bluefish, spiny dogfish, 
Atlantic herring, Atlantic deep-sea red crab, skates, tilefish, or other 
specimens taken by the vessel.
    (f) NMFS may accept observer coverage funded by outside sources if:
    (1) All coverage conducted by such observers is determined by NMFS 
to be in compliance with NMFS' observer guidelines and procedures.
    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The observer is approved by the Regional Administrator.
    (g) Atlantic sea scallop observer program--(1) General. Unless 
otherwise specified, owners, operators, and/or managers of vessels 
issued a Federal scallop permit under Sec. 648.4(a)(2), and specified 
in paragraph (b) of this section, must comply with this section and are 
jointly and severally responsible for their vessel's compliance with 
this section. To facilitate the deployment of at-sea observers, all sea 
scallop vessels issued limited access permits fishing in open areas or 
Sea Scallop Access Areas, and general category vessels fishing under the 
Sea Scallop Access Area program specified in Sec. 648.60, are required 
to comply with the additional notification requirements specified in 
paragraph (g)(2) of this section. All sea scallop vessels issued a VMS 
general category or Non-VMS general scallop permit that are 
participating in the Area Access Program specified in Sec. 648.60 are 
required to comply with the additional VMS notification requirements 
specified in paragraph (g)(2) of this section. When NMFS notifies the 
vessel owner, operator, and/or manager of any requirement to carry an 
observer on a specified trip in either an Access Area or Open Area as 
specified in paragraph (g)(3) of this section, the vessel may not fish 
for, take, retain, possess, or land any scallops without carrying an 
observer. Vessels may only embark on a scallop trip in open areas or 
Access Areas without an observer if the vessel owner, operator, and/or 
manager has been notified that the vessel has received a waiver of the 
observer requirement for that trip pursuant to paragraphs (g)(3) and 
(g)(4)(ii) of this section.
    (2) Vessel notification procedures--(i) Limited access vessels. 
Limited access vessel owners, operators, or managers shall notify NMFS/
NEFOP by telephone not more than 10 days prior to the beginning of any 
scallop trip of the time, port of departure, open area or specific Sea 
Scallop Access Area to be fished, and whether fishing as a scallop

[[Page 437]]

dredge, scallop trawl, or general category vessel.
    (ii) General category vessels. General category vessel owners, 
operators, or managers must notify the NMFS/NEFOP by telephone by 0001 
hr of the Thursday preceding the week (Sunday through Saturday) that 
they intend to start a scallop trip in an access area. If selected, up 
to two Sea Scallop Access Area trips that start during the specified 
week (Sunday through Saturday) can be selected to be covered by an 
observer. NMFS/NEFOP must be notified by the owner, operator, or vessel 
manager of any trip plan changes at least 48 hr prior to vessel 
departure.
    (3) Selection of scallop trips for observer coverage. Based on 
predetermined coverage levels for various permit categories and areas of 
the scallop fishery that are provided by NMFS in writing to all observer 
service providers approved pursuant to paragraph (h) of this section, 
NMFS shall notify the vessel owner, operator, or vessel manager whether 
the vessel must carry an observer, or if a waiver has been granted, for 
the specified scallop trip, within 24 hr of the vessel owner's, 
operator's, or vessel manager's notification of the prospective scallop 
trip, as specified in paragraph (g)(2) of this section. Any request to 
carry an observer may be waived by NMFS. All waivers for observer 
coverage shall be issued to the vessel by VMS so as to have on-board 
verification of the waiver. A vessel may not fish in an area with an 
observer waiver confirmation number that does not match the scallop trip 
plan that was called in to NMFS. Confirmation numbers for trip 
notification calls are only valid for 48 hr from the intended sail date; 
and
    (4) Procurement of observer services by scallop vessels. (i) An 
owner of a scallop vessel required to carry an observer under paragraph 
(g)(3) of this section must arrange for carrying an observer certified 
through the observer training class operated by the NMFS/NEFOP from an 
observer service provider approved by NMFS under paragraph (h) of this 
section. The owner, operator, or vessel manager of a vessel selected to 
carry an observer must contact the observer service provider and must 
provide at least 48-hr notice in advance of the fishing trip for the 
provider to arrange for observer deployment for the specified trip. The 
observer service provider will notify the vessel owner, operator, or 
manager within 18 hr whether they have an available observer. A list of 
approved observer service providers shall be posted on the NMFS/NEFOP 
Web site at http://www.nefsc.noaa.gov/femad/fsb/. The observer service 
provider may take up to 48 hr to arrange for observer deployment for the 
specified scallop trip.
    (ii) An owner, operator, or vessel manager of a vessel that cannot 
procure a certified observer within 48 hr of the advance notification to 
the provider due to the unavailability of an observer may request a 
waiver from NMFS/NEFOP from the requirement for observer coverage for 
that trip, but only if the owner, operator, or vessel manager has 
contacted all of the available observer service providers to secure 
observer coverage and no observer is available. NMFS/NEFOP shall issue 
such a waiver within 24 hr, if the conditions of this paragraph 
(g)(4)(ii) are met. A vessel may not begin the trip without being issued 
a waiver.
    (5) Owners of scallop vessels shall be responsible for paying the 
cost of the observer for all scallop trips on which an observer is 
carried onboard the vessel, regardless of whether the vessel lands or 
sells sea scallops on that trip, and regardless of the availability of 
set-aside for an increased possession limit or reduced DAS accrual rate. 
The owners of vessels that carry an observer may be compensated with a 
reduced DAS accrual rate for open area scallop trips or additional 
scallop catch per day in Sea Scallop Access Areas in order to help 
defray the cost of the observer, under the program specified in 
Sec. Sec. 648.53 and 648.60.
    (i) Observer service providers shall establish the daily rate for 
observer coverage on a scallop vessel on an Access Area trip or open 
area DAS scallop trip consistent with paragraphs (g)(5)(i)(A) and (B), 
respectively, of this section.
    (A) Access Area trips. For purposes of determining the daily rate 
for an observed scallop trip in a Sea Scallop Access Area, a service 
provider shall

[[Page 438]]

charge a vessel owner from when an observer boards a vessel until they 
disembark (dock to dock), where ``day'' is defined as a 24-hr period, or 
any portion of a 24-hr period, regardless of the calendar day. For 
example, if a vessel with an observer departs on the July 1st at 10 pm 
and lands on July 3rd at 1 am, the time at sea equals 27 hours, which 
would equate to 2 ``days.''
    (B) Open area scallop trips. For purposes of determining the daily 
rate for an observed scallop trip for open area DAS trips, a service 
provider shall charge dock to dock where ``day'' is defined as a 24-hour 
period, and portions of the other days would be pro-rated at an hourly 
charge (taking the daily rate divided by 24). For example, if a vessel 
with an observer departs on the July 1st at 10 pm and lands on July 3rd 
at 1 am, the time at sea equals 27 hours, so the provider would charge 1 
day and 3 hours.
    (ii) NMFS shall determine any reduced DAS accrual rate and the 
amount of additional pounds of scallops per day fished in a Sea Scallop 
Access Area for the applicable fishing year based on the economic 
conditions of the scallop fishery, as determined by best available 
information. Vessel owners and observer service providers shall be 
notified through the Small Entity Compliance Guide of any DAS accrual 
rate changes and any changes in additional pounds of scallops determined 
by the Regional Administrator to be necessary. Vessel owners and 
observer providers shall be notified by NMFS of any adjustments.
    (6) When the available DAS or TAC set-aside for observer coverage is 
exhausted, vessels shall still be required to carry an observer as 
specified in this section, and shall be responsible for paying for the 
cost of the observer, but shall not be authorized to harvest additional 
pounds or fish at a reduced DAS accrual rate.
    (h) Observer service provider approval and responsibilities--(1) 
General. An entity seeking to provide observer services must apply for 
and obtain approval from NMFS following submission of a complete 
application to The Observer Program Branch Chief, 25 Bernard St Jean 
Drive, East Falmouth, MA 02536. A list of approved observer service 
providers shall be distributed to vessel owners and shall be posted on 
the NMFS/NEFOP website at http://www.nefsc.noaa.gov/femad/fsb/.
    (2) Existing observer service providers. Observer service providers 
that currently deploy certified observers in the Northeast must submit 
an application containing the information specified in paragraph (h)(3) 
of this section, excluding any information specified in paragraph (h)(3) 
of this section that has already been submitted to NMFS.
    (3) Contents of application. An application to become an approved 
observer service provider shall contain the following:
    (i) Identification of the management, organizational structure, and 
ownership structure of the applicant's business, including 
identification by name and general function of all controlling 
management interests in the company, including but not limited to 
owners, board members, officers, authorized agents, and staff. If the 
applicant is a corporation, the articles of incorporation must be 
provided. If the applicant is a partnership, the partnership agreement 
must be provided.
    (ii) The permanent mailing address, phone and fax numbers where the 
owner(s) can be contacted for official correspondence, and the current 
physical location, business mailing address, business telephone and fax 
numbers, and business e-mail address for each office.
    (iii) A statement, signed under penalty of perjury, from each owner 
or owners, board members, and officers, if a corporation, that they are 
free from a conflict of interest as described under paragraph (h)(6) of 
this section.
    (iv) A statement, signed under penalty of perjury, from each owner 
or owners, board members, and officers, if a corporation, describing any 
criminal convictions, Federal contracts they have had, and the 
performance rating they received on the contract, and previous 
decertification action while working as an observer or observer service 
provider.
    (v) A description of any prior experience the applicant may have in 
placing individuals in remote field and/or marine work environments. 
This includes,

[[Page 439]]

but is not limited to, recruiting, hiring, deployment, and personnel 
administration.
    (vi) A description of the applicant's ability to carry out the 
responsibilities and duties of a fishery observer services provider as 
set out under paragraph (h)(2) of this section, and the arrangements to 
be used.
    (vii) Evidence of holding adequate insurance to cover injury, 
liability, and accidental death for observers during their period of 
employment (including during training). Workers' Compensation and 
Maritime Employer's Liability insurance must be provided to cover the 
observer, vessel owner, and observer provider. The minimum coverage 
required is $5 million. Observer service providers shall provide copies 
of the insurance policies to observers to display to the vessel owner, 
operator, or vessel manager, when requested.
    (viii) Proof that its observers, either contracted or employed by 
the service provider, are compensated with salaries that meet or exceed 
the U.S. Department of Labor (DOL) guidelines for observers. Observers 
shall be compensated as a Fair Labor Standards Act (FLSA) non-exempt 
employees. Observer providers shall provide any other benefits and 
personnel services in accordance with the terms of each observer's 
contract or employment status.
    (ix) The names of its fully equipped, NMFS/NEFOP certified, 
observers on staff or a list of its training candidates (with resumes) 
and a request for an appropriate NMFS/NEFOP Observer Training class. The 
NEFOP training has a minimum class size of eight individuals, which may 
be split among multiple vendors requesting training. Requests for 
training classes with less than eight individuals will be delayed until 
further requests make up the full training class size. Requests for 
training classes must be made 30 days in advance of the requested date 
and must have a complete roster of trainees at that time.
    (x) An Emergency Action Plan (EAP) describing its response to an 
``at sea'' emergency with an observer, including, but not limited to, 
personal injury, death, harassment, or intimidation.
    (4) Application evaluation. (i) NMFS shall review and evaluate each 
application submitted under paragraphs (h)(2) and (h)(3) of this 
section. Issuance of approval as an observer provider shall be based on 
completeness of the application, and a determination of the applicant's 
ability to perform the duties and responsibilities of a fishery observer 
service provider, as demonstrated in the application information. A 
decision to approve or deny an application shall be made by NMFS within 
15 business days of receipt of the application by NMFS.
    (ii) If NMFS approves the application, the observer service 
provider's name will be added to the list of approved observer service 
providers found on the NMFS/NEFOP website specified in paragraph (h)(1) 
of this section, and in any outreach information to the industry. 
Approved observer service providers shall be notified in writing and 
provided with any information pertinent to its participation in the 
fishery observer program.
    (iii) An application shall be denied if NMFS determines that the 
information provided in the application is not complete or the 
evaluation criteria are not met. NMFS shall notify the applicant in 
writing of any deficiencies in the application or information submitted 
in support of the application. An applicant who receives a denial of his 
or her application may present additional information to rectify the 
deficiencies specified in the written denial, provided such information 
is submitted to NMFS within 30 days of the applicant's receipt of the 
denial notification from NMFS. In the absence of additional information, 
and after 30 days from an applicant's receipt of a denial, an observer 
provider is required to resubmit an application containing all of the 
information required under the application process specified in 
paragraph (h)(3) of this section to be re-considered for being added to 
the list of approved observer service providers.
    (5) Responsibilities of observer service providers. (i) An observer 
service provider must provide observers certified by NMFS/NEFOP pursuant 
to paragraph (i) of this section for deployment in the scallop fishery 
when contacted and contracted by the owner, operator,

[[Page 440]]

or vessel manager of a vessel fishing in the scallop fishery, unless the 
observer service provider does not have an available observer within 48 
hr of receiving a request for an observer from a vessel owner, operator, 
and/or manager, or refuses to deploy an observer on a requesting vessel 
for any of the reasons specified at paragraph (h)(5)(viii) of this 
section. An observer's first three deployments and the resulting data 
shall be immediately edited and approved after each trip, by NMFS/NEFOP, 
prior to any further deployments by that observer. If data quality is 
considered acceptable, the observer would be certified.
    (ii) An observer service provider must provide to each of its 
observers:
    (A) All necessary transportation, including arrangements and 
logistics, of observers to the initial location of deployment, to all 
subsequent vessel assignments, and to any debriefing locations, if 
necessary;
    (B) Lodging, per diem, and any other services necessary for 
observers assigned to a fishing vessel or to attend an appropriate NMFS/
NEFOP Observer Training class;
    (C) The required observer equipment, in accordance with equipment 
requirements listed on the NMFS/NEFOP website specified in paragraph 
(h)(1) of this section, prior to any deployment and/or prior to NMFS 
observer certification training; and
    (D) Individually assigned communication equipment, in working order, 
such as a cell phone or pager, for all necessary communication. An 
observer service provider may alternatively compensate observers for the 
use of the observer's personal cell phone or pager for communications 
made in support of, or necessary for, the observer's duties.
    (iii) Observer deployment logistics. Each approved observer service 
provider must assign an available certified observer to a vessel upon 
request. Each approved observer service provider must provide for access 
by industry 24 hours per day, 7 days per week, to enable an owner, 
operator, or manager of a vessel to secure observer coverage when 
requested. The telephone system must be monitored a minimum of four 
times daily to ensure rapid response to industry requests. Observer 
service providers approved under paragraph (h) of this section are 
required to report observer deployments to NMFS daily for the purpose of 
determining whether the predetermined coverage levels are being achieved 
in the appropriate fishery.
    (iv) Observer deployment limitations. Unless alternative 
arrangements are approved by NMFS, an observer provider must not deploy 
any observer on the same vessel for more than two consecutive multi-day 
trips, and not more than twice in any given month for multi-day 
deployments.
    (v) Communications with observers. An observer service provider must 
have an employee responsible for observer activities on call 24 hours a 
day to handle emergencies involving observers or problems concerning 
observer logistics, whenever observers are at sea, stationed shoreside, 
in transit, or in port awaiting vessel assignment.
    (vi) Observer training requirements. The following information must 
be submitted to NMFS/NEFOP at least 7 days prior to the beginning of the 
proposed training class: A list of observer candidates; observer 
candidate resumes; and a statement signed by the candidate, under 
penalty of perjury, that discloses the candidate's criminal convictions, 
if any. All observer trainees must complete a basic cardiopulmonary 
resuscitation/first aid course prior to the end of a NMFS/NEFOP Sea 
Scallop Observer Training class. NMFS may reject a candidate for 
training if the candidate does not meet the minimum qualification 
requirements as outlined by NMFS/NEFOP Minimum Eligibility Standards for 
observers as described on the NMFS/NEFOP Web site.
    (vii) Reports--(A) Observer deployment reports. The observer service 
provider must report to NMFS/NEFOP when, where, to whom, and to what 
fishery (open or closed area) an observer has been deployed, within 24 
hr of the observer's departure. The observer service provider must 
ensure that the observer reports back to NMFS its Observer Contract 
(OBSCON) data, as described in the certified observer training, within 
24 hr of landing. OBSCON data are to be submitted electronically

[[Page 441]]

or by other means as specified by NMFS. The observer service provider 
shall provide the raw (unedited) data collected by the observer to NMFS 
within 72 hr, which should be within 4 business days of the trip 
landing.
    (B) Safety refusals. The observer service provider must report to 
NMFS any trip that has been refused due to safety issues, e.g., failure 
to hold a valid USCG Commercial Fishing Vessel Safety Examination Decal 
or to meet the safety requirements of the observer's pre-trip vessel 
safety checklist, within 24 hours of the refusal.
    (C) Biological samples. The observer service provider must ensure 
that biological samples, including whole marine mammals, sea turtles, 
and sea birds, are stored/handled properly and transported to NMFS 
within 7 days of landing.
    (D) Observer debriefing. The observer service provider must ensure 
that the observer remains available to NMFS, including NMFS Office for 
Law Enforcement, for debriefing for at least 2 weeks following any 
observed trip. If requested by NMFS, an observer that is at sea during 
the 2-week period must contact NMFS upon his or her return.
    (E) Observer availability report. The observer service provider must 
report to NMFS any occurrence of inability to respond to an industry 
request for observer coverage due to the lack of available observers by 
5 p.m., Eastern Standard Time, of any day on which the provider is 
unable to respond to an industry request for observer coverage.
    (F) Other reports. The observer provider must report possible 
observer harassment, discrimination, concerns about vessel safety or 
marine casualty, observer illness or injury, and any information, 
allegations, or reports regarding observer conflict of interest or 
breach of the standards of behavior must be submitted to NMFS within 24 
hours of the event or within 24 hours of learning of the event.
    (G) Observer status report. Providers must provide NMFS/NEFOP with 
an updated list of contact information for all observers that includes 
the observer identification number, observer's name, mailing address, e-
mail address, phone numbers, homeports or fisheries/trip types assigned, 
and must include whether or not the observer is ``in service,'' 
indicating when the observer has requested leave and/or is not currently 
working for the industry funded program.
    (H) Providers must submit to NMFS/NEFOP, if requested, a copy of 
each type of signed and valid contract (including all attachments, 
appendices, addendums, and exhibits incorporated into the contract) 
between the observer provider and those entities requiring observer 
services.
    (I) Providers must submit to NMFS/NEFOP, if requested, a copy of 
each type of signed and valid contract (including all attachments, 
appendices, addendums, and exhibits incorporated into the contract) 
between the observer provider and specific observers.
    (J) Providers must submit to NMFS/NEFOP, if requested, copies of any 
information developed and used by the observer providers distributed to 
vessels, such as informational pamphlets, payment notification, 
description of observer duties, etc.
    (viii) Refusal to deploy an observer. (A) An observer service 
provider may refuse to deploy an observer on a requesting fishing vessel 
if the observer service provider does not have an available observer 
within 72 hours of receiving a request for an observer from a vessel.
    (B) An observer service provider may refuse to deploy an observer on 
a requesting fishing vessel if the observer service provider has 
determined that the requesting vessel is inadequate or unsafe pursuant 
to the reasons described at Sec. 600.746.
    (C) The observer service provider may refuse to deploy an observer 
on a fishing vessel that is otherwise eligible to carry an observer for 
any other reason, including failure to pay for previous observer 
deployments, provided the observer service provider has received prior 
written confirmation from NMFS authorizing such refusal.
    (6) Limitations on conflict of interest. An observer service 
provider:
    (i) Must not have a direct or indirect interest in a fishery managed 
under Federal regulations, including, but not limited to, a fishing 
vessel, fish dealer, fishery advocacy group, and/or fishery research;

[[Page 442]]

    (ii) Must assign observers without regard to any preference by 
representatives of vessels other than when an observer will be deployed; 
and
    (iii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who conducts fishing or fishing related activities 
that are regulated by NMFS, or who has interests that may be 
substantially affected by the performance or nonperformance of the 
official duties of observer providers.
    (7) Removal of observer service provider from the list of approved 
observer service providers. An observer provider that fails to meet the 
requirements, conditions, and responsibilities specified in paragraphs 
(h)(5) and (h)(6) of this section shall be notified by NMFS, in writing, 
that it is subject to removal from the list of approved observer service 
providers. Such notification shall specify the reasons for the pending 
removal. An observer service provider that has received notification 
that it is subject to removal from the list of approved observer service 
providers may submit information to rebut the reasons for removal from 
the list. Such rebuttal must be submitted within 30 days of notification 
received by the observer service provider that the observer service 
provider is subject to removal and must be accompanied by written 
evidence that clearly disproves the reasons for removal. NMFS shall 
review information rebutting the pending removal and shall notify the 
observer service provider within 15 days of receipt of the rebuttal 
whether or not the removal is warranted. If no response to a pending 
removal is received by NMFS, the observer service provider shall be 
automatically removed from the list of approved observer service 
providers. The decision to remove the observer service provider from the 
list, either after reviewing a rebuttal, or if no rebuttal is submitted, 
shall be the final decision of NMFS and the Department of Commerce. 
Removal from the list of approved observer service providers does not 
necessarily prevent such observer service provider from obtaining an 
approval in the future if a new application is submitted that 
demonstrates that the reasons for removal are remedied. Certified 
observers under contract with an observer service provider that has been 
removed from the list of approved service providers must complete their 
assigned duties for any fishing trips on which the observers are 
deployed at the time the observer service provider is removed from the 
list of approved observer service providers. An observer service 
provider removed from the list of approved observer service providers is 
responsible for providing NMFS with the information required in 
paragraph (h)(5)(vii) of this section following completion of the trip. 
NMFS may consider, but is not limited to, the following in determining 
if an observer service provider may remain on the list of approved 
observer service providers:
    (i) Failure to meet the requirements, conditions, and 
responsibilities of observer service providers specified in paragraphs 
(h)(5) and (h)(6) of this section;
    (ii) Evidence of conflict of interest as defined under paragraph 
(h)(3) of this section;
    (iii) Evidence of criminal convictions related to:
    (A) Embezzlement, theft, forgery, bribery, falsification or 
destruction of records, making false statements, or receiving stolen 
property; or
    (B) The commission of any other crimes of dishonesty, as defined by 
state law or Federal law that would seriously and directly affect the 
fitness of an applicant in providing observer services under this 
section;
    (iv) Unsatisfactory performance ratings on any Federal contracts 
held by the applicant; and
    (v) Evidence of any history of decertification as either an observer 
or observer provider.
    (i) Observer certification. (1) To be certified, employees or sub-
contractors operating as observers for observer service providers 
approved under paragraph (h) of this section must meet NMFS National 
Minimum Eligibility Standards for observers. NMFS National Minimum 
Eligibility Standards are available at the National Observer Program 
website: http://www.st.nmfs.gov/st4/nop/.
    (2) Observer training. In order to be deployed on any fishing 
vessel, a candidate observer must have passed an

[[Page 443]]

appropriate NMFS/NEFOP Observer Training course. If a candidate fails 
training, the candidate shall be notified in writing on or before the 
last day of training. The notification will indicate the reasons the 
candidate failed the training. Observer training shall include an 
observer training trip, as part of the observer's training, aboard a 
fishing vessel with a trainer. A certified observer's first deployment 
and the resulting data shall be immediately edited, and approved, by 
NMFS prior to any further deployments of that observer.
    (3) Observer requirements. All observers must:
    (i) Have a valid NMFS/NEFOP fisheries observer certification 
pursuant to paragraph (i)(1) of this section;
    (ii) Be physically and mentally capable of carrying out the 
responsibilities of an observer on board fishing vessels, pursuant to 
standards established by NMFS. Such standards are available from NMFS/
NEFOP website specified in paragraph (h)(1) of this section and shall be 
provided to each approved observer service provider;
    (iii) Have successfully completed all NMFS-required training and 
briefings for observers before deployment, pursuant to paragraph (i)(2) 
of this section; and
    (iv) Hold a current Red Cross (or equivalence) CPR/first aid 
certification.
    (v) Observers must accurately record their sampling data, write 
complete reports, and report accurately any observations relevant to 
conservation of marine resources or their environment.
    (4) Probation and decertification. NMFS has the authority to review 
observer certifications and issue observer certification probation and/
or decertification as described in NMFS policy found on the NMFS/NEFOP 
website specified in paragraph (h)(1) of this section.
    (5) Issuance of decertification. Upon determination that 
decertification is warranted under paragraph (i)(3) of this section, 
NMFS shall issue a written decision to decertify the observer to the 
observer and approved observer service providers via certified mail at 
the observer's most current address provided to NMFS. The decision shall 
identify whether a certification is revoked and shall identify the 
specific reasons for the action taken. Decertification is effective 
immediately as of the date of issuance, unless the decertification 
official notes a compelling reason for maintaining certification for a 
specified period and under specified conditions. Decertification is the 
final decision of NMFS and the Department of Commerce and may not be 
appealed.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
648.11, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 648.12  Experimental fishing.

    The Regional Administrator may exempt any person or vessel from the 
requirements of subparts A (General provisions), B (Atlantic mackerel, 
squid, and butterfish), D (Atlantic sea scallop), E (Atlantic surf clam 
and ocean quahog), F (NE multispecies and monkfish), G (summer 
flounder), H (scup), I (black sea bass), J (Atlantic bluefish), K 
(Atlantic herring), L (spiny dogfish), M (Atlantic deep-sea red crab), N 
(tilefish), and O (skates) of this part for the conduct of experimental 
fishing beneficial to the management of the resources or fishery managed 
under that subpart. The Regional Administrator shall consult with the 
Executive Director of the MAFMC regarding such exemptions for the 
Atlantic mackerel, squid, butterfish, summer flounder, scup, black sea 
bass, spiny dogfish, bluefish, and tilefish fisheries.
    (a) The Regional Administrator may not grant such an exemption 
unless he/she determines that the purpose, design, and administration of 
the exemption is consistent with the management objectives of the 
respective FMP, the provisions of the Magnuson-Stevens Act, and other 
applicable law, and that granting the exemption will not:
    (1) Have a detrimental effect on the respective resources and 
fishery;
    (2) Cause any quota to be exceeded; or
    (3) Create significant enforcement problems.
    (b) Each vessel participating in any exempted experimental fishing 
activity

[[Page 444]]

is subject to all provisions of the respective FMP, except those 
necessarily relating to the purpose and nature of the exemption. The 
exemption will be specified in a letter issued by the Regional 
Administrator to each vessel participating in the exempted activity. 
This letter must be carried on board the vessel seeking the benefit of 
such exemption.
    (c) Experimental fishing for surf clams or ocean quahogs will not 
require an allocation permit.

[61 FR 58466, Nov. 15, 1996, as amended at 62 FR 37156, July 11, 1997; 
65 FR 45852, July 26, 2000; 65 FR 77466, Dec. 11, 2000; 66 FR 49144, 
Sept. 26, 2001; 68 FR 49700, Aug. 19, 2003]



Sec. 648.13  Transfers at sea.

    (a) Only vessels issued a Loligo and butterfish moratorium or Illex 
moratorium permit under Sec. 648.4(a)(5) and vessels issued a mackerel 
or squid/butterfish incidental catch permit and authorized in writing by 
the Regional Administrator to do so, may transfer or attempt to transfer 
Loligo, Illex, or butterfish from one vessel to another vessel.
    (b)(1) Except as provided in paragraph (b)(2) of this section, 
vessels issued a multispecies permit under Sec. 648.4(a)(1) or a 
scallop permit under Sec. 648.4(a)(2) are prohibited from transferring 
or attempting to transfer any fish from one vessel to another vessel, 
except that vessels issued a Federal multispecies permit under Sec. 
648.4(a)(1) and specifically authorized in writing by the Regional 
Administrator to do so, may transfer species other than regulated 
species from one vessel to another vessel.
    (2) Vessels issued a Federal multispecies permit under Sec. 
648.4(a)(1) may transfer from one vessel to another, for use as bait, up 
to 500 lb (226.8 kg) of silver hake and unlimited amounts of red hake, 
per trip, provided:
    (i) The transferring vessel possesses a Federal multispecies permit 
as specified under Sec. 648.4(a)(1);
    (ii) The transferring vessel has a letter of authorization issued by 
the Regional Administrator on board; and
    (iii) The receiving vessel possesses a written receipt for any 
small-mesh multispecies purchased at sea.
    (c) All persons are prohibited from transferring or attempting to 
transfer NE multispecies or scallops from one vessel to another vessel, 
except in accordance with paragraph (b) of this section.
    (d) All persons are prohibited from transferring or attempting to 
transfer at sea summer flounder from one vessel to another vessel, 
except for vessels that have not been issued a Federal permit and fish 
exclusively in state waters.
    (e) Vessels issued a letter of authorization from the Regional 
Administrator to transfer small-mesh multispecies at sea for use as bait 
will automatically have 500 lb (226.8 kg) deducted from the vessel's 
combined silver hake and offshore hake possession limit, as specified 
under Sec. 648.86(c), for every trip during the participation period 
specified on the letter of authorization, regardless of whether a 
transfer of small-mesh multispecies at sea occurred or whether the 
actual amount that was transferred was less than 500 lb (226.8 kg). This 
deduction shall be noted on the transferring vessel's letter of 
authorization from the Regional Administrator.
    (f) Atlantic herring. With the exception of transfers made to an at-
sea processing vessel issued the required permit under Sec. 
648.6(a)(2)(ii), any person or vessel, including any vessel issued an 
Atlantic herring permit, is prohibited from transferring, receiving, or 
attempting to transfer or receive any Atlantic herring taken from the 
EEZ, except as authorized in this paragraph (f), and in compliance with 
reporting requirements at Sec. 648.7 (b)(2)(i)(D).
    (1) Personal use as bait. (i) The operator of a vessel that is not 
issued an Atlantic herring permit may purchase and/or receive Atlantic 
herring at sea for personal use as bait, provided the vessel receiving 
the transfer does not have purse seine, midwater trawl, pelagic gillnet, 
sink gillnet, or bottom trawl gear on board;
    (ii) A vessel issued an Atlantic herring permit may transfer herring 
at sea to another vessel for personal use as bait:
    (A) Provided the transferring vessel is issued a letter of 
authorization to

[[Page 445]]

transfer fish. The operator of the transferring vessel must show the 
letter of authorization to a representative of the vessel receiving fish 
or any authorized officer upon request; and
    (B) Provided that the transfer of herring at sea to another vessel 
for personal use as bait does not exceed the possession limit specified 
for the transferring vessel in Sec. 648.204, except that no more than 
2,000 lb (907.2 kg) of herring may be caught or transferred per trip or 
per calendar day if the vessel is in, or the fish were harvested from, a 
management area closed to fishing as specified in Sec. 648.201.
    (2) Atlantic herring carrier vessels. (i) A vessel issued an 
Atlantic herring permit may operate as a herring carrier vessel and 
receive herring provided it is issued a carrier vessel letter of 
authorization and complies with the terms of that authorization, as 
specified in Sec. 648.4(a)(10)(ii).
    (ii) A vessel issued an Atlantic herring permit may transfer herring 
at sea to an Atlantic herring carrier up to the applicable possession 
limits specified in Sec. 648.204, provided it is issued a letter of 
authorization for the transfer of herring and that no more than 2,000 lb 
(907.2 kg) of herring may be caught or transferred at sea per trip or 
per calendar day if the vessel is in, or the fish were harvested from, 
an area closed to directed fishing as specified in Sec. 648.201.
    (3) If a herring management area has been closed to fishing as 
specified in Sec. 648.201, a vessel may not transfer Atlantic herring 
harvested from or in the area to an IWP or Joint Venture vessel.
    (4) If the amount of herring transshipped to a Canadian 
transshipment vessel would cause the amount of the border transfer 
specified pursuant to Sec. 648.200 to be exceeded, a vessel may not 
transfer Atlantic herring to a Canadian transshipment vessel permitted 
in accordance with Public Law 104-297.
    (5) Transfer to at-sea processors. A vessel issued an Atlantic 
herring permit may transfer herring to a vessel issued an at-sea 
processing permit specified in Sec. 648.6(a)(2)(ii), up to the 
applicable possession limit specified in Sec. 648.204, except that no 
more than 2,000 lb (907.2 kg) of herring may be caught or transferred at 
sea per trip or per calendar day if the vessel is in, or the fish were 
harvested from, a management area closed to directed fishing as 
specified in Sec. 648.201.
    (6) Transfers between herring vessels. A vessel issued a valid 
Atlantic herring permit may transfer and receive herring at sea, 
provided such vessel has been issued a letter of authorization from the 
Regional Administrator to transfer or receive herring at sea. Such 
vessel may not transfer, receive, or possess at sea, or land per trip 
herring in excess of the applicable possession limits specified in Sec. 
648.204, except that no more than 2,000 lb (907.2 kg) of herring may be 
caught, transferred, received, or possessed at sea, or landed per trip 
or per calendar day if the vessel is in, or the fish were harvested 
from, a management area closed to directed fishing as specified in Sec. 
648.201.
    (g) All persons are prohibited from transferring at sea, either 
directly or indirectly, or attempting to transfer at sea to any vessel, 
any red crab or red crab parts, taken in or from the EEZ portion of the 
Red Crab Management Unit.
    (h) Skates. (1) Except as provided in paragraph (h)(2) of this 
section, all persons or vessels issued a Federal skate permit are 
prohibited from transferring, or attempting to transfer, at sea any 
skates to any vessel, and all persons or vessels are prohibited from 
transferring, or attempting to transfer, at sea to any vessel any skates 
while in the EEZ, or skates taken in or from the EEZ portion of the 
Skate Management Unit.
    (2) Vessels and vessel owners or operators issued Federal skate 
permits under Sec. 648.4(a)(14) may transfer at sea skates taken in or 
from the EEZ portion of the Skate Management Unit provided:
    (i) The transferring vessel possesses on board a letter of 
authorization issued by the Regional Administrator as specified under 
Sec. 648.322(b);
    (ii) The vessel and vessel owner or operator comply with the 
requirements specified at Sec. 648.322(b);
    (iii) The transferring vessel maintains a record of the quantity of 
skates transferred according to the requirements at Sec. 648.7; and
    (iv) The transferring vessel provides the receiving vessel 
documentation

[[Page 446]]

showing the date and the amount of skates transferred, whether or not a 
monetary exchange is involved in the transfer, and the transferring 
vessel maintains onboard, for a minimum of 1 year from the date of the 
transfer, a copy of said documentation.
    (i) Scup. (1) Except as provided in paragraph (i)(2) of this 
section, all persons or vessels issued a Federal scup permit are 
prohibited from transferring, or attempting to transfer, at sea any scup 
to any vessel, and all persons or vessels are prohibited from 
transferring, or attempting to transfer, at sea to any vessel any scup 
while in the EEZ, or any scup taken in or from the EEZ portion of the 
Scup Management Unit.
    (2) The owner or operator of a vessel issued a Federal scup permit 
under Sec. 648.4(a)(6)(i)(A) may transfer at sea scup taken in or from 
the EEZ portion of the Scup Management Unit, provided:
    (i) The transfer occurs between two vessels with Federal scup 
permits;
    (ii) The transfer occurs seaward of a boundary line that begins at 
40[deg]50[min] N. lat., 70[deg]00[min] W. long., and runs south to 
connect points at 40[deg]15[min] N. lat., 73[deg]30[min] W. long.; 
37[deg]50[min] N. lat., 75[deg]00[min] W. long.; and 35[deg]30[min] N. 
lat., 75[deg]00[min] W. long.;
    (iii) The donating and receiving vessels possess gear that meets the 
requirements at Sec. 648.123(a)(2), (3), and (4) for commercial scup 
fishing gear;
    (iv) The transfer occurs in the Winter I or Winter II periods of the 
scup fishing year;
    (v) There is only one transfer per fishing trip for the donor 
vessel;
    (vi) The donor vessel removes only enough scup from the net to 
attain the scup possession limit;
    (vii) After removal of scup from the net by the donor vessel, the 
entire codend, with all its contents, is transferred to the receiving 
vessel;
    (viii) Only scup in an amount not to exceed the possession limit are 
retained by the receiving vessel;
    (ix) While fishing for scup, all other nets are stored in accordance 
with Sec. 648.23(b)(1); and
    (x) The donating and receiving vessels report the transfer amount on 
the vessel trip report for each vessel.

[61 FR 34968, July 3, 1996, as amended at 62 FR 28642, May 27, 1997; 62 
FR 63875, Dec. 3, 1997; 65 FR 16774, Mar. 29, 2000; 65 FR 77466, Dec. 
11, 2000; 67 FR 63232, Oct. 10, 2002; 68 FR 22336, Apr. 28, 2003; 68 FR 
49700, Aug. 19, 2003; 69 FR 16178, Mar. 29, 2004; 72 FR 11274, Mar. 12, 
2007; 74 FR 20535, May 4, 2009]



Sec. 648.14  Prohibitions.

    (a) General prohibitions. It is unlawful for any person to do any of 
the following:
    (1) Violate any provision of this part, the Magnuson-Stevens Act, or 
any regulation, notice, or permit issued under the Magnuson-Stevens Act, 
or any other statute administered by NOAA.
    (2) Assist, aid, or abet in the commission of any act prohibited by 
the Magnuson-Stevens Act; or any regulation, notice, or permit issued 
under the Magnuson-Stevens Act; or any other statute administered by 
NOAA.
    (3) Fail to report to the Regional Administrator within 15 days any 
change in the information contained in any permit or permit application.
    (4) Falsify or fail to affix and maintain vessel markings as 
required by Sec. 648.8.
    (5) Make any false statement or provide any false information on, or 
in connection with, an application, declaration, record or report under 
this part.
    (6) Fail to comply in an accurate and timely fashion with the log 
report, reporting, record retention, inspection, or other requirements 
of Sec. 648.7, or submit or maintain false information in records and 
reports required to be kept or filed under Sec. 648.7.
    (7) Possess, import, export, transfer, land, or have custody or 
control of any species of fish regulated pursuant to this part that do 
not meet the minimum size provisions in this part, unless such species 
were harvested exclusively within state waters by a vessel not issued a 
permit under this part or whose permit has been surrendered in 
accordance with applicable regulations.
    (8) Fail to comply with any sea turtle conservation measure 
specified in 50 CFR parts 222 and 223, including any

[[Page 447]]

sea turtle conservation measure implemented by notification in the 
Federal Register.
    (9) Violate any provision of an in-season action to adjust trip 
limits, gear usage, season, area access and/or closure, or any other 
measure authorized by this part.
    (10) Food safety program. (i) Purchase, receive for a commercial 
purpose other than transport to a testing facility, or process; or 
attempt to purchase, receive for commercial purpose other than transport 
to a testing facility; or process, outside Maine, ocean quahogs 
harvested in or from the EEZ within the Maine mahogany quahog zone, 
except at a facility participating in an overall food safety program, 
operated by the official state agency having jurisdiction, that utilizes 
food safety-based procedures including sampling and analyzing for PSP 
toxin consistent with procedures used by the State of Maine for such 
purpose.
    (ii) Land ocean quahogs outside Maine that are harvested in or from 
the EEZ within the Maine mahogany quahog zone, except at a facility 
participating in an overall food safety program, operated by the 
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin 
consistent with procedures used by the State of Maine for such purpose.
    (iii) Fish for, harvest, catch, possess; or attempt to fish for, 
harvest, catch, or possess any bivalve shellfish, including Atlantic 
surfclams, ocean quahogs, and mussels with the exception of sea scallops 
harvested only for adductor muscles and shucked at sea, or a vessel 
issued and possessing on board a LOA from the Regional Administrator 
authorizing the collection of shellfish for biological sampling and 
operating under the terms and conditions of said LOA, in the area of the 
EEZ bound by the following coordinates in the order stated:
    (A) 43[deg] 00[min] N. lat., 71[deg] 00[min] W. long.;
    (B) 43[deg] 00[min] N. lat., 69[deg] 00[min] W. long.;
    (C) 41[deg] 39[min] N. lat., 69[deg] 00[min] W. long;
    (D) 41[deg] 39[min] N. lat., 71[deg] 00[min] W. long., and then 
ending at the first point.
    (iv) Fish for, harvest, catch, or possess; or attempt to fish for, 
harvest, catch, or possess; any scallops except for scallops harvested 
only for adductor muscles and shucked at sea, or a vessel issued and 
possessing on board a Letter of Authorization (LOA) from the Regional 
Administrator authorizing collection of shellfish for biological 
sampling and operating under the terms and conditions of said LOA, in 
the area of the EEZ bound by the following coordinates in the order 
stated:
    (A) 41[deg] 39[min] N. lat., 71[deg] 00[min] W. long.;
    (B) 41[deg] 39[min] N. lat., 69[deg] 00[min] W. long.;
    (C) 40[deg] 00[min] N. lat., 69[deg] 00[min] W. long.;
    (D) 40[deg] 00[min] N. lat., 71[deg] 00[min] W. long., and then 
ending at the first point.
    (b) Vessel and operator permits. It is unlawful for any person to do 
any of the following:
    (1) Fish for, take, catch, harvest or land any species of fish 
regulated by this part in or from the EEZ, unless the vessel has a valid 
and appropriate permit issued under this part and the permit is on board 
the vessel and has not been surrendered, revoked, or suspended.
    (2) Alter, erase, or mutilate any permit issued under this part or 
any document submitted in support of an application for any such permit.
    (3) Operate or act as operator of a vessel that fishes for or 
possesses any species of fish regulated by this part, or that is issued 
a vessel permit pursuant to this part, without having been issued and 
possessing a valid operator's permit.
    (4) Fish for, possess, or land species regulated under this part 
with or from a vessel that is issued a limited access or moratorium 
permit under Sec. 648.4(a) and that has had the horsepower, length, 
GRT, or NT of such vessel or its replacement upgraded or increased in 
excess of the limitations specified in Sec. 648.4(a)(1)(i)(E) and (F).
    (5) Fish for, take, catch, harvest or land any species of fish 
regulated by this part for which the vessel is eligible to possess under 
a limited access or moratorium permit prior to the time the vessel has 
been reissued the applicable limited access or moratorium permit by 
NMFS.
    (6) Attempt to replace a limited access or moratorium fishing 
vessel, as specified at Sec. 648.4(a)(1)(i)(E), more than once during a 
permit year, unless the

[[Page 448]]

vessel has been rendered permanently inoperable.
    (7) Purchase, possess, or receive from a vessel for a commercial 
purpose, other than solely for transport on land, any species of fish 
for which a vessel permit is required under this part, unless the vessel 
possesses a valid vessel permit issued under this part.
    (8) Transfer, remove, or offload, for a commercial purpose; or 
attempt to transfer, remove, land, or offload, for a commercial purpose; 
at sea, any species regulated under this part, unless the transferring 
vessel has been issued and carries on board a valid LOA from the 
Regional Administrator, or is otherwise exempted, and the receiving 
vessel has been issued and has on board a valid Federal permit for the 
species that is being transferred.
    (9) Fish for, possess, or retain fish, during a fishing trip, aboard 
a Federally permitted vessel that, in the absence of an emergency, has 
not been operating under its own power for the entire trip.
    (c) Dealer permits. It is unlawful for any person to do any of the 
following:
    (1) Purchase, possess or receive for a commercial purpose; or 
attempt to purchase, possess or receive for a commercial purpose; other 
than solely for transport on land, any species regulated under this part 
unless in possession of a valid dealer permit issued under this part, 
except that this prohibition does not apply to species that are 
purchased or received from a vessel not issued a permit under this part 
that fished exclusively in state waters, or pursuant to the Sec. 648.17 
NAFO Regulatory Area exemptions.
    (2) Sell, barter, trade, or transfer; or attempt to sell, barter, 
trade, or transfer; other than solely for transport on land, any 
Atlantic herring, multispecies, or monkfish from a vessel that fished 
for such species in the EEZ, unless the dealer or transferee has a valid 
dealer permit issued under Sec. 648.6. A person who purchases and/or 
receives Atlantic herring at sea for his own personal use as bait, and 
does not have purse seine, mid-water trawl, pelagic gillnet, sink 
gillnet, or bottom trawl gear on board, is exempt from the requirement 
to possess an Atlantic herring dealer permit.
    (d) VMS. It is unlawful for any person to do any of the following:
    (1) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, VMS 
unit, or VMS signal required to be installed on or transmitted by vessel 
owners or operators required to use a VMS by this part.
    (2) Fail to submit the appropriate VMS activity code for the 
intended activity at the appropriate time, in accordance with Sec. 
648.10.
    (e) Observer program. It is unlawful for any person to do any of the 
following:
    (1) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion any 
NMFS-approved observer or sea sampler conducting his or her duties; or 
any authorized officer conducting any search, inspection, investigation, 
or seizure in connection with enforcement of this part; or any official 
designee of the Regional Administrator conducting his or her duties, 
including those duties authorized in Sec. 648.7(g).
    (2) Refuse to carry onboard a vessel an observer or sea sampler if 
requested to do so by the Regional Administrator or the Regional 
Administrator's designee.
    (3) Fail to provide information, notification, accommodations, 
access, or reasonable assistance to either a NMFS-approved observer or 
sea sampler conducting his or her duties aboard a vessel as specified in 
Sec. 648.11.
    (4) Submit false or inaccurate data, statements, or reports.
    (f) Research and experimental fishing. It is unlawful for any person 
to violate any terms of a letter authorizing experimental fishing 
pursuant to Sec. 648.12 or fail to keep such letter on board the vessel 
during the period of the experiment.
    (g) Squid, mackerel, and butterfish--(1) All persons. Unless 
participating in a research activity as described in Sec. 648.21(g), it 
is unlawful for any person to do any of the following:
    (i) Possession and landing. Take, retain, possess, or land more 
mackerel, squid or butterfish than specified

[[Page 449]]

under, or after the effective date of, a notification issued under Sec. 
648.22.
    (ii) Transfer and purchase. (A) Purchase or otherwise receive for a 
commercial purpose; other than solely for transport on land; mackerel, 
squid, or butterfish caught by a vessel that has not been issued a 
Federal mackerel, squid, and butterfish vessel permit, unless the vessel 
fishes exclusively in state waters.
    (B) Transfer Loligo, Illex, or butterfish within the EEZ, unless the 
vessels participating in the transfer have been issued a valid Loligo 
and butterfish or Illex moratorium permit and are transferring species 
for which the vessels are permitted, or have a valid squid/butterfish 
incidental catch permit and the appropriate LOA from the Regional 
Administrator.
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec. 648.21(g), it is unlawful for 
any person owning or operating a vessel issued a valid mackerel, squid, 
and butterfish fishery permit, or issued an operator's permit, to do any 
of the following:
    (i) General requirement. Fail to comply with any measures 
implemented pursuant to Sec. 648.21.
    (ii) Possession and landing. (A) Possess more than the incidental 
catch allowance of Loligo or butterfish, unless issued a Loligo squid 
and butterfish fishery moratorium permit.
    (B) Possess more than the incidental catch allowance of Illex squid, 
unless issued an Illex squid moratorium permit.
    (C) Take, retain, possess, or land mackerel, squid or butterfish in 
excess of a possession allowance specified in Sec. 648.22.
    (D) Possess 5,000 lb (2.27 mt) or more of butterfish, unless the 
vessel meets the minimum mesh size requirement specified in Sec. 
648.23(a)(2).
    (E) Take, retain, possess, or land mackerel, squid, or butterfish 
after a total closure specified under Sec. 648.22.
    (iii) Gear and vessel requirements. (A) Fish with or possess nets or 
netting that do not meet the gear requirements for Atlantic mackerel, 
Loligo, Illex, or butterfish specified in Sec. 648.23(a); or that are 
modified, obstructed, or constricted, if subject to the minimum mesh 
requirements, unless the nets or netting are stowed in accordance with 
Sec. 648.23(b) or the vessel is fishing under an exemption specified in 
Sec. 648.23(a)(3)(ii).
    (B) Fish for, retain, or possess Atlantic mackerel in or from the 
EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall 
and 750 GRT, or a shaft horsepower (shp) of 3,000 shp, except for the 
retention and possession of Atlantic mackerel for processing by a vessel 
holding a valid at-sea processor permit pursuant to Sec. 648.6(a)(2). 
It shall be presumed that the Atlantic mackerel on board were harvested 
in or from the EEZ, unless the preponderance of reliable evidence 
available indicates otherwise.
    (C) Enter or fish in the mackerel, squid, and butterfish bottom 
trawling restricted areas, as described in Sec. 648.23(a)(4).
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec. 648.21(g), it is unlawful for the owner 
and operator of a party or charter boat issued a mackerel, squid, and 
butterfish fishery permit (including a moratorium permit), when the boat 
is carrying passengers for hire, to do any of the following:
    (i) Violate any recreational fishing measures established pursuant 
to Sec. 648.21(d).
    (ii) Sell or transfer mackerel, squid, or butterfish to another 
person for a commercial purpose.
    (iii) Carry passengers for hire while fishing commercially under a 
mackerel, squid, and butterfish fishery permit.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All mackerel and butterfish possessed on board a 
party or charter boat issued a mackerel, squid, and butterfish fishery 
permit are deemed to have been harvested from the EEZ.
    (h) Atlantic salmon. Unless participating in a research activity as 
described in Sec. 648.21(g), it is unlawful for any person to do any of 
the following:
    (1) Possession and landing. (i) Use any vessel of the United States 
for taking, catching, harvesting, fishing for, or landing any Atlantic 
salmon taken from or in the EEZ. It shall be presumed that the Atlantic 
salmon on

[[Page 450]]

board were harvested in or from the EEZ, unless the preponderance of 
reliable evidence available indicates otherwise.
    (ii) Transfer, directly or indirectly; or attempt to transfer, 
directly or indirectly; to any vessel any Atlantic salmon taken in or 
from the EEZ.
    (2) [Reserved]
    (i) Atlantic sea scallops--(1) All persons. It is unlawful for any 
person to do any of the following:
    (i) Permit requirement. Fish for, possess, or land, scallops without 
the vessel having been issued and carrying onboard a valid scallop 
permit in accordance with Sec. 648.4(a)(2), unless the scallops were 
harvested by a vessel that has not been issued a Federal scallop permit 
and fishes for scallops exclusively in state waters.
    (ii) Gear and crew requirements. Have a shucking or sorting machine 
on board a vessel while in possession of more than 400 lb (181.4 kg) of 
shucked scallops, unless that vessel has not been issued a scallop 
permit and fishes exclusively in state waters.
    (iii) Possession and landing. (A) Fish for or land per trip, or 
possess at any time prior to a transfer to another person for a 
commercial purpose, other than solely for transport on land:
    (1) In excess of 40 lb (18.1 kg) of shucked scallops at any time, 5 
bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation Line, 
or 10 bu (3.52 hL) of in-shell scallops seaward of the VMS Demarcation 
Line, unless:
    (i) The scallops were harvested by a vessel that has not been issued 
a scallop permit and fishes for scallops exclusively in state waters.
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit and is properly 
declared into the scallop DAS or Area Access program.
    (iii) The scallops were harvested by a vessel that has been issued 
and carries on board an IFQ scallop permit and is properly declared into 
the IFQ scallop fishery.
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board an NGOM scallop permit, and is properly declared 
into the NGOM scallop management area, and the NGOM TAC specified in 
Sec. 648.62 has not been harvested.
    (v) The scallops were harvested by a vessel that has been issued and 
carries on board an Incidental scallop permit allowing up to 40 lb (18.1 
kg) of shucked or 5 bu (1.76 hL) of in-shell scallops; is carrying an 
at-sea observer; and is authorized by the Regional Administrator to 
have, and the vessel does not exceed, an increased possession limit to 
compensate for the cost of carrying the observer.
    (2) In excess of 200 lb (90.7 kg) of shucked scallops at any time, 
25 bu (8.8 hL) of in-shell scallops inside the VMS Demarcation Line, or 
50 bu (17.6 hL) of in-shell scallops seaward of the VMS Demarcation 
Line, unless:
    (i) The scallops were harvested by a vessel that has not been issued 
a scallop permit and fishes for scallops exclusively in state waters.
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit and is properly 
declared into the scallop DAS or Area Access program.
    (iii) The scallops were harvested by a vessel that has been issued 
and carries on board an IFQ scallop permit issued pursuant to Sec. 
648.4(a)(2)(ii)(A), is fishing outside of the NGOM scallop management 
area, and is properly declared into the general category scallop 
fishery.
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board a scallop permit and the vessel is fishing in 
accordance with the provisions of the state waters exemption program 
specified in Sec. 648.54.
    (v) The scallops were harvested by a vessel that has been issued and 
carries on board an NGOM scallop permit allowing up to 200 lb (90.7 kg) 
of shucked or 25 bu (8.8 hL) of in-shell scallops; is carrying an at-sea 
observer; and is authorized by the Regional Administrator to have, and 
the vessel does not exceed, an increased possession limit to compensate 
for the cost of carrying the observer.
    (3) In excess of 400 lb (181.4 kg) of shucked scallops at any time, 
50 bu (17.6 hL) of in-shell scallops shoreward of the VMS Demarcation 
Line, or 100 bu (35.2 hL) in-shell scallops seaward of the VMS 
Demarcation Line, unless:

[[Page 451]]

    (i) The scallops were harvested by a vessel that has not been issued 
a scallop permit and fishes for scallops exclusively in state waters.
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit issued pursuant to 
Sec. 648.4(a)(2)(i) and is properly declared into the scallop DAS or 
Area Access program.
    (iii) The scallops were harvested by a vessel that has been issued 
and carries on board a scallop permit and the vessel is fishing in 
accordance with the provisions of the state waters exemption program 
specified in Sec. 648.54.
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board an IFQ scallop permit, is carrying an at-sea 
observer, and is authorized by the Regional Administrator to have, and 
the vessel does not exceed, an increased possession limit to compensate 
for the cost of carrying the observer.
    (iv) Transfer and purchase. (A) Land, offload, remove, or otherwise 
transfer; or attempt to land, offload, remove or otherwise transfer; 
scallops from one vessel to another, unless that vessel has not been 
issued a scallop permit and fishes exclusively in state waters.
    (B) Sell, barter, or trade, or otherwise transfer scallops from a 
vessel; or attempt to sell, barter or trade, or otherwise transfer 
scallops from a vessel; for a commercial purpose, unless the vessel has 
been issued a valid scallop permit pursuant to Sec. 648.4(a)(2), or the 
scallops were harvested by a vessel that has not been issued a scallop 
permit and fishes for scallops exclusively in state waters.
    (C) Purchase, possess, or receive for commercial purposes; or 
attempt to purchase or receive for commercial purposes; scallops from a 
vessel other than one issued a valid limited access or general scallop 
permit, unless the scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (D) Sell or transfer to another person for a commercial purpose, 
other than solely for transport on land, any scallops harvested from the 
EEZ by a vessel issued a Federal scallop permit, unless the transferee 
has a valid scallop dealer permit.
    (v) Ownership cap. Have an ownership interest in more than 5 percent 
of the total number of vessels issued limited access scallop permits and 
confirmations of permit history, except as provided in Sec. 
648.4(a)(2)(i)(M).
    (vi) Closed area requirements. (A) Fish for scallops in, or possess 
or land scallops from, the areas specified in Sec. Sec. 648.58 and 
648.61.
    (B) Transit or be in the areas described in Sec. Sec. 648.58 or 
648.61 in possession of scallops, except when all fishing gear is 
unavailable for immediate use as defined in Sec. 648.23(b), or unless 
there is a compelling safety reason to be in such areas.
    (vii) Scallop sectors. Fail to comply with any of the requirements 
or restrictions for general category scallop sectors specified in Sec. 
648.63.
    (viii) Scallop research. Fail to comply with any of the provisions 
specified in Sec. 648.56.
    (ix) Observer program. (A) Refuse, or fail, to carry onboard an 
observer after being requested to by the Regional Administrator or the 
Regional Administrator's designee.
    (B) Fail to provide information, notification, accommodations, 
access, or reasonable assistance to a NMFS-approved observer conducting 
his or her duties aboard a vessel, as specified in Sec. 648.11.
    (C) Fail to comply with the notification, observer services 
procurement, and observer services payment requirements of the sea 
scallop observer program specified in Sec. 648.11(g).
    (x) Presumption. For purposes of this section, the following 
presumption applies: Scallops that are possessed or landed at or prior 
to the time when the scallops are received by a dealer, or scallops that 
are possessed by a dealer, are deemed to be harvested from the EEZ, 
unless the preponderance of evidence demonstrates that such scallops 
were harvested by a vessel without a scallop permit and fishing 
exclusively for scallops in state waters.
    (2) Limited access scallop vessel permit holders. It is unlawful for 
any person owning or operating a vessel issued a limited access scallop 
permit under Sec. 648.4(a)(2) to do any of the following:

[[Page 452]]

    (i) Minimum shell height. Land, or possess at or after landing, in-
shell scallops smaller than the minimum shell height specified in Sec. 
648.50(a).
    (ii) Vessel, gear, and crew restrictions. (A) Possess more than 40 
lb (18.1 kg) of shucked, or 5 bu (1.76 hL) of in-shell scallops, or 
participate in the scallop DAS or Area Access programs, while in the 
possession of trawl nets that have a maximum sweep exceeding 144 ft 
(43.9 m), as measured by the total length of the footrope that is 
directly attached to the webbing of the net, except as specified in 
Sec. 648.51(a)(1), unless the vessel is fishing under the Northeast 
multispecies or monkfish DAS program.
    (B) While under or subject to the DAS allocation program, in 
possession of more than 40 lb (18.1 kg) of shucked scallops or 5 bu 
(1.76 hL) of in-shell scallops, or fishing for scallops in the EEZ:
    (1) Fish with, or have available for immediate use, trawl nets of 
mesh smaller than the minimum size specified in Sec. 648.51(a)(2).
    (2) Fail to comply with any chafing gear or other gear obstruction 
restrictions specified in Sec. 648.51(a)(3).
    (3) Fail to comply with the dredge vessel gear restrictions 
specified in Sec. 648.51(b).
    (4) Fish under the small dredge program specified in Sec. 
648.51(e), with, or while in possession of, a dredge that exceeds 10.5 
ft (3.2 m) in overall width, as measured at the widest point in the bail 
of the dredge.
    (5) Fish under the small dredge program specified in Sec. 648.51(e) 
with more than five persons on board the vessel, including the operator, 
unless otherwise authorized by the Regional Administrator or unless 
participating in the Area Access Program pursuant to the requirements 
specified in Sec. 648.60.
    (6) Participate in the DAS allocation program with more persons on 
board the vessel than the number specified in Sec. 648.51(c), including 
the operator, when the vessel is not docked or moored in port, unless 
otherwise authorized by the Regional Administrator, or unless 
participating in the Area Access Program pursuant to the requirements 
specified in Sec. 648.60.
    (7) Have a shucking or sorting machine on board a vessel that shucks 
scallops at sea while fishing under the DAS allocation program, unless 
otherwise authorized by the Regional Administrator.
    (8) Fish with, possess on board, or land scallops while in 
possession of trawl nets, when fishing for scallops under the DAS 
allocation program, unless exempted as provided for in Sec. 648.51(f).
    (9) Fail to comply with the restriction on twine top described in 
Sec. 648.51(b)(4)(iv).
    (iii) Possession and landing. (A) Land scallops after using up the 
vessel's annual DAS allocation or land scallops on more than one trip 
per calendar day when not participating under the DAS allocation program 
pursuant to Sec. 648.10, unless exempted from DAS allocations as 
provided in the state waters exemption, specified in Sec. 648.54.
    (B) Fish for, possess, or land more than 50 bu (17.62 hL) of in-
shell scallops once inside the VMS Demarcation Line on or by a vessel 
that, at any time during the trip, fished in or transited any area south 
of 42[deg]20[min] N. lat; or fished in any Sea Scallop Area Access 
Program specified in Sec. 648.60, except as provided in the state 
waters exemption, as specified in Sec. 648.54.
    (C) Fish for or land per trip, or possess at any time, scallops in 
the NGOM scallop management area after notification in the Federal 
Register that the NGOM scallop management area TAC has been harvested, 
as specified in Sec. 648.62, unless the vessel possesses or lands 
scallops that were harvested south of 42[deg]20[min] N. lat. and the 
vessel only transits the NGOM scallop management area with the vessel's 
fishing gear properly stowed and unavailable for immediate use in 
accordance with Sec. 648.23.
    (iv) DAS. (A) Fish for, possess, or land scallops after using up the 
vessel's annual DAS allocation and Access Area trip allocations, or when 
not properly declared into the DAS or an Area Access program pursuant to 
Sec. 648.10, unless the vessel has been issued an LAGC scallop permit 
pursuant to Sec. 648.4(a)(2)(ii) and has properly declared into a 
general category scallop

[[Page 453]]

fishery, unless exempted from DAS allocations as provided in state 
waters exemption, specified in Sec. 648.54.
    (B) Combine, transfer, or consolidate DAS allocations, except as 
allowed for one-for-one Access Area trip exchanges as specified in Sec. 
648.60(a)(3)(ii).
    (C) Fail to comply with any requirement for declaring in or out of 
the DAS allocation program or other notification requirements specified 
in Sec. 648.10.
    (v) VMS requirements. (A) Fail to have an approved, operational, and 
functioning VMS unit that meets the specifications of Sec. 648.9 on 
board the vessel at all times, unless the vessel is not subject to the 
VMS requirements specified in Sec. 648.10.
    (B) If the vessel is not subject to VMS requirements specified in 
Sec. 648.10(b), fail to comply with the requirements of the call-in 
system specified in Sec. 648.10(c).
    (vi) Scallop access area program. (A) Fail to comply with any of the 
provisions and specifications of Sec. 648.60.
    (B) Declare, initiate a trip into, or fish in the areas specified in 
Sec. 648.59(b) through (d) after the effective date of the notice in 
the Federal Register stating that the yellowtail flounder TAC has been 
harvested as specified in Sec. 648.85(c).
    (C) Possess or retain yellowtail flounder in or from the areas 
specified in Sec. 648.59(b) through (d) after the effective date of the 
notice in the Federal Register stating that the yellowtail flounder TAC 
has been harvested as specified in Sec. 648.85(c).
    (D) Possess more than 50 bu (17.6 hL) of in-shell scallops outside 
the boundaries of a Sea Scallop Access Area by a vessel that is declared 
into the Area Access Program as specified in Sec. 648.60.
    (E) Fish for, possess, or land scallops in or from any Sea Scallop 
Access Area without an observer on board, unless the vessel owner, 
operator, or manager has received a waiver to carry an observer for the 
specified trip and area fished.
    (vii) State waters exemption program. Fail to comply with any 
requirement for participating in the State Waters Exemption Program 
specified in Sec. 648.54.
    (3) LAGC scallop vessels. It is unlawful for any person owning or 
operating a vessel issued an LAGC scallop permit to do any of the 
following:
    (i) Permit requirements. (A) Fail to comply with the LAGC scallop 
permit restrictions as specified in Sec. 648.4(a)(2)(ii)(G) through 
(O).
    (B) Fish for, possess, or land scallops on a vessel that is declared 
out of scallop fishing unless the vessel has been issued an Incidental 
scallop permit.
    (ii) Gear requirements. (A) Possess or use trawl gear that does not 
comply with any of the provisions or specifications in Sec. 648.51(a), 
unless the vessel is fishing under the Northeast multispecies or 
monkfish DAS program.
    (B) Possess or use dredge gear that does not comply with any of the 
provisions or specifications in Sec. 648.51(b).
    (iii) Possession and landing. (A) Land scallops more than once per 
calendar day.
    (B) Possess in-shell scallops while in possession of the maximum 
allowed amount of shucked scallops specified for each LAGC scallop 
permit category in Sec. 648.52.
    (C) Declare into, or leave port for, the NGOM scallop management 
area after the effective date of a notification published in the Federal 
Register stating that the general category scallop TAC has been 
harvested as specified in Sec. 648.52 or Sec. 648.62.
    (D) Fish for, possess, or land scallops in or from the NGOM scallop 
management area after the effective date of a notification published in 
the Federal Register that the NGOM scallop management area TAC has been 
harvested, as specified in Sec. 648.62, unless the vessel possesses or 
lands scallops that were harvested south of 42[deg]20[min] N. lat., the 
vessel is transiting the NGOM scallop management area, and the vessel's 
fishing gear is properly stowed and unavailable for immediate use in 
accordance with Sec. 648.23.
    (E) Fish for, land, or possess more than 40 lb (18.1 kg) of shucked, 
or 5 bu (1.76 hL) of in-shell scallops at any time after 10 days from 
being notified that his or her appeal for an LAGC scallop permit has 
been denied and that the denial is the final decision of the Department 
of Commerce, unless the vessel holds a valid Incidental scallop permit.

[[Page 454]]

    (iv) VMS requirements. (A) Fail to comply with any of the VMS 
requirements specified in Sec. Sec. 648.10, 648.60, or 648.62.
    (B) Fail to comply with any requirement for declaring in or out of 
the general category scallop fishery or other notification requirements 
specified in Sec. 648.10(b).
    (v) Scallop access area program. (A) Fail to comply with any of the 
requirements specified in Sec. 648.60.
    (B) Declare into or leave port for an area specified in Sec. 
648.59(b) through (d) after the effective date of a notification 
published in the Federal Register stating that the general category 
scallop TAC has been harvested or that the number of General Category 
trips have been taken, as specified in Sec. 648.60.
    (C) Declare into, or leave port for, an area specified in Sec. 
648.59(b) through (d) after the effective date of a notification 
published in the Federal Register stating that the yellowtail flounder 
TAC has been harvested as specified in Sec. 648.85(c).
    (D) Fish for, possess, or land scallops in or from any Sea Scallop 
Access Area without an observer on board, unless the vessel owner, 
operator, or manager has received a waiver to carry an observer for the 
specified trip and area fished.
    (vi) Sectors. Fail to comply with any of the requirements and 
restrictions for General Category sectors and harvesting cooperatives 
specified in Sec. 648.63.
    (4) IFQ scallop permit. It is unlawful for any person owning or 
operating a vessel issued an IFQ scallop permit to do any of the 
following:
    (i) Possession and landing. (A) Fish for or land per trip, or 
possess at any time, in excess of 400 lb (181.4 kg) of shucked, or 50 bu 
(17.6 hL) of in-shell scallops shoreward of the VMS Demarcation Line, 
unless the vessel is participating in the Area Access Program specified 
in Sec. 648.60; is carrying an observer as specified in Sec. 648.11; 
and, an increase in the possession limit is authorized by the Regional 
Administrator and not exceeded by the vessel, as specified in Sec. 
648.60(d)(2).
    (B) Fish for or land per trip, or possess at any time, in excess of 
200 lb (90.7 kg) of shucked or 25 bu (8.8 hL) of in-shell scallops in 
the NGOM scallop management area, unless the vessel is seaward of the 
VMS Demarcation Line and in possession of no more than 50 bu (17.6 hL) 
in-shell scallops, or when the vessel is not declared into the NGOM 
scallop management area and is transiting the NGOM scallop management 
area with gear properly stowed and unavailable for immediate use in 
accordance with Sec. 648.23.
    (C) Possess more than 100 bu (35.2 hL) of in-shell scallops seaward 
of the VMS Demarcation Line and not participating in the Access Area 
Program, or possess or land per trip more than 50 bu (17.6 hL) of in-
shell scallops shoreward of the VMS Demarcation Line, unless exempted 
from DAS allocations as provided in Sec. 648.54.
    (D) Possess more than 50 bu (17.6 hL) of in-shell scallops, as 
specified in Sec. 648.52(d), outside the boundaries of a Sea Scallop 
Access Area by a vessel that is declared into the Area Access Program as 
specified in Sec. 648.60.
    (E) Fish for, possess, or land scallops after the effective date of 
a notification in the Federal Register that the quarterly TAC specified 
in Sec. 648.53(a)(8) has been harvested.
    (F) Fish for, possess, or land scallops in excess of a vessel's IFQ.
    (G) Fish for, possess, or land more than 40 lb (18.1 kg) of shucked 
scallops, or 5 bu (1.76 hL) of in-shell scallops shoreward of the VMS 
Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops seaward of the 
VMS Demarcation Line, when the vessel is not declared into the IFQ 
scallop fishery, unless the vessel is fishing in compliance with all of 
the requirements of the state waters exemption program, specified at 
Sec. 648.54.
    (H) Land scallops more than once per calendar day.
    (ii) Owner and allocation cap. (A) Have an ownership interest in 
vessels that collectively are allocated more than 5 percent of the total 
IFQ scallop TAC as specified at Sec. 648.53(a)(5)(ii) and (iii).
    (B) Have an IFQ allocation on an IFQ scallop vessel of more than 2 
percent of the total IFQ scallop TAC as specified in Sec. 648.53(a)(5).
    (iii) IFQ Transfer Program. (A) Apply for an IFQ transfer that will 
result in the transferee having an aggregate

[[Page 455]]

ownership interest in more than 5 percent of the total IFQ scallop TAC.
    (B) Apply for an IFQ transfer that will result in the receiving 
vessel having an IFQ allocation in excess of 2 percent of the total IFQ 
scallop TAC.
    (C) Fish for, possess, or land transferred IFQ prior to approval of 
the transfer by the Regional Administrator as specified in Sec. 
648.53(h)(5).
    (D) Request to transfer IFQ that has already been temporarily 
transferred from an IFQ scallop vessel in the same fishing year.
    (E) Transfer scallop IFQ to a vessel after the transferring vessel 
has landed scallops in the same fishing year.
    (F) Transfer a portion of a vessel's scallop IFQ.
    (G) Transfer scallop IFQ to, or receive scallop IFQ from, a vessel 
that has not been issued a valid IFQ scallop permit.
    (iv) Cost Recovery Program. Fail to comply with any of the cost 
recovery requirements specified under Sec. 648.53(g)(4).
    (5) NGOM scallop permit. It is unlawful for any person owning or 
operating a vessel issued an NGOM scallop permit to do any of the 
following:
    (i) Declare into or leave port for a scallop trip, or fish for or 
possess scallops outside of the NGOM Scallop Management Area as defined 
in Sec. 648.62.
    (ii) Fish for or land per trip, or possess at any time, in excess of 
200 lb (90.7 kg) of shucked or 25 bu (8.81 hL) of in-shell scallops in 
or from the NGOM scallop management area, or seaward of the VMS 
Demarcation Line more than 50 bu (17.6 hL) of in-shell scallops.
    (iii) Fish for, possess, or land scallops after the effective date 
of notification in the Federal Register that the NGOM scallop management 
area TAC has been harvested.
    (6) Incidental scallop permit. It is unlawful for any person owning 
or operating a vessel issued an Incidental scallop permit to fish for, 
possess, or retain, more than 40 lb (18.1 kg) of shucked scallops, or 5 
bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation Line, 
or 10 bu (3.52 hL) of in-shell scallops while seaward of the VMS 
Demarcation Line.
    (j) Atlantic surfclam and ocean quahog. It is unlawful for any 
person to do any of the following:
    (1) Possession and landing. (i) Fish for surfclams or ocean quahogs 
in any area closed to surfclam or ocean quahog fishing.
    (ii) Shuck surfclams or ocean quahogs harvested in or from the EEZ 
at sea, unless permitted by the Regional Administrator under the terms 
of Sec. 648.74.
    (iii) Fish for, retain, or land both surfclams and ocean quahogs in 
or from the EEZ on the same trip.
    (iv) Fish for, retain, or land ocean quahogs in or from the EEZ on a 
trip designated as a surfclam fishing trip under Sec. 648.15(b); or 
fish for, retain, or land surfclams in or from the EEZ on a trip 
designated as an ocean quahog fishing trip under Sec. 648.15(b).
    (v) Fail to offload any surfclams or ocean quahogs harvested in the 
EEZ from a trip discontinued pursuant to Sec. 648.15(b) prior to 
commencing fishing operations in waters under the jurisdiction of any 
state.
    (vi) Land or possess any surfclams or ocean quahogs harvested in or 
from the EEZ without having been issued, or in excess of, an individual 
allocation.
    (2) Transfer and purchase. (i) Receive for a commercial purpose 
other than solely for transport on land, surfclams or ocean quahogs 
harvested in or from the EEZ, whether or not they are landed under an 
allocation under Sec. 648.70, unless issued a dealer/processor permit 
under this part.
    (ii) Transfer any surfclams or ocean quahogs harvested in or from 
the EEZ to any person for a commercial purpose, other than solely for 
transport on land, without a surfclam or ocean quahog processor or 
dealer permit.
    (iii) Offload unshucked surfclams or ocean quahogs harvested in or 
from the EEZ outside the Maine mahogany quahog zone from vessels not 
capable of carrying cages, other than directly into cages.
    (3) Gear and tags requirements. (i) Alter, erase, mutilate, 
duplicate or cause to be duplicated, or steal any cage tag issued under 
this part.
    (ii) Produce, or cause to be produced, cage tags required under this 
part

[[Page 456]]

without written authorization from the Regional Administrator.
    (iii) Tag a cage with a tag that has been rendered null and void or 
with a tag that has been previously used.
    (iv) Tag a cage of surfclams with an ocean quahog cage tag, or tag a 
cage of ocean quahogs with a surfclam cage tag.
    (v) Possess an empty cage to which a cage tag required by Sec. 
648.75 is affixed, or possess any cage that does not contain surfclams 
or ocean quahogs and to which a cage tag required by Sec. 648.75 is 
affixed.
    (vi) Land or possess, after offloading, any cage holding surfclams 
or ocean quahogs without a cage tag or tags required by Sec. 648.75, 
unless the person can demonstrate the inapplicability of the 
presumptions set forth in Sec. 648.75(h).
    (vii) Sell null and void tags.
    (4) VMS requirements. (i) Fail to maintain an operational VMS unit 
as specified in Sec. 648.9, and comply with any of the notification 
requirements specified in Sec. 648.15(b) including:
    (A) Fish for, land, take, possess, or transfer surfclams or ocean 
quahogs under an open access surfclam or ocean quahog permit without 
having provided proof to the Regional Administrator that the vessel has 
a fully functioning VMS unit on board the vessel and declared a 
surfclam, ocean quahog, or Maine mahogany quahog fishing activity code 
via the VMS unit prior to leaving port as specified at Sec. 648.15(b).
    (B) Fish for, land, take, possess, or transfer ocean quahogs under a 
limited access Maine mahogany quahog permit without having provided 
proof to the Regional Administrator of NMFS that the vessel has a fully 
functioning VMS unit on board the vessel and declared a fishing trip via 
the VMS unit as specified at Sec. 648.15(b).
    (5) Maine mahogany quahog zone. (i) Land unshucked surfclams or 
ocean quahogs harvested in or from the EEZ outside the Maine mahogany 
quahog zone in containers other than cages from vessels capable of 
carrying cages.
    (ii) Land unshucked surfclams and ocean quahogs harvested in or from 
the EEZ within the Maine mahogany quahog zone in containers other than 
cages from vessels capable of carrying cages unless, with respect to 
ocean quahogs, the vessel has been issued a Maine mahogany quahog permit 
under this part and is not fishing for an individual allocation of 
quahogs under Sec. 648.70.
    (iii) Offload unshucked surfclams harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages.
    (iv) Offload unshucked ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages, unless the vessel has 
been issued a Maine mahogany quahog permit under this part and is not 
fishing for an individual allocation of quahogs under Sec. 648.70.
    (v) Land or possess ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone after the effective date published 
in the Federal Register notifying participants that Maine mahogany 
quahog quota is no longer available for the respective fishing year, 
unless the vessel is fishing for an individual allocation of ocean 
quahogs under Sec. 648.70.
    (6) Presumptions. For purposes of this part, the following 
presumptions apply:
    (i) Possession of surfclams or ocean quahogs on the deck of any 
fishing vessel in closed areas, or the presence of any part of a 
vessel's gear in the water in closed areas is prima facie evidence that 
such vessel was fishing in violation of the provisions of the Magnuson-
Stevens Act and these regulations.
    (ii) Surfclams or ocean quahogs landed from a trip for which 
notification was provided under Sec. 648.15(b) or Sec. 648.70(b) are 
deemed to have been harvested in the EEZ and count against the 
individual's annual allocation, unless the vessel has a valid Maine 
mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and is 
not fishing for an individual allocation under Sec. 648.70.
    (iii) Surfclams or ocean quahogs found in cages without a valid 
state tag are deemed to have been harvested in the EEZ and are deemed to 
be part of an individual's allocation, unless the vessel has a valid 
Maine mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and 
is not fishing for an individual allocation under Sec. 648.70; or, 
unless the preponderance of available

[[Page 457]]

evidence demonstrates that he/she has surrendered his/her surfclam and 
ocean quahog permit issued under Sec. 648.4 and he/she conducted 
fishing operations exclusively within waters under the jurisdiction of 
any state. Surfclams and ocean quahogs in cages with a Federal tag or 
tags, issued and still valid pursuant to this part, affixed thereto are 
deemed to have been harvested by the individual allocation holder to 
whom the tags were issued or transferred under Sec. 648.70 or Sec. 
648.75(b).
    (k) NE multispecies--(1) Permit requirements for all persons. It is 
unlawful for any person, including any owner or operator of a vessel 
issued a valid Federal NE multispecies permit or letter under Sec. 
648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of 
the following:
    (i) Fish for, possess, or land NE multispecies, unless:
    (A) The NE multispecies are being fished for or were harvested in or 
from the EEZ by a vessel holding a valid Federal NE multispecies permit 
under this part, or a letter under Sec. 648.4(a)(1), and the operator 
on board such vessel has a valid operator's permit and has it on board 
the vessel.
    (B) The NE multispecies were harvested by a vessel not issued a 
Federal NE multispecies permit, nor eligible to renew or be reissued a 
limited access NE multispecies permit as specified in Sec. 648.4(b)(2), 
that fishes for NE multispecies exclusively in state waters.
    (C) The NE multispecies were harvested in or from the EEZ by a 
recreational fishing vessel.
    (D) Any haddock and up to 100 lb of other regulated NE multispecies 
were harvested by a vessel that has an All Areas limited access herring 
permit and/or an Areas 2 and 3 limited access herring permit on a trip 
that did not use a NE multispecies DAS, is subject to the requirements 
specified in Sec. 648.80(d) and (e), and may not sell the fish for 
human consumption.
    (E) Otherwise specified in Sec. 648.17.
    (ii) Land, offload, remove, or otherwise transfer; or attempt to 
land, offload, remove or otherwise transfer; NE multispecies from one 
vessel to another vessel, unless both vessels have not been issued 
Federal NE multispecies permits and both fish exclusively in state 
waters, unless authorized in writing by the Regional Administrator, or 
otherwise allowed.
    (iii) Sell, barter, trade, or otherwise transfer; or attempt to 
sell, barter, trade, or otherwise transfer; for a commercial purpose any 
NE multispecies from a trip, unless:
    (A) The vessel is holding a Federal NE multispecies permit, or a 
letter under Sec. 648.4(a)(1), and is not fishing under the charter/
party vessel restrictions specified in Sec. 648.89.
    (B) The NE multispecies were harvested by a vessel without a Federal 
NE multispecies permit that fishes for NE multispecies exclusively in 
state waters.
    (C) Or as otherwise specified in Sec. 648.17.
    (iv) Operate or act as an operator of a vessel fishing for or 
possessing NE multispecies in or from the EEZ, or holding a Federal NE 
multispecies vessel permit without having been issued and possessing a 
valid operator's permit.
    (2) Permit requirements for vessel and operator permit holders. It 
is unlawful for any owner or operator of a vessel issued a valid Federal 
NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to do any of the following:
    (i) Fish for, possess, or land NE multispecies with or from a vessel 
that has had the length, GRT, or NT of such vessel, or its replacement, 
increased or upgraded in excess of limitations specified in Sec. 
648.4(a)(1)(i)(E) and (F).
    (ii) Fish for, possess, or land NE multispecies with or from a 
vessel that has had the horsepower of such vessel or its replacement 
upgraded or increased in excess of the limitations specified in Sec. 
648.4(a)(1)(i)(E) and (F).
    (3) Dealer requirements. (i) Purchase, possess, or receive as a 
dealer, or in the capacity of a dealer, regulated species in excess of 
the possession limits specified in Sec. 648.85 or Sec. 648.86 
applicable to a vessel issued a NE multispecies permit, unless otherwise 
specified in Sec. 648.17, or unless the regulated species are purchased 
or received from a member of an approved Sector, as specified at Sec. 
648.87, that is exempt from such possession limits in accordance with an 
approved Sector Operations Plan.

[[Page 458]]

    (ii) Sell or transfer to another person for a commercial purpose, 
other than solely for transport on land, any NE multispecies harvested 
from the EEZ by a vessel issued a Federal NE multispecies permit, unless 
the transferee has a valid NE multispecies dealer permit.
    (4) NAFO. It is unlawful for any owner or operator of a vessel 
issued a valid NE multispecies permit or letter under Sec. 
648.4(a)(1)(i), to fail to comply with the exemption specifications in 
Sec. 648.17.
    (5) Regulated Mesh Areas. It is unlawful for any person, including 
any owner or operator of a vessel issued a valid Federal NE multispecies 
permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified 
in Sec. 648.17, to do any of the following:
    (i) Violate any of the provisions of Sec. 648.80, including 
paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption 
Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area; 
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket 
Shoals Dogfish Fishery Exemption Area; (a)(11), the GOM Scallop Dredge 
Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea Urchin 
Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet Exemption 
Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; (a)(15), the 
Raised Footrope Trawl Exempted Whiting Fishery; (a)(16), the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery; (a)(18), the Great South 
Channel Scallop Dredge Exemption Area; (b)(3), exemptions (small mesh); 
(b)(5), the SNE Monkfish and Skate Trawl Exemption Area; (b)(6), the SNE 
Monkfish and Skate Gillnet Exemption Area; (b)(8), the SNE Mussel and 
Sea Urchin Dredge Exemption Area; (b)(9), the SNE Little Tunny Gillnet 
Exemption Area; and (b)(11), the SNE Scallop Dredge Exemption Area. Each 
violation of any provision in Sec. 648.80 constitutes a separate 
violation.
    (ii) Enter or fish in the Gulf of Maine, Georges Bank, or Southern 
New England Regulated Mesh Areas, except as provided in Sec. 
648.80(a)(3)(vi) and (b)(2)(vi), and, for purposes of transiting, all 
gear (other than exempted gear) must be stowed in accordance with Sec. 
648.23(b).
    (iii) Gulf of Maine and Georges Bank Regulated Mesh Areas. (A) Fish 
with, use, or have on board, within the areas described in Sec. 
648.80(a)(1) and (2), nets with mesh size smaller than the minimum mesh 
size specified in Sec. 648.80(a)(3) and (4); except as provided in 
Sec. 648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), (a)(16), (d), 
(e), and (i); unless the vessel has not been issued a NE multispecies 
permit and fishes for NE multispecies exclusively in state waters, or 
unless otherwise specified in Sec. 648.17.
    (B) Fish within the areas described in Sec. 648.80(a)(6) with net 
mesh smaller than the minimum size specified in Sec. 648.80(a)(3) or 
(4).
    (iv) Southern New England Regulated Mesh Area. Fish with, use, or 
have available for immediate use within the area described in Sec. 
648.80(b)(1), net mesh smaller than the minimum size specified in Sec. 
648.80(b)(2), except as provided in Sec. 648.80(b)(3), (b)(9), (d), 
(e), and (i), or unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for multispecies exclusively in state 
waters, or unless otherwise specified in Sec. 648.17.
    (v) Mid-Atlantic Regulated Mesh Area. Fish with, use, or have 
available for immediate use within the area described in Sec. 
648.80(c)(1), nets of mesh size smaller than the minimum mesh size 
specified in Sec. 648.80(c)(2); except as provided in Sec. 
648.80(c)(3), (d), (e), and (i); or unless the vessel has not been 
issued a Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters, or unless otherwise specified in Sec. 
648.17.
    (vi) Mid-water trawl exempted fishery. (A) Fish for, land, or 
possess NE multispecies harvested by means of pair trawling or with pair 
trawl gear, except under the provisions of Sec. 648.80(d), or unless 
the vessels that engaged in pair trawling have not been issued 
multispecies permits and fish for NE multispecies exclusively in state 
waters.
    (B) Fish for the species specified in Sec. 648.80(d) or (e) with a 
net mesh smaller than the applicable mesh size specified in Sec. 
648.80(a)(3) or (4), (b)(2), or (c)(2), or possess or land such species,

[[Page 459]]

unless the vessel is in compliance with the requirements specified in 
Sec. 648.80(d) or (e), or unless the vessel has not been issued a 
Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters, or unless otherwise specified in Sec. 
648.17.
    (vii) Scallop vessels. (A) Violate any of the possession or landing 
restrictions on fishing with scallop dredge gear specified in Sec. Sec. 
648.80(h) and 648.94.
    (B) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec. 648.80(i) from or 
within the areas described in Sec. 648.80(i), while in possession of 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec. 648.53, or fishing under a general scallop 
permit, unless the vessel and the dredge gear conform with the stowage 
requirements of Sec. 648.23(b), or unless the vessel has not been 
issued a Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (C) Possess, land, or fish for regulated species while in possession 
of scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec. 648.53, or fishing under a general scallop 
permit, unless the vessel and the dredge gear conform with the stowage 
requirements of Sec. 648.23(b), or unless the vessel has not been 
issued a multispecies permit and fishes for NE multispecies exclusively 
in state waters.
    (viii) Northern shrimp and small mesh multispecies exempted 
fisheries. (A) Fish for, harvest, possess, or land in or from the EEZ 
northern shrimp, unless such shrimp were fished for or harvested by a 
vessel meeting the requirements specified in Sec. 648.80(a)(5).
    (B) Fish for, harvest, possess, or land in or from the EEZ, when 
fishing with trawl gear, any of the exempted species specified in Sec. 
648.80(a)(9)(i), unless such species were fished for or harvested by a 
vessel meeting the requirements specified in Sec. 648.80(a)(5)(ii) or 
(a)(9)(ii).
    (ix) Winter flounder state exemption program. Violate any provision 
of the state waters winter flounder exemption program as provided in 
Sec. 648.80(i).
    (6) Gear requirements--(i) For all persons. It is unlawful for any 
person, including any owner or operator of a vessel issued a valid NE 
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to do any of the following:
    (A) Obstruct or constrict a net as described in Sec. 648.80(g)(1) 
or (2).
    (B) Fish for, harvest, possess, or land any species of fish in or 
from the GOM/GB Inshore Restricted Roller Gear Area described in Sec. 
648.80(a)(3)(vii) with trawl gear where the diameter of any part of the 
trawl footrope, including discs, rollers or rockhoppers, is greater than 
12 inches (30.5 cm).
    (C) Fish for, land, or possess NE multispecies harvested with brush-
sweep trawl gear unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (D) Possess brush-sweep trawl gear while in possession of NE 
multispecies, unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (E) Use, set, haul back, fish with, possess on board a vessel, 
unless stowed in accordance with Sec. 648.23(b), or fail to remove, 
sink gillnet gear and other gillnet gear capable of catching NE 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(f)(2)(ii)), in the areas and for the times 
specified in Sec. 648.80(g)(6)(i) and (ii), except as provided in Sec. 
648.80(g)(6)(i) and (ii), and Sec. 648.81(f)(2)(ii), or unless 
otherwise authorized in writing by the Regional Administrator.
    (F) Fish for, land, or possess NE multispecies harvested with the 
use of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) 
spacing between the fairlead rollers unless the vessel has not been 
issued a Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (G) Possess or use de-hookers (``crucifiers'') with less than 6-inch 
(15.2-cm) spacing between the fairlead rollers while in possession of NE 
multispecies, unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.

[[Page 460]]

    (ii) For vessel and operator permit holders. It is unlawful for any 
owner or operator of a vessel issued a valid NE multispecies permit or 
letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 
648.17, to do any of the following:
    (A) Gillnet gear. (1) If the vessel has been issued a limited access 
NE multispecies permit and fishes under a NE multispecies DAS with 
gillnet gear, fail to comply with gillnet tagging requirements specified 
in Sec. Sec. 648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C), (a)(4)(iv)(B)(3), 
(b)(2)(iv)(B)(3), and (c)(2)(v)(B)(3), or fail to produce immediately, 
or cause to be produced immediately, gillnet tags when requested by an 
authorized officer.
    (2) Produce, or cause to be produced, gillnet tags under Sec. 
648.80(a)(3)(iv)(C), without the written confirmation from the Regional 
Administrator described in Sec. 648.80(a)(3)(iv)(C).
    (3) Tag a gillnet or use a gillnet tag that has been reported lost, 
missing, destroyed, or that was issued to another vessel.
    (4) Sell, transfer, or give away gillnet tags that have been 
reported lost, missing, destroyed, or issued to another vessel.
    (5) Enter, fail to remove sink gillnet gear or gillnet gear capable 
of catching NE multispecies from, or be in the areas, and for the times, 
described in Sec. 648.80(g)(6)(i) and (ii), except as provided in 
Sec. Sec. 648.80(g)(6)(i) and 648.81(i).
    (B) Hook gear. Fail to comply with the restrictions on fishing and 
gear specified in Sec. 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and 
(c)(2)(iv) if the vessel has been issued a limited access NE 
multispecies permit and fishes with hook gear in areas specified in 
Sec. 648.80(a), (b), or (c), unless allowed under Sec. 
648.85(b)(7)(iv)(F).
    (C) Hook Gear. Fail to comply with the restrictions on fishing and 
gear specified in Sec. 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and 
(c)(2)(iv) if the vessel has been issued a limited access NE 
multispecies permit and fishes with hook-gear in areas specified in 
Sec. 648.80(a), (b), or (c), unless allowed under Sec. 
648.85(b)(11)(iv)(F).
    (7) Closed areas and EFH--(i) All persons. It is unlawful for any 
person, including any owner or operator of a vessel issued a valid 
Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i), 
unless otherwise specified in Sec. 648.17, to do any of the following:
    (A) Enter, be on a fishing vessel in, or fail to remove gear from 
the EEZ portion of the areas described in Sec. 648.81(d)(1) through 
(g)(1), except as provided in Sec. 648.81(d)(2), (e)(2), (f)(2), 
(g)(2), and (i).
    (B) Fish for, harvest, possess, or land regulated species in or from 
the closed areas specified in Sec. 648.81(a) through (f), unless 
otherwise specified in Sec. 648.81(c)(2)(iii), (f)(2)(i), (f)(2)(iii), 
or as authorized under Sec. 648.85.
    (C) Restricted gear areas. (1) Fish, or be in the areas described in 
Sec. 648.81(j)(1), (k)(1), (l)(1), and (m)(1) on a fishing vessel with 
mobile gear during the time periods specified in Sec. 648.81(j)(2), 
(k)(2), (l)(2), and (m)(2), except as provided in Sec. 648.81(j)(2), 
(k)(2), (l)(2), and (m)(2).
    (2) Fish, or be in the areas described in Sec. 648.81(j)(1), 
(k)(1), and (l)(1) on a fishing vessel with lobster pot gear during the 
time periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
    (3) Deploy in or fail to remove lobster pot gear from the areas 
described in Sec. 648.81(j)(1), (k)(1), and (l)(1), during the time 
periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
    (D) GB Seasonal Closure Area. Enter, fail to remove gear from, or be 
in the areas described in Sec. 648.81(g)(1) through (i)(1) during the 
time period specified, except as provided in Sec. 648.81(d), (g)(2), 
(h)(2), and (i)(2).
    (E) Closed Area I. Enter or be in the area described in Sec. 
648.81(a)(1) on a fishing vessel, except as provided in Sec. 
648.81(a)(2) and (i).
    (F) Closed Area II. Enter or be in the area described in Sec. 
648.81(b)(1) on a fishing vessel, except as provided in Sec. 
648.81(b)(2) and (i).
    (G) Nantucket Lightship Closure Area. Enter or be in the area 
described in Sec. 648.81(c)(1) on a fishing vessel, except as allowed 
under Sec. 648.81(c)(2) and (i).
    (ii) Vessel and permit holders. It is unlawful for any owner or 
operator of a vessel issued a valid NE multispecies permit or letter 
under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, 
to do any of the following:

[[Page 461]]

    (A) EFH closure area restrictions. If fishing with bottom tending 
mobile gear, fish in, enter, be on a fishing vessel in, the EFH closure 
areas described in Sec. 648.81(h)(1)(i) through (vi).
    (B) [Reserved]
    (8) DAS restrictions for all persons. It is unlawful for any person, 
including any owner or operator of a vessel issued a valid NE 
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to do any of the following:
    (i) For vessels issued a limited access NE multispecies permit, or 
those issued a limited access NE multispecies permit and a limited 
access monkfish permit (Category C, D, F, G, or H), but not fishing 
under the limited access monkfish Category A or B provisions as allowed 
under Sec. 648.92(b)(2), call into the DAS program prior to 1 hr before 
leaving port.
    (ii) Call in DAS in excess of those allocated, leased, or 
permanently transferred, in accordance with the restrictions and 
conditions of Sec. 648.82.
    (9) DAS restrictions for vessel and operator permit holders. It is 
unlawful for any owner or operator of a vessel issued a valid NE 
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to do any of the following:
    (i) Differential DAS Areas. (A) If fishing under a NE multispecies 
Category A DAS in either the GOM Differential DAS Area, or the SNE 
Differential DAS Area defined under Sec. 648.82(e)(2)(i), fail to 
declare into the area through VMS as required under Sec. 
648.82(e)(2)(ii).
    (B) [Reserved]
    (C) If fishing under a NE multispecies Category A DAS in one or both 
of the differential DAS areas defined under Sec. 648.82(e)(4)(i), fail 
to declare into one or both of the areas through VMS, as required under 
Sec. 648.82(e)(4)(ii).
    (D) If fishing under a NE multispecies Category A DAS in one or both 
of the differential DAS areas defined in Sec. 648.82(e)(4)(i), and 
under the restrictions of one or more of the Special Management Programs 
under Sec. 648.85, fail to comply with the most restrictive 
regulations.
    (ii) DAS Leasing Program. (A) Provide false information on an 
application, required by Sec. 648.82(k)(4)(xi), to downgrade the DAS 
Leasing Program baseline.
    (B) Lease NE multispecies DAS or use leased DAS that have not been 
approved for leasing by the Regional Administrator as specified in Sec. 
648.82(k).
    (C) Provide false information on, or in connection with, an 
application, required under Sec. 648.82(k)(3), to effectuate the 
leasing of NE multispecies DAS.
    (D) Act as lessor or lessee of a NE multispecies Category B DAS, or 
Category C DAS.
    (E) Act as lessor or lessee of NE multispecies DAS, if the lessor's 
or the lessee's vessels do not comply with the size restrictions 
specified in Sec. 648.82(k)(4)(ix).
    (F) Sub-lease NE multispecies DAS.
    (G) Lease more than the maximum number of DAS allowable under Sec. 
648.82(k)(4)(iv).
    (H) Lease NE multispecies DAS to a vessel that does not have a valid 
limited access multispecies permit.
    (I) Lease NE multispecies DAS associated with a Confirmation of 
Permit History.
    (J) Lease NE multispecies DAS if the number of unused allocated DAS 
is less than the number of DAS requested to be leased.
    (K) Lease NE multispecies DAS in excess of the duration specified in 
Sec. 648.82(k)(4)(viii).
    (L) Combine, transfer, or consolidate DAS allocations, except as 
provided for under the DAS Leasing Program or the DAS Transfer Program, 
as specified under Sec. 648.82(k) and (l), respectively.
    (iii) DAS Transfer Program. (A) Transfer NE multispecies DAS, or use 
transferred DAS, that have not been approved for transfer by the 
Regional Administrator, as specified in Sec. 648.82(l).
    (B) Provide false information on, or in connection with, an 
application, required by Sec. 648.82(l)(2), for a NE multispecies DAS 
transfer.
    (C) Permanently transfer only a portion of a vessel's total 
allocation of DAS.
    (D) Permanently transfer NE multispecies DAS between vessels, if 
such vessels do not comply with the size restrictions specified in Sec. 
648.82(l)(1)(ii).
    (iv) Gillnet fishery. (A) Fail to declare, and be, out of the non-
exempt gillnet fishery as required by Sec. 648.82(j)(1)(ii),

[[Page 462]]

using the procedure specified in Sec. 648.82(h).
    (B) If a vessel has been issued a limited access NE multispecies 
permit and fishes under a NE multispecies DAS, fail to comply with the 
gillnet requirements and restrictions specified in Sec. 648.82(j).
    (C) If a vessel has been issued a limited access Day gillnet 
category designation, fail to comply with the restrictions and 
requirements specified in Sec. 648.82(j)(1).
    (D) If a vessel has been issued a limited access Trip gillnet 
category designation, fail to comply with the restrictions and 
requirements specified in Sec. 648.82(j)(2).
    (v) Spawning blocks. Fail to declare, and be, out of the NE 
multispecies DAS program as required by Sec. 648.82(g), using the 
procedure described under Sec. 648.82(h), as applicable.
    (vi) DAS notification. (A) For purposes of DAS notification, if 
required, or electing, to have a VMS unit under Sec. 648.10:
    (1) Fail to have a certified, operational, and functioning VMS unit 
that meets the specifications of Sec. 648.9 on board the vessel at all 
times.
    (2) Fail to comply with the notification, replacement, or any other 
requirements regarding VMS usage specified in Sec. 648.10(b).
    (B) Fail to comply with any provision of the DAS notification 
program specified in Sec. 648.10.
    (vii) Charter/party vessels. Participate in the DAS program pursuant 
to Sec. 648.82 when carrying passengers for hire on board a vessel 
during any portion of a fishing trip.
    (10) Gear marking requirement for all persons. It is unlawful for 
any person, including any owner or operator of a vessel issued a valid 
NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless 
otherwise specified in Sec. 648.17, to fail to comply with the gear-
marking requirements of Sec. 648.84.
    (11) U.S./Canada Resource Management Area--(i) Possession and 
landing restrictions of the U.S./Canada Area--(A) All Persons. (1) Fish 
for, harvest, possess or land any regulated NE multispecies from the 
areas specified in Sec. 648.85(a)(1), unless in compliance with the 
restrictions and conditions specified in Sec. 648.85(a)(3).
    (2) If fishing under a NE multispecies DAS in the Western U.S./
Canada Area or Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), 
exceed the trip limits specified in Sec. 648.85(a)(3)(iv), unless 
further restricted under Sec. 648.85(b).
    (3) If fishing inside the Eastern U.S./Canada Area and in possession 
of fish in excess of what is allowed under more restrictive regulations 
that apply outside of the Eastern U.S./Canada Area, fish outside of the 
Eastern U.S./Canada Area on the same trip, as prohibited under Sec. 
648.85(a)(3)(ii)(A).
    (4) If fishing both outside and inside of the areas specified for a 
SAP under Sec. 648.85(b)(3) and (8), under a NE multispecies DAS in the 
Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), fail to abide 
by the DAS and possession restrictions under Sec. 648.85(b)(8)(v)(A)(2) 
through (4).
    (5) If fishing inside the Eastern U.S./Canada Area and in possession 
of fish in excess of what is allowed under most restrictive regulations 
that apply outside of the Eastern U.S./Canada Area, fish outside of the 
Eastern U.S./Canada Area on the same trip, as prohibited under Sec. 
648.85(a)(3)(viii)(A).
    (B) Vessel and operator permit holders. Fail to comply with the GB 
yellowtail flounder trip limit specified under Sec. 
648.85(a)(3)(iv)(C).
    (ii) Gear requirements for all persons. If fishing with trawl gear 
under a NE multispecies DAS in the Eastern U.S./Canada Area defined in 
Sec. 648.85(a)(1)(ii), fail to fish with a haddock separator trawl, 
flounder trawl net, or Ruhle trawl as specified in Sec. 
648.85(a)(3)(iii) and (b)(6)(iv)(J)(1); unless using other gear 
authorized under Sec. 648.85(b)(6) or (8).
    (iii) Notification and VMS requirements for all persons. (A) Enter 
or fish in the Western U.S./Canada Area or Eastern U.S./Canada Area 
specified in Sec. 648.85(a)(1), unless declared into the area in 
accordance with Sec. 648.85(a)(3)(ii).
    (B) If declared into one of the areas specified in Sec. 
648.85(a)(1), fish during that same trip outside of the declared area, 
unless in compliance with the applicable restrictions specified under 
Sec. 648.85(a)(3)(ii)(A) or (B).

[[Page 463]]

    (C) If the vessel has been issued a limited access NE multispecies 
DAS permit, and is in the area specified in Sec. 648.85(a), fail to 
comply with the VMS requirements in Sec. 648.85(a)(3)(i).
    (D) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Area specified in Sec. 648.85(a)(1)(ii), but not in a SAP 
specified in Sec. 648.85(b) on the same trip, fail to comply with the 
requirements specified in Sec. 648.85(a)(3).
    (E) Fail to notify NMFS via VMS prior to departing the Eastern U.S./
Canada Area, when fishing inside and outside of the area on the same 
trip, in accordance with Sec. 648.85(a)(3)(ii)(A)(1).
    (F) When fishing inside and outside of the Eastern U.S./Canada Area 
on the same trip, fail to abide by the most restrictive requirements 
that apply to any area fished, including the DAS counting, trip limits, 
and reporting requirements that apply, as described in Sec. 
648.85(a)(3)(ii)(A).
    (G) For vessels fishing inside and outside the Eastern U.S./Canada 
Area on the same trip, fail to comply with the most restrictive 
regulations that apply on the trip as required under Sec. 
648.85(a)(3)(viii)(A).
    (H) Enter or fish in the Western U.S./Canada Area or Eastern U.S./
Canada Area specified in Sec. 648.85(a)(1), unless declared into the 
area in accordance with Sec. 648.85(a)(3)(viii).
    (I) If declared into one of the areas specified in Sec. 
648.85(a)(1), fish during that same trip outside of the declared area, 
unless in compliance with the applicable restrictions specified under 
Sec. 648.85(a)(3)(viii)(A) or (B).
    (J) Fail to notify NMFS via VMS prior to departing the Eastern U.S./
Canada Area, when fishing inside and outside of the area on the same 
trip, in accordance with Sec. 648.85(a)(3)(viii)(A)(1).
    (K) When fishing inside and outside of the Eastern U.S./Canada Area 
on the same trip, fail to abide by the most restrictive DAS counting, 
trip limits, and reporting requirements that apply, as described in 
Sec. 648.85(a)(3)(viii)(A).
    (L) For vessels fishing inside and outside the Eastern U.S./Canada 
Area on the same trip, fail to notify NMFS via VMS that the vessel is 
electing to fish in this manner, as required by Sec. 
648.85(a)(3)(viii)(A)(1).
    (iv) Reporting requirements for all persons. (A) If fishing under a 
NE multispecies DAS in the Western U.S./Canada Area or Eastern U.S./
Canada Area specified in Sec. 648.85(a)(1), fail to report landings in 
accordance with Sec. 648.85(a)(3)(v).
    (B) Fail to comply with the reporting requirements under Sec. 
648.85(a)(3)(ii)(A)(2) when fishing inside and outside of the Eastern 
U.S./Canada Area on one trip.
    (C) Fail to comply with the reporting requirements under Sec. 
648.85(a)(3)(viii)(A)(2) when fishing inside and outside of the Eastern 
U.S./Canada Area on a trip.
    (v) DAS--(A) All Persons. If fishing under a NE multispecies DAS in 
the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)(ii), and in 
one of the SAPs specified in Sec. 648.85(b)(3) or (8) on the same trip, 
fail to comply with the no discard and DAS flip provisions specified in 
Sec. 648.85(b)(8)(v)(I) or the minimum Category A DAS requirement 
specified in Sec. 648.85(b)(8)(v)(J).
    (B) Vessel and operator permit holders. (1) If fishing under a NE 
multispecies Category A DAS in one of the Differential DAS Areas defined 
in Sec. 648.82(e)(2)(i), and under the restrictions of one or more of 
the SAPs under Sec. 648.85, fail to comply with the most restrictive 
regulations.
    (2) For vessels fishing inside and outside the Eastern U.S./Canada 
Area on the same trip, fail to comply with the most restrictive 
regulations that apply on the trip as required by Sec. 
648.85(a)(3)(ii)(A).
    (vi) Closure of the U.S./Canada Area for all persons. If fishing 
under a NE multispecies DAS, declare into, enter, or fish in the Eastern 
U.S./Canada Area specified in Sec. 648.85(a)(1), if the area is closed 
under the authority of the Regional Administrator as described in Sec. 
648.85(a)(3)(iv)(D) or (E), unless fishing in the Closed Area II 
Yellowtail Flounder SAP specified in Sec. 648.85(b)(3) or the Eastern 
U.S./Canada Haddock SAP Pilot Program specified in Sec. 648.85(b)(8).
    (vii) If fishing with trawl gear under a NE multispecies DAS in the 
Eastern U.S./Canada Area defined in Sec. 648.85(a)(1)(ii), fail to fish 
with a haddock separator trawl, flounder trawl net, or Ruhle trawl, as 
specified in

[[Page 464]]

Sec. 648.85(a)(3)(ix) and (b)(10)(iv)(J)(3), unless otherwise allowed 
under the Eastern U.S./Canada Haddock SAP rules in Sec. 
648.85(b)(8)(v)(E).
    (12) SAP restrictions--(i) General restrictions for all persons. (A) 
If declared into the areas specified in Sec. 648.85(b), enter or exit 
the declared areas more than once per trip.
    (B) If a vessel is fishing under a Category B DAS in the Closed Area 
II Yellowtail Flounder SAP specified in Sec. 648.85(b)(3), the Regular 
B DAS Program specified in Sec. 648.85(b)(6), or the Eastern U.S./
Canada Haddock SAP specified in Sec. 648.85(b)(8), remove any fish 
caught with any gear, including dumping the contents of a net, except on 
board the vessel.
    (C) If fishing under a Category B DAS in the Closed Area II 
Yellowtail Flounder SAP specified in Sec. 648.85(b)(3), the Regular B 
DAS Pilot Program specified in Sec. 648.85(b)(10), or the Eastern U.S./
Canada Haddock SAP Pilot Program specified in Sec. 648.85(b)(8), remove 
any fish caught with any gear, including dumping the contents of a net, 
except on board the vessel.
    (ii) General restrictions for vessel and operator permit holders. 
Discard legal-sized NE regulated multispecies, ocean pout, or Atlantic 
halibut while fishing under a SAP, as described in Sec. Sec. 
648.85(b)(3)(xi), 648.85(b)(7)(iv)(H), or 648.85(b)(8)(v)(I).
    (iii) Closed Area II Yellowtail Flounder SAP restrictions for all 
persons. (A) If fishing under the Closed Area II Yellowtail Flounder 
SAP, fish for, harvest, possess, or land any regulated NE multispecies 
from the area specified in Sec. 648.85(b)(3)(ii), unless in compliance 
with Sec. 648.85(b)(3)(i) through (xi).
    (B) Enter or fish in Closed Area II as specified in Sec. 648.81(b), 
unless declared into the area in accordance with Sec. 648.85(b)(3)(v).
    (C) Enter or fish in Closed Area II under the Closed Area II 
Yellowtail Flounder SAP outside of the season specified in Sec. 
648.85(b)(3)(iii).
    (D) If fishing in the Closed Area II Yellowtail Flounder SAP 
specified in Sec. 648.85(b)(3), exceed the number of trips specified 
under Sec. 648.85(b)(3)(vi) or (vii).
    (E) If fishing in the Closed Area II Yellowtail Flounder SAP 
specified in Sec. 648.85(b)(3), exceed the trip limits specified in 
Sec. 648.85(b)(3)(viii).
    (iv) Southern New England/Mid-Atlantic Winter Flounder SAP 
restrictions for all persons. If fishing under the SNE/MA Winter 
Flounder SAP described in Sec. 648.85(b)(4), fail to comply with Sec. 
648.85(b)(4)(i) through (iv).
    (v) Regular B DAS Program restrictions for vessel and operator 
permit holders. (A) If fishing in the Regular B DAS Program specified in 
Sec. 648.85(b)(6), fail to comply with Sec. Sec. 648.85(b)(6)(iv)(A) 
through (J).
    (B) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to use a haddock separator trawl as described in 
Sec. 648.85(a)(3)(iii)(A), or other approved gear as described in Sec. 
648.85(b)(6)(iv)(J).
    (C) If possessing a Ruhle Trawl, either at sea or elsewhere, as 
allowed under Sec. 648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to 
comply with the net specifications under Sec. 648.85(b)(6)(iv)(J)(3).
    (D) Discard legal-sized NE regulated multispecies, ocean pout, 
Atlantic halibut, or monkfish while fishing under a Regular B DAS in the 
Regular B DAS Program, as described in Sec. 648.85(b)(6)(iv)(E).
    (E) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the landing limits specified in Sec. 
648.85(b)(6)(iv)(D).
    (F) If fishing under a Regular B DAS in the Regular B DAS Program, 
fail to comply with the DAS flip requirements of Sec. 
648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more than 
the landing limit for a groundfish stock of concern specified in Sec. 
648.85(b)(6)(iv)(D), other groundfish specified under Sec. 648.86, or 
monkfish under Sec. 648.94.
    (G) DAS usage restrictions. (1) If fishing in the Regular B DAS 
Program, fail to comply with the restriction on DAS use specified in 
Sec. 648.82(d)(2)(i)(A).
    (2) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the minimum Category A DAS and 
Category B DAS accrual requirements specified in Sec. 
648.85(b)(6)(iv)(F).
    (3) Use a Regular B DAS in the Regular B DAS Program specified in 
Sec. 648.85(b)(6), if the program has been

[[Page 465]]

closed as specified in Sec. 648.85(b)(6)(iv)(G) or (H), or (b)(6)(vi).
    (4) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to comply with the minimum Category A DAS and 
Category B DAS accrual requirements specified in Sec. 
648.85(b)(10)(iv)(F).
    (5) Use a Regular B DAS in the Regular B DAS Program specified in 
Sec. 648.85(b)(10), if the program has been closed as specified in 
Sec. 648.85(b)(10)(iv)(H) or (b)(10)(vi).
    (6) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), use a Regular B DAS after the program has closed, as 
required under Sec. 648.85(b)(10)(iv)(G) or (H).
    (H) VMS requirements. (1) If fishing in the Regular B DAS Program 
specified in Sec. 648.85(b)(6), fail to comply with the VMS requirement 
specified in Sec. 648.85(b)(6)(iv)(A).
    (2) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the VMS declaration requirement 
specified in Sec. 648.85(b)(6)(iv)(C).
    (3) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to comply with the VMS requirement specified in 
Sec. 648.85(b)(10)(iv)(A).
    (4) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to comply with the VMS declaration requirement 
specified in Sec. 648.85(b)(10)(iv)(C).
    (I) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the observer notification requirement 
specified in Sec. 648.85(b)(6)(iv)(B).
    (J) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(6), fail to comply with the reporting requirements specified 
in Sec. 648.85(b)(6)(iv)(I).
    (K) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to comply with the requirements and restrictions 
specified in Sec. 648.85(b)(10)(iv)(A) through (F), (I), and (J).
    (L) Discard legal-sized NE regulated multispecies, ocean pout, 
Atlantic halibut, or monkfish while fishing under a Regular B DAS in the 
Regular B DAS Program, as described in Sec. 648.85(b)(10)(iv)(E).
    (M) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to comply with the landing limits specified in Sec. 
648.85(b)(10)(iv)(D).
    (N) If fishing under a Regular B DAS in the Regular B DAS Program, 
fail to comply with the DAS flip requirements of Sec. 
648.85(b)(10)(iv)(E) if the vessel harvests and brings on board more 
than the landing limit for a groundfish stock of concern specified in 
Sec. 648.85(b)(10)(iv)(D), other groundfish specified under Sec. 
648.86, or monkfish under Sec. 648.94.
    (O) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to comply with the observer notification requirement 
specified in Sec. 648.85(b)(10)(iv)(B).
    (P) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to comply with the reporting requirements specified 
in Sec. 648.85(b)(10)(iv)(I).
    (Q) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to use a haddock separator trawl as described under 
Sec. 648.85(a)(3)(iii)(A), or other approved gear as described under 
Sec. 648.85(b)(10)(iv)(J).
    (R) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to use a haddock separator trawl as described under 
Sec. 648.85(a)(3)(ix)(A), or other approved gear as described under 
Sec. 648.85(b)(10)(iv)(J).
    (S) If fishing in the Regular B DAS Program specified in Sec. 
648.85(b)(10), fail to comply with the no discard and DAS flip 
requirements specified in Sec. 648.85(b)(10)(iv)(E).
    (vi) Closed Area I Hook Gear Haddock SAP restrictions for vessel and 
operator permit holders. (A) If fishing in the Closed Area I Hook Gear 
Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the 
applicable requirements and conditions specified in Sec. 
648.85(b)(7)(iv), and (b)(7)(v) or (b)(7)(vi).
    (B) Fish in the Closed Area I Hook Gear Haddock SAP specified in 
Sec. 648.85(b)(7) outside of the season specified in Sec. 
648.85(b)(7)(iii).
    (C) Fish in the Closed Area I Hook Gear Haddock Access Area 
specified in Sec. 648.85(b)(7)(ii), if that area is closed as specified 
in Sec. 648.85(b)(7)(iv)(I) or (b)(7)(vi)(F).
    (D) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in

[[Page 466]]

Sec. 648.85(b)(7), fail to comply with the applicable DAS use 
restrictions specified in Sec. 648.85(b)(7)(iv)(A), and (b)(7)(v)(A) or 
(b)(7)(vi)(A).
    (E) VMS requirements. (1) If fishing in the Closed Area I Hook Gear 
Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the VMS 
requirements specified in Sec. 648.85(b)(7)(iv)(B).
    (2) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the VMS declaration 
requirement specified in Sec. 648.85(b)(7)(iv)(D).
    (3) If fishing in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), fail to comply with the VMS requirements specified in 
Sec. 648.85(b)(11)(iv)(B).
    (4) If fishing in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), fail to comply with the VMS declaration requirement 
specified in Sec. 648.85(b)(11)(iv)(D).
    (F) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the observer notification 
requirements specified in Sec. 648.85(b)(7)(iv)(C).
    (G) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the applicable gear 
restrictions specified in Sec. 648.85(b)(7)(iv)(E), and (b)(7)(v)(B) or 
(b)(7)(vi)(B).
    (H) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the applicable landing limits 
specified in Sec. 648.85(b)(7)(iv)(H), and (b)(7)(v)(C) or 
(b)(7)(vi)(C).
    (I) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec. 648.85(b)(7), fail to comply with the applicable reporting 
requirement specified in Sec. 648.85(b)(7)(v)(D) or (b)(7)(vi)(D).
    (J) If fishing in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), fail to comply with the requirements and conditions 
specified in Sec. 648.85(b)(11)(iv), and (b)(11)(v) or (b)(11)(vi), 
whichever is applicable.
    (K) If fishing in the CA I Hook Gear Haddock Access Area specified 
in Sec. 648.85(b)(11)(ii), fail to comply with the requirements and 
conditions specified in Sec. 648.85(b)(11)(iv), and (b)(11)(v) or 
(b)(11)(vi), whichever is applicable.
    (L) Fish in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), outside of the season specified in Sec. 
648.85(b)(11)(iii).
    (M) Fish in the CA I Hook Gear Haddock Access Area specified in 
Sec. 648.85(b)(11)(ii), if that area is closed as specified in Sec. 
648.85(b)(11)(iv)(I) or (b)(11)(vi)(F).
    (N) If fishing in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), fail to comply with the DAS use restrictions specified in 
Sec. 648.85(b)(11)(iv)(A), and (b)(11)(v)(A) or (b)(11)(vi)(A), 
whichever is applicable.
    (O) If fishing in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), fail to comply with the observer notification 
requirements specified in Sec. 648.85(b)(11)(iv)(C).
    (P) If fishing in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), fail to comply with the gear restrictions specified in 
Sec. 648.85(b)(11)(iv)(E), and (b)(11)(v)(B) or (b)(11)(vi)(B), 
whichever is applicable.
    (Q) If fishing in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), fail to comply with the landing limits specified in Sec. 
648.85(b)(11)(iv)(H), and (b)(11)(v)(C) or (b)(11)(vi)(C), whichever is 
applicable.
    (R) If fishing in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), fail to comply with the reporting requirement specified 
in Sec. 648.85(b)(11)(v)(D) or (b)(11)(vi)(D), whichever is applicable.
    (S) If fishing in the CA I Hook Gear Haddock SAP specified in Sec. 
648.85(b)(11), fish with squid as bait, as prohibited at Sec. 
648.85(b)(11)(iv)(J).
    (vii) Eastern U.S./Canada Haddock SAP Restrictions--(A) All Persons. 
(1) If fishing under a NE multispecies DAS in the Eastern U.S./Canada 
Haddock SAP specified in Sec. 648.85(b)(8), in the area specified in 
Sec. 648.85(b)(8)(ii), and during the season specified in Sec. 
648.85(b)(8)(iv), fail to comply with Sec. 648.85(b)(8)(v).
    (2) VMS and declaration requirements. (i) If the vessel has been 
issued a limited access NE multispecies DAS permit and is in the area 
specified in Sec. 648.85(b)(8)(ii), fail to comply with the VMS 
requirements in Sec. 648.85(b)(8)(v)(B).
    (ii) If fishing under a NE multispecies DAS, fish in the Eastern 
U.S./Canada

[[Page 467]]

Haddock SAP Program specified in Sec. 648.85(b)(8), unless declared 
into the program in accordance with Sec. 648.85(b)(8)(v)(D).
    (3) Enter or fish in the Eastern U.S./Canada Haddock SAP outside of 
the season specified in Sec. 648.85(b)(8)(iv).
    (4) If possessing a Ruhle Trawl, either at sea or elsewhere, as 
allowed under Sec. 648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to 
comply with the net specifications under Sec. 648.85(b)(6)(iv)(J)(3).
    (5) Possession limits and restrictions. (i) If fishing under a NE 
multispecies DAS in the Eastern U.S./Canada Haddock SAP, exceed the 
possession limits specified in Sec. 648.85(b)(8)(v)(F).
    (ii) If fishing under the Eastern U.S./Canada Haddock SAP, fish for, 
harvest, possess, or land any regulated NE multispecies from the area 
specified in Sec. 648.85(b)(8)(ii), unless in compliance with the 
restrictions and conditions of Sec. 648.85(b)(8)(v)(A) through (I).
    (6) If fishing in the Eastern U.S./Canada Haddock SAP specified in 
Sec. 648.85(b)(8), fail to comply with the reporting requirements of 
Sec. 648.85(b)(8)(v)(G).
    (7) If fishing under the Eastern U.S./Canada Haddock SAP specified 
in Sec. 648.85(b)(8), fail to comply with the observer notification 
requirements of Sec. 648.85(b)(8)(v)(C).
    (8) If possessing a Ruhle Trawl, either at sea or elsewhere, as 
allowed under Sec. 648.85(b)(10)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to 
comply with the net specifications under Sec. 648.85(b)(10)(iv)(J)(3).
    (B) Vessel and operator permit holders. (1) If fishing in the 
Eastern U.S./Canada Haddock SAP Area, and other portions of the Eastern 
U.S./Canada Haddock SAP Area on the same trip, fail to comply with the 
restrictions in Sec. 648.85(b)(8)(v)(A).
    (2) DAS usage restrictions. (i) If fishing in the Eastern U.S./
Canada Haddock SAP Area under a Category B DAS, fail to comply with the 
DAS flip requirements of Sec. 648.85(b)(8)(v)(I), if the vessel 
possesses more than the applicable landing limit specified in Sec. Sec. 
648.85(b)(8)(v)(F) or 648.86.
    (ii) If fishing in the Eastern U.S./Canada Haddock SAP Area under a 
Category B DAS, fail to have the minimum number of Category A DAS 
available as required by Sec. 648.85(b)(8)(v)(J).
    (3) Fish in the Eastern U.S./Canada Haddock SAP specified in Sec. 
648.85(b)(8), if the SAP is closed as specified in Sec. 
648.85(b)(8)(v)(K) or (L).
    (4) If fishing under the Eastern U.S./Canada Haddock SAP, fish for, 
harvest, possess, or land any regulated NE multispecies from the area 
specified in Sec. 648.85(b)(8)(ii), unless in compliance with the 
restrictions and conditions specified in Sec. 648.85(b)(8)(v)(A) 
through (M).
    (5) Fish in the Eastern U.S./Canada Haddock SAP specified in Sec. 
648.85(b)(8), if the SAP is closed as specified in Sec. 
648.85(b)(8)(v)(L) or (N).
    (viii) Discard legal-sized NE regulated multispecies, ocean pout, or 
Atlantic halibut while fishing under a Special Access Program, as 
described in Sec. Sec. 648.85(b)(3)(xi), 48.85(b)(11)(iv)(H) or 
648.85(b)(8)(v)(I).
    (13) Possession and landing restrictions--(i) All persons. (A) Under 
Sec. 648.85 or Sec. 648.86, fail to offload regulated species subject 
to a landing limit based on a DAS fished at the end of a fishing trip, 
as required by Sec. 648.86(i).
    (B) Scallop vessels. Possess or land fish caught with nets of mesh 
smaller than the minimum size specified in Sec. 648.51, or with scallop 
dredge gear on a vessel not fishing under the scallop DAS program 
described in Sec. 648.54, or fishing under a general scallop permit, 
unless said fish are caught, possessed, or landed in accordance with 
Sec. Sec. 648.80 and 648.86, or unless the vessel has not been issued a 
Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (ii) Vessel and operator permit holders. (A) Land, or possess on 
board a vessel, more than the possession or landing limits specified in 
Sec. 648.86(a), (b), (c), (d), (g), and (h); or violate any of the 
other provisions of Sec. 648.86, unless otherwise specified in Sec. 
648.17.
    (B) Possess or land per trip more than the possession or landing 
limits specified under Sec. 648.86(a), (e), (g), (h), and (j), and 
under Sec. 648.82(b)(5) or (6), if the vessel has been issued a limited 
access NE multispecies permit or open access NE multispecies permit, as 
applicable.

[[Page 468]]

    (C) Fish for, possess at any time during a trip, or land regulated 
NE multispecies specified in Sec. 648.86(d) after using up the vessel's 
annual DAS allocation or when not participating in the DAS program 
pursuant to Sec. 648.82, unless otherwise exempted by Sec. Sec. 
648.82(b)(5) or 648.89.
    (D) Atlantic cod. (1) Enter port, while on a NE multispecies DAS 
trip, in possession of more than the allowable limit of cod specified in 
Sec. 648.86(b)(1), unless the vessel is fishing under the cod exemption 
specified in Sec. 648.86(b)(4).
    (2) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec. 648.86(b)(2).
    (3) Cod running clock. (i) For vessels fishing in the NE 
multispecies DAS program under the provisions of the call-in system, 
described in Sec. 648.10(c), fail to remain in port for the appropriate 
time specified in Sec. 648.86(b)(1)(ii)(A) and (b)(2)(ii)(A), except 
for transiting purposes, provided the vessel complies with Sec. 
648.86(b)(3).
    (ii) For vessels fishing in the NE multispecies DAS program under 
the provisions of VMS, described in Sec. 648.10(b), fail to declare 
through VMS that insufficient DAS have elapsed in order to account for 
the amount of cod on board the vessel as required under Sec. 
648.86(b)(2)(ii)(B).
    (4) Fail to declare through VMS an intent to be exempt from the GOM 
cod trip limit under Sec. 648.86(b)(1), as required under Sec. 
648.86(b)(4), or fish north of the exemption line if in possession of 
more than the GOM cod trip limit specified under Sec. 648.86(b)(1).
    (5) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec. 648.86(l)(1), 
unless the vessel is fishing under the cod exemption specified in Sec. 
648.86(l)(4).
    (6) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec. 648.86(l)(2).
    (7) Cod Running Clock. (i) For vessels fishing in the NE 
multispecies DAS program under the provisions of Sec. 648.10(c), the 
call-in system, fail to remain in port for the appropriate time 
specified in Sec. 648.86(l)(1)(ii)(A), except for transiting purposes, 
provided the vessel complies with Sec. 648.86(l)(3).
    (ii) For vessels fishing in the NE multispecies DAS program under 
the provisions of Sec. 648.10(b), the VMS system, fail to declare 
through VMS that insufficient DAS have elapsed in order to account for 
the amount of cod on board the vessel as required under Sec. 
648.86(l)(1)(ii)(B).
    (iii) For vessels fishing in the NE multispecies DAS program under 
the provisions of Sec. 648.10(c), the call-in system, fail to remain in 
port for the appropriate time specified in Sec. 648.86(l)(2)(ii)(A), 
except for transiting purposes, provided the vessel complies with Sec. 
648.86(l)(3).
    (iv) For vessels fishing in the NE multispecies DAS program under 
the provisions of Sec. 648.10(b), the VMS system, fail to declare 
through VMS that insufficient DAS have elapsed in order to account for 
the amount of cod on board the vessel as required under Sec. 
648.86(l)(2)(ii)(B).
    (8) Fail to declare through VMS the intent to be exempt from the GOM 
cod trip limit under Sec. 648.86(l)(1), as required under Sec. 
648.86(l)(4), or fish north of the exemption line if in possession of 
more than the GOM cod trip limit specified under Sec. 648.86(l)(1).
    (E) Atlantic halibut. Possess or land per trip more than the 
possession or landing limit specified under Sec. 648.86(c).
    (F) White hake. Possess or land more white hake than allowed under 
Sec. 648.86(e).
    (G) Yellowtail flounder. While fishing in the areas specified in 
Sec. 648.86(g)(1) with a NE multispecies Handgear A permit, or under 
the NE multispecies DAS program, or under the limited access monkfish 
Category C or D permit provisions, possess yellowtail flounder in excess 
of the limits specified under Sec. 648.86(g)(1), unless fishing under 
the recreational or charter/party regulations, or transiting in 
accordance with Sec. 648.23(b).
    (H) GB winter flounder. Possess or land more GB winter flounder than 
allowed under Sec. 648.86(j).
    (I) Possess or land per trip more than the possession or landing 
limits specified under Sec. Sec. 648.86(a), (c), (e), (g), (h), (j), 
(l), (m), and (n) and 648.82(b)(5) and (6) with NMS permit, if the 
vessel has

[[Page 469]]

been issued a limited access NE multispecies permit or open access NE 
multispecies permit, as applicable.
    (J) Possess or land more witch flounder than allowed under Sec. 
648.86(m).
    (K) Retain or land zero retention stocks as specified under Sec. 
648.86(n).
    (14) Sector requirements for all persons--(i) General requirements. 
(A) If fishing under an approved sector, as authorized under Sec. 
648.87, fail to abide by the restrictions specified in Sec. 
648.87(b)(1).
    (B) If fishing under an approved sector, as authorized under Sec. 
648.87, fail to remain in the sector for the remainder of the fishing 
year as required by Sec. 648.87(b)(1).
    (C) If fishing under an approved sector, as authorized under Sec. 
648.87, fish in the NE multispecies DAS program in a given fishing year 
or, if fishing under a NE multispecies DAS, fish in an approved sector 
in a given fishing year, unless otherwise provided under Sec. 
648.87(b)(1)(xii).
    (D) If a vessel has agreed to participate in a sector, fail to 
remain in the sector for the entire fishing year, as required under 
Sec. 648.87(b)(1)(xi).
    (E) If a vessel is removed from a sector for violating the sector 
rules, fish under the NE multispecies regulations for non-sector 
vessels.
    (ii) GB Cod Hook Sector. If fishing under the GB Cod Hook Sector 
specified under Sec. 648.87(d)(1), fish with gear other than jigs, 
demersal longline, or handgear.
    (iii) GB Fixed Gear Sector. If fishing under the GB Fixed Gear 
Sector specified under Sec. 648.87(d)(2), fish with gear other than 
jigs, non-automated demersal longline, handgear, or sink gillnets.
    (15) Open access permit restrictions--(i) All persons. (A) Violate 
any provision of the open access permit restrictions of Sec. 648.88.
    (B) Possess on board gear other than that specified in Sec. 
648.88(a)(2)(i), or fish with hooks greater than the number specified in 
Sec. 648.88(a)(2)(iii), if fishing under an open access Handgear 
permit.
    (C) Fish for, possess, or land regulated multispecies from March 1 
to March 20, if issued an open access Handgear permit.
    (ii) Vessel and operator permit holders--(A) Open access Handgear 
permit. It is unlawful for any person owning or operating a vessel 
issued an open access NE multispecies Handgear permit to do any of the 
following, unless otherwise specified in Sec. 648.17:
    (1) Violate any provision of the open access Handgear permit 
restrictions of Sec. 648.88(a).
    (2) Possess, at any time during a trip, or land per trip, more than 
the possession limit of NE multispecies specified in Sec. 648.88(a), 
unless the vessel is a charter or party vessel fishing under the 
charter/party restrictions specified in Sec. 648.89.
    (3) Use, or possess on board, gear capable of harvesting NE 
multispecies, other than rod and reel, or handline gear, or tub-trawls, 
while in possession of, or fishing for, NE multispecies.
    (4) Possess or land NE multispecies during the time period specified 
in Sec. 648.88(a)(2).
    (B) Scallop multispecies possession limit permit. It is unlawful for 
any person owning or operating a vessel issued a scallop multispecies 
possession limit permit to possess or land more than the possession 
limit of NE multispecies specified in Sec. 648.88(c), or to possess or 
land regulated species when not fishing under a scallop DAS, unless 
otherwise specified in Sec. 648.17.
    (C) Open access NE multispecies (Non-regulated species permit). It 
is unlawful for any owner or operator of a vessel issued a valid open 
access NE multispecies permit to possess or land any regulated species 
as defined in Sec. 648.2, or to violate any applicable provisions of 
Sec. 648.88, unless otherwise specified in Sec. 648.17.
    (16) Recreational and charter/party requirements. It is unlawful for 
the owner or operator of a charter or party boat issued a valid Federal 
NE multispecies permit, or for a recreational vessel, as applicable, 
unless otherwise specified in Sec. 648.17, to do any of the following:
    (i) Possession and landing. Possess cod, haddock, or Atlantic 
halibut in excess of the possession limits specified in Sec. 648.89(c).
    (ii) Gear requirements. Fish with gear in violation of the 
restrictions of Sec. 648.89(a).

[[Page 470]]

    (iii) Seasonal and area restrictions. (A) If fishing under the 
recreational or charter/party regulations, fish for or possess cod 
caught in the GOM Regulated Mesh Area during the seasonal GOM cod 
possession prohibition under Sec. 648.89(c)(1)(v) or (c)(2)(v), or fail 
to abide by the appropriate restrictions if transiting with cod on 
board.
    (B) If the vessel has been issued a charter/party permit or is 
fishing under charter/party regulations, fail to comply with the 
requirements specified in Sec. 648.81(f)(2)(iii) when fishing in the 
areas described in Sec. 648.81(d)(1) through (f)(1) during the time 
periods specified.
    (C) If the vessel is a private recreational fishing vessel, fail to 
comply with the seasonal GOM cod possession prohibition described in 
Sec. 648.89(c)(1)(v), or, if the vessel has been issued a charter/party 
permit or is fishing under charter/party regulations, fail to comply 
with the prohibition on fishing under Sec. 648.89(c)(2)(v).
    (D) If fishing under the recreational or charter/party regulations, 
fish for or possess cod caught in the GOM Regulated Mesh Area during the 
seasonal GOM cod possession prohibition under Sec. 648.89(c)(1)(vi) or 
(c)(5)(v) or, fail to abide by the appropriate restrictions if 
transiting with cod on board.
    (E) If the vessel is a private recreational fishing vessel, fail to 
comply with the seasonal GOM cod possession prohibition described in 
Sec. 648.89(c)(1)(vi) or, if the vessel has been issued a charter/party 
permit or is fishing under charter/party regulations, fail to comply 
with the prohibition on fishing under Sec. 648.89(c)(5)(v).
    (iv) Restriction on sale and transfer. Sell, trade, barter, or 
otherwise transfer; or attempt to sell, trade, barter or otherwise 
transfer; NE multispecies for a commercial purpose as specified in Sec. 
648.89(d).
    (v) If fishing as a private recreational and charter/party vessel in 
the SNE/MA winter flounder stock area defined in Sec. 
648.85(b)(10)(v)(E), fish for or retain winter flounder or transit this 
area in possession of winter flounder caught outside this area, unless 
all bait and hooks are removed from fishing rods and any winter flounder 
on board has been gutted and stored.
    (17) Presumptions. For purposes of this part, the following 
presumptions apply:
    (i) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec. 648.83 are deemed to have been taken or 
imported in violation of these regulations, unless the preponderance of 
all submitted evidence demonstrates that such fish were harvested by a 
vessel not issued a permit under this part and fishing exclusively 
within state waters, or by a vessel that fished exclusively in the NAFO 
Regulatory Area. This presumption does not apply to fish being sorted on 
deck.
    (ii) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec. 648.83 are deemed taken from the EEZ or 
imported in violation of these regulations, unless the preponderance of 
all submitted evidence demonstrates that such fish were harvested by a 
vessel not issued a permit under this part and fishing exclusively 
within state waters, or by a vessel that fished exclusively in the NAFO 
Regulatory Area. This presumption does not apply to fish being sorted on 
deck.
    (l) Small-mesh multispecies. (1) It is unlawful for any person 
owning or operating a vessel issued a valid Federal multispecies permit 
to land, offload, or otherwise transfer; or attempt to land, offload, or 
otherwise transfer; small-mesh multispecies from one vessel to another 
in excess of the limits specified in Sec. 648.13.
    (2) Presumptions. For purposes of this part, the following 
presumption applies: All small-mesh multispecies retained or possessed 
on a vessel issued any permit under Sec. 648.4 are deemed to have been 
harvested from the EEZ.
    (m) Monkfish. It is unlawful for any person owning or operating a 
vessel that engages in fishing for monkfish to do any of the following, 
unless otherwise fishing in accordance with, and exempted under, the 
provisions of Sec. 648.17:
    (1) Permit requirement. (i) Fish for, possess, retain, or land 
monkfish, unless:
    (A) The monkfish are being fished for, or were harvested, in or from 
the EEZ by a vessel issued a valid monkfish permit under Sec. 
648.4(a)(9).

[[Page 471]]

    (B) The vessel does not hold a valid Federal monkfish permit and 
fishes for or possesses monkfish exclusively in state waters.
    (C) The vessel does not hold a valid Federal monkfish permit and 
engages in recreational fishing.
    (D) The monkfish were harvested from the NAFO Regulatory Area in 
accordance with the provisions specified under Sec. 648.17.
    (ii) Fish for, possess, or land monkfish in or from the EEZ without 
having been issued and possessing a valid operator permit pursuant to 
Sec. 648.5, and this permit is onboard the vessel.
    (2) Gear requirements. (i) Fish with or use nets with mesh size 
smaller than the minimum mesh size specified in Sec. 648.91(c) while 
fishing under a monkfish DAS.
    (ii) Fail to immediately produce gillnet tags when requested by an 
authorized officer.
    (iii) Tag a gillnet with, or otherwise use or possess, a gillnet tag 
that has been reported lost, missing, destroyed, or issued to another 
vessel, or use or possess a false gillnet tag.
    (iv) Sell, transfer, or give away gillnet tags.
    (v) If the vessel has been issued a valid limited access monkfish 
permit, and fishes under a monkfish DAS, fail to comply with gillnet 
requirements and restrictions specified in Sec. 648.92(b)(8).
    (3) Area restrictions. (i) Fail to comply with the restrictions 
applicable to limited access Category G and H vessels specified under 
Sec. 648.92(b)(9).
    (ii) Fail to comply with the NFMA requirements specified at Sec. 
648.94(f).
    (4) DAS requirements. (i) Fail to comply with the monkfish DAS 
provisions specified at Sec. 648.92 when issued a valid limited access 
monkfish permit.
    (ii) Combine, transfer, or consolidate monkfish DAS allocations.
    (5) Size limits. Fail to comply with the monkfish size limit 
restrictions of Sec. 648.93 when issued a valid monkfish permit under 
Sec. 648.4(a)(9) or when fishing in the EEZ.
    (6) Possession and landing. (i) Fail to comply with the monkfish 
possession limits and landing restrictions, including liver landing 
restrictions, specified under Sec. 648.94.
    (ii) Violate any provision of the monkfish incidental catch permit 
restrictions as specified in Sec. Sec. 648.4(a)(9)(ii) or 648.94(c).
    (7) Transfer and sale. (i) Sell, barter, trade, or otherwise 
transfer for a commercial purpose; or attempt to sell, barter, trade, or 
otherwise transfer for a commercial purpose; any monkfish from a vessel 
without having been issued a valid monkfish vessel permit, unless the 
vessel fishes for monkfish exclusively in state waters, or exclusively 
in the NAFO Regulatory Area in accordance with the provisions specified 
under Sec. 648.17.
    (ii) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, monkfish in excess of the possession or trip limits 
specified in Sec. 648.94.
    (iii) Land, offload, or otherwise transfer; or attempt to land, 
offload, or otherwise transfer; monkfish from one vessel to another 
vessel, unless each vessel has not been issued a monkfish permit and 
fishes exclusively in state waters.
    (8) Presumption. For purposes of this part, the following 
presumption applies: All monkfish retained or possessed on a vessel 
issued any permit under Sec. 648.4 are deemed to have been harvested 
from the EEZ, unless the preponderance of evidence demonstrates that 
such fish were harvested by a vessel that fished exclusively in the NAFO 
Regulatory Area, as authorized under Sec. 648.17.
    (n) Summer flounder--(1) All persons. Unless participating in a 
research activity as described in Sec. 648.21(g), it is unlawful for 
any person to do any of the following:
    (i) Permit requirement. Possess summer flounder in or harvested from 
the EEZ, either in excess of the possession limit specified in Sec. 
648.105, or before or after the time period specified in Sec. 648.102, 
unless the vessel was issued a summer flounder moratorium permit and the 
moratorium permit is on board the vessel and has not been surrendered, 
revoked, or suspended.
    (ii) Transfer and purchase. (A) Purchase or otherwise receive for a 
commercial purpose, other than solely for transport on land, summer 
flounder

[[Page 472]]

from the owner or operator of a vessel issued a summer flounder 
moratorium permit, unless in possession of a valid summer flounder 
dealer permit.
    (B) Purchase or otherwise receive for commercial purposes summer 
flounder caught by a vessel subject to the possession limit of Sec. 
648.105.
    (C) Purchase or otherwise receive for a commercial purpose summer 
flounder landed in a state after the effective date published in the 
Federal Register notifying permit holders that commercial quota is no 
longer available in that state for the respective fishing year.
    (iii) Gear requirements. Possess nets or netting with mesh not 
meeting the minimum mesh requirement of Sec. 648.104 if the person 
possesses summer flounder harvested in or from the EEZ in excess of the 
threshold limit of Sec. 648.105(a).
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec. 648.100(f), it is unlawful for 
any person owning or operating a vessel issued a summer flounder permit 
(including a moratorium permit) to do any of the following:
    (i) Possession and landing. (A) Possess 100 lb (45.4 kg) or more of 
summer flounder between May 1 and October 31, or 200 lb (90.7 kg) or 
more of summer flounder between November 1 and April 30, unless the 
vessel meets the gear requirements or restrictions specified in Sec. 
648.104.
    (B) Possess summer flounder in other than a container specified in 
Sec. 648.105(d) if fishing with nets having mesh that does not meet the 
minimum mesh-size requirement specified in Sec. 648.104(a), unless the 
vessel is fishing pursuant to the exemptions specified in Sec. 
648.104(b).
    (C) Land summer flounder for sale in a state after the effective 
date of a notification in the Federal Register notifying permit holders 
that commercial quota is no longer available in that state.
    (D) Sell or transfer to another person for a commercial purpose, 
other than solely for transport on land, any summer flounder, possessed 
or landed by a vessel not issued a summer flounder moratorium permit.
    (ii) Transfer and purchase. Sell or transfer to another person for a 
commercial purpose, other than solely for transport on land, any summer 
flounder, unless the transferee has a valid summer flounder dealer 
permit.
    (iii) Gear requirements. (A) Fish with or possess nets or netting 
that do not meet the minimum mesh requirement, or that are modified, 
obstructed or constricted, if subject to the minimum mesh requirement 
specified in Sec. 648.104, unless the nets or netting are stowed in 
accordance with Sec. 648.104(e).
    (B) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if fishing with an exempted net described in Sec. 648.104, 
unless the nets or netting are stowed in accordance with Sec. 
648.104(f).
    (C) Fish west or south, as appropriate, of the line specified in 
Sec. 648.104(b)(1) if exempted from the minimum mesh requirement 
specified in Sec. 648.104 by a summer flounder exemption permit.
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec. 648.100(f), it is unlawful for the owner 
and operator of a party or charter boat issued a summer flounder permit 
(including a moratorium permit), when the boat is carrying passengers 
for hire or carrying more than three crew members if a charter boat or 
more than five members if a party boat, to:
    (i) Carry passengers for hire, or carry more than three crew members 
for a charter boat or five crew members for a party boat, while fishing 
commercially pursuant to a summer flounder moratorium permit.
    (ii) Possess summer flounder in excess of the possession limit 
established pursuant to Sec. 648.105.
    (iii) Fish for summer flounder other than during a season specified 
pursuant to Sec. 648.102.
    (iv) Sell or transfer summer flounder to another person for a 
commercial purpose.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All summer flounder retained or possessed on a 
vessel issued a permit under Sec. 648.4 are deemed to have been 
harvested in the EEZ.

[[Page 473]]

    (o) Scup--(1) All persons. Unless participating in a research 
activity as described in Sec. 648.120(e), it is unlawful for any person 
to do any of the following:
    (i) Permit requirement. Fish for, catch, or retain for sale, barter, 
or trade scup in or from the EEZ north of 35[deg]15.3[min] N. lat. on 
board a party or charter boat without the vessel having been issued an 
applicable valid party or charter boat permit pursuant to Sec. 
648.4(a)(6), unless the vessel other than a party or charter vessel 
observes the possession limit restrictions and prohibition against sales 
specified in Sec. 648.125.
    (ii) Possession and landing. (A) Possess scup in or harvested from 
the EEZ north of 35[deg]15.3[min] N. lat. in an area closed, or before 
or after a season established pursuant to Sec. 648.122(g).
    (B) Possess scup in excess of the possession limit established 
pursuant to Sec. 648.125.
    (C) Fish for, possess, or land scup harvested in or from the EEZ 
north of 35[deg]15.3[min] N. lat. for a commercial purpose after the 
effective date of a notification published in the Federal Register 
stating that the commercial quota has been harvested.
    (D) Fish for, catch, possess, or retain scup in or from the EEZ 
north of 35[deg]15.3[min] N. lat. in excess of the amount specified in 
Sec. 648.123, unless the vessel complies with all of the gear 
restrictions in Sec. 648.123.
    (E) Fish for, catch, retain, or land scup in or from the EEZ north 
of 35[deg]15.3[min] N. lat. in excess of the limit established through 
the annual specification process and published in the Federal Register 
pursuant to Sec. 648.120(b)(3), (4), and (7).
    (iii) Minimum fish size. Possess, other than solely for transport on 
land, scup harvested in or from the EEZ north of 35[deg]15.3[min] N. 
lat. that do not meet the minimum fish size specified in Sec. 648.124.
    (iv) Transfer and purchase. Purchase or otherwise receive for a 
commercial purpose scup harvested from the EEZ north of 35[deg]15.3[min] 
N. lat., or from a vessel issued a scup moratorium permit after the 
effective date of a notification published in the Federal Register 
stating that the commercial quota has been harvested.
    (v) Gear requirements. Fail to comply with any of the gear 
restrictions specified in Sec. 648.123.
    (vi) Gear restricted areas. Fish for, catch, possess, retain, or 
land Loligo squid, silver hake, or black sea bass in or from the areas 
and during the time periods described in Sec. 648.122(a) or (b) while 
in possession of any trawl nets or netting that do not meet the minimum 
mesh restrictions or that are obstructed or constricted as specified in 
Sec. Sec. 648.122 and 648.123(a), unless the nets or netting are stowed 
in accordance with Sec. 648.123(b).
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec. 648.120(e), it is unlawful for 
any person owning or operating a vessel issued a scup permit (including 
a moratorium permit) to do any of the following:
    (i) Possession and landing. (A) Possess scup in excess of the 
threshold amount specified in Sec. 648.123, unless the vessel meets the 
minimum mesh-size restrictions specified in Sec. 648.123.
    (B) Land scup for sale after the effective date of a notification 
published in the Federal Register stating that the commercial quota has 
been harvested.
    (C) Possess scup in, or harvested from, the EEZ in an area closed 
by, or before or after a season established pursuant to Sec. 648.122.
    (ii) Transfer and purchase. (A) Sell or transfer to another person 
for a commercial purpose, other than solely for transport on land, any 
scup, unless the transferee has a dealer permit issued under Sec. 
648.6.
    (B) Transfer scup at sea, or attempt to transfer at sea to any 
vessel, any scup taken from the EEZ, unless in compliance with the 
provisions of Sec. 648.13(i).
    (3) Charter/party requirements. Unless participating in a research 
activity as described in Sec. 648.120(e), it is unlawful for the owner 
or operator of a party or charter boat issued a scup permit (including a 
moratorium permit), when the boat is carrying passengers for hire, or 
when carrying more than three crew members, if a charter boat, or more 
than five members, if a party boat to:
    (i) Carry passengers for hire, or carry more than three crew members 
for a

[[Page 474]]

charter boat, or five crew members for a party boat, while fishing for 
scup under the terms of a moratorium permit issued pursuant to Sec. 
648.4(a)(6).
    (ii) Possess scup in excess of the possession limit established 
pursuant to Sec. 648.125.
    (iii) Fish for scup other than during a season established pursuant 
to Sec. 648.122.
    (iv) Sell scup or transfer scup to another person for a commercial 
purpose other than solely for transport on land.
    (v) Possess scup that do not meet the minimum fish size specified in 
Sec. 648.124(b).
    (4) Presumption. For purposes of this part, the following 
presumption applies: All scup retained or possessed on a vessel issued a 
permit under Sec. 648.4 are deemed to have been harvested in the EEZ, 
north of 35[deg]15.3[min] N. lat., unless a preponderance of the 
evidence shows the fish were harvested by a vessel that fished 
exclusively in state waters.
    (p) Black sea bass--(1) All persons. Unless participating in a 
research activity as described in Sec. 648.140(e), it is unlawful for 
any person to do any of the following:
    (i) Permit requirement. Possess black sea bass in or harvested from 
the EEZ north of 35[deg]15.3[min] N. lat., either in excess of the 
possession limit established pursuant to Sec. 648.145, or before or 
after the time period established pursuant to Sec. 648.142, unless the 
person is operating a vessel issued a moratorium permit under Sec. 
648.4 and the moratorium permit is on board the vessel.
    (ii) Possession and landing. Fish for, catch, possess, land, or 
retain black sea bass in or from the EEZ north of 35[deg]15.3[min] N. 
lat. (the latitude of Cape Hatteras Light, NC, to the U.S.-Canadian 
border) in excess of the amount specified in Sec. 648.144(a)(1)(i), 
unless the vessel complies with all of the gear restrictions at Sec. 
648.144(a).
    (iii) Transfer and purchase. Purchase or otherwise receive for 
commercial purposes, other than solely for transport on land, black sea 
bass landed for sale by a moratorium vessel in any state, or part 
thereof, north of 35[deg]15.3[min] N. lat., after the effective date of 
a notification published in the Federal Register stating that the 
commercial annual quota has been harvested and the EEZ is closed to the 
harvest of black sea bass.
    (iv) Gear restriction. Fail to comply with any of the gear 
restrictions specified in Sec. 648.144.
    (v) Minimum fish size. Fish for, possess, land, or retain black sea 
bass in or from the EEZ that does not comply with the minimum fish size 
specified in Sec. 648.143.
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec. 648.140(e), it is unlawful for 
any person owning or operating a vessel issued a black sea bass permit 
(including a moratorium permit) to do any of the following:
    (i) Permit requirement. Sell or transfer to another person for a 
commercial purpose, other than solely for transport on land, any black 
sea bass from a vessel, unless the transferee has a valid black sea bass 
dealer permit.
    (ii) Possession and landing. (A) Land black sea bass for sale in any 
state, or part thereof, north of 35[deg]15.3[min] N. lat. after the 
effective date of a notification published in the Federal Register 
stating that the commercial annual quota has been harvested and the EEZ 
is closed to the harvest of black sea bass.
    (B) Possess, retain, or land black sea bass harvested in or from the 
EEZ in excess of the commercial possession limit established at Sec. 
648.140.
    (C) Land black sea bass for sale in any state south of North 
Carolina.
    (D) Possess black sea bass after the effective date of a 
notification published in the Federal Register stating that the 
commercial annual quota has been harvested and the EEZ is closed to the 
harvest of black sea bass, unless the vessel has been issued a Southeast 
Region Snapper/Grouper Permit and fishes for and possess black sea bass 
south of 35[deg]15.3[min] N. lat.
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec. 648.140(e), it is unlawful for the owner 
or operator of a party or charter boat issued a black sea bass permit 
(including a moratorium permit), when the boat is carrying passengers 
for hire or carrying more than three crew members, if a charter boat, or 
more than five members, if a party boat, to:

[[Page 475]]

    (i) Fish for black sea bass under the terms of a moratorium permit 
issued pursuant to Sec. 648.4(a)(7).
    (ii) Possess, retain, or land black sea bass in excess of the 
possession limit established pursuant to Sec. 648.145.
    (iii) Fish for black sea bass other than during a time allowed 
pursuant to Sec. 648.142.
    (iv) Sell black sea bass or transfer black sea bass from a vessel to 
another person for a commercial purpose other than solely for transport 
on land.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All black sea bass retained or possessed on a 
vessel issued a permit under Sec. 648.4 are deemed to have been 
harvested in the EEZ, unless the vessel also has been issued a Southeast 
Region Snapper/Grouper permit and fishes for, retains, or possesses 
black sea bass south of 35[deg]15.3[min] N. lat.
    (q) Bluefish. Unless participating in a research activity as 
described in Sec. 648.160(h), it is unlawful for any person to do any 
of the following:
    (1) Permit requirement. Possess in or harvest from the EEZ, Atlantic 
bluefish, in excess of the daily possession limit found at Sec. 
648.164, unless the vessel is issued a valid Atlantic bluefish vessel 
permit under Sec. 648.4(a)(8)(i) and the permit is on board the vessel 
and has not been surrendered, revoked, or suspended.
    (2) Possession and landing. (i) Land bluefish for sale in a state 
after the effective date of a notification in the Federal Register 
pursuant to Sec. 648.161(b), that the commercial quota is no longer 
available in that state.
    (ii) Land bluefish for sale after the effective date of a 
notification in the Federal Register pursuant to Sec. 648.161(a), that 
the bluefish fishery is closed.
    (3) Transfer and purchase. (i) Sell, barter, trade or transfer; or 
attempt to sell, barter, trade or otherwise transfer; other than for 
transport, bluefish that were harvested in or from the EEZ, unless the 
vessel has been issued a valid bluefish permit under Sec. 
648.4(a)(8)(i).
    (ii) Purchase or otherwise receive for a commercial purpose bluefish 
harvested from the EEZ after the effective date of the notification 
published in the Federal Register stating that the commercial quota has 
been harvested.
    (iii) Purchase or otherwise receive for a commercial purpose 
bluefish harvested by a Federally permitted vessel after the effective 
date of the notification published in the Federal Register stating that 
the commercial quota has been harvested.
    (4) Charter/party restrictions. Carry passengers for hire, or carry 
more than three crew members for a charter boat or five crew members for 
a party boat, while fishing commercially pursuant to a bluefish permit 
issued under Sec. 648.4(a)(8).
    (5) Presumption. For purposes of this part, the following 
presumption applies: All bluefish possessed on board a party or charter 
vessel issued a permit under Sec. 648.4(a)(8)(ii) are deemed to have 
been harvested from the EEZ.
    (r) Atlantic herring--(1) All persons. It is unlawful for any person 
to do any of the following:
    (i) Permit requirement. Operate, or act as an operator of, a vessel 
with an Atlantic herring permit, or a vessel fishing for or possessing 
herring in or from the EEZ, unless the operator has been issued, and is 
in possession of, a valid operator permit.
    (ii) Possession and landing. (A) Fish for, possess, retain or land 
herring, unless:
    (1) The herring are being fished for, or were harvested in or from, 
the EEZ by a vessel holding a valid herring permit under this part and 
the operator on board such vessel possesses a valid operator permit that 
is on board the vessel.
    (2) The herring were harvested by a vessel not issued a herring 
permit that fished exclusively in state waters.
    (3) The herring were harvested in or from the EEZ by a vessel 
engaged in recreational fishing.
    (4) The herring were possessed for personal use as bait.
    (5) Unless otherwise specified in Sec. 648.17.
    (B) Possess, transfer, receive, or sell; or attempt to transfer, 
receive, or sell; more than 2,000 lb (907.2 kg) of herring per trip; or 
land, or attempt to land more than 2,000 lb (907.2 kg) of herring per 
day in or from a management area closed pursuant to Sec. 648.201(a), if 
the

[[Page 476]]

vessel has been issued and holds a valid herring permit.
    (C) Possess or land more herring than is allowed by the vessel's 
Atlantic herring permit.
    (iii) Processing requirements. (A) Process herring that was caught 
in or from the EEZ by a U.S. vessel that exceeds the size limits 
specified in Sec. 648.4(a)(10)(iii), in excess of the specification of 
USAP.
    (B) Discard herring carcasses at sea after removing the roe, if a 
Federally permitted vessel; or in the EEZ, if not a Federally permitted 
vessel.
    (C) Catch, take, or harvest herring for roe, at sea, if a Federally 
permitted vessel; or if not Federally permitted, in or from the EEZ in 
excess of any limit established by Sec. 648.206(b)(24).
    (iv) Transfer and purchase. (A) Purchase, possess, receive; or 
attempt to purchase, possess, or receive; as a dealer, or in the 
capacity of a dealer, herring harvested in or from the EEZ, without 
having been issued, and in possession of, a valid herring dealer permit.
    (B) Purchase, possess, receive; or attempt to purchase, possess, or 
receive; as a processor, or in the capacity of a processor, herring from 
a fishing vessel with a herring permit or from a dealer with a herring 
dealer permit, without having been issued, and in possession of, a valid 
herring processor permit.
    (C) Sell, barter, trade, or otherwise transfer; or attempt to sell, 
barter, trade, or otherwise transfer; for a commercial purpose, any 
herring, unless the harvesting vessel has been issued a herring permit, 
or unless the herring were harvested by a vessel without a Federal 
herring permit that fished exclusively in state waters.
    (D) Purchase, possess, or receive, for a commercial purpose; or 
attempt to purchase, possess, or receive, for a commercial purpose; 
herring caught by a vessel without a herring permit, unless the herring 
was harvested by a vessel without a Federal herring permit that fished 
exclusively in state waters.
    (E) Transfer, or attempt to transfer, herring to a Canadian 
transshipment vessel that is permitted in accordance with Public Law 
104-297, if the amount of herring transshipped exceeds the amount of the 
border transfer specified in Sec. 648.200.
    (v) Gear and vessel requirements. (A) If fishing with midwater trawl 
or purse seine gear, fail to comply with the requirements of Sec. 
648.80(d) and (e).
    (B) Catch, take, or harvest Atlantic herring in or from the EEZ with 
a U.S. vessel that exceeds the size limits specified in Sec. 
648.4(a)(10)(iii).
    (vi) Area requirements. (A) For the purposes of observer deployment, 
fail to notify NMFS at least 72 hr prior to departing on a trip by a 
limited access herring vessel fishing for herring in the GOM/GB 
Exemption Area specified in Sec. 648.80(a)(17).
    (B) Possess, land, transfer, receive, sell, purchase, trade, or 
barter; or attempt to transfer, receive, sell, purchase, trade, or 
barter, or sell more than 2,000 lb (907 kg) of Atlantic herring per trip 
taken from the GOM/GB Herring Exemption Area, defined in Sec. 
648.86(a)(3)(ii)(A)(1), after the haddock cap has been reached pursuant 
to Sec. 648.86(a)(3), unless all herring possessed or landed by the 
vessel was caught outside of GOM/GB Herring Exemption Area.
    (C) Transit the GOM/GB Herring Exemption Area, when the 2,000-lb 
(907.2-kg) limit specified in Sec. 648.86(a)(3)(ii)(A)(1) is in place, 
in possession of more than 2,000 lb (907.2 kg) of herring, unless all 
herring on board was caught outside of GOM/GB Herring Exemption Area and 
all fishing gear is stowed and not available for immediate use, as 
required by Sec. 648.23(b).
    (D) Fish for herring in Area 1A from June 1 through September 30 
with midwater trawl gear.
    (vii) Transit and transport. (A) Transit or be in an area closed to 
fishing for Atlantic herring pursuant to Sec. 648.201(a) with more than 
2,000 lb (907.2 kg) of herring, unless all fishing gear is stowed as 
specified by Sec. 648.23(b).
    (B) Receive Atlantic herring at sea in or from the EEZ, solely for 
transport, without a letter of authorization from the Regional 
Administrator.
    (C) Fail to comply with a letter of authorization from the Regional 
Administrator.
    (D) Transit Area 1A from June 1 through September 30 with more than 
2,000 lb (907.2 kg) of herring without

[[Page 477]]

mid-water trawl gear properly stowed as required by Sec. 648.23(b).
    (E) Discard haddock at sea that has been brought on deck, or pumped 
into the hold, of a limited access herring vessel.
    (viii) VMS requirements. (A) Catch, take, or harvest Atlantic 
herring in or from the EEZ, if a limited access herring vessel, unless 
equipped with an operable VMS unit.
    (B) Fail to notify the NMFS Office of Law Enforcement of the time 
and date of landing via VMS, if a limited access herring vessel, at 
least 6 hr prior to landing herring at the end of a fishing trip.
    (2) Vessel and operator permit holders. It is unlawful for any 
person owning or operating a vessel holding a valid Federal Atlantic 
herring permit, or issued an operator's permit, to do any of the 
following:
    (i) Sell, purchase, receive, trade, barter, or transfer haddock or 
other regulated NE multispecies (cod, witch flounder, plaice, yellowtail 
flounder, pollock, winter flounder, windowpane flounder, redfish, and 
white hake); or attempt to sell, purchase, receive, trade, barter, or 
transfer haddock or other regulated NE for human consumption; if the 
regulated NE multispecies are landed by a vessel holding an All Areas 
Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access 
Herring Permit.
    (ii) Fail to comply with requirements for herring processors/dealers 
that handle individual fish to separate out, and retain, for at least 12 
hr, all haddock offloaded from vessels holding an All Areas Limited 
Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring 
Permit.
    (iii) Sell, purchase, receive, trade, barter, or transfer; or 
attempt to sell, purchase, receive, trade, barter, or transfer; to 
another person, any haddock or other regulated NE multispecies (cod, 
witch flounder, plaice, yellowtail flounder, pollock, winter flounder, 
windowpane flounder, redfish, and white hake) separated out from a 
herring catch offloaded from a vessel that has an All Areas Limited 
Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring 
Permit.
    (iv) While operating as an at-sea herring processor, fail to comply 
with requirements to separate out and retain all haddock offloaded from 
a vessel that has an All Areas Limited Access Herring Permit and/or an 
Areas 2 and 3 Limited Access Herring Permit.
    (3) Presumption. For purposes of this part, the following 
presumption applies: All Atlantic herring retained or possessed on a 
vessel issued any permit under Sec. 648.4 are deemed to have been 
harvested from the EEZ, unless the preponderance of all submitted 
evidence demonstrates that such Atlantic herring were harvested by a 
vessel fishing exclusively in state waters.
    (s) Spiny dogfish--(1) All persons. It is unlawful for any person to 
do any of the following:
    (i) Permit requirement. Purchase or otherwise receive, other than 
solely for transport on land, spiny dogfish from any person on board a 
vessel issued a Federal spiny dogfish permit, unless the purchaser/
receiver is in possession of a valid spiny dogfish dealer permit.
    (ii) Transfer and purchase. Purchase or otherwise receive for a 
commercial purpose spiny dogfish landed by a Federally permitted vessel 
in any state, from Maine to Florida, after the EEZ is closed to the 
harvest of spiny dogfish.
    (2) Vessel and operator permit holders. It is unlawful for any 
person owning or operating a vessel issued a valid Federal spiny dogfish 
permit or issued a valid Federal operator's permit to do any of the 
following:
    (i) Permit requirement. Sell, barter, trade or transfer; or attempt 
to sell, barter, trade or otherwise transfer; other than solely for 
transport on land, spiny dogfish, unless the dealer, transferor, or 
transferee has a valid dealer permit issued under Sec. 648.6(a).
    (ii) Possession and landing. (A) Fish for or possess spiny dogfish 
harvested in or from the EEZ after the EEZ is closed to the harvest of 
spiny dogfish.
    (B) Land spiny dogfish for a commercial purpose after the EEZ is 
closed to the harvest of spiny dogfish.
    (C) Possess more than the daily possession limit of spiny dogfish 
specified in Sec. 648.235.
    (iii) Prohibition on finning. Violate any of the provisions in 
Sec. Sec. 600.1203 and

[[Page 478]]

600.1204 applicable to the dogfish fishery that prohibit finning.
    (t) Red crab. It is unlawful for any person to do any of the 
following:
    (1) Permit requirement. Fish for, catch, possess, transport, land, 
sell, trade, or barter; or attempt to fish for, catch, possess, 
transport, land, sell, trade, or barter; any red crab or red crab parts 
in or from the EEZ portion of the Red Crab Management Unit, unless in 
possession of a valid Federal limited access red crab vessel permit or 
Federal red crab incidental catch permit.
    (2) Possession and landing. (i) Fish for, catch, possess, transport, 
land, sell, trade, or barter; or attempt to fish for, catch, possess, 
transport, land, sell, trade, or barter; red crab in excess of the 
limits specified in Sec. 648.263.
    (ii) Restriction on female red crabs. Fish for, catch, possess, 
transport, land, sell, trade, or barter; or attempt to fish for, catch, 
possess, transport, land, sell, trade, or barter; female red crabs in 
excess of one standard U.S. fish tote.
    (3) Transfer and purchase. (i) Transfer at sea, or attempt to 
transfer at sea, either directly or indirectly, any red crab or red crab 
parts taken in or from the EEZ portion of the red crab management unit 
to any vessel.
    (ii) Purchase, possess, or receive; or attempt to purchase, possess, 
or receive; more than 500 lb (226.8 kg) of whole red crab, or its 
equivalent in weight in accordance with the conversion provisions in 
Sec. 648.263(a)(2), caught or possessed in the EEZ portion of the red 
crab management unit by a vessel without a valid Federal limited access 
red crab permit.
    (iii) Purchase, possess, or receive; or attempt to purchase, 
possess, or receive; up to 500 lb (226.8 kg) of whole red crab, or its 
equivalent in weight in accordance with the conversion provisions in 
Sec. 648.263(a)(2), caught in the EEZ portion of the Red Crab 
Management Unit by a vessel that has not been issued a valid limited 
access red crab permit or red crab incidental catch permit under this 
subpart.
    (4) DAS. (i) Possess, transport, land, sell, trade, or barter; or 
attempt to possess, transport, land, sell, trade, or barter; while 
fishing under a red crab DAS, more than 500 lb (226.8 kg) of whole red 
crab, or its equivalent in weight in accordance with the conversion 
provisions in Sec. 648.263(a)(2), per fishing trip, in or from the Red 
Crab Management Unit, unless in possession of a valid Federal limited 
access red crab vessel permit.
    (ii) Fish for, catch, possess, transport, land, sell, trade, or 
barter; or attempt to possess, transport, land, sell, trade, or barter; 
red crab in or from the Red Crab Management Unit if the vessel has 
declared out of the fishery prior to the start of the fishing year.
    (5) Prohibitions on processing and mutilation. (i) Retain, possess, 
or land red crab claws and legs separate from crab bodies in excess of 
one standard U.S. fish tote, if fishing under a red crab DAS with a 
valid Federal limited access red crab permit.
    (ii) Retain, possess, or land any red crab claws and legs separate 
from crab bodies if the vessel has not been issued a valid Federal 
limited access red crab permit or has been issued a valid Federal 
limited access red crab permit, but is not fishing under a red crab DAS.
    (iii) Retain, possess, or land more than two claws and eight legs 
per crab if the vessel has been issued a valid Federal red crab 
incidental catch permit, or has been issued a valid Federal limited 
access red crab permit and is not fishing under a red crab DAS.
    (iv) Possess or land red crabs that have been fully processed at 
sea, i.e., engage in any activity that removes meat from any part of a 
red crab, unless a preponderance of available evidence shows that the 
vessel fished exclusively in state waters and was not issued a valid 
Federal permit.
    (6) Gear requirements. Fail to comply with any gear requirements or 
restrictions specified at Sec. 648.264.
    (7) Presumption. For purposes of this part, the following 
presumption applies: All red crab retained or possessed on a vessel 
issued any permit under Sec. 648.4 are deemed to have been harvested in 
or from the Red Crab Management Unit, unless the preponderance of all 
submitted evidence demonstrates that such red crab were harvested by a 
vessel fishing exclusively outside of the Red Crab Management Unit or in 
state waters.

[[Page 479]]

    (u) Golden tilefish. It is unlawful for any person owning or 
operating a vessel to do any of the following:
    (1) Permit requirements--(i) Operator permit. Operate, or act as an 
operator of, a vessel with a tilefish permit, or a vessel fishing for or 
possessing tilefish in or from the Tilefish Management Unit, unless the 
operator has been issued, and is in possession of, a valid operator 
permit.
    (ii) Dealer permit. Purchase, possess, receive for a commercial 
purpose; or attempt to purchase, possess, or receive for a commercial 
purpose; as a dealer, or in the capacity of a dealer, tilefish that were 
harvested in or from the Tilefish Management Unit, without having been 
issued, and in possession of, a valid tilefish dealer permit.
    (iii) Vessel permit. Sell, barter, trade, or otherwise transfer from 
a vessel; or attempt to sell, barter, trade, or otherwise transfer from 
a vessel; for a commercial purpose, other than solely for transport on 
land, any tilefish, unless the vessel has been issued a tilefish permit, 
or unless the tilefish were harvested by a vessel without a tilefish 
permit that fished exclusively in state waters.
    (2) Possession and landing. (i) Fish for, possess, retain, or land 
tilefish, unless:
    (A) The tilefish are being fished for or were harvested in or from 
the Tilefish Management Unit by a vessel holding a valid tilefish permit 
under this part, and the operator on board such vessel has been issued 
an operator permit that is on board the vessel.
    (B) The tilefish were harvested by a vessel that has not been issued 
a tilefish permit and that was fishing exclusively in state waters.
    (C) The tilefish were harvested in or from the Tilefish Management 
Unit by a vessel engaged in recreational fishing.
    (ii) Possess tilefish harvested in or from the Tilefish Management 
Unit in excess of the trip limit, pursuant to Sec. 648.292, unless the 
vessel holds a valid limited access tilefish permit.
    (iii) Land tilefish harvested in or from the Tilefish Management 
Unit for sale after the effective date of a notification in the Federal 
Register, pursuant to Sec. 648.291, that notifies permit holders in a 
limited access category that the quota for that category is no longer 
available for the respective year.
    (iv) Land tilefish in or from the Tilefish Management Unit, in 
excess of the trip limit pursuant to Sec. 648.292, unless the vessel 
holds a valid limited access tilefish permit.
    (3) Transfer and purchase. Purchase, possess, or receive for a 
commercial purpose, other than solely for transport on land; or attempt 
to purchase, possess, or receive for a commercial purpose, other than 
solely for transport on land; tilefish caught by a vessel without a 
tilefish permit, unless the tilefish were harvested by a vessel without 
a tilefish permit that fished exclusively in state waters.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All tilefish retained or possessed on a vessel 
issued any permit under Sec. 648.4 are deemed to have been harvested in 
or from the Tilefish Management Unit, unless the preponderance of all 
submitted evidence demonstrates that such tilefish were harvested by a 
vessel fishing exclusively in state waters.
    (v) Skates--(1) All persons. It is unlawful for any person to fish 
for, possess, transport, sell or land skates in or from the EEZ portion 
of the skate management unit, unless:
    (i) Onboard a vessel that possesses a valid skate vessel permit.
    (ii) Onboard a Federally permitted lobster vessel (i.e., transfer at 
sea recipient) while in possession of whole skates as bait only less 
than the maximum size specified at Sec. 648.322(b)(2) and in accordance 
with Sec. 648.322(c).
    (2) All Federal permit holders. It is unlawful for any owner or 
operator of a vessel holding a valid Federal permit to do any of the 
following:
    (i) Retain, possess, or land barndoor or thorny skates taken in or 
from the EEZ portion of the skate management unit specified at Sec. 
648.2.
    (ii) Retain, possess, or land smooth skates taken in or from the GOM 
RMA described at Sec. 648.80(a)(1)(i).
    (3) Skate permitted vessel requirements. It is unlawful for any 
owner or operator of a vessel holding a valid Federal skate permit to do 
any of the following:

[[Page 480]]

    (i) Winter skates. Fail to comply with the conditions of the skate 
wing possession and landing limits for winter skates specified at Sec. 
648.322, unless holding a letter of authorization to fish for and land 
skates as bait only at Sec. 648.322(b).
    (ii) Possession and transfer. (A) Transfer at sea, or attempt to 
transfer at sea, to any vessel, any skates taken in or from the EEZ 
portion of the Skate Management Unit, unless in compliance with the 
provisions of Sec. Sec. 648.13(b) and 648.322(b).
    (B) Purchase, possess, trade, barter, or receive; or attempt to 
purchase, possess, trade, barter, or receive; skates caught in the EEZ 
portion of the skate management unit by a vessel that has not been 
issued a valid Federal skate permit under this part.
    (C) Fish for, catch, possess, transport, land, sell, trade, or 
barter; or attempt to fish for, catch, possess, transport, land, sell, 
trade, or barter; whole skates and skate wings in excess of the 
possession limits specified at Sec. 648.322.
    (iii) DAS notification and skate wing possession. Fail to comply 
with the provisions of the DAS notification program specified in 
Sec. Sec. 648.53, 648.82, and 648.92; for the Atlantic sea scallop, NE 
multispecies, and monkfish fisheries, respectively; when issued a valid 
skate permit and fishing under the skate wing possession limits at Sec. 
648.322.
    (iv) SNE Trawl and Gillnet Exemption areas restrictions. Fail to 
comply with the restrictions under the SNE Trawl and Gillnet Exemption 
areas for the NE skate fisheries at Sec. Sec. 648.80(b)(5)(i)(B) and 
648.80(b)(6)(i)(B).
    (4) Presumption. For purposes of this part, the following 
presumption applies: All skates retained or possessed on a vessel are 
deemed to have been harvested in or from the Skate Management Unit, 
unless the preponderance of evidence demonstrates that such skates were 
harvested by a vessel, that has not been issued a Federal skate permit, 
fishing exclusively outside of the EEZ portion of the skate management 
unit or only in state waters.

[74 FR 20535, May 4, 2009]

    Effective Date Notes: 1. At 74 FR 20552, May 4, 2009, Sec. 648.14 
was amended by suspending paragraphs (k)(5)(ix), (k)(5)(vii)(B), 
(k)(9)(i)(A), (k)(9)(ii)(G), (k)(11)(i)(A)(3), (k)(11)(ii), 
(k)(11)(iii)(A), (B), (E), and (F), (k)(11)(iv)(B), (k)(11)(v)(B)(1) and 
(2); (k)(12)(i)(B), (k)(12)(iv), (k)(12)(v)(A) through (F), 
(k)(12)(v)(G)(2) and (3), and (k)(12)(v) (H) through (J), (k)(12)(vi)(A) 
through (D), (k)(12)(vi)(E)(1) and (2), and (k)(12)(vi)(F) through (I), 
(k)(12)(vii)(A)(5)(ii) and (k)(12)(vii)(B)(3), (k)(13)(ii)(B), 
(k)(13)(ii)(D)(1) and (2), (k)(13)(ii)(D)(3)(i) and (ii), and 
(k)(13)(ii)(H); (k)(16)(iii)(A) and (C), and by adding paragraphs 
(k)(5)(vii)(C), (k)(6)(ii)(C), (k)(9)(i)(C) and (D), (k)(11)(i)(A)(5), 
(k)(11)(iii)(G) through (L), (k)(11)(iv)(C), (k)(11)(vii), 
(k)(12)(i)(C), (k)(12)(v)(G)(4), (5), (6), (k)(12)(v)(H)(3) and (4), and 
(k)(12)(v)(K) through (S), (k)(12)(vi)(E)(3), (4), and (k)(12)(vi)(J) 
through (S), (k)(12)(vii)(A)(8), and (k)(12)(vii)(B)(4) and (5), 
(k)(12)(viii), (k)(13)(ii)(D)(5) through (8), (k)(13)(ii)(I) through 
(K), (k)(16)(iii)(D) and (E), and (k)(16)(v) effective May 1, 2009 
through October 28, 2009.
    2. At 74 FR 32468, July 8, 2009, Sec. 648.14 was amended by 
suspending paragraph (k)(13)(ii)(H), effective July 2, 2009 through 
October 28, 2009.

    Effective Date Note: At 74 FR 42598, Aug. 24, 2009, Sec. 648.14 was 
amended by revising paragraph (u), effective November 1, 2009. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 648.14  Prohibitions.

                                * * * * *

    (u) Golden tilefish. It is unlawful for any person owning or 
operating a vessel to do any of the following:
    (1) Permit requirements--(i) Operator permit. Operate, or act as an 
operator of, a vessel with a tilefish permit, or a vessel fishing for or 
possessing tilefish in or from the Tilefish Management Unit, unless the 
operator has been issued, and is in possession of, a valid operator 
permit.
    (ii) Dealer permit. Purchase, possess, receive for a commercial 
purpose; or attempt to purchase, possess, or receive for a commercial 
purpose; as a dealer, or in the capacity of a dealer, tilefish that were 
harvested in or from the Tilefish Management Unit, without having been 
issued, and in possession of, a valid tilefish dealer permit.
    (iii) Vessel permit. Sell, barter, trade, or otherwise transfer from 
a vessel; or attempt to sell, barter, trade, or otherwise transfer from 
a vessel; for a commercial purpose, other than solely for transport on 
land, any tilefish, unless the vessel has been issued a tilefish permit, 
or unless the tilefish were harvested by a vessel without a tilefish 
permit that fished exclusively in State waters.
    (2) Possession and landing. (i) Fish for, possess, retain, or land 
tilefish, unless:

[[Page 481]]

    (A) The tilefish are being fished for or were harvested in or from 
the Tilefish Management Unit by a vessel holding a valid tilefish permit 
under this part, and the operator on board such vessel has been issued 
an operator permit that is on board the vessel.
    (B) The tilefish were harvested by a vessel that has not been issued 
a tilefish permit and that was fishing exclusively in State waters.
    (C) The tilefish were harvested in or from the Tilefish Management 
Unit by a vessel, other than a Party/Charter vessel, that is engaged in 
recreational fishing.
    (ii) Land or possess tilefish harvested in or from the Tilefish 
Management Unit, in excess of the trip limit pursuant to Sec. 648.293, 
without a valid tilefish IFQ Allocation permit, as specified in Sec. 
648.291(a).
    (iii) Land tilefish harvested in or from the Tilefish Management 
Unit in excess of that authorized under a tilefish IFQ Allocation permit 
as described at Sec. 648.291(a).
    (iv) Operate a vessel that takes recreational fishermen for hire to 
fish for tilefish in the Tilefish Management Unit without a valid 
tilefish Charter/Party permit, as required in Sec. 648.4(a)(12)(i).
    (v) Fish for tilefish inside and outside of the Tilefish Management 
Unit on the same trip.
    (vi) Discard tilefish harvested in or from the Tilefish Management 
Unit, as defined in Sec. 648.2, unless participating in recreational 
fishing, as defined in Sec. 648.2, or while fishing subject to a trip 
limit pursuant to Sec. 648.291(d)(3) or Sec. 648.293.
    (3) Transfer and purchase. (i) Purchase, possess, or receive for a 
commercial purpose, other than solely for transport on land; or attempt 
to purchase, possess, or receive for a commercial purpose, other than 
solely for transport on land; tilefish caught by a vessel without a 
tilefish permit, unless the tilefish were harvested by a vessel without 
a tilefish permit that fished exclusively in State waters.
    (ii) Purchase or otherwise receive for commercial purposes tilefish 
caught in the EEZ from outside the Tilefish Management Unit unless 
otherwise permitted under 50 CFR part 622.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All tilefish retained or possessed on a vessel 
issued any permit under Sec. 648.4 are deemed to have been harvested in 
or from the Tilefish Management Unit, unless the preponderance of all 
submitted evidence demonstrates that such tilefish were harvested by a 
vessel fishing exclusively in State waters.

                                * * * * *



Sec. 648.15  Facilitation of enforcement.

    (a) General. See Sec. 600.504 of this chapter.
    (b) Special notification requirements applicable to surfclam and 
ocean quahog vessel owners and operators. (1) Surfclam and ocean quahog 
open access permitted vessels. Vessel owners or operators issued an open 
access surfclam or ocean quahog open access permit for fishing in the 
ITQ Program, as specified at Sec. 648.70, are required to declare their 
intended fishing activity via VMS prior to leaving port.
    (2) Maine mahogany quahog limited access permitted vessels. 
Beginning January 1, 2009, vessel owners or operators issued a limited 
access Maine mahogany quahog permit for fishing for Maine mahogany 
quahogs in the Maine mahogany quahog zone, as specified at Sec. 648.76, 
are required to declare via VMS, prior to leaving port, and entering the 
Maine mahogany quahog zone, their intended fishing activity, unless 
otherwise exempted under paragraph Sec. 648.4(a)(4)(ii)(B)(1).
    (3) Declaration out of surfclam and ocean quahog fisheries. Owners 
or operators that are transiting between ports or fishing in a fishery 
other than surfclams and ocean quahogs must either declare out of 
fisheries or declare the appropriate fishery, if required, via the VMS 
unit, before leaving port. The owner or operator discontinuing a fishing 
trip in the EEZ or Maine mahogany quahog zone must return to port and 
offload any surfclams or ocean quahogs prior to commencing fishing 
operations in the waters under the jurisdiction of any state.
    (4) Inspection by authorized officer. The vessel permits, the 
vessel, its gear, and catch shall be subject to inspection upon request 
by an authorized officer.
    (5) Authorization for use of fishing trip notification via 
telephone. The Regional Administrator may authorize or require the 
notification of surfclam or ocean quahog fishing trip information via a 
telephone call to the NMFS Office of Law Enforcement nearest to the 
point of offloading, instead of the use of VMS. If authorized, the 
vessel owner or operator must accurately provide the following 
information prior to departure of his/her vessel from the dock to fish 
for surfclams or ocean quahogs

[[Page 482]]

in the EEZ: Name of the vessel; NMFS permit number assigned to the 
vessel; expected date and time of departure from port; whether the trip 
will be directed on surfclams or ocean quahogs; expected date, time, and 
location of landing; and name of individual providing notice. If use of 
a telephone call-in notification is authorized or required, the Regional 
Administrator shall notify affected permit holders through a letter, 
notification in the Federal Register, e-mail, or other appropriate 
means.
    (c) Radio hails. Permit holders, while underway, must be alert for 
communication conveying enforcement instructions and immediately answer 
via VHF-FM radio, channel 16 when hailed by an authorized officer. 
Vessels not required to have VHF-FM radios by the Coast Guard are exempt 
from this requirement.
    (d) Retention of haddock by herring dealers and processors. (1) 
Federally permitted herring dealers and processors, including at-sea 
processors, that cull or separate out from the herring catch all fish 
other than herring in the course of normal operations, must separate out 
and retain all haddock offloaded from vessels that have an All Areas 
Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access 
Herring Permit. Such haddock may not be sold, purchased, received, 
traded, bartered, or transferred, and must be retained, after they have 
been separated, for at least 12 hr for dealers and processors on land, 
and for 12 hr after landing by at-sea processors. The dealer or 
processor, including at-sea processors, must clearly indicate the vessel 
that landed the retained haddock or transferred the retained haddock to 
an at-sea processor. Law enforcement officials must be given access to 
inspect the haddock.
    (2) All haddock separated out and retained is subject to reporting 
requirements specified at Sec. 648.7.
    (e) Retention of haddock by limited access herring vessels. Vessels 
that have an All Areas Limited Access Herring Permit and/or an Areas 2 
and 3 Limited Access Herring Permit may not discard any haddock that has 
been brought on the deck or pumped into the hold.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 63 
FR 27485, May 19, 1998; 71 FR 46875, Aug. 15, 2006; 72 FR 11276, Mar. 
12, 2007; 72 FR 51703, Sept. 11, 2007]



Sec. 648.16  Penalties.

    See Sec. 600.735.



Sec. 648.17  Exemptions for vessels fishing in the NAFO Regulatory Area.

    (a) Fisheries included under exemption--(1) NE multispecies. A 
vessel issued a valid High Seas Fishing Compliance Permit under part 300 
of this title and that complies with the requirements specified in 
paragraph (b) of this section, is exempt from NE multispecies permit, 
mesh size, effort-control, and possession limit restrictions, specified 
in Sec. Sec. 648.4, 648.80, 648.82 and 648.86, respectively, while 
transiting the EEZ with NE multispecies on board the vessel, or landing 
NE multispecies in U.S. ports that were caught while fishing in the NAFO 
Regulatory Area.
    (2) Monkfish. A vessel issued a valid High Seas Fishing Compliance 
Permit under part 300 of this title and that complies with the 
requirements specified in paragraph (b) of this section is exempt from 
monkfish permit, mesh size, effort-control, and possession limit 
restrictions, specified in Sec. Sec. 648.4, 648.91, 648.92 and 648.94, 
respectively, while transiting the EEZ with monkfish on board the 
vessel, or landing monkfish in U.S. ports that were caught while fishing 
in the NAFO Regulatory Area.
    (b) General requirements. (1) The vessel operator has a valid letter 
of authorization issued by the Regional Administrator on board the 
vessel;
    (2) For the duration of the trip, the vessel fishes, except for 
transiting purposes, exclusively in the NAFO Regulatory Area and does 
not harvest fish in, or possess fish harvested in, or from, the EEZ;
    (3) When transiting the EEZ, all gear is properly stowed in 
accordance with one of the applicable methods specified in Sec. 
648.23(b); and

[[Page 483]]

    (4) The vessel operator complies with the High Seas Fishing 
Compliance Permit and all NAFO conservation and enforcement measures 
while fishing in the NAFO Regulatory Area.

[70 FR 21942, Apr. 28, 2005]



Sec. 648.18  Standardized bycatch reporting methodology.

    NMFS shall comply with the Standardized Bycatch Reporting 
Methodology (SBRM) provisions established in the following fishery 
management plans: Atlantic Bluefish; Atlantic Herring; Atlantic Salmon; 
Deep-Sea Red Crab; Mackerel, Squid, and Butterfish; Monkfish; Northeast 
Multispecies; Northeast Skate Complex; Sea Scallop; Spiny Dogfish; 
Summer Flounder, Scup, and Black Sea Bass; Surfclam and Ocean Quahog; 
and Tilefish.

[73 FR 4753, Jan. 28, 2008]



  Subpart B_Management Measures for the Atlantic Mackerel, Squid, and 
                          Butterfish Fisheries



Sec. 648.20  Maximum optimum yield (OYs).

    The OYs specified pursuant to Sec. 648.21 during a fishing year may 
not exceed the following amounts:
    (a) Mackerel--that quantity of mackerel that is less than or equal 
to the allowable biological catch (ABC) in U.S. waters specified 
pursuant to Sec. 648.21.
    (b) Loligo-the catch associated with a fishing mortality rate of 
FThreshold.
    (c) Illex--catch associated with a fishing mortality rate of 
FMSY.
    (d) Butterfish--the catch associated with a fishing mortality rate 
of FMSY.

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997; 64 
FR 57593, Oct. 26, 1999; 73 FR 37388, July 1, 2008]



Sec. 648.21  Procedures for determining initial annual amounts.

    (a) Initial recommended annual specifications. The Atlantic 
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring 
Committee) shall meet annually to develop and recommend the following 
specifications for consideration by the Mackerel, Squid, and Butterfish 
Committee of the MAFMC:
    (1) Initial OY (IOY), including research quota (RQ), domestic annual 
harvest (DAH), and domestic annual processing (DAP) for Illex squid, 
which, subject to annual review, may be specified for a period of up to 
3 years;
    (2) IOY, including RQ, DAH, DAP, and bycatch level of the total 
allowable level of foreign fishing (TALFF), if any, for butterfish, 
which, subject to annual review, may be specified for a period of up to 
3 years;
    (3) IOY, including RQ, DAH, DAP, joint venture processing (JVP), if 
any, and TALFF, if any, for mackerel, which, subject to annual review, 
may be specified for a period of up to 3 years. The Monitoring Committee 
may also recommend that certain ratios of TALFF, if any, for mackerel to 
purchases of domestic harvested fish and/or domestic processed fish be 
established in relation to the initial annual amounts.
    (4) Initial OY (IOY), including research quota (RQ), domestic annual 
harvest (DAH), and domestic annual processing (DAP) for Loligo squid, 
which, subject to annual review, may be specified for a period of up to 
3 years; and
    (5) Inseason adjustment, upward or downward, to the specifications 
for Loligo squid as specified in paragraph (e) of this section.
    (b) Guidelines. As the basis for its recommendations under paragraph 
(a) of this section, the Monitoring Committee shall review available 
data pertaining to: Commercial, recreational, and research project 
landings; discards; current estimates of fishing mortality; stock 
status; the most recent estimates of recruitment; virtual population 
analysis results; levels of noncompliance by harvesters or individual 
states; impact of size/mesh regulations; results of a survey of domestic 
processors and joint venture operators of estimated mackerel processing 
capacity and intent to use that capacity; results of a survey of 
fishermen's trade associations of estimated mackerel harvesting capacity 
and intent to use that capacity; and any other relevant information. The 
specifications recommended pursuant to paragraph (a) of this section 
must be consistent with the following:

[[Page 484]]

    (1) Loligo and/or Illex Squid. (i) The ABC for any fishing year must 
be either the maximum OY specified in Sec. 648.20, or a lower amount, 
if stock assessments indicate that the potential yield is less than the 
maximum OY.
    (ii) IOY is a modification of ABC based on social and economic 
factors. The IOY is composed of a RQ and DAH. RQ will be based on 
requests for research quota as described in paragraph (g) of this 
section. DAH will be set after deduction for RQ, if applicable.
    (2) Mackerel. (i) Mackerel ABC must be calculated using the formula 
ABC = T - C, where C is the estimated catch of mackerel in Canadian 
waters for the upcoming fishing year and T is the catch associated with 
a fishing mortality rate that is equal to Ftarget at 
BMSY or greater and decreases linearly to zero at 1/2 
BMSY or below. Values for Ftarget and 
BMSY are as calculated in the most recent stock assessment.
    (ii) IOY is a modification of ABC, based on social and economic 
factors, and must be less than or equal to ABC.
    (iii) IOY is composed of RQ, DAH, and TALFF. RQ will be based on 
requests for research quota as described in paragraph (g) of this 
section. DAH, DAP, and JVP will be set after deduction for RQ, if 
applicable, and must be projected by reviewing data from sources 
specified in paragraph (b) of this section and other relevant data, 
including past domestic landings, projected amounts of mackerel 
necessary for domestic processing and for joint ventures during the 
fishing year, projected recreational landings, and other data pertinent 
for such a projection. The JVP component of DAH is the portion of DAH 
that domestic processors either cannot or will not use. In addition, IOY 
is based on the criteria set forth in the Magnuson-Stevens Act, 
specifically section 201(e), and on the following economic factors:
    (A) Total world export potential of mackerel producing countries.
    (B) Total world import demand of mackerel consuming countries.
    (C) U.S. export potential based on expected U.S. harvests, expected 
U.S. consumption, relative prices, exchange rates, and foreign trade 
barriers.
    (D) Increased/decreased revenues to the United States from foreign 
fees.
    (E) Increased/decreased revenues to U.S. harvesters (with/without 
joint ventures).
    (F) Increased/decreased revenues to U.S. processors and exporters.
    (G) Increases/decreases in U.S. harvesting productivity due to 
decreases/increases in foreign harvest.
    (H) Increases/decreases in U.S. processing productivity.
    (I) Potential impact of increased/decreased TALFF on foreign 
purchases of U.S. products and services and U.S.-caught fish, changes in 
trade barriers, technology transfer, and other considerations.
    (3) Butterfish. (i) If the Monitoring Committee's review indicates 
that the stock cannot support a level of harvest equal to the maximum 
OY, the Monitoring Committee shall recommend establishing an ABC less 
than the maximum OY for the fishing year. This level represents the 
modification of maximum OY to reflect biological and ecological factors. 
If the stock is able to support a harvest level equivalent to the 
maximum OY, the ABC must be set at that level.
    (ii) IOY is a modification of ABC based on social and economic 
factors. The IOY is composed of a RQ, DAH, and bycatch TALFF that is 
equal to 0.08 percent of the allocated portion of the mackerel TALFF. RQ 
will be based on requests for research quota as described in paragraph 
(g) of this section. DAH and bycatch TALFF will be set after deduction 
for RQ, if applicable.
    (c) Recommended measures. Based on the review of the data described 
in paragraph (b) of this section and requests for research quota as 
described in paragraph (g) of this section, the Monitoring Committee 
will recommend to the Squid, Mackerel, and Butterfish Committee the 
measures from the following list that it determines are necessary to 
ensure that the specifications are not exceeded:
    (1) Research quotas set from a range of 0 to 3 percent of IOY.
    (2) Commercial quotas, set after reductions for research quotas.
    (3) The amount of Loligo, Illex, and butterfish that may be 
retained, possessed and landed by vessels issued the incidental catch 
permit specified in Sec. 648.4(a)(5)(ii).

[[Page 485]]

    (4) Commercial minimum fish sizes.
    (5) Commercial trip limits.
    (6) Commercial seasonal quotas/closures for Loligo and Illex.
    (7) Minimum mesh sizes.
    (8) Commercial gear restrictions.
    (9) Recreational harvest limit, set after reductions for research 
quotas.
    (10) Recreational minimum fish size.
    (11) Recreational possession limits.
    (12) Recreational season.
    (13) Changes, as appropriate, to the Northeast Region SBRM, 
including the coefficient of variation (CV) based performance standard, 
fishery stratification, and/or reports.
    (d) Annual fishing measures. (1) The Squid, Mackerel, and Butterfish 
Committee will review the recommendations of the Monitoring Committee. 
Based on these recommendations and any public comment received thereon, 
the Squid, Mackerel, and Butterfish Committee must recommend to the 
MAFMC appropriate specifications and any measures necessary to assure 
that the specifications will not be exceeded. The MAFMC will review 
these recommendations and, based on the recommendations and any public 
comment received thereon, must recommend to the Regional Administrator 
appropriate specifications and any measures necessary to assure that the 
specifications will not be exceeded. The MAFMC[min]s recommendations 
must include supporting documentation, as appropriate, concerning the 
environmental, economic, and social impacts of the recommendations. The 
Regional Administrator will review the recommendations and will publish 
notification in the Federal Register proposing specifications and any 
measures necessary to assure that the specifications will not be 
exceeded and providing a 30-day public comment period. If the proposed 
specifications differ from those recommended by the MAFMC, the reasons 
for any differences must be clearly stated and the revised 
specifications must satisfy the criteria set forth in this section. The 
MAFMC's recommendations will be available for inspection at the office 
of the Regional Administrator during the public comment period. If the 
annual specifications for squid, mackerel, and butterfish are not 
published in the Federal Register prior to the start of the fishing 
year, the previous year[min]s annual specifications, excluding 
specifications of TALFF, will remain in effect. The previous year[min]s 
specifications will be superceded as of the effective date of the final 
rule implementing the current year[min]s annual specifications.
    (2) The Assistant Administrator will make a final determination 
concerning the specifications for each species and any measures 
necessary to assure that the specifications contained in the Federal 
Register notification will not be exceeded. After the Assistant 
Administrator considers all relevant data and any public comments, 
notification of the final specifications and any measures necessary to 
assure that the specifications will not be exceeded and responses to the 
public comments will be published in the Federal Register. If the final 
specification amounts differ from those recommended by the MAFMC, the 
reason(s) for the difference(s) must be clearly stated and the revised 
specifications must be consistent with the criteria set forth in 
paragraph (b) of this section.
    (e) Inseason adjustments. The specifications established pursuant to 
this section may be adjusted by the Regional Administrator, in 
consultation with the MAFMC, during the fishing year by publishing 
notification in the Federal Register stating the reasons for such an 
action and providing a 30-day public comment period.
    (f) Distribution of annual Loligo squid commercial quota. (1) A 
commercial quota will be allocated annually for Loligo squid into 
trimester periods, based on the following percentages:

------------------------------------------------------------------------
                        Trimester                             Percent
------------------------------------------------------------------------
I. January-April                                                    43.0
II. May-August                                                      17.0
III. September-October                                              40.0
------------------------------------------------------------------------

    (2) Any underages of commercial period quota for Trimester I and II 
will be applied to Trimester III of the same year, and any overages of 
commercial quota for Trimesters I and II will be subtracted from 
Trimester III of the same year.
    (g) Research quota. Prior to the Council's quota-setting meetings:

[[Page 486]]

    (1) NMFS will publish a Request for Proposals (RFP) in the Federal 
Register, consistent with procedures and requirements established by the 
NOAA Grants Office, to solicit proposals from industry for the upcoming 
fishing year, based on research priorities identified by the Council.
    (2) NMFS will convene a review panel including the Council's 
Comprehensive Management Committee, as well as technical experts, to 
review proposals submitted in response to the RFP.
    (i) Each panel member will recommend which research proposals should 
be authorized to utilize research quota, based on the selection criteria 
described in the RFP.
    (ii) The NEFSC Director and the NOAA Grants Office will consider 
each panel member's recommendation, provide final approval of the 
projects and the Regional Administrator may, when appropriate, exempt 
selected vessel(s) from regulations specified in each of the respective 
FMPs through written notification to the project proponent.
    (3) The grant awards approved under the RFPs will be for the 
upcoming fishing year. Proposals to fund research that would start prior 
to, or that would end after the fishing year, will not be eligible for 
consideration. All research and/or compensation trips will have to be 
completed within the fishing year for which the research grant was 
awarded.
    (4) Research projects will be conducted in accordance with 
provisions approved and provided in an Exempted Fishing Permit (EFP) 
issued by the Regional Administrator.
    (5) If a proposal is disapproved by the NEFSC Director or the NOAA 
Grants Office, or if the Regional Administrator determines that the 
allocated research quota cannot be utilized by a project, the Regional 
Administrator shall reallocate the unallocated or unused amount of 
research quota to the respective commercial and recreational fisheries 
by publication of a notice in the Federal Register in compliance with 
the Administrative Procedure Act, provided:
    (i) The reallocation of the unallocated or unused amount of research 
quota is in accord with National Standard 1, and can be available for 
harvest before the end of the fishing year for which the research quota 
is specified; and
    (ii) Any reallocation of unallocated or unused research quota shall 
be consistent with the proportional division of quota between the 
commercial and recreational fisheries in the relevant FMP and allocated 
to the remaining quota periods for the fishing year proportionally.
    (6) Vessels participating in approved research projects may be 
exempted from certain management measures by the Regional Administrator, 
provided that one of the following analyses of the impacts associated 
with the exemptions is provided:
    (i) The analysis of the impacts of the requested exemptions is 
included as part of the annual quota specification packages submitted by 
the Council; or
    (ii) For proposals that require exemptions that extend beyond the 
scope of the analysis provided by the Council, applicants may be 
required to provide additional analysis of impacts of the exemptions 
before issuance of an EFP will be considered, as specified in the EFP 
regulations at Sec. 648.745(b).

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997; 64 
FR 57593, Oct. 26, 1999; 65 FR 16345, Mar. 28, 2000; 65 FR 55927, Sept. 
15, 2000; 66 FR 13028, Mar. 2, 2001; 66 FR 35566, July 6, 2001; 66 FR 
42159, Aug. 10, 2001; 67 FR 3627, Jan. 25, 2002; 67 FR 44394, July 2, 
2002; 68 FR 60, Jan. 2, 2003; 69 FR 16178, Mar. 29, 2004; 71 FR 63270, 
Oct. 30, 2006; 72 FR 4216, Jan. 30, 2007; 72 FR 8632, Feb. 27, 2007; 73 
FR 4753, Jan. 28, 2008; 73 FR 37388, July 1, 2008]



Sec. 648.22  Closure of the fishery.

    (a) Closing procedures. (1) NMFS shall close the directed mackerel 
fishery in the EEZ when the Regional Administrator projects that 90 
percent of the mackerel DAH is harvested, if such a closure is necessary 
to prevent the DAH from being exceeded. The closure of the directed 
fishery shall be in effect for the remainder of that fishing period, 
with incidental catches allowed as specified at Sec. 648.25. When the 
Regional Administrator projects that the DAH for mackerel shall be 
landed, NMFS shall close the mackerel fishery in the EEZ and the 
incidental catches specified for mackerel at Sec. 648.25 will be 
prohibited.

[[Page 487]]

    (2) NMFS shall close the directed fishery in the EEZ for Loligo when 
the Regional Administrator projects that 90 percent of the Loligo quota 
is harvested in Trimesters I and II, and when 95 percent of the Loligo 
DAH has been harvested in Trimester III. The closure of the directed 
fishery shall be in effect for the remainder of that fishing period, 
with incidental catches allowed as specified at Sec. 648.25.
    (3) NMFS shall close the directed Illex fishery in the EEZ when the 
Regional Administrator projects that 95 percent of the Illex DAH is 
harvested. The closure of the directed fishery shall be in effect for 
the remainder of that fishing period, with incidental catches allowed as 
specified at Sec. 648.25.
    (4) NMFS shall close the directed butterfish fishery in the EEZ when 
the Regional Administrator projects that 80 percent of the butterfish 
DAH is harvested. The closure of the directed fishery shall be in effect 
for the remainder of that fishing period, with incidental catches 
allowed as specified at Sec. 648.25.
    (b) Notification. Upon determining that a closure is necessary, the 
Assistant Administrator will notify, in advance of the closure, the 
Executive Directors of the MAFMC, NEFMC, and SAFMC; mail notification of 
the closure to all holders of mackerel, squid, and butterfish fishery 
permits at least 72 hours before the effective date of the closure; 
provide adequate notice of the closure to recreational participants in 
the fishery; and publish notification of closure in the Federal 
Register.

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997; 65 
FR 16345, Mar. 28, 2000; 65 FR 81765, Dec. 27, 2000; 66 FR 13028, Mar. 
2, 2001; 69 FR 4864, Feb. 2, 2004; 72 FR 4217, Jan. 30, 2007; 72 FR 
8632, Feb. 27, 2007; 73 FR 18449, Apr. 4, 2008]

    Editorial Note: At 72 FR 4217, Jan. 30, 2007, Sec. 648.22(d)--was 
added; however, the amendment could not be incorporated because the text 
was not provided.



Sec. 648.23  Gear restrictions.

    (a) Mesh restrictions and exemptions. (1) Vessels subject to the 
mesh restrictions outlined in this paragraph (a) may not have available 
for immediate use any net, or any piece of net, with a mesh size smaller 
than that required.
    (2) Owners or operators of otter trawl vessels possessing 1,000 lb 
(0.45 mt) or more of butterfish harvested in or from the EEZ may only 
fish with nets having a minimum codend mesh of 3 inches (76 mm) diamond 
mesh, inside stretch measure, applied throughout the codend for at least 
100 continuous meshes forward of the terminus of the net, or for codends 
with less than 100 meshes, the minimum mesh size codend shall be a 
minimum of one-third of the net, measured from the terminus of the 
codend to the headrope.
    (3) Owners or operators of otter trawl vessels possessing Loligo 
harvested in or from the EEZ may only fish with nets having a minimum 
mesh size of 1\7/8\ inches (48 mm) diamond mesh, inside stretch measure, 
applied throughout the codend for at least 150 continuous meshes forward 
of the terminus of the net, or for codends with less than 150 meshes, 
the minimum mesh size codend shall be a minimum of one-third of the net 
measured from the terminus of the codend to the headrope, unless they 
are fishing consistent with exceptions specified in paragraph (b) of 
this section.
    (i) Net obstruction or constriction. Owners or operators of otter 
trawl vessels fishing for and/or possessing Loligo shall not use any 
device, gear, or material, including, but not limited to, nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of the 
regulated portion of a trawl net that results in an effective mesh 
opening of less than 1\7/8\ inches (48 mm) diamond mesh, inside stretch 
measure. ``Top of the regulated portion of the net'' means the 50 
percent of the entire regulated portion of the net that would not be in 
contact with the ocean bottom if, during a tow, the regulated portion of 
the net were laid flat on the ocean floor. However, owners or operators 
of otter trawl vessels fishing for and/or possessing Loligo may use net 
strengtheners (covers), splitting straps, and/or bull ropes or wire 
around the entire circumference of the codend, provided they do not have 
a mesh opening of less than 4\1/2\ inches (11.43 cm) diamond mesh, 
inside stretch measure. For the purpose of this requirement, head ropes 
are not to

[[Page 488]]

be considered part of the top of the regulated portion of a trawl net.
    (ii) Illex fishery. Owners or operators of otter trawl vessels 
possessing Loligo harvested in or from the EEZ and fishing during the 
months of June, July, August, and September for Illex seaward of the 
following coordinates (copies of a map depicting this area are available 
from the Regional Administrator upon request) are exempt from the Loligo 
gear requirements specified at paragraph (a)(3) of this section, 
provided they do not have available for immediate use, as defined in 
paragraph (b) of this section, any net, or any piece of net, with a mesh 
size less than 1\7/8\ inches (48 mm) diamond mesh or any net, or any 
piece of net, with mesh that is rigged in a manner that is prohibited by 
paragraph (a)(3) of this section, when the vessel is landward of the 
specified coordinates.

------------------------------------------------------------------------
              Point                      N. Lat.            W. Long.
------------------------------------------------------------------------
M1...............................  43[deg]58.0[min]    67[deg]22.0[min]
M2...............................  43[deg]50.0[min]    68[deg]35.0[min]
M3...............................  43[deg]30.0[min]    69[deg]40.0[min]
M4...............................  43[deg]20.0[min]    70[deg]00.0[min]
M5...............................  42[deg]45.0[min]    70[deg]10.0[min]
M6...............................  42[deg]13.0[min]    69[deg]55.0[min]
M7...............................  41[deg]00.0[min]    69[deg]00.0[min]
M8...............................  41[deg]45.0[min]    68[deg]15.0[min]
M9...............................  42[deg]10.0[min]    67[deg]10.0[min]
M10..............................  41[deg]18.6[min]    66[deg]24.8[min]
M11..............................  40[deg]55.5[min]    66[deg]38.0[min]
M12..............................  40[deg]45.5[min]    68[deg]00.0[min]
M13..............................  40[deg]37.0[min]    68[deg]00.0[min]
M14..............................  40[deg]30.0[min]    69[deg]00.0[min]
M15..............................  40[deg]22.7[min]    69[deg]00.0[min]
M16..............................  40[deg]18.7[min]    69[deg]40.0[min]
M17..............................  40[deg]21.0[min]    71[deg]03.0[min]
M18..............................  39[deg]41.0[min]    72[deg]32.0[min]
M19..............................  38[deg]47.0[min]    73[deg]11.0[min]
M20..............................  38[deg]04.0[min]    74[deg]06.0[min]
M21..............................  37[deg]08.0[min]    74[deg]46.0[min]
M22..............................  36[deg]00.0[min]    74[deg]52.0[min]
M23..............................  35[deg]45.0[min]    74[deg]53.0[min]
M24..............................  35[deg]28.0[min]    74[deg]52.0[min]
------------------------------------------------------------------------

    (4) Mackerel, squid, and butterfish bottom trawling restricted 
areas. (i) Oceanographer Canyon. No permitted mackerel, squid, or 
butterfish vessel may fish with bottom trawl gear in the Oceanographer 
Canyon or be in the Oceanographer Canyon unless transiting. Vessels may 
transit this area provided the bottom trawl gear is stowed in accordance 
with the provisions of paragraph (b) of this section. Oceanographer 
Canyon is defined by straight lines connecting the following points in 
the order stated (copies of a chart depicting this area are available 
from the Regional Administrator upon request):

                          Oceanographer Canyon
------------------------------------------------------------------------
                  Point                        N. Lat.        W. Long.
------------------------------------------------------------------------
OC1                                       40[deg]10.0[min]  68[deg]12.0[
                                                                   min]
OC2                                       40[deg]24.0[min]  68[deg]09.0[
                                                                   min]
OC3                                       40[deg]24.0[min]  68[deg]08.0[
                                                                   min]
OC4                                       40[deg]10.0[min]  67[deg]59.0[
                                                                   min]
OC1                                       40[deg]10.0[min]  68[deg]12.0[
                                                                   min]
------------------------------------------------------------------------

    (ii) Lydonia Canyon. No permitted mackerel, squid, or butterfish 
vessel may fish with bottom trawl gear in the Lydonia Canyon or be in 
the Lydonia Canyon unless transiting. Vessels may transit this area 
provided the bottom trawl gear is stowed in accordance with the 
provisions of paragraph (b) of this section. Lydonia Canyon is defined 
by straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

                             Lydonia Canyon
------------------------------------------------------------------------
                  Point                        N. Lat.        W. Long.
------------------------------------------------------------------------
LC1                                       40[deg]16.0[min]  67[deg]34.0[
                                                                   min]
LC2                                       40[deg]16.0[min]  67[deg]42.0[
                                                                   min]
LC3                                       40[deg]20.0[min]  67[deg]43.0[
                                                                   min]
LC4                                       40[deg]27.0[min]  67[deg]40.0[
                                                                   min]
LC5                                       40[deg]27.0[min]  67[deg]38.0[
                                                                   min]
LC1                                       40[deg]16.0[min]  67[deg]34.0[
                                                                   min]
------------------------------------------------------------------------

    (b) Definition of ``not available for immediate use.'' Gear that is 
shown not to have been in recent use and that is stowed in conformance 
with one of the following methods is considered to be not available for 
immediate use:
    (1) Nets. (i) Below deck stowage. (A) It is stored below the main 
working deck from which it is deployed and retrieved;
    (B) The towing wires, including the leg wires, are detached from the 
net; and
    (C) It is fan-folded (flaked) and bound around its circumference.
    (ii) On-deck stowage. (A) It is fan-folded (flaked) and bound around 
its circumference;
    (B) It is securely fastened to the deck or rail of the vessel; and
    (C) The towing wires, including the leg wires, are detached from the 
net.
    (iii) On-reel stowage. (A) The net is on a reel, its entire surface 
is covered with

[[Page 489]]

canvas or other similar opaque material, and the canvas or other 
material is securely bound;
    (B) The towing wires are detached from the net; and
    (C) The codend is removed and stored below deck.
    (iv) On-reel stowage for vessels transiting the Gulf of Maine 
Rolling Closure Areas, the Georges Bank Seasonal Area Closure, and the 
Conditional Gulf of Maine Rolling Closure Area. (A) The net is on a 
reel, its entire surface is covered with canvas or other similar opaque 
material, and the canvas or other material is securely bound;
    (B) The towing wires are detached from the doors; and
    (C) No containment rope, codend tripping device, or other mechanism 
to close off the codend is attached to the codend.
    (2) Scallop dredges. (i) The towing wire is detached from the 
scallop dredge, the towing wire is completely reeled up onto the winch, 
the dredge is secured and the dredge or the winch is covered so that it 
is rendered unuseable for fishing; or
    (ii) The towing wire is detached from the dredge and attached to a 
bright-colored poly ball no less than 24 inches (60.9 cm) in diameter, 
with the towing wire left in its normal operating position (through the 
various blocks) and either is wound back to the first block (in the 
gallows) or is suspended at the end of the lifting block where its 
retrieval does not present a hazard to the crew and where it is readily 
visible from above.
    (3) Hook gear (other than pelagic). All anchors and buoys are 
secured and all hook gear, including jigging machines, is covered.
    (4) Sink gillnet gear. All nets are covered with canvas or other 
similar material and lashed or otherwise securely fastened to the deck 
or rail, and all buoys larger than 6 inches (15.24 cm) in diameter, high 
flyers, and anchors are disconnected.
    (5) Other methods of stowage. Any other method of stowage authorized 
in writing by the Regional Administrator and subsequently published in 
the Federal Register.
    (c) Mesh obstruction or constriction. The owner or operator of a 
fishing vessel shall not use any mesh construction, mesh configuration 
or other means that effectively decreases the mesh size below the 
minimum mesh size, except that a liner may be used to close the opening 
created by the rings in the aftermost portion of the net, provided the 
liner extends no more than 10 meshes forward of the aftermost portion of 
the net. The inside webbing of the codend shall be the same 
circumference or less than the outside webbing (strengthener). In 
addition, the inside webbing shall not be more than 2 ft (61 cm) longer 
than the outside webbing.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 63 
FR 1774, Jan. 12, 1998; 64 FR 24073, May 5, 1999; 65 FR 16345, Mar. 28, 
2000; 65 FR 37911, June 19, 2000; 68 FR 9586, Feb. 28, 2003; 69 FR 
22951, Apr. 27, 2004; 71 FR 63270, Oct. 30, 2006; 73 FR 18449, Apr. 4, 
2008; 73 FR 37388, July 1, 2008]



Sec. 648.24  Framework adjustments to management measures.

    (a) Within season management action. The Council, at any time, may 
initiate action to add or adjust management measures within the Atlantic 
Mackerel, Squid, and Butterfish FMP if it finds that action is necessary 
to meet or be consistent with the goals and objectives of the plan.
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of the 
availability of the recommendation(s), appropriate justification(s) and 
economic and biological analyses, and the opportunity to comment on the 
proposed adjustment(s) at the first meeting and prior to and at the 
second Council meeting. The Council's recommendations on adjustments or 
additions to management measures must come from one or more of the 
following categories: Minimum fish size, maximum fish size, gear 
restrictions, gear requirements or prohibitions, permitting 
restrictions, recreational possession limit, recreational seasons, 
closed areas, commercial seasons, commercial trip limits, commercial 
quota system including commercial quota allocation procedure and 
possible quota set asides to mitigate

[[Page 490]]

bycatch, recreational harvest limit, annual specification quota setting 
process, FMP Monitoring Committee composition and process, description 
and identification of EFH (and fishing gear management measures that 
impact EFH), description and identification of habitat areas of 
particular concern, overfishing definition and related thresholds and 
targets, regional gear restrictions, regional season restrictions 
(including option to split seasons), restrictions on vessel size (LOA 
and GRT) or shaft horsepower, changes to the Northeast Region SBRM 
(including the CV-based performance standard, the means by which discard 
data are collected/obtained, fishery stratification, reports, and/or 
industry-funded observers or observer set-aside programs), any other 
management measures currently included in the FMP, set aside quota for 
scientific research, regional management, and process for inseason 
adjustment to the annual specification.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale, if management measures are recommended, an 
analysis of impacts, and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule. If the 
Council recommends that the management measures should be issued as a 
final rule, the Council must consider at least the following factors, 
and provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether the regulations would have to be in place for 
an entire harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures following their implementation as a final rule.
    (3) NMFS action. If the Council's recommendation includes 
adjustments or additions to management measures and, after reviewing the 
Council's recommendation and supporting information:
    (i) If NMFS concurs with the Council's recommended management 
measures and determines that the recommended management measures should 
be issued as a final rule based on the factors specified in paragraph 
(a)(2) of this section, the measures will be issued as a final rule in 
the Federal Register.
    (ii) If NMFS concurs with the Council's recommended management 
measures and determines that the recommended management measures should 
be published first as a proposed rule, the measures will be published as 
a proposed rule in the Federal Register. After additional public 
comment, if NMFS concurs with the Council recommendation, the measures 
will be issued as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Council will be notified in 
writing of the reasons for the non-concurrence.
    (4) Emergency actions. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.
    (b) [Reserved]

[64 FR 57593, Oct. 26, 1999, as amended at 73 FR 4753, Jan. 28, 2008]



Sec. 648.25  Possession restrictions.

    (a) Atlantic mackerel. During a closure of the directed Atlantic 
mackerel fishery that occurs prior to June 1, vessels may not fish for, 
possess, or land more than 20,000 lb (9.08 mt) of Atlantic mackerel per 
trip at any time, and may only land Atlantic mackerel once on any 
calendar day, which is defined as the 24-hr period beginning at 0001 
hours and ending at 2400 hours. During a closure of the directed fishery 
for butterfish that occurs on or after June 1, vessels may not fish for, 
possess, or land more than 50,000 lb (22.7 mt) of Atlantic mackerel per 
trip at any time,

[[Page 491]]

and may only land Atlantic mackerel once on any calendar day.
    (b) Loligo. During a closure of the directed fishery for Loligo, 
vessels may not fish for, possess, or land more than 2,500 lb (1.13 mt) 
of Loligo per trip at any time, and may only land Loligo once on any 
calendar day, which is defined as the 24-hr period beginning at 0001 
hours and ending at 2400 hours. If a vessel has been issued a Loligo 
incidental catch permit (as specified at Sec. 648.4(a)(5)(ii)), then it 
may not fish for, possess, or land more than 2,500 lb (1.13 mt) of 
Loligo per trip at any time and may only land Loligo once on any 
calendar day.
    (c) Illex. During a closure of the directed fishery for Illex, 
vessels may not fish for, possess, or land more than 10,000 lb (4.54 mt) 
of Illex per trip at any time, and may only land Illex once on any 
calendar day, which is defined as the 24-hr period beginning at 0001 
hours and ending at 2400 hours. If a vessel has been issued an Illex 
incidental catch permit (as specified at Sec. 648.4(a)(5)(ii)), then it 
may not fish for, possess, or land more than 10,000 lb (4.54 mt) of 
Illex per trip at any time, and may only land Illex once on any calendar 
day.
    (d) Butterfish. (1) During a closure of the directed fishery for 
butterfish that occurs prior to October 1, vessels may not fish for, 
possess, or land more than 250 lb (0.11 mt) of butterfish per trip at 
any time, and may only land butterfish once on any calendar day, which 
is defined as the 24-hr period beginning at 0001 hours and ending at 
2400 hours. During a closure of the directed fishery for butterfish that 
occurs on or after October 1, vessels may not fish for, possess, or land 
more than 600 lb (0.27 mt) of butterfish per trip at any time, and may 
only land butterfish once on any calendar day. If a vessel has been 
issued a butterfish incidental catch permit (as specified at Sec. 
648.4(a)(5)(ii)), then it may not fish for, possess, or land more than 
600 lb (0.27 mt) of butterfish per trip at any time, and may only land 
butterfish once on any calendar day, unless the directed fishery for 
butterfish closes prior to October 1, then a vessel that has been issued 
a butterfish incidental catch permit may not fish for, possess, or land 
more than 250 lb (0.11 mt) of butterfish per trip at any time, and may 
only land butterfish once on any calendar day.
    (2) A vessel issued a butterfish moratorium permit (as specified at 
Sec. 648.4(a)(5)(i)) may not fish for, possess, or land more than 5,000 
lb (2.27 mt) of butterfish per trip at any time, and may only land 
butterfish once on any calendar day, which is defined as the 24-hr 
period beginning at 0001 hours and ending at 2400 hours.

[73 FR 18450, Apr. 4, 2008, as amended at 74 FR 6248, Feb. 6, 2009]



            Subpart C_Management Measures for Atlantic Salmon



Sec. 648.40  Prohibition on possession.

    (a) Incidental catch. All Atlantic salmon caught incidental to a 
directed fishery for other species in the EEZ must be released in such a 
manner as to insure maximum probability of survival.
    (b) Presumption. The possession of Atlantic salmon is prima facie 
evidence that such Atlantic salmon were taken in violation of this 
regulation. Evidence that such fish were harvested in state waters, or 
from foreign waters, or from aquaculture enterprises, will be sufficient 
to rebut the presumption. This presumption does not apply to fish being 
sorted on deck.



Sec. 648.41  Framework specifications.

    (a) Within season management action. The New England Fishery 
Management Council (NEFMC) may, at any time, initiate action to 
implement, add to or adjust Atlantic salmon management measures to allow 
for Atlantic salmon aquaculture projects in the EEZ, provided such an 
action is consistent with the goals and objectives of the Atlantic 
Salmon FMP.
    (b) Framework process. After initiation of an action to implement, 
add to or adjust an Atlantic salmon management measure to allow for an 
Atlantic salmon aquaculture project in the EEZ, the NEFMC shall develop 
and analyze Atlantic salmon management measures to allow for Atlantic 
salmon aquaculture projects in the EEZ over the span of at least two 
NEFMC meetings. The NEFMC shall provide the public

[[Page 492]]

with advance notice of the availability of both the proposals and the 
analysis and opportunity to comment on them prior to and at the second 
NEFMC meeting. The NEFMC's recommendation on aquaculture management 
measures must come from one or more of the following categories: minimum 
fish sizes, gear restrictions, minimum mesh sizes, possession limits, 
tagging requirements, monitoring requirements, reporting requirements, 
permit restrictions, area closures, establishment of special management 
areas or zones and any other management measures currently included in 
the FMP.
    (c) NEFMC recommendation. After developing Atlantic salmon 
management measures and receiving public testimony, the NEFMC shall make 
a recommendation to NMFS. The NEFMC's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to NMFS on whether to issue the 
management measures as a final rule. If NMFS concurs with the NEFMC's 
recommendation to issue the management measures as a final rule, the 
NEFMC must consider at least the following factors and provide support 
and analysis for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the NEFMC's recommended management measures.
    (3) Whether there is an immediate need to protect the resource.
    (4) Whether there will be a continuing evaluation of measures 
adopted following their implementation as a final rule.
    (d) NMFS action. If the NEFMC's recommendation includes 
implementation of management measures and, after reviewing the NEFMC's 
recommendation and supporting information:
    (1) NMFS concurs with the NEFMC's recommended management measures 
and determines that the recommended measures should be issued as a final 
rule based on the factors specified in paragraph (c)(1) through (4) of 
this section, the measures will be issued as a final rule in the Federal 
Register.
    (2) NMFS concurs with the NEFMC's recommendation and determines that 
the recommended management measures should be published first as a 
proposed rule, the measures will be published as a proposed rule in the 
Federal Register. After additional public comment, if NMFS concurs with 
the NEFMC recommendation, the measures will be issued as a final rule in 
the Federal Register.
    (3) NMFS does not concur, the NEFMC will be notified in writing of 
the reasons for the non-concurrence.
    (e) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[64 FR 40520, July 27, 1999]



   Subpart D_Management Measures for the Atlantic Sea Scallop Fishery

    Source: 69 FR 35215, June 23, 2004, unless otherwise noted.



Sec. 648.50  Shell-height standard.

    (a) Minimum shell height. The minimum shell height for in-shell 
scallops that may be landed, or possessed at or after landing, is 3.5 
inches (8.9 cm). Shell height is a straight line measurement from the 
hinge to the part of the shell that is farthest away from the hinge.
    (b) Compliance and sampling. Any time at landing or after, including 
when the scallops are received or possessed by a dealer or person acting 
in the capacity of a dealer, compliance with the minimum shell-height 
standard shall be determined as follows: Samples of 40 scallops each 
shall be taken at random from the total amount of scallops in 
possession. The person in possession of the scallops may request that as 
many as 10 sample groups (400 scallops) be examined. A

[[Page 493]]

sample group fails to comply with the standard if more than 10 percent 
of all scallops sampled are shorter than the shell height specified. The 
total amount of scallops in possession shall be deemed in violation of 
this subpart and subject to forfeiture, if the sample group fails to 
comply with the minimum standard.



Sec. 648.51  Gear and crew restrictions.

    (a) Trawl vessel gear restrictions. Trawl vessels issued a limited 
access scallop permit under Sec. 648.4(a)(2) while fishing under or 
subject to the DAS allocation program for scallops and authorized to 
fish with or possess on board trawl nets pursuant to Sec. 648.51(f), 
any trawl vessels in possession of more than 40 lb (18.14 kg) of 
shucked, or 5 bu (176.2 L) of in-shell scallops in or from the EEZ, and 
any trawl vessels fishing for scallops in the EEZ, must comply with the 
following:
    (1) Maximum sweep. The trawl sweep of nets shall not exceed 144 ft 
(43.9 m), as measured by the total length of the footrope that is 
directly attached to the webbing, unless the net is stowed and not 
available for immediate use, as specified in Sec. 648.23, or unless the 
vessel is fishing under the Northeast multispecies or monkfish DAS 
programs.
    (2) Net requirements--(i) Minimum mesh size. Subject to applicable 
minimum mesh size restrictions for other fisheries as specified under 
this part, the mesh size for any scallop trawl net in all areas shall 
not be smaller than 5.5 inches (13.97 cm).
    (ii) Measurement of mesh size. Mesh size is measured by using a 
wedge-shaped gauge having a taper of 2 cm (0.79 inches) in 8 cm (3.15 
inches) and a thickness of 2.3 mm (0.09 inches), inserted into the 
meshes under a pressure or pull of 5 kg (11.02 lb) for mesh size less 
than 120 mm (4.72 inches) and under a pressure or pull of 8 kg (17.64 
lb) for mesh size at, or greater than, 120 mm (4.72 inches). The mesh 
size is the average of the measurements of any series of 20 consecutive 
meshes for nets having 75 or more meshes, and 10 consecutive meshes for 
nets having fewer than 75 meshes. The mesh in the regulated portion of 
the net is measured at least five meshes away from the lacings running 
parallel to the long axis of the net.
    (3) Chafing gear and other gear obstructions--(i) Net obstruction or 
constriction. A fishing vessel may not use any device or material, 
including, but not limited to, nets, net strengtheners, ropes, lines, or 
chafing gear, on the top of a trawl net, except that one splitting strap 
and one bull rope (if present), consisting of line and rope no more than 
3 inches (7.62 cm) in diameter, may be used if such splitting strap and/
or bull rope does not constrict in any manner the top of the trawl net. 
``The top of the trawl net'' means the 50 percent of the net that (in a 
hypothetical situation) would not be in contact with the ocean bottom 
during a tow if the net were laid flat on the ocean floor. For the 
purpose of this paragraph (a)(3), head ropes shall not be considered 
part of the top of the trawl net.
    (ii) Mesh obstruction or constriction. A fishing vessel may not use 
any mesh configuration, mesh construction, or other means on or in the 
top of the net, as defined in paragraph (a)(3)(i) of this section, if it 
obstructs the meshes of the net in any manner.
    (iii) A fishing vessel may not use or possess a net capable of 
catching scallops in which the bars entering or exiting the knots twist 
around each other.
    (b) Dredge vessel gear restrictions. All vessels issued limited 
access and General Category scallop permits and fishing with scallop 
dredges, with the exception of hydraulic clam dredges and mahogany 
quahog dredges in possession of 400 lb (181.44 kg), or less, of 
scallops, must comply with the following restrictions, unless otherwise 
specified:
    (1) Maximum dredge width. The combined dredge width in use by or in 
possession on board such vessels shall not exceed 31 ft (9.4 m) measured 
at the widest point in the bail of the dredge, except as provided under 
paragraph (e) of this section. However, component parts may be on board 
the vessel such that they do not conform with the definition of ``dredge 
or dredge gear'' in Sec. 648.2, i.e., the metal ring bag and the mouth 
frame, or bail, of the dredge are not attached, and such that no more 
than one complete spare dredge could be made from these component's 
parts.

[[Page 494]]

    (2) Minimum mesh size. The mesh size of a net, net material, or any 
other material on the top of a scallop dredge (twine top) possessed or 
used by vessels fishing with scallop dredge gear shall not be smaller 
than 10-inch (25.4-cm) square or diamond mesh.
    (3) Minimum ring size. (i) Unless otherwise required under the Sea 
Scallop Area Access program specified in Sec. 648.60(a)(6), the ring 
size used in a scallop dredge possessed or used by scallop vessels shall 
not be smaller than 4 inches (10.2 cm).
    (ii) Ring size is determined by measuring the shortest straight line 
passing through the center of the ring from one inside edge to the 
opposite inside edge of the ring. The measurement shall not include 
normal welds from ring manufacturing or links. The rings to be measured 
will be at least five rings away from the mouth, and at least two rings 
away from other rigid portions of the dredge.
    (iii) Ring size is determined by measuring the shortest straight 
line passing through the center of the ring from one inside edge to the 
opposite inside edge of the ring. The measurement shall not include 
normal welds from ring manufacturing or links. The rings to be measured 
will be at least five rings away from the mouth, and at least two rings 
away from other rigid portions of the dredge.
    (4) Chafing gear and other gear obstructions--(i) Chafing gear 
restrictions. No chafing gear or cookies shall be used on the top of a 
scallop dredge.
    (ii) Link restrictions. No more than double links between rings 
shall be used in or on all parts of the dredge bag, except the dredge 
bottom. No more than triple linking shall be used in or on the dredge 
bottom portion and the diamonds. Damaged links that are connected to 
only one ring, i.e., ``hangers,'' are allowed, unless they occur between 
two links that both couple the same two rings. Dredge rings may not be 
attached via links to more than four adjacent rings. Thus, dredge rings 
must be rigged in a configuration such that, when a series of adjacent 
rings are held horizontally, the neighboring rings form a pattern of 
horizontal rows and vertical columns. A copy of a diagram showing a 
schematic of a legal dredge ring pattern is available from the Regional 
Administrator upon request.
    (iii) Dredge or net obstructions. No material, device, net, dredge, 
ring, or link configuration or design shall be used if it results in 
obstructing the release of scallops that would have passed through a 
legal sized and configured net and dredge, as described in this part, 
that did not have in use any such material, device, net, dredge, ring 
link configuration or design.
    (iv) Twine top restrictions. In addition to the minimum twine top 
mesh size specified in paragraph (b)(2) of this section, vessels issued 
limited access scallop permits that are fishing for scallops under the 
DAS Program are also subject to the following restrictions:
    (A) If a vessel is rigged with more than one dredge, or if a vessel 
is rigged with only one dredge and such dredge is greater than 8 ft (2.4 
m) in width, there must be at least seven rows of non-overlapping steel 
rings unobstructed by netting or any other material between the terminus 
of the dredge (club stick) and the net material on the top of the dredge 
(twine top).
    (B) If a vessel is rigged with only one dredge, and such dredge is 
less than 8 ft (2.4 m) in width, there must be at least four rows of 
non-overlapping steel rings unobstructed by netting or any other 
material between the club stick and the twine top of the dredge. (A copy 
of a diagram showing a schematic of a legal dredge with twine top is 
available from the Regional Administrator upon request).
    (v) Measurement of twine top mesh size. Twine top mesh size is 
measured by using a wedge-shaped gauge having a taper of 2 cm (0.79 
inches) in 8 cm (3.15 inches) and a thickness of 2.3 mm (0.09 inches), 
inserted into the meshes under a pressure or pull of 8 kg (17.64 lb). 
The mesh size is the average of the measurements of any series of 20 
consecutive meshes for twine tops having 75 or more meshes, and 10 
consecutive meshes for twine tops having fewer than 75 meshes. The mesh 
in the twine top must be measured at least five meshes away from where 
the twine top mesh meets the rings, running parallel to the long axis of 
the twine top.
    (c) Crew restrictions. Limited access vessels participating in or 
subject to

[[Page 495]]

the scallop DAS allocation program may have no more than seven people 
aboard, including the operator, when not docked or moored in port, 
except as follows:
    (1) There is no restriction on the number of people on board for 
vessels participating in the Sea Scallop Area Access Program as 
specified in Sec. 648.60;
    (2) Vessels participating in the small dredge program are restricted 
as specified in paragraph (e) of this section;
    (3) The Regional Administrator may authorize additional people to be 
on board through issuance of a letter of authorization.
    (4) A certified at-sea observer is on board, as required by Sec. 
648.11(g).
    (d) Sorting and shucking machines. (1) Shucking machines are 
prohibited on all limited access vessels fishing under the scallop DAS 
program, or any vessel in possession of more than 400 lb (181.44 kg) of 
scallops, unless the vessel has not been issued a limited access scallop 
permit and fishes exclusively in state waters.
    (2) Sorting machines are prohibited on limited access vessels 
fishing under the scallop DAS program.
    (e) Small dredge program restrictions. Any vessel owner whose vessel 
is assigned to either the part-time or Occasional category may request, 
in the application for the vessel's annual permit, to be placed in one 
category higher. Vessel owners making such request may be placed in the 
appropriate higher category for the entire year, if they agree to comply 
with the following restrictions, in addition to and notwithstanding 
other restrictions of this part, when fishing under the DAS program 
described in Sec. 648.53, or in possession of more than 400 lb (181.44 
kg) of shucked, or 50 bu (17.62 hl) of in-shell scallops:
    (1) The vessel must fish exclusively with one dredge no more than 
10.5 ft (3.2 m) in width.
    (2) The vessel may not use or have more than one dredge on board.
    (3) The vessel may have no more than five people, including the 
operator, on board, except as follows:
    (i) There is no restriction on the number of people on board for 
vessels participating in the Sea Scallop Area Access Program as 
specified in Sec. 648.60;
    (ii) The Regional Administrator may authorize additional people to 
be on board through issuance of a letter of authorization.
    (iii) A certified at-sea observer is on board, as required by Sec. 
648.11(g).
    (f) Restrictions on the use of trawl nets. (1) A vessel issued a 
limited access scallop permit fishing for scallops under the scallop DAS 
allocation program may not fish with, possess on board, or land scallops 
while in possession of a trawl net, unless such vessel has been issued a 
limited access trawl vessel permit that endorses the vessel to fish for 
scallops with a trawl net. A limited access scallop vessel issued a 
trawl vessel permit that endorses the vessel to fish for scallops with a 
trawl net and general category scallop vessels enrolled in the Area 
Access Program as specified in Sec. 648.60, may not fish with a trawl 
net in the Access Areas specified in Sec. 648.59(b) through (d).
    (2) Replacement vessels. A vessel that is replacing a vessel 
authorized to use trawl nets to fish for scallops under scallop DAS may 
also be authorized to use trawl nets to fish for scallops under scallop 
DAS if it meets the following criteria:
    (i) Has not fished for scallops with a scallop dredge after December 
31, 1987; or
    (ii) Has fished for scallops with a scallop dredge on no more than 
10 trips from January 1, 1988, through December 31, 1994, has an engine 
horsepower no greater than 450.

[69 FR 35215, June 23, 2004, as amended at 69 FR 63473, Nov. 2, 2004; 71 
FR 33226, June 8, 2006; 72 FR 8288, Feb. 26, 2007; 72 FR 32558, June 13, 
2007; 73 FR 20122, Apr. 14, 2008; 74 FR 20554, May 4, 2009]



Sec. 648.52  Possession and landing limits.

    (a) A vessel issued an IFQ scallop permit that is declared into the 
IFQ scallop fishery as specified in Sec. 648.10(b), unless exempted 
under the state waters exemption program described under Sec. 648.54, 
may not possess or land, per trip, more than 400 lb (181.4 kg) of 
shucked scallops, or possess more than 50 bu (17.6 hL) of in-shell 
scallops shoreward of the VMS Demarcation Line. Such a vessel may land 
scallops only once in any calendar day. Such a

[[Page 496]]

vessel may possess up to 100 bu (35.2 hl) of in-shell scallops seaward 
of the VMS demarcation line on a properly declared IFQ scallop trip.
    (b) A vessel issued an NGOM scallop permit, or an IFQ scallop permit 
that is declared into the NGOM scallop fishery as described in Sec. 
648.62, unless exempted under the state waters exemption program 
described under Sec. 648.54, may not possess or land, per trip, more 
than 200 lb (90.7 kg) of shucked, or 25 bu (8.81 hL) of in-shell 
scallops. Such a vessel may land scallops only once in any calendar day. 
Such a vessel may possess up to 50 bu (17.6 hL) of in-shell scallops 
seaward of the VMS demarcation line on a properly declared NGOM scallop 
fishery trip.
    (c) A vessel issued an Incidental scallop permit, or an IFQ or NGOM 
scallop permit that is not declared into the IFQ or NGOM scallop fishery 
as required under Sec. 648.10(f), unless exempted under the state 
waters exemption program described under Sec. 648.54, may not possess 
or land, per trip, more than 40 lb (18.1 kg) of shucked, or 5 bu (1.76 
hL) of in-shell scallops. Such a vessel may land scallops only once in 
any calendar day. Such a vessel may possess up to 10 bu (3.52 hL) of in-
shell scallops seaward of the VMS Demarcation Line.
    (d) Owners or operators of vessels with a limited access scallop 
permit that have properly declared into the Sea Scallop Area Access 
Program as described in Sec. 648.60 are prohibited from fishing for or 
landing per trip, or possessing at any time, scallops in excess of any 
sea scallop possession and landing limit set by the Regional 
Administrator in accordance with Sec. 648.60(a)(5).
    (e) Owners or operators of vessels issued limited access permits 
fishing in or transiting the area south of 42[deg]20[min]N. lat. at any 
time during a trip are prohibited from fishing for, possessing, or 
landing per trip more than 50 bu (17.6 hl) of in-shell scallops 
shoreward of the VMS Demarcation Line, unless when fishing under the 
state waters exemption specified under Sec. 648.54.
    (f) A vessel that is declared into the Elephant Trunk Access Area 
Sea Scallop Area Access Program as described in Sec. 648.60, may not 
possess more than 50 bu (17.6 hL) of in-shell scallops outside of the 
Elephant Trunk Access Area described in Sec. 648.59(e).

[73 FR 20122, Apr. 14, 2008, as amended at 74 FR 20555, May 4, 2009]



Sec. 648.53  Total allowable catch, DAS allocations, and Individual Fishing 

Quotas.

    (a) Target total allowable catch (TAC) for scallop fishery. The 
annual target total TAC for the scallop fishery shall be established 
through the framework adjustment process specified in Sec. 648.55. The 
annual target TAC shall include the TAC for all scallop vessels fishing 
in open areas and Sea Scallop Access Areas, but shall exclude the TAC 
established for the Northern Gulf of Maine Scallop Management Area as 
specified in Sec. 648.62. After deducting the total estimated 
incidental catch of scallops, as specified at Sec. 648.53(a)(9), by 
vessels issued incidental catch general category scallop permits, and 
limited access and limited access general category scallop vessels not 
declared into the scallop fishery, the annual target TAC for open and 
Sea Scallop Access Areas shall each be divided between limited access 
vessels, limited access vessels that are fishing under a limited access 
general category permit, and limited access general category vessels as 
specified in paragraphs (a)(3) through (a)(6) of this section. In the 
event that a framework adjustment does not implement an annual TAC for a 
fishing or part of a fishing year, the preceding fishing year's scallop 
regulations shall apply.
    (1) 2008 fishing year target TAC for scallop fishery. 20,140 mt, 90 
percent of which will be allocated to the limited access fishery, and 10 
percent of which will be allocated to the general category fishery.
    (2) 2009 fishing year target TAC for scallop fishery. 20,820 mt, 
94.5 percent of which will be allocated to the limited access fishery, 5 
percent of which will be allocated to IFQ scallop vessels, and 0.5 
percent will be issued to limited access vessels also issued IFQ scallop 
permits and that are fishing under general category regulations. If the 
IFQ program is delayed beyond March 1, 2009, as specified at paragraph 
(a)(7) of this section, 90 percent of the TAC will be allocated to the 
limited access fishery,

[[Page 497]]

and 10 percent of the TAC will be allocated to the general category 
fishery.
    (3) Access area TAC. The TAC for each Access Area shall be 
determined through the framework adjustment process described in Sec. 
648.55 and specified in Sec. 648.59. The TAC set-asides for observer 
coverage and research shall be deducted from the TAC in each Access Area 
prior to assigning the target TAC and trip allocations for limited 
access scallop vessels, and prior to allocating TAC to limited access 
general category vessels. The percentage of the TAC for each access area 
allocated to limited access vessels, limited access general category 
vessels, and limited access vessels fishing under general category 
permits shall be specified in accordance with Sec. 648.60 through the 
framework adjustment process specified in Sec. 648.55.
    (4) Open area target TAC for limited access vessels. The open area 
TAC specified in this paragraph (a)(4) excludes the open area DAS set-
aside specified in (g)(1) and (2) of this section, the access area TACs 
specified in Sec. 648.59, and access area set-asides specified in Sec. 
648.60(d) and (e).
    (i) 2008 fishing year. For the 2008 fishing year, the target TAC for 
limited access vessels fishing under the scallop DAS program specified 
in this section shall be 6,274 mt.
    (ii) 2009 fishing year. For the 2009 fishing year, the target TAC 
for limited access vessels fishing under the scallop DAS program 
specified in this section shall be 7,458 mt., unless the implementation 
of the IFQ program is delayed beyond March 1, 2009, as specified in 
paragraph (a)(7) of this section.
    (5) Open area TAC for IFQ scallop vessels. The open area TAC 
specified in this paragraph (a)(5) excludes the access area TACs 
specified in Sec. 648.59, and access area set-asides specified in Sec. 
648.60(d) and (e).
    (i) 2008 fishing year. For the 2008 fishing year, IFQ scallop 
vessels, and limited access scallop vessels that are fishing under an 
IFQ scallop permit outside of the scallop DAS and Area Access programs, 
shall be allocated 1,369 mt.
    (ii) 2009 fishing year and beyond for IFQ scallop vessels without a 
limited access scallop permit. For the 2009 fishing year, unless the 
implementation of the IFQ program is delayed beyond March 1, 2009, as 
specified in paragraph (a)(7) of this section, the TAC for IFQ scallop 
vessels without a limited access scallop permit shall be 536 mt.
    (iii) 2009 fishing year and beyond for IFQ scallop vessels with a 
limited access scallop permit. For the 2009 fishing year, unless the IFQ 
program is delayed beyond March 1, 2009, as specified in paragraph 
(a)(7) of this section, limited access scallop vessels that are fishing 
under an IFQ scallop permit outside of the scallop DAS and Area Access 
programs shall be allocated 0.5 percent of the annual target TAC 
specified in accordance with this paragraph (a) minus the TAC for all 
access areas specified in accordance with paragraph (a)(3) of this 
section. If the IFQ program implementation is delayed beyond March 1, 
2009, the allocation of TAC to IFQ scallop vessels is specified in 
paragraph (a)(7) of this section.
    (6) Northern Gulf of Maine Scallop Fishery. The TAC for the Northern 
Gulf of Maine Scallop Fishery shall be specified in accordance with 
Sec. 648.62, through the framework adjustment process specified in 
Sec. 648.55. The Northern Gulf of Maine Scallop Fishery TAC is 
specified in Sec. 648.62(b)(1).
    (7) Delay of the IFQ program. If the IFQ program implementation is 
delayed beyond March 1, 2009, the quarterly fleetwide TAC will remain in 
effect. Under such a scenario, the overall IFQ fishery allocation of 
4,551,700 lb (2,065 mt) will be distributed as follows: Quarter 1--
1,593,095 lb (723 mt); Quarter 2--1,820,680 lb (826 mt), Quarter 3--
682,755 lb (310 mt), Quarter 4--455,170 lb (206 mt). If the Regional 
Administrator determines that the IFQ program cannot be implemented by 
March 1, 2009, NMFS shall inform all scallop vessel owners that the IFQ 
program shall not take effect.
    (8) Distribution of transition period TAC--(i) Allocation. For the 
2008 fishing year, and subsequent fishing years until the IFQ program is 
implemented as specified in paragraph (a)(7) of this section, the TAC 
for IFQ scallop vessels shall be allocated as specified in paragraphs 
(a)(5) of this section into quarterly periods. The percentage 
allocations for each period allocated to the

[[Page 498]]

IFQ scallop vessels, including limited access vessels fishing under an 
IFQ scallop permit and vessels under appeal for an IFQ scallop permit 
pursuant to Sec. 648.4(a)(2)(ii) shall be specified in the framework 
adjustment process as specified in Sec. 648.55 and are specified in the 
following table:

------------------------------------------------------------------------
               Quarter                 Percent             TAC
------------------------------------------------------------------------
I. March-May.........................       35  1,523,375 lb (475.25
                                                 mt).
II. June-August......................       40  1,741,000 lb (547.83
                                                 mt).
III. September-November..............       15  652,875 lb (205.39 mt).
IV. December-February................       10  435,250 lb (136.93 mt).
------------------------------------------------------------------------

    (ii) Deductions of landings. All landings by general category 
scallop vessels prior to July 1, 2008, and all landings by IFQ scallop 
vessels and limited access vessels fishing under an IFQ scallop permit 
after June 30, 2008, shall be deducted from the TAC allocations 
specified in the table in paragraph (a)(8)(i) of this section.
    (iii) Closure of fishery for the quarter. No vessel issued an IFQ 
scallop permit, or vessel issued a temporary letter of authorization to 
fish for scallops while their appeal for an IFQ scallop permit is 
pending pursuant to Sec. 648.4(a)(2)(ii), may possess, retain, or land 
scallops once the Regional Administrator has provided notification in 
the Federal Register that the scallop total allowable catch for the 
specified quarter, in accordance with this paragraph (a)(8) has been 
reached.
    (iv) Overages and underages of quarterly TACs. Any overage or 
underage of catch during quarter 1 as specified in this paragraph (a)(8) 
shall be applied to the third quarter TAC as specified in this paragraph 
(a)(8). Any overage or underage of catch during quarters 2 and 3, as 
specified in this paragraph (a)(8), shall be applied to the fourth 
quarter TAC as specified in this paragraph (a)(8).
    (9) Scallop incidental catch target TAC. The 2008 and 2009 
incidental catch target TACs for vessels with incidental catch scallop 
permits are 50,000 lb (22,680 kg) per year.
    (b) DAS allocations. (1) Total DAS to be used in all areas other 
than those specified in Sec. 648.59, shall be specified through the 
framework adjustment process as specified in Sec. 648.55, using the 
target total allowable catch for open areas specified in paragraph (a) 
of this section, and estimated catch per unit effort.
    (2) Prior to setting the DAS allocations specified in paragraph 
(b)(4) of this section, 1 percent of total available DAS will be set 
aside to help defray the cost of observers, as specified in paragraph 
(h)(1) of this section. Two percent of total available DAS will be set 
aside to pay for scallop related research, as outlined in paragraph 
(h)(2) of this section.
    (3) Assignment to DAS categories. Subject to the vessel permit 
application requirements specified in Sec. 648.4, for each fishing 
year, each vessel issued a limited access scallop permit shall be 
assigned to the DAS category (full-time, part-time, or occasional) it 
was assigned to in the preceding year, except as provided under the 
small dredge program specified in Sec. 648.51(e).
    (4) Each vessel qualifying for one of the three DAS categories 
specified in the table in this paragraph (b)(4) (Full-time, Part-time, 
or Occasional) shall be allocated the maximum number of DAS for each 
fishing year it may participate in the open area limited access scallop 
fishery, according to its category. A vessel whose owner/operator has 
declared out of the scallop fishery, pursuant to the provisions of Sec. 
648.10, or that has used up its maximum allocated DAS, may leave port 
without being assessed a DAS, as long as it has made an appropriate VMS 
declaration, as specified in Sec. 648.10(f), does not fish for or land 
per trip, or possess at any time, more than 400 lb (181.4 kg) of shucked 
or 50 bu (17.6 hL) of in-shell scallops, and complies with all other 
requirements of this part. The annual open area DAS allocations for each 
category of vessel for the fishing years indicated, after deducting DAS 
for observer and research DAS set-asides, are as follows:

------------------------------------------------------------------------
                    DAS category                        2008    2009 \1\
------------------------------------------------------------------------
Full-time...........................................        35        42
Part-time...........................................        14        17
Occasional..........................................         3         3
------------------------------------------------------------------------
\1\ If the IFQ program implementation is delayed beyond March 1, 2009,
  the 2009 DAS allocations will be: Full-time--37, part-time--15,
  occasional--3.

    (i) Limited access vessels that lawfully use more open area DAS in 
the 2008 fishing year than specified in this

[[Page 499]]

section shall have the DAS used in excess of the 2008 allocation 
specified in this paragraph (b)(4) deducted from their 2009 open area 
DAS allocation specified in paragraph (b)(2) of this section.
    (ii) [Reserved]
    (5) Additional open area DAS. If a TAC for yellowtail flounder 
specified in Sec. 648.85(c) is harvested for an Access Area specified 
in Sec. 648.59(b) through (d), a scallop vessel with remaining trips in 
the affected Access Area shall be allocated additional open area DAS 
according to the calculations specified in paragraphs (b)(5)(i) through 
(iii) of this section.
    (i) For each remaining complete trip in the Nantucket Lightship 
Access Area, a full-time and part-time vessel may fish an additional 7.7 
DAS in open areas and an occasional vessel may fish an additional 3.2 
DAS during the same fishing year. A complete trip is deemed to be a trip 
that is not subject to a reduced possession limit under the broken trip 
provision in Sec. 648.60(c). If a vessel has unused broken trip 
compensation trip(s), as specified in Sec. 648.60(c), when the 
Nantucket Lightship Access Area closes due to the yellowtail flounder 
bycatch TAC, it will be issued additional DAS in proportion to the 
unharvested possession limit. For example, if a full-time vessel had an 
unused 9,000-lb (4,082-kg) Nantucket Lightship Access Area compensation 
trip (half of the possession limit) at the time of a Nantucket Lightship 
Access Area yellowtail flounder bycatch TAC closure, the vessel will be 
allocated 3.85 DAS (half of 7.7 DAS).
    (ii) For each remaining complete trip in Closed Area II, a full-time 
and part-time vessel may fish an additional 7.9 DAS in open areas and an 
occasional vessel may fish an additional 3.3 DAS during the same fishing 
year. A complete trip is deemed to be a trip that is not subject to a 
reduced possession limit under the broken trip provision in Sec. 
648.60(c). If a vessel has unused Closed Area II broken trip 
compensation trip(s), as specified in Sec. 648.60(c), when Closed Area 
II closes due to the yellowtail flounder bycatch TAC, it will be issued 
additional DAS in proportion to the unharvested possession limit. For 
example, if a full-time vessel had an unused 9,000 lb (4,082 kg) Closed 
Area II compensation trip (half of the possession limit) at the time of 
a Closed Area II yellowtail flounder bycatch TAC closure, the vessel 
will be allocated 3.95 DAS (half of 7.9 DAS).
    (6) DAS allocations and other management measures are specified for 
each scallop fishing year, which begins on March 1 and ends on February 
28 (or February 29), unless otherwise noted.
    (c) Adjustments in annual DAS allocations. Annual DAS allocations 
shall be established for 2 fishing years through biennial framework 
adjustments as specified in Sec. 648.55. If a biennial framework action 
is not undertaken by the Council and implemented by NMFS, the DAS 
allocations and Access Area trip allocations from the most recent 
fishing year shall remain in effect for the next fishing year. The 
Council may also recommend adjustments to DAS allocations through a 
framework action at any time.
    (d) End-of-year carry-over for open area DAS. With the exception of 
vessels that held a Confirmation of Permit History as described in Sec. 
648.4(a)(1)(i)(J) for the entire fishing year preceding the carry-over 
year, limited access vessels that have unused Open Area DAS on the last 
day of February of any year may carry over a maximum of 10 DAS, not to 
exceed the total Open Area DAS allocation by permit category, into the 
next year. DAS carried over into the next fishing year may only be used 
in Open Areas. DAS sanctioned vessels will be credited with unused DAS 
based on their unused DAS allocation, minus total DAS sanctioned.
    (e) Accrual of DAS. All DAS fished shall be charged to the nearest 
minute. A vessel carrying an observer and authorized to be charged fewer 
DAS in Open Areas based on the total available DAS set aside under 
paragraph (g)(1) of this section shall be charged at a reduced rate as 
specified in paragraph (g)(1) of this section.
    (f) Good Samaritan credit. Limited access vessels fishing under the 
DAS program and that spend time at sea assisting in a USCG search and 
rescue operation or assisting the USCG in towing a disabled vessel, and 
that can document the occurrence through the

[[Page 500]]

USCG, will not accrue DAS for the time documented.
    (g) DAS set-asides--(1) DAS set-aside for observer coverage. As 
specified in paragraph (b)(2) of this section, to help defray the cost 
of carrying an observer, 1 percent of the total DAS shall be set-aside 
from the total DAS available for allocation, to be used by vessels that 
are assigned to take an at-sea observer on a trip other than an Area 
Access Program trip. The DAS set-aside for observer coverage is 118 DAS 
for the 2008 fishing year, and 141 DAS for the 2009 fishing year. If the 
IFQ program implementation is delayed beyond March 1, 2009, the 2009 DAS 
set-aside for observer coverage will be 124 DAS. Vessels carrying an 
observer shall be compensated with reduced DAS accrual rates for each 
trip on which the vessel carries an observer. For each DAS that a vessel 
fishes for scallops with an observer on board, the DAS shall be charged 
at a reduced rate based on an adjustment factor determined by the 
Regional Administrator on an annual basis, dependent on the cost of 
observers, catch rates, and amount of available DAS set-aside. The 
Regional Administrator shall notify vessel owners of the cost of 
observers and the DAS adjustment factor through a permit holder letter 
issued prior to the start of each fishing year. The number of DAS that 
are deducted from each trip based on the adjustment factor shall be 
deducted from the observer DAS set-aside amount in the applicable 
fishing year. Utilization of the DAS set-aside shall be on a first-come, 
first-served basis. When the DAS set-aside for observer coverage has 
been utilized, vessel owners shall be notified that no additional DAS 
remain available to offset the cost of carrying observers. The 
obligation to carry and pay for an observer shall not be waived due to 
the absence of set-aside DAS allocations.
    (2) DAS set-aside for research. As specified in paragraph (b)(2) of 
this section, to help support the activities of vessels participating in 
certain research, as specified in Sec. 648.56; the DAS set-aside for 
research is 235 DAS for the 2008 fishing year, and 282 DAS for the 2009 
fishing year. If the IFQ program implementation is delayed beyond March 
1, 2009, the 2009 DAS set-aside for research shall be 241 DAS. Vessels 
participating in approved research shall be authorized to use additional 
DAS in the applicable fishing year. Notification of allocated additional 
DAS shall be provided through a letter of authorization, or Exempted 
Fishing Permit issued by NMFS, or shall be added to a participating 
vessel's open area DAS allocation, as appropriate.
    (h) Annual Individual fishing quotas--(1) IFQ restriction. For each 
fishing year of the IFQ program, a vessel issued an IFQ scallop permit 
may only harvest and land the total amount of scallop meats allocated in 
accordance with this subpart. Unless otherwise specified in this part, a 
vessel allocated scallop IFQ may not exceed the possession limits 
specified in Sec. 648.52 on any trip.
    (2) Calculation of IFQ. The total allowable catch allocated to IFQ 
scallop vessels, and the total allowable catch allocated to limited 
access scallop vessels issued IFQ scallop permits, as specified in 
paragraphs (a)(3)(ii) and (iii) of this section, shall be used to 
determine the IFQ of each vessel issued an IFQ scallop permit. Each 
fishing year, the Regional Administrator shall provide the owner of a 
vessel issued an IFQ scallop permit issued pursuant to Sec. 
648.4(a)(2)(ii) with the scallop IFQ for the vessel for the upcoming 
fishing year.
    (i) Individual fishing quota. The IFQ for an IFQ scallop vessel 
shall be the vessel's contribution percentage as specified in paragraph 
(h)(2)(iii) of this section and determined using the steps specified in 
paragraphs (h)(2)(ii) of this section, multiplied by the TAC allocated 
to the IFQ scallop fishery, or limited access vessels issued an IFQ 
scallop permit, as specified in paragraphs (a)(3)(ii) and (iii) of this 
section.
    (ii) Contribution factor. An IFQ scallop vessel's contribution 
factor is calculated using the best year, years active, and index factor 
as specified in paragraphs (h)(2)(ii)(A) through (C) of this section. A 
vessel's contribution factor shall be provided to the owner of a 
qualified limited access general category vessel following initial 
application for an IFQ scallop permit as specified in Sec. 
648.4(a)(2)(ii)(E), consistent with confidentiality restrictions of the

[[Page 501]]

Magnuson-Stevens Act specified at 16 U.S.C. 1881a.
    (A) Best year determination. An eligible IFQ scallop vessel's 
highest scallop landings in any scallop fishing year that the vessel was 
issued a general category scallop permit between March 1, 2000, and 
November 1, 2004, shall be determined using NMFS dealer reports. Scallop 
landings in the 2004 fishing year must have occurred on or before 
November 1, 2004. If a dealer reported more than 400 lb (181.4 kg) of 
scallops landed on a trip, only 400 lb (181.4 kg) will be credited for 
that trip toward the best year calculation. For dealer reports that 
indicate clearly that the landings were bushels of in-shell scallops, a 
conversion of 8.33 lb (3.78 kg) of scallop meats per bushel shall be 
used to calculate meat-weight, up to a maximum of 400 lb (181.4 kg) per 
trip.
    (B) Years active. For each eligible IFQ scallop vessel, the total 
number of scallop fishing years during the period March 1, 2000, through 
November 1, 2004, in which the vessel had a general category scallop 
permit and landed at least 1 lb (0.45 kg) of scallop meats, or in-shell 
scallops, shall be counted as active years based on NMFS dealer reports. 
Scallop landings in the 2004 fishing year must have occurred on or 
before November 1, 2004.
    (C) Index to determine contribution factor. For each eligible IFQ 
scallop vessel, the best year as determined pursuant to paragraph 
(a)(2)(ii)(E)(1) of this section shall be multiplied by the appropriate 
index factor specified in the following table, based on years active as 
specified in paragraph (a)(2)(ii)(E)(2) of this section. The resulting 
contribution factor shall determine its IFQ for each fishing year based 
on the allocation to general category scallop vessels as specified in 
Sec. 648.53(a)(2) and the method of calculating the IFQ provided in 
Sec. 648.53(h).

------------------------------------------------------------------------
                      Years active                         Index factor
------------------------------------------------------------------------
1......................................................            0.75
2......................................................            0.875
3......................................................            1.0
4......................................................            1.125
5......................................................            1.25
------------------------------------------------------------------------

    (D) Contribution factor example. If a vessel landed 48,550 lb 
(22,022 kg) of scallops in its best year, and was active in the general 
category scallop fishery for 5 years, the vessel's contribution factor 
is equal to 60,687 lb (27,527 kg) (48,550 lb (22,022 kg * 1.25).
    (iii) Contribution percentage. A vessel's contribution percentage 
will be determined by dividing its contribution factor by the sum of the 
contribution factors of all vessels issued an IFQ scallop permit. The 
sum of the contribution factors shall be determined when all IFQ scallop 
vessels are identified. Continuing the example in paragraph 
(h)(1)(ii)(D) of this section, the sum of the contribution factors for 
380 IFQ scallop vessels is estimated for the purpose of this example to 
be 4.18 million lb (1,896 mt). The contribution percentage of the above 
vessel is 1.45 percent (60,687 lb (27,527 kg) /4.18 million lb (1,896 
mt) = 1.45 percent).
    (iv) Vessel IFQ Example. Continuing the example in paragraphs 
(h)(1)(ii)(D) and (h)(1)(iii) of this section, with a TAC allocated to 
IFQ scallop vessels estimated for this example to be equal to 2.5 
million lb (1,134 mt), the vessel's IFQ would be 36,250 lb (16,443 kg) 
(1.45 percent * 2.5 million lb (1,134 mt)).
    (3) IFQ ownership restrictions--(i) IFQ scallop vessel IFQ cap. (A) 
Unless otherwise specified in paragraph (h)(3)(i)(B) and (C) of this 
section, a vessel issued an IFQ scallop permit or confirmation of permit 
history shall not be issued more than 2 percent of the TAC allocated to 
the IFQ scallop vessels as described in paragraphs (a)(3)(ii) and (iii) 
of this section.
    (B) A vessel may be initially issued more than 2 percent of the TAC 
allocated to the IFQ scallop vessels as described in paragraphs 
(a)(3)(ii) and (iii) of this section, if the initial determination of 
its contribution factor specified in accordance with Sec. 
648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section, results in 
an IFQ that exceeds 2 percent of the TAC allocated to the IFQ scallop 
vessels as described in paragraphs (a)(3)(ii) and (iii) of this section. 
A vessel that is allocated an IFQ that exceeds 2 percent of the TAC 
allocated to the IFQ scallop vessels as described in paragraphs 
(a)(3)(ii) and (iii) of this section in accordance with this paragraph 
(h)(3)(i)(B), may not transfer IFQ to that vessel, as specified in 
paragraph (h)(5) of this section.

[[Page 502]]

    (C) A vessel initially issued a 2008 IFQ scallop permit or 
confirmation of permit history, or issued or renewed a limited access 
scallop permit or confirmation of permit history for a vessel in 2009 
and thereafter, in compliance with the ownership restrictions in 
paragraph (h)(3)(i)(A) of this section, are eligible to renew such 
permits(s) and/or confirmation(s) of permit history, regardless of 
whether the renewal of the permits or confirmations of permit history 
will result in the 2-percent ownership restriction being exceeded.
    (ii) IFQ ownership cap. (A) For any vessel acquired after June 1, 
2008, a vessel owner is not eligible to be issued an IFQ scallop permit 
for the vessel, and/or a confirmation of permit history, and is not 
eligible to transfer IFQ to the vessel, if, as a result of the issuance 
of the permit and/or confirmation of permit history, or IFQ transfer, 
the vessel owner, or any other person who is a shareholder or partner of 
the vessel owner, will have an ownership interest in more than 5 percent 
of the TAC allocated to the IFQ scallop vessels as described in 
paragraphs (a)(3)(ii) and (iii) of this section.
    (B) Vessel owners who were initially issued a 2008 IFQ scallop 
permit or confirmation of permit history, or who were issued or renewed 
a limited access scallop permit or confirmation of permit history for a 
vessel in 2009 and thereafter, in compliance with the ownership 
restrictions in paragraph (h)(3)(ii)(A) of this section, are eligible to 
renew such permits(s) and/or confirmation(s) of permit history, 
regardless of whether the renewal of the permits or confirmations of 
permit history will result in the 5-percent ownership restriction being 
exceeded.
    (C) Having an ownership interest includes, but is not limited to, 
persons who are shareholders in a vessel owned by a corporation, who are 
partners (general or limited) to a vessel owner, or who, in any way, 
partly own a vessel.
    (iii) Limited access scallop vessels that have been issued an IFQ 
scallop permit. The IFQ scallop vessel IFQ cap and IFQ ownership cap 
specified in this paragraph (h)(3) do not apply to limited access 
scallop vessels that are also issued a limited access general category 
scallop permit because such vessels are already subject to an ownership 
limitation, as specified in Sec. 648.4(a)(2)(i)(M).
    (4) IFQ cost recovery. A fee, not to exceed 3 percent of the ex-
vessel value of IFQ fish harvested, shall be collected to recover the 
costs associated with management, data collection, and enforcement of 
the IFQ program. The owner of a vessel issued an IFQ scallop permit and 
subject to the IFQ program specified in this paragraph (h), shall be 
responsible for paying the fee as specified by NMFS in this paragraph 
(h)(4). An IFQ scallop vessel shall incur a cost recovery fee liability 
for every landing of IFQ scallops. The IFQ scallop permit holder shall 
be responsible for collecting his/her own fee for all of his/her IFQ 
scallop landings, and shall be responsible for submitting this payment 
to NMFS once per year.
    (i) Cost recovery fee determination. The ex-vessel value of scallops 
shall be determined as an average of the ex-vessel value, as determined 
by Northeast Federal dealer reports, of all IFQ scallops landed between 
March 1 and September 30 of the initial year of the IFQ scallop program, 
and from October 1 through September 30 of each year thereafter.
    (ii) Fee payment procedure. On or about October 31 of each year, 
NMFS shall mail a cost recovery bill to each IFQ scallop permit holder 
for the previous cost recovery period. An IFQ scallop permit holder who 
has incurred a fee must pay the fee to NMFS by January 1 of each year. 
Cost recovery payments shall be made electronically via the Federal web 
portal, www.pay.gov, or other Internet sites as designated by the 
Regional Administrator. Instructions for electronic payment shall be 
available on both the payment Web site and the paper bill. Payment 
options shall include payment via a credit card, as specified in the 
cost recovery bill, or via direct automated clearing house (ACH) 
withdrawal from a designated checking account. Payment by check may be 
authorized by NMFS if it has determined that electronic payment is not 
possible (for example, if the geographical area of an individual(s) is 
affected by catastrophic conditions).
    (iii) Payment compliance. An IFQ scallop permit holder that has 
incurred an

[[Page 503]]

IFQ cost recovery fee must pay the fee to NMFS by January 1 of each 
year. If the cost recovery payment, as determined by NMFS, is not made 
by January 1, NMFS may deny the renewal of the IFQ scallop permit until 
full payment is received. If, upon preliminary review of the accuracy 
and completeness of a fee payment, NMFS determines the IFQ scallop 
permit holder has not paid the full amount due, NMFS shall notify the 
IFQ scallop permit holder by letter. NMFS shall explain the discrepancy 
and provide the IFQ scallop permit holder 30 days to either pay the 
amount specified by NMFS or to provide evidence that the amount paid was 
correct. If the IFQ scallop permit holder submits evidence in support of 
his/her payment, NMFS shall determine if there is any remaining 
disagreement as to the appropriate IFQ fee, and prepare a Final 
Administrative Determination (FAD). The FAD shall set out the facts, 
discuss those facts within the context of the relevant agency policies 
and regulations, and make a determination as to the appropriate 
disposition of the matter. A FAD shall be the final agency action, and, 
if the FAD determines that the IFQ scallop permit holder is out of 
compliance, the FAD shall require payment within 30 days. If a FAD is 
not issued until after the start of the fishing year, the IFQ scallop 
permit holder may be authorized to fish temporarily by the Regional 
Administrator until the FAD is issued, at which point the permit holder 
shall have 30 days to comply with the terms of the FAD or the IFQ 
scallop permit shall not be issued until such terms are met. If NMFS 
determines that the IFQ scallop permit holder owes additional fees for 
the previous cost recovery period, and the IFQ scallop permit has 
already been renewed, NMFS shall issue a FAD, at which point the permit 
holder shall have 30 days to comply with the terms of the FAD or NMFS 
may withdraw the issuance of the IFQ scallop permit until such terms are 
met. If such payment is not received within 30 days of issuance of the 
FAD, NMFS shall refer the matter to the appropriate authorities within 
the U.S. Department of the Treasury for purposes of collection, and no 
IFQ permit held by the permit holder may be renewed until the terms of 
the FAD are met. If NMFS determines that the conditions of the FAD have 
been met, the IFQ permit holder may renew the IFQ scallop permit(s). If 
NMFS does not receive full payment prior to the end of the fishing year, 
the IFQ scallop permit shall be considered voluntarily abandoned, 
pursuant to Sec. 648.4(a)(2)(ii)(K), unless otherwise determined by the 
Regional Administrator.
    (5) Transferring IFQ--(i) Temporary IFQ transfers. Subject to the 
restrictions in paragraph (h)(5)(iii) of this section, the owner of an 
IFQ scallop vessel not issued a limited access scallop permit may 
temporarily transfer one or more entire IFQs to or from another IFQ 
scallop vessel. Temporary IFQ transfers shall be effective only for the 
fishing year in which the temporary transfer is requested and processed. 
The Regional Administrator has final approval authority for all 
temporary IFQ transfer requests.
    (ii) Permanent IFQ transfers. Subject to the restrictions in 
paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop 
vessel not issued a limited access scallop permit may transfer one or 
more entire IFQs permanently to or from another IFQ scallop vessel. A 
vessel permanently transferring its IFQ to another vessel must transfer 
all of its Federal limited access permits for which it is eligible to 
the transferee vessel in accordance with the vessel replacement 
restrictions under Sec. 648.4, or permanently cancel such permits. Any 
such transfer cannot be limited in duration and is permanent unless the 
IFQ is subsequently transferred to another IFQ scallop vessel, other 
than the originating IFQ scallop vessel, in a subsequent fishing year. 
The Regional Administrator has final approval authority for all IFQ 
transfer requests.
    (iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel 
not issued a limited access scallop permit may transfer entire IFQ 
allocations only. The owner of an IFQ scallop vessel not issued a 
limited access scallop permit that has fished under its IFQ in a fishing 
year may not transfer that vessel's IFQ to another IFQ scallop vessel in 
the same fishing year. A transfer of an IFQ may not result in the sum of

[[Page 504]]

the IFQs on the receiving vessel exceeding 2 percent of the total 
allowable catch allocated to IFQ scallop vessels. Limited access scallop 
vessels that are also issued an IFQ scallop permit may not transfer or 
receive IFQ from another IFQ scallop vessel, either temporarily or 
permanently. A vessel permanently transferring its IFQ to another vessel 
must transfer all of its Federal limited access permits for which it is 
eligible to the transferee vessel in accordance with the vessel 
replacement restrictions under Sec. 648.4, or permanently cancel such 
permits.
    (iv) Application for an IFQ transfer. The owner of vessels applying 
for a transfer IFQ must submit a completed application form obtained 
from the Regional Administrator. The application must be signed by both 
parties (transferor and transferee) involved in the transfer of the IFQ, 
and must be submitted to the NMFS Northeast Regional Office at least 30 
days before the date on which the applicants desire to have the IFQ 
effective on the receiving vessel. The Regional Administrator shall 
notify the applicants of any deficiency in the application pursuant to 
this section. Applications may be submitted at any time during the 
scallop fishing year, provided the vessel transferring the IFQ to 
another vessel has not utilized any of its own IFQ in that fishing year. 
Applications for temporary transfers received 45 days prior to the end 
of the fishing year may not be processed in time for a vessel to utilize 
the transferred IFQ prior to the expiration of the fishing year for 
which the IFQ transfer, if approved, would be effective.
    (A) Application information requirements. An application to transfer 
IFQ must contain at least the following information: Transferor's name, 
vessel name, permit number, and official number or state registration 
number; transferee's name, vessel name, permit number and official 
number or state registration number; total price paid for purchased IFQ; 
signatures of transferor and transferee; and date the form was 
completed. Information obtained from the transfer application will be 
held confidential, and will be used only in summarized form for 
management of the fishery. If applicable, an application for a permanent 
IFQ transfer must be accompanied by verification, in writing, that the 
transferor either has requested cancellation of all limited access 
Federal fishing permits, or has applied for a transfer of all of its 
limited access permits in accordance with the vessel replacement 
restrictions under Sec. 648.4.
    (B) Approval of IFQ transfer applications. Unless an application to 
transfer IFQ is denied according to paragraph (h)(5)(iii)(C) of this 
section, the Regional Administrator shall issue confirmation of 
application approval to both parties involved in the transfer within 45 
days of receipt of an application.
    (C) Denial of transfer application. The Regional Administrator may 
reject an application to transfer IFQ for the following reasons: The 
application is incomplete; the transferor or transferee does not possess 
a valid limited access general category permit; the transferor's or 
transferee's vessel or IFQ scallop permit has been sanctioned, pursuant 
to an enforcement proceeding; the transferor's or transferee's vessel is 
prohibited from fishing; the transfer will result in the transferee's 
vessel having an allocation that exceeds 2 percent of the total 
allowable catch allocated to IFQ scallop vessels; the transfer will 
result in the transferee having ownership of general category scallop 
allocation that exceeds 5 percent of the total allowable catch allocated 
to IFQ scallop vessels; or any other failure to meet the requirements of 
this subpart. Upon denial of an application to transfer IFQ, the 
Regional Administrator shall send a letter to the applicants describing 
the reason(s) for the rejection. The decision by the Regional 
Administrator is the final agency decision and there is no opportunity 
to appeal the Regional Administrator's decision.

[73 FR 20123, Apr. 14, 2008, as amended at 73 FR 30804, May 29, 2008; 74 
FR 20555, May 4, 2008]



Sec. 648.54  State waters exemption.

    (a) State eligibility for exemption. (1) A state may be eligible for 
a state waters exemption if it has a scallop fishery and a scallop 
conservation program that does not jeopardize the biomass

[[Page 505]]

and fishing mortality/effort limit objectives of the Scallop FMP.
    (2) The Regional Administrator shall determine which states have a 
scallop fishery and which of those states have a scallop conservation 
program that does not jeopardize the biomass and fishing mortality/
effort limit objectives of the Scallop FMP. In such case, the Regional 
Administrator shall publish a rule in the Federal Register, in 
accordance with the Administrative Procedure Act, to provide the 
exemption for such states.
    (3) A state that has been issued a state waters exemption under 
paragraph (a)(4) of this section must immediately notify the Regional 
Administrator of any changes in its scallop conservation program. The 
Regional Administrator shall review these changes and, if a 
determination is made that the state's conservation program jeopardizes 
the biomass and fishing mortality/effort limit objectives of the FMP, or 
that the state no longer has a scallop fishery, the Regional 
Administrator shall publish a rule in the Federal Register, in 
accordance with the Administrative Procedure Act, to eliminate the 
exemption for that state.
    (4) The Regional Administrator has determined that the State of 
Maine has a scallop fishery conservation program for its scallop fishery 
that does not jeopardize the biomass and fishing mortality/effort limit 
objectives of the Scallop FMP. A vessel fishing in State of Maine waters 
may fish under the State of Maine state waters exemption, subject to the 
exemptions specified in paragraphs (b) and (c) of this section, provided 
the vessel is in compliance with paragraphs (d) through (g) of this 
section.
    (b) Limited access scallop vessel exemption. Any vessel issued a 
limited access scallop permit is exempt from the DAS requirements 
specified in Sec. 648.53(b) while fishing exclusively landward of the 
outer boundary of the waters of a state that has been issued a state 
waters exemption under paragraph (a)(4) of this section, provided the 
vessel complies with paragraphs (d) through (g) of this section.
    (c) Gear and possession limit restrictions. Any vessel issued a 
limited access scallop permit, an LAGC NGOM, or an LAGC IFQ scallop 
permit is exempt from the minimum twine top mesh size for scallop dredge 
gear specified in Sec. 648.51(b)(4)(iv) while fishing exclusively 
landward of the outer boundary of the waters of the State of Maine under 
the state waters exemption specified in paragraph (a)(4) of this 
section, provided the vessel is in compliance with paragraphs (d) 
through (g) of this section.
    (d) Notification requirements. Vessels fishing under the exemptions 
specified in paragraph (b) and/or (c) of this section must notify the 
Regional Administrator in accordance with the provisions of Sec. 
648.10(e).
    (e) Restriction on fishing in the EEZ. A vessel fishing under a 
state waters exemption may not fish in the EEZ during the time in which 
it is fishing under the state waters exemption, as declared under the 
notification requirements of this section.
    (f) Duration of exemption. An exemption expires upon a change in the 
vessel's name or ownership, or upon notification through VMS by the 
participating vessel's owner.
    (g) Applicability of other provisions of this part. A vessel fishing 
under the exemptions provided by paragraphs (b) and/or (c) of this 
section remains subject to all other requirements of this part.

[69 FR 35215, June 23, 2004, as amended at 71 FR 33227, June 8, 2006; 73 
FR 20128, Apr. 14, 2008; 74 FR 20555, May 4, 2009; 74 FR 37593, July 30, 
2009]



Sec. 648.55  Framework adjustments to management measures.

    (a) Biennially, or upon a request from the Council, the Regional 
Administrator shall provide the Council with information on the status 
of the scallop resource. Within 60 days of receipt of that information, 
the Council PDT shall assess the condition of the scallop resource to 
determine the adequacy of the management measures to achieve scallop 
resource conservation objectives. Based on this information, the PDT 
shall prepare a Stock Assessment and Fishery Evaluation (SAFE) Report 
that provides the information and analysis needed to evaluate potential 
management adjustments. Based on this information and analysis, the

[[Page 506]]

Council shall initiate a framework adjustment to establish or revise 
total allowable catch, DAS allocations, rotational area management 
programs, percentage allocations for limited access general category 
vessels in Sea Scallop Access Areas, scallop possession limits, or other 
measures to achieve FMP objectives and limit fishing mortality. The 
Council's development of an area rotation program shall take into 
account at least the following factors: General rotation policy; 
boundaries and distribution of rotational closures; number of closures; 
minimum closure size; maximum closure extent; enforceability of 
rotational closed and re-opened areas; monitoring through resource 
surveys; and re-opening criteria. Rotational Closures should be 
considered where projected annual change in scallop biomass is greater 
than 30 percent. Areas should be considered for Sea Scallop Access Areas 
where the projected annual change in scallop biomass is less than 15 
percent.
    (b) The preparation of the SAFE Report shall begin on or about June 
1 of the year preceding the fishing year in which measures will be 
adjusted. If the biennial framework action is not undertaken by the 
Council, or if a final rule resulting from a biennial framework is not 
published in the Federal Register with an effective date on or before 
March 1, in accordance with the Administrative Procedure Act, the 
measures from the most recent fishing year shall continue, beginning 
March 1 of each fishing year.
    (c) In the SAFE Report, the Scallop PDT shall review and evaluate 
the existing management measures to determine if the measures are 
achieving the FMP objectives and OY from the scallop resource as a 
whole. In doing so, the PDT shall consider the effects of any closed 
areas, either temporary, indefinite, or permanent, on the ability of the 
FMP to achieve OY and prevent overfishing on a continuing basis, as 
required by National Standard 1 of the Magnuson-Stevens Act. If the 
existing management measures are deemed insufficient to achieve FMP 
objectives and/or are not expected to achieve OY and prevent overfishing 
on a continuing basis, the PDT shall recommend to the Council 
appropriate measures and alternatives that will meet FMP objectives, 
achieve OY, and prevent overfishing on a continuing basis. When making 
the status determination in the SAFE Report, the PDT shall calculate the 
stock biomass and fishing mortality for the entire unit stock and 
consider all sources of scallop mortality to compare with the minimum 
biomass and maximum fishing mortality thresholds.
    (d) In order to assure that OY is achieved and overfishing is 
prevented, on a continuing basis, the PDT shall recommend management 
measures necessary to achieve optimum yield-per-recruit from the 
exploitable components of the resource (e.g., those components available 
for harvest in the upcoming fishing years), taking into account at least 
the following factors:
    (1) Differential fishing mortality rates for the various spatial 
components of the resource;
    (2) Overall yields from the portions of the scallop resource 
available to the fishery;
    (3) Outlook for phasing in and out closed or controlled access areas 
under the Area Rotation Program; and
    (4) Potential adverse impacts on EFH.
    (e) After considering the PDT's findings and recommendations, or at 
any other time, if the Council determines that adjustments to, or 
additional management measures are necessary, it shall develop and 
analyze appropriate management actions over the span of at least two 
Council meetings. To address interactions between the scallop fishery 
and sea turtles and other protected species, such adjustments may 
include proactive measures including, but not limited to, the timing of 
Sea Scallop Access Area openings, seasonal closures, gear modifications, 
increased observer coverage, and additional research. The Council shall 
provide the public with advance notice of the availability of both the 
proposals and the analyses, and opportunity to comment on them prior to 
and at the second Council meeting. The Council's recommendation on 
adjustments or additions to management measures must include measures to 
prevent overfishing of the available

[[Page 507]]

biomass of scallops and ensure that OY is achieved on a continuing 
basis, and must come from one or more of the following categories:
    (1) Total allowable catch and DAS changes;
    (2) Shell height;
    (3) Offloading window reinstatement;
    (4) Effort monitoring;
    (5) Data reporting;
    (6) Trip limits;
    (7) Gear restrictions;
    (8) Permitting restrictions;
    (9) Crew limits;
    (10) Small mesh line;
    (11) Onboard observers;
    (12) Modifications to the overfishing definition;
    (13) VMS Demarcation Line for DAS monitoring;
    (14) DAS allocations by gear type;
    (15) Temporary leasing of scallop DAS requiring full public 
hearings;
    (16) Scallop size restrictions, except a minimum size or weight of 
individual scallop meats in the catch;
    (17) Aquaculture enhancement measures and closures;
    (18) Closed areas to increase the size of scallops caught;
    (19) Modifications to the opening dates of closed areas;
    (20) Size and configuration of rotational management areas;
    (21) Controlled access seasons to minimize bycatch and maximize 
yield;
    (22) Area-specific trip allocations;
    (23) TAC specifications and seasons following re-opening;
    (24) Limits on number of area closures;
    (25) TAC or DAS set-asides for funding research;
    (26) Priorities for scallop-related research that is funded by a TAC 
or DAS set-aside;
    (27) Finfish TACs for controlled access areas;
    (28) Finfish possession limits;
    (29) Sea sampling frequency;
    (30) Area-specific gear limits and specifications;
    (31) Modifications to provisions associated with observer set-
asides; observer coverage; observer deployment; observer service 
provider; and/or the observer certification regulations;
    (32) Specifications for IFQs for limited access general category 
vessels;
    (33) Revisions to the cost recovery program for IFQs;
    (34) Development of general category fishing industry sectors and 
fishing cooperatives;
    (35) Adjustments to the Northern Gulf of Maine scallop fishery 
measures;
    (36) VMS requirements; and
    (37) Any other management measures currently included in the FMP.
    (f) The Council must select an alternative that will achieve OY and 
prevent overfishing on a continuing basis, and which is consistent with 
other applicable law. If the Council fails to act or does not recommend 
an approvable alternative, the Regional Administrator may select one of 
the alternatives developed and recommended by the PDT, which would 
achieve OY and prevent overfishing on a continuing basis and is 
consistent with applicable law, and shall implement such alternative 
pursuant to the Administrative Procedure Act.
    (g) The Council may make recommendations to the Regional 
Administrator to implement measures in accordance with the procedures 
described in this subpart to address gear conflict as defined under 
Sec. 600.10 of this chapter. In developing such recommendation, the 
Council shall define gear management areas, each not to exceed 2,700 
mi\2\ (6,993 km\2\), and seek industry comments by referring the matter 
to its standing industry advisory committee for gear conflict, or to any 
ad hoc industry advisory committee that may be formed. The standing 
industry advisory committee or ad hoc committee on gear conflict shall 
hold public meetings seeking comments from affected fishers and develop 
findings and recommendations on addressing the gear conflict. After 
receiving the industry advisory committee findings and recommendations, 
or at any other time, the Council shall determine whether it is 
necessary to adjust or add management measures to address gear conflicts 
and which FMPs must be modified to address such conflicts. If the 
Council determines that adjustments or additional measures are 
necessary, it shall develop and analyze appropriate management actions 
for the relevant FMPs over the span of at least two Council meetings. 
The Council

[[Page 508]]

shall provide the public with advance notice of the availability of the 
recommendation, the appropriate justification and economic and 
biological analyses, and opportunity to comment on them prior to and at 
the second or final Council meeting before submission to the Regional 
Administrator. The Council's recommendation on adjustments or additions 
to management measures for gear conflicts must come from one or more of 
the following categories:
    (1) Monitoring of a radio channel by fishing vessels.
    (2) Fixed gear location reporting and plotting requirements.
    (3) Standards of operation when gear conflict occurs.
    (4) Fixed gear marking and setting practices.
    (5) Gear restrictions for specific areas (including time and area 
closures).
    (6) VMS.
    (7) Restrictions on the maximum number of fishing vessels or amount 
of gear.
    (8) Special permitting conditions.
    (h) The measures shall be evaluated and approved by the relevant 
committees with oversight authority for the affected FMPs. If there is 
disagreement between committees, the Council may return the proposed 
framework adjustment to the standing or ad hoc gear conflict committee 
for further review and discussion.
    (i) Unless otherwise specified, after developing a framework 
adjustment and receiving public testimony, the Council shall make a 
recommendation to the Regional Administrator. The Council's 
recommendation must include supporting rationale and, if management 
measures are recommended, an analysis of impacts and a recommendation to 
the Regional Administrator on whether to publish the framework 
adjustment as a final rule. If the Council recommends that the framework 
adjustment should be published as a final rule, the Council must 
consider at least the following factors and provide support and analysis 
for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry, 
consistent with the Administrative Procedure Act, in the development of 
the Council's recommended management measures.
    (3) Whether there is an immediate need to protect the resource or to 
impose management measures to resolve gear conflicts.
    (4) Whether there will be a continuing evaluation of management 
measures adopted following their promulgation as a final rule.
    (j) If the Council's recommendation includes adjustments or 
additions to management measures, and if, after reviewing the Council's 
recommendation and supporting information:
    (1) The Regional Administrator approves the Council's recommended 
management measures, the Secretary may, for good cause found pursuant to 
the Administrative Procedure Act, waive the requirement for a proposed 
rule and opportunity for public comment in the Federal Register. The 
Secretary, in doing so, shall publish only the final rule. Submission of 
a recommendation by the Council for a final rule does not effect the 
Secretary's responsibility to comply with the Administrative Procedure 
Act; or
    (2) The Regional Administrator approves the Council's recommendation 
and determines that the recommended management measures should be 
published first as a proposed rule, the action shall be published as a 
proposed rule in the Federal Register. After additional public comment, 
if the Regional Administrator concurs with the Council recommendation, 
the action shall be published as a final rule in the Federal Register; 
or
    (3) The Regional Administrator does not concur, the Council shall be 
notified, in writing, of the reasons for the non-concurrence.
    (k) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action

[[Page 509]]

under Sec. 305(c) of the Magnuson-Stevens Act.

[69 FR 35215, June 23, 2004, as amended at 69 FR 63474, Nov. 2, 2004; 71 
FR 33228, June 8, 2006; 72 FR 32559, June 13, 2007; 73 FR 4753, Jan. 28, 
2008; 73 FR 20128, Apr. 14, 2008]



Sec. 648.56  Scallop research.

    (a) Annually, the Council and NMFS shall prepare and issue a Request 
for Proposals (RFP) that identifies research priorities for projects to 
be conducted by vessels using research set-aside as specified in 
Sec. Sec. 648.53(b)(3) and 648.60(e).
    (b) Proposals submitted in response to the RFP must include the 
following information, as well as any other specific information 
required within the RFP: A project summary that includes the project 
goals and objectives; the relationship of the proposed research to 
scallop research priorities and/or management needs; project design; 
participants other than the applicant, funding needs, breakdown of 
costs, and the vessel(s) for which authorization is requested to conduct 
research activities.
    (c) NMFS shall make the final determination as to what proposals are 
approved and which vessels are authorized to take scallops in excess of 
possession limits, utilize DAS set-aside for research, or take 
additional trips into Access Areas. NMFS shall provide authorization of 
such activities to specific vessels by letter of acknowledgement, letter 
of authorization, or Exempted Fishing Permit issued by the Regional 
Administrator, which must be kept on board the vessel.
    (d) Upon completion of scallop research projects approved under this 
part, researchers must provide the Council and NMFS with a report of 
research findings, which must include: A detailed description of methods 
of data collection and analysis; a discussion of results and any 
relevant conclusions presented in a format that is understandable to a 
non-technical audience; and a detailed final accounting of all funds 
used to conduct the sea scallop research.



Sec. 648.57  Sea scallop area rotation program.

    An area rotation program is established for the scallop fishery, 
which may include areas closed to scallop fishing defined in Sec. 
648.58, and/or Sea Scallop Access Areas defined in Sec. 648.59, subject 
to the Sea Scallop Area Access program requirements specified in Sec. 
648.60. Areas not defined as Rotational Closed Areas, Sea Scallop Access 
Areas, EFH Closed Areas, or areas closed to scallop fishing under other 
FMPs, are open to scallop fishing as governed by the other management 
measures and restrictions in this part. The Council's development of 
area rotation programs is subject to the framework adjustment process 
specified in Sec. 648.55, including the Area Rotation Program factors 
included in Sec. 648.55(a). The percentage of the total allowable catch 
for each Sea Scallop Access Area that is allocated to limited access 
scallop vessels and limited access general category scallop vessels 
shall be specified in Sec. 648.59 through the framework adjustment 
process specified in Sec. 648.55.

[73 FR 20129, Apr. 14, 2008]



Sec. 648.58  Rotational Closed Areas.

    (a) Hudson Canyon Closed Area. No vessel may fish for scallops in, 
or possess or land scallops from, the area known as the Hudson Canyon 
Closed Area. No vessel may possess scallops in the Hudson Canyon Closed 
Area, unless such vessel is only transiting the area as provided in 
paragraph (c) of this section. The Hudson Canyon Closed Area is defined 
by straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
H1.............................  39[deg]30[min] N.    73[deg]10[min] W.
H2.............................  39[deg]30[min] N.    72[deg]30[min] W.
H3.............................  38[deg]30[min] N.    73[deg]30[min] W.
H4.............................  38[deg]50[min] N.    73[deg]30[min] W.
H5.............................  38[deg]50[min] N.    73[deg]42[min] W.
H1.............................  39[deg]30[min] N.    73[deg]10[min] W.
------------------------------------------------------------------------

    (b) Delmarva Closed Area. No vessel may fish for scallops in, or 
possess or land scallops from, the area known as the Delmarva Closed 
Area. No vessel may possess scallops in the Delmarva Closed Area, unless 
such vessel is only transiting the area as provided in paragraph (b) of 
this section. The Delmarva Closed Area is defined by straight lines

[[Page 510]]

connecting the following points in the order stated (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
DMV1...........................  38[deg]10[min] N.    74[deg]50[min] W.
DMV2...........................  38[deg]10[min] N.    74[deg]00[min] W.
DMV3...........................  37[deg]15[min] N.    74[deg]00[min] W.
DMV4...........................  37[deg]15[min] N.    74[deg]50[min] W.
DMV1...........................  38[deg]10[min] N.    74[deg]50[min] W.
------------------------------------------------------------------------

    (c) Transiting. No vessel possessing scallops may enter or be in the 
area(s) specified in paragraphs (a) and (b) of this section unless the 
vessel is transiting the area and the vessel's fishing gear is 
unavailable for immediate use as defined in Sec. 648.23(b), or there is 
a compelling safety reason to be in such areas.
    (d) Vessels fishing for species other than scallops. A vessel may 
fish for species other than scallops within the closed areas specified 
in paragraphs (a) and (b) of this section as allowed in this part, 
provided the vessel does not fish for, catch, or retain scallops or 
intend to fish for, catch, or retain scallops. Declaration through VMS 
that the vessel is fishing in the general category scallop fishery is 
deemed to be an intent to fish for, catch, or retain scallops.

[71 FR 33228, June 8, 2006, as amended by 72 FR 72629, Dec. 21, 2007; 73 
FR 30807, May 29, 2008]



Sec. 648.59  Sea Scallop Access Areas.

    (a) Delmarva Sea Scallop Access Area. (1) From March 1, 2009, 
through February 28, 2010, a vessel issued a scallop permit may fish 
for, possess, or land scallops in or from the area known as the Delmarva 
Sea Scallop Access Area, described in paragraph (a)(2) of this section, 
only if the vessel is participating in, and complies with the 
requirements of, the area access program described in Sec. 648.60.
    (2) The Delmarva Sea Scallop Access Area is defined by straight 
lines connecting the following points in the order stated (copies of a 
chart depicting this area are available from the Regional Administrator 
upon request):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
DMV1...........................  38[deg]10[min] N.    74[deg]50[min] W.
DMV2...........................  38[deg]10[min] N.    74[deg]00[min] W.
DMV3...........................  37[deg]15[min] N.    74[deg]00[min] W.
DMV4...........................  37[deg]15[min] N.    74[deg]50[min] W.
DMV1...........................  38[deg]10[min] N.    74[deg]50[min] W.
------------------------------------------------------------------------

    (3) Number of trips--(i) Limited access vessels. Based on its permit 
category, a vessel issued a limited access scallop permit may fish no 
more than the maximum number of trips in the Delmarva Access Area as 
specified in Sec. 648.60(a)(3)(i), unless the vessel owner has made an 
exchange with another vessel owner whereby the vessel gains a Delmarva 
Access Area trip and gives up a trip into another Sea Scallop Access 
Area, as specified in Sec. 648.60(a)(3)(i), or unless the vessel is 
taking a compensation trip for a prior Delmarva Access Area trip that 
was terminated early, as specified in Sec. 648.60(c). The number of 
trips allocated to limited access vessels in the Delmarva Access Area 
shall be based on the TAC for the access area, which shall be determined 
through the annual framework process and specified in this paragraph 
(a)(5)(i). The 2009 Delmarva Access Area scallop quota for limited 
access scallop vessels is 5,529,000 lb (2,508 mt), unless reduced per 
Sec. 648.60(a)(3)(i)(E)(3).
    (ii) LAGC scallop vessels. (A) The percentage of the Delmarva Access 
Area TAC to be allocated to LAGC scallop vessels shall be specified in 
this paragraph (a)(3)(ii)(A) through the framework adjustment process 
and shall determine the number of trips allocated to LAGC scallop 
vessels as specified in paragraph (a)(3)(ii)(B) of this section. LAGC 
vessels will be allocated 291,000 lb (132 mt), which is 5 percent of the 
2009 Delmarva Access Area TAC.
    (B) Based on the TAC specified in paragraph (a)(3)(ii)(A) of this 
section, LAGC scallop vessels shall be allocated 728 trips to the 
Delmarva Access Area, unless reduced per Sec. 648.60(a)(3)(i)(E)(3). 
The Regional Administrator shall notify all LAGC scallop vessels of the 
date when 728 trips have been, or are projected to be, taken. Except as 
provided in paragraph (d)(5)(ii)(C) of this section, an LAGC scallop 
vessel may not fish for, possess, or land sea scallops in or from the 
Delmarva Access Area, or enter the Delmarva Access Area on a declared 
LAGC scallop trip once the Regional Administrator has

[[Page 511]]

provided notification in the Federal Register, in accordance with Sec. 
648.60(g)(4), of the date that the allocated number of trips for the 
applicable fishing year have been taken, in total, by all LAGC scallop 
vessels, unless transiting pursuant to paragraph (f) of this section.
    (b) Closed Area I Access Area. This area shall be managed on a 3-
year cycle, with a 1-year closure, followed by a 2-year Area Access 
Program, as follows:
    (1) Through February 28, 2007, and every third fishing year 
thereafter (i.e., March 1, 2009, through February 28, 2010, etc.) 
vessels issued scallop permits, except vessels issued a NE Multispecies 
permit and a general category scallop permit and fishing in an approved 
SAP under Sec. 648.85 and under multispecies DAS, may not fish for, 
possess, or land scallops in or from, the area known as the Closed Area 
I Access Area, described in paragraph (b)(3) of this section, unless 
transiting pursuant to paragraph (f) of this section.
    (2) Beginning March 1, 2007, through February 28, 2009, and for 
every 2-year period, based on the fishing year, after the year-long 
closure described in paragraph (b)(1) of this section (i.e., March 1, 
2010 through February 29, 2012, etc.), and subject to the seasonal 
restrictions specified in paragraph (b)(4) of this section, a vessel 
issued a scallop permit may fish for, possess, and land scallops in or 
from, the area known as the Closed Area I Access Area, described in 
paragraph (b)(3) of this section, only if the vessel is participating 
in, and complies with the requirements of, the area access program 
described in Sec. 648.60.
    (3) The Closed Area I Access Area is defined by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request):

------------------------------------------------------------------------
              Point                     Latitude           Longitude
------------------------------------------------------------------------
CAIA1............................  41[deg]26[min] N.   68[deg]30[min] W.
CAIA2............................  41[deg]09[min] N.   68[deg]30[min] W.
CAIA3............................  41[deg]4.54[min]    69[deg]0.9[min]
                                    N.                  W.
CAIA1............................  41[deg]26[min] N.   68[deg]30[min] W.
------------------------------------------------------------------------

    (4) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from, the area known as the Closed Area 
I Sea Scallop Access Area, described in paragraph (b)(3) of this 
section, except during the period June 15 through January 31 of each 
year the Closed Area I Sea Scallop Access Area is open to scallop 
vessels, unless transiting pursuant to paragraph (f) of this section.
    (5) Number of trips--(i) Limited access vessels. Based on its permit 
category, a vessel issued a limited access scallop permit may fish no 
more than the maximum number of trips in the Closed Area I Access Area 
as specified in Sec. 648.60(a)(3)(i), unless the vessel owner has made 
an exchange with another vessel owner whereby the vessel gains a Closed 
Area I Access Area trip and gives up a trip into another Sea Scallop 
Access Area, as specified in Sec. 648.60(a)(3)(ii), or unless the 
vessel is taking a compensation trip for a prior Closed Area I Access 
Area trip that was terminated early, as specified in Sec. 648.60(c). 
The number of trips allocated to limited access vessels in the Closed 
Area I Access Area shall be based on the TAC for the access area, which 
will be determined through the annual framework process and specified in 
this paragraph (b)(5)(i).
    (ii) LAGC scallop vessels. (A) The percentage of the Closed Area I 
Access Area TAC to be allocated to LAGC scallop vessels shall be 
specified in this paragraph (b)(5)(ii)(A) through the framework 
adjustment process and shall determine the number of trips allocated to 
LAGC scallop vessels as specified in paragraph (b)(5)(ii)(B) of this 
section. The Closed Area I Access Area shall be closed in the 2008 and 
2009 fishing years.
    (B) The Closed Area I Access Area shall be closed in fishing years 
2008 and 2009. The Regional Administrator shall notify all LAGC scallop 
vessels of the date when the maximum number of allowed trips have been, 
or are projected to be, taken for the 2008 fishing year. Except as 
provided in paragraph (b)(5)(ii)(C) of this section, and subject to the 
seasonal restrictions specified in paragraph (b)(4) of this section, an 
LAGC scallop vessel may not fish for, possess, or land sea scallops in 
or from the Closed Area I Access Area, or enter

[[Page 512]]

the Closed Area I Access Area on a declared LAGC scallop trip once the 
Regional Administrator has provided notification in the Federal 
Register, in accordance with Sec. 648.60(g)(4), the date on which the 
allocated number of trips for the applicable fishing year have been 
taken, in total, by all LAGC scallop vessels, unless transiting pursuant 
to paragraph (f) of this section.
    (C) A vessel issued a NE Multispecies permit and a LAGC scallop 
permit that is fishing in an approved SAP under Sec. 648.85 under 
multispecies DAS may fish in the Scallop Access Areas without being 
subject to the restrictions of paragraph (b)(5)(ii)(A) of this section, 
provided that it has not enrolled in the Scallop Area Access program. 
Such vessel is prohibited from fishing for, possessing, or landing 
scallops.
    (c) Closed Area II Access Area. This area shall be managed on a 3-
year cycle, based on fishing years, with a 1-year closure, followed by a 
2-year Area Access Program as follows:
    (1) From March 1, 2007, through February 29, 2008, and every third 
fishing year thereafter, (i.e., March 1, 2010, through February 28, 
2011, etc.) vessels issued scallop permits, except vessels issued a NE 
Multispecies permit and a general category scallop permit and fishing in 
an approved SAP under Sec. 648.85 and under multispecies DAS, may not 
fish for, possess, or land scallops in or from, the area known as the 
Closed Area II Access Area, described in paragraph (c)(3) of this 
section, unless transiting pursuant to paragraph (f) of this section.
    (2) Through February 28, 2007, and for every 2-year period after the 
year-long closure described in paragraph (c)(1) of this section (i.e., 
March 1, 2008, through February 28, 2010, etc.) and subject to the 
seasonal restrictions specified in paragraph (c)(4) of this section, a 
vessel issued a scallop permit may fish for, possess, or land scallops 
in or from, the area known as the Closed Area II Sea Scallop Access 
Area, described in paragraph (c)(3) of this section, only if the vessel 
is participating in, and complies with the requirements of, the area 
access program described in Sec. 648.60.
    (3) The Closed Area II Sea Scallop Access Area is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
              Point                     Latitude           Longitude
------------------------------------------------------------------------
CAIIA1...........................  41[deg]00[min] N.   67[deg]20[min] W.
CAIIA2...........................  41[deg]00[min] N.   66[deg]35.8[min]
                                                        W.
CAIIA3...........................  41[deg]18.6[min]    66[deg]24.8[min]
                                    N.                  W.
CAIIA4...........................  41[deg]30[min] N.   66[deg]34.8[min]
                                                        W.
CAIIA5...........................  41[deg]30[min] N.   67[deg]20[min] W.
CAIIA1...........................  41[deg]00[min] N.   67[deg]20[min] W.
------------------------------------------------------------------------

    (4) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Closed Area 
II Sea Scallop Access Area, described in paragraph (c)(3) of this 
section, except during the period June 15 through January 31 of each 
year the Closed Area II Access Area is open to scallop vessels, unless 
transiting pursuant to paragraph (f) of this section.
    (5) Number of trips--(i) Limited access vessels. Based on its permit 
category, a vessel issued a limited access scallop permit may fish no 
more than the maximum number of trips in the Closed Area II Access Area, 
unless the vessel owner has made an exchange with another vessel owner 
whereby the vessel gains a Closed Area II Access Area trip and gives up 
a trip into another Sea Scallop Access Area, as specified in Sec. 
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip for 
a prior Closed Area II Access Area trip that was terminated early, as 
specified in Sec. 648.60(c). The number of trips allocated to limited 
access vessels in the Closed Area II Access Area shall be based on the 
TAC for the access area, which will be determined through the annual 
framework process and specified in this paragraph (c)(5)(i). The 2009 
Closed Area II Access Area scallop quota for limited access scallop 
vessels is 5,626,666 lb (2,553 mt).
    (ii) LAGC scallop vessels. (A) The percentage of the total Closed 
Area II Access Area TAC specified to be allocated to LAGC scallop 
vessels shall be specified in this paragraph (c)(5)(ii)(A) through the 
framework adjustment process and shall determine the number of trips 
allocated to LAGC scallop vessels as specified in paragraph 
(c)(5)(ii)(B) of this section. The Closed Area II Access Area shall be 
closed in fishing year 2008, and LAGC vessels

[[Page 513]]

will be allocated zero percent of the 2009 Closed Area II Access Area 
TAC.
    (B) The Regional Administrator shall notify all LAGC scallop vessels 
of the date when the maximum number of allowed trips have been, or are 
projected to be, taken. Except as provided in paragraph (c)(5)(ii)(C) of 
this section, and subject to the seasonal restrictions specified in 
paragraph (c)(4) of this section, an LAGC scallop vessel may not fish 
for, possess, or land sea scallops in or from the Closed Area II Access 
Area, or enter the Closed Area II Access Area on a declared LAGC scallop 
trip once the Regional Administrator has provided notification in the 
Federal Register, in accordance with Sec. 648.60(g)(4), of the date 
that the allocated number of trips for the applicable fishing year have 
been taken, in total, by all LAGC scallop vessels, unless transiting 
pursuant to paragraph (f) of this section.
    (C) A vessel issued a NE Multispecies permit and an LAGC scallop 
permit that is fishing in an approved SAP under Sec. 648.85 under 
multispecies DAS may fish in the Scallop Access Areas without being 
subject to the restrictions of paragraph (c)(5)(ii)(A) of this section, 
provided that it has not enrolled in the Scallop Area Access program. 
Such vessel is prohibited from fishing for, possessing, or landing 
scallops.
    (d) Nantucket Lightship Access Area. (1) From March 1, 2008, through 
February 28, 2009, and every third fishing year thereafter (i.e., March 
1, 2011, through February 29, 2012, 2014, etc.) vessels issued scallop 
permits, except vessels issued a NE Multispecies permit and a general 
category scallop permit and fishing in an approved SAP under Sec. 
648.85 and under multispecies DAS, may not fish for, possess, or land 
scallops in or from the area known as the Nantucket Lightship Access 
Area, described in paragraph (d)(3) of this section, unless transiting 
pursuant to paragraph (f) of this section.
    (2) Through February 29, 2008, and for every 2-year period, based on 
fishing years, after each the year-long closure described in paragraph 
(d)(1) of this section (i.e., March 1, 2009, through February 28, 2011, 
etc.) and subject to the seasonal restrictions specified in paragraph 
(d)(4) of this section, a vessel issued a scallop permit may fish for, 
possess, or land scallops in or from, the area known as the Nantucket 
Lightship Sea Scallop Access Area, described in paragraph (d)(3) of this 
section, only if the vessel is participating in, and complies with the 
requirements of, the area access program described in Sec. 648.60.
    (3) The Nantucket Lightship Sea Scallop Access Area is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
              Point                     Latitude           Longitude
------------------------------------------------------------------------
NLSA1............................  40[deg]50[min] N.   69[deg]00[min] W.
NLSA2............................  40[deg]30[min] N.   69[deg]00[min] W.
NLSA3............................  40[deg]30[min] N.   69[deg]14.5[min]
                                                        W.
NLSA4............................  40[deg]50[min] N.   69[deg]29.5[min]
                                                        W.
NLAA1............................  40[deg]50[min] N.   69[deg]00[min] W.
------------------------------------------------------------------------

    (4) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Nantucket 
Lightship Sea Scallop Access Area, described in paragraph (d)(3) of this 
section, except during the period June 15 through January 31 of each 
year the Nantucket Lightship Access Area is open to scallop fishing, 
unless transiting pursuant to paragraph (f) of this section.
    (5) Number of trips--(i) Limited access vessels. Based on its permit 
category, a vessel issued a limited access scallop permit may fish no 
more than the maximum number of trips in the Nantucket Lightship Access 
Area, unless the vessel owner has made an exchange with another vessel 
owner whereby the vessel gains a Nantucket Lightship Access Area trip 
and gives up a trip into another Sea Scallop Access Area, as specified 
in Sec. 648.60(a)(3)(ii), or unless the vessel is taking a compensation 
trip for a prior Nantucket Lightship Access Area trip that was 
terminated early, as specified in Sec. 648.60(c). The number of trips 
allocated to limited access vessels in the Nantucket Lightship Access 
Area shall be based on the TAC for the access area. The 2008 Nantucket 
Lightship Access Area scallop quota for limited access scallop vessels 
is 5,068,250 lb (2,293 mt).
    (ii) LAGC scallop vessels. (A) The percentage of the Nantucket 
Lightship

[[Page 514]]

Access Area TAC to be allocated to LAGC scallop vessels shall be 
specified in this paragraph (d)(5)(ii)(A) through the framework 
adjustment process and shall determine the number of trips allocated to 
LAGC scallop vessels as specified in paragraph (d)(5)(ii)(B) of this 
section. LAGC vessels shall be allocated 266,750 lb (121 mt) in fishing 
year 2008, which is 5 percent of the 2008 Nantucket Lightship Access 
Area TAC. The Nantucket Lightship Access Area shall be closed in fishing 
year 2009.
    (B) Based on the TAC specified in paragraph (d)(5)(ii)(A) of this 
section, LAGC scallop vessels shall be allocated 667 trips to the 
Nantucket Lightship Access Area in fishing year 2008. The Regional 
Administrator shall notify all LAGC scallop vessels of the date when the 
667 trips have been, or are projected to be, taken. Except as provided 
in paragraph (d)(5)(ii)(C) of this section, an LAGC scallop vessel may 
not fish for, possess, or land sea scallops in or from the Nantucket 
Lightship Access Area, or enter the Nantucket Lightship Access Area on a 
declared LAGC scallop trip once the Regional Administrator has provided 
notification in the Federal Register, in accordance with Sec. 
648.60(g)(4), of the date that the allocated number of trips for the 
applicable fishing year have been taken, in total, by all LAGC scallop 
vessels, unless transiting pursuant to paragraph (f) of this section.
    (C) A vessel issued a NE Multispecies permit and an LAGC scallop 
permit that is fishing in an approved SAP under Sec. 648.85 under 
multispecies DAS may fish in the Scallop Access Areas without being 
subject to the restrictions of paragraph (d)(5)(ii)(A) of this section, 
provided that it has not enrolled in the Scallop Area Access program. 
Such vessel is prohibited from fishing for, possessing, or landing 
scallops.
    (e) Elephant Trunk Sea Scallop Access Area. (1) From March 1, 2007, 
through February 29, 2012, and subject to the seasonal restrictions 
specified in paragraph (e)(3) of this section, a vessel issued a scallop 
permit may fish for, possess, or land scallops in or from the area known 
as the Elephant Trunk Sea Scallop Access Area, described in paragraph 
(e)(2) of this section, only if the vessel is participating in, and 
complies with the requirements of, the area access program described in 
Sec. 648.60.
    (2) The Elephant Trunk Sea Scallop Access Area is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
              Point                     Latitude           Longitude
------------------------------------------------------------------------
ETAA1............................  38[deg]50[min] N.   74[deg]20[min] W.
ETAA2............................  38[deg]10[min] N.   74[deg]20[min] W.
ETAA3............................  38[deg]10[min] N.   73[deg]30[min] W.
ETAA4............................  38[deg]50[min] N.   73[deg]30[min] W.
ETAA1............................  38[deg]50[min] N.   74[deg]20[min] W.
------------------------------------------------------------------------

    (3) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Elephant 
Trunk Sea Scallop Access Area, described in paragraph (e)(2) of this 
section, from September 1 through October 31 of each year the Elephant 
Turnk Access Area is open to scallop fishing as a Sea Scallop Access 
Area, unless transiting pursuant to paragraph (f) of this section.
    (4) Number of trips--(i) Limited access vessels. Based on its permit 
category, a vessel issued a limited access scallop permit may fish no 
more than the maximum number of trips in the Elephant Trunk Sea Scallop 
Access Area between March 1, 2007, and February 29, 2008, as specified 
in Sec. 648.60(a)(3)(i), unless the vessel owner has made an exchange 
with another vessel owner whereby the vessel gains an Elephant Trunk Sea 
Scallop Access Area trip and gives up a trip into another Sea Scallop 
Access Area, as specified in Sec. 648.60(a)(3)(ii), or unless the 
vessel is taking a compensation trip for a prior Elephant Trunk Access 
Area trip that was terminated early, as specified in Sec. 648.60(c).
    (ii) LAGC scallop vessels. (A) The percentage of the Elephant Trunk 
Access Area TAC to be allocated to LAGC scallop vessels shall be 
specified in this paragraph (e)(4)(ii)(A) through the framework 
adjustment process and shall determine the number of trips allocated to 
LAGC scallop vessels as specified in paragraph (e)(4)(ii)(B) of this 
section. LAGC vessels shall be allocated 1,067,000 lb (484 mt) in 
fishing year 2008, which is 5 percent of the 2008 Elephant Trunk Access 
Area TAC.

[[Page 515]]

LAGC vessels shall be allocated 785,700 lb (356 mt) in fishing year 
2009, which is 5 percent of the 2009 Elephant Trunk Access Area TAC. The 
2009 general category TAC may be reduced per Sec. 
648.60(a)(3)(i)(E)(2).
    (B) Based on the TACs specified in paragraph (e)(4)(ii)(A) of this 
section LAGC vessels shall be allocated a total of 2,668 trips in the 
Elephant Trunk Access Area in fishing year 2008 and 1,964 trips in 
fishing year 2009. The fishing year 2009 general category trip 
allocation may be reduced per Sec. 648.60(a)(3)(i)(E)(2). The Regional 
Administrator shall notify all LAGC scallop vessels of the date when the 
maximum number of allowed trips have been, or are projected to be, 
taken. An LAGC scallop vessel may not fish for, possess, or land sea 
scallops in or from the Elephant Trunk Access Area, or enter the 
Elephant Trunk Access Area on a declared LAGC scallop trip once the 
Regional Administrator has provided notification in the Federal 
Register, in accordance with Sec. 648.60(g)(4), of the date that the 
allocated number of trips for the applicable fishing year have been 
taken, in total, by all LAGC scallop vessels, unless transiting pursuant 
to paragraph (f) of this section.
    (f) Transiting. A sea scallop vessel that has not declared a trip 
into the Sea Scallop Area Access Program may enter the Sea Scallop 
Access Areas described in paragraphs (a), (b), (d), and (e), of this 
section, and possess scallops not caught in the Sea Scallop Access 
Areas, for transiting purposes only, provided the vessel's fishing gear 
is stowed in accordance with Sec. 648.23(b). A scallop vessel that has 
declared a trip into the Sea Scallop Area Access Program may transit a 
Scallop Access Area while steaming to or from another Scallop Access 
Area, provided the vessel's fishing gear is stowed in accordance with 
Sec. 648.23(b), or there is a compelling safety reason to be in such 
areas without such gear being stowed. A vessel may only transit the 
Closed Area II Access Area, as described in paragraph (c) of this 
section, if there is a compelling safety reason for transiting the area 
and the vessel's fishing gear is stowed in accordance with Sec. 
648.23(b).

[71 FR 33228, June 8, 2006, as amended at 73 FR 30807, May 29, 2008; 73 
FR 30808, May 29, 2008; 73 FR 54736, Sept. 23, 2008]



Sec. 648.60  Sea scallop area access program requirements.

    (a) A limited access scallop vessel may only fish in the Sea Scallop 
Access Areas specified in Sec. 648.59, subject to the seasonal 
restrictions specified in Sec. 648.59, when fishing under a scallop 
DAS, provided the vessel complies with the requirements specified in 
paragraphs (a)(1) through (a)(9), and (b) through (f) of this section. 
An LAGC scallop vessel may fish in the Sea Scallop Access Areas 
specified in Sec. 648.59, subject to the seasonal restrictions 
specified in Sec. 648.59, provided the vessel complies with the 
requirements specified in paragraph (g) of this section.
    (1) VMS. Each vessel participating in the Sea Scallop Access Area 
Program must have installed on board an operational VMS unit that meets 
the minimum performance criteria specified in Sec. Sec. 648.9 and 
648.10, and paragraph (e) of this section.
    (2) Vessels participating in the Sea Scallop Access Area Program 
must comply with the trip declaration requirements specified in Sec. 
648.10(f) and vessel notification requirements specified in Sec. 
648.11(g) for observer deployment.
    (3) Number of Sea Scallop Access Area trips--(i) Limited access 
vessel trips. (A) Except as provided in paragraph (c) of this section, 
and unless the number of trips is adjusted for the Elephant Trunk Access 
Area or the Delmarva Access Area as specified in paragraph (a)(3)(i)(F) 
of this section, paragraphs (a)(3)(i)(B) through (E) of this section 
specify the total number of trips that a limited access scallop vessel 
may take into Sea Scallop Access Areas during applicable seasons 
specified in Sec. 648.59. The number of trips per vessel in any one Sea 
Scallop Access Area may not exceed the maximum number of trips allocated 
for such Sea Scallop Access Area as specified in Sec. 648.59, unless 
the vessel owner has exchanged a trip with another vessel owner for an 
additional

[[Page 516]]

Sea Scallop Access Area trip, as specified in paragraph (a)(3)(ii) of 
this section, been allocated a compensation trip pursuant to paragraph 
(c) of this section, or unless the Elephant Trunk Access Area trip 
allocations are adjusted as specified in Sec. 648.60(a)(3)(i)(F). If, 
during the interim period between March 1, 2008, and the implementation 
of the limited access Access Area trip allocations specified in this 
section, a limited access vessel takes a 2008 Closed Area I Access Area 
trip, one ETAA trip will be deducted from the vessel's 2009 allocation 
as specified in this section.
    (B) Full-time scallop vessels. In the 2008 fishing year, a full-time 
scallop vessel may take four trips in the Elephant Trunk Access Area and 
one trip in the Nantucket Lightship Access Area. In the 2009 fishing 
year, a full-time scallop vessel may take three trips in the Elephant 
Trunk Access Area (unless adjusted per paragraph (a)(3)(i)(F) of this 
section), one trip in the Closed Area II Access Area, and one trip in 
the Delmarva Access Area (unless adjusted per paragraph (a)(3)(i)(F) of 
this section).
    (C) Part-time scallop vessels. In the 2008 fishing year, a part-time 
scallop vessel may take one trip in the Nantucket Lightship Access Area 
and one trip in the Elephant Trunk Access Area (unless adjusted per 
paragraph (a)(3)(i)(F) of this section); or two trips in the Elephant 
Trunk Access Area. In the 2009 fishing year, a part-time scallop vessel 
is allocated two trips that may be distributed between access areas as 
follows: Up to two trips in the Elephant Trunk Access Area (unless 
adjusted per paragraph (a)(3)(i)(F) of this section); up to one trip in 
Closed Area II; and up to one trip in the Delmarva Access Area (unless 
adjusted per paragraph (a)(3)(i)(E) of this section).
    (D) Occasional scallop vessels. In the 2008 fishing year, an 
occasional scallop vessel may take one trip in the Nantucket Lightship 
Access Area or one trip in the Elephant Trunk Access Area. In the 2009 
fishing year, an occasional scallop vessel may take one trip in the 
Closed Area II Access Area or one trip in the Elephant Trunk Access Area 
(unless adjusted per paragraph (a)(3)(i)(F) of this section) or one trip 
in the Delmarva Access Area (unless adjusted per paragraph (a)(3)(i)(E) 
of this section).
    (E) Procedure for adjusting the number of 2009 fishing year trips in 
the Elephant Trunk and Delmarva Access Areas. (1) The Regional 
Administrator shall reduce the number of 2009 Elephant Trunk Access Area 
trips or Delmarva Access Area trips using the tables in paragraphs 
(a)(3)(i)(F)(2) and (3) of this section, respectively, provided that 
updated exploitable biomass projections are available with sufficient 
time to announce such an adjustment through publication in the Federal 
Register, in accordance with the Administrative Procedure Act, on or 
about December 1, 2008. In addition, if an updated estimate of overall F 
exceeds 0.29 in 2008, then Elephant Trunk Access Area trip allocations 
shall be reduced consistent with reductions as required in the table in 
paragraph (a)(3)(i)(F)(2) of this section under exploitable biomass 
estimates of 20,000-29,000 mt. If both the exploitable biomass and F 
thresholds are exceeded, the allocation level shall be established using 
the exploitable biomass adjustment schedule. If information is not 
available in time for NMFS to announce an adjustment in the Federal 
Register on or about December 1, 2008, no adjustment may be made. The 
exploitable biomass estimate necessary for any adjustment of the 2009 
Elephant Trunk Access Area or Delmarva Access Area trip allocations 
shall be based on all available scientific surveys of scallops within 
the Elephant Trunk Access Area or Delmarva Access Area. Survey data must 
be used only if they are available with sufficient time for review and 
incorporation in the exploitable biomass estimate and they are 
determined to be scientifically sound. If no other surveys are 
available, the annual NOAA scallop resource survey shall be used to 
estimate exploitable scallop biomass for the Elephant Trunk Access Area.
    (2) Table of Elephant Trunk Access Area TAC and trip allocation 
adjustments based on exploitable biomass estimates and revised target 
TAC levels. If the exploitable biomass estimate is between 20,000 and 
29,999 mt, part-time vessels shall be authorized to take one trip in the 
Elephant Trunk Access Area at a

[[Page 517]]

reduced possession limit of 3,600 lb (1,633 kg) and one trip in the 
Nantucket Lightship Access Area at the normal possession limit as 
specified at Sec. 648.60(a)(5); and occasional vessels may take one 
trip in the Elephant Trunk Access Area or one trip in the Nantucket 
Lightship Access Area with a normal possession limit of 7,500 lb (3,402 
kg) as specified at Sec. 648.60(a)(5). The following table specifies 
the adjustments that shall be made through the procedure required in 
paragraph (a)(3)(i)(F)(1) of this section under various biomass 
estimates and adjusted 2009 TAC estimates:

----------------------------------------------------------------------------------------------------------------
                                    Adjusted trips      Adjusted trips       Adjusted 2009       Adjusted 2009
  Exploitable biomass  estimate    (full-time, part-       (general       research set-aside  observer set-aside
              (mt)                 time, occasional)       category)           TAC (mt)            TAC (mt)
----------------------------------------------------------------------------------------------------------------
30,000 or greater...............  No adjustment.....  No adjustment.....  No adjustment.....  No adjustment.
20,000-29,999...................  2, 1*, 1**........  1473..............  108.86............  54.43.
10,000-19,000...................  1, 0, 0...........  982...............  72.57.............  36.29.
Less than 10,000................  0, 0, 0...........  491...............  36.29.............  18.15.
----------------------------------------------------------------------------------------------------------------
* Part-time vessels may take one trip in the Elephant Trunk Access Area at a reduced possession limit of 3,600
  lb (1,633 kg) and one trip in the NLCA with a possession limit of 18,000 lb (8,165 kg).
** Occasional vessels may take 1 trip in the Nantucket Lightship Access Area or 1 trip in the Elephant Trunk
  Access Area.

    (3) Table of Delmarva Access Area TAC and trip allocation 
adjustments based on exploitable biomass estimates and revised target 
TAC levels. The following table specifies the required adjustments that 
shall be made through the procedure specified in paragraph 
(a)(3)(i)(F)(1) of this section under various biomass estimates and 
adjusted 2009 target TAC estimates:

----------------------------------------------------------------------------------------------------------------
                                    Adjusted trips      Adjusted trips       Adjusted 2009       Adjusted 2009
  Exploitable biomass  estimate    (full-time, part-       (general       research set-aside  observer set-aside
              (mt)                 time, occasional)       category)              TAC                 TAC
----------------------------------------------------------------------------------------------------------------
10,000 or greater...............  No adjustment.....  No adjustment.....  No adjustment.....  No adjustment.
Less than 10,000................  0, 0, 0...........  0.................  0.................  0.
----------------------------------------------------------------------------------------------------------------

    (ii) One-for-one area access trip exchanges. (A) If the total number 
of trips allocated to a vessel into all Sea Scallop Access Areas 
combined is more than one, the owner of a vessel issued a limited access 
scallop permit may exchange, on a one-for-one basis, unutilized trips 
into one access area for another vessel's unutilized trips into another 
Sea Scallop Access Area. One-for-one exchanges may be made only between 
vessels with the same permit category. For example, a full-time vessel 
may not exchange trips with a part-time vessel and vice versa. Vessel 
owners must request the exchange of trips by submitting a completed Trip 
Exchange Form at least 15 days before the date on which the applicant 
desires the exchange to be effective. Trip exchange forms are available 
by request from the Regional Administrator. Each vessel owner involved 
in an exchange is required to submit a completed Trip Exchange Form. The 
Regional Administrator shall review the records for each vessel to 
confirm that each vessel has unutilized trips remaining to exchange. The 
exchange is not effective until the vessel owner(s) receive a 
confirmation in writing from the Regional Administrator that the trip 
exchange has been made effective. A vessel owner may exchange trips 
between two or more vessels under his/her ownership. A vessel owner 
holding a Confirmation of Permit History is not eligible to exchange 
trips between another vessel and the vessel for which a Confirmation of 
Permit History has been issued.
    (B) Limited access scallop vessels involved in an exchange of Closed 
Area II and/or Nantucket Lightship Closed Area Access Area trips for the 
2006 fishing year, and Elephant Trunk Access Area trips for the 2007 
fishing year shall be subject to a reduction of the vessels' allocated 
trips so that the total number of allocated Elephant Trunk Access Area 
trips between two vessels that were involved in such an exchange shall 
be six for full-time vessels and four for part-time vessels in the 2007 
fishing year. Reductions will

[[Page 518]]

be applied equally to both vessels' resulting Elephant Trunk Access Area 
allocation for the 2007 fishing year after the exchange is taken into 
account, unless the vessel giving Elephant Trunk Access Area trips to 
another vessel has one or zero Elephant Trunk Access Area trips 
remaining after the exchange. In such a case, the vessel that received 
the Elephant Trunk Access Area trips will be subject to a reduction of 
up to four Elephant Trunk Access Area trips.
    (C) Limited access scallop vessels involved in an exchange of Closed 
Area II and/or Nantucket Lightship Closed Area Access Area trips for the 
2006 fishing year, and Elephant Trunk Access Area trips for the 2007 
fishing year shall be subject to a reduction of the vessels' allocated 
trips so that the total number of allocated Elephant Trunk Access Area 
trips between two vessels that were involved in such an exchange shall 
be six for full-time vessels and four for part-time vessels in the 2007 
fishing year. Reductions will be applied equally to both vessels' 
resulting Elephant Trunk Access Area allocation for the 2007 fishing 
year after the exchange is taken into account, unless the vessel giving 
Elephant Trunk Access Area trips to another vessel has one or zero 
Elephant Trunk Access Area trips remaining after the exchange. In such a 
case, the vessel that received the Elephant Trunk Access Area trips will 
be subject to a reduction of up to four Elephant Trunk Access Area 
trips.
    (iii) Limited Access Vessel trips. (A) Except as provided in 
paragraph (c) of this section, paragraphs (a)(3)(i)(B) through (E) 
specify the total number of trips that a limited access scallop vessel 
may take into Sea Scallop Access Areas during applicable seasons 
specified in Sec. 648.59. The number of trips per vessel in any one Sea 
Scallop Access Area may not exceed the maximum number of trips allocated 
for such Sea Scallop Access Area as specified in Sec. 648.59, unless 
the vessel owner has exchanged a trip with another vessel owner for an 
additional Sea Scallop Access Area trip, as specified in paragraph 
(a)(3)(ii) of this section, has been allocated a compensation trip 
pursuant to paragraph (c) of this section.
    (B) Full-time scallop vessels. In the 2007 fishing year, a full-time 
scallop vessel may take one trip in the Closed Area I Access Area, one 
trip in the Nantucket Lightship Access Area, and three trips in the 
Elephant Trunk Access Area.
    (C) Part-time scallop vessels. In the 2007 fishing year, a part-time 
scallop vessel may take one trip in the Closed Area I Access Area and 
one trip in the Nantucket Lightship Access Area; or one trip in the 
Closed Area I Access Area and one trip in the Elephant Trunk Access 
Area; or one trip in the Nantucket Lightship Access Area and one trip in 
the Elephant Trunk Access Area; or two trips in the Elephant Trunk 
Access Area.
    (D) Occasional scallop vessels. An occasional scallop vessel may 
take one trip in the 2007 fishing year into any of the Access Areas 
described in Sec. 648.59 that is open during the specified fishing 
years.
    (4) Area fished. While on a Sea Scallop Access Area trip, a vessel 
may not fish for, possess, or land scallops in or from areas outside the 
Sea Scallop Access Area in which the vessel operator has declared the 
vessel will fish during that trip, and may not enter or exit the 
specific declared Sea Scallop Access Area more than once per trip. A 
vessel on a Sea Scallop Access Area trip may not enter or be in another 
Sea Scallop Access Area on the same trip except such vessel may transit 
another Sea Scallop Access Area provided its gear is stowed in 
accordance with Sec. 648.23(b).
    (i) Reallocation of trips into open areas. If the yellowtail 
flounder TAC allocated for a Scallop Access Area specified in Sec. 
648.59(b) through (d) has been harvested and such area has been closed, 
a vessel with trips remaining to be taken in such Access Areas may fish 
the remaining DAS associated with the unused trip(s) in Open Areas, up 
to the maximum DAS specified in Sec. 648.53(b)(4)(i) through (iii).
    (ii) [Reserved]
    (5) Possession and landing limits--(i) Scallop possession limits. 
Unless authorized by the Regional Administrator, as specified in 
paragraphs (c) and (d) of this section, after declaring a trip into a 
Sea Scallop Access Area, a vessel owner or operator of a limited access 
scallop vessel may fish for, possess, and

[[Page 519]]

land, per trip, scallops, up to the maximum amounts specified in 
paragraphs (a)(5)(i)(A) and (B) of this section. No vessel declared into 
the Elephant Trunk Access Area as described in Sec. 648.59(e) may 
possess more than 50 bu (17.62 hL) of in-shell scallops outside of the 
Elephant Trunk Access Area described in Sec. 648.59(e).
    (A) Up to 18,000 lb (8,165 kg) of shucked scallops for full-time and 
part-time scallop vessels.
    (B) Up to 7,500 lb (3,402 kg) of shucked scallops for occasional 
scallop vessels.
    (ii) NE multispecies possession limits and yellowtail flounder TAC. 
Subject to the seasonal restriction established under the Sea Scallop 
Area Access Program and specified in Sec. 648.59(b)(4), (c)(4), and 
(d)(4), and provided the vessel has been issued a scallop multispecies 
possession limit permit as specified in Sec. 648.4(a)(1)(ii), after 
declaring a trip into a Sea Scallop Access Area and fishing within the 
Access Areas described in Sec. 648.59(b) through (d), a vessel owner or 
operator of a limited access scallop vessel may fish for, possess, and 
land, per trip, up to a maximum of 1,000 lb (453.6 kg) of all NE 
multispecies combined, subject to the minimum commercial fish size 
restrictions specified in Sec. 648.83(a)(2), and the additional 
restrictions for Atlantic cod, haddock, and yellowtail flounder 
specified in paragraphs (a)(5)(ii)(A) through (C) of this section.
    (A) Atlantic cod. Such vessel may bring onboard and possess only up 
to 100 lb (45.4 kg) of Atlantic cod per trip, provided such fish is 
intended for personal use only and cannot be not sold, traded, or 
bartered.
    (B) Haddock. Such vessels may possess and land haddock up to the 
overall possession limit of all NE multispecies combined, as specified 
in paragraph (a)(5)(ii) of this section, except that such vessels are 
prohibited from possessing or landing haddock from January 1 through 
June 30.
    (C) Yellowtail flounder--(1) Yellowtail flounder TACs. Such vessel 
may catch yellowtail flounder provided the Regional Administrator has 
not issued a notice that the scallop fishery portion of the TACs 
specified in Sec. 648.85(c) for the Closed Area I, Closed Area II, and 
Nantucket Lightship Access Scallop Areas have been harvested. The 
Regional Administrator shall publish notification in the Federal 
Register, in accordance with the Administrative Procedure Act, to notify 
scallop vessel owners that the scallop fishery portion of the TAC for a 
yellowtail flounder stock has been or is projected to be harvested by 
scallop vessels in any Access Area. Upon notification in the Federal 
Register that a TAC has been or is projected to be harvested, scallop 
vessels are prohibited from declaring and initiating a trip within the 
Access Area(s), where the TAC applies, for the remainder of the fishing 
year. The yellowtail flounder TACs allocated to scallop vessels may be 
increased by the Regional Administrator after December 1 of each year 
pursuant to Sec. 648.85(c)(2).
    (2) SNE/MA yellowtail flounder possession limit. Such vessels 
fishing within the Nantucket Lightship Access Area described in Sec. 
648.59(d) may fish for, possess, and land yellowtail flounder up to the 
overall possession limit of all NE multispecies combined, as specified 
in paragraph (a)(5)(ii) of this section, except that such vessels may 
not fish for, possess, or land more than 250 lb (113.6 kg) per trip of 
yellowtail flounder between June 15 and June 30, provided the Regional 
Administrator has not issued a notice that the scallop fishery portion 
of the yellowtail flounder TAC as specified in Sec. 648.85(c)(i) has 
been harvested.
    (3) GB yellowtail flounder possession limit. After declaring a trip 
into and fishing within the Closed Area I or Closed Area II Access Area 
described in Sec. 648.59(b) and (c), the vessel owner or operator of a 
limited access scallop vessel may fish for, possess, and land up to 
1,000 lb (453.6 kg) per trip of yellowtail flounder subject to the 
amount of other NE multispecies onboard, provided that the Regional 
Administrator has not issued a notice that the yellowtail flounder TAC 
specified in Sec. 648.85(c) has been harvested. If the yellowtail 
flounder TAC established for the Eastern U.S./Canada Area pursuant to 
Sec. 648.85(a)(2) has been or is projected to be harvested, as 
described in Sec. 648.85(a)(3)(iv)(C)(3), scallop vessels are 
prohibited from harvesting,

[[Page 520]]

possessing, or landing yellowtail flounder in or from the Closed Area I 
and Closed Area II Access Areas.
    (iii) NE multispecies possession limits and yellowtail flounder TAC. 
Subject to the seasonal restriction established under the Sea Scallop 
Area Access Program and specified in Sec. 648.59(b)(4), (c)(4), and 
(d)(4), and provided the vessel has been issued a scallop multispecies 
possession limit permit as specified in Sec. 648.4(a)(1)(ii), after 
declaring a trip into a Sea Scallop Access Area and fishing within the 
Access Areas described in Sec. 648.59(b) through (d), a vessel owner or 
operator of a limited access scallop vessel may fish for, possess, and 
land, per trip, up to a maximum of 1,000 lb (453. 6 kg) of all NE 
multispecies combined, subject to the minimum commercial fish size 
restrictions specified in Sec. 648.83(a)(3), and the additional 
restrictions for Atlantic cod, haddock, and yellowtail flounder 
specified in paragraphs (a)(5)(iii)(A) through (C) of this section.
    (iv) Scallop possession limits. Unless authorized by the Regional 
Administrator, as specified in paragraphs (c) and (d) of this section, 
after declaring a trip into a Sea Scallop Access Area, a vessel owner or 
operator of a limited access scallop vessel may fish for, possess, and 
land, per trip, scallops, up to the maximum amounts specified in 
paragraphs (a)(5)(i)(A) and (B) of this section. No vessel declared into 
the Elephant Trunk Access Area as described in Sec. 648.59(e) may 
possess more than 50 bu (17.62 hL) of in-shell scallops outside of the 
Elephant Trunk Access Area described in Sec. 648.59(e).
    (A) Up to 18,000 lb (8,165 kg) shucked scallops for full-time and 
part-time scallop vessels.
    (B) Up to 7,500 lb (3,402 kg) shucked scallop for occasional scallop 
vessels.
    (6) Gear restrictions. (i) The minimum ring size for dredge gear 
used by a vessel fishing on a Sea Scallop Access Area trip is 4 inches 
(10.2 cm) in diameter. Dredge or trawl gear used by a vessel fishing on 
a Sea Scallop Access Area trip must be in accordance with the 
restrictions specified in Sec. 648.51(a) and (b).
    (ii) Vessels fishing in the Closed Area I, Closed Area II, and 
Nantucket Lightship Closed Area Sea Scallop Access Areas described in 
Sec. 648.59(b) through (d) are prohibited from fishing with trawl gear 
as specified in Sec. 648.51(f)(1).
    (7) Transiting. While outside a Sea Scallop Access Area on a Sea 
Scallop Access Area trip, the vessel must have all fishing gear stowed 
in accordance with Sec. 648.23(b), unless there is a compelling safety 
reason to be transiting the area without gear stowed.
    (8) Off-loading restrictions. The vessel may not offload its catch 
from a Sea Scallop Access Area trip at more than one location per trip.
    (9) Reporting. The owner or operator must submit reports through the 
VMS, in accordance with instructions to be provided by the Regional 
Administrator, for each day fished when declared in the Sea Scallop Area 
Access Program, including trips accompanied by a NMFS-approved observer. 
The reports must be submitted in 24-hour intervals, for each day 
beginning at 0000 hours and ending at 2400 hours. The reports must be 
submitted by 0900 hours of the following day and must include the 
following information:
    (i) Total pounds of scallop meats kept, total number of tows, and 
the Fishing Vessel Trip Report log page number.
    (ii) Total pounds of yellowtail flounder kept and total pounds of 
yellowtail flounder discarded.
    (b) [Reserved]
    (c) Compensation for Sea Scallop Access Area trips terminated early. 
If a Sea Scallop Access Area trip is terminated before catching the 
allowed possession limit, the vessel may be authorized to fish an 
additional trip in the same Sea Scallop Access Area based on the 
following conditions and requirements.
    (1) The vessel owner/operator has determined that the Sea Scallop 
Access Area trip should be terminated early for reasons deemed 
appropriate by the operator of the vessel;
    (2) The amount of scallops landed by the vessel for the trip must be 
less than the maximum possession limit specified in paragraph (a)(5) of 
this section;
    (3) The vessel owner/operator must report the termination of the 
trip prior to leaving the Sea Scallop Access Area

[[Page 521]]

by VMS email messaging, with the following information: Vessel name, 
vessel owner, vessel operator, time of trip termination, reason for 
terminating the trip (for NMFS recordkeeping purposes), expected date 
and time of return to port, and amount of scallops on board in pounds;
    (4) The vessel owners/operator must request that the Regional 
Administrator authorize an additional trip as compensation for the 
terminated trip by submitting a written request to the Regional 
Administrator within 30 days of the vessel's return to port from the 
terminated trip; and
    (5) The Regional Administrator shall authorize the vessel to take an 
additional trip and shall specify the amount of scallops that the vessel 
may land on such trip pursuant to the calculation specified in paragraph 
(c)(5)(i) of this section. Such authorization shall be made within 10 
days of receipt of the formal written request for compensation.
    (i) The amount of scallops that can be landed on an authorized 
additional compensation Sea Scallop Access Area trip shall equal the 
possession limit specified in paragraph (a)(5) of this section minus the 
amount of scallops landed on the terminated trip. For example, if the 
possession limit for a full-time vessel is 18,000 lb (8,165 kg) per 
trip, and the vessel lands 6,500 lb (2,948.4 kg) of scallops and 
requests compensation for the terminated trip, the possession limit for 
the additional trip is 11,500 lb (5,216.3 kg) or 18,000 lb (8,165 kg) 
minus 6,500 lb (2,948.4 kg)).
    (ii) If a vessel is authorized more than one additional compensation 
trip into any Sea Scallop Access Area as the result of more than one 
terminated trip in the same Access Area, the possession limits for the 
authorized trips may be combined, provided the total possession limit on 
a combined additional compensation trip does not exceed the possession 
limit for a trip as specified in paragraph (a)(5) of this section. For 
example, a vessel that has two broken trips with corresponding 
additional compensation trip authorizations of 10,000 lb (4,536 kg) and 
8,000 lb (3,629 kg) may combine the authorizations to allow one 
compensation trip with a possession limit of 18,000 lb (8,165 kg).
    (iii) A vessel operator must comply with all notification 
requirements prior to taking an additional compensation trip, and for 
each such trip, must enter a trip identification number by entering the 
number in the VMS for each such trip. The trip identification number 
will be included in the Regional Administrator's authorization for each 
additional compensation trip. If a vessel operator is combining 
additional compensation trips, the trip identification numbers from each 
authorization must be entered into VMS.
    (iv) Unutilized 2005 Hudson Canyon compensation trips. A vessel that 
terminated a 2005 Hudson Canyon Access Area trip shall be issued 
authorization to take an additional trip as compensation for the trip 
terminated early pursuant to paragraph (c)(5) of this section. Such 
additional trips may be taken at any time during the 2006 or 2007 
fishing years, as specified in Sec. 648.59(a)(3).
    (v) Additional compensation trip carryover. If an Access Area trip 
conducted during the last 60 days of the open period or season for the 
Access Area is terminated before catching the allowed possession limit, 
and the requirements of paragraph (c) of this section are met, the 
vessel operator shall be authorized to fish an additional trip as 
compensation for the terminated trip in the following fishing year. The 
vessel owner/operator must take such additional compensation trips, 
complying with the trip notification procedures specified in paragraph 
(a)(2)(iii) of this section, within the first 60 days of that fishing 
year the Access Area first opens in the subsequent fishing year. For 
example, a vessel that terminates a Nantucket Lightship Access Area trip 
on December 10, 2006, must declare that it is beginning its additional 
compensation trip during the first 60 days that the Access Area is open 
(June 15, 2007, through August 15, 2007). If an Access Area is not open 
in the subsequent fishing year, then the additional compensation trip 
authorization would expire at the end of the Access Area Season in which 
the trip was broken. For example, a vessel that terminates a Closed Area 
II trip on December 10,

[[Page 522]]

2006, may not carry its additional compensation trip into the 2007 
fishing year because Closed Area II is not open during the 2007 fishing 
year, and must complete any compensation trip by January 31, 2007.
    (d) Possession limit to defray costs of observers--(1) Observer set-
aside limits by area--(i) Nantucket Lightship Access Area. For the 2008 
fishing year, the observer set-asides for the Nantucket Lightship Access 
Area is 55,000 lb (25 mt).
    (ii) Closed Area II Access Area. For the 2009 fishing year, the 
observer set-aside for the Closed Area II Access Area is 58,000 lb (26 
mt).
    (iii) Elephant Trunk Access Area. For the 2008 and 2009 fishing 
years, the observer set-aside for the Elephant Trunk Access Area is 
222,000 lb (101 mt), and 162,000 lb (73 mt), respectively, unless the 
2009 set-aside is adjusted as specified in paragraph (a)(3)(i)(E) of 
this section.
    (iv) Delmarva Access Area. For the 2009 fishing year, the observer 
set-aside for the Delmarva Access Area is 60,000 lb (27 mt), unless the 
2009 set-aside is adjusted as specified in paragraph (a)(3)(i)(E) of 
this section.
    (2) Increase in the possession limit to defray the costs of 
observers. The Regional Administrator may increase the sea scallop 
possession limit specified in paragraph (a)(5) of this section to defray 
costs of at-sea observers deployed on area access trips subject to the 
limits specified in paragraph (d)(1) of this section. An owner of a 
scallop vessel shall be notified of the increase in the possession limit 
through a permit holder letter issued by the Regional Administrator. If 
the observer set-aside is fully utilized prior to the end of the fishing 
year, the Regional Administrator shall notify owners of scallop vessels 
that, effective on a specified date, the increase in the possession 
limit is no longer available to offset the cost of observers. Unless 
otherwise notified by the Regional Administrator, vessel owners shall be 
responsible for paying the cost of the observer, regardless of whether 
the vessel lands or sells sea scallops on that trip, and regardless of 
the availability of set-aside for an increased possession limit.
    (e) Possession limits and/or number of trips to defray the costs of 
sea scallop research--(1) Research set-aside limits and number of trips 
by area--(i) Nantucket Lightship Access Area. For the 2008 fishing year, 
the research set-aside for the Nantucket Lightship Access Area is 
110,000 lb (50 mt).
    (ii) Closed Area II Access Area. For the 2009 fishing year, the 
research set-aside for the Closed Area II Access Area is 116,000 lb (53 
mt).
    (iii) Elephant Trunk Access Area. For the 2008 and 2009 fishing 
years, the research set-aside for the Elephant Trunk Access Area is 
440,000 lb (200 mt), and 324,000 lb (147 mt), respectively, unless the 
2009 set-aside is adjusted as specified in paragraph (a)(3)(i)(E) of 
this section.
    (iv) Delmarva Access Area. For the 2009 fishing year, the research 
set-aside for the Delmarva Access Area is 120,000 lb (54 mt), unless the 
2009 set-aside is adjusted as specified in paragraph (a)(3)(i)(E) of 
this section.
    (2) Increase of possession limit to defray the costs of sea scallop 
research. The Regional Administrator may increase the sea scallop 
possession limit specified in paragraph (a)(5) of this section or allow 
additional trips into a Sea Scallop Access Area to defray costs for 
approved sea scallop research up to the amount specified in paragraph 
(e)(1) of this section.
    (3) Yellowtail flounder research TAC set-aside. Vessels conducting 
research approved under the process described in Sec. 648.56, and in 
the Access Areas specified in Sec. 648.59(b) through (d) may harvest 
cumulative yellowtail flounder up to a total amount that equals 0.2 
percent of the yellowtail flounder TACs established annually, according 
to the specification procedure described in Sec. 648.85(a)(2), and 
subject to the possession limits specified in paragraph (a)(5)(ii)(C) of 
this section. Once 0.2 percent of the yellowtail flounder TACs 
established according to the specification procedure described in Sec. 
648.85(a)(2) has been harvested by research vessels, research may no 
longer be authorized in the applicable Access Area.
    (f) VMS polling. For the duration of the Sea Scallop Area Access 
Program, as described in this section, all sea scallop vessels equipped 
with a VMS

[[Page 523]]

unit shall be polled at a minimum of twice per hour, regardless of 
whether the vessel is enrolled in the Sea Scallop Area Access Program. 
Vessel owners shall be responsible for paying the costs of polling twice 
per hour.
    (g) General category scallop vessels. (1) An LAGC scallop 
vessel, except a vessel issued a NE Multispecies permit and an LAGC 
scallop permit that is fishing in an approved SAP under Sec. 648.85 
under multispecies DAS that has not enrolled in the LAGC Access Area 
fishery, may only fish in the Closed Area I, Closed Area II, and 
Nantucket Lightship Sea Scallop Access Areas specified in Sec. 
648.59(b) through (d), subject to the seasonal restrictions specified in 
Sec. 648.59(b)(4), (c)(4), and (d)(4), and subject to the possession 
limit specified in Sec. 648.52(a), and provided the vessel complies 
with the requirements specified in paragraphs (a)(1), (a)(2), (a)(6) 
through (a)(9), (d), (e), (f), and (g) of this section, and Sec. 
648.85(c)(3)(ii). A vessel issued a NE Multispecies permit and an LAGC 
scallop permit that is fishing in an approved SAP under Sec. 648.85 
under multispecies DAS that has not enrolled in the Sea Scallop Area 
Access program as specified in paragraph (a)(2) of this section is not 
subject to the restrictions and requirements specified in Sec. 
648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and this paragraph (g), but 
may not fish for, possess, or land scallops on such trips.
    (2) Gear restrictions. An LAGC scallop vessel authorized to fish in 
the Access Areas specified in Sec. 648.59(b) through (d) must fish with 
dredge gear only. The combined dredge width in use by, or in possession 
on board, LAGC scallop vessels fishing in the Access Areas described in 
Sec. 648.59(b) through (d) may not exceed 10.5 ft (3.2 m), measured at 
the widest point in the bail of the dredge.
    (3) Scallop TAC. An LAGC scallop vessel authorized to fish in the 
Access Areas specified in Sec. 648.59(b) through (e) may land scallops, 
subject to the possession limit specified in Sec. 648.52(a), unless the 
Regional Administrator has issued a notice that the scallop TAC 
specified in Sec. 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and 
(e)(4)(ii) in the Access Area has been or is projected to be harvested. 
Upon a determination from the Regional Administrator that the scallop 
TAC for a specified Access Area, as specified in this paragraph (g)(3), 
has been, or is projected to be harvested, the Regional Administrator 
shall publish notification of this determination in the Federal 
Register, in accordance with the Administrative Procedure Act. Once this 
determination has been made, and LAGC scallop vessel may not fish for, 
possess, or land scallops in or from the specified Access Area.
    (i) Closed Area I Access Area. 86,414 (38 mt) in 2007.
    (ii) Closed Area II Access Area. 346,170 (157 mt) in 2006.
    (iii) Nantucket Lightship Access Area. 230,780 lb (105 mt) in 2006, 
and 157,454 lb (71 mt) in 2007.
    (v) Elephant Trunk Access Area. 346,000 lb (157 mt) in 2007.
    (v) Possession Limits--(A) Scallops. A vessel issued a NE 
Multispecies permit and a general category scallop permit that is 
fishing in an approved SAP under Sec. 648.85 under multispecies DAS 
that has not enrolled in the general category Access Area fishery is 
prohibited from possessing scallops. A general category scallop vessel 
authorized to fish in the Access Areas specified in Sec. 648.59(b) 
through (e) may possess scallops up to the possession limit specified in 
Sec. 648.52(b), subject to a limit on the total number of trips that 
can be taken by all such vessels into the Access Areas, as specified in 
Sec. 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and (e)(4)(ii). Upon a 
determination by the Regional Administrator that the total number of 
trips allowed for general category vessels have been or are projected to 
be taken, the Regional Administrator shall publish notification of this 
determination in the Federal Register, in accordance with the 
Administrative Procedure Act, and general category vessels may no longer 
fish within the specified Access Area.
    (B) Other species. Except for vessels issued a general category 
scallop permit and fishing under an approved NE multispecies SAP under 
NE multispecies DAS, general category vessels fishing in the Access 
Areas specified in Sec. 648.59(b) through (d) are prohibited from 
possessing any species of fish other than scallops.

[[Page 524]]

    (vi) Elephant Trunk Access Area. 346,000 lb (157 mt) in 2007.
    (4) Number of trips. A general category scallop vessel may not fish 
for, possess, or land scallops in or from the Access Areas specified in 
Sec. 648.59(b) through (e) after the effective date of the notification 
published in the Federal Register, stating that the total number of 
trips specified in Sec. 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and 
(e)(4)(ii) have been, or are projected to be, taken by general category 
scallop vessels.

[71 FR 33231, June 8, 2006, as amended at 72 FR 32559, June 13, 2007; 72 
FR 72629, Dec. 21, 2007; 73 FR 20130, Apr. 14, 2008; 73 FR 30810, May 
29, 2008; 74 FR 20555, May 4, 2009]



Sec. 648.61  EFH closed areas.

    Notwithstanding any other provision of this part, the following 
areas identified in paragraphs (a) through (e) of this section are 
closed to scallop fishing to protect EFH from adverse effects of scallop 
fishing (copies of charts depicting these areas are available from the 
Regional Administrator upon request):
    (a) Closed Area I EFH Closure. No vessel may fish for scallops in, 
or possess or land scallops from, the area known as the Closed Area I 
EFH Closure. No vessel may possess scallops in the Closed Area I EFH 
Closure, unless such vessel is only transiting the area as provided in 
paragraph (e) of this section. The Closed Area I EFH Closure consists of 
two sections, defined by straight lines connecting the points in the 
order stated in the following table:

                                Section 1
------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
                  CAIE1                         41[deg]30[m  69[deg]23[m
                                                     in] N.       in] W.
                  CAIE2                         41[deg]30[m  68[deg]35[m
                                                     in] N.       in] W.
                  CAIE3                         41[deg]08[m  69[deg]4.2[
                                                     in] N.      min] W.
                  CAIE4                         41[deg]30[m  69[deg]23[m
                                                     in] N.       in] W.
------------------------------------------------------------------------


                                Section 2
------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
                  CAIE5                         41[deg]04.5  69[deg]1.2[
                                                   [min] N.      min] W.
                  CAIE6                         41[deg]09[m  68[deg]30[m
                                                     in] N.       in] W.
                  CAIE7                         40[deg]45[m  68[deg]30[m
                                                     in] N.       in] W.
                  CAIE8                         40[deg]45[m  68[deg]45[m
                                                     in] N.       in] W.
                  CAIE5                         41[deg]04.5  69[deg]1.2[
                                                   [min] N.      min] W.
------------------------------------------------------------------------

    (b) Closed Area II EFH Closure. No vessel may fish for scallops in, 
or possess or land scallops from, the area known as the Closed Area II 
EFH Closure. No vessel may possess scallops in the Closed Area II EFH 
Closure, unless such vessel is only transiting the area as provided in 
paragraph (e) of this section. The Closed Area II EFH Closure is defined 
by straight lines connecting the points in the order stated in the 
following table:

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
                  CAIIE1                        42[deg]22[m  67[deg]20[m
                                                     in] N.   in] W. \1\
                  CAIIE2                        41[deg]30[m  66[deg]34.8
                                                     in] N.     [min] W.
                                                                     \1\
                  CAIIE3                        41[deg]30[m  67[deg]20[m
                                                     in] N.       in] W.
                  CAIIE1                        42[deg]22[m  67[deg]20[m
                                                     in] N.   in] W. \1\
------------------------------------------------------------------------
\1\ The U.S/Canada Maritime Boundary

    (c) Nantucket Lightship Closed Area EFH Closure. No vessel may fish 
for scallops in, or possess or land scallops from, the area known as the 
Nantucket Lightship Closed Area EFH Closure. No vessel may possess 
scallops in the Nantucket Lightship Closed Area EFH Closure, unless such 
vessel is only transiting the area as provided in paragraph (e) of this 
section. The Nantucket Lightship Closed Area EFH Closure is defined by 
straight lines connecting the points in the order stated in the 
following table:

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
                  NLSE1                         40[deg]50[m  70[deg]20[m
                                                     in] N.       in] W.
                  NLSE2                         40[deg]50[m  69[deg]29.5
                                                     in] N.     [min] W.
                  NLSE3                         40[deg]30[m  69[deg]14.5
                                                     in] N.     [min] W.
                  NLSE4                         40[deg]30[m  69[deg]00[m
                                                     in] N.       in] W.
                  NLSE5                         40[deg]20[m  69[deg]00[m
                                                     in] N.       in] W.
                  NLSE6                         40[deg]20[m  70[deg]20[m
                                                     in] N.       in] W.
                  NLSE1                         40[deg]50[m  70[deg]20[m
                                                     in] N.       in] W.
------------------------------------------------------------------------

    (d) Western Gulf of Maine EFH Closure. No vessel may fish for 
scallops in, or possess or land scallops from, the area known as the 
Western Gulf of Maine EFH Closure. No vessel may possess scallops in the 
Western Gulf of Maine EFH Closure, unless such vessel is only transiting 
the area as provided in paragraph (e) of this section. The Western Gulf 
of Maine EFH Closure is defined by straight lines connecting the points 
in the order stated in the following table:

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
                  WGOM1                         43[deg]15[m  70[deg]15[m
                                                     in] N.       in] W.
                  WGOM2                         43[deg]15[m  69[deg]55[m
                                                     in] N.       in] W.
                  WGOM3                         42[deg]15[m  69[deg]55[m
                                                     in] N.       in] W.
                  WGOM4                         42[deg]15[m  70[deg]15[m
                                                     in] N.       in] W.
                  WGOM1                         43[deg]15[m  70[deg]15[m
                                                     in] N.       in] W.
------------------------------------------------------------------------


[[Page 525]]

    (e) Transiting. A vessel may transit the area(s) specified in 
paragraphs (a), (c), and (d) of this section, provided that its gear is 
stowed in accordance with the provisions of Sec. 648.23(b). A vessel 
may transit the area specified in paragraph (b) of this section, in 
accordance with Sec. 648.81(b)(2)(iv).

[70 FR 66798, Nov. 3, 2005]



Sec. 648.62  Northern Gulf of Maine (NGOM) scallop management area.

    (a) The NGOM scallop management area is the area north of 42(20' N. 
lat. and within the boundaries of the Gulf of Maine Scallop Dredge 
Exemption Area as specified in Sec. 648.80(a)(11). To fish for or 
possess scallops in the NGOM scallop management area, a vessel must have 
been issued a scallop permit as specified in Sec. 648.4(a)(2).
    (1) If a vessel has been issued a NGOM scallop permit, the vessel is 
restricted to fishing for or possessing scallops only in the NGOM 
scallop management area.
    (2) Scallop landings by all vessels issued LAGC scallop permits, 
including IFQ scallop permits, and fishing in the NGOM scallop 
management area shall be deducted from the NGOM scallop total allowable 
catch specified in paragraph (b) of this section. Scallop landings by 
IFQ scallop vessels fishing in the NGOM scallop management area shall be 
deducted from their respective scallop IFQs. Landings by limited access 
scallop vessels fishing under the scallop DAS program shall not be 
deducted from the NGOM total allowable catch specified in paragraph (b) 
of this section.
    (3) A vessel issued a NGOM or IFQ scallop permit that fishes in the 
NGOM may fish for, possess, or retain up to 200 lb (90.7 kg) of shucked 
or 25 bu (8.81 hL) of in-shell scallops, and may possess up to 50 bu 
(17.6 hL) of in-shell scallops seaward of the VMS Demarcation Line. A 
vessel issued an incidental catch general category scallop permit that 
fishes in the NGOM may fish for, possess, or retain only up to 40 lb of 
shucked or 5 U.S. bu (1.76 hL) of in-shell scallops, and may possess up 
to 10 bu (3.52 hL) of in-shell scallops seaward of the VMS Demarcation 
Line.
    (b) Total allowable catch. The total allowable catch for the NGOM 
scallop management area shall be specified through the framework 
adjustment process. The total allowable catch for the NGOM scallop 
management area shall be based on the Federal portion of the scallop 
resource in the NGOM. The total allowable catch shall be determined by 
historical landings until additional information on the NGOM scallop 
resource is available, for example through an NGOM resource survey and 
assessment. The total allowable catch and allocations as specified in 
Sec. 648.53(a) shall not include the total allowable catch for the NGOM 
scallop management area, and landings from the NGOM scallop management 
area shall not be counted against the total allowable catch and 
allocations specified in Sec. 648.53(a).
    (1) NGOM TAC. The TAC for the NGOM shall be 70,000 lb (31.8 mt) for 
both the 2008 and 2009 fishing years.
    (2) Unless a vessel has fished for scallops outside of the NGOM 
scallop management area and is transiting NGOM scallop management area 
with all fishing gear stowed in accordance with Sec. 648.23(b), no 
vessel issued a scallop permit pursuant to Sec. 648.4(a)(2) may 
possess, retain, or land scallops in the NGOM scallop management area 
once the Regional Administrator has provided notification in the Federal 
Register that the NGOM scallop total allowable catch in accordance with 
this paragraph (b) has been reached. A vessel that has not been issued a 
Federal scallop permit that fishes exclusively in state waters is not 
subject to the closure of the NGOM scallop management area.
    (c) VMS requirements. Except scallop vessels issued a limited access 
scallop permit pursuant to Sec. 648.4(a)(2)(i) that have declared a 
trip under the scallop DAS program, a vessel issued a scallop permit 
pursuant to Sec. 648.4(a)(2) that intends to fish for scallops in the 
NGOM scallop management area or fishes for, possesses, or lands scallops 
in or from the NGOM scallop management area, must declare a NGOM scallop 
management area trip and report scallop catch through the vessel's VMS 
unit, as required in Sec. 648.10.
    (d) Gear restrictions. Except scallop vessels issued a limited 
access scallop permit pursuant to Sec. 648.4(a)(2)(i) that

[[Page 526]]

have properly declared a trip under the scallop DAS program, the 
combined dredge width in use by, or in possession on board, LAGC scallop 
vessels fishing in the NGOM scallop management area may not exceed 10.5 
ft (3.2 m), measured at the widest point in the bail of the dredge.

[73 FR 20131, Apr. 14, 2008]



Sec. 648.63  General category Sectors and harvesting cooperatives.

    (a) Procedure for implementing Sector allocation proposals. (1) Any 
person may submit a Sector allocation proposal for a group of LAGC 
scallop vessels to the Council, at least 1 year in advance of the start 
of the proposed sector, and request that the Sector be implemented 
through a framework procedure specified at Sec. 648.55, in accordance 
with the conditions and restrictions of this section.
    (2) Upon receipt of a Sector allocation proposal, the Council must 
decide whether to initiate such framework. Should a framework adjustment 
to authorize a Sector allocation be initiated, the Council shall follow 
the framework adjustment provisions of Sec. 648.55. Any framework 
adjustment developed to implement a Sector allocation proposal must be 
in compliance with the general requirements specified in paragraphs (b) 
and (c) of this section. Vessels that do not join a Sector remain 
subject to the LAGC scallop vessel regulations for non-Sector vessels 
specified under this part.
    (b) General requirements applicable to all Sector allocations. All 
Sectors approved under the provisions of paragraph (a) of this section 
must submit the documents specified under paragraphs (a)(1) and (c) of 
this section, and comply with the conditions and restrictions of this 
paragraph (b).
    (1) Participation. (i) Only LAGC scallop vessels are eligible to 
form Sectors, and Sectors may choose which eligible permit holders to 
include or exclude in the sector, consistent with all applicable law. A 
Sector may establish additional criteria for determining its membership, 
provided such criteria are specified in the Sector's operations plan and 
are consistent with all applicable law. Any interested group that meets 
the eligibility criteria may submit a proposal for a Sector. To initiate 
the process of Sector creation, a group (two or more) of permit holders 
must agree to cooperate and submit a binding plan for management of that 
Sector's allocation of total allowable catch. Vessels that do not choose 
to participate in a sector will fish under the IFQ program and remain in 
the non-sector scallop fishery.
    (ii) Participation by incidental catch or NGOM scallop vessels in 
the Sector is subject to approval by the Council as part of the action 
that implements the Sector allocation, provided the details of such 
participation are specified in the Sector's operations plan. A Sector 
allocation may be harvested by non-Sector members, provided the Sector 
operations plan specifies that the Sector may authorize non-Sector 
vessels to harvest the Sector allocation. In this case, if the Sector is 
approved, the landings history of the participating non-Sector vessels 
may not be used in the calculation of future Sector shares and may not 
be used as scallop catch history for such vessels. The operations plan 
must specify how such participating non-Sector shall be subject to the 
rules of the Sector.
    (iii) Once a vessel operator and/or vessel owner signs a binding 
contract to have his/her vessel participate in a Sector, that vessel 
must remain in the Sector for the remainder of the fishing year.
    (iv) Vessels that fish in the LAGC scallop fishery outside the 
Sector allocation in a given fishing year may not participate in a 
Sector during that same fishing year, unless the Operations Plan 
provides an acceptable method for accounting for IFQ used, or catch by 
the vessel, prior to implementation of the Sector.
    (v) Once a vessel operator and/or vessel owner has agreed to 
participate in a Sector as specified in paragraph (b)(1)(iii) of this 
section, that vessel must remain in the Sector for the entire fishing 
year. If a permit is transferred by a Sector participant during the 
fishing year, the new owner must also comply with the Sector regulations 
for the remainder of the fishing year.
    (vi) Vessels and vessel operators and/or vessel owners removed from 
a Sector

[[Page 527]]

for violation of the Sector rules will not be eligible to fish under the 
scallop regulations for non-Sector vessels specified under this part 
either for any period specified in the final decision of penalty or 
sanction.
    (vii) If a pre-existing Sector accepts a new member, the percentage 
share brought to the Sector is based on that vessel's average 
qualification landings at the time it joins the Sector (i.e., the vessel 
is treated as a ``Sector of one'' and a share based on the appropriate 
adjusted TACs is calculated). This new single-vessel-Sector share is 
added to the existing Sector. If a vessel leaves a Sector, that Sector's 
share is reduced by the individual vessel share the exiting vessel had 
when it joined the Sector.
    (viii) A vessel may not be a member of more than one Sector. Once a 
vessel enters into a Sector, it cannot fish during that fishing year 
under the regulations that apply to the common pool. Additionally, 
vessels cannot shift from one Sector to another during a single fishing 
year. Therefore, if a vessel leaves a Sector for any reason, it cannot 
participate in the general category scallop fishery during the remainder 
of that fishing year
    (2) Allocation of TAC to Sectors. (i) The Sector allocation shall be 
equal to a percentage share of the TAC allocation for IFQ scallop 
vessels specified in Sec. 648.53(a), similar to a IFQ scallop vessel's 
IFQ as specified in Sec. 648.53(h). The Sector's percentage share of 
the IFQ scallop fishery TAC catch shall not change, but the amount of 
allocation based on the percentage share will change based on the TAC 
specified in Sec. 648.53(a).
    (ii) Sector share determination. When a Sector proposal is 
submitted, NMFS shall verify the contribution percentage as specified in 
Sec. 648.53(h)(2)(iii) for each vessel listed as a Sector member. The 
Sector's share shall be the sum of the participating vessels' 
contribution percentages.
    (iii) A Sector shall not be allocated more than 20 percent of the 
TAC for IFQ vessels specified in Sec. 648.53(a)(5)(ii) or (iii).
    (3) Once a Sector's allocation is projected to be harvested, Sector 
operations will be terminated for the remainder of the fishing year.
    (4) If a Sector's allocation is exceeded in a given fishing year, 
the Sector, each vessel, and vessel operator and/or vessel owner 
participating in the Sector may be charged jointly and severally for 
civil penalties and permit sanction pursuant to 15 CFR part 904. If a 
Sector exceeds its allocation in more than one fishing year, the 
Sector's authorization to operate may be withdrawn.
    (5) A vessel operator and/or vessel owner participating in a Sector 
is not subject to the limit on the vessel's catch based on the vessel's 
own IFQ or contribution percentage as defined in Sec. 
648.53(h)(2)(iii), provided the vessel is participating in the Sector 
and carries on board a Letter of Authorization to participate in the 
Sector and exempts the vessel from its IFQ limit and any other related 
measures. The Sector shall determine how the Sector's allocation will be 
divided between its participating vessels, regardless of whether the 
catch by a participating vessel exceeds that vessel's own IFQ.
    (6) Each vessel operator and/or vessel owner fishing under an 
approved Sector must comply with all scallop management measures of this 
part and other applicable law, unless exempted under a Letter of 
Authorization, as specified in paragraph (b)(11) of this section. Each 
vessel and vessel operator and/or vessel owner participating in a Sector 
must also comply with all applicable requirements and conditions of the 
Operations Plan specified in paragraph (c) of this section and the 
Letter of Authorization issued pursuant to paragraph (b)(11) of this 
section. It shall be unlawful to violate any such conditions and 
requirements and each Sector, vessel, and vessel operator and/or vessel 
owner participating in the Sector may be charged jointly and severally 
for civil penalties and permit sanctions pursuant to 15 CFR part 904.
    (7) Approved Sectors must submit an annual year-end report to NMFS 
and the Council, within 60 days of the end of the fishing year, that 
summarizes the fishing activities of its members, including harvest 
levels of all federally managed species by Sector vessels, enforcement 
actions, and other relevant

[[Page 528]]

information required to evaluate the performance of the Sector.
    (8) It shall be the responsibility of each Sector to track its 
activity and internally enforce any provisions adopted through 
procedures established in the operations plan and agreed to through the 
Sector contract. Sector contracts should describe graduated sanctions, 
including grounds for expulsion of Sector member vessels. The Sector and 
participating Sector vessels shall be subject to NMFS enforcement action 
for violations of the regulations pertaining to Sectors and other 
regulations under 50 CFR part 648. Vessels operating within a Sector are 
responsible for judgments against the Sector. Sector operations plans 
shall specify how a Sector will monitor its landings to assure that 
Sector landings do not exceed the Sector allocation. At the end of the 
fishing year, NMFS shall evaluate landings using VMS and any other 
available information to determine whether a Sector has exceeded any of 
its allocations based on the list of participating vessels submitted in 
the operations plan. If a Sector exceeds its TAC, the Sector may have 
its authorization as a Sector withdrawn by the Regional Administrator, 
after consultation with the Council, and may be subject to enforcement 
action.
    (9) Permanent or temporary transfers of allocation between Sectors 
or between Sector and non-Sector participants is prohibited. For 
purposes of harvesting a Sector allocation only, vessels under contract 
to a Sector are assumed to be part of that Sector for the duration of 
that contract.
    (10) The Sector allocation proposal must contain an appropriate 
analysis that assesses the impact of the proposed Sector, in compliance 
with the National Environmental Policy Act.
    (11) If a Sector is approved as specified in paragraph (d)(3) of 
this section, the Regional Administrator shall issue a Letter of 
Authorization to each vessel operator and/or owner for the participating 
Sector vessel. The Letter of Authorization shall authorize participation 
in the Sector operations and may exempt the participating vessel from 
the requirement that the vessel cannot exceed its own IFQ and related 
measures. The Letter of Authorization may include requirements and 
conditions deemed necessary to ensure effective administration of and 
compliance with the Sector's operations plan and the Sector's 
allocation.
    (c) Operations plans. (1) A group that wants to form a Sector and 
receive an allocation must submit a legally binding operations plan to 
the Council and the Regional Administrator. The operations plan must be 
agreed upon and signed by all members of the Sector and, if approved, 
shall constitute a contract.
    (2) The operations plan among all of the Sector members must have, 
at a minimum, the following components:
    (i) A list of all participants;
    (ii) A contract signed by all participants indicating their 
agreement to abide by the operations plan;
    (iii) An entity name, address, phone number, and the name and 
contact information for a Sector representative (a manager or director) 
that NMFS can contact regarding Sector management issues;
    (iv) A plan explaining how the Sector will harvest its allocation, 
including methods to inform NMFS of changes in those arrangements over 
the year;
    (v) The original distribution of catch history of vessels in the 
Sector (maintaining vessel data confidentiality);
    (vi) A plan detailing how the Sector will avoid exceeding its 
allocated TACs, including provisions for monitoring and enforcement of 
the Sector regulations, and documenting all landings and discards;
    (vii) Rules for entry to and exit from the Sector, including 
sanctions and procedures for removing members who do not comply with the 
operations plan;
    (viii) Procedure for notifying NMFS if a member is no longer part of 
the Sector and the reason for leaving;
    (ix) The process through which the operations plan can be amended by 
Sector members;
    (x) If the Sector plans to authorize non-Sector vessels to harvest 
scallops allocated to the Sector, details of such arrangements must be 
described in the operations plan;
    (xi) Any documents and analyses necessary to comply with the 
National Environmental Protection Act must be

[[Page 529]]

submitted to NMFS. The development of the analytical document is the 
responsibility of the applicants.
    (xii) Any other information determined to be necessary and 
appropriate.
    (d) Sector review, approval, and revocation. (1) A Sector shall 
submit its operations plan and any NEPA documents to the Regional 
Administrator and the Council no less than 1 year prior to the date that 
it wishes to begin operations under the Sector. The Council shall 
consider this plan in the course of the periodic framework adjustment or 
specification process and may, if approved, implement it through either 
of those processes. After Council approval of a Sector, the details of 
its operation shall be addressed between the Sector and NMFS, although 
the New England Fishery Management Council may review and provide 
comment on the proposed details.
    (2) The Regional Administrator may withdraw approval of a Sector at 
any time if he/she, in consultation with the New England Fishery 
Management Council, determines that Sector participants are not 
complying with the requirements of an approved operations plan or that 
the continuation of the operations plan will undermine achievement of 
fishing mortality objectives of the FMP. Withdrawal of approval of a 
Sector shall be completed after notice and comment rulemaking, pursuant 
to the Administrative Procedure Act.
    (3) A Sector is required to resubmit its operations plan to the 
Regional Administrator no later than July 1 of each year, whether or not 
the plan has changed. Once the submission documents specified under 
paragraphs (a)(1) and (c)(2) of this section have been determined to 
comply with the requirements of this section, NMFS may consult with the 
Council and shall approve or disapprove Sector operations consistent 
with applicable law.

[73 FR 20131, Apr. 14, 2008]



   Subpart E_Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries



Sec. 648.70  Annual individual allocations.

    (a) General. (1) Each fishing year, the Regional Administrator shall 
determine the initial allocation of surfclams and ocean quahogs for the 
next fishing year for each allocation holder owning an allocation 
pursuant to paragraph (a)(2) of this section. For each species, the 
initial allocation for the next fishing year is calculated by 
multiplying the allocation percentage owned by each allocation owner as 
of the last day of the previous fishing year in which allocation owners 
are permitted to permanently transfer allocation percentage pursuant to 
paragraph (b) of this section (i.e., October 15 of every year), by the 
quota specified by the Regional Administrator pursuant to Sec. 648.71. 
The total number of bushels of allocation shall be divided by 32 to 
determine the appropriate number of cage tags to be issued or acquired 
under Sec. 648.75. Amounts of allocation 0.5 or smaller created by this 
division shall be rounded downward to the nearest whole number, and 
amounts of allocation greater than 0.5 created by this division shall be 
rounded upward to the nearest whole number, so that allocations are 
specified in whole cages. These allocations shall be made in the form of 
an allocation permit specifying the allocation percentage and the 
allocation in bushels and cage tags for each species. An allocation 
permit is only valid for the entity for which it is issued. Such permits 
shall be issued on or before December 15, to allow allocation owners to 
purchase cage tags from a vendor specified by the Regional Administrator 
pursuant to Sec. 648.75(b).
    (2) The Regional Administrator may, after publication of a fee 
notification in the Federal Register, charge a permit fee before 
issuance of the permit to recover administrative expenses. Failure to 
pay the fee will preclude issuance of the permit.
    (b) Transfers--(1) Allocation percentage. Subject to the approval of 
the Regional Administrator, part or all of an allocation percentage may 
be transferred in the year in which the transfer

[[Page 530]]

is made, to any person or entity eligible to own a documented vessel 
under the terms of 46 U.S.C. 12102(a). Approval of a transfer by the 
Regional Administrator and for a new allocation permit reflecting that 
transfer may be requested by submitting a written application for 
approval of the transfer and for issuance of a new allocation permit to 
the Regional Administrator at least 10 days before the date on which the 
applicant desires the transfer to be effective, in the form of a 
completed transfer log supplied by the Regional Administrator. The 
transfer is not effective until the new holder receives a new or revised 
annual allocation permit from the Regional Administrator. An application 
for transfer may not be made between October 15 and December 31 of each 
year.
    (2) Cage tags. Cage tags issued pursuant to Sec. 648.75 may be 
transferred at any time, and in any amount subject to the restrictions 
and procedure specified in paragraph (b)(1) of this section; provided 
that application for such cage tag transfers may be made at any time 
before December 10 of each year. The transfer is effective upon the 
receipt by the transferee of written authorization from the Regional 
Administrator.
    (3) Review. If the Regional Administrator determines that the 
applicant has been issued a Notice of Permit Sanction for a violation of 
the Magnuson Act that has not been resolved, he/she may decline to 
approve such transfer pending resolution of the matter.

[61 FR 34968, July 3, 1996, as amended at 68 FR 69973, Dec. 16, 2003; 70 
FR 2026, Jan. 12, 2005]



Sec. 648.71  Catch quotas.

    (a) Establishing quotas. Beginning in 2005, the amount of surfclams 
or ocean quahogs that may be caught annually by fishing vessels subject 
to these regulations will be specified for a 3-year period by the 
Regional Administrator. The initial 3-year specification will be based 
on the most recent available survey and stock assessments for Atlantic 
surfclams and ocean quahogs. Subsequent 3-year specifications of the 
annual quotas will be accomplished in the third year of the quota 
period, unless the quotas are modified in the interim pursuant to Sec. 
648.71(b). The amount of surfclams available for harvest annually must 
be specified within the range of 1.85 to 3.4 m bu (98.5 to 181 m L) per 
year. The amount of ocean quahogs available for harvest annually must be 
specified within the range of 4 to 6 m bu (213 to 319.4 m L).
    (1) Quota reports. On an annual basis, MAFMC staff will produce an 
Atlantic surfclam and ocean quahog annual quota recommendation paper to 
the MAFMC based on the latest available stock assessment report prepared 
by NMFS, data reported by harvesters and processors, and other relevant 
data, as well as the information contained in paragraphs (a)(1)(i) 
through (vi) of this section. Based on that report, and at least once 
prior to August 15 of the year in which a 3-year annual quota 
specification expires, the MAFMC, following an opportunity for public 
comment, will recommend to the Regional Administrator annual quotas and 
estimates of DAH and DAP within the ranges specified for a 3-year 
period. In selecting the annual quotas, the MAFMC shall consider the 
current stock assessments, catch reports, and other relevant information 
concerning:
    (i) Exploitable and spawning biomass relative to the OY.
    (ii) Fishing mortality rates relative to the OY.
    (iii) Magnitude of incoming recruitment.
    (iv) Projected effort and corresponding catches.
    (v) Geographical distribution of the catch relative to the 
geographical distribution of the resource.
    (vi) Status of areas previously closed to surfclam fishing that are 
to be opened during the year and areas likely to be closed to fishing 
during the year.
    (2) Public review. Based on the recommendation of the MAFMC, the 
Regional Administrator shall publish proposed surfclam and ocean quahog 
quotas in the Federal Register. Comments on the proposed annual quotas 
may be submitted to the Regional Administrator within 30 days after 
publication. The Assistant Administrator shall consider all comments, 
determine the appropriate annual quotas, and publish the annual quotas 
in the Federal Register each year. The quota shall be set at that amount 
that is

[[Page 531]]

most consistent with the objectives of the Atlantic Surfclam and Ocean 
Quahog FMP. The Regional Administrator may set quotas at quantities 
different from the MAFMC's recommendations only if he/she can 
demonstrate that the MAFMC's recommendations violate the national 
standards of the Magnuson-Stevens Act and the objectives of the Atlantic 
Surfclam and Ocean Quahog FMP and other applicable law.
    (b) Interim quota modifications. Based upon information presented in 
the quota reports described in paragraph (a)(1) of this section, the 
MAFMC may recommend to the Regional Administrator a modification to the 
annual quotas that have been specified for a 3-year period and any 
estimate of DAH or DAP made in conjunction with such specifications 
within the ranges specified in paragraph (a)(1) of this section. Based 
upon the Council's recommendation, the Regional Administrator may 
propose surfclam and or ocean quahog quotas that differ from the annual 
quotas specified for the current 3-year period. Such modification shall 
be in effect for a period of 3 years from the year in which it is first 
implemented, unless further modified. Any interim modification shall 
follow the same procedures for establishing the annual quotas that are 
specified for a 3-year period.
    (c) Annual quotas. The annual quotas for surfclams and ocean quahogs 
will remain effective unless revised pursuant to this section. NMFS will 
issue notification in the Federal Register if the previous year's 
specifications will not be changed.

[68 FR 69973, Dec. 16, 2003, as amended at 70 FR 2026, Jan. 12, 2005]



Sec. 648.72  Minimum surf clam size.

    (a) Minimum length. The minimum length for surf clams is 4.75 inches 
(12.065 cm).
    (b) Determination of compliance. No more than 50 surf clams in any 
cage may be less than 4.75 inches (12.065 cm) in length. If more than 50 
surf clams in any inspected cage of surf clams are less than 4.75 inches 
(12.065 cm) in length, all cages landed by the same vessel from the same 
trip are deemed to be in violation of the minimum size restriction.
    (c) Suspension. Upon the recommendation of the MAFMC, the Regional 
Administrator may suspend annually, by publication in the Federal 
Register, the minimum shell-height standard, unless discard, catch, and 
survey data indicate that 30 percent of the surf clams are smaller than 
4.75 inches (12.065 cm) and the overall reduced shell height is not 
attributable to beds where the growth of individual surf clams has been 
reduced because of density dependent factors.
    (d) Measurement. Length is measured at the longest dimension of the 
surf clam shell.



Sec. 648.73  Closed areas.

    (a) Areas closed because of environmental degradation. Certain areas 
are closed to all surf clam and ocean quahog fishing because of adverse 
environmental conditions. These areas will remain closed until the 
Assistant Administrator determines that the adverse environmental 
conditions no longer exist. If additional areas are identified by the 
Assistant Administrator as being contaminated by the introduction or 
presence of hazardous materials or pollutants, they may be closed by the 
Assistant Administrator in accordance with paragraph (c) of this 
section. The areas closed are:
    (1) Boston Foul Ground. The waste disposal site known as the 
``Boston Foul Ground'' and located at 42[deg]25[min]36[sec] N. lat., 
70[deg]35[min]00[sec] W. long., with a radius of 1 nautical mile in 
every direction from that point.
    (2) New York Bight. The polluted area and waste disposal site known 
as the ``New York Bight'' and located at 40[deg]25[min]04[sec] N. lat., 
73[deg]42[min]38[sec] W. long., and with a radius of 6 nm in every 
direction from that point, extending further northwestward, westward and 
southwestward between a line from a point on the arc at 
40[deg]31[min]00[sec] N. lat., 73[deg]43[min]38[sec] W. long., directly 
northward toward Atlantic Beach Light in New York to the limit of the 
state territorial waters of New York; and a line from the point on the 
arc at 40[deg]19[min]48[sec] N. lat., 73[deg]45[min]42[sec] W. long., to 
a point at the limit of the state territorial waters of New Jersey at 
40[deg]14[min]00[sec] N. lat., 73[deg]55[min]42[sec] W. long.
    (3) 106 Dumpsite. The toxic industrial site known as the ``106 
Dumpsite[sec] and

[[Page 532]]

located between 38[deg]40[min]00[sec] and 39[deg]00[min]00[sec] N. lat., 
and between 72[deg]00[min]00[sec] and 72[deg]30[min]00[sec] W. long.
    (4) Georges Bank. The paralytic shellfish poisoning (PSP) 
contaminated area, which is located in Georges Bank, and is located east 
of 69[deg] W. longitude, and south of 42[deg]20[min] N. latitude.
    (b) Areas closed because of small surf clams. Areas may be closed 
because they contain small surf clams.
    (1) Closure. The Assistant Administrator may close an area to surf 
clams and ocean quahog fishing if he/she determines, based on logbook 
entries, processors' reports, survey cruises, or other information, that 
the area contains surf clams of which:
    (i) Sixty percent or more are smaller than the minimum size (4.5 
inches (11.43 cm)); and
    (ii) Not more than 15 percent are larger than 5.5 inches (13.97 cm) 
in size.
    (2) Reopening. The Assistant Administrator may reopen areas or parts 
of areas closed under paragraph (b)(1) of this section if he/she 
determines, based on survey cruises or other information, that:
    (i) The average length of the dominant (in terms of weight) size 
class in the area to be reopened is equal to or greater than 4.75 inches 
(12.065 cm); or
    (ii) The yield or rate of growth of the dominant shell-height class 
in the area to be reopened would be significantly enhanced through 
selective, controlled, or limited harvest of surf clams in the area.
    (c) Procedure. (1) The Regional Administrator may hold a public 
hearing on the proposed closure or reopening of any area under paragraph 
(a) or (b) of this section. The Assistant Administrator shall publish 
notification in the Federal Register of any proposed area closure or 
reopening, including any restrictions on harvest in a reopened area. 
Comments on the proposed closure or reopening may be submitted to the 
Regional Administrator within 30 days after publication. The Assistant 
Administrator shall consider all comments and publish the final 
notification of closure or reopening, and any restrictions on harvest, 
in the Federal Register. Any adjustment to harvest restrictions in a 
reopened area shall be made by notification in the Federal Register. The 
Regional Administrator shall send notice of any action under this 
paragraph (c)(1) to each surf clam and ocean quahog processor and to 
each surf clam and ocean quahog permit holder.
    (2) If the Regional Administrator determines, as the result of 
testing by state, Federal, or private entities, that a closure of an 
area under paragraph (a) of this section is necessary to prevent any 
adverse effects fishing may have on the public health, he/she may close 
the area for 60 days by publication of notification in the Federal 
Register, without prior comment or public hearing. If an extension of 
the 60-day closure period is necessary to protect the public health, the 
hearing and notice requirements of paragraph (c)(1) of this section 
shall be followed.
    (d) Areas closed due to the presence of paralytic shellfish 
poisoning toxin--(1) Maine mahogany quahog zone. The Maine mahogany 
quahog zone is closed to fishing for ocean quahogs except in those areas 
of the zone that are tested by the State of Maine and deemed to be 
within the requirements of the National Shellfish Sanitation Program and 
adopted by the Interstate Shellfish Sanitation Conference as acceptable 
limits for the toxin responsible for paralytic shellfish poisoning. 
Harvesting is allowed in such areas during the periods specified by the 
Maine Department of Marine Resources during which quahogs are safe for 
human consumption. For information regarding these areas contact the 
State of Maine Division of Marine Resources at (207-624-6550).
    (2) [Reserved]

[61 FR 34968, July 3, 1996, as amended at 62 FR 14649, Mar. 27, 1997; 62 
FR 37156, July 11, 1997; 63 FR 27485, May 19, 1998; 64 FR 57594, Oct. 
26, 1999; 70 FR 2026, Jan. 12, 2005]



Sec. 648.74  Shucking at sea.

    (a) Observers. (1) The Regional Administrator may allow the shucking 
of surf clams or ocean quahogs at sea if he/she determines that an 
observer carried aboard the vessel can measure accurately the total 
amount of surf clams and ocean quahogs harvested in the shell prior to 
shucking.
    (2) Any vessel owner may apply in writing to the Regional 
Administrator

[[Page 533]]

to shuck surf clams or ocean quahogs at sea. The application shall 
specify: Name and address of the applicant, permit number of the vessel, 
method of calculating the amount of surf clams or ocean quahogs 
harvested in the shell, vessel dimensions and accommodations, and length 
of fishing trip.
    (3) The Regional Administrator shall provide an observer to any 
vessel owner whose application is approved. The owner shall pay all 
reasonable expenses of carrying the observer on board the vessel.
    (4) Any observer shall certify at the end of each trip the amount of 
surf clams or ocean quahogs harvested in the shell by the vessel. Such 
certification shall be made by the observer's signature on the daily 
fishing log required by Sec. 648.7.
    (b) Conversion factor. (1) Based on the recommendation of the MAFMC, 
the Regional Administrator may allow shucking at sea of surf clams or 
ocean quahogs, with or without an observer, if he/she determines a 
conversion factor for shucked meats to calculate accurately the amount 
of surf clams or ocean quahogs harvested in the shell.
    (2) The Regional Administrator shall publish notification in the 
Federal Register specifying a conversion factor together with the data 
used in its calculation for a 30-day comment period. After consideration 
of the public comments and any other relevant data, the Regional 
Administrator may publish final notification in the Federal Register 
specifying the conversion factor.
    (3) If the Regional Administrator makes the determination specified 
in paragraph (b)(1) of this section, he/she may authorize the vessel 
owner to shuck surf clams or ocean quahogs at sea. Such authorization 
shall be in writing and be carried aboard the vessel.



Sec. 648.75  Cage identification.

    Except as provided in Sec. 648.76, the following cage 
identification requirements apply to all vessels issued a Federal 
fishing permit for surf clams and ocean quahogs:
    (a) Tagging. Before offloading, all cages that contain surfclams or 
ocean quahogs must be tagged with tags acquired annually under paragraph 
(b) of this section. A tag must be fixed on or as near as possible to 
the upper crossbar of the cage. A tag is required for every 60 ft\3\ 
(1,700 L) of cage volume, or portion thereof. A tag or tags must not be 
removed until the cage is emptied by the processor, at which time the 
processor must promptly remove and retain the tag(s) for 60 days beyond 
the end of the calendar year, unless otherwise directed by authorized 
law enforcement agents.
    (b) Issuance. The Regional Administrator will issue a supply of tags 
to each individual allocation owner qualifying for an allocation under 
Sec. 648.70 prior to the beginning of each fishing year, or he/she may 
specify, in the Federal Register, a vendor from whom the tags shall be 
purchased. The number of tags will be based on the owner's initial 
allocation as specified in Sec. 648.70(a). Each tag represents 32 bu 
(1,700 L) of allocation.
    (c) Expiration. Tags will expire at the end of the fishing year for 
which they are issued, or if rendered null and void in accordance with 
15 CFR part 904.
    (d) Return. Tags that have been rendered null and void must be 
returned to the Regional Administrator, if possible.
    (e) Loss. Loss or theft of tags must be reported by the owner, 
numerically identifying the tags to the Regional Administrator by 
telephone as soon as the loss or theft is discovered and in writing 
within 24 hours. Thereafter, the reported tags shall no longer be valid 
for use under this part.
    (f) Replacement. Lost or stolen tags may be replaced by the Regional 
Administrator if proper notice of the loss is provided by the person to 
whom the tags were issued. Replacement tags may be purchased from the 
Regional Administrator or a vendor with a written authorization from the 
Regional Administrator.
    (g) Transfer. See Sec. 648.70(b)(2).
    (h) Presumptions. Surf clams and ocean quahogs found in cages 
without a valid state tag are deemed to have been harvested in the EEZ 
and to be part of an individual's allocation, unless the individual 
demonstrates that he/she has surrendered his/her Federal vessel permit 
issued under Sec. 648.4(a)(4) and

[[Page 534]]

conducted fishing operations exclusively within waters under the 
jurisdiction of any state. Surf clams and ocean quahogs in cages with a 
Federal tag or tags, issued and still valid pursuant to this section, 
affixed thereto are deemed to have been harvested by the individual 
allocation holder to whom the tags were issued under Sec. 648.75(b) or 
transferred under Sec. 648.70(b).

[61 FR 34968, July 3, 1996, as amended at 63 FR 27485, May 19, 1998; 68 
FR 69974, Dec. 16, 2003; 72 FR 51703, Sept. 11, 2007]



Sec. 648.76  Maine mahogany quahog zone.

    (a) Landing requirements. (1) A vessel issued a valid Maine mahogany 
quahog permit pursuant to Sec. 648.4(a)(4)(i), and fishing for or 
possessing ocean quahogs within the Maine mahogany quahog zone, must 
land its catch in the State of Maine.
    (2) A vessel fishing under an individual allocation permit, 
regardless of whether it has a Maine mahogany quahog permit, fishing for 
or possessing ocean quahogs within the zone, may land its catch in the 
State of Maine, or, consistent with applicable state law in any other 
state that utilizes food safety-based procedures including sampling and 
analyzing for PSP toxin consistent with those food safety-based 
procedures used by the State of Maine for such purpose, and must comply 
with all requirements in Sec. Sec. 648.70 and 648.75. Documentation 
required by the state and other laws and regulations applicable to food 
safety-based procedures must be made available by federally-permitted 
dealers for inspection by NMFS .
    (b) Quota monitoring and closures--(1) Catch quota. (i) The annual 
quota for harvest of mahogany quahogs from within the Maine mahogany 
quahog zone is 100,000 Maine bushels (35,150 hL). The quota may be 
revised annually within the range of 17,000 and 100,000 Maine bushels 
(5,975 and 35,150 hL) following the procedures set forth in Sec. 
648.71.
    (ii) All mahogany quahogs landed for sale in Maine by vessels issued 
a Maine mahogany quahog permit and not fishing for an individual 
allocation of ocean quahogs under Sec. 648.70 shall be applied against 
the Maine mahogany quahog quota, regardless of where the mahogany 
quahogs are harvested.
    (iii) All mahogany quahogs landed by vessels fishing in the Maine 
mahogany quahog zone for an individual allocation of quahogs under Sec. 
648.70 will be counted against the ocean quahog allocation for which the 
vessel is fishing.
    (iv) The Regional Administrator will monitor the quota based on 
dealer reports and other available information and shall determine the 
date when the quota will be harvested. NMFS shall publish notification 
in the Federal Register advising the public that, effective upon a 
specific date, the Maine mahogany quahog quota has been harvested and 
notifying vessel and dealer permit holders that no Maine mahogany quahog 
quota is available for the remainder of the year.
    (2) Maine Mahogany Quahog Advisory Panel. The Council shall 
establish a Maine Mahogany Quahog Advisory Panel consisting of 
representatives of harvesters, dealers, and the Maine Department of 
Marine Resources. The Advisory Panel shall make recommendations, through 
the Surf Clam and Ocean Quahog Committee of the Council, regarding 
revisions to the annual quota and other management measures.

[63 FR 27485, May 19, 1998]



Sec. 648.77  Framework adjustments to management measures.

    (a) Within season management action. The Council, at any time, may 
initiate action to add or adjust management measures within the Atlantic 
Surf Clam and Ocean Quahog FMP if it finds that action is necessary to 
meet or be consistent with the goals and objectives of the plan.
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of the 
availability of the recommendation(s), appropriate justification(s) and 
economic and biological analyses, and the opportunity to comment on the 
proposed adjustment(s) at the first meeting, and prior to and at the 
second Council meeting. The Council's recommendations on adjustments or 
additions to management

[[Page 535]]

measures must come from one or more of the following categories: The 
overfishing definition (both the threshold and target levels), 
description and identification of EFH (and fishing gear management 
measures that impact EFH), habitat areas of particular concern, set-
aside quota for scientific research, VMS, OY range, suspension or 
adjustment of the surfclam minimum size limit, and changes to the 
Northeast Region SBRM (including the CV-based performance standard, the 
means by which discard data are collected/obtained, fishery 
stratification, reports, and/or industry-funded observers or observer 
set-aside programs).
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale, if management measures are recommended, an 
analysis of impacts, and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule. If the 
Council recommends that the management measures should be issued as a 
final rule, it must consider at least the following factors, and provide 
support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether the regulations would have to be in place for 
an entire harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) NMFS action. If the Council's recommendation includes 
adjustments or additions to management measures and, after reviewing the 
Council's recommendation and supporting information:
    (i) If NMFS concurs with the Council's recommended management 
measures and determines that the recommended management measures should 
be issued as a final rule based on the factors specified in paragraph 
(a)(2) of this section, the measures will be issued as a final rule in 
the Federal Register.
    (ii) If NMFS concurs with the Council's recommended management 
measures and determines that the recommended management measures should 
be published first as a proposed rule, the measures will be published as 
a proposed rule in the Federal Register. After additional public 
comment, if NMFS concurs with the Council recommendation, the measures 
will be issued as a final rule and published in the Federal Register.
    (iii) If NMFS does not concur, the Council will be notified in 
writing of the reasons for the non-concurrence.
    (4) Emergency actions. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.
    (b) [Reserved]

[64 FR 57594, Oct. 26, 1999, as amended at 68 FR 69974, Dec. 16, 2003; 
73 FR 4753, Jan. 28, 2008]



   Subpart F_Management Measures for the NE Multispecies and Monkfish 
                                Fisheries



Sec. 648.80  NE Multispecies regulated mesh areas and restrictions on gear and 

methods of fishing.

    Except as provided in Sec. 648.17, all vessels must comply with the 
following minimum mesh size, gear and methods of fishing requirements, 
unless otherwise exempted or prohibited.
    (a) Gulf of Maine (GOM) and GB Regulated Mesh Areas--(1) GOM 
Regulated Mesh Area. The GOM Regulated Mesh Area (copies of a map 
depicting the area are available from the Regional Administrator upon 
request) is that area:
    (i) Bounded on the east by the U.S.-Canada maritime boundary, 
defined by straight lines connecting the following points in the order 
stated:

[[Page 536]]



------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G1...............................  (\1\)               (\1\)
G2...............................  43[deg]58[min]      67[deg]22[min]
G3...............................  42[deg]53.1[min]    67[deg]44.4[min]
G4...............................  42[deg]31[min]      67[deg]28.1[min]
CII3.............................  42[deg]22[min]      67[deg]20[min]
                                                        \2\
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime
  Boundary.
\2\ The U.S.-Canada Maritime Boundary.

    (ii) Bounded on the south by straight lines connecting the following 
points in the order stated:

------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CII3.............................  42[deg]22[min]      67[deg]20[min]
                                                        \1\
G6...............................  42[deg]20[min]      67[deg]20[min]
G7...............................  42[deg]20[min]      69[deg]30[min]
G8...............................  42[deg]00[min]      69[deg]30[min]
G9...............................  42[deg]00[min]      (\2\)
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ The intersection of the Cape Cod, MA, coastline and 42[deg]00[min]
  N. lat.

    (2) GB Regulated Mesh Area. The GB Regulated Mesh Area (copies of a 
map depicting the area are available from the Regional Administrator 
upon request) is that area:
    (i) Bounded on the north by the southern boundary of the GOM 
Regulated Mesh Area as defined in paragraph (a)(1)(ii) of this section; 
and
    (ii) Bounded on the east by straight lines connecting the following 
points in the order stated:

----------------------------------------------------------------------------------------------------------------
                                                                                          Approximate loran C
                Point                          N. lat.                W. long.                  bearings
----------------------------------------------------------------------------------------------------------------
CII3.................................  42[deg]22[min]          67[deg]20[min]          (\1\)
SNE1.................................  40[deg]24[min]          65[deg]43[min]          (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ The U.S.-Canada Maritime Boundary as it intersects with the EEZ.

    (iii) Bounded on the west by straight lines connecting the following 
points in the order stated:

------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G12..............................  (\1\)               70[deg]00[min]
G11..............................  40[deg]50[min]      70[deg]00[min]
NL1..............................  40[deg]50[min]      69[deg]40[min]
NL2..............................  40[deg]18.7[min]    69[deg]40[min]
NL3..............................  40[deg]22.7[min]    69[deg]00[min]
                                   (\2\)               69[deg]00[min]
------------------------------------------------------------------------
\1\ South facing shoreline of Cape Cod.
\2\ Southward to its intersection with the EEZ.

    (3) GOM Regulated Mesh Area minimum mesh size and gear 
restrictions--(i) Vessels using trawls. Except as provided in paragraphs 
(a)(3)(i) and (vi) of this section, and unless otherwise restricted 
under paragraph (a)(3)(iii) of this section, the minimum mesh size for 
any trawl net, except midwater trawl, on a vessel or used by a vessel 
fishing under a DAS in the NE multispecies DAS program in the GOM 
Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-
cm) square mesh, applied throughout the body and extension of the net, 
or any combination thereof, and 6.5-inch (16.5-cm) diamond mesh or 
square mesh applied to the codend of the net as defined in paragraphs 
(a)(3)(i)(A) and (B) of this section, provided the vessel complies with 
the requirements of paragraph (a)(3)(vii) of this section. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (A) For vessels greater than 45 ft (13.7 m) in length overall, a 
diamond mesh codend is defined as the first 50 meshes counting from the 
terminus of the net, and a square mesh codend is defined as the first 
100 bars counting from the terminus of the net.
    (B) For vessels 45 ft (13.7 m) or less in length overall, a diamond 
mesh codend is defined as the first 25 meshes counting from the terminus 
of the net, and a square mesh codend is defined as the first 50 bars 
counting from the terminus of the net.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraphs (a)(3)(ii) and (vi) of this section, 
and unless otherwise restricted under paragraph (a)(3)(iii) of this 
section, the minimum mesh size for any Scottish seine, midwater trawl, 
or purse seine on a vessel or used by a vessel fishing under

[[Page 537]]

a DAS in the NE multispecies DAS program in the GOM Regulated Mesh Area 
is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh 
applied throughout the net, or any combination thereof, provided the 
vessel complies with the requirements of paragraph (a)(3)(vii) of this 
section. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the GOM Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
on a vessel or used by a vessel fishing under a DAS in the Large-mesh 
DAS program, specified in Sec. 648.82(b)(4), is 8.5-inch (21.6-cm) 
diamond or square mesh throughout the entire net. This restriction does 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued 
a NE multispecies permit and that are fishing exclusively in state 
waters.
    (iv) Gillnet vessels--(A) Trip gillnet vessels--(1) Mesh size. 
Except as provided in paragraphs (a)(3)(iv) and (vi) of this section, 
and unless otherwise restricted under paragraph (a)(3)(iii) of this 
section, for vessels that obtain an annual designation as a Trip gillnet 
vessel, the minimum mesh size for any sink gillnet when fishing under a 
DAS in the NE multispecies DAS program in the GOM Regulated Mesh Area is 
6.5 inches (16.5 cm) throughout the entire net. This restriction does 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued 
a NE multispecies permit and that are fishing exclusively in state 
waters.
    (2) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m) in length.
    (B) Day gillnet vessels--(1) Mesh size. Except as provided in 
paragraphs (a)(3)(iv) and (vi) of this section, and unless otherwise 
restricted under paragraph (a)(3)(iii) of this section, for vessels that 
obtain an annual designation as a Day gillnet vessel, the minimum mesh 
size for any sink gillnet when fishing under a DAS in the NE 
multispecies DAS program in the GOM Regulated Mesh Area is 6.5 inches 
(16.5 cm) throughout the entire net. This restriction does not apply to 
nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq 
ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (2) Number of nets. A day gillnet vessel fishing under a NE 
multispecies DAS and fishing in the GOM Regulated Mesh Area may not fish 
with, haul, possess, or deploy more than 50 roundfish sink gillnets or 
100 flatfish (tie-down) sink gillnets, each of which must be tagged 
pursuant to paragraph (a)(3)(iv)(C) of this section, except as provided 
in Sec. 648.92(b)(8)(i). Vessels may fish any combination of roundfish 
and flatfish gillnets up to 100 nets, and may stow additional nets not 
to exceed 160 nets, counting deployed nets.
    (3) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m) in length.
    (4) Tags. Roundfish nets must be tagged with two tags per net, with 
one tag secured to each bridle of every net, within a string of nets, 
and flatfish nets must have one tag per net, with one tag secured to 
every other bridle of every net within a string of nets. Gillnet vessels 
must also abide by the tagging requirements in paragraph (a)(3)(iv)(C) 
of this section.
    (C) Obtaining and replacing tags. Tags must be obtained as described 
in Sec. 648.4(c)(2)(iii), and vessels must have on board written 
confirmation issued by the Regional Administrator, indicating that the 
vessel is a Day gillnet vessel or a Trip gillnet vessel. The vessel 
operator must produce all net tags upon request by an authorized 
officer. A vessel may have tags on board in excess of the number of tags 
corresponding to the allowable number of nets, provided such tags are 
onboard the vessel and can be made available for inspection.
    (1) Lost tags. Vessel owners or operators are required to report 
lost, destroyed, and missing tag numbers as soon as feasible after tags 
have been discovered lost, destroyed or missing, by letter or fax to the 
Regional Administrator.

[[Page 538]]

    (2) Replacement tags. Vessel owners or operators seeking replacement 
of lost, destroyed, or missing tags must request replacement of tags by 
letter or fax to the Regional Administrator. A check for the cost of the 
replacement tags must be received by the Regional Administrator before 
tags will be re-issued.
    (v) Hook gear restrictions. Unless otherwise specified in paragraph 
(a)(3)(v) of this section, vessels fishing with a valid NE multispecies 
limited access permit and fishing under a NE multispecies DAS, and 
vessels fishing with a valid NE multispecies limited access Small-Vessel 
permit, in the GOM Regulated Mesh Area, and persons on such vessels, are 
prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel, more than 2,000 rigged hooks. All 
longline gear hooks must be circle hooks, of a minimum size of 12/0. An 
unabated hook and gangions that has not been secured to the ground line 
of the trawl on board a vessel is deemed to be a replacement hook and is 
not counted toward the 2,000-hook limit. A ``snap-on'' hook is deemed to 
be a replacement hook if it is not rigged or baited. The use of de-
hookers (``crucifer'') with less than 6-inch (15.2-cm) spacing between 
the fairlead rollers is prohibited. Vessels fishing with a valid NE 
multispecies limited access Hook Gear permit and fishing under a 
multispecies DAS in the GOM Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel. Vessels fishing with a valid NE multispecies limited 
access Handgear A permit are prohibited from fishing, or possessing on 
board the vessel, gear other than handgear. Vessels fishing with tub-
trawl gear are prohibited from fishing, setting, or hauling back, per 
day, or possessing on board the vessel more than 250 hooks.
    (vi) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(17) 
of this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (a)(5) 
through (7), (a)(9) through (14), (d), (e), (h), and (i) of this 
section; or if fishing under a NE multispecies DAS; or if fishing under 
the Small Vessel or Handgear A exemptions specified in Sec. 
648.82(b)(5) and (6), respectively; or if fishing under the scallop 
state waters exemptions specified in Sec. 648.54 and paragraph (a)(11) 
of this section; or if fishing under a scallop DAS in accordance with 
paragraph (h) of this section; or if fishing pursuant to a NE 
multispecies open access Charter/Party or Handgear permit, or if fishing 
as a charter/party or private recreational vessel in compliance with the 
regulations specified in Sec. 648.89. Any gear on a vessel, or used by 
a vessel, in this area must be authorized under one of these exemptions 
or must be stowed as specified in Sec. 648.23(b).
    (vii) Rockhopper and roller gear restrictions. For all trawl vessels 
fishing in the GOM/GB Inshore Restricted Roller Gear Area, the diameter 
of any part of the trawl footrope, including discs, rollers, or 
rockhoppers, must not exceed 12 inches (30.5 cm). The GOM/GB Inshore 
Restricted Roller Gear Area is defined by straight lines connecting the 
following points in the order stated:

                   Inshore Restricted Roller Gear Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GM1..............................  42[deg]00[min]      (\1\)
GM2..............................  42[deg]00[min]      (\2\)
GM3..............................  42[deg]00[min]      (\3\)
GM23.............................  42[deg]00[min]      69[deg]50[min]
GM24.............................  43[deg]00[min]      69[deg]50[min]
GM11.............................  43[deg]00[min]      70[deg]00[min]
GM17.............................  43[deg]30[min]      70[deg]00[min]
GM18.............................  43[deg]30[min]      (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.

    (4) GB regulated mesh area minimum mesh size and gear restrictions--
(i) Vessels using trawls. Except as provided in paragraph (a)(3)(vi) of 
this section, and this paragraph (a)(4)(i), and unless otherwise 
restricted under paragraph (a)(4)(iii) of this section, the minimum mesh 
size for any trawl net, except midwater trawl, and the minimum mesh size 
for any trawl net when fishing in that portion of the GB Regulated Mesh 
Area that lies within the SNE Exemption Area, as described in paragraph 
(b)(10) of this section, that is not stowed and available for immediate 
use

[[Page 539]]

in accordance with Sec. 648.23(b), on a vessel or used by a vessel 
fishing under a DAS in the NE multispecies DAS program in the GB 
Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-
cm) square mesh applied throughout the body and extension of the net, or 
any combination thereof, and 6.5-inch (16.5-cm) diamond mesh or square 
mesh applied to the codend of the net as defined under paragraph 
(a)(3)(i) of this section, provided the vessel complies with the 
requirements of paragraph (a)(3)(vii) of this section. This restriction 
does not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 
ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been 
issued a NE multispecies permit and that are fishing exclusively in 
state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraph (a)(3)(vi) of this section, and this 
paragraph (a)(4)(ii), and unless otherwise restricted under paragraph 
(a)(4)(iii) of this section, the minimum mesh size for any Scottish 
seine, midwater trawl, or purse seine, and the minimum mesh size for any 
Scottish seine, midwater trawl, or purse seine, when fishing in that 
portion of the GB Regulated Mesh Area that lies within the SNE Exemption 
Area, as described in paragraph (b)(10) of this section, that is not 
stowed and available for immediate use in accordance with Sec. 
648.23(b), on a vessel or used by a vessel fishing under a DAS in the NE 
multispecies DAS program in the GB Regulated Mesh Area is 6-inch (15.2-
cm) diamond mesh or 6.5-inch (16.5-cm) square mesh applied throughout 
the net, or any combination thereof, provided the vessel complies with 
the requirements of paragraph (a)(3)(vii) of this section. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the GB Regulated Mesh 
Area, the minimum mesh size for any trawl net, or sink gillnet, and the 
minimum mesh size for any trawl net, or sink gillnet, when fishing in 
that portion of the GB Regulated Mesh Area that lies within the SNE 
Exemption Area, as described in paragraph (b)(10) of this section, that 
is not stowed and available for immediate use in accordance with Sec. 
648.23(b), on a vessel or used by a vessel fishing under a DAS in the 
Large-mesh DAS program, specified in Sec. 648.82(b)(5), is 8.5-inch 
(21.6-cm) diamond or square mesh throughout the entire net. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iv) Gillnet vessels. Except as provided in paragraph (a)(3)(vi) of 
this section and this paragraph (a)(4)(iv), for Day and Trip gillnet 
vessels, the minimum mesh size for any sink gillnet, and the minimum 
mesh size for any roundfish or flatfish gillnet when fishing in that 
portion of the GB Regulated Mesh Area that lies within the SNE Exemption 
Area, as described in paragraph (b)(10) of this section, that is not 
stowed and available for immediate use in accordance with Sec. 
648.23(b), when fishing under a DAS in the NE multispecies DAS program 
in the GB Regulated Mesh Area is 6.5 inches (16.5 cm) throughout the 
entire net. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE 
multispecies DAS and fishing in the GB Regulated Mesh Area may not fish 
with nets longer than 300 ft (91.4 m), or 50 fathoms (91.4 m) in length.
    (B) Day gillnet vessels--(1) Number of nets. A Day gillnet vessel 
fishing under a NE multispecies DAS and fishing in the GB Regulated Mesh 
Area may not fish with, haul, possess, or deploy more than 50 nets, 
except as provided in Sec. 648.92(b)(8)(i).
    (2) Net size requirements. Vessels may fish any combination of 
roundfish and flatfish gillnets, up to 50 nets. Such vessels, in 
accordance with Sec. 648.23(b), may stow additional nets not to exceed 
150, counting the deployed net. Nets may not be longer than 300 ft (91.4 
m).

[[Page 540]]

    (3) Tags. Roundfish or flatfish nets must be tagged with two tags 
per net, with one tag secured to each bridle of every net within a 
string of nets.
    (4) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of 
this section.
    (v) Hook gear restrictions. Unless otherwise specified in this 
paragraph (a)(4)(v), vessels fishing with a valid NE multispecies 
limited access permit and fishing under a NE multispecies DAS, and 
vessels fishing with a valid NE multispecies limited access Small-Vessel 
permit, in the GB Regulated Mesh Area, and persons on such vessels, are 
prohibited from possessing gear other than hook gear on board the vessel 
and prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel, more than 3,600 rigged hooks. All 
longline gear hooks must be circle hooks, of a minimum size of 12/0. An 
unabated hook and gangions that has not been secured to the ground line 
of the trawl on board a vessel is deemed to be a replacement hook and is 
not counted toward the 3,600-hook limit. A ``snap-on'' hook is deemed to 
be a replacement hook if it is not rigged or baited. The use of de-
hookers (``crucifer'') with less than 6-inch (15.2-cm) spacing between 
the fairlead rollers is prohibited. Vessels fishing with a valid NE 
multispecies limited access Hook gear permit and fishing under a 
multispecies DAS in the GB Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel. Vessels fishing with a valid NE multispecies limited 
access Handgear A permit are prohibited from fishing or possessing on 
board the vessel, gear other than hand gear. Vessels fishing with tub-
trawl gear are prohibited from fishing, setting, or hauling back, per 
day, or possessing on board the vessel more than 250 hooks.
    (5) Small Mesh Northern Shrimp Fishery Exemption. Vessels subject to 
the minimum mesh size restrictions specified in this paragraph (a) may 
fish for, harvest, possess, or land northern shrimp in the GOM, GB, SNE, 
and MA Regulated Mesh Areas, as described under paragraphs (a)(1), 
(a)(2), (b)(1), and (c)(1) of this section, respectively, with nets with 
a mesh size smaller than the minimum size specified, if the vessel 
complies with the requirements of paragraphs (a)(5)(i) through (iii) of 
this section.
    (i) Restrictions on fishing for, possessing, or landing fish other 
than shrimp. An owner or operator of a vessel fishing in the northern 
shrimp fishery under the exemption described in this paragraph (a)(5) 
may not fish for, possess on board, or land any species of fish other 
than shrimp, except for the following, with the restrictions noted, as 
allowable incidental species: Longhorn sculpin; combined silver hake and 
offshore hake--up to an amount equal to the total weight of shrimp 
possessed on board or landed, not to exceed 3,500 lb (1,588 kg); and 
American lobster--up to 10 percent, by weight, of all other species on 
board or 200 lobsters, whichever is less, unless otherwise restricted by 
landing limits specified in Sec. 697.17 of this chapter. Silver hake 
and offshore hake on board a vessel subject to this possession limit 
must be separated from other species of fish and stored so as to be 
readily available for inspection.
    (ii) Requirement to use a finfish excluder device (FED). A vessel 
must have a rigid or semi-rigid grate consisting of parallel bars of not 
more than 1-inch (2.54-cm) spacing that excludes all fish and other 
objects, except those that are small enough to pass between its bars 
into the codend of the trawl, secured in the trawl, forward of the 
codend, in such a manner that it precludes the passage of fish or other 
objects into the codend without the fish or objects having to first pass 
between the bars of the grate, in any net with mesh smaller than the 
minimum size specified in paragraphs (a)(3) and (4) of this section. The 
net must have an outlet or hole to allow fish or other objects that are 
too large to pass between the bars of the grate to exit the net. The 
aftermost edge of this outlet or hole must be at least as wide as the 
grate at the point of attachment. The outlet or hole must extend forward 
from the grate toward the mouth of the net. A funnel of net material is 
allowed in the lengthening piece of the net forward of the grate to 
direct catch towards the grate. (Copies of a schematic example of a 
properly configured and

[[Page 541]]

installed FED are available from the Regional Administrator upon 
request.)
    (iii) Time restrictions. A vessel may only fish under this exemption 
during the northern shrimp season, as established by the Commission and 
announced in the Commission's letter to participants.
    (6) Cultivator Shoal Whiting Fishery Exemption Area. Vessels subject 
to the minimum mesh size restrictions specified in paragraphs (a)(3) and 
(4) of this section may fish with, use, or possess nets in the 
Cultivator Shoal Whiting Fishery Exemption Area with a mesh size smaller 
than the minimum size specified, if the vessel complies with the 
requirements specified in paragraph (a)(6)(i) of this section. The 
Cultivator Shoal Whiting Fishery Exemption Area (copies of a map 
depicting the area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points in 
the order stated:

             Cultivator Shoal Whiting Fishery Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
C1...............................  42[deg]10[min]      68[deg]10[min]
C2...............................  41[deg]30[min]      68[deg]41[min]
CI4..............................  41[deg]30[min]      68[deg]30[min]
C3...............................  41[deg]12.8[min]    68[deg]30[min]
C4...............................  41[deg]05[min]      68[deg]20[min]
C5...............................  41[deg]55[min]      67[deg]40[min]
C1...............................  42[deg]10[min]      68[deg]10[min]
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Cultivator Shoal 
Whiting Fishery Exemption Area under this exemption must have on board a 
valid letter of authorization issued by the Regional Administrator.
    (B) An owner or operator of a vessel fishing in this area may not 
fish for, possess on board, or land any species of fish other than 
whiting and offshore hake combined--up to a maximum of 30,000 lb (13,608 
kg), except for the following, with the restrictions noted, as allowable 
incidental species: Herring; longhorn sculpin; squid; butterfish; 
Atlantic mackerel; dogfish; red hake; monkfish and monkfish parts--up to 
10 percent, by weight, of all other species on board or up to 50 lb (23 
kg) tail-weight/166 lb (75 kg) whole-weight of monkfish per trip, as 
specified in Sec. 648.94(c)(4), whichever is less; and American 
lobster--up to 10 percent, by weight, of all other species on board or 
200 lobsters, whichever is less, unless otherwise restricted by landing 
limits specified in Sec. 697.17 of this chapter.
    (C) Counting from the terminus of the net, all nets must have a 
minimum mesh size of 3-inch (7.6-cm) square or diamond mesh applied to 
the first 100 meshes (200 bars in the case of square mesh) for vessels 
greater than 60 ft (18.3 m) in length and applied to the first 50 meshes 
(100 bars in the case of square mesh) for vessels less than or equal to 
60 ft (18.3 m) in length.
    (D) Fishing is confined to a season of June 15 through October 31, 
unless otherwise specified by notification in the Federal Register.
    (E) When a vessel is transiting through the GOM or GB Regulated Mesh 
Areas specified under paragraphs (a)(1) and (2) of this section, any 
nets with a mesh size smaller than the minimum mesh specified in 
paragraphs (a)(3) or (4) of this section must be stowed in accordance 
with one of the methods specified in Sec. 648.23(b), unless the vessel 
is fishing for small-mesh multispecies under another exempted fishery 
specified in this paragraph (a).
    (F) A vessel fishing in the Cultivator Shoal Whiting Fishery 
Exemption Area may fish for small-mesh multispecies in exempted 
fisheries outside of the Cultivator Shoal Whiting Fishery Exemption 
Area, provided that the vessel complies with the more restrictive gear, 
possession limit, and other requirements specified in the regulations of 
that exempted fishery for the entire participation period specified on 
the vessel's letter of authorization and consistent with paragraph 
(a)(15)(i)(G) of this section.
    (ii) Sea sampling. The Regional Administrator shall conduct periodic 
sea sampling to determine if there is a need to change the area or 
season designation, and to evaluate the bycatch of regulated species, 
especially haddock.
    (iii) Annual review. The NEFMC shall conduct an annual review of 
data to determine if there are any changes in area or season designation 
necessary, and to make appropriate recommendations to the Regional 
Administrator

[[Page 542]]

following the procedures specified in Sec. 648.90.
    (7) Transiting. (i) Vessels fishing in the Small Mesh Area 1/Small 
Mesh Area 2 fishery, as specified in paragraph (a)(9) of this section, 
may transit through the Scallop Dredge Fishery Exemption Area as 
specified in paragraph (a)(11) of this section with nets of mesh size 
smaller than the minimum mesh size specified in paragraphs (a)(3) or (4) 
of this section, provided that the nets are stowed and not available for 
immediate use in accordance with one of the methods specified in Sec. 
648.23(b). Vessels fishing in the Small Mesh Northern Shrimp Fishery, as 
specified in paragraph (a)(3) of this section, may transit through the 
GOM, GB, SNE, and MA Regulated Mesh Areas, as described in paragraphs 
(a)(1), (a)(2), (b)(1), and (c)(1) of this section, respectively, with 
nets of mesh size smaller than the minimum mesh size specified in 
paragraphs (a)(3), (a)(4), (b)(2), and (c)(2) of this section, provided 
the nets are stowed and not available for immediate use in accordance 
with one of the methods specified in Sec. 648.23(b).
    (ii) Vessels subject to the minimum mesh size restrictions specified 
in paragraphs (a)(3) or (4) of this section may transit through the 
Scallop Dredge Fishery Exemption Areas defined in paragraphs (a)(11) and 
(18) of this section with nets on board with a mesh size smaller than 
the minimum size specified, provided that the nets are stowed in 
accordance with one of the methods specified in Sec. 648.23(b), and 
provided the vessel has no fish on board.
    (iii) Vessels subject to the minimum mesh size restrictions 
specified in paragraphs (a)(3) or (4) of this section may transit 
through the GOM and GB Regulated Mesh Areas defined in paragraphs (a)(1) 
and (2) of this section with nets on board with a mesh size smaller than 
the minimum mesh size specified and with small mesh exempted species on 
board, provided that the following conditions are met:
    (A) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraphs (a)(3) or (4) of this section are stowed in 
accordance with one of the methods specified in Sec. 648.23(b).
    (B) A letter of authorization issued by the Regional Administrator 
is on board.
    (C) Vessels do not fish for, possess on board, or land any fish, 
except when fishing in the areas specified in paragraphs (a)(6), 
(a)(10), (a)(15), (b), and (c) of this section. Vessels may retain 
exempted small-mesh species as provided in paragraphs (a)(6)(i), 
(a)(10)(i), (a)(15)(i), (b)(3), and (c)(3) of this section.
    (8) Addition or deletion of exemptions--(i) Exemption allowing no 
incidental catch of regulated multispecies. An exemption may be added in 
an existing fishery for which there are sufficient data or information 
to ascertain the amount of incidental catch of regulated species, if the 
Regional Administrator, after consultation with the NEFMC, determines 
that the percentage of regulated species caught as incidental catch is, 
or can be reduced to, less than 5 percent, by weight, of total catch, 
unless otherwise specified in this paragraph (a)(8)(i), and that such 
exemption will not jeopardize fishing mortality objectives. The 5-
percent regulated species incidental catch standard could be modified 
for a stock that is not in an overfished condition, or if overfishing is 
not occurring on that stock. When considering modifications of the 
standard, it must be shown that the change will not delay a rebuilding 
program, or result in overfishing or an overfished condition. In 
determining whether exempting a fishery may jeopardize meeting fishing 
mortality objectives, the Regional Administrator may take into 
consideration various factors including, but not limited to, juvenile 
mortality, sacrifices in yield that will result from that mortality, the 
ratio of target species to regulated species, status of stock 
rebuilding, and recent recruitment of regulated species. A fishery can 
be defined, restricted, or allowed by area, gear, season, or other means 
determined to be appropriate to reduce incidental catch of regulated 
species. Notification of additions, deletions, or modifications will be 
made through issuance of a rule in the Federal Register.
    (ii) Exemption allowing incidental catch of regulated species. An 
exemption may

[[Page 543]]

be added in an existing fishery that would allow vessels to retain and 
land regulated multispecies, under the restrictions specified in 
paragraphs (a)(8)(ii)(A) through (C) of this section, if the Regional 
Administrator, after consultation with the NEFMC, considers the status 
of the regulated species stock or stocks caught in the fishery, the risk 
that this exemption would result in a targeted regulated species 
fishery, the extent of the fishery in terms of time and area, and the 
possibility of expansion in the fishery. Incidental catch in exempted 
fisheries under this paragraph (a)(8)(ii) are subject, at a minimum, to 
the following restrictions:
    (A) A prohibition on the possession of regulated multispecies that 
are overfished or where overfishing is occurring;
    (B) A prohibition on the possession of regulated species in NE 
multispecies closure areas; and
    (C) A prohibition on allowing an exempted fishery to occur that 
would allow retention of a regulated multispecies stock under an ongoing 
rebuilding program, unless it can be determined that the catch of the 
stock in the exempted fishery is not likely to result in exceeding the 
rebuilding mortality rate.
    (iii) For exemptions allowing no incidental catch of regulated 
species, as defined under paragraph (a)(8)(i) of this section, the NEFMC 
may recommend to the Regional Administrator, through the framework 
procedure specified in Sec. 648.90(b), additions or deletions to 
exemptions for fisheries, either existing or proposed, for which there 
may be insufficient data or information for the Regional Administrator 
to determine, without public comment, percentage catch of regulated 
species. For exemptions allowing incidental catch of regulated species, 
as defined under paragraph (a)(8)(ii) of this section, the NEFMC may 
recommend to the Regional Administrator, through the framework procedure 
specified in Sec. 648.90(b), additions or deletions to exemptions for 
fisheries, either existing or proposed, for which there may be 
insufficient data or information for the Regional Administrator to 
determine, without public comment, the risk that this exemption would 
result in a targeted regulated species fishery, the extent of the 
fishery in terms of time and area, and the possibility of expansion in 
the fishery.
    (iv) Unless otherwise specified within the exempted fisheries 
authorized under this paragraph (a)(8), incidental catch is restricted, 
at a minimum, to the following:
    (A) With the exception of fisheries authorized under paragraph 
(a)(8)(ii) of this section, a prohibition on the possession of regulated 
species;
    (B) A limit on the possession of monkfish or monkfish parts of 10 
percent, by weight, of all other species on board or as specified by 
Sec. 648.94(c)(3), (4), (5) or (6), as applicable, whichever is less;
    (C) A limit on the possession of lobsters of 10 percent, by weight, 
of all other species on board or 200 lobsters, whichever is less; and
    (D) A limit on the possession of skate or skate parts in the SNE 
Exemption Area described in paragraph (b)(10) of this section of 10 
percent, by weight, of all other species on board.
    (9) Small Mesh Area 1/Small Mesh Area 2--(i) Description. (A) Unless 
otherwise prohibited in Sec. 648.81, a vessel subject to the minimum 
mesh size restrictions specified in paragraphs (a)(3) or (4) of this 
section may fish with or possess nets with a mesh size smaller than the 
minimum size, provided the vessel complies with the requirements of 
paragraphs (a)(5)(ii) or (a)(9)(ii) of this section, and Sec. 
648.86(d), from July 15 through November 15, when fishing in Small Mesh 
Area 1; and from January 1 through June 30, when fishing in Small Mesh 
Area 2. While lawfully fishing in these areas with mesh smaller than the 
minimum size, an owner or operator of any vessel may not fish for, 
possess on board, or land any species of fish other than: Silver hake 
and offshore hake--up to the amounts specified in Sec. 648.86(d), 
butterfish, dogfish, herring, Atlantic mackerel, scup, squid, and red 
hake.
    (B) Small-mesh Areas 1 and 2 are defined by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting these areas are available from the Regional Administrator upon 
request):

[[Page 544]]



                            Small Mesh Area I
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
SM1..............................  43[deg]03[min]      70[deg]27[min]
SM2..............................  42[deg]57[min]      70[deg]22[min]
SM3..............................  42[deg]47[min]      70[deg]32[min]
SM4..............................  42[deg]45[min]      70[deg]29[min]
SM5..............................  42[deg]43[min]      70[deg]32[min]
SM6..............................  42[deg]44[min]      70[deg]39[min]
SM7..............................  42[deg]49[min]      70[deg]43[min]
SM8..............................  42[deg]50[min]      70[deg]41[min]
SM9..............................  42[deg]53[min]      70[deg]43[min]
SM10.............................  42[deg]55[min]      70[deg]40[min]
SM11.............................  42[deg]59[min]      70[deg]32[min]
SM1..............................  43[deg]03[min]      70[deg]27[min]
------------------------------------------------------------------------


                           Small Mesh Area II
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
SM13.............................  43[deg]05.6[min]    69[deg]55[min]
SM14.............................  43[deg]10.1[min]    69[deg]43.3[min]
SM15.............................  42[deg]49.5[min]    69[deg]40[min]
SM16.............................  42[deg]41.5[min]    69[deg]40[min]
SM17.............................  42[deg]36.6[min]    69[deg]55[min]
SM13.............................  43[deg]05.6[min]    69[deg]55[min]
------------------------------------------------------------------------

    (ii) Raised footrope trawl. Vessels fishing with trawl gear must 
configure it in such a way that, when towed, the gear is not in contact 
with the ocean bottom. Vessels are presumed to be fishing in such a 
manner if their trawl gear is designed as specified in paragraphs 
(a)(9)(ii)(A) through (D) of this section and is towed so that it does 
not come into contact with the ocean bottom.
    (A) Eight-inch (20.3-cm) diameter floats must be attached to the 
entire length of the headrope, with a maximum spacing of 4 ft (122.0 cm) 
between floats.
    (B) The ground gear must all be bare wire not larger than \1/2\-inch 
(1.2-cm) for the top leg, not larger than \5/8\-inch (1.6-cm) for the 
bottom leg, and not larger than \3/4\-inch (1.9-cm) for the ground 
cables. The top and bottom legs must be equal in length, with no 
extensions. The total length of ground cables and legs must not be 
greater than 40 fathoms (73 m) from the doors to wingends.
    (C) The footrope must be longer than the length of the headrope, but 
not more than 20 ft (6.1 m) longer than the length of the headrope. The 
footrope must be rigged so that it does not contact the ocean bottom 
while fishing.
    (D) The raised footrope trawl may be used with or without a chain 
sweep. If used without a chain sweep, the drop chains must be a maximum 
of \3/8\-inch (0.95-cm) diameter bare chain and must be hung from the 
center of the footrope and each corner (the quarter, or the junction of 
the bottom wing to the belly at the footrope). Drop chains must be hung 
at intervals of 8 ft (2.4 m) along the footrope from the corners to the 
wing ends. If used with a chain sweep, the sweep must be rigged so it is 
behind and below the footrope, and the footrope is off the bottom. This 
is accomplished by having the sweep longer than the footrope and having 
long drop chains attaching the sweep to the footrope at regular 
intervals. The forward end of the sweep and footrope must be connected 
to the bottom leg at the same point. This attachment, in conjunction 
with the headrope flotation, keeps the footrope off the bottom. The 
sweep and its rigging, including drop chains, must be made entirely of 
bare chain with a maximum diameter of \5/16\ inches (0.8 cm). No 
wrapping or cookies are allowed on the drop chains or sweep. The total 
length of the sweep must be at least 7 ft (2.1 m) longer than the total 
length of the footrope, or 3.5 ft (1.1 m) longer on each side. Drop 
chains must connect the footrope to the sweep chain, and the length of 
each drop chain must be at least 42 inches (106.7 cm). One drop chain 
must be hung from the center of the footrope to the center of the sweep, 
and one drop chain must be hung from each corner. The attachment points 
of each drop chain on the sweep and the footrope must be the same 
distance from the center drop chain attachments. Drop chains must be 
hung at intervals of 8 ft (2.4 m) from the corners toward the wing ends. 
The distance of the drop chain that is nearest the wing end to the end 
of the footrope may differ from net to net. However, the sweep must be 
at least 3.5 ft (1.1 m) longer than the footrope between the drop chain 
closest to the wing ends and the end of the sweep that attaches to the 
wing end.
    (10) Nantucket Shoals Dogfish Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in paragraph 
(a)(3) or paragraph (a)(4) of this section may fish with, use, or 
possess nets of mesh smaller than the minimum size specified in the 
Nantucket Shoals Dogfish Fishery Exemption Area, if the vessel complies 
with

[[Page 545]]

the requirements specified in paragraph (a)(10)(i) of this section. The 
Nantucket Shoals Dogfish Fishery Exemption Area (copies of a map 
depicting this area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points in 
the order stated:

                 Nantucket Shoals Dogfish Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
NS1..............................  41[deg]45[min]      70[deg]00[min]
NS2..............................  41[deg]45[min]      69[deg]20[min]
NS3..............................  41[deg]30[min]      69[deg]20[min]
Cl1..............................  41[deg]30[min]      69[deg]23[min]
NS5..............................  41[deg]26.5[min]    69[deg]20[min]
NS6..............................  40[deg]50[min]      69[deg]20[min]
NS7..............................  40[deg]50[min]      70[deg]00[min]
NS1..............................  41[deg]45[min]      70[deg]00[min]
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Nantucket Shoals 
Dogfish Fishery Exemption Area, under the exemption, must have on board 
a letter of authorization issued by the Regional Administrator and may 
not fish for, possess on board, or land any species of fish other than 
dogfish, except as provided under paragraph (a)(10)(i)(D) of this 
section.
    (B) Fishing is confined to June 1 through October 15.
    (C) When transiting the GOM or GB Regulated Mesh Areas, specified 
under paragraphs (a)(1) and (2) of this section, any nets with a mesh 
size smaller than the minimum mesh size specified in paragraphs (a)(3) 
and (4) of this section must be stowed and unavailable for immediate use 
in accordance with Sec. 648.23(b).
    (D) Incidental species provisions. The following species may be 
possessed and landed, with the restrictions noted, as allowable 
incidental species in the Nantucket Shoals Dogfish Fishery Exemption 
Area: Longhorn sculpin; silver hake--up to 200 lb (90.7 kg); monkfish 
and monkfish parts--up to 10 percent, by weight, of all other species on 
board or up to 50 lb (23 kg) tail-weight/166 lb (75 kg) whole-weight of 
monkfish per trip, as specified in Sec. 648.94(c)(4), whichever is 
less; American lobster--up to 10 percent, by weight, of all other 
species on board or 200 lobsters, whichever is less, unless otherwise 
restricted by landing limits specified in Sec. 697.17 of this chapter; 
and skate or skate parts--up to 10 percent, by weight, of all other 
species on board.
    (E) A vessel fishing in the Nantucket Shoals Dogfish Fishery 
Exemption Area, under the exemption, must comply with any additional 
gear restrictions specified in the letter of authorization issued by the 
Regional Administrator.
    (ii) Sea sampling. The Regional Administrator may conduct periodic 
sea sampling to determine if there is a need to change the area or 
season designation, and to evaluate the bycatch of regulated species.
    (11) GOM Scallop Dredge Exemption Area. Unless otherwise prohibited 
in Sec. 648.81, vessels with a limited access scallop permit that have 
declared out of the DAS program as specified in Sec. 648.10, or that 
have used up their DAS allocations, and vessels issued a General 
Category scallop permit, may fish in the GOM Scallop Dredge Fishery 
Exemption Area when not under a NE multispecies DAS, providing the 
vessel complies with the requirements specified in paragraph (a)(11)(i) 
of this section. The GOM Scallop Dredge Fishery Exemption Area is 
defined by the straight lines connecting the following points in the 
order stated (copies of a map depicting the area are available from the 
Regional Administrator upon request):

                    GOM Scallop Dredge Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
SM1..............................  41[deg]35[min]      70[deg]00[min]
SM2..............................  41[deg]35[min]      69[deg]40[min]
SM3..............................  42[deg]49.5[min]    69[deg]40[min]
SM4..............................  43[deg]12[min]      69[deg]00[min]
SM5..............................  43[deg]41[min]      68[deg]00[min]
G2...............................  43[deg]58[min]      67[deg]22[min]
G1...............................  (\1\)               (\1\)
------------------------------------------------------------------------
\1\ Northward along the irregular U.S.-Canada maritime boundary to the
  shoreline.

    (i) Requirements. (A) A vessel fishing in the GOM Scallop Dredge 
Fishery Exemption Area specified in this paragraph (a)(11) may not fish 
for, possess on board, or land any species of fish other than Atlantic 
sea scallops and up to 50 lb (23 kg) tail weight or 166 lb (75 kg) whole 
weight of monkfish per trip.
    (B) The combined dredge width in use by, or in possession on board, 
vessels fishing in the GOM Scallop Dredge

[[Page 546]]

Fishery Exemption Area may not exceed 10.5 ft (3.2 m), measured at the 
widest point in the bail of the dredge.
    (C) The exemption does not apply to the Cashes Ledge Closure Area or 
the Western GOM Area Closure specified in Sec. 648.81(d) and (e).
    (ii) [Reserved]
    (12) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area. A 
vessel may fish with a dredge in the Nantucket Shoals Mussel and Sea 
Urchin Dredge Exemption Area, provided that any dredge on board the 
vessel does not exceed 8 ft (2.4 m), measured at the widest point in the 
bail of the dredge, and the vessel does not fish for, harvest, possess, 
or land any species of fish other than mussels and sea urchins. The area 
coordinates of the Nantucket Shoals Mussel and Sea Urchin Dredge 
Exemption Area are the same coordinates as those of the Nantucket Shoals 
Dogfish Fishery Exemption Area specified in paragraph (a)(10) of this 
section.
    (13) GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area. 
Unless otherwise prohibited in Sec. 648.81, a vessel may fish with 
gillnets in the GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption 
Area when not under a NE multispecies DAS if the vessel complies with 
the requirements specified in paragraph (a)(13)(i) of this section. The 
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area is defined by 
straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
                  N. lat.                             W. long.
------------------------------------------------------------------------
41[deg]35[min]............................  70[deg]00[min]
42[deg]49.5[min]..........................  70[deg]00[min]
42[deg]49.5[min]..........................  69[deg]40[min]
43[deg]12[min]............................  69[deg]00[min]
(\1\).....................................  69[deg]00[min]
------------------------------------------------------------------------
\1\ Due north to Maine shoreline.

    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
monkfish, or lobsters in an amount not to exceed 10 percent by weight of 
the total catch on board, or 200 lobsters, whichever is less.
    (B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm) 
diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through September 14.
    (ii) [Reserved]
    (14) GOM/GB Dogfish Gillnet Exemption. Unless otherwise prohibited 
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish 
and Monkfish Gillnet Fishery Exemption Area when not under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (a)(14)(i) of this section. The area coordinates of the 
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area are specified 
in paragraph (a)(13) of this section.
    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
dogfish, or lobsters in an amount not to exceed 10 percent by weight of 
the total catch on board, or 200 lobsters, whichever is less.
    (B) All gillnets must have a minimum mesh size of 6.5-inch (16.5-cm) 
diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through August 31.
    (ii) [Reserved]
    (15) Raised Footrope Trawl Exempted Whiting Fishery. Vessels subject 
to the minimum mesh size restrictions specified in paragraphs (a)(3) or 
(4) of this section may fish with, use, or possess nets in the Raised 
Footrope Trawl Whiting Fishery area with a mesh size smaller than the 
minimum size specified, if the vessel complies with the requirements 
specified in paragraph (a)(15)(i) of this section. This exemption does 
not apply to the Cashes Ledge Closure Areas or the Western GOM Area 
Closure specified in Sec. 648.81(d) and (e). The Raised Footrope Trawl 
Whiting Fishery Area (copies of a chart depicting the area are available 
from the Regional Administrator upon request) is defined by straight 
lines connecting the following points in the order stated:

          Raised Footrope Trawl Whiting Fishery Exemption Area
                    [September 1 through November 20]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
RF 1.............................  42[deg]14.05[min]   70[deg]08.8[min]
RF 2.............................  42[deg]09.2[min]    69[deg]47.8[min]
RF 3.............................  41[deg]54.85[min]   69[deg]35.2[min]
RF 4.............................  41[deg]41.5[min]    69[deg]32.85[min]
RF 5.............................  41[deg]39[min]      69[deg]44.3[min]
RF 6.............................  41[deg]45.6[min]    69[deg]51.8[min]
RF 7.............................  41[deg]52.3[min]    69[deg]52.55[min]
RF 8.............................  41[deg]55.5[min]    69[deg]53.45[min]
RF 9.............................  42[deg]08.35[min]   70[deg]04.05[min]

[[Page 547]]

 
RF 10............................  42[deg]04.75[min]   70[deg]16.95[min]
RF 11............................  42[deg]00[min]      70[deg]13.2[min]
RF 12............................  42[deg]00[min]      70[deg]24.1[min]
RF 13............................  42[deg]07.85[min]   70[deg]30.1[min]
RF 1.............................  42[deg]14.05[min]   70[deg]08.8[min]
------------------------------------------------------------------------


          Raised Footrope Trawl Whiting Fishery Exemption Area
                    [November 21 through December 31]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
RF 1.............................  42[deg]14.05[min]   70[deg]08.8[min]
RF 2.............................  42[deg]09.2[min]    69[deg]47.8[min]
RF 3.............................  41[deg]54.85[min]   69[deg]35.2[min]
RF 4.............................  41[deg]41.5[min]    69[deg]32.85[min]
RF 5.............................  41[deg]39[min]      69[deg]44.3[min]
RF 6.............................  41[deg]45.6[min]    69[deg]51.8[min]
RF 7.............................  41[deg]52.3[min]    69[deg]52.55[min]
RF 8.............................  41[deg]55.5[min]    69[deg]53.45[min]
RF 9.............................  42[deg]08.35[min]   70[deg]04.05[min]
RF 1.............................  42[deg]14.05[min]   70[deg]08.8[min]
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Raised Footrope Trawl 
Whiting Fishery under this exemption must have on board a valid letter 
of authorization issued by the Regional Administrator. To obtain a 
letter of authorization, vessel owners must write to or call during 
normal business hours the Northeast Region Permit Office and provide the 
vessel name, owner name, permit number, and the desired period of time 
that the vessel will be enrolled. Since letters of authorization are 
effective the day after they are requested, vessel owners should allow 
appropriate processing and mailing time. To withdraw from a category, 
vessel owners must write to or call the Northeast Region Permit Office. 
Withdrawals are effective the day after the date of request. Withdrawals 
may occur after a minimum of 7 days of enrollment.
    (B) All nets must be no smaller than a minimum mesh size of 2.5-inch 
(6.35-cm) square or diamond mesh, subject to the restrictions as 
specified in paragraph (a)(15)(i)(D) of this section. An owner or 
operator of a vessel enrolled in the raised footrope whiting fishery may 
not fish for, possess on board, or land any species of fish other than 
whiting and offshore hake, subject to the applicable possession limits 
as specified in Sec. 648.86, except for the following allowable 
incidental species: Red hake, butterfish, dogfish, herring, mackerel, 
scup, and squid.
    (C) [Reserved]
    (D) All nets must comply with the minimum mesh sizes specified in 
paragraphs (a)(15)(i)(B) of this section. Counting from the terminus of 
the net, the minimum mesh size is applied to the first 100 meshes (200 
bars in the case of square mesh) from the terminus of the net for 
vessels greater than 60 ft (18.3 m) in length and is applied to the 
first 50 meshes (100 bars in the case of square mesh) from the terminus 
of the net for vessels less than or equal to 60 ft (18.3 m) in length.
    (E) Raised footrope trawl gear is required and must be configured as 
specified in paragraphs (a)(9)(ii)(A) through (D) of this section.
    (F) Fishing may only occur from September 1 through November 20 of 
each fishing year, except that it may occur in the eastern portion only 
of the Raised Footrope Trawl Whiting Fishery Exemption Area from 
November 21 through December 31 of each fishing year.
    (G) A vessel enrolled in the Raised Footrope Trawl Whiting Fishery 
may fish for small-mesh multispecies in exempted fisheries outside of 
the Raised Footrope Trawl Whiting Fishery exemption area, provided that 
the vessel complies with the more restrictive gear, possession limit and 
other requirements specified in the regulations of that exempted fishery 
for the entire participation period specified on the vessel's letter of 
authorization. For example, a vessel may fish in both the Raised 
Footrope Trawl Whiting Fishery and the Cultivator Shoal Whiting Fishery 
Exemption Area, and would be restricted to a minimum mesh size of 3 
inches (7.6 cm), as required in the Cultivator Shoal Whiting Fishery 
Exemption Area; the use of the raised footrope trawl; and the catch and 
bycatch restrictions of the Raised Footrope Trawl Whiting Fishery, 
except for scup.
    (ii) Sea sampling. The Regional Administrator shall conduct periodic 
sea sampling to evaluate the bycatch of regulated species.

[[Page 548]]

    (16) GOM Grate Raised Footrope Trawl Exempted Whiting Fishery. 
Vessels subject to the minimum mesh size restrictions specified in 
paragraphs (a)(3) or (4) of this section may fish with, use, and possess 
in the GOM Grate Raised Footrope Trawl Whiting Fishery area from July 1 
through November 30 of each year, nets with a mesh size smaller than the 
minimum size specified, if the vessel complies with the requirements 
specified in paragraphs (a)(16)(i) and (ii) of this section. The GOM 
Grate Raised Footrope Trawl Whiting Fishery Area (copies of a chart 
depicting the area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points in 
the order stated:

     GOM Grate Raised Footrope Trawl Whiting Fishery Exemption Area
                      [July 1 through November 30]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GRF1.............................  43[deg]15[min]      70[deg]35.4[min]
GRF2.............................  43[deg]15[min]      70[deg]00[min]
GRF3.............................  43[deg]25.2[min]    70[deg]00[min]
GRF4.............................  43[deg]41.8[min]    69[deg]20[min]
GRF5.............................  43[deg]58.8[min]    69[deg]20[min]
------------------------------------------------------------------------

    (i) Mesh requirements and possession restrictions. (A) All nets must 
comply with a minimum mesh size of 2.5-inch (6.35-cm) square or diamond 
mesh, subject to the restrictions specified in paragraph (a)(16)(i)(B) 
of this section. An owner or operator of a vessel participating in the 
GOM Grate Raised Footrope Trawl Exempted Whiting Fishery may not fish 
for, possess on board, or land any species of fish, other than whiting 
and offshore hake, subject to the applicable possession limits as 
specified in paragraph (a)(16)(i)(C) of this section, except for the 
following allowable incidental species: Red hake, butterfish, herring, 
mackerel, squid, and alewife.
    (B) All nets must comply with the minimum mesh size specified in 
paragraph (a)(16)(i)(A) of this section. Counting from the terminus of 
the net, the minimum mesh size is applied to the first 100 meshes (200 
bars in the case of square mesh) from the terminus of the net for 
vessels greater than 60 ft (18.3 m) in length and is applied to the 
first 50 meshes (100 bars in the case of square mesh) from the terminus 
of the net for vessels less than or equal to 60 ft (18.3 m) in length.
    (C) An owner or operator of a vessel participating in the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery may fish for, possess, 
and land combined silver hake and offshore hake only up to 7,500 lb 
(3,402 kg). An owner or operator fishing with mesh larger than the 
minimum mesh size specified in paragraph (a)(16)(i)(A) of this section 
may not fish for, possess, or land silver hake or offshore hake in 
quantities larger than 7,500 lb (3,402 kg).
    (ii) Gear specifications. In addition to the requirements specified 
in paragraph (a)(16)(i) of this section, an owner or operator of a 
vessel fishing in the GOM Grate Raised Footrope Trawl Exempted Whiting 
Fishery must configure the vessel's trawl gear as specified in 
paragraphs (a)(16)(ii)(A) through (C) of this section.
    (A) An owner or operator of a vessel fishing in the GOM Grate Raised 
Footrope Trawl Exempted Whiting Fishery must configure the vessel's 
trawl gear with a raised footrope trawl as specified in paragraphs 
(a)(9)(ii)(A) through (C) of this section. In addition, the restrictions 
specified in paragraphs (a)(16)(ii)(B) and (C) of this section apply to 
vessels fishing in the GOM Grate Raised Footrope Trawl Exempted Whiting 
Fishery.
    (B) The raised footrope trawl must be used without a sweep of any 
kind (chain, roller frame, or rockhopper). The drop chains must be a 
maximum of \3/8\-inch (0.95 cm) diameter bare chain and must be hung 
from the center of the footrope and each corner (the quarter, or the 
junction of the bottom wing to the belly at the footrope). Drop chains 
must be at least 42 inches (106.7 cm) in length and must be hung at 
intervals of 8 ft (2.4 m) along the footrope from the corners to the 
wing ends.
    (C) The raised footrope trawl net must have a rigid or semi-rigid 
grate consisting of parallel bars of not more than 50 mm (1.97 inches) 
spacing that excludes all fish and other objects, except those that are 
small enough to pass between its bars into the codend of the trawl. The 
grate must be secured in the trawl, forward of the codend, in such a 
manner that it precludes the

[[Page 549]]

passage of fish or other objects into the codend without the fish or 
objects having to first pass between the bars of the grate. The net must 
have an outlet or hole to allow fish or other objects that are too large 
to pass between the bars of the grate to exit the net. The aftermost 
edge of this outlet or hole must be at least as wide as the grate at the 
point of attachment. The outlet or hole must extend forward from the 
grate toward the mouth of the net. A funnel of net material is allowed 
in the lengthening piece of the net forward of the grate to direct catch 
towards the grate.
    (iii) Annual review. On an annual basis, the Groundfish PDT will 
review data from this fishery, including sea sampling data, to determine 
whether adjustments are necessary to ensure that regulated species 
bycatch remains at a minimum. If the Groundfish PDT recommends 
adjustments to ensure that regulated species bycatch remains at a 
minimum, the Council may take action prior to the next fishing year 
through the framework adjustment process specified in Sec. 648.90(b), 
and in accordance with the Administrative Procedure Act.
    (17) GOM/GB Exemption Area--Area definition. The GOM/GB Exemption 
Area (copies of a map depicting this area are available from the 
Regional Administrator upon request) is that area:
    (i) Bounded on the east by the U.S.-Canada maritime boundary, 
defined by straight lines connecting the following points in the order 
stated:

                Gulf of Maine Georges Bank Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G1...............................  (\1\)               (\1\)
G2...............................  43[deg]58[min]      67[deg]22[min]
G3...............................  42[deg]53.1[min]    67[deg]44.4[min]
G4...............................  42[deg]31[min]      67[deg]28.1[min]
G5...............................  41[deg]18.6[min]    66[deg]24.8[min]
------------------------------------------------------------------------
\1\The intersection of the shoreline and the U.S.-Canada Maritime
  Boundary

    (ii) Bounded on the south by straight lines connecting the following 
points in the order stated:

----------------------------------------------------------------------------------------------------------------
             Point                  N. lat.         W. long.               Approximate loran C bearings
----------------------------------------------------------------------------------------------------------------
G6............................  40[deg]55.5[min  66[deg]38[min]  5930-Y-30750 and 9960-Y-43500.
                                 ]
G7............................  40[deg]45.5[min  68[deg]00[min]  9960-Y-43500 and 68[deg]00[min] W. lat.
                                 ]
G8............................  40[deg]37[min]   68[deg]00[min]  9960-Y-43450 and 68[deg]00[min] W. lat.
G9............................  40[deg]30[min]   69[deg]00[min]
NL3...........................  40[deg]22.7[min  69[deg]00[min]
                                 ]
NL2...........................  40[deg]18.7[min  69[deg]40[min]
                                 ]
NL1...........................  40[deg]50[min]   69[deg]40[min]
G11...........................  40[deg]50[min]   70[deg]00[min]
G12...........................  ...............  70[deg]00[min]
                                                  \1\
----------------------------------------------------------------------------------------------------------------
\1\Northward to its intersection with the shoreline of mainland Massachusetts.

    (18) Great South Channel Scallop Dredge Exemption Area. Vessels 
issued a limited access scallop permit that have declared out of the DAS 
program as specified in Sec. 648.10, or that have used up their DAS 
allocations, and vessels issued a General Category scallop permit, may 
fish in the Great South Channel Scallop Dredge Exemption Area as defined 
under paragraph (a)(18)(i) of this section, when not under a NE 
multispecies or scallop DAS, provided the vessel complies with the 
requirements specified in paragraph (a)(18)(ii) of this section.
    (i) Area Definition. The Great South Channel Scallop Dredge 
Exemption Area is defined by the straight lines connecting the following 
points in the order stated (copies of a chart depicting the area are 
available from the Regional Administrator upon request):

            Great South Channel Scallop Dredge Exemption Area
------------------------------------------------------------------------
                 Point                       N. lat.         W. long.
------------------------------------------------------------------------
GSC 1..................................  42[deg]06 [min]       69[deg]40
                                                                   [min]
GSC 2..................................  41[deg]30 [min]       69[deg]10
                                                                   [min]
GSC 3..................................  41[deg]30 [min]       69[deg]23
                                                                   [min]
GSC 4..................................  40[deg]50 [min]     68[deg]49.2
                                                                   [min]
GSC 5..................................  40[deg]50 [min]    69[deg]29.46
                                                                   [min]
GSC 6..................................  41[deg]10 [min]       69[deg]50
                                                                   [min]
GSC 7..................................  41[deg]10 [min]       70[deg]00
                                                                   [min]
GSC 8..................................  41[deg]35 [min]       70[deg]00
                                                                   [min]
GSC 9..................................  41[deg]35 [min]       69[deg]40
                                                                   [min]
------------------------------------------------------------------------

    (ii) Requirements. (A) A vessel fishing in the Great South Channel 
Scallop Dredge Exemption Area specified in

[[Page 550]]

this paragraph (a)(18) may not fish for, possess on board, or land any 
species of fish other than Atlantic sea scallops and up to 50 lb (23 kg) 
tail weight or 166 lb (75 kg) whole weight of monkfish per trip.
    (B) The combined dredge width in use by, or in possession on board, 
vessels fishing in the Great South Channel Scallop Dredge Exemption Area 
may not exceed 10.5 ft (3.2 m), measured at the widest point in the bail 
of the dredge.
    (C) GSC SNE/GB Yellowtail Flounder Peak Spawning Closure. No vessel 
that qualifies under this exemption, as defined in this paragraph 
(a)(18), may fish for or possess Atlantic sea scallops in the part of 
the Great South Channel Scallop Dredge Exemption Area that lies within 
the SNE and GB yellowtail flounder stock areas (statistical areas 525 
and 526) between April 1 and June 30, as defined by the straight lines 
connecting the following points in the order stated below.

             GSC SNE/GB Yellowtail Flounder Spawning Closure
------------------------------------------------------------------------
                Point                      N. lat.          W. long.
------------------------------------------------------------------------
YTA 1................................  41[deg]20         70[deg]00 [min]
                                        [min]
YTA 2................................  41[deg]20         69[deg]50 [min]
                                        [min]
YTA 3................................  41[deg]10         69[deg]50 [min]
                                        [min]
YTA 4................................  41[deg]10         69[deg]30 [min]
                                        [min]
YTA 5................................  41[deg]00         69[deg]30 [min]
                                        [min]
YTA 6................................  41[deg]00            68[deg]57.58
                                        [min]                      [min]
YTA 7................................  40[deg]50            68[deg]49.20
                                        [min]                      [min]
YTA 8................................  40[deg]50            69[deg]29.46
                                        [min]                      [min]
YTA 9................................  41[deg]10         69[deg]50 [min]
                                        [min]
YTA 10...............................  41[deg]10         70[deg]00 [min]
                                        [min]
YTA 11...............................  \(1)\             70[deg]00 [min]
------------------------------------------------------------------------
\(1)\ Intersection of south-facing coastline of Nantucket, MA, and
  70[deg]00 [min] W. Long.

    (D) GSC CC/GOM Yellowtail Flounder Peak Spawning Closure. No vessel 
that qualifies under this exemption, as defined in this paragraph 
(a)(18), may fish for or possess Atlantic sea scallops in the part of 
the Great South Channel Scallop Dredge Exemption Area that lies within 
the CC/GOM yellowtail flounder stock area (statistical area 521) between 
June 1 and June 30 of each year, as defined by the straight lines 
connecting the following points in the order stated below.

             GSC CC/GOM Yellowtail Flounder Spawning Closure
------------------------------------------------------------------------
                 Point                       N. lat.         W. long.
------------------------------------------------------------------------
YTB 1..................................  41[deg]33.05          70[deg]00
                                          [min]                    [min]
YTB 2..................................  41[deg]20 [min]       70[deg]00
                                                                   [min]
YTB 3..................................  41[deg]20 [min]       69[deg]50
                                                                   [min]
YTB 4..................................  41[deg]10 [min]       69[deg]50
                                                                   [min]
YTB 5..................................  41[deg]10 [min]       69[deg]30
                                                                   [min]
YTB 6..................................  41[deg]00 [min]       69[deg]30
                                                                   [min]
YTB 7..................................  41[deg]00 [min]    68[deg]57.58
                                                                   [min]
YTB 8..................................  41[deg]30 [min]       69[deg]23
                                                                   [min]
YTB 9..................................  41[deg]30 [min]       69[deg]10
                                                                   [min]
YTB 10.................................  42[deg]06 [min]       69[deg]40
                                                                   [min]
YTB 11.................................  41[deg]35 [min]       69[deg]40
                                                                   [min]
YTB 12.................................  41[deg]35 [min]       70[deg]00
                                                                   [min]
------------------------------------------------------------------------

    (b) Southern New England (SNE) Regulated Mesh Area--(1) Area 
definition. The SNE Regulated Mesh Area (copies of a map depicting this 
area are available from the Regional Administrator upon request) is that 
area:
    (i) Bounded on the east by the western boundary of the GB Regulated 
Mesh Area described under paragraph (a)(2)(iii) of this section; and
    (ii) Bounded on the west by a line beginning at the intersection of 
74[deg]00[min] W. long. and the south facing shoreline of Long Island, 
NY, and then running southward along the 74[deg]00[min] W. long. line.
    (2) Gear restrictions--(i) Vessels using trawls. Except as provided 
in paragraphs (b)(2)(i) and (vi) of this section, and unless otherwise 
restricted under paragraph (b)(2)(iii) of this section, the minimum mesh 
size for any trawl net, not stowed and not available for immediate use 
in accordance with Sec. 648.23(b), except midwater trawl, on a vessel 
or used by a vessel fishing under a DAS in the NE multispecies DAS 
program in the SNE Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh 
or 6.5-inch (16.5-cm) square mesh, applied throughout the body and 
extension of the net, or any combination thereof, and 6.5-inch (16.5-cm) 
square or diamond mesh applied to the codend of the net, as defined 
under paragraph (a)(3)(i) of this section. This restriction does not 
apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 
m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraphs (b)(2)(ii) and

[[Page 551]]

(vi) of this section, the minimum mesh size for any Scottish seine, 
midwater trawl, or purse seine, not stowed and not available for 
immediate use in accordance with Sec. 648.23(b), on a vessel or used by 
a vessel fishing under a DAS in the NE multispecies DAS program in the 
SNE Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch 
(16.5-cm) square mesh applied throughout the net, or any combination 
thereof. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the SNE Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
not stowed and not available for immediate use in accordance with Sec. 
648.23(b) on a vessel or used by a vessel fishing under a DAS in the 
Large-mesh DAS program, specified in Sec. 648.82(b)(4), is 8.5-inch 
(21.6-cm) diamond or square mesh throughout the entire net. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iv) Gillnet vessels. For Day and Trip gillnet vessels, the minimum 
mesh size for any sink gillnet not stowed and not available for 
immediate use in accordance with Sec. 648.23(b), when fishing under a 
DAS in the NE multispecies DAS program in the SNE Regulated Mesh Area, 
is 6.5 inches (16.5 cm) throughout the entire net. This restriction does 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued 
a NE multispecies permit and that are fishing exclusively in state 
waters. Day gillnet vessels must also abide by the tagging requirements 
in paragraph (a)(3)(iv)(C) of this section.
    (A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE 
multispecies DAS and fishing in the SNE Regulated Mesh Area may not fish 
with nets longer than 300 ft (91.4 m), or 50 fathoms (91.4 m) in length.
    (B) Day gillnet vessels--(1) Number of nets. A Day gillnet vessel 
fishing under a NE multispecies DAS and fishing in the SNE Regulated 
Mesh Area may not fish with, haul, possess, or deploy more than 75 nets, 
except as provided in Sec. 648.92(b)(8)(i). Such vessels, in accordance 
with Sec. 648.23(b), may stow additional nets not to exceed 160, 
counting deployed nets.
    (2) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m), in length.
    (3) Tags. Roundfish or flatfish gillnets must be tagged with two 
tags per net, with one tag secured to each bridle of every net within a 
string of nets.
    (C) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of 
this section.
    (v) Hook gear restrictions. Unless otherwise specified in this 
paragraph (b)(2)(v), vessels fishing with a valid NE multispecies 
limited access permit and fishing under a NE multispecies DAS, and 
vessels fishing with a valid NE multispecies limited access Small-Vessel 
permit, in the SNE Regulated Mesh Area, and persons on such vessels, are 
prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel, more than 2,000 rigged hooks. All 
longline gear hooks must be circle hooks, of a minimum size of 12/0. An 
unabated hook and gangions that has not been secured to the ground line 
of the trawl on board a vessel is deemed to be a replacement hook and is 
not counted toward the 2,000-hook limit. A ``snap-on'' hook is deemed to 
be a replacement hook if it is not rigged or baited. The use of de-
hookers (``crucifer'') with less than 6-inch (15.2-cm) spacing between 
the fairlead rollers is prohibited. Vessels fishing with a valid NE 
multispecies limited access Hook Gear permit and fishing under a 
multispecies DAS in the SNE Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel. Vessels fishing with a valid NE multispecies limited 
access Handgear A permit are prohibited from fishing, or possessing on 
board the vessel, gears other than handgear. Vessels fishing with tub-
trawl gear are prohibited from fishing, setting, or hauling back, per 
day, or possessing on board the vessel more than 250 hooks.

[[Page 552]]

    (vi) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of 
this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (b)(3), 
(b)(5) through (9), (b)(11), (c), (e), (h), and (i) of this section; or 
if fishing under a NE multispecies DAS, if fishing under the Small 
Vessel or Handgear A exemptions specified in Sec. 648.82(b)(5) and 
(b)(6), respectively; or if fishing under a scallop state waters 
exemption specified in Sec. 648.54; or if fishing under a scallop DAS 
in accordance with paragraph (h) of this section; or if fishing under a 
General Category scallop permit in accordance with paragraphs 
(b)(11)(i)(A) and (B) of this section; or if fishing pursuant to a NE 
multispecies open access Charter/Party or Handgear permit; or if fishing 
as a charter/party or private recreational vessel in compliance with the 
regulations specified in Sec. 648.89. Any gear on a vessel, or used by 
a vessel, in this area must be authorized under one of these exemptions 
or must be stowed as specified in Sec. 648.23(b).
    (3) Exemptions--(i) Species exemptions. Owners and operators of 
vessels subject to the minimum mesh size restrictions specified in 
paragraphs (a)(4) and (b)(2) of this section, may fish for, harvest, 
possess, or land butterfish, dogfish (trawl only), herring, Atlantic 
mackerel, ocean pout, scup, shrimp, squid, summer flounder, silver hake 
and offshore hake, and weakfish with nets of a mesh size smaller than 
the minimum size specified in the GB and SNE Regulated Mesh Areas when 
fishing in the SNE Exemption Area defined in paragraph (b)(10) of this 
section, provided such vessels comply with requirements specified in 
paragraph (b)(3)(ii) of this section and with the mesh size and 
possession limit restrictions specified under Sec. 648.86(d).
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh smaller than the 
minimum size specified in paragraphs (a)(4) and (b)(2) of this section 
when fishing in the SNE Exemption Area defined in paragraph (b)(10) of 
this section, provided that such nets are stowed and are not available 
for immediate use in accordance with Sec. 648.23(b), and provided that 
regulated species were not harvested by nets of mesh size smaller than 
the minimum mesh size specified in paragraphs (a)(4) and (b)(2) of this 
section. Vessels fishing for the exempted species identified in 
paragraph (b)(3)(i) of this section may also possess and retain the 
following species, with the restrictions noted, as incidental take to 
these exempted fisheries: Conger eels; sea robins; black sea bass; red 
hake; tautog (blackfish); blowfish; cunner; John Dory; mullet; bluefish; 
tilefish; longhorn sculpin; fourspot flounder; alewife; hickory shad; 
American shad; blueback herring; sea raven; Atlantic croaker; spot; 
swordfish; monkfish and monkfish parts--up to 10 percent, by weight, of 
all other species on board or up to 50 lb (23 kg) tail-weight/166 lb (75 
kg) whole weight of monkfish per trip, as specified in Sec. 
648.94(c)(4), whichever is less; American lobster--up to 10 percent, by 
weight, of all other species on board or 200 lobsters, whichever is 
less; and skate and skate parts--up to 10 percent, by weight, of all 
other species on board.
    (4) Addition or deletion of exemptions. Same as in paragraph (a)(8) 
of this section.
    (5) SNE Monkfish and Skate Trawl Exemption Area. Unless otherwise 
required or prohibited by monkfish or skate regulations under this part, 
a vessel may fish with trawl gear in the SNE Monkfish and Skate Trawl 
Fishery Exemption Area when not operating under a NE multispecies DAS if 
the vessel complies with the requirements specified in paragraph 
(b)(5)(i) of this section, and the monkfish and skate regulations, as 
applicable, under this part. The SNE Monkfish and Skate Trawl Fishery 
Exemption Area is defined as the area bounded on the north by a line 
extending eastward along 40[deg]10[min] N. lat., and bounded on the west 
by the western boundary of the SNE Exemption Area as defined in 
paragraph (b)(10)(ii) of this section.
    (i) Requirements. (A) A vessel fishing under this exemption may only 
fish for, possess on board, or land monkfish and incidentally caught 
species up to the amounts specified in paragraph (b)(3) of this section.

[[Page 553]]

    (B) All trawl nets must comply with the minimum mesh size specified 
under Sec. 648.91(c)(1)(i).
    (C) A vessel not operating under a multispecies DAS may fish for, 
possess on board, or land skates, provided:
    (1) The vessel is called into the monkfish DAS program (Sec. 
648.92) and complies with the skate possession limit restrictions at 
Sec. 648.322;
    (2) The vessel has an LOA on board to fish for skates as bait only, 
and complies with the requirements specified at Sec. 648.322(b); or
    (3) The vessel possesses and/or lands skates or skate parts in an 
amount not to exceed 10 percent by weight of all other species on board 
as specified at paragraph (b)(3) of this section.
    (ii) [Reserved]
    (6) SNE Monkfish and Skate Gillnet Exemption Area. Unless otherwise 
required by monkfish regulations under this part, a vessel may fish with 
gillnet gear in the SNE Monkfish and Skate Gillnet Fishery Exemption 
Area when not operating under a NE multispecies DAS if the vessel 
complies with the requirements specified in paragraph (b)(6)(i) of this 
section; the monkfish regulations, as applicable, under Sec. Sec. 
648.91 through 648.94; and the skate regulations, as applicable, under 
Sec. Sec. 648.4 and 648.322. The SNE Monkfish and Skate Gillnet Fishery 
Exemption Area is defined by a line running from the Massachusetts 
shoreline at 41[deg]35[min] N. lat. and 70[deg]00[min] W. long., south 
to its intersection with the outer boundary of the EEZ, southwesterly 
along the outer boundary of the EEZ, and bounded on the west by the 
western boundary of the SNE Exemption Area, as defined in paragraph 
(b)(10)(ii) of this section.
    (i) Requirements. (A) A vessel fishing under this exemption may only 
fish for, possess on board, or land monkfish and incidentally caught 
species up to the amounts specified in paragraph (b)(3) of this section.
    (B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm) 
diamond mesh throughout the net.
    (C) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(6)(i)(B) of this section must be stowed as 
specified in Sec. 648.23(b).
    (D) A vessel not operating under a NE multispecies DAS may fish for, 
possess on board, or land skates, provided:
    (1) The vessel is called into the monkfish DAS program (Sec. 
648.92) and complies with the skate possession limit restrictions at 
Sec. 648.322;
    (2) The vessel has an Letter of Authorization on board to fish for 
skates as bait only, and complies with the requirements specified at 
Sec. 648.322(b); or
    (3) The vessel possesses and/or lands skates or skate parts in an 
amount not to exceed 10 percent, by weight, of all other species on 
board as specified at paragraph (b)(3) of this section.
    (ii) [Reserved]
    (7) SNE Dogfish Gillnet Exemption Area. Unless otherwise required by 
monkfish regulations under this part, a gillnet vessel may fish in the 
SNE Dogfish Gillnet Fishery Exemption Area when not operating under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (b)(7)(i) of this section and the applicable dogfish 
regulations under subpart L of this part. The SNE Dogfish Gillnet 
Fishery Exemption Area is defined by a line running from the 
Massachusetts shoreline at 41[deg]35[min] N. lat. and 70[deg]00[min] W. 
long., south to its intersection with the outer boundary of the EEZ, 
southwesterly along the outer boundary of the EEZ, and bounded on the 
west by the western boundary of the SNE Exemption Area as defined in 
paragraph (b)(10)(ii) of this section.
    (i) Requirements. (A) A vessel fishing under this exemption may only 
fish for, possess on board, or land dogfish and the bycatch species and 
amounts specified in paragraph (b)(3) of this section.
    (B) All gillnets must have a minimum mesh size of 6-inch (15.2-cm) 
diamond mesh throughout the net.
    (C) Fishing is confined to May 1 through October 31.
    (ii) [Reserved]
    (8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish 
with a dredge in the SNE Exemption Area, as defined in paragraph (b)(10) 
of this section, provided that any dredge on board the vessel does not 
exceed 8 ft (2.4 m), measured at the widest point in the bail of the 
dredge, and the vessel does not fish for, harvest, possess, or land

[[Page 554]]

any species of fish other than mussels and sea urchins.
    (9) SNE Little Tunny Gillnet Exemption Area. A vessel may fish with 
gillnet gear in the SNE Little Tunny Gillnet Exemption Area when not 
operating under a NE multispecies DAS with mesh size smaller than the 
minimum required in the SNE Regulated Mesh Area, if the vessel complies 
with the requirements specified in paragraph (b)(9)(i) of this section. 
The SNE Little Tunny Gillnet Exemption Area is defined by a line running 
from the Rhode Island shoreline at 41[deg]18.2[min] N. lat. and 
71[deg]51.5[min] W. long. (Watch Hill, RI), southwesterly through 
Fishers Island, NY, to Race Point, Fishers Island, NY; and from Race 
Point, Fishers Island, NY, southeasterly to 41[deg]06.5[min] N. lat. and 
71[deg]50.2[min] W. long.; east-northeastly through Block Island, RI, to 
41[deg]15[min] N. lat. and 71[deg]07[min] W. long.; then due north to 
the intersection of the RI-MA shoreline.
    (i) Requirements. (A) A vessel fishing under this exemption may fish 
only for, possess on board, or land little tunny and the allowable 
incidental species and amounts specified in paragraph (b)(3) of this 
section and, if applicable, paragraph (b)(9)(i)(B) of this section. 
Vessels fishing under this exemption may not possess regulated species.
    (B) A vessel may possess bonito as an allowable incidental species.
    (C) The vessel must have a letter of authorization issued by the 
Regional Administrator on board.
    (D) All gillnets must have a minimum mesh size of 5.5-inch (14.0-cm) 
diamond mesh throughout the net.
    (E) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(9)(i)(D) of this section must be stowed in 
accordance with one of the methods described under Sec. 648.23(b) while 
fishing under this exemption.
    (F) Fishing is confined to September 1 through October 31.
    (ii) The Regional Administrator shall conduct periodic sea sampling 
to evaluate the likelihood of gear interactions with protected 
resources.
    (10) SNE Exemption Area--Area definition. The SNE Exemption Area 
(copies of a map depicting this area are available from the Regional 
Administrator upon request) is that area:
    (i) Bounded on the east by straight lines connecting the following 
points in the order stated:

                   Southern New England Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G5...............................  41[deg]18.6[min]    66[deg]24.8[min]
G6...............................  40[deg]55.5[min]    66[deg]38[min]
G7...............................  40[deg]45.5[min]    68[deg]00[min]
G8...............................  40[deg]37[min]      68[deg]00[min]
G9...............................  40[deg]30.5[min]    69[deg]00[min]
NL3..............................  40[deg]22.7[min]    69[deg]00[min]
NL2..............................  40[deg]18.7[min]    69[deg]40[min]
NL1..............................  40[deg]50[min]      69[deg]40[min]
G11..............................  40[deg]50[min]      70[deg]00[min]
G12..............................  ..................  70[deg]00[min]
                                                        \1\
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland
  Massachusetts.

    (ii) Bounded on the west by a line running from the Rhode Island 
shoreline at 41[deg]18.2[min] N. lat. and 71[deg]51.5[min] W. long. 
(Watch Hill, RI), southwesterly through Fishers Island, NY, to Race 
Point, Fishers Island, NY; and from Race Point, Fishers Island, NY; 
southeasterly to the intersection of the 3-nautical mile line east of 
Montauk Point; southwesterly along the 3-nautical mile line to the 
intersection of 72[deg]30[min] W. long.; and south along that line to 
the intersection of the outer boundary of the EEZ.
    (11) SNE Scallop Dredge Exemption Area. Unless otherwise prohibited 
in Sec. 648.81, or 50 CFR part 648, subpart D, vessels with a limited 
access scallop permit that have declared out of the DAS program as 
specified in Sec. 648.10, or that have used up their DAS allocation, 
and vessels issued a General Category scallop permit, may fish in the 
SNE Scallop Dredge Exemption Area when not under a NE multispecies DAS, 
provided the vessel complies with the requirements specified in 
paragraph (b)(11)(ii) of this section.
    (i) The SNE Scallop Dredge Exemption Area is that area (copies of a 
chart depicting this area are available from the Regional Administrator 
upon request):
    (A) Bounded on the west, south, and east by straight lines 
connecting the following points in the order stated:

------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
Sc1..............................  (\1\)               73[deg]00[min]
Sc2..............................  40[deg]00[min]      73[deg]00[min]

[[Page 555]]

 
Sc3..............................  40[deg]00[min]      71[deg]40[min]
Sc4..............................  39[deg]50[min]      71[deg]40[min]
Sc5..............................  39[deg]50[min]      70[deg]00[min]
Sc6..............................  (\2\)               70[deg]00[min]
Sc7..............................  (\3\)               70[deg]00[min]
Sc8..............................  (\4\)               70[deg]00[min]
------------------------------------------------------------------------
\1\ South facing shoreline of Long Island, NY.
\2\ South facing shoreline of Nantucket, MA.
\3\ North facing shoreline of Nantucket, MA.
\4\ South facing shoreline of Cape Cod, MA.

    (B) Bounded on the northwest by straight lines connecting the 
following points in the order stated:

------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
Sc9..............................  41[deg]00[min]      (\1\)
Sc10.............................  41[deg]00[min]      71[deg]40[min]
Sc11.............................  (\2\)               71[deg]40[min]
------------------------------------------------------------------------
\1\ East facing shoreline of the south fork of Long Island, NY.
\2\ South facing shoreline of RI.

    (ii) Exemption program requirements. (A) A vessel fishing in the SNE 
Scallop Dredge Exemption Area may not fish for, posses on board, or land 
any species of fish other than Atlantic sea scallops and up to 50 lb (23 
kg) tail weight or 166 lb (75 kg) whole weight of monkfish per trip.
    (B) The combined dredge width in use by or in possession on board 
vessels fishing in the SNE Scallop Dredge Exemption Area shall not 
exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the 
dredge.
    (C) The minimum mesh size used in the twine top of scallop dredges 
must be 10 in (25.4 cm).
    (D) The exemption does not apply to the Nantucket Lightship Closed 
Area specified under Sec. 648.81(c).
    (c) Mid-Atlantic (MA) Regulated Mesh Area--(1) Area definition. The 
MA Regulated Mesh Area is that area bounded on the east by the western 
boundary of the SNE Regulated Mesh Area, described under paragraph 
(b)(1)(ii) of this section.
    (2) Gear restrictions--(i) Vessels using trawls. Except as provided 
in paragraph (c)(2)(iii) of this section, the minimum mesh size for any 
trawl net not stowed and not available for immediate use in accordance 
with Sec. 648.23(b), on a vessel or used by a vessel fishing under a 
DAS in the NE multispecies DAS program in the MA Regulated Mesh Area 
shall be that specified by Sec. 648.104(a), applied throughout the body 
and extension of the net, or any combination thereof, and 6.5-inch 
(16.5-cm) diamond or square mesh applied to the codend of the net, as 
defined in paragraph (a)(3)(i) of this section. This restriction does 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued 
a NE multispecies permit and that are fishing exclusively in state 
waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraph (c)(2)(iii) of this section, the minimum 
mesh size for any sink gillnet, Scottish seine, midwater trawl, or purse 
seine, not stowed and not available for immediate use in accordance with 
Sec. 648.23(b), on a vessel or used by a vessel fishing under a DAS in 
the NE multispecies DAS program in the MA Regulated Mesh Area, shall be 
that specified in Sec. 648.104(a). This restriction does not apply to 
nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq 
ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the MA Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
not stowed and not available for immediate use in accordance with Sec. 
648.23(b), on a vessel or used by a vessel fishing under a DAS in the 
Large-mesh DAS program, specified in Sec. 648.82(b)(4), is 7.5-inch 
(19.0-cm) diamond mesh or 8.0-inch (20.3-cm) square mesh, throughout the 
entire net. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (iv) Hook gear restrictions. Unless otherwise specified in this 
paragraph (c)(2)(iv), vessels fishing with a valid NE multispecies 
limited access permit and fishing under a NE multispecies DAS, and 
vessels fishing with a valid NE multispecies limited access Small Vessel 
permit, in the MA Regulated Mesh Area, and persons on such vessels, are 
prohibited from using de-hookers (``crucifer'') with less than 6-inch 
(15.2-cm) spacing between the fairlead rollers. Vessels fishing with a 
valid NE multispecies limited access

[[Page 556]]

Hook gear permit and fishing under a NE multispecies DAS in the MA 
Regulated Mesh Area, and persons on such vessels, are prohibited from 
possessing gear other than hook gear on board the vessel and are 
prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel, more than 4,500 rigged hooks. An 
unabated hook and gangions that has not been secured to the ground line 
of the trawl on board a vessel is deemed to be a replacement hook and is 
not counted toward the 4,500-hook limit. A ``snap-on'' hook is deemed to 
be a replacement hook if it is not rigged or baited. Vessels fishing 
with a valid NE multispecies limited access Handgear permit are 
prohibited from fishing, or possessing on board the vessel gears other 
than handgear. Vessels fishing with tub-trawl gear are prohibited from 
fishing, setting, or hauling back, per day, or possessing on board the 
vessel, more than 250 hooks.
    (v) Gillnet vessels. For Day and Trip gillnet vessels, the minimum 
mesh size for any sink gillnet, not stowed and not available for 
immediate use in accordance with Sec. 648.23(b), when fishing under a 
DAS in the NE multispecies DAS program in the MA Regulated Mesh Area, is 
6.5 inches (16.5 cm) throughout the entire net. This restriction does 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued 
a NE multispecies permit and that are fishing exclusively in state 
waters.
    (A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE 
multispecies DAS and fishing in the MA Regulated Mesh Area may not fish 
with nets longer than 300 ft (91.4 m), or 50 fathoms (91.4 m) in length.
    (B) Day gillnet vessels--(1) Number of nets. A Day gillnet vessel 
fishing under a NE multispecies DAS and fishing in the MA Regulated Mesh 
Area, may not fish with, haul, possess, or deploy more than 75 nets, 
except as provided in Sec. 648.92(b)(8)(i). Such vessels, in accordance 
with Sec. 648.23(b), may stow additional nets not to exceed 160, 
counting deployed nets.
    (2) Net size requirement. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m), in length.
    (3) Tags. Roundfish or flatfish gillnets must be tagged with two 
tags per net, with one tag secured to each bridle of every net within a 
string of nets.
    (C) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of 
this section.
    (3) Net stowage exemption. Vessels may possess regulated species 
while in possession of nets with mesh smaller than the minimum size 
specified in paragraph (c)(2)(i) of this section, provided that such 
nets are stowed and are not available for immediate use in accordance 
with Sec. 648.23(b), and provided that regulated species were not 
harvested by nets of mesh size smaller than the minimum mesh size 
specified in paragraph (c)(2)(i) of this section.
    (4) Addition or deletion of exemptions. See paragraph (a)(8)(ii) of 
this section.
    (5) MA Exemption Area. The MA Exemption Area is that area that lies 
west of the SNE Exemption Area defined in paragraph (b)(10) of this 
section.
    (d) Midwater trawl gear exempted fishery. Fishing may take place 
throughout the fishing year with midwater trawl gear of mesh size less 
than the applicable minimum size specified in this section, provided 
that:
    (1) Midwater trawl gear is used exclusively;
    (2) When fishing under this exemption in the GOM/GB Exemption Area, 
as defined in paragraph (a)(17) of this section, and in the area 
described in Sec. 648.81(c)(1), the vessel has on board a letter of 
authorization issued by the Regional Administrator, and complies with 
the following restrictions:
    (i) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, or mackerel in areas north of 42[deg]20[min] 
N. lat. and in the areas described in Sec. 648.81(a)(1), (b)(1), and 
(c)(1); and Atlantic herring, blueback herring, mackerel, or squid in 
all other areas south of 42[deg]20[min] N. lat.; and
    (ii) The vessel is issued a letter of authorization for a minimum of 
7 days. The vessel can be issued LOAs for the midwater trawl exempted 
fishery and the purse seine exempted fishery at the same time.
    (3) The vessel carries a NMFS-approved sea sampler/observer, if 
requested by the Regional Administrator;

[[Page 557]]

    (4) The vessel does not fish for, possess or land NE multispecies, 
except that vessels that have an All Areas Limited Access Herring Permit 
and/or an Areas 2 and 3 Limited Access Herring Permit may possess and 
land haddock or other regulated species consistent with the incidental 
catch allowance and bycatch caps specified in Sec. 648.86(a)(3). Such 
haddock or other regulated NE multispecies may not be sold, purchased, 
received, traded, bartered, or transferred, or attempted to be sold, 
purchased, received, traded, bartered, or transferred for, or intended 
for, human consumption. Haddock or other regulated NE multispecies that 
are separated out from the herring catch pursuant to Sec. 648.15(d) may 
not be sold, purchased, received, traded, bartered, or transferred, or 
attempted to be sold, purchased, received, traded, bartered, or 
transferred for any purpose. Vessels that have an All Areas Limited 
Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring 
Permit may not discard haddock that has been brought on the deck or 
pumped into the hold;
    (5) To fish for herring under this exemption, vessels that have an 
All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited 
Access Herring Permit must provide notice to NMFS of the vessel name; 
contact name for coordination of observer deployment; telephone number 
for contact; and the date, time, and port of departure, at least 72 hr 
prior to beginning any trip into these areas for the purposes of 
observer deployment; and
    (6) All vessels that have an All Areas Limited Access Herring Permit 
and/or an Areas 2 and 3 Limited Access Herring Permit, which are on a 
declared herring trip must notify NMFS Office of Law Enforcement through 
VMS of the time and place of offloading at least 6 hr prior to crossing 
the VMS demarcation line on their return trip to port, or, for vessels 
that have not fished seaward of the VMS demarcation line, at least 6 hr 
prior to landing. The Regional Administrator may adjust the prior 
notification minimum time through publication of a notice in the Federal 
Register consistent with the Administrative Procedure Act.
    (e) Purse seine gear exempted fishery. Fishing may take place 
throughout the fishing year with purse seine gear of mesh size smaller 
than the applicable minimum size specified in this section, provided 
that:
    (1) The vessel uses purse seine gear exclusively;
    (2) When fishing under this exemption in the GOM/GB Exemption Area, 
as defined in paragraph (a)(17) of this section, the vessel has on board 
a letter of authorization issued by the Regional Administrator and 
complies with the following:
    (i) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or menhaden; and
    (ii) The vessel must carry a NMFS-approved sea sampler/observer, if 
requested to do so by the Regional Administrator;
    (3) The vessel is issued a letter of authorization for a minimum of 
7 days, and cancels it only as instructed by the Regional Administrator. 
The vessel can be issued LOAs for the midwater trawl exempted fishery 
and the purse seine exempted fishery at the same time; and
    (4) The vessel does not fish for, possess, or land NE multispecies, 
except that vessels that have an All Areas Limited Access Herring Permit 
and/or an Areas 2 and 3 Limited Access Herring Permit, as defined in 
Sec. 648.2, may possess and land haddock or other regulated species 
consistent with the incidental catch allowance and bycatch caps 
specified in Sec. 648.86(a)(3). Such haddock or other regulated 
multispecies may not be sold, purchased, received, traded, bartered, or 
transferred, or attempted to be sold, purchased, received, traded, 
bartered, or transferred for, or intended for, human consumption. 
Haddock or other regulated species that are separated out from the 
herring catch pursuant to Sec. 648.15(d) may not be sold, purchased, 
received, traded, bartered, or transferred, or attempted to be sold, 
purchased, received, traded, bartered, or transferred for any purpose. 
Vessels that have an All Areas Limited Access Herring Permit and/or an 
Areas 2 and 3 Limited Access Herring Permit may not discard haddock that 
has been brought on the deck or pumped into the hold;

[[Page 558]]

    (5) To fish for herring under this exemption, vessels that have an 
All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited 
Access Herring Permit must provide notice to NMFS of the vessel name; 
contact name for coordination of observer deployment; telephone number 
for contact; and the date, time, and port of departure, at least 72 hr 
prior to beginning any trip into these areas for the purposes of 
observer deployment; and
    (6) All vessels that have an All Areas Limited Access Herring Permit 
and/or an Areas 2 and 3 Limited Access Herring Permit must notify NMFS 
Office of Law Enforcement through VMS of the time and place of 
offloading at least 6 hr prior to crossing the VMS demarcation line on 
their return trip to port, or, for vessels that have not fished seaward 
of the VMS demarcation line, at least 6 hr prior to landing. The 
Regional Administrator may adjust the prior notification minimum time 
through publication of a notice in the Federal Register consistent with 
the Administrative Procedure Act.
    (f) Mesh measurements--(1) Gillnets. Mesh size of gillnet gear shall 
be measured by lining up 5 consecutive knots perpendicular to the float 
line and, with a ruler or tape measure, measuring 10 consecutive 
measures on the diamond, inside knot to inside knot. The mesh shall be 
the average of the measurements of 10 consecutive measures.
    (2) All other nets. With the exception of gillnets, mesh size is 
measured by a wedge-shaped gauge having a taper of 2 cm (0.79 inches) in 
8 cm (3.15 inches), and a thickness of 2.3 mm (0.09 inches), inserted 
into the meshes under a pressure or pull of 5 kg (11.02 lb) for mesh 
size less than 120 mm (4.72 inches) and under a pressure or pull of 8 kg 
(17.64 lb) for mesh size at, or greater, than 120 mm (4.72 inches).
    (i) Square-mesh measurement. Square mesh in the regulated portion of 
the net is measured by placing the net gauge along the diagonal line 
that connects the largest opening between opposite corners of the 
square. The square-mesh size is the average of the measurements of 20 
consecutive adjacent meshes from the terminus forward along the long 
axis of the net. The square mesh is measured at least five meshes away 
from the lacings of the net.
    (ii) Diamond-mesh measurement. Diamond mesh in the regulated portion 
of the net is measured running parallel to the long axis of the net. The 
diamond-mesh size is the average of the measurements of any series of 20 
consecutive meshes. The mesh is measured at least five meshes away from 
the lacings of the net.
    (g) Restrictions on gear and methods of fishing--(1) Net obstruction 
or constriction. Except as provided in paragraph (g)(5) of this section, 
a fishing vessel subject to minimum mesh size restrictions shall not use 
any device or material, including, but not limited to, nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of a trawl net, 
except that one splitting strap and one bull rope (if present), 
consisting of line and rope no more than 3 in (7.6 cm) in diameter, may 
be used if such splitting strap and/or bull rope does not constrict, in 
any manner, the top of the trawl net. ``The top of the trawl net'' means 
the 50 percent of the net that (in a hypothetical situation) would not 
be in contact with the ocean bottom during a tow if the net were laid 
flat on the ocean floor. For the purpose of this paragraph, head ropes 
are not considered part of the top of the trawl net.
    (2) Net obstruction or constriction. (i) Except as provided in 
paragraph (g)(5) of this section, a fishing vessel may not use any mesh 
configuration, mesh construction, or other means on or in the top of the 
net subject to minimum mesh size restrictions, as defined in paragraph 
(g)(1) of this section, if it obstructs the meshes of the net in any 
manner.
    (ii) A fishing vessel may not use a net capable of catching NE 
multispecies if the bars entering or exiting the knots twist around each 
other.
    (3) Pair trawl prohibition. No vessel may fish for NE multispecies 
while pair trawling, or possess or land NE multispecies that have been 
harvested by means of pair trawling, except as authorized under 
paragraph (d) of this section.
    (4) Brush-sweep trawl prohibition. No vessel may fish for, possess, 
or land NE multispecies while fishing with, or

[[Page 559]]

while in possession of, brush-sweep trawl gear.
    (5) Net strengthener restrictions when fishing for or possessing 
small-mesh multispecies--(i) Nets of mesh size less than 2.5 inches (6.4 
cm). A vessel lawfully fishing for small-mesh multispecies in the GOM/
GB, SNE, or MA Regulated Mesh Areas, as defined in paragraphs (a), (b), 
and (c) of this section, with nets of mesh size smaller than 2.5 inches 
(6.4-cm), as measured by methods specified in paragraph (f) of this 
section, may use net strengtheners (covers, as described at Sec. 
648.23(d)), provided that the net strengthener for nets of mesh size 
smaller than 2.5 inches (6.4 cm) complies with the provisions specified 
under Sec. 648.23(d).
    (ii) Nets of mesh size equal to or greater than 2.5 inches (6.4 cm) 
but less than 3 inches (7.6 cm). A vessel lawfully fishing for small-
mesh multispecies in the GOM/GB, SNE, or MA Regulated Mesh Areas, as 
defined in paragraphs (a), (b), and (c) of this section, with nets with 
mesh size equal to or greater than 2.5 inches (6.4 cm) but less than 3 
inches (7.6 cm) (as measured by methods specified in paragraph (f) of 
this section, and as applied to the part of the net specified in 
paragraph (d)(1)(iv) of this section) may use a net strengthener (i.e., 
outside net), provided the net strengthener does not have an effective 
mesh opening of less than 6 inches (15.2 cm), diamond or square mesh, as 
measured by methods specified in paragraph (f) of this section. The 
inside net (as applied to the part of the net specified in paragraph 
(d)(1)(iv) of this section) must not be more than 2 ft (61 cm) longer 
than the outside net, must be the same circumference or smaller than the 
smallest circumference of the outside net, and must be the same mesh 
configuration (i.e., both square or both diamond mesh) as the outside 
net.
    (6) Gillnet requirements to reduce or prevent marine mammal takes--
(i) Requirements for gillnet gear capable of catching NE multispecies to 
reduce harbor porpoise takes. In addition to the requirements for 
gillnet fishing identified in this section, all persons owning or 
operating vessels in the EEZ that fish with sink gillnet gear and other 
gillnet gear capable of catching NE multispecies, with the exception of 
single pelagic gillnets (as described in Sec. 648.81(f)(2)(ii)), must 
comply with the applicable provisions of the Harbor Porpoise Take 
Reduction Plan found in Sec. 229.33 of this title.
    (ii) Requirements for gillnet gear capable of catching NE 
multispecies to prevent large whale takes. In addition to the 
requirements for gillnet fishing identified in this section, all persons 
owning or operating vessels in the EEZ that fish with sink gillnet gear 
and other gillnet gear capable of catching NE multispecies, with the 
exception of single pelagic gillnets (as described in Sec. 
648.81(f)(2)(ii)), must comply with the applicable provisions of the 
Atlantic Large Whale Take Reduction Plan found in Sec. 229.32 of this 
title.
    (h) Scallop vessels. (1) Except as provided in paragraph (h)(2) of 
this section, a scallop vessel that possesses a limited access scallop 
permit and either a NE multispecies Combination vessel permit or a 
scallop/multispecies possession limit permit, and that is fishing under 
a scallop DAS allocated under Sec. 648.53, may possess and land up to 
300 lb (136.1 kg) of regulated species per trip, provided that the 
amount of regulated species on board the vessel does not exceed the trip 
limits specified in Sec. 648.86, and provided the vessel has at least 
one standard tote on board, unless otherwise restricted by Sec. 
648.86(a)(2).
    (2) Combination vessels fishing under a NE multispecies DAS are 
subject to the gear restrictions specified in this section and may 
possess and land unlimited amounts of regulated species, unless 
otherwise restricted by Sec. 648.86. Such vessels may simultaneously 
fish under a scallop DAS.
    (i) State waters winter flounder exemption. Any vessel issued a NE 
multispecies permit may fish for, possess, or land winter flounder while 
fishing with nets of mesh smaller than the minimum size specified in 
paragraphs (a)(2), (b)(2), and (c)(2) of this section, provided that:
    (1) The vessel has on board a certificate approved by the Regional 
Administrator and issued by the state agency authorizing the vessel's 
participation in the state's winter flounder fishing program and is in 
compliance with the applicable state laws pertaining to

[[Page 560]]

minimum mesh size for winter flounder.
    (2) Fishing is conducted exclusively in the waters of the state from 
which the certificate was obtained.
    (3) The state's winter flounder plan has been approved by the 
Commission as being in compliance with the Commission's winter flounder 
fishery management plan.
    (4) The state elects, by a letter to the Regional Administrator, to 
participate in the exemption program described by this section (for a 
particular fishing year).
    (5) The vessel does not enter or transit the EEZ.
    (6) The vessel does not enter or transit the waters of another 
state, unless such other state is participating in the exemption program 
described by this section and the vessel is enrolled in that state's 
program.
    (7) The vessel, when not fishing under the DAS program, does not 
fish for, possess, or land more than 500 lb (226.8 kg) of winter 
flounder, and has at least one standard tote on board.
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small-mesh species 
specified under paragraphs (a)(5)(i), (a)(9)(i), (b)(3), and (c)(4) of 
this section when fishing in the areas specified under paragraphs 
(a)(5), (a)(9), (b)(10), and (c)(5) of this section, respectively. 
Vessels fishing under this exemption in New York and Connecticut state 
waters and permitted to fish for skates may also possess and land skates 
in amounts not to exceed 10 percent, by weight, of all other species on 
board.

[69 FR 22951, Apr. 27, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
648.80, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 74 FR 17054, Apr. 13, 2009, Sec. 648.80 was 
amended by suspending paragraph (i), effective May 1, 2009 through 
October 28, 2009.



Sec. 648.81  NE multispecies closed areas and measures to protect EFH.

    (a) Closed Area I. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area I (copies 
of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(a)(2) and (i) of this section:

                              Closed Area I
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CI1..............................  41[deg]30[min]      69[deg]23[min]
CI2..............................  40[deg]45[min]      68[deg]45[min]
CI3..............................  40[deg]45[min]      68[deg]30[min]
CI4..............................  41[deg]30[min]      68[deg]30[min]
CI1..............................  41[deg]30[min]      69[deg]23[min]
------------------------------------------------------------------------

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (a)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels:
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish, provided that 
there is no retention of regulated species and no other gear on board 
capable of catching NE multispecies;
    (ii) Fishing with or using pelagic longline gear or pelagic hook-
and-line gear, or harpoon gear, provided that there is no retention of 
regulated species, and provided that there is no other gear on board 
capable of catching NE multispecies;
    (iii) Fishing with pelagic midwater trawl gear, consistent with 
Sec. 648.80(d), provided that the Regional Administrator shall review 
information pertaining to the bycatch of regulated NE multispecies and, 
if the Regional Administrator determines, on the basis of sea sampling 
data or other credible information for this fishery, that the bycatch of 
regulated multispecies exceeds, or is likely to exceed, 1 percent of 
herring and mackerel harvested, by weight, in the fishery or by any 
individual fishing operation, the Regional Administrator may place 
restrictions and conditions in the letter of authorization for any or 
all individual fishing operations or, after consulting with the Council, 
suspend or prohibit any or all midwater trawl activities in the closed 
areas;

[[Page 561]]

    (iv) Fishing with tuna purse seine gear, provided that there is no 
retention of NE multispecies, and provided there is no other gear on 
board gear capable of catching NE multispecies. If the Regional 
Administrator determines through credible information, that tuna purse 
seine vessels are adversely affecting habitat or NE multispecies stocks, 
the Regional Administrator may, through notice action, consistent with 
the Administrative Procedure Act, prohibit individual purse seine 
vessels or all purse seine vessels from the area; or
    (v) Fishing in a SAP, in accordance with the provisions of Sec. 
648.85(b).
    (vi) Fishing for scallops within the Closed Area I Access Area 
defined in Sec. 648.59(b)(3) during the season specified in Sec. 
648.59(b)(4), and pursuant to the provisions specified in Sec. 648.60.
    (b) Closed Area II. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area II 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraph 
(b)(2) of this section:

                             Closed Area II
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
C1I1.............................  41[deg]00[min]      67[deg]20[min]
C1I2.............................  41[deg]00[min]      66[deg]35.8[min]
G5...............................  41[deg]18.6[min]    66[deg]24.8[min]
                                                        \1\
C1I3.............................  42[deg]22[min]      67[deg]20[min]
                                                        \1\
C1I1.............................  41[deg]00[min]      67[deg]20[min]
                                                        \1\
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (b)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels--
    (i) Fishing with gears as described in paragraphs (a)(2)(i) through 
(iii), and (a)(2)(v) of this section;
    (ii) Fishing with tuna purse seine gear outside of the portion of CA 
II known as the Habitat Area of Particular Concern, as described in 
paragraph (h)(1)(v) of this section;
    (iii) Fishing in the CA II Yellowtail Flounder SAP or the Eastern 
U.S./Canada Haddock SAP Pilot Program as specified at Sec. 
648.85(b)(3)(ii) or (b)(8)(ii), respectively; or
    (iv) Transiting the area, provided the vessel's fishing gear is 
stowed in accordance with the provisions of Sec. 648.23(b); and
    (A) The operator has determined, and a preponderance of available 
evidence indicates, that there is a compelling safety reason; or
    (B) The vessel has declared into the Eastern U.S./Canada Area as 
specified in Sec. 648.85(a)(3)(ii) and is transiting CA II in 
accordance with the provisions of Sec. 648.85(a)(3)(vii).
    (C) The vessel has declared into the Eastern U.S./Canada Area as 
specified in Sec. 648.85(a)(3)(viii) and is transiting CA II in 
accordance with the provisions of Sec. 648.85(a)(3)(vii).
    (v) Fishing for scallops within the Closed Area II Access Area 
defined in Sec. 648.59(c)(3), during the season specified in Sec. 
648.59(c)(4), and pursuant to the provisions specified in Sec. 648.60.
    (c) Nantucket Lightship Closed Area. (1) No fishing vessel or person 
on a fishing vessel may enter, fish, or be in the area known as the 
Nantucket Lightship Closed Area (copies of a chart depicting this area 
are available from the Regional Administrator upon request), as defined 
by straight lines connecting the following points in the order stated, 
except as specified in paragraphs (c)(2) and (i) of this section:

                     Nantucket Lightship Closed Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G10..............................  40[deg]50[min]      69[deg]00[min]
CN1..............................  40[deg]20[min]      69[deg]00[min]
CN2..............................  40[deg]20[min]      70[deg]20[min]
CN3..............................  40[deg]5O[min]      70[deg]20[min]
G10..............................  40[deg]50[min]      69[deg]00[min]
------------------------------------------------------------------------

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (c)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels:
    (i) Fishing with gears as described in paragraph (a)(2) of this 
section; or
    (ii) Classified as charter, party or recreational vessel, provided 
that:
    (A) If the vessel is a party or charter vessel, it has a letter of 
authorization issued by the Regional Administrator on board, which is 
valid from the date

[[Page 562]]

of issuance through a minimum duration of 7 days;
    (B) With the exception of tuna, fish harvested or possessed by the 
vessel are not sold or intended for trade, barter or sale, regardless of 
where the regulated species are caught; and
    (C) The vessel has no gear other than rod and reel or handline gear 
on board.
    (D) The vessel does not fish outside the Nantucket Lightship Closed 
Area during the period specified by the letter of authorization; or
    (iii) Fishing with or using dredge gear designed and used to take 
surfclams or ocean quahogs, provided that there is no retention of 
regulated species and no other gear on board capable of catching NE 
multispecies.
    (iv) Fishing for scallops within the Nantucket Lightship Access Area 
defined in Sec. 648.59(d)(3), during the season specified in Sec. 
648.59(d)(4), and pursuant to the provisions specified in Sec. 648.60.
    (d) Cashes Ledge Closure Area. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in, and no fishing gear capable 
of catching NE multispecies, unless otherwise allowed in this part, may 
be in, or on board a vessel in the area known as the Cashes Ledge 
Closure Area, as defined by straight lines connecting the following 
points in the order stated, except as specified in paragraphs (d)(2) and 
(i) of this section (a chart depicting this area is available from the 
Regional Administrator upon request):

                        Cashes Ledge Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CL1..............................  43[deg]07[min]      69[deg]02[min]
CL2..............................  42[deg]49.5[min]    68[deg]46[min]
CL3..............................  42[deg]46.5[min]    68[deg]50.5[min]
CL4..............................  42[deg]43.5[min]    68[deg]58.5[min]
CL5..............................  42[deg]42.5[min]    69[deg]17.5[min]
CL6..............................  42[deg]49.5[min]    69[deg]26[min]
CL1..............................  43[deg]07[min]      69[deg]02[min]
------------------------------------------------------------------------

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (d)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels that meet the 
criteria in paragraphs (f)(2)(ii) and (iii) of this section.
    (e) Western GOM Closure Area. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in, and no fishing gear capable 
of catching NE multispecies, unless otherwise allowed in this part, may 
be in, or on board a vessel in, the area known as the Western GOM 
Closure Area, as defined by straight lines connecting the following 
points in the order stated, except as specified in paragraphs (e)(2) and 
(i) of this section:

                      Western GOM Closure Area \1\
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
WGM1.............................  42[deg]15[min]      70[deg]15[min]
WGM2.............................  42[deg]15[min]      69[deg]55[min]
WGM3.............................  43[deg]15[min]      69[deg]55[min]
WGM4.............................  43[deg]15[min]      70[deg]15[min]
WGM1.............................  42[deg]15[min]      70[deg]15[min]
------------------------------------------------------------------------
\1\ A chart depicting this area is available from the Regional
  Administrator upon request.

    (2) Unless otherwise restricted under paragraph (h) of this section, 
paragraph (e)(1) of this section does not apply to persons on fishing 
vessels or fishing vessels that meet the criteria in paragraphs 
(f)(2)(ii) and (iii) of this section consistent with the requirements 
specified under Sec. 648.80(a)(5).
    (f) GOM Rolling Closure Areas. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in; and no fishing gear capable 
of catching NE multispecies, unless otherwise allowed in this part, may 
be in, or on board a vessel in GOM Rolling Closure Areas I through V, as 
described in paragraphs (f)(1)(i) through (v) of this section, for the 
times specified in paragraphs (f)(1)(i) through (v) of this section, 
except as specified in paragraphs (f)(2) and (i) of this section. A 
chart depicting these areas is available from the Regional Administrator 
upon request.
    (i) Rolling Closure Area I. From March 1 through March 31, the 
restrictions specified in this paragraph (f)(1) apply to Rolling Closure 
Area I, which is the area bounded by straight lines connecting the 
following points in the order stated:

                         Rolling Closure Area I
                           [March 1-March 31]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GM3..............................  42[deg]00[min]      (\1\)
GM5..............................  42[deg]00[min]      68[deg]30[min]
GM6..............................  42[deg]30[min]      68[deg]30[min]
GM23.............................  42[deg]30[min]      70[deg]00[min]
------------------------------------------------------------------------
\1\ Cape Cod shoreline on the Atlantic Ocean.


[[Page 563]]

    (ii) Rolling Closure Area II. From April 1 through April 30, the 
restrictions specified in this paragraph (f)(1)(ii) apply to Rolling 
Closure Area II, which is the area bounded by straight lines connecting 
the following points in the order stated:

                         Rolling Closure Area II
                           [April 1-April 30]
------------------------------------------------------------------------
              Point                      N. Lat.            W. Long.
------------------------------------------------------------------------
GM1                                42[deg]00[min]      (\1\)
GM2                                42[deg]00[min]      (\2\)
GM3                                42[deg]00[min]      (\3\)
GM5                                42[deg]00[min]      68[deg]30[min]
GM13                               43[deg]00[min]      68[deg]30[min]
GM10                               43[deg]00[min]      (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ New Hampshire shoreline.

    (iii) Rolling Closure Area III. From May 1 through May 31, the 
restrictions specified in paragraph (f)(1) of this section apply to 
Rolling Closure Area III, which is the area bounded by straight lines 
connecting the following points in the order stated:

                        Rolling Closure Area III
                             [May 1-May 31]
------------------------------------------------------------------------
              Point                      N. Lat.            W. Long.
------------------------------------------------------------------------
GM1                                42[deg]00[min]      (\1\)
GM2                                42[deg]00[min]      (\2\)
GM3                                42[deg]00[min]      (\3\)
GM4                                42[deg]00[min]      70[deg]00[min]
GM23                               42[deg]30[min]      70[deg]00[min]
GM6                                42[deg]30[min]      68[deg]30[min]
GM14                               43[deg]30[min]      68[deg]30[min]
GM18                               43[deg]30[min]      (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.

    (iv) Rolling Closure Area IV. From June 1 through June 30, the 
restrictions specified in this paragraph (f)(1) apply to Rolling Closure 
Area IV, which is the area bounded by straight lines connecting the 
following points in the order stated:

                         Rolling Closure Area IV
                            [June 1-June 30]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GM9..............................  42[deg]30[min]      (\1\)
GM23.............................  42[deg]30[min]      70[deg]00[min]
GM17.............................  43[deg]30[min]      70[deg]00[min]
GM19.............................  43[deg]30[min]      67[deg]32[min] or
                                                        (\2\)
GM20.............................  44[deg]00[min]      67[deg]21[min] or
                                                        (\2\)
GM21.............................  44[deg]00[min]      69[deg]00[min]
GM22.............................  (\3\)               69[deg]00[min]
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ U.S.-Canada maritime boundary.
\3\ Maine shoreline.

    (v) Rolling Closure Area V. From October 1 through November 30, the 
restrictions specified in this paragraph (f)(1) apply to Rolling Closure 
Area V, which is the area bounded by straight lines connecting the 
following points in the order stated:

                         Rolling Closure Area V
                         [October 1-November 30]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GM1..............................  42[deg]00[min]      (\1\)
GM2..............................  42[deg]00[min]      (\2\)
GM3..............................  42[deg]00[min]      (\3\)
GM4..............................  42[deg]00[min]      70[deg]00[min]
GM8..............................  42[deg]30[min]      70[deg]00[min]
GM9..............................  42[deg]30[min]      (\1\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.

    (2) Paragraph (f)(1) of this section does not apply to persons 
aboard fishing vessels or fishing vessels:
    (i) That have not been issued a multispecies permit and that are 
fishing exclusively in state waters;
    (ii) That are fishing with or using exempted gear as defined under 
this part, subject to the restrictions on midwater trawl gear in 
paragraph (a)(2)(iii) of this section, and excluding pelagic gillnet 
gear capable of catching multispecies, except for vessels fishing with a 
single pelagic gillnet not longer than 300 ft (91.4 m) and not greater 
than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches (7.6 cm), 
provided:
    (A) The net is attached to the boat and fished in the upper two-
thirds of the water column;
    (B) The net is marked with the owner's name and vessel 
identification number;
    (C) There is no retention of regulated species; and
    (D) There is no other gear on board capable of catching NE 
multispecies;
    (iii) That are fishing under charter/party or recreational 
regulations, provided that:
    (A) For vessels fishing under charter/party regulations in a Rolling 
Closure

[[Page 564]]

Area described under paragraph (f)(1) of this section, it has on board a 
letter of authorization issued by the Regional Administrator, which is 
valid from the date of enrollment through the duration of the closure or 
3 months duration, whichever is greater; for vessels fishing under 
charter/party regulations in the Cashes Ledge Closure Area or Western 
GOM Area Closure, as described under paragraph (d) and (e) of this 
section, respectively, it has on board a letter of authorization issued 
by the Regional Administrator, which is valid from the date of 
enrollment until the end of the fishing year;
    (B) With the exception of tuna, fish harvested or possessed by the 
vessel are not sold or intended for trade, barter or sale, regardless of 
where the regulated species are caught;
    (C) The vessel has no gear other than rod and reel or handline on 
board; and
    (D) The vessel does not use any NE multispecies DAS during the 
entire period for which the letter of authorization is valid;
    (iv) That are fishing with or using scallop dredge gear when fishing 
under a scallop DAS or when lawfully fishing in the Scallop Dredge 
Fishery Exemption Area as described in Sec. 648.80(a)(11), provided the 
vessel does not retain any regulated NE multispecies during a trip, or 
on any part of a trip; or
    (v) That are fishing in the Raised Footrope Trawl Exempted Whiting 
Fishery, as specified in Sec. 648.80(a)(15), and in the GOM Rolling 
Closure Area V, as specified in paragraph (f)(1)(v) of this section.
    (g) GB Seasonal Closure Area. (1) From May 1 through May 31, no 
fishing vessel or person on a fishing vessel may enter, fish in, or be 
in, and no fishing gear capable of catching NE multispecies, unless 
otherwise allowed in this part, may be in the area known as the GB 
Seasonal Closure Area, as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(g)(2) and (i) of this section:

                   Georges Bank Seasonal Closure Area
                             [May 1-May 31]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GB1..............................  42[deg]00[min]      (\1\)
GB2..............................  42[deg]00[min]      68[deg]30[min]
GB3..............................  42[deg]20[min]      68[deg]30[min]
GB4..............................  42[deg]20[min]      67[deg]20[min]
GB5..............................  41[deg]30[min]      67[deg]20[min]
CI1..............................  41[deg]30[min]      69[deg]23[min]
CI2..............................  40[deg]45[min]      68[deg]45[min]
CI3..............................  40[deg]45[min]      68[deg]30[min]
GB6..............................  40[deg]30[min]      68[deg]30[min]
GB7..............................  40[deg]30[min]      69[deg]00[min]
G10..............................  40[deg]50[min]      69[deg]00[min]
GB8..............................  40[deg]50[min]      69[deg]30[min]
GB9..............................  41[deg]00[min]      69[deg]30[min]
GB10.............................  41[deg]00[min]      70[deg]00[min]
G12..............................  (\1\)               70[deg] 00[min]
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland MA.

    (2) Paragraph (g)(1) of this section does not apply to persons on 
fishing vessels or to fishing vessels:
    (i) That meet the criteria in paragraphs (f)(2)(i) or (ii) of this 
section;
    (ii) That are fishing as charter/party or recreational vessels;
    (iii) That are fishing with or using scallop dredge gear when 
fishing under a scallop DAS, and provided that the vessel complies with 
the NE multispecies possession restrictions for scallop vessels 
specified at Sec. 648.80(h); or when lawfully fishing in the Scallop 
Dredge Fishery Exemption Areas, as described in paragraphs (a)(11) and 
(18) of this section.
    (h) Essential Fish Habitat Closure Areas. (1) In addition to the 
restrictions under paragraphs (a) through (e) of this section, no 
fishing vessel or person on a fishing vessel with bottom tending mobile 
gear on board the vessel may enter, fish in, or be in the EFH Closure 
Areas described in paragraphs (h)(1)(i) through (vi) of this section, 
unless otherwise specified. A chart depicting these areas is available 
from the Regional Administrator upon request.
    (i) Western GOM Habitat Closure Area. The restrictions specified in 
paragraph (h)(1) of this section apply to the Western GOM Habitat 
Closure Area, which is the area bound by straight lines connecting the 
following points in the order stated:

                    Western GOM Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
WGM4.............................  43[deg]15[min]      70[deg]15[min]
WGM1.............................  42[deg]15[min]      70[deg]15[min]

[[Page 565]]

 
WGM5.............................  42[deg]15[min]      70[deg]00[min]
WGM6.............................  43[deg]15[min]      70[deg]00[min]
WGM4.............................  43[deg]15[min]      70[deg]15[min]
------------------------------------------------------------------------

    (ii) Cashes Ledge Habitat Closure Area. The restrictions specified 
in paragraph (h)(1) of this section apply to the Cashes Ledge Habitat 
Closure Area, which is the area defined by straight lines connecting the 
following points in the order stated:

                    Cashes Ledge Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CLH1.............................  43[deg]01[min]      69[deg]03[min]
CLH2.............................  43[deg]01[min]      68[deg]52[min]
CLH3.............................  42[deg]45[min]      68[deg]52[min]
CLH4.............................  42[deg]45[min]      69[deg]03[min]
CLH1.............................  43[deg]01[min]      69[deg]03[min]
------------------------------------------------------------------------

    (iii) Jeffrey's Bank Habitat Closure Area. The restrictions 
specified in paragraph (h)(1) of this section apply to the Jeffrey's 
Bank Habitat Closure Area, which is the area bound by straight lines 
connecting the following points in the order stated:

                   Jeffrey's Bank Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
JB1..............................  43[deg]40[min]      68[deg]50[min]
JB2..............................  43[deg]40[min]      68[deg]40[min]
JB3..............................  43[deg]20[min]      68[deg]40[min]
JB4..............................  43[deg]20[min]      68[deg]50[min]
JB1..............................  43[deg]40[min]      68[deg]50[min]
------------------------------------------------------------------------

    (iv) Closed Area I Habitat Closure Areas. The restrictions specified 
in paragraph (h)(1) of this section apply to the Closed Area I Habitat 
Closure Areas, Closed Area I-North and Closed Area I-South, which are 
the areas bound by straight lines connecting the following points in the 
order stated:

                Closed Area I--North Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CI1..............................  41[deg]30[min]      69[deg]23[min]
CI4..............................  41[deg]30[min]      68[deg]30[min]
CIH1.............................  41[deg]26[min]      68[deg]30[min]
CIH2.............................  41[deg]04[min]      69[deg]01[min]
CI1..............................  41[deg]30[min]      69[deg]23[min]
------------------------------------------------------------------------


                Closed Area I--South Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CIH3.............................  40[deg]55[min]      68[deg]53[min]
CIH4.............................  40[deg]58[min]      68[deg]30[min]
CI3..............................  40[deg]45[min]      68[deg]30[min]
CI2..............................  40[deg]45[min]      68[deg]45[min]
CIH3.............................  40[deg]55[min]      68[deg]53[min]
------------------------------------------------------------------------

    (v) Closed Area II Habitat Closure Area. The restrictions specified 
in this paragraph (h)(1) apply to the Closed Area II Habitat Closure 
Area (also referred to as the Habitat Area of Particular Concern), which 
is the area bound by straight lines connecting the following points in 
the order stated:

                   Closed Area II Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. Lat.            W. Long.
------------------------------------------------------------------------
CIIH1                              42[deg]10[min]      67[deg]20[min]
CIIH2                              42[deg]10[min]      67[deg]9.3[min]
CIIH3                              42[deg]00[min]      67[deg]0.5[min]
CIIH4                              42[deg]00[min]      67[deg]10[min]
CIIH5                              41[deg]50[min]      67[deg]10[min]
CIIH6                              41[deg]50[min]      67[deg]20[min]
CIIH1                              42[deg]10[min]      67[deg]20[min]
------------------------------------------------------------------------

    (vi) Nantucket Lightship Habitat Closure Area. The restrictions 
specified in paragraph (h)(1) of this section apply to the Nantucket 
Lightship Habitat Closure Area, which is the area bound by straight 
lines connecting the following points in the order stated:

                 Nantucket Lightship Habitat Closed Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
NLH1.............................  41[deg]10[min]      70[deg]00[min]
NLH2.............................  41[deg]10[min]      69[deg]50[min]
NLH3.............................  40[deg]50[min]      69[deg]30[min]
NLH4.............................  40[deg]20[min]      69[deg]30[min]
NLH5.............................  40[deg]20[min]      70[deg]00[min]
NLH1.............................  41[deg]10[min]      70[deg]00[min]
------------------------------------------------------------------------

    (2) [Reserved]
    (i) Transiting. A vessel may transit CA I, the Nantucket Lightship 
Closed Area, the Cashes Ledge Closed Area, the Western GOM Closure Area, 
the GOM Rolling Closure Areas, the GB Seasonal Closure Area, and the EFH 
Closure Areas, as defined in paragraphs (a)(1), (c)(1), (d)(1), (e)(1), 
(f)(1), (g)(1), and (h)(1), respectively, of this section, unless 
otherwise restricted, provided that its gear is stowed in accordance 
with the provisions of Sec. 648.23(b). A vessel may transit CA II, as 
defined in

[[Page 566]]

paragraph (b)(2) of this section, in accordance with paragraph 
(b)(2)(iv) of this section.
    (j) Restricted Gear Area I. (1) Restricted Gear Area I is defined by 
straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 120
   69..........................  40[deg]07.9[min] N.  68[deg]36.0[min]
                                                       W.
   70..........................  40[deg]07.2[min] N.  68[deg]38.4[min]
                                                       W.
   71..........................  40[deg]06.9[min] N.  68[deg]46.5[min]
                                                       W.
   73..........................  40[deg]08.1[min] N.  68[deg]51.0[min]
                                                       W.
   74..........................  40[deg]05.7[min] N.  68[deg]52.4[min]
                                                       W.
   75..........................  40[deg]03.6[min] N.  68[deg]57.2[min]
                                                       W.
   76..........................  40[deg]03.65[min]    69[deg]00.0[min]
                                  N.                   W.
   77..........................  40[deg]04.35[min]    69[deg]00.5[min]
                                  N.                   W.
   78..........................  40[deg]05.2[min] N.  69[deg]00.5[min]
                                                       W.
   79..........................  40[deg]05.3[min] N.  69[deg]01.1[min]
                                                       W.
   80..........................  40[deg]08.9[min] N.  69[deg]01.75[min]
                                                       W.
   81..........................  40[deg]11.0[min] N.  69[deg]03.8[min]
                                                       W.
   82..........................  40[deg]11.6[min] N.  69[deg]05.4[min]
                                                       W.
   83..........................  40[deg]10.25[min]    69[deg]04.4[min]
                                  N.                   W.
   84..........................  40[deg]09.75[min]    69[deg]04.15[min]
                                  N.                   W.
   85..........................  40[deg]08.45[min]    69[deg]03.6[min]
                                  N.                   W.
   86..........................  40[deg]05.65[min]    69[deg]03.55[min]
                                  N.                   W.
   87..........................  40[deg]04.1[min] N.  69[deg]03.9[min]
                                                       W.
   88..........................  40[deg]02.65[min]    69[deg]05.6[min]
                                  N.                   W.
   89..........................  40[deg]02.00[min]    69[deg]08.35[min]
                                  N.                   W.
   90..........................  40[deg]02.65[min]    69[deg]11.15[min]
                                  N.                   W.
   91..........................  40[deg]00.05[min]    69[deg]14.6[min]
                                  N.                   W.
   92..........................  39[deg]57.8[min] N.  69[deg]20.35[min]
                                                       W.
   93..........................  39[deg]56.65[min]    69[deg]24.4[min]
                                  N.                   W.
   94..........................  39[deg]56.1[min] N.  69[deg]26.35[min]
                                                       W.
   95..........................  39[deg]56.55[min]    69[deg]34.1[min]
                                  N.                   W.
   96..........................  39[deg]57.85[min]    69[deg]35.5[min]
                                  N.                   W.
   97..........................  40[deg]00.65[min]    69[deg]36.5[min]
                                  N.                   W.
   98..........................  40[deg]00.9[min] N.  69[deg]37.3[min]
                                                       W.
   99..........................  39[deg]59.15[min]    69[deg]37.3[min]
                                  N.                   W.
   100.........................  39[deg]58.8[min] N.  69[deg]38.45[min]
                                                       W.
   102.........................  39[deg]56.2[min] N.  69[deg]40.2[min]
                                                       W.
   103.........................  39[deg]55.75[min]    69[deg]41.4[min]
                                  N.                   W.
   104.........................  39[deg]56.7[min] N.  69[deg]53.6[min]
                                                       W.
   105.........................  39[deg]57.55[min]    69[deg]54.05[min]
                                  N.                   W.
   106.........................  39[deg]57.4[min] N.  69[deg]55.9[min]
                                                       W.
   107.........................  39[deg]56.9[min] N.  69[deg]57.45[min]
                                                       W.
   108.........................  39[deg]58.25[min]    70[deg]03.0[min]
                                  N.                   W.
   110.........................  39[deg]59.2[min] N.  70[deg]04.9[min]
                                                       W.
   111.........................  40[deg]00.7[min] N.  70[deg]08.7[min]
                                                       W.
   112.........................  40[deg]03.75[min]    70[deg]10.15[min]
                                  N.                   W.
   115.........................  40[deg]05.2[min] N.  70[deg]10.9[min]
                                                       W.
   116.........................  40[deg]02.45[min]    70[deg]14.1[min]
                                  N.                   W.
   119.........................  40[deg]02.75[min]    70[deg]16.1[min]
                                  N.                   W.
to 181
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 69
   120.........................  40[deg]06.4[min] N.  68[deg]35.8[min]
                                                       W.
   121.........................  40[deg]05.25[min]    68[deg]39.3[min]
                                  N.                   W.
   122.........................  40[deg]05.4[min] N.  68[deg]44.5[min]
                                                       W.
   123.........................  40[deg]06.0[min] N.  68[deg]46.5[min]
                                                       W.
   124.........................  40[deg]07.4[min] N.  68[deg]49.6[min]
                                                       W.
   125.........................  40[deg]05.55[min]    68[deg]49.8[min]
                                  N.                   W.
   126.........................  40[deg]03.9[min] N.  68[deg]51.7[min]
                                                       W.
   127.........................  40[deg]02.25[min]    68[deg]55.4[min]
                                  N.                   W.
   128.........................  40[deg]02.6[min] N.  69[deg]00.0[min]
                                                       W.
   129.........................  40[deg]02.75[min]    69[deg]00.75[min]
                                  N.                   W.
   130.........................  40[deg]04.2[min] N.  69[deg]01.75[min]
                                                       W.
   131.........................  40[deg]06.15[min]    69[deg]01.95[min]
                                  N.                   W.
   132.........................  40[deg]07.25[min]    69[deg]02.0[min]
                                  N.                   W.
   133.........................  40[deg]08.5[min] N.  69[deg]02.25[min]
                                                       W.
   134.........................  40[deg]09.2[min] N.  69[deg]02.95[min]
                                                       W.
   135.........................  40[deg]09.75[min]    69[deg]03.3[min]
                                  N.                   W.
   136.........................  40[deg]09.55[min]    69[deg]03.85[min]
                                  N.                   W.
   137.........................  40[deg]08.4[min] N.  69[deg]03.4[min]
                                                       W.
   138.........................  40[deg]07.2[min] N.  69[deg]03.3[min]
                                                       W.
   139.........................  40[deg]06.0[min] N.  69[deg]03.1[min]
                                                       W.
   140.........................  40[deg]05.4[min] N.  69[deg]03.05[min]
                                                       W.
   141.........................  40[deg]04.8[min] N.  69[deg]03.05[min]
                                                       W.
   142.........................  40[deg]03.55[min]    69[deg]03.55[min]
                                  N.                   W.
   143.........................  40[deg]01.9[min] N.  69[deg]03.95[min]
                                                       W.
   144.........................  40[deg]01.0[min] N.  69[deg]04.4[min]
                                                       W.
   146.........................  39[deg]59.9[min] N.  69[deg]06.25[min]
                                                       W.
   147.........................  40[deg]00.6[min] N.  69[deg]10.05[min]
                                                       W.
   148.........................  39[deg]59.25[min]    69[deg]11.15[min]
                                  N.                   W.
   149.........................  39[deg]57.45[min]    69[deg]16.05[min]
                                  N.                   W.
   150.........................  39[deg]56.1[min] N.  69[deg]20.1[min]
                                                       W.
   151.........................  39[deg]54.6[min] N.  69[deg]25.65[min]
                                                       W.
   152.........................  39[deg]54.65[min]    69[deg]26.9[min]
                                  N.                   W.
   153.........................  39[deg]54.8[min] W.  69[deg]30.95[min]
                                                       W.
   154.........................  39[deg]54.35[min]    69[deg]33.4[min]
                                  N.                   W.
   155.........................  39[deg]55.0[min] N.  69[deg]34.9[min]
                                                       W.
   156.........................  39[deg]56.55[min]    69[deg]36.0[min]
                                  N.                   W.
   157.........................  39[deg]57.95[min]    69[deg]36.45[min]
                                  N.                   W.
   158.........................  39[deg]58.75[min]    69[deg]36.3[min]
                                  N.                   W.
   159.........................  39[deg]58.8[min] N.  69[deg]36.95[min]
                                                       W.
   160.........................  39[deg]57.95[min]    69[deg]38.1[min]
                                  N.                   W.
   161.........................  39[deg]54.5[min] N.  69[deg]38.25[min]
                                                       W.
   162.........................  39[deg]53.6[min] N.  69[deg]46.5[min]
                                                       W.
   163.........................  39[deg]54.7[min] N.  69[deg]50.0[min]
                                                       W.
   164.........................  39[deg]55.25[min]    69[deg]51.4[min]
                                  N.                   W.
   165.........................  39[deg]55.2[min] N.  69[deg]53.1[min]
                                                       W.
   166.........................  39[deg]54.85[min]    69[deg]53.9[min]
                                  N.                   W.
   167.........................  39[deg]55.7[min] N.  69[deg]54.9[min]
                                                       W.
   168.........................  39[deg]56.15[min]    69[deg]55.35[min]
                                  N.                   W.
   169.........................  39[deg]56.05[min]    69[deg]56.25[min]
                                  N.                   W.
   170.........................  39[deg]55.3[min] N.  69[deg]57.1[min]
                                                       W.
   171.........................  39[deg]54.8[min] N.  69[deg]58.6[min]
                                                       W.
   172.........................  39[deg]56.05[min]    70[deg]00.65[min]
                                  N.                   W.
   173.........................  39[deg]55.3[min] N.  70[deg]02.95[min]
                                                       W.
   174.........................  39[deg]56.9[min] N.  70[deg]11.3[min]
                                                       W.
   175.........................  39[deg]58.9[min] N.  70[deg]11.5[min]
                                                       W.
   176.........................  39[deg]59.6[min] N.  70[deg]11.1[min]
                                                       W.
   177.........................  40[deg]01.35[min]    70[deg]11.2[min]
                                  N.                   W.
   178.........................  40[deg]02.6[min] N.  70[deg]12.0[min]
                                                       W.
   179.........................  40[deg]00.4[min] N.  70[deg]12.3[min]
                                                       W.
   180.........................  39[deg]59.75[min]    70[deg]13.05[min]
                                  N.                   W.
   181.........................  39[deg]59.3[min] N.  70[deg]14.0[min]
                                                       W.
to 119
------------------------------------------------------------------------

    (2) Restricted Period--(i) Mobile gear. From October 1 through June 
15, no fishing vessel with mobile gear or person on a fishing vessel 
with mobile gear may fish or be in Restricted Gear Area I, unless 
transiting. Vessels may transit this area provided that mobile gear is 
on board the vessel while inside the area, provided that its gear is 
stowed in accordance with the provisions of Sec. 648.23(b).
    (ii) Lobster pot gear. From June 16 through September 30, no fishing 
vessel with lobster pot gear aboard, or person on a fishing vessel with 
lobster pot gear aboard may fish in, and no lobster pot gear may be 
deployed or remain in, Restricted Gear Area I.

[[Page 567]]

    (k) Restricted Gear Area II. (1) Restricted Gear Area II is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 1
   49..........................  40[deg]02.75[min]    70[deg]16.1[min]
                                  N.                   W.
   50..........................  40[deg]00.7[min] N.  70[deg]18.6[min]
                                                       W.
   51..........................  39[deg]59.8[min] N.  70[deg]21.75[min]
                                                       W.
   52..........................  39[deg]59.75[min]    70[deg]25.5[min]
                                  N.                   W.
   53..........................  40[deg]03.85[min]    70[deg]28.75[min]
                                  N.                   W.
   54..........................  40[deg]00.55[min]    70[deg]32.1[min]
                                  N.                   W.
   55..........................  39[deg]59.15[min]    70[deg]34.45[min]
                                  N.                   W.
   56..........................  39[deg]58.9[min] N.  70[deg]38.65[min]
                                                       W.
   57..........................  40[deg]00.1[min] N.  70[deg]45.1[min]
                                                       W.
   58..........................  40[deg]00.5[min] N.  70[deg]57.6[min]
                                                       W.
   59..........................  40[deg]02.0[min] N.  71[deg]01.3[min]
                                                       W.
   60..........................  39[deg]59.3[min] N.  71[deg]18.4[min]
                                                       W.
   61..........................  40[deg]00.7[min] N.  71[deg]19.8[min]
                                                       W.
   62..........................  39[deg]57.5[min] N.  71[deg]20.6[min]
                                                       W.
   63..........................  39[deg]53.1[min] N.  71[deg]36.1[min]
                                                       W.
   64..........................  39[deg]52.6[min] N.  71[deg]40.35[min]
                                                       W.
   65..........................  39[deg]53.1[min] N.  71[deg]42.7[min]
                                                       W.
   66..........................  39[deg]46.95[min]    71[deg]49.0[min]
                                  N.                   W.
   67..........................  39[deg]41.15[min]    71[deg]57.1[min]
                                  N.                   W.
   68..........................  39[deg]35.45[min]    72[deg]02.0[min]
                                  N.                   W.
   69..........................  39[deg]32.65[min]    72[deg]06.1[min]
                                  N.                   W.
   70..........................  39[deg]29.75[min]    72[deg]09.8[min]
                                  N.                   W.
to 48
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 49
   1...........................  39[deg]59.3[min] N.  70[deg]14.0[min]
                                                       W.
   2...........................  39[deg]58.85[min]    70[deg]15.2[min]
                                  N.                   W.
   3...........................  39[deg]59.3[min] N.  70[deg]18.4[min]
                                                       W.
   4...........................  39[deg]58.1[min] N.  70[deg]19.4[min]
                                                       W.
   5...........................  39[deg]57.0[min] N.  70[deg]19.85[min]
                                                       W.
   6...........................  39[deg]57.55[min]    70[deg]21.25[min]
                                  N.                   W.
   7...........................  39[deg]57.5[min] N.  70[deg]22.8[min]
                                                       W.
   8...........................  39[deg]57.1[min] N.  70[deg]25.4[min]
                                                       W.
   9...........................  39[deg]57.65[min]    70[deg]27.05[min]
                                  N.                   W.
   10..........................  39[deg]58.58[min]    70[deg]27.7[min]
                                  N.                   W.
   11..........................  40[deg]00.65[min]    70[deg]28.8[min]
                                  N.                   W.
   12..........................  40[deg]02.2[min] N.  70[deg]29.15[min]
                                                       W.
   13..........................  40[deg]01.0[min] N.  70[deg]30.2[min]
                                                       W.
   14..........................  39[deg]58.58[min]    70[deg]31.85[min]
                                  N.                   W.
   15..........................  39[deg]57.05[min]    70[deg]34.35[min]
                                  N.                   W.
   16..........................  39[deg]56.42[min]    70[deg]36.8[min]
                                  N.                   W.
   21..........................  39[deg]58.15[min]    70[deg]48.0[min]
                                  N.                   W.
   24..........................  39[deg]58.3[min] N.  70[deg]51.1[min]
                                                       W.
   25..........................  39[deg]58.1[min] N.  70[deg]52.25[min]
                                                       W.
   26..........................  39[deg]58.05[min]    70[deg]53.55[min]
                                  N.                   W.
   27..........................  39[deg]58.4[min] N.  70[deg]59.6[min]
                                                       W.
   28..........................  39[deg]59.8[min] N.  71[deg]01.05[min]
                                                       W.
   29..........................  39[deg]58.2[min] N.  71[deg]05.85[min]
                                                       W.
   30..........................  39[deg]57.45[min]    71[deg]12.15[min]
                                  N.                   W.
   31..........................  39[deg]57.2[min] N.  71[deg]15.0[min]
                                                       W.
   32..........................  39[deg]56.3[min] N.  71[deg]18.95[min]
                                                       W.
   33..........................  39[deg]51.4[min] N.  71[deg]36.1[min]
                                                       W.
   34..........................  39[deg]51.75[min]    71[deg]41.5[min]
                                  N.                   W.
   35..........................  39[deg]50.05[min]    71[deg]42.5[min]
                                  N.                   W.
   36..........................  39[deg]50.0[min] N.  71[deg]45.0[min]
                                                       W.
   37..........................  39[deg]48.95[min]    71[deg]46.05[min]
                                  N.                   W.
   38..........................  39[deg]46.6[min] N.  71[deg]46.1[min]
                                                       W.
   39..........................  39[deg]43.5[min] N.  71[deg]49.4[min]
                                                       W.
   40..........................  39[deg]41.3[min] N.  71[deg]55.0[min]
                                                       W.
   41..........................  39[deg]39.0[min] N.  71[deg]55.6[min]
                                                       W.
   42..........................  39[deg]36.72[min]    71[deg]58.25[min]
                                  N.                   W.
   43..........................  39[deg]35.15[min]    71[deg]58.55[min]
                                  N.                   W.
   44..........................  39[deg]34.5[min] N.  72[deg]00.75[min]
                                                       W.
   45..........................  39[deg]32.2[min] N.  72[deg]02.25[min]
                                                       W.
   46..........................  39[deg]32.15[min]    72[deg]04.1[min]
                                  N.                   W.
   47..........................  39[deg]28.5[min] N.  72[deg]06.5[min]
                                                       W.
   48..........................  39[deg]29.0[min] N.  72[deg]09.25[min]
                                                       W.
to 70
------------------------------------------------------------------------

    (2) Restricted period--(i) Mobile gear. From November 27 through 
June 15, no fishing vessel with mobile gear aboard, or person on a 
fishing vessel with mobile gear aboard, may fish or be in Restricted 
Gear Area II, unless transiting. Vessels may transit this area, provided 
that all mobile gear is on board the vessel while inside the area, and 
stowed in accordance with the provisions of Sec. 648.23(b).
    (ii) Lobster pot gear. From June 16 through November 26, no fishing 
vessel with lobster pot gear aboard, or person on a fishing vessel with 
lobster pot gear aboard, may fish in, and no lobster pot gear may be 
deployed or remain in, Restricted Gear Area II.
    (l) Restricted Gear Area III. (1) Restricted Gear Area III is 
defined by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 49
   182.........................  40[deg]05.6[min] N.  70[deg]17.7[min]
                                                       W.
   183.........................  40[deg]06.5[min] N.  70[deg]40.05[min]
                                                       W.
   184.........................  40[deg]11.05[min]    70[deg]45.8[min]
                                  N.                   W.
   185.........................  40[deg]12.75[min]    70[deg]55.05[min]
                                  N.                   W.
   186.........................  40[deg]10.7[min] N.  71[deg]10.25[min]
                                                       W.
   187.........................  39[deg]57.9[min] N.  71[deg]28.7[min]
                                                       W.
   188.........................  39[deg]55.6[min] N.  71[deg]41.2[min]
                                                       W.
   189.........................  39[deg]55.85[min]    71[deg]45.0[min]
                                  N.                   W.
   190.........................  39[deg]53.75[min]    71[deg]52.25[min]
                                  N.                   W.
   191.........................  39[deg]47.2[min] N.  72[deg]01.6[min]
                                                       W.
   192.........................  39[deg]33.65[min]    72[deg]15.0[min]
                                  N.                   W.
to 70
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 182
   49..........................  40[deg]02.75[min]    70[deg]16.1[min]
                                  N.                   W.
   50..........................  40[deg]00.7[min] N.  70[deg]18.6[min]
                                                       W.
   51..........................  39[deg]59.8[min] N.  70[deg]21.75[min]
                                                       W.
   52..........................  39[deg]59.75[min]    70[deg]25.5[min]
                                  N.                   W.
   53..........................  40[deg]03.85[min]    70[deg]28.75[min]
                                  N.                   W.
   54..........................  40[deg]00.55[min]    70[deg]32.1[min]
                                  N.                   W.
   55..........................  39[deg]59.15[min]    70[deg]34.45[min]
                                  N.                   W.
   56..........................  39[deg]58.9[min] N.  70[deg]38.65[min]
                                                       W.
   57..........................  40[deg]00.1[min] N.  70[deg]45.1[min]
                                                       W.
   58..........................  40[deg]00.5[min] N.  70[deg]57.6[min]
                                                       W.
   59..........................  40[deg]02.0[min] N.  71[deg]01.3[min]
                                                       W.
   60..........................  39[deg]59.3[min] N.  71[deg]18.4[min]
                                                       W.
   61..........................  40[deg]00.7[min] N.  71[deg]19.8[min]
                                                       W.
   62..........................  39[deg]57.5[min] N.  71[deg]20.6[min]
                                                       W.
   63..........................  39[deg]53.1[min] N.  71[deg]36.1[min]
                                                       W.
   64..........................  39[deg]52.6[min] N.  71[deg]40.35[min]
                                                       W.
   65..........................  39[deg]53.1[min] N.  71[deg]42.7[min]
                                                       W.
   66..........................  39[deg]46.95[min]    71[deg]49.0[min]
                                  N.                   W.

[[Page 568]]

 
   67..........................  39[deg]41.15[min]    71[deg]57.1[min]
                                  N.                   W.
   68..........................  39[deg]35.45[min]    72[deg]02.0[min]
                                  N.                   W.
   69..........................  39[deg]32.65[min]    72[deg]06.1[min]
                                  N.                   W.
   70..........................  39[deg]29.75[min]    72[deg]09.8[min]
                                  N.                   W.
to 192
------------------------------------------------------------------------

    (2) Restricted period--(i) Mobile gear. From June 16 through 
November 26, no fishing vessel with mobile gear aboard, or person on a 
fishing vessel with mobile gear aboard, may fish or be in Restricted 
Gear Area III, unless transiting. Vessels may transit this area provided 
that all mobile gear is on board the vessel while inside the area, and 
is stowed in accordance with the provisions of Sec. 648.23(b).
    (ii) Lobster pot gear. From January 1 through April 30, no fishing 
vessel with lobster pot gear aboard, or person on a fishing vessel with 
lobster pot gear aboard, may fish in, and no lobster pot gear may be 
deployed or remain in, Restricted Gear Area III.
    (m) Restricted Gear Area IV. (1) Restricted Gear Area IV is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
193............................  40[deg]13.60[min]    68[deg]40.60[min]
                                  N.                   W.
  194..........................  40[deg]11.60[min]    68[deg]53.00[min]
                                  N.                   W.
  195..........................  40[deg]14.00[min]    69[deg]04.70[min]
                                  N.                   W.
  196..........................  40[deg]14.30[min]    69[deg]05.80[min]
                                  N.                   W.
  197..........................  40[deg]05.50[min]    69[deg]09.00[min]
                                  N.                   W.
  198..........................  39[deg]57.30[min]    69[deg]25.10[min]
                                  N.                   W.
  199..........................  40[deg]00.40[min]    69[deg]35.20[min]
                                  N.                   W.
  200..........................  40[deg]01.70[min]    69[deg]35.40[min]
                                  N.                   W.
  201..........................  40[deg]01.70[min]    69[deg]37.40[min]
                                  N.                   W.
  202..........................  40[deg]00.50[min]    69[deg]38.80[min]
                                  N.                   W.
  203..........................  40[deg]01.30[min]    69[deg]45.00[min]
                                  N.                   W.
  204..........................  40[deg]02.10[min]    69[deg]45.00[min]
                                  N.                   W.
  205..........................  40[deg]07.60[min]    70[deg]04.50[min]
                                  N.                   W.
  206..........................  40[deg]07.80[min]    70[deg]09.20[min]
                                  N.                   W.
to 119
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
  69...........................  40[deg]07.90[min]    68[deg]36.00[min]
                                  N.                   W.
  70...........................  40[deg]07.20[min]    68[deg]38.40[min]
                                  N.                   W.
  71...........................  40[deg]06.90[min]    68[deg]46.50[min]
                                  N.                   W.
  72...........................  40[deg]08.70[min]    68[deg]49.60[min]
                                  N.                   W.
  73...........................  40[deg]08.10[min]    68[deg]51.00[min]
                                  N.                   W.
  74...........................  40[deg]05.70[min]    68[deg]52.40[min]
                                  N.                   W.
  75...........................  40[deg]03.60[min]    68[deg]57.20[min]
                                  N.                   W.
  76...........................  40[deg]03.65[min]    69[deg]00.00[min]
                                  N.                   W.
  77...........................  40[deg]04.35[min]    69[deg]00.50[min]
                                  N.                   W.
  78...........................  40[deg]05.20[min]    69[deg]00.50[min]
                                  N.                   W.
  79...........................  40[deg]05.30[min]    69[deg]01.10[min]
                                  N.                   W.
  80...........................  40[deg]08.90[min]    69[deg]01.75[min]
                                  N.                   W.
  81...........................  40[deg]11.00[min]    69[deg]03.80[min]
                                  N.                   W.
  82...........................  40[deg]11.60[min]    69[deg]05.40[min]
                                  N.                   W.
  83...........................  40[deg]10.25[min]    69[deg]04.40[min]
                                  N.                   W.
  84...........................  40[deg]09.75[min]    69[deg]04.15[min]
                                  N.                   W.
  85...........................  40[deg]08.45[min]    69[deg]03.60[min]
                                  N.                   W.
  86...........................  40[deg]05.65[min]    69[deg]03.55[min]
                                  N.                   W.
  87...........................  40[deg]04.10[min]    69[deg]03.90[min]
                                  N.                   W.
  88...........................  40[deg]02.65[min]    69[deg]05.60[min]
                                  N.                   W.
  89...........................  40[deg]02.00[min]    69[deg]08.35[min]
                                  N.                   W.
  90...........................  40[deg]02.65[min]    69[deg]11.15[min]
                                  N.                   W.
  91...........................  40[deg]00.05[min]    69[deg]14.60[min]
                                  N.                   W.
  92...........................  39[deg]57.8[min] N.  69[deg]20.35[min]
                                                       W.
  93...........................  39[deg]56.75[min]    69[deg]24.40[min]
                                  N.                   W.
  94...........................  39[deg]56.50[min]    69[deg]26.35[min]
                                  N.                   W.
  95...........................  39[deg]56.80[min]    69[deg]34.10[min]
                                  N.                   W.
  96...........................  39[deg]57.85[min]    69[deg]35.05[min]
                                  N.                   W.
  97...........................  40[deg]00.65[min]    69[deg]36.50[min]
                                  N.                   W.
  98...........................  40[deg]00.90[min]    69[deg]37.30[min]
                                  N.                   W.
  99...........................  39[deg]59.15[min]    69[deg]37.30[min]
                                  N.                   W.
  100..........................  39[deg]58.80[min]    69[deg]38.45[min]
                                  N.                   W.
  102..........................  39[deg]56.20[min]    69[deg]40.20[min]
                                  N.                   W.
  103..........................  39[deg]55.75[min]    69[deg]41.40[min]
                                  N.                   W.
  104..........................  39[deg]56.70[min]    69[deg]53.60[min]
                                  N.                   W.
  105..........................  39[deg]57.55[min]    69[deg]54.05[min]
                                  N.                   W.
  106..........................  39[deg]57.40[min]    69[deg]55.90[min]
                                  N.                   W.
  107..........................  39[deg]56.90[min]    69[deg]57.45[min]
                                  N.                   W.
  108..........................  39[deg]58.25[min]    70[deg]03.00[min]
                                  N.                   W.
  110..........................  39[deg]59.20[min]    70[deg]04.90[min]
                                  N.                   W.
  111..........................  40[deg]00.70[min]    70[deg]08.70[min]
                                  N.                   W.
  112..........................  40[deg]03.75[min]    70[deg]10.15[min]
                                  N.                   W.
  115..........................  40[deg]05.20[min]    70[deg]10.90[min]
                                  N.                   W.
  116..........................  40[deg]02.45[min]    70[deg]14.1[min]
                                  N.                   W.
  119..........................  40[deg]02.75[min]    70[deg]16.1[min]
                                  N.                   W.
to 206
------------------------------------------------------------------------

    (2) Restricted period--(i) Mobile gear. From June 16 through 
September 30, no fishing vessel with mobile gear aboard, or person on a 
fishing vessel with mobile gear aboard may fish or be in Restricted Gear 
Area IV, unless transiting. Vessels may transit this area, provided that 
all mobile gear is on board the vessel while inside the area, and is 
stowed in accordance with the provisions of Sec. 648.23(b).
    (ii) [Reserved]

[69 FR 22964, Apr. 27, 2004, as amended at 69 FR 35223, June 23, 2004; 
69 FR 63480, Nov. 2, 2004; 69 FR 67798, Nov. 19, 2004; 70 FR 76426, Dec. 
27, 2005; 71 FR 51784, Aug. 31, 2006; 72 FR 73279, Dec. 27, 2007]

    Effective Date Note: At 74 FR 17054, Apr. 13, 2009, Sec. 648.81 was 
amended by suspending paragraph (b)(2)(iv)(B) and adding paragraph 
(b)(2)(iv)(C), effective May 1, 2009 through October 28, 2009.



Sec. 648.82  Effort-control program for NE multispecies limited access 

vessels.

    (a) Except as provided in Sec. Sec. 648.17 and 648.82(a)(2), a 
vessel issued a limited access NE multispecies permit may not fish for, 
possess, or land regulated species, except during a DAS, as allocated 
under, and in accordance with, the applicable DAS program described in 
this section, unless otherwise provided elsewhere in this part.

[[Page 569]]

    (1) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History, as described in Sec. 
648.4(a)(1)(i)(J), for the entire fishing year preceding the carry-over 
year, limited access vessels that have unused DAS on the last day of 
April of any year may carry over a maximum of 10 DAS into the next year. 
Unused leased DAS may not be carried over. Vessels that have been 
sanctioned through enforcement proceedings will be credited with unused 
DAS based on their DAS allocation minus any total DAS that have been 
sanctioned through enforcement proceedings. For the 2004 fishing year 
only, DAS carried over from the 2003 fishing year will be classified as 
Regular B DAS, as specified under paragraph (d)(2) of this section. 
Beginning with the 2005 fishing year, for vessels with a balance of both 
unused Category A DAS and unused Category B DAS at the end of the 
previous fishing year (e.g., for the 2005 fishing year, carry-over DAS 
from the 2004 fishing year), Category A DAS will be carried over first, 
than Regular B DAS, than Reserve B DAS. Category C DAS cannot be carried 
over.
    (2) Notwithstanding any other provision of this part, any vessel 
issued a NE multispecies limited access permit may not call into the DAS 
program or fish under a DAS, if such vessel carries passengers for hire 
for any portion of a fishing trip.
    (b) Permit categories. All limited access NE multispecies permit 
holders shall be assigned to one of the following permit categories, 
according to the criteria specified. Permit holders may request a change 
in permit category, as specified in Sec. 648.4(a)(1)(i)(I)(2). Each 
fishing year shall begin on May 1 and extend through April 30 of the 
following year. Beginning May 1, 2004, with the exception of the limited 
access Small Vessel and Handgear A vessel categories described in 
paragraphs (b)(5) and (6) of this section, respectively, NE multispecies 
DAS available for use will be calculated pursuant to paragraphs (c) and 
(d) of this section.
    (1) Individual DAS category. This category is for vessels allocated 
individual DAS that are not fishing under the Hook Gear, Combination, or 
Large-mesh individual categories. Beginning May 1, 2004, for a vessel 
fishing under the Individual DAS category, the baseline for determining 
the number of NE multispecies DAS available for use shall be calculated 
based upon the fishing history associated with the vessel's permit, as 
specified in paragraph (c)(1) of this section. The number and categories 
of DAS that are allocated for use in a given fishing year are specified 
in paragraph (d) of this section.
    (2) Hook Gear category. To be eligible for a Hook Gear category 
permit, the vessel must have been issued a limited access multispecies 
permit for the preceding year, be replacing a vessel that was issued a 
Hook Gear category permit for the preceding year, or be replacing a 
vessel that was issued a Hook Gear category permit that was issued a 
Confirmation of Permit History. Beginning May 1, 2004, for a vessel 
fishing under the Hook Gear category, the baseline for determining the 
number of NE multispecies DAS available for use shall be calculated 
based upon the fishing history associated with the vessel's permit, as 
specified in paragraph (c)(1) of this section. The number and categories 
of DAS that are allocated for use in a given fishing year are specified 
in paragraph (d) of this section. A vessel fishing under this category 
in the DAS program must meet or comply with the gear restrictions 
specified under Sec. 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v) and 
(c)(2)(iv) when fishing in the respective regulated mesh areas.
    (3) Combination vessel category. To be eligible for a Combination 
vessel category permit, a vessel must have been issued a Combination 
vessel category permit for the preceding year, be replacing a vessel 
that was issued a Combination vessel category permit for the preceding 
year, or be replacing a vessel that was issued a Combination vessel 
category permit that was also issued a Confirmation of Permit History. 
Beginning May 1, 2004, for a vessel fishing under the Combination vessel 
category, the baseline for determining the number of NE multispecies DAS 
available for use shall be calculated based upon the fishing history 
associated with the vessel's permit, as specified in paragraph (c)(1) of 
this section. The number

[[Page 570]]

and categories of DAS that are allocated for use in a given fishing year 
are specified in paragraph (d) of this section.
    (4) Large Mesh Individual DAS category. This category is for vessels 
allocated individual DAS that area not fishing under the Hook Gear, 
Combination, or Individual DAS categories. Beginning May 1, 2004, for a 
vessel fishing under the Large Mesh Individual DAS category, the 
baseline for determining the number of NE multispecies DAS available for 
use shall be calculated based upon the fishing history associated with 
the vessel's permit, as specified in paragraph (c)(1) of this section. 
The number and categories of DAS that are allocated for use in a given 
fishing year are specified in paragraph (d) of this section. The number 
of Category A DAS shall be increased by 36 percent. To be eligible to 
fish under the Large Mesh Individual DAS category, a vessel, while 
fishing under this category, must fish under the specific regulated mesh 
area minimum mesh size restrictions, as specified in Sec. 
648.80(a)(3)(iii), (a)(4)(iii), (b)(2)(iii), and (c)(2)(ii).
    (5) Small Vessel category--(i) DAS allocation. A vessel qualified 
and electing to fish under the Small Vessel category may retain up to 
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder, combined, 
and one Atlantic halibut per trip, without being subject to DAS 
restrictions, provided the vessel does not exceed the yellowtail 
flounder possession restrictions specified under Sec. 648.86(g). Such 
vessel is not subject to a possession limit for other NE multispecies. 
Any vessel may elect to switch into this category, as provided in Sec. 
648.4(a)(1)(i)(I)(2), if the vessel meets or complies with the 
following:
    (A) The vessel is 30 ft (9.1 m) or less in length overall, as 
determined by measuring along a horizontal line drawn from a 
perpendicular raised from the outside of the most forward portion of the 
stem of the vessel to a perpendicular raised from the after most portion 
of the stern.
    (B) If construction of the vessel was begun after May 1, 1994, the 
vessel must be constructed such that the quotient of the length overall 
divided by the beam is not less than 2.5.
    (C) Acceptable verification for vessels 20 ft (6.1 m) or less in 
length shall be USCG documentation or state registration papers. For 
vessels over 20 ft (6.1 m) in length overall, the measurement of length 
must be verified in writing by a qualified marine surveyor, or the 
builder, based on the vessel's construction plans, or by other means 
determined acceptable by the Regional Administrator. A copy of the 
verification must accompany an application for a NE multispecies permit.
    (D) Adjustments to the Small Vessel category requirements, including 
changes to the length requirement, if required to meet fishing mortality 
goals, may be made by the Regional Administrator following framework 
procedures of Sec. 648.90.
    (ii) [Reserved]
    (6) Handgear A category. A vessel qualified and electing to fish 
under the Handgear A category, as described in Sec. 648.4(a)(1)(i)(A), 
may retain, per trip, up to 300 lb (136.1 kg) of cod, one Atlantic 
halibut, and the daily possession limit for other regulated species as 
specified under Sec. 648.86. The cod trip limit will be adjusted 
proportionally to the trip limit for GOM cod (rounded up to the nearest 
50 lb (22.7 kg)), as specified in Sec. 648.86(b)). For example if the 
GOM cod trip limit specified at Sec. 648.86(b) doubled, then the cod 
trip limit for the Handgear A category would double. Qualified vessels 
electing to fish under the Handgear A category are subject to the 
following restrictions:
    (i) The vessel must not use or possess on board gear other than 
handgear while in possession of, fishing for, or landing NE 
multispecies, and must have at least one standard tote on board.
    (ii) A vessel may not fish for, possess, or land regulated species 
from March 1 through March 20 of each year.
    (iii) Tub-trawls must be hand-hauled only, with a maximum of 250 
hooks.
    (c) Used DAS baseline--(1) Calculation of used DAS baseline. For all 
valid limited access NE multispecies DAS vessels, vessels issued a valid 
small vessel category permit, and NE multispecies Confirmation of Permit 
Histories, beginning with the 2004 fishing year, a vessel's used DAS 
baseline shall be

[[Page 571]]

based on the fishing history associated with its permit and shall be 
determined by the highest number of reported DAS fished during a single 
qualifying fishing year, as specified in paragraphs (c)(1)(i) through 
(iv) of this section, during the 6-year period from May 1, 1996, through 
April 30, 2002, not to exceed the vessel's annual allocation prior to 
August 1, 2002. A qualifying year is one in which a vessel landed 5,000 
lb (2,268 kg) or more of regulated multispecies, based upon landings 
reported through dealer reports (based on live weights of landings 
submitted to NMFS prior to April 30, 2003). If a vessel that was 
originally issued a limited access NE multispecies permit was lawfully 
replaced in accordance with the replacement restrictions specified in 
Sec. 648.4(a), then the used DAS baseline shall be defined based upon 
the DAS used by the original vessel and by subsequent vessel(s) 
associated with the permit during the qualification period specified in 
this paragraph (c)(1). The used DAS baseline shall be used to calculate 
the number and category of DAS that are allocated for use in a given 
fishing year, as specified in paragraph (d) of this section.
    (i) Except as provided in paragraphs (c)(1)(ii) through (iv) of this 
section, the vessel's used DAS baseline shall be determined by 
calculating DAS use reported under the DAS notification requirements in 
Sec. 648.10.
    (ii) For a vessel exempt from, or not subject to, the DAS 
notification system specified in Sec. 648.10 during the period May 1996 
through June 1996, the vessel's used DAS baseline for that period will 
be determined by calculating DAS use from vessel trip reports submitted 
to NMFS prior to April 9, 2003.
    (iii) For a vessel enrolled in a Large Mesh DAS category, as 
specified in paragraph (b)(4) of this section, the calculation of the 
vessel's used DAS baseline may not include any DAS allocated or used by 
the vessel pursuant to the provisions of the Large Mesh DAS category.
    (2) Correction of used DAS baseline. (i) A vessel's used DAS 
baseline, as determined under paragraph (c)(1) of this section, may be 
corrected by submitting a written request to correct the DAS baseline. 
The request to correct must be received by the Regional Administrator no 
later than August 31, 2004. The request to correct must be in writing 
and provide credible evidence that the information used by the Regional 
Administrator in making the determination of the vessel's DAS baseline 
was based on incorrect data. The decision on whether to correct the DAS 
baseline shall be determined solely on the basis of written information 
submitted, unless the Regional Administrator specifies otherwise. The 
Regional Administrator's decision on whether to correct the DAS baseline 
is the final decision of the Department of Commerce.
    (ii) Status of vessel's pending request for a correction of used DAS 
baseline. While a vessel's request for a correction is under 
consideration by the Regional Administrator, the vessel is limited to 
fishing the number of DAS allocated in accordance with paragraph (d) of 
this section.
    (d) DAS categories and allocations. For all valid limited access NE 
multispecies DAS permits, and NE multispecies Confirmation of Permit 
Histories, beginning with the 2004 fishing year, DAS shall be allocated 
and available for use for a given fishing year according to the 
following DAS Categories (unless otherwise specified, ``NE multispecies 
DAS'' refers to any authorized category of DAS):
    (1) Category A DAS. Unless determined otherwise, as specified under 
paragraph (d)(4) of this section, calculation of Category A DAS for each 
fishing year is specified in paragraphs (d)(1)(i) through (iii) of this 
section. An additional 36 percent of Category A DAS will be added and 
available for use for participants in the Large Mesh Individual DAS 
permit category, as described in paragraph (b)(4) of this section, 
provided the participants comply with the applicable gear restrictions. 
Category A DAS may be used in the NE multispecies fishery to harvest and 
land regulated multispecies stocks, in accordance with all of the 
conditions and restrictions of this part.
    (i) For the 2004 and 2005 fishing years, Category A DAS are defined 
as 60 percent of the vessel's used DAS baseline specified under 
paragraph (c)(1) of this section.

[[Page 572]]

    (ii) For the 2006 through 2008 fishing years, Category A DAS are 
defined as 55 percent of the vessel's used DAS baseline specified under 
paragraph (c)(1) of this section.
    (iii) Starting in fishing year 2009, Category A DAS are defined as 
45 percent of the vessel's used DAS baseline specified under paragraph 
(c)(1) of this section.
    (2) Category B DAS. Category B DAS are divided into Regular B DAS 
and Reserve B DAS. Calculation of Category B DAS for each fishing year, 
and restrictions on use of Category B DAS, are specified in paragraphs 
(d)(2)(i) and (ii) of this section.
    (i) Regular B DAS--(A) Restrictions on use. Regular B DAS can only 
be used by NE multispecies vessels in an approved SAP or in the Regular 
B DAS Program as specified in Sec. 648.85(b)(6). Unless otherwise 
restricted under the Regular B DAS Program as described in Sec. 
648.85(b)(6)(i), vessels may fish under both a Regular B DAS and a 
Reserve B DAS on the same trip (i.e., when fishing in an approved SAP as 
described in Sec. 648.85(b)). Vessels that are required by the Monkfish 
Fishery Management Plan to utilize a NE multispecies DAS, as specified 
under Sec. 648.92(b)(2), may not elect to use a NE multispecies 
Category B DAS to satisfy that requirement.
    (B) Calculation. Unless determined otherwise, as specified under 
paragraph (d)(4) of this section, Regular B DAS are calculated as 
follows:
    (1) For the 2004 and 2005 fishing years, Regular B DAS are defined 
as 20 percent of the vessel's DAS baseline specified under paragraph 
(c)(1) of this section.
    (2) For the 2006 through 2008 fishing years, Regular B DAS are 
defined as 22.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(1) of this section.
    (3) Starting in fishing year 2009, and thereafter, Regular B DAS are 
defined as 27.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(1) of this section.
    (ii) Reserve B DAS--(A) Restrictions on use. Reserve B DAS can only 
be used in an approved SAP, as specified in Sec. 648.85.
    (B) Calculation. Unless determined otherwise, as specified under 
paragraph (d)(4) of this section, Reserve B DAS are calculated as 
follows:
    (1) For the 2004 and 2005 fishing years, Reserve B DAS are defined 
as 20 percent of the vessel's DAS baseline specified under paragraph 
(c)(1) of this section.
    (2) For the 2006 through 2008 fishing years, Reserve B DAS are 
defined as 22.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(1) of this section.
    (3) Starting in fishing year 2009, and thereafter, Reserve B DAS are 
defined as 27.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(1) of this section.
    (3) Category C DAS--(i) Restriction on use. Category C DAS are 
reserved and may not be fished.
    (ii) Calculation. Category C DAS are defined as the difference 
between a vessel's used DAS baseline, as described in paragraph (c)(1) 
of this section, and the number of DAS allocated to the vessel as of May 
1, 2001.
    (4) Criteria and procedure for not reducing DAS allocations. The 
schedule of reductions in NE multispecies DAS shall not occur if the 
Regional Administrator:
    (i) Determines that one of the following criteria has been met:
    (A) That the Amendment 13 projected target biomass levels for stocks 
targeted by the default measures, based on the 2005 and 2008 stock 
assessments, have been or are projected to be attained with at least a 
50-percent probability in the 2006 and 2009 fishing years, respectively, 
and overfishing is not occurring on those stocks (i.e., current 
information indicates that the stocks are rebuilt and overfishing is not 
occurring); or
    (B) That biomass projections, based on the 2005 and 2008 stock 
assessments, show that rebuilding will occur by the end of the 
rebuilding period with at least a 50-percent probability, and the best 
available estimate of the fishing mortality rate for the stocks targeted 
by the default measures indicates that

[[Page 573]]

overfishing is not occurring (i.e., current information indicates that 
rebuilding will occur by the end of the rebuilding period and the 
fishing mortality rate is at or below Fmsy).
    (ii) Determines that all other stocks meet the fishing mortality 
rates specified in Amendment 13; and
    (iii) Publishes such determination in the Federal Register, 
consistent with Administrative Procedure Act requirements for proposed 
and final rulemaking.
    (e) Accrual of DAS. (1) When a vessel is participating in the DAS 
program, as required by the regulations, DAS shall accrue to the nearest 
minute and, with the exceptions described under this paragraph (e) and 
paragraph (j)(1)(iii) of this section, shall be counted as actual time 
called, or logged into the DAS program, consistent with the DAS 
notification requirements specified at Sec. 648.10.
    (2) Differential DAS. For a NE multispecies DAS vessel that intends 
to fish some or all of its trip, or fishes, some or all of its trip 
other than for transiting purposes, under a Category A DAS in the GOM 
Differential DAS Area, as defined in paragraph (e)(2)(i)(A) of this 
section, or in the SNE Differential DAS Area, as defined in paragraph 
(e)(2)(i)(B) of this section, with the exception of Day gillnet vessels, 
which accrue DAS in accordance with paragraph (j)(1)(iii) of this 
section, each Category A DAS, or part thereof, shall be counted at the 
differential DAS rate described in paragraph (e)(2)(iii) of this 
section, and be subject to the restrictions defined in this paragraph 
(e).
    (i) Differential DAS Areas. (A) GOM Differential DAS Area. The GOM 
Differential DAS Area is defined by straight lines connecting the 
following points in the order stated:

                        GOM Differential DAS Area
------------------------------------------------------------------------
             Point               N. lat.              W. long.
------------------------------------------------------------------------
GMD1..........................  43[deg]30  Intersection with Maine
                                    [min]   Coastline.
GMD2..........................  43[deg]30  69[deg]30[min].
                                    [min]
GMD3..........................  43[deg]00  69[deg]30[min].
                                    [min]
GMD4..........................  43[deg]00  69[deg]55[min] eastern
                                    [min]   boundary, WGOM Closed Area.
GMD5..........................  42[deg]30  69[deg]55[min].
                                    [min]
GMD6..........................  42[deg]30  69[deg]30[min].
                                   [min]'
GMD7..........................  41[deg]30  69[deg]30[min].
                                    [min]
GMD8..........................  41[deg]30  70[deg]00[min].
                                    [min]
GMD9..........................    North to intersection with Cape Cod,
                                 Massachusetts, coast and 70[deg]00[min]
                                                   W.
------------------------------------------------------------------------

    (B) SNE Differential DAS Area. The SNE Differential DAS Area is 
defined by straight lines connecting the following points in the order 
stated:

                        SNE Differential DAS Area
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
SNED1.............................................  41[deg]05  71[deg]45
                                                        [min]      [min]
SNED2.............................................  41[deg]05  70[deg]00
                                                        [min]      [min]
SNED3.............................................  41[deg]00  70[deg]00
                                                        [min]      [min]
SNED4.............................................  41[deg]00  69[deg]30
                                                        [min]      [min]
SNED5.............................................  40[deg]50  69[deg]30
                                                        [min]      [min]
SNED6.............................................  40[deg]50  70[deg]20
                                                        [min]      [min]
SNED7.............................................  40[deg]40  70[deg]20
                                                        [min]      [min]
SNED8.............................................  40[deg]40  70[deg]30
                                                        [min]      [min]
SNED9.............................................  40[deg]30  72[deg]30
                                                        [min]      [min]
SNED10............................................  40[deg]10  73[deg]00
                                                        [min]      [min]
SNED11............................................  40[deg]00  73[deg]15
                                                        [min]      [min]
SNED12............................................  40[deg]00  73[deg]40
                                                        [min]      [min]
SNED13............................................  40[deg]15  73[deg]40
                                                        [min]      [min]
SNED14............................................  40[deg]30  73[deg]00
                                                        [min]      [min]
SNED15............................................  40[deg]55  71[deg]45
                                                        [min]      [min]
SNED16............................................  41[deg]05  71[deg]45
                                                        [min]      [min]
------------------------------------------------------------------------

    (ii) Declaration. With the exception of vessels fishing in the 
Eastern U.S./Canada Area, as described in Sec. 648.85(a)(3)(ii)(A), a 
NE multispecies DAS vessel that intends to fish, or fishes under a 
Category A DAS in the GOM Differential DAS Area or the SNE Differential 
DAS Area, as described in paragraph (e)(2)(i) of this section, must, 
prior to leaving the dock, declare through the VMS, in accordance with 
instructions to be provided by the Regional Administrator, which 
specific differential DAS area the vessel will fish in on that trip. A 
DAS vessel that fishes in the Eastern U.S./Canada Area and intends to 
fish, or fishes, subsequently in the GOM Differential DAS Area or the 
SNE Differential DAS Area under Category A DAS Area must declare its 
intention to do so through its VMS prior to leaving the Eastern U.S./
Canada Area, as specified in Sec. 648.85(a)(3)(ii)(A)(3).
    (iii) Differential DAS counting--(A) Differential DAS counting when 
fishing in the GOM Differential DAS Area. For a NE multispecies vessel 
that intends to fish, or fishes for some or all of its trip other than 
for transiting purposes under a Category A DAS in the GOM

[[Page 574]]

Differential DAS Area, each Category A DAS, or part thereof, shall be 
counted at the ratio of 2 to1 for the entire trip, even if only a 
portion of the trip is spent fishing in the GOM Differential DAS Area. A 
vessel that has not declared its intent to fish in the GOM Differential 
DAS Area and that is not transiting, as specified in paragraph (e)(2)(v) 
of this section, may be in the GOM Differential DAS Area, provided the 
vessel's fishing gear is stowed in accordance with the provisions of 
Sec. 648.23(b) for the entire time the vessel is in the area, and the 
vessel declares immediately upon entering the GOM Differential DAS Area, 
via VMS, that it is in the area. A vessel that fishes in both the GOM 
Differential Area and the SNE Differential DAS Area on the same trip 
will be charged DAS at the rate of 2 to1 for the entire trip.
    (B) Differential DAS counting when fishing in the SNE Differential 
DAS Area. For NE multispecies DAS vessels that intend to fish, or do 
fish, some or all of their trip under a Category A DAS in the SNE 
Differential DAS Area, other than for transiting purposes, each Category 
A DAS, or part thereof, shall be counted at the ratio of 2 to 1 for the 
duration of the time spent in the SNE Differential DAS Area, as 
determined from VMS positional data. A vessel that has not declared its 
intent to fish in the SNE Differential DAS Area, and that is not 
transiting, as specified in paragraph (e)(2)(v) of this section, may be 
in the SNE Differential DAS Area, provided the vessel's fishing gear is 
stowed in accordance with the provisions of Sec. 648.23(b) for the 
entire time the vessel is in the area and the vessel declares 
immediately upon entering the SNE Differential DAS Area, via VMS, that 
it is in the area. A vessel that fishes in both the GOM Differential 
Area and the SNE Differential DAS Area on the same trip will be charged 
DAS at the rate of 2:1 for the entire trip. If the Regional 
Administrator requires the use of the DAS call-in, as described under 
Sec. 648.10(e)(2)(iv), a vessel that fishes any portion of its trip in 
the SNE Differential DAS Area will be charged DAS at the rate of 2 to 1 
for the entire trip.
    (iv) Restrictions. A NE multispecies vessel fishing under a Category 
A DAS in one of the Differential DAS Areas defined in paragraph 
(e)(2)(i) of this section, under the restrictions of paragraph (e)(2) of 
this section and under the restrictions of one or more of the Special 
Management Programs under Sec. 648.85 must comply with the most 
restrictive DAS counting, trip limits, and reporting requirements, 
specified in this paragraph (e)(2) and in Sec. 648.85, under the 
pertinent Special Management Program.
    (v) Transiting. A vessel may transit the GOM Differential DAS Area 
and the SNE Differential DAS Area, as defined in paragraph (e)(2)(i) of 
this section, provided the gear is stowed in accordance with the 
provisions of Sec. 648.23(b).
    (3) Regular B DAS Program 24-hr clock. For a vessel electing to fish 
in the Regular B DAS Program, as specified at Sec. 648.85(b)(6), that 
remains fishing under a Regular B DAS for the entire fishing trip 
(without a DAS flip), DAS shall accrue at the rate of 1 full DAS for 
each calendar day, or part of a calendar day fished. For example, a 
vessel that fished on 1 calendar day from 6 a.m. to 10 p.m. would be 
charged 24 hr of Regular B DAS, not 16 hr; a vessel that left on a trip 
at 11 p.m. on the first calendar day and returned at 10 p.m. on the 
second calendar day would be charged 48 hr of Regular B DAS instead of 
23 hr, because the fishing trip would have spanned 2 calendar days. For 
the purpose of calculating trip limits specified under Sec. 648.86, the 
amount of DAS deducted from a vessel's DAS allocation shall determine 
the amount of fish the vessel can land legally. For a vessel electing to 
fish in the Regular B DAS Program, as specified at Sec. 648.85(b)(6), 
while also fishing in one of the Differential DAS Areas, defined in 
paragraph (e)(2)(i) of this section, Category B DAS shall accrue at the 
rate described in this paragraph (e)(3), unless the vessel flips to a 
Category A DAS, in which case the vessel is subject to the pertinent DAS 
accrual restrictions of paragraph (e)(2)(iii) of this section for the 
entire trip. For vessels electing to fish in both the Regular B DAS 
Program, as specified in Sec. 648.85(b)(8), and in the Eastern U.S./
Canada Area, as specified in Sec. 648.85(a), DAS counting will begin 
and end according to the

[[Page 575]]

DAS rules specified in Sec. 648.10(e)(2)(iii) or (e)(2)(iv).
    (4) Differential DAS. For a NE multispecies DAS vessel that intends 
to fish some or all of its trip, or fishes some or all of its trip other 
than for transiting purposes, under a Category A DAS in one or both of 
the differential DAS areas, as defined in paragraphs (e)(4)(i)(A) and 
(B) of this section, with the exception of Day gillnet vessels, which 
accrue DAS in accordance with paragraph (j)(1)(iii) of this section, 
each Category A DAS, or part thereof, shall be counted at the 
differential DAS rate described in paragraph (e)(4)(iii) of this 
section, and be subject to the restrictions defined in this paragraph 
(e).
    (i) Differential DAS Areas.--(A) GOM Differential DAS Area. The GOM 
Differential DAS Area is defined by straight lines connecting the 
following points in the order stated:

------------------------------------------------------------------------
              Point                    N. lat.             W. long.
------------------------------------------------------------------------
GMD1............................  43[deg]30[min]...  Intersection with
                                                      Maine Coastline.
GMD2............................  43[deg]30[min]...  69[deg]30[min].
GMD3............................  43[deg]00[min]...  69[deg]30[min].
GMD4............................  43[deg]00[min]...  69[deg]55[min]
                                                      eastern boundary,
                                                      WGOM Closed Area.
GMD5............................  42[deg]30[min]...  69[deg]55[min].
GMD6............................  42[deg]30[min]...  69[deg]30[min].
GMD7............................  41[deg]30[min]...  69[deg]30[min].
GMD8............................  41[deg]30[min]...  70[deg]00[min].
                                 ---------------------------------------
GMD9............................   North to intersection with Cape Cod,
                                          Massachusetts, coast and
                                             70[deg]00[sec] W.
------------------------------------------------------------------------

    (B) Interim SNE Differential DAS Area. The Interim SNE Differential 
DAS Area is defined by straight lines connecting the following points in 
the order stated (a chart depicting this area is available from the 
Regional Administrator upon request):

                    Interim SNE Differential DAS Area
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
SNECA1........................................        (\1\)  70[deg]00[m
                                                                     in]
SNECA2........................................  41[deg]30[m  70[deg]00[m
                                                        in]          in]
SNECA3........................................  41[deg]30[m  68[deg]50[m
                                                        in]          in]
SNECA4........................................  40[deg]30[m  68[deg]50[m
                                                        in]          in]
SNECA5........................................  40[deg]30[m        (\2\)
                                                        in]
------------------------------------------------------------------------
\1\ Intersection of the shoreline of Cape Cod, Massachusetts, and
  70[deg]00[min] W. long.
\2\ Intersection of the shoreline of Staten Island, New York, and
  40[deg]30[min] N. lat.

    (ii) Declaration. A NE multispecies DAS vessel that intends to fish, 
or fishes under a Category A DAS in one of the differential DAS areas 
described in paragraph (e)(4)(i) of this section, must, prior to leaving 
the dock, declare through the VMS, in accordance with instructions to be 
provided by the Regional Administrator, that the vessel will fish in the 
GOM Differential DAS Area, the Interim SNE Differential DAS Area, or 
both areas. A DAS vessel that fishes in the Eastern U.S./Canada Area and 
intends to fish, or fishes, subsequently in one or both of the 
differential DAS areas under a Category A DAS, must declare its 
intention to do so through its VMS prior to leaving the dock at the 
start of the trip, or prior to leaving the Eastern U.S./Canada Area, as 
specified in Sec. 648.85(a)(3)(viii)(A)(3).
    (iii) Differential DAS counting--(A) Differential DAS counting when 
fishing in the GOM Differential DAS Area. For a NE multispecies vessel 
that intends to fish, or fishes for some or all of its trip other than 
for transiting purposes under a Category A DAS in the GOM Differential 
DAS Area, each Category A DAS, or part thereof, shall be counted at the 
ratio of 2 to 1 for the entire trip, even if only a portion of the trip 
is spent fishing in the GOM Differential DAS Area. A vessel that has not 
declared its intent to fish in the GOM Differential DAS Area and that is 
not transiting, as specified in paragraph (e)(4)(v) of this section, may 
be in the GOM Differential DAS Area, provided the vessel's fishing gear 
is stowed in accordance with the provisions of Sec. 648.23(b) for the 
entire time the vessel is in the area, and the vessel declares 
immediately upon entering the GOM Differential DAS Area, via VMS, that 
it is in the area. A vessel that fishes in both the GOM Differential 
Area and the Interim SNE Differential DAS Area on the same trip will be 
charged DAS at the rate of 2:1 for the entire trip.
    (B) Differential DAS counting when fishing in the Interim SNE 
Differential DAS Area. With the exception of a vessel fishing with hook 
gear, a NE multispecies DAS vessel that intends to fish or fishes some 
or all of its trip other than for transiting purposes under a Category A 
DAS in the Interim SNE Differential DAS Area shall have each Category A 
DAS, or part thereof,

[[Page 576]]

counted at the ratio of 2 to 1 for the entire trip, even if only a 
portion of the trip is spent fishing in the Interim SNE Differential DAS 
Area. Unless otherwise specified in paragraph (e)(4)(iii) of this 
section, a NE multispecies DAS vessel fishing with hook gear that 
intends to fish or fishes some or all of its trip other than for 
transiting purposes under a Category A DAS in the Interim SNE 
Differential DAS Area shall have each Category A DAS, or part thereof, 
counted at the ratio of 1 to 1 for the entire trip. A vessel that has 
not declared its intent to fish in the Interim SNE Differential DAS Area 
and that is not transiting, as specified in paragraph (e)(4)(v) of this 
section, may be in the Interim SNE Differential DAS Area, provided the 
vessel's fishing gear is stowed in accordance with the provisions of 
Sec. 648.23(b) for the entire time the vessel is in the area and the 
vessel declares immediately upon entering the Interim SNE Differential 
DAS Area, via VMS, that it is in the area. A vessel that fishes in both 
the GOM Differential Area and the Interim SNE Differential DAS Area on 
the same trip will be charged DAS at the rate of 2:1 for the entire 
trip.
    (iv) Restrictions. A NE multispecies vessel fishing under a Category 
A DAS in one or both of the differential DAS areas defined in paragraph 
(e)(4)(i) of this section, under the restrictions of this paragraph 
(e)(4) and under the restrictions of one or more of the Special 
Management Programs under Sec. 648.85, must comply with the most 
restrictive DAS counting, trip limits, and reporting requirements, 
specified in this paragraph (e)(4) and in Sec. 648.85, under the 
pertinent Special Management Program.
    (v) Transiting. A vessel may transit either one or both of the 
differential DAS areas, as defined in paragraph (e)(4)(i) of this 
section, provided the gear is stowed in accordance with the provisions 
of Sec. 648.23(b).
    (5) Regular B DAS Program 24-hr clock. For a vessel electing to fish 
in the Regular B DAS Program, as specified at Sec. 648.85(b)(10), and 
that remains fishing under a Regular B DAS for the entire fishing trip 
(without a DAS flip), DAS used shall accrue at the rate of 1 full DAS 
for each calendar day, or part of a calendar day fished. For example, a 
vessel that fished on one calendar day from 6 a.m. to 10 p.m. would be 
charged 24 hr of Regular B DAS, not 16 hr; a vessel that left on a trip 
at 11 p.m. on the first calendar day and returned at 10 p.m. on the 
second calendar day would be charged 48 hr of Regular B DAS instead of 
23 hr, because the fishing trip would have spanned 2 calendar days. For 
the purpose of calculating trip limits specified under Sec. 648.86, the 
amount of DAS deducted from a vessel's DAS allocation shall determine 
the amount of fish the vessel can legally land. For a vessel electing to 
fish in the Regular B DAS Program, as specified at Sec. 648.85(b)(10), 
while also fishing in one or both of the differential DAS areas defined 
in paragraph (e)(4) of this section, Category B DAS shall accrue at the 
rate described in this paragraph (e)(5), unless the vessel flips to a 
Category A DAS, in which case the vessel is subject to the pertinent DAS 
accrual restrictions of paragraph (e)(4)(iii) of this section for the 
entire trip. For vessels electing to fish in both the Regular B DAS 
Program, as specified in Sec. 648.85(b)(10), and in the Eastern U.S./
Canada Area, as specified in Sec. 648.85(a), DAS counting will begin 
and end according to the DAS accounting rules specified in Sec. 
648.10(b)(2)(iii).
    (f) Good Samaritan credit. See Sec. 648.53(g).
    (g) Spawning season restrictions. A vessel issued a valid Small 
Vessel or Handgear A category permit specified under paragraphs (b)(5) 
or (b)(6), respectively, of this section may not fish for, possess, or 
land regulated species from March 1 through March 20 of each year. Any 
other vessel issued a limited access NE multispecies permit must declare 
out and be out of the NE multispecies DAS program for a 20-day period 
between March 1 and May 31 of each calendar year, using the notification 
requirements specified in Sec. 648.10. A vessel fishing under a Day 
gillnet category designation is prohibited from fishing with gillnet 
gear capable of catching NE multispecies during its declared 20-day 
spawning block, unless the vessel is fishing in an exempted fishery, as 
described in Sec. 648.80. If a vessel owner has not declared and been 
out of the fishery for a 20-day period

[[Page 577]]

between March 1 and May 31 of each calendar year on or before May 12 of 
each year, the vessel is prohibited from fishing for, possessing or 
landing any regulated species or non-exempt species during the period 
May 12 through May 31, inclusive.
    (h) Declaring DAS and blocks of time out. A vessel's owner or 
authorized representative shall notify the Regional Administrator of a 
vessel's participation in the DAS program, declaration of its 120 days 
out of the non-exempt gillnet fishery, if designated as a Day gillnet 
category vessel, as specified in paragraph (j)(1)(iii) of this section, 
and declaration of its 20-day period out of the NE multispecies DAS 
program, using the notification requirements specified in Sec. 648.10.
    (i) [Reserved]
    (j) Gillnet restrictions. Vessels issued a limited access NE 
multispecies permit may fish under a NE multispecies DAS with gillnet 
gear, provided the owner of the vessel obtains an annual designation as 
either a Day or Trip gillnet vessel, as described in Sec. 
648.4(c)(2)(iii), and provided the vessel complies with the gillnet 
vessel gear requirements and restrictions specified in Sec. 648.80.
    (1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet 
gear under a NE multispecies DAS is not required to remove gear from the 
water upon returning to the dock and calling out of the DAS program, 
provided the vessel complies with the restrictions specified in 
paragraphs (j)(1)(i) through (iii) of this section. Vessels electing to 
fish under the Day gillnet designation must have on board written 
confirmation, issued by the Regional Administrator, that the vessel is a 
Day gillnet vessel.
    (i) Removal of gear. All gillnet gear must be brought to port prior 
to the vessel fishing in an exempted fishery.
    (ii) Declaration of time out of the gillnet fishery. (A) During each 
fishing year, vessels must declare, and take, a total of 120 days out of 
the non-exempt gillnet fishery. Each period of time declared and taken 
must be a minimum of 7 consecutive days. At least 21 days of this time 
must be taken between June 1 and September 30 of each fishing year. The 
spawning season time out period required by paragraph (g) of this 
section will be credited toward the 120 days time out of the non-exempt 
gillnet fishery. If a vessel owner has not declared and taken any or all 
of the remaining periods of time required to be out of the fishery by 
the last possible date to meet these requirements, the vessel is 
prohibited from fishing for, possessing, or landing regulated 
multispecies or non-exempt species harvested with gillnet gear, and from 
having gillnet gear on board the vessel that is not stowed in accordance 
with Sec. 648.23(b), while fishing under a NE multispecies DAS, from 
that date through the end of the period between June 1 and September 30, 
or through the end of the fishing year, as applicable.
    (B) Vessels shall declare their required time periods through the 
notification procedures specified in Sec. 648.10(k)(2).
    (C) During each period of time declared out, a vessel is prohibited 
from fishing with non-exempted gillnet gear and must remove such gear 
from the water. However, the vessel may fish in an exempted fishery, as 
described in Sec. 648.80, or it may fish under a NE multispecies DAS, 
provided it fishes with gear other than non-exempted gillnet gear.
    (iii) Method of counting DAS. A Day gillnet vessel fishing with 
gillnet gear under a NE multispecies DAS shall accrue DAS as follows:
    (A) A Day gillnet vessel fishing with gillnet gear that has elected 
to fish in the Regular B DAS Program, as specified in Sec. 
648.85(b)(6), under a Category B DAS, is subject to the DAS accrual 
provisions of paragraph (e)(3) of this section.
    (B) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS, when not subject to differential DAS 
counting as specified under paragraph (e)(2) of this section, shall 
accrue 15 hr of DAS for each trip of more than 3 hr, but less than or 
equal to 15 hr. Such vessel shall accrue actual DAS time at sea for 
trips less than or equal to 3 hr, or more than 15 hr.
    (C) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS that is fishing in the

[[Page 578]]

GOM Differential DAS Area and, therefore, subject to differential DAS 
counting as specified under paragraph (e)(2)(iii)(A) of this section, 
shall accrue DAS at a differential DAS rate of 2 to 1 for the actual 
hours used for any trip of 0-3 hr in duration, and for any trip of 
greater than 7.5 hr. For such vessels fishing from 3 to 7.5 hr duration, 
vessels will be charged a full 15 hr. For example, a Day gillnet vessel 
fishing in the GOM Differential Area for 8 actual hr would be charged 16 
hours of DAS, or if fishing for 5 actual hr would be charged 15 hr of 
DAS.
    (D) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS that is fishing in the SNE Differential DAS 
Area and, therefore, subject to differential DAS counting as specified 
under paragraph (e)(2)(iii)(B) of this section, shall accrue DAS at a 
differential DAS rate of 2 to 1 for the actual hours that are in the SNE 
Differential DAS Area that are from 0-3 hr in duration and greater than 
7.5 hr. For hours in the SNE Differential DAS Area that are over 3 hr 
and less than or equal to 7.5 hr duration, a vessel shall be charged a 
full 15 hr. For a Day gillnet vessel that fishes both inside and outside 
of the SNE Differential DAS Area on the same trip, time fished outside 
the area shall accrue on the basis of actual time, unless otherwise 
specified in this paragraph (j)(1)(iii). A Day gillnet vessel fishing 
inside and outside of the SNE Differential DAS Area on the same trip 
shall not accrue less DAS for the entire trip than would a Day gillnet 
vessel fishing the same amount of time outside of the SNE Differential 
DAS Area for the entire trip (accruing DAS as specified under paragraph 
(j)(1)(iii)(B) of this section).
    (E) A Day gillnet vessel fishing with gillnet gear that has elected 
to fish in the Regular B DAS Program, as specified in Sec. 
648.85(b)(10), under a Category B DAS, is subject to the DAS accrual 
provisions of paragraph (e)(5) of this section.
    (F) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS, when not subject to differential DAS 
counting as specified under paragraph (e)(4) of this section, shall 
accrue 15 hr of DAS for each trip of more than 3 hr, but less than or 
equal to 15 hr. Such vessel shall accrue actual DAS time at sea for 
trips less than or equal to 3 hr, or more than 15 hr.
    (G) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS that is fishing in one or both of the 
differential DAS areas specified in paragraph (e)(4)(i) of this section 
and, therefore, subject to differential DAS counting as specified under 
paragraph (e)(4)(iii) of this section, shall accrue DAS at a 
differential DAS rate of 2 to 1 for the actual hours used for any trip 
of less than or equal to 3 hr in duration, and for any trip of greater 
than 7.5 hr. For such vessels fishing on any trip of more than 3 hr, but 
less than or equal to 7.5 hr duration, vessels will be charged a full 15 
hr. For example, a Day gillnet vessel fishing in the Interim SNE 
Differential DAS Area for 8 actual hr would be charged 16 hr of DAS, or 
if fishing for 5 actual hr, would be charged 15 hr of DAS.
    (2) Trip gillnet vessels. When fishing under a NE multispecies DAS, 
a Trip gillnet vessel is required to remove all gillnet gear from the 
water before calling out of a NE multispecies DAS under Sec. 
648.10(h)(5). When not fishing under a NE multispecies DAS, Trip gillnet 
vessels may fish in an exempted fishery with gillnet gear, as authorized 
by Sec. 648.80. Vessels electing to fish under the Trip gillnet 
designation must have on board written confirmation issued by the 
Regional Administrator that the vessel is a Trip gillnet vessel.
    (k) NE Multispecies DAS Leasing Program--(1) Program description. 
Eligible vessels, as specified in paragraph (k)(2) of this section, may 
lease Category A DAS to and from other eligible vessels, in accordance 
with the restrictions and conditions of this section. The Regional 
Administrator has final approval authority for all NE multispecies DAS 
leasing requests.
    (2) Eligible vessels. (i) A vessel issued a valid limited access NE 
multispecies permit is eligible to lease Category A DAS to or from 
another such vessel, subject to the conditions and requirements of this 
part, unless the vessel was issued a valid Small Vessel or

[[Page 579]]

Handgear A permit specified under paragraphs (b)(5) and (6) of this 
section, respectively, or is a valid participant in an approved Sector, 
as described in Sec. 648.87(a). Any NE multispecies vessel that does 
not require use of DAS to fish for regulated multispecies may not lease 
any NE multispecies DAS.
    (ii) DAS associated with a Confirmation of Permit History may not be 
leased.
    (3) Application to lease NE multispecies DAS. To lease Category A 
DAS, the eligible Lessor and Lessee vessel must submit a completed 
application form obtained from the Regional Administrator. The 
application must be signed by both Lessor and Lessee and be submitted to 
the Regional Office at least 45 days before the date on which the 
applicants desire to have the leased DAS effective. The Regional 
Administrator will notify the applicants of any deficiency in the 
application pursuant to this section. Applications may be submitted at 
any time prior to the start of the fishing year or throughout the 
fishing year in question, up until the close of business on March 1. 
Eligible vessel owners may submit any number of lease applications 
throughout the application period, but any DAS may only be leased once 
during a fishing year.
    (i) Application information requirements. An application to lease 
Category A DAS must contain the following information: Lessor's owner 
name, vessel name, permit number and official number or state 
registration number; Lessee's owner name, vessel name, permit number and 
official number or state registration number; number of NE multispecies 
DAS to be leased; total priced paid for leased DAS; signatures of Lessor 
and Lessee; and date form was completed. Information obtained from the 
lease application will be held confidential, according to applicable 
Federal law. Aggregate data may be used in the analysis of the DAS 
Leasing Program.
    (ii) Approval of lease application. Unless an application to lease 
Category A DAS is denied according to paragraph (k)(3)(iii) of this 
section, the Regional Administrator shall issue confirmation of 
application approval to both Lessor and Lessee within 45 days of receipt 
of an application.
    (iii) Denial of lease application. The Regional Administrator may 
deny an application to lease Category A DAS for any of the following 
reasons, including, but not limited to: The application is incomplete or 
submitted past the March 1 deadline; the Lessor or Lessee has not been 
issued a valid limited access NE multispecies permit or is otherwise not 
eligible; the Lessor's or Lessee's DAS are under sanction pursuant to an 
enforcement proceeding; the Lessor's or Lessee's vessel is prohibited 
from fishing; the Lessor's or Lessee's limited access NE multispecies 
permit is sanctioned pursuant to an enforcement proceeding; the Lessor 
or Lessee vessel is determined not in compliance with the conditions, 
restrictions, and requirements of this part; or the Lessor has an 
insufficient number of allocated or unused DAS available to lease. Upon 
denial of an application to lease NE multispecies DAS, the Regional 
Administrator shall send a letter to the applicants describing the 
reason(s) for application rejection. The decision by the Regional 
Administrator is the final agency decision.
    (4) Conditions and restrictions on leased DAS--(i) Confirmation of 
Permit History. DAS associated with a confirmation of permit history may 
not be leased.
    (ii) Sub-leasing. In a fishing year, a Lessor or Lessee vessel may 
not sub-lease DAS that have already been leased to another vessel. Any 
portion of a vessel's DAS may not be leased more than one time during a 
fishing year.
    (iii) Carry-over of leased DAS. Leased DAS that remain unused at the 
end of the fishing year may not be carried over to the subsequent 
fishing year by the Lessor or Lessee vessel.
    (iv) Maximum number of DAS that can be leased. A Lessee may lease 
Category A DAS in an amount up to such vessel's 2001 fishing year 
allocation (excluding carry-over DAS from the previous year, or 
additional DAS associated with obtaining a Large Mesh permit). For 
example, if a vessel was allocated 88 DAS in the 2001 fishing year, that 
vessel may lease up to 88 Category A DAS. The total number of Category

[[Page 580]]

A DAS that the vessel could fish would be the sum of the 88 leased DAS 
and the vessel's current allocation of Category A DAS.
    (v) History of leased DAS use and landings. Unless otherwise 
specified in this paragraph (k)(4)(v), history of leased DAS use will be 
presumed to remain with the Lessor vessel. Landings resulting from a 
leased DAS will be presumed to remain with the Lessee vessel. For the 
purpose of accounting for leased DAS use, leased DAS will be accounted 
for (subtracted from available DAS) prior to allocated DAS. In the case 
of multiple leases to one vessel, history of leased DAS use will be 
presumed to remain with the Lessor in the order in which such leases 
were approved by NMFS.
    (vi) Monkfish Category C, D, F, G and H vessels. A vessel that 
possesses a valid limited access NE multispecies DAS permit and a valid 
limited access monkfish Category C, D, F, G, or H permit and leases NE 
multispecies DAS to or from another vessel is subject to the 
restrictions specified in Sec. 648.92(b)(2).
    (vii) DAS Category restriction. A vessel may lease only Category A 
DAS, as described under paragraph (d)(1) of this section.
    (viii) Duration of lease. A vessel leasing DAS may only fish those 
leased DAS during the fishing year in which they were leased.
    (ix) Size restriction of Lessee vessel. A Lessor vessel only may 
lease DAS to a Lessee vessel with a baseline main engine horsepower 
rating that is no more than 20 percent greater than the baseline engine 
horsepower of the Lessor vessel. A Lessor vessel may only lease DAS to a 
Lessee vessel with a baseline length overall that is no more than 10 
percent greater than the baseline length overall of the Lessor vessel. 
For the purposes of this program, the baseline horsepower and length 
overall specifications of vessels are those associated with the permit 
as of January 29, 2004, unless otherwise modified according to paragraph 
(k)(4)(xi) of this section.
    (x) Leasing by vessels fishing under a Sector allocation. A vessel 
fishing under the restrictions and conditions of an approved Sector 
allocation, as specified in Sec. 648.87(b), may not lease DAS to or 
from vessels that are not participating in such Sector during the 
fishing year in which the vessel is a member of that Sector.
    (xi) One-time downgrade of DAS Leasing Program baseline. For the 
purposes of determining eligibility for leasing DAS only, a vessel owner 
may elect to make a one-time downgrade to the vessel's DAS Leasing 
Program baseline length and horsepower as specified in paragraph 
(k)(4)(ix) of this section to match the length overall and horsepower 
specifications of the vessel that is currently issued the permit.
    (A) Application for a one-time DAS Leasing Program baseline 
downgrade. To downgrade the DAS Leasing Program baseline, eligible NE 
multispecies vessels must submit a completed application form obtained 
from the Regional Administrator. An application to downgrade a vessel's 
DAS Leasing Program baseline must contain at least the following 
information: Vessel owner's name, vessel name, permit number, official 
number or state registration number, current vessel length overall and 
horsepower specifications, an indication whether additional information 
is included to document the vessel's current specifications, and the 
signature of the vessel owner.
    (B) Duration and applicability of one-time DAS Leasing Program 
baseline downgrade. The downgraded DAS Leasing Program baseline remains 
in effect until the DAS Leasing Program expires or the permit is 
transferred to another vessel via a vessel replacement, or through a DAS 
transfer unless otherwise specified in this paragraph (k)(4)(xi)(B). 
Once the permit is transferred to another vessel, the DAS Leasing 
Program baseline reverts to the baseline horsepower and length overall 
specifications associated with the permit prior to the one-time 
downgrade, unless otherwise specified. Once the DAS Leasing Program 
baseline is downgraded for a particular permit, no further downgrades 
may be authorized for that permit. The downgraded DAS Leasing Program 
baseline may only be used to determine eligibility for the DAS Leasing 
Program and does not affect or change the baseline associated

[[Page 581]]

with the DAS Transfer Program specified in paragraph (l)(1)(ii) of this 
section, or the vessel replacement or upgrade restrictions specified at 
Sec. 648.4(a)(1)(i)(E) and (F), or any other provision respectively. 
For vessels involved in a DAS Transfer Program transaction as described 
in paragraph (l) of this section, if the transferee vessel baseline is 
adopted, consistent with the regulations under paragraph (l)(1)(ii) of 
this section, and the DAS Leasing Program baseline of the transferee 
vessel was previously downgraded, consistent with the regulations under 
this paragraph (k)(4)(xi), the downgraded DAS Leasing Program baseline 
specifications remain valid.
    (l) DAS Transfer Program. Except for vessels fishing under a sector 
allocation as specified in Sec. 648.87, or a vessel that acted as a 
lessee or lessor in the DAS Leasing Program transaction, a vessel issued 
a valid limited access NE multispecies permit may transfer all of its NE 
multispecies DAS for an indefinite time to another vessel with a valid 
NE multispecies permit, in accordance with the conditions and 
restrictions described under this section. The Regional Administrator 
has final approval authority for all NE multispecies DAS transfer 
requests.
    (1) DAS transfer conditions and restrictions. (i) The transferor 
vessel must transfer all of its DAS. Upon approval of the DAS transfer, 
all history associated with the transferred NE multispecies DAS 
(moratorium right history, DAS use history, and catch history) shall be 
associated with the permit rights of the transferee. Neither the 
individual permit history elements, nor total history associated with 
the transferred DAS may be retained by the transferor.
    (ii) NE multispecies DAS may be transferred only to a vessel with a 
baseline main engine horsepower rating that is no more than 20 percent 
greater than the baseline engine horsepower of the transferor vessel. NE 
multispecies DAS may be transferred only to a vessel with a baseline 
length overall that is no more than 10 percent greater than the baseline 
length overall of the transferor vessel. For the purposes of this 
program, the baseline horsepower and length overall are those associated 
with the permit as of January 29, 2004. Upon approval of the transfer, 
the baseline of the transferee vessel would be the smaller baseline of 
the two vessels or, if the transferee vessel had not previously upgraded 
under the vessel replacement rules, the vessel owner could choose to 
adopt the larger baseline of the two vessels, which would constitute the 
vessel's one-time upgrade, if such upgrade is consistent with the vessel 
replacement rules. A vessel that has executed a one-time downgrade of a 
DAS Leasing Program baseline in accordance with paragraph (k)(4)(xi) is 
subject to the restrictions of paragraph (k)(4)(xi)(B) of this section.
    (iii) The transferor vessel must transfer all of its Federal limited 
access permits for which it is eligible to the transferee vessel in 
accordance with the vessel replacement restrictions under Sec. 648.4, 
or permanently cancel such permits. When duplicate permits exist, i.e, 
those permits for which both the transferor and transferee vessel are 
eligible, one of the duplicate permits must be permanently cancelled.
    (iv) For the purpose of calculating the DAS conservation tax as 
described in this paragraph (l), the applicants must specify which DAS 
(the transferor's DAS or the transferee's DAS) are subject to the DAS 
reduction. NE multispecies Category A and Category B DAS, as defined 
under paragraphs (d)(1) and (2) of this section, shall be reduced by 20 
percent upon transfer. Category C DAS, as defined under paragraph (d)(3) 
of this section, shall be reduced by 90 percent upon transfer.
    (v) In any particular fishing year, a vessel may not execute a DAS 
transfer as a transferor if it previously participated in the DAS 
Leasing Program as either a lessee or a lessor, as described under 
paragraph (k) of this section. A vessel may participate in DAS lease 
transaction (as a lessee or a lessor) and submit an application for a 
DAS transfer (as a transferor) during the same fishing year, but the 
transfer, if approved, would not be effective until the beginning of the 
following fishing year. Other combinations of activities under the DAS 
Leasing and DAS Transfer programs are permissible during the

[[Page 582]]

same fishing year (i.e., act as a transferee, or act as transferor and 
subsequently conduct a DAS lease).
    (vi) NE multispecies DAS associated with a Confirmation of Permit 
History may not be transferred.
    (vii) Transfer by vessels fishing under a Sector allocation. A 
vessel fishing under the restrictions and conditions of an approved 
Sector allocation as specified under Sec. 648.87(b), may not transfer 
DAS to another vessel that is not participating in such Sector during 
the fishing year in which the vessel is a member of that Sector.
    (viii) A vessel with a NE multispecies limited access Category D 
permit may transfer DAS only to a vessel with a NE multispecies limited 
access Category D permit, but may receive transferred DAS from any 
eligible NE multispecies vessel.
    (ix) A vessel with a DAS allocation resulting from a DAS Transfer in 
accordance with this paragraph (l) may acquire, through leasing, up to 
the sum of the DAS allocations for the 2001 fishing year, associated 
with the transferred and original DAS (excluding carry-over DAS from the 
previous year, or additional DAS associated with obtaining a Large Mesh 
permit), in accordance with the restrictions of paragraph (k) of this 
section.
    (2) Application to transfer DAS. Owners of the vessels applying to 
transfer and receive DAS must submit a completed application form 
obtained from the Regional Administrator. The application must be signed 
by both seller/transferor and buyer/transferee of the DAS, and submitted 
to the Regional Office at least 45 days before the date on which the 
applicant desires to have the DAS effective on the buying vessel. The 
Regional Administrator will notify the applicants of any deficiency in 
the application pursuant to this section. Applications may be submitted 
at any time during the fishing year, up until March 1.
    (i) Application information requirements. An application to transfer 
NE multispecies DAS must contain the following information: Seller's/
transferor's name, vessel name, permit number and official number or 
state registration number; buyer's/transferee's name, vessel name, 
permit number and official number or state registration number; total 
price paid for purchased DAS; signatures of seller and buyer; and date 
the form was completed. Information obtained from the transfer 
application will be held confidential, and will be used only in 
summarized form for management of the fishery. The application must be 
accompanied by verification, in writing, that the seller/transferor has 
requested cancellation of all state and Federal fishing permits from the 
appropriate agency or agencies.
    (ii) Approval of transfer application. Unless an application to 
transfer NE multispecies DAS is denied according to paragraph 
(l)(2)(iii) of this section, the Regional Administrator shall issue 
confirmation of application approval to both seller/transferor and 
buyer/transferee within 45 days of receipt of an application.
    (iii) Denial of transfer application. The Regional Administrator may 
reject an application to transfer NE multispecies DAS for the following 
reasons: The application is incomplete or submitted past the March 1 
deadline; the seller/transferor or buyer/transferee does not possess a 
valid limited access NE multispecies permit; the seller's/transferor's 
or buyer's/transferee's DAS is sanctioned, pursuant to an enforcement 
proceeding; the seller's/transferor's or buyer/transferee's vessel is 
prohibited from fishing; the seller's/transferor's or buyer's/
transferee's limited access NE multispecies permit is sanctioned 
pursuant to enforcement proceedings; or the seller/transferor has a DAS 
baseline of zero. Upon denial of an application to transfer NE 
multispecies DAS, the Regional Administrator shall send a letter to the 
applicants describing the reason(s) for application rejection. The 
decision by the Regional Administrator is the final agency decision and 
there is no opportunity to appeal the Regional Administrator's decision.
    (m) DAS credit for standing by entangled whales. Limited access 
vessels fishing under the DAS program that report and stand by an 
entangled whale may request a DAS credit for the time spent standing by 
the whale. The following conditions and requirements must be met to 
receive this credit:

[[Page 583]]

    (1) At the time the vessel begins standing by the entangled whale, 
the vessel operator must notify the USCG and the Center for Coastal 
Studies, or another organization authorized by the Regional 
Administrator, of the location of the entangled whale and that the 
vessel is going to stand by the entangled whale until the arrival of an 
authorized response team;
    (2) Only one vessel at a time may receive credit for standing by an 
entangled whale. A vessel standing by an entangled whale may transfer 
its stand-by status to another vessel while waiting for an authorized 
response team to arrive, provided it notifies the USCG and the Center 
for Coastal Studies, or another organization authorized by the Regional 
Administrator, of the transfer. The vessel to which stand-by status is 
transferred must also notify the USCG and the Center for Coastal Studies 
or another organization authorized by the Regional Administrator of this 
transfer and comply with the conditions and restrictions of this part;
    (3) The stand-by vessel must be available to answer questions on the 
condition of the animal, possible species identification, severity of 
entanglement, etc., and take photographs of the whale, if possible, 
regardless of the species of whale or whether the whale is alive or 
dead, during its stand-by status and after terminating its stand-by 
status. The stand-by vessel must remain on scene until the USCG or an 
authorized response team arrives, or the vessel is informed that an 
authorized response team will not arrive. If the vessel receives notice 
that a response team is not available, the vessel may discontinue 
standing-by the entangled whale and continue fishing operations; and
    (4) To receive credit for standing by an entangled whale, a vessel 
must submit a written request to the Regional Administrator. This 
request must include at least the following information: Date and time 
when the vessel began its stand-by status, date of first communication 
with the USCG, and date and time when the vessel terminated its stand-by 
status. DAS credit shall not be granted for the time a vessel fishes 
when standing by an entangled whale. Upon a review of the request, NMFS 
shall consider granting the DAS credit based on information available at 
the time of the request, regardless of whether an authorized response 
team arrives on scene or a rescue is attempted. NMFS shall notify the 
permit holder of any DAS adjustment that is made or explain the reasons 
why an adjustment will not be made.

[69 FR 22969, Apr. 27, 2004, as amended at 69 FR 67798, Nov. 19, 2004; 
69 FR 70923, Dec. 8, 2004; 70 FR 21942, Apr. 28, 2005; 70 FR 31340, June 
1, 2005; 70 FR 76427, Dec. 27, 2005; 71 FR 62186, Oct. 23, 2006; 72 FR 
73279, Dec. 27, 2007; 74 FR 10515, Mar. 11, 2009; 74 FR 20555, May 4, 
2009]

    Effective Date Notes: At 74 FR 17054, Apr. 13, 2009, Sec. 648.82 
was amended by adding paragraphs (e)(4), (5), (j)(1)(iii)(E), (F) and 
(G) and suspending paragraphs (e)(2), (3), (j)(1)(iii)(A) through (D), 
(k)(4)(iv), (x) and (l)(1)(iv) and (ix), effective May 1, 2009 through 
October 28, 2009.
    2. At 74 FR 32468, July 8, 2009, paragraph (k)(3) introductory text 
was added to Sec. 648.82, effective July 2, 2009 through October 28, 
2009.



Sec. 648.83  Multispecies minimum fish sizes.

    (a) Minimum fish sizes. (1) Minimum fish sizes for recreational 
vessels and charter/party vessels that are not fishing under a NE 
multispecies DAS are specified in Sec. 648.89. Except as provided in 
Sec. 648.17, all other vessels are subject to the following minimum 
fish sizes, determined by total length (TL):

             Minimum Fish Sizes (TL) for Commercial Vessels
------------------------------------------------------------------------
                 Species                          Sizes  (inches)
------------------------------------------------------------------------
Cod......................................  22 (55.9 cm)
Haddock..................................  19 (48.3 cm)
Pollock..................................  19 (48.3 cm)
Witch flounder (gray sole)...............  14 (35.6 cm)
Yellowtail flounder......................  13 (33.0 cm)
American plaice (dab)....................  14 (35.6 cm)
Atlantic halibut.........................  36 (91.4 cm)
Winter flounder (blackback)..............  12 (30.5 cm)
Redfish..................................  9 (22.9 cm)
------------------------------------------------------------------------

    (2) The minimum fish size applies to whole fish or to any part of a 
fish while possessed on board a vessel, except as provided in paragraph 
(b) of this section, and to whole, whole-gutted or gilled fish only, 
after landing. For purposes of determining compliance with the 
possession limits in Sec. 648.86, the

[[Page 584]]

weight of fillets and parts of fish, other than whole-gutted or gilled 
fish, will be multiplied by 3. Fish fillets, or parts of fish, must have 
skin on while possessed on board a vessel and at the time of landing in 
order to meet minimum size requirements. ``Skin on'' means the entire 
portion of the skin normally attached to the portion of the fish or to 
fish parts possessed is still attached.
    (3) Minimum fish sizes for recreational vessels and charter/party 
vessels that are not fishing under a NE multispecies DAS are specified 
in Sec. 648.17, all other vessels are subject to the following minimum 
fish sizes, determined by total length (TL):

             Minimum Fish Sizes (TL) for Commercial Vessels
------------------------------------------------------------------------
                  Species                          Sizes (Inches)
------------------------------------------------------------------------
                   Cod                            22 (55.9 cm)
                 Haddock                          18 (45.7 cm)
                 Pollock                          19 (48.3 cm)
        Witch flounder (gray sole)                14 (35.6 cm)
           Yellowtail flounder                    13 (33.0 cm)
             American plaice                      14 (35.6 cm)
             Atlantic halibut                     36 (91.4 cm)
       Winter flounder (blackback)                12 (30.5 cm)
                 Redfish                           9 (22.9 cm)
------------------------------------------------------------------------

    (4) Minimum fish sizes for recreational vessels and charter/party 
vessels that are not fishing under a NE multispecies DAS are specified 
in Sec. 648.89. Except as provided in Sec. 648.17, all other vessels 
are subject to the following minimum fish sizes, determined by total 
length (TL):

             Minimum Fish Sizes (TL) for Commercial Vessels
------------------------------------------------------------------------
                 Species                          Sizes  (inches)
------------------------------------------------------------------------
Cod......................................  22 (55.9 cm)
Haddock..................................  18 (45.7 cm)
Pollock..................................  19 (48.3 cm)
Witch flounder (gray sole)...............  14 (35.6 cm)
Yellowtail flounder......................  13 (33.0 cm)
American plaice..........................  14 (35.6 cm)
Atlantic halibut.........................  36 (91.4 cm)
Winter flounder (blackback)..............  12 (30.5 cm)
Redfish..................................  9 (22.9 cm)
------------------------------------------------------------------------

    (b) Exceptions. (1) Each person aboard a vessel issued a NE 
multispecies limited access permit and fishing under the DAS program may 
possess up to 25 lb (11.3 kg) of fillets that measure less than the 
minimum size, if such fillets are from legal-sized fish and are not 
offered or intended for sale, trade, or barter. For purposes of 
determining compliance with the possession limits specified in Sec. 
648.86, the weight of fillets and parts of fish, other than whole-gutted 
or gilled fish, will be multiplied by 3.
    (2) Recreational, party, and charter vessels may possess fillets 
less than the minimum size specified, if the fillets are taken from 
legal-sized fish and are not offered or intended for sale, trade or 
barter.
    (3) Vessels fishing exclusively with pot gear may possess NE 
multispecies frames used, or to be used, as bait, that measure less than 
the minimum fish size, if there is a receipt for purchase of those 
frames on board the vessel.
    (4) Vessels that have an All Areas Limited Access Herring Permit 
and/or an Areas 2 and 3 Limited Access Herring Permit may possess and 
land haddock and other regulated species that are smaller than the 
minimum size specified under Sec. 648.83, consistent with the bycatch 
caps specified in Sec. Sec. 648.86(a)(3) and 648.86(k). Such fish may 
not be sold for human consumption.
    (c) Adjustments. (1) At any time when information is available, the 
NEFMC will review the best available mesh selectivity information to 
determine the appropriate minimum size for the species listed in 
paragraph (a) of this section, except winter flounder, according to the 
length at which 25 percent of the regulated species would be retained by 
the applicable minimum mesh size.
    (2) Upon determination of the appropriate minimum sizes, the NEFMC 
shall propose the minimum fish sizes to be implemented following the 
procedures specified in Sec. 648.90.
    (3) Additional adjustments or changes to the minimum fish sizes 
specified in paragraph (a) of this section, and exemptions specified in 
paragraph (b) of this section, may be made at any time after 
implementation of the final rule as specified under Sec. 648.90.

[69 FR 22974, Apr. 27, 2004, as amended at 71 FR 46876, Aug. 15, 2006; 
72 FR 11276, Mar. 12, 2007]

    Effective Date Note: At 74 FR 17056, Apr. 13, 2009, Sec. 648.83 was 
amended by suspending paragraph (a)(1) and adding paragraph (a)(4), 
effective May 1, 2009 through October 28, 2009.

[[Page 585]]



Sec. 648.84  Gear-marking requirements and gear restrictions.

    (a) Bottom-tending fixed gear, including, but not limited to, 
gillnets and longlines designed for, capable of, or fishing for NE 
multispecies or monkfish, must have the name of the owner or vessel or 
the official number of that vessel permanently affixed to any buoys, 
gillnets, longlines, or other appropriate gear so that the name of the 
owner or vessel or the official number of the vessel is visible on the 
surface of the water.
    (b) Bottom-tending fixed gear, including, but not limited to 
gillnets or longline gear, must be marked so that the westernmost end 
(measuring the half compass circle from magnetic south through west to, 
and including, north) of the gear displays a standard 12-inch (30.5-cm) 
tetrahedral corner radar reflector and a pennant positioned on a staff 
at least 6 ft (1.8 m) above the buoy. The easternmost end (meaning the 
half compass circle from magnetic north through east to, and including, 
south) of the gear need display only the standard 12-inch (30.5-cm) 
tetrahedral radar reflector positioned in the same way.
    (c) Continuous gillnets must not exceed 6,600 ft (2,011.7 m) between 
the end buoys.
    (d) In the GOM and GB regulated mesh area specified in Sec. 
648.80(a), gillnet gear set in an irregular pattern or in any way that 
deviates more than 30[deg] from the original course of the set must be 
marked at the extremity of the deviation with an additional marker, 
which must display two or more visible streamers and may either be 
attached to or independent of the gear.

[69 FR 22974, Apr. 27, 2004]



Sec. 648.85  Special management programs.

    (a) U.S./Canada Resource Sharing Understanding. No NE multispecies 
fishing vessel, or person on such vessel, may enter, fish in, or be in 
the U.S./Canada Resource Sharing Understanding Management Areas (U.S./
Canada Management Areas), as defined in paragraph (a)(1) of this 
section, unless the vessel is fishing in accordance with the 
restrictions and conditions of this section. These restrictions do not 
preclude fishing under an approved Special Access Program specified 
under paragraph (b) of this section.
    (1) U.S./Canada Management Areas. A NE multispecies DAS vessel that 
meets the requirements of paragraph (a)(3) of this section, may fish in 
the U.S./Canada Management Areas described in paragraphs (a)(1)(i) and 
(ii) of this section.
    (i) Western U.S./Canada Area. The Western U.S./Canada Area is the 
area defined by straight lines connecting the following points in the 
order stated (a chart depicting this area is available from the Regional 
Administrator upon request):

                        Western U.S./Canada Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
USCA 1...........................  42[deg]20[min]      68[deg]50[min]
USCA 2...........................  39[deg]50[min]      68[deg]50[min]
USCA 3...........................  39[deg]50[min]      66[deg]40[min]
USCA 4...........................  40[deg]40[min]      66[deg]40[min]
USCA 5...........................  40[deg]40[min]      66[deg]50[min]
USCA 6...........................  40[deg]50[min]      66[deg]50[min]
USCA 7...........................  40[deg]50[min]      67[deg]00[min]
USCA 8...........................  41[deg]00[min]      67[deg]00[min]
USCA 9...........................  41[deg]00[min]      67[deg]20[min]
USCA 10..........................  41[deg]10[min]      67[deg]20[min]
USCA 11..........................  41[deg]10[min]      67[deg]40[min]
USCA 12..........................  42[deg]20[min]      67[deg]40[min]
USCA 1...........................  42[deg]20[min]      68[deg]50[min]
------------------------------------------------------------------------

    (ii) Eastern U.S./Canada Area. The Eastern U.S./Canada Area is the 
area defined by straight lines connecting the following points in the 
order stated (a chart depicting this area is available from the Regional 
Administrator upon request):

                        Eastern U.S./Canada Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
USCA 12..........................  42[deg]20[min]      67[deg]40[min]
USCA 11..........................  41[deg]10[min]      67[deg]40[min]
USCA 10..........................  41[deg]10[min]      67[deg]20[min]
USCA 9...........................  41[deg]00[min]      67[deg]20[min]
USCA 8...........................  41[deg]00[min]      67[deg]00[min]
USCA 7...........................  41[deg]50[min]      67[deg]00[min]
USCA 6...........................  41[deg]50[min]      66[deg]50[min]
USCA 5...........................  41[deg]40[min]      66[deg]50[min]
USCA 4...........................  41[deg]40[min]      66[deg]40[min]
USCA 15..........................  40[deg]30[min]      66[deg]40[min]
USCA 14..........................  40[deg]30[min]      65[deg]44.3[min]
USCA 13..........................  42[deg]20[min]      67[deg]18.4[min]
USCA 12..........................  42[deg]20[min]      67[deg]40[min]
------------------------------------------------------------------------

    (2) TAC allocation. (i) Except for the 2004 fishing year, the amount 
of GB cod and haddock TAC that may be harvested from the Eastern U.S./
Canada

[[Page 586]]

Area described in paragraph (a)(1)(ii) of this section, and the amount 
of GB yellowtail flounder TAC that may be harvested from the Western 
U.S./Canada Area and the Eastern U.S./Canada Area, as described in 
paragraphs (a)(1)(i) and (ii) of this section, combined, shall be 
determined by the process specified in paragraphs (a)(2)(i)(A) through 
(E) of this section.
    (A) By June 30 of each year, the Terms of Reference for the U.S./
Canada shared resources for GB cod, haddock and yellowtail flounder 
shall be established by the Steering Committee and the Transboundary 
Management Guidance Committee (TMGC).
    (B) By July 31 of each year, a Transboundary Resource Assessment 
Committee (TRAC) joint assessment of the U.S./Canada shared resources 
for GB cod, haddock and yellowtail flounder shall occur.
    (C) By August 31 of each year, the TMGC shall recommend TACs for the 
U.S./Canada shared resources for GB cod, haddock and yellowtail 
flounder. Prior to October 31 of each year, the Council may refer any or 
all recommended TACs back to the TMGC and request changes to any or all 
TACs. The TMGC shall consider such recommendations and respond to the 
Council prior to October 31.
    (D) By October 31 of each year, the Council shall review the TMGC 
recommended TACs for the U.S. portion of the U.S./Canada Management Area 
resources for GB cod, haddock, and yellowtail flounder. Based on the 
TMGC recommendations, the Council shall recommend to the Regional 
Administrator the U.S. TACs for the shared stocks for the subsequent 
fishing year. NMFS shall review the Council's recommendations and shall 
publish in the Federal Register the proposed TACs and provide a 30-day 
public comment period. NMFS shall make a final determination concerning 
the TACs and publish notification of the approved TACs and responses to 
public comments in the Federal Register. The Council, at this time, may 
also consider modification of management measures in order to ensure 
compliance with the U.S./Canada Resource Sharing Understanding. Any 
changes to management measures will be modified pursuant to Sec. 
648.90.
    (E) For fishing year 2004, the amount of GB cod, haddock and 
yellowtail flounder TAC that may be harvested under this section will be 
published in the preamble of the proposed and final rules for Amendment 
13.
    (ii) Adjustments to TACs. Any overages of the GB cod, haddock, or 
yellowtail flounder TACs that occur in a given fishing year will be 
subtracted from the respective TAC in the following fishing year.
    (3) Requirements for vessels in U.S./Canada Management Areas. Any NE 
multispecies vessel may fish in the U.S./Canada Management Areas, 
provided it complies with conditions and restrictions of this section. 
Vessels other than NE multispecies vessels may fish in the U.S./Canada 
Management Area, subject to the restrictions specified in paragraph 
(a)(3)(iv)(E) of this section and all other applicable regulations for 
such vessels.
    (i) VMS requirement. A NE multispecies DAS vessel in the U.S./Canada 
Management Areas described in paragraph (a)(1) of this section must have 
installed on board an operational VMS unit that meets the minimum 
performance criteria specified in Sec. Sec. 648.9 and 648.10.
    (ii) Declaration. To fish in the U.S./Canada Management Area under a 
groundfish DAS, a NE multispecies DAS vessel, prior to leaving the dock, 
must declare through the VMS, in accordance with instructions to be 
provided by the Regional Administrator, which specific U.S./Canada 
Management Area described in paragraphs (a)(1)(i) or (ii) of this 
section, or which specific SAP, described in paragraph (b) of this 
section, within the U.S./Canada Management Area the vessel will fish in, 
and comply with the restrictions and conditions in paragraphs 
(a)(3)(ii)(A) through (C) of this section. Vessels other than NE 
multispecies DAS vessels are not required to declare into the U.S./
Canada Areas.
    (A) A vessel fishing under a NE multispecies DAS in the Eastern 
U.S./Canada Area may fish both inside and outside of the Eastern U.S./
Canada Area on the same trip, provided it complies with the most 
restrictive DAS

[[Page 587]]

counting, trip limits, and reporting requirements for the areas fished 
for the entire trip, and provided it complies with the restrictions 
specified in paragraphs (a)(3)(ii)(A)(1) through (4) of this section. On 
a trip when the vessel operator elects to fish both inside and outside 
of the Eastern U.S./Canada Area, all cod, haddock, and yellowtail 
flounder caught on the trip shall count toward the applicable hard TAC 
specified for the U.S./Canada Management Area.
    (1) The vessel operator must notify NMFS via VMS prior to leaving 
the Eastern U.S./Canada Area (including at the time of initial 
declaration into the Eastern U.S./Canada Area) that it is also electing 
to fish outside the Eastern U.S./Canada Area. With the exception of 
vessels participating in the Regular B DAS Program and fishing under a 
Regular B DAS, once a vessel electing to fish outside of the Eastern 
U.S./Canada Area has left the Eastern U.S./Canada Area, Category A DAS 
shall accrue from the time the vessel crosses the VMS Demarcation Line 
at the start of its fishing trip until the time the vessel crosses the 
VMS Demarcation Line on its return to port, in accordance with Sec. 
648.10(e)(2)(iii) and (e)(2)(iv).
    (2) The vessel must comply with the reporting requirements of the 
U.S./Canada Management Area specified under Sec. 648.85(a)(3)(v) for 
the duration of the trip.
    (3) If the vessel fishes or intends to fish in one of the 
Differential DAS Areas defined under Sec. 648.82(e)(2)(i), it must 
declare its intent to fish in the specific Differential DAS Area prior 
to leaving the Eastern U.S./Canada Area, and must not have exceeded the 
CC/GOM or SNE/MA yellowtail flounder trip limits, specified in Sec. 
648.86(g), for the respective areas.
    (4) If a vessel possesses yellowtail flounder in excess of the trip 
limits for CC/GOM yellowtail flounder or SNE/MA yellowtail flounder, as 
specified in Sec. 648.86(g), the vessel may not fish in either the CC/
GOM or SNE/MA yellowtail flounder stock area during that trip (i.e., may 
not fish outside of the U.S./Canada Management Area).
    (B) A vessel fishing under a NE multispecies DAS in the Western 
U.S./Canada Area may fish inside and outside the Western U.S./Canada 
Area on the same trip, provided it complies with the more restrictive 
regulations applicable to the area fished for the entire trip (e.g., the 
possession restrictions specified in paragraph (a)(3)(iv)(C)(4) of this 
section), and the reporting requirements specified in Sec. 
648.85(a)(3)(v).
    (C) For the purposes of selecting vessels for observer deployment, a 
vessel fishing in either of the U.S./Canada Management Areas specified 
in paragraph (a)(1) of this section must provide notice to NMFS of the 
vessel name; contact name for coordination of observer deployment; 
telephone number for contact; and the date, time, and port of departure, 
at least 72 hours prior to the beginning of any trip that it declares 
into the U.S./Canada Management Area as required under this paragraph 
(a)(3)(ii).
    (iii) Gear requirements. NE multispecies vessels fishing with trawl 
gear in the Eastern U.S./Canada Area defined in paragraph (a)(1)(ii) of 
this section, unless otherwise provided in paragraphs (b)(6) and (b)(8) 
of this section, must fish with a haddock separator trawl or a flounder 
trawl net, as described in paragraphs (a)(3)(iii)(A) and (B) of this 
section (both nets may be onboard the fishing vessel simultaneously). 
Gear other than the haddock separator trawl or the flounder trawl net as 
described in paragraph (a)(3)(iii) of this section, or gear authorized 
under paragraphs (b)(6) and (b)(8) of this section, may be on board the 
vessel during a trip to the Eastern U.S./Canada Area, provided the gear 
is stowed according to the regulations at Sec. 648.23(b). The 
description of the haddock separator trawl and flounder trawl net in 
this paragraph (a)(3)(iii) may be further specified by the Regional 
Administrator through publication of such specifications in the Federal 
Register, consistent with the requirements of the Administrative 
Procedure Act.
    (A) Haddock Separator Trawl. A haddock separator trawl is defined as 
a groundfish trawl modified to a vertically oriented trouser trawl 
configuration, with two extensions arranged one over the other, where a 
codend shall be attached only to the

[[Page 588]]

upper extension, and the bottom extension shall be left open and have no 
codend attached. A horizontal large mesh separating panel constructed 
with a minimum of 6.0 inch (15.2 cm) diamond mesh must be installed 
between the selvedges joining the upper and lower panels, as described 
in paragraph (a)(3)(iii)(A) and (B) of this section, extending forward 
from the front of the trouser junction to the aft edge of the first 
belly behind the fishing circle.
    (1) Two-seam bottom trawl nets--For two seam nets, the separator 
panel will be constructed such that the width of the forward edge of the 
panel is 80-85 percent of the width of the after edge of the first belly 
of the net where the panel is attached. For example, if the belly is 200 
meshes wide (from selvedge to selvedge), the separator panel must be no 
wider than 160-170 meshes wide.
    (2) Four-seam bottom trawl nets--For four seam nets, the separator 
panel will be constructed such that the width of the forward edge of the 
panel is 90-95 percent of the width of the after edge of the first belly 
of the net where the panel is attached. For example, if the belly is 200 
meshes wide (from selvedge to selvedge), the separator panel must be no 
wider than 180-190 meshes wide. The separator panel will be attached to 
both of the side panels of the net along the midpoint of the side 
panels. For example, if the side panel is 100 meshes tall, the separator 
panel must be attached at the 50th mesh.
    (B) Flounder Trawl Net. A flounder trawl net is defined as bottom 
trawl gear meeting one of the following two net descriptions:
    (1) A two-seam, low-rise net constructed with mesh size in 
compliance with Sec. 648.80(a)(4), where the maximum footrope length is 
not greater than 105 ft (32.0 m) and the headrope is at least 30 percent 
longer than the footrope. The footrope and headrope lengths shall be 
measured from the forward wing end.
    (2) A two-seam, low-rise net constructed with mesh size in 
compliance with Sec. 648.80(a)(4), with the exception that the top 
panel of the net contains a section of mesh at least 10 ft (3.05 m) long 
and stretching from selvedge to selvedge, composed of at least 12-in 
(30.5-cm) mesh that is inserted no farther than 4.5 meshes behind the 
headrope.
    (iv) Harvest controls. Vessels fishing in the U.S./Canada Management 
Areas are subject to the following restrictions, in addition to any 
other possession or landing limits applicable to vessels not fishing in 
the U.S./Canada Management Areas.
    (A) Cod landing limit restrictions. Notwithstanding other applicable 
possession and landing restrictions under this part, a NE multispecies 
vessel fishing in the Eastern U.S./Canada Area described in paragraph 
(a)(1)(ii) of this section may not land more than 500 lb (226.8 kg) of 
cod per DAS, or any part of a DAS, up to 5,000 lb (2,268 kg) per trip. A 
vessel fishing in the Eastern U.S./Canada Area may be further restricted 
by participation in other Special Management Programs as required under 
this section.
    (B) Haddock landing limit--(1) Initial haddock landing limit. The 
initial haddock landing limit is specified in Sec. 648.86(a), unless 
adjusted pursuant to paragraph (a)(3)(iv)(B)(2) and (3) of this section.
    (2) Implementation of haddock landing limit for Eastern U.S./Canada 
Area. When the Regional Administrator projects that 70 percent of the 
TAC allocation for haddock specified under paragraph (a)(2) of this 
section will be harvested, NMFS shall implement, through rulemaking 
consistent with the Administrative Procedure Act, a haddock trip limit 
for vessels fishing in the Eastern U.S./Canada Area of 1,500 lb (680.4 
kg) per day, and 15,000 lb (6,804.1 kg) per trip.
    (3) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for haddock specified in paragraph (a)(2) of this section 
will be harvested, NMFS shall, through rulemaking consistent with the 
Administrative Procedure Act, close the Eastern U.S./Canada Area to 
groundfish DAS vessels as specified in paragraph (a)(3)(iv)(E) of this 
section and prohibit all vessels from harvesting, possessing, or landing 
haddock in or from the Eastern U.S./Canada Area.

[[Page 589]]

    (C) Yellowtail flounder landing limit--(1) Initial yellowtail 
flounder landing limit. Unless further restricted under paragraph 
(a)(3)(iv)(D) of this section (gear performance incentives), or modified 
pursuant to paragraph (a)(3)(iv)(D), the initial yellowtail flounder 
landing limit for each fishing year is 10,000 lb (4,536.2 kg) per trip.
    (2) Regional Administrator authority to adjust the yellowtail 
flounder landing limit mid-season. If, based upon available information, 
the Regional Administrator projects that the yellowtail flounder catch 
may exceed the yellowtail flounder TAC for a fishing year, the Regional 
Administrator may implement, adjust, or remove the yellowtail flounder 
landing limit at any time during that fishing year in order to prevent 
yellowtail flounder catch from exceeding the TAC or to facilitate 
harvesting the TAC, in a manner consistent with the Administrative 
Procedure Act. If, based upon available information, the Regional 
Administrator projects that the yellowtail flounder catch is less than 
90 percent of the TAC, the Regional Administrator may adjust or remove 
the yellowtail flounder landing limit at any time during the fishing 
year in order to facilitate the harvest of the TAC, in a manner 
consistent with the Administrative Procedure Act. The Regional 
Administrator may specify yellowtail flounder trip limits that apply to 
the whole U.S./Canada Management Area or to either the Western or 
Eastern Area.
    (3) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for yellowtail flounder specified under paragraph (a)(2) of 
this section will be harvested, NMFS shall, through rulemaking 
consistent with the Administrative Procedure Act, close the Eastern 
U.S./Canada Area to groundfish DAS vessels as specified under paragraph 
(a)(3)(iv)(E) of this section and prohibit all vessels from harvesting, 
possessing, or landing yellowtail flounder from the U.S./Canada 
Management Area.
    (4) Yellowtail flounder landing limit for vessels fishing both 
inside and outside the Western U.S./Canada Area on the same trip. A 
vessel fishing both inside and outside of the Western U.S./Canada Area 
on the same trip, as allowed under paragraph (a)(3)(ii)(B) of this 
section, is subject to the most restrictive landing limits that apply to 
any of the areas fished, for the entire trip.
    (D) Other restrictions or in-season adjustments. In addition to the 
possession restrictions specified in paragraph (a)(3)(iv) of this 
section, the Regional Administrator, in a manner consistent with the 
Administrative Procedure Act, may modify the gear requirements, modify 
or close access to the U.S./Canada Management Areas, modify the trip 
limits specified under paragraphs (a)(3)(iv)(A) through (C) of this 
section, or modify the total number of trips into the U.S./Canada 
Management Area, to prevent over-harvesting or facilitate achieving the 
TAC. Such adjustments may be made at any time during the fishing year, 
or prior to the start of the fishing year. If necessary to give priority 
to using Category A DAS versus using Category B DAS, the Regional 
Administrator may implement different management measures for vessels 
using Category A DAS than for vessels using Category B DAS. If the 
Regional Administrator, under this authority, requires use of a 
particular gear type in order to reduce catches of stocks of concern, 
unless further restricted elsewhere in this part, the following gear 
performance incentives will apply: Possession of flounders (all species 
combined), monkfish, and skates is limited to 500 lb (226.8 kg)(whole 
weight) each (i.e., no more than 500 lb (226.8 kg) of all flounders, no 
more than 500 lb (226.8 kg) of monkfish, and no more than 500 lb (226.8 
kg) of skates), and possession of lobsters is prohibited.
    (E) Closure of Eastern U.S./Canada Area. When the Regional 
Administrator projects that the TAC allocations specified under 
paragraph (a)(2) of this section will be caught, NMFS shall close, 
through rulemaking consistent with the Administrative Procedure Act, the 
Eastern U.S./Canada Area to all groundfish DAS vessels, unless otherwise 
allowed under this paragraph (a)(3)(iv)(E). Should the Eastern U.S./
Canada Area close as described in this paragraph (a)(3)(iv)(E), 
groundfish DAS vessels may continue to fish in a SAP

[[Page 590]]

within the Eastern U.S./Canada Area, provided that the TAC for the 
target stock identified for that particular SAP has not been fully 
harvested. For example, should the TAC allocation for GB cod specified 
under paragraph (a)(2) of this section be attained, and the Eastern 
U.S./Canada Area closure implemented, vessels could continue to fish for 
yellowtail flounder within the SAP identified as the Closed Area II 
Yellowtail Flounder SAP, described in paragraph (b)(3) of this section, 
in accordance with the requirements of that program. Upon closure of the 
Eastern U.S./Canada Area, vessels may transit through this area as 
described in paragraph (a)(1)(ii) of this section, provided that its 
gear is stowed in accordance with the provisions of Sec. 648.23(b), 
unless otherwise restricted under this part.
    (v) Reporting. The owner or operator of a NE multispecies DAS vessel 
must submit reports via VMS, in accordance with instructions provided by 
the Regional Administrator, for each day of the fishing trip when 
declared into either of the U.S./Canada Management Areas. The vessel 
must continue to report daily, even after exiting the U.S./Canada 
Management Area. The reports must be submitted in 24-hr intervals for 
each day, beginning at 0000 hr and ending at 2400 hr, and must be 
submitted by 0900 hr of the following day, or as instructed by the 
Regional Administrator. The reports must include at least the following 
information:
    (A) Total pounds of cod, haddock, yellowtail flounder, winter 
flounder, witch flounder, American plaice, and white hake kept; and 
total pounds of cod, haddock, yellowtail flounder, winter flounder, 
witch flounder, American plaice, and white hake discarded;
    (B) Date fish were caught and statistical area in which fish were 
caught; and
    (C) Vessel Trip Report (VTR) serial number, as instructed by the 
Regional Administrator.
    (D) Total pounds of cod, haddock, yellowtail flounder, winter 
flounder, witch flounder, pollock, windowpane flounder, and white hake 
kept;
    (E) Date fish were caught and statistical area in which fish were 
caught; and
    (F) Vessel Trip Report (VTR) serial number, as instructed by the 
Regional Administrator.
    (vi) Withdrawal from U.S./Canada Resource Sharing Understanding. At 
any time, the Regional Administrator, in consultation with the Council, 
may withdraw from the provisions of the U.S./Canada Resource Sharing 
Understanding described in this section, if the Understanding is 
determined to be inconsistent with the goals and objectives of the FMP, 
the Magnuson-Stevens Act, or other applicable law. If the United States 
withdraws from the Understanding, the implementing measures, including 
TACs, remain in place until changed through the framework or FMP 
amendment process.
    (vii) Transiting. A multispecies DAS vessel declared into the 
Eastern U.S./Canada Area as defined in paragraph (a)(1)(ii) of this 
section, and not fishing in the CA II Yellowtail Flounder SAP described 
in paragraph (b)(3) of this section, may transit the CA II Yellowtail 
Flounder SAP as described in paragraph (b)(3)(ii) of this section, 
provided all fishing gear is stowed in accordance with the regulations 
at Sec. 648.23(b).
    (viii) Declaration. To fish in the U.S./Canada Management Area under 
a groundfish DAS, a NE multispecies DAS vessel, prior to leaving the 
dock, must declare through the VMS, in accordance with instructions to 
be provided by the Regional Administrator, which specific U.S./Canada 
Management Area described in paragraphs (a)(1)(i) or (ii) of this 
section, or which specific SAP, described in paragraph (b) of this 
section, within the U.S./Canada Management Area the vessel will fish in, 
and comply with the restrictions and conditions in paragraphs 
(a)(3)(viii)(A) through (C) of this section. Vessels other than NE 
multispecies DAS vessels are not required to declare into the U.S./
Canada Management Areas.
    (A) A vessel fishing under a NE multispecies DAS in the Eastern 
U.S./Canada Area may fish both inside and outside of the Eastern U.S./
Canada Area on the same trip, provided it complies with the most 
restrictive DAS counting, trip limits, and reporting requirements for 
the areas fished for the

[[Page 591]]

entire trip, and provided it complies with the restrictions specified in 
paragraphs (a)(3)(viii)(A)(1) through (4) of this section. On a trip 
when the vessel operator elects to fish both inside and outside of the 
Eastern U.S./Canada Area, all cod, haddock, and yellowtail flounder 
caught on the trip shall count toward the applicable hard TAC specified 
for the U.S./Canada Management Area.
    (1) The vessel operator must notify NMFS via VMS any time prior to 
leaving the dock at the start of the trip or prior to leaving the 
Eastern U.S./Canada Area (including at the time of initial declaration 
into the Eastern U.S./Canada Area) that it is also electing to fish 
outside the Eastern U.S./Canada Area. With the exception of vessels 
participating in the Regular B DAS Program and fishing under a Regular B 
DAS, once a vessel that has elected to fish outside of the Eastern U.S./
Canada Area leaves the Eastern U.S./Canada Area, Category A DAS shall 
accrue from the time the vessel crosses the VMS demarcation line at the 
start of its fishing trip until the time the vessel crosses the 
demarcation line on its return to port, in accordance with Sec. 
648.10(b)(2)(iii).
    (2) The vessel must comply with the reporting requirements of the 
U.S./Canada Management Area specified under paragraph (a)(3)(v) of this 
section for the duration of the trip.
    (3) If the vessel fishes or intends to fish in one or both of the 
differential DAS areas defined under Sec. 648.82(e)(4)(i), it must 
declare its intent to do so prior to leaving the Eastern U.S./Canada 
Area (including at the time of initial declaration into the Eastern 
U.S./Canada Area), and must not have exceeded the CC/GOM or SNE/MA 
yellowtail flounder trip limits, specified in Sec. 648.86(g), for the 
respective areas.
    (4) If a vessel possesses yellowtail flounder in excess of the trip 
limits for CC/GOM yellowtail flounder or SNE/MA yellowtail flounder, as 
specified in Sec. 648.86(g), the vessel may not fish in either the CC/
GOM or SNE/MA yellowtail flounder stock area during that trip (i.e., may 
not fish outside of the U.S./Canada Management Area).
    (B) A vessel fishing under a NE multispecies DAS in the Western 
U.S./Canada Area may fish inside and outside the Western U.S./Canada 
Area on the same trip, provided it complies with the most restrictive 
regulations applicable to the area fished for the entire trip (e.g., the 
possession restrictions specified in paragraph (a)(3)(iv)(C)(4) of this 
section), and the reporting requirements specified in paragraph 
(a)(3)(v) of this section.
    (C) For the purposes of selecting vessels for observer deployment, a 
vessel fishing in either of the U.S./Canada Management Areas specified 
in paragraph (a)(1) of this section must provide notice to NMFS of the 
vessel name; contact name for coordination of observer deployment; 
telephone number for contact; and the date, time, and port of departure, 
at least 72 hr prior to the beginning of any trip that it declares into 
the U.S./Canada Management Area, as required under this paragraph 
(a)(3)(viii).
    (ix) Gear requirements. NE multispecies vessels fishing with trawl 
gear in the Eastern U.S./Canada Area defined in paragraph (a)(1)(ii) of 
this section, unless otherwise provided in paragraphs (b)(8) and (b)(10) 
of this section, must fish with a Ruhle trawl, as described in paragraph 
(b)(10)(iv)(J)(1) of this section, or a haddock separator trawl or a 
flounder trawl net, as described in paragraphs (a)(3)(ix)(A) and (B) of 
this section (all three nets may be onboard the fishing vessel 
simultaneously). Gear other than the Ruhle trawl, haddock separator 
trawl, or the flounder trawl net as described in paragraph (a)(3)(ix) of 
this section, or gear authorized under paragraphs (b)(8) and (b)(10) of 
this section, may be on board the vessel during a trip to the Eastern 
U.S./Canada Area, provided the gear is stowed according to the 
regulations at Sec. 648.23(b). The description of the Ruhle trawl, the 
haddock separator trawl, and the flounder trawl net in paragraph 
(b)(10)(iv)(J)(1) of this section and in this paragraph (a)(3)(ix) may 
be further specified by the Regional Administrator through publication 
of such specifications in the Federal Register, consistent with the 
requirements of the Administrative Procedure Act.
    (A) Haddock separator trawl. A haddock separator trawl is defined as 
a

[[Page 592]]

groundfish trawl modified to a vertically oriented trouser trawl 
configuration, with two extensions arranged one over the other, where a 
codend shall be attached only to the upper extension, and the bottom 
extension shall be left open and have no codend attached. A horizontal 
large-mesh separating panel constructed with a minimum of 6.0-inch 
(15.2-cm) diamond mesh must be installed between the selvedges joining 
the upper and lower panels, as described in this paragraph (a)(3)(ix)(A) 
and in paragraph (B) of this section, extending forward from the front 
of the trouser junction to the aft edge of the first belly behind the 
fishing circle.
    (1) Two-seam bottom trawl nets. For two-seam nets, the separator 
panel will be constructed such that the width of the forward edge of the 
panel is 80-85 percent of the width of the after edge of the first belly 
of the net where the panel is attached. For example, if the belly is 200 
meshes wide (from selvedge to selvedge), the separator panel must be no 
wider than 160-170 meshes.
    (2) Four-seam bottom trawl nets. For four-seam nets, the separator 
panel will be constructed such that the width of the forward edge of the 
panel is 90-95 percent of the width of the after edge of the first belly 
of the net where the panel is attached. For example, if the belly is 200 
meshes wide (from selvedge to selvedge), the separator panel must be no 
wider than 180-190 meshes. The separator panel will be attached to both 
of the side panels of the net along the midpoint of the side panels. For 
example, if the side panel is 100 meshes tall, the separator panel must 
be attached at the 50th mesh.
    (B) Flounder trawl net. A flounder trawl net is defined as bottom 
trawl gear meeting one of the following two net descriptions:
    (1) A two-seam, low-rise net constructed with mesh size in 
compliance with Sec. 648.80(a)(4), where the maximum footrope length is 
not greater than 105 ft (32.0 m) and the headrope is at least 30-percent 
longer than the footrope. The footrope and headrope lengths shall be 
measured from the forward wing end.
    (2) A two-seam, low-rise net constructed with mesh size in 
compliance with Sec. 648.80(a)(4), with the exception that the top 
panel of the net contains a section of mesh at least 10 ft (3.05 m) long 
and stretching from selvedge to selvedge, composed of at least 12-inch 
(30.5-cm) mesh that is inserted no farther than 4.5 meshes behind the 
headrope.
    (b) Special Access Programs. A SAP is a narrowly defined fishery 
that results in increased access to a stock that, in the absence of such 
authorization, would not be allowed due to broadly applied regulations. 
A SAP authorizes specific fisheries targeting either NE multispecies 
stocks or non-multispecies stocks in order to allow an increased yield 
of the target stock(s) without undermining the achievement of the goals 
of the NE Multispecies FMP. A SAP should result in a harvest level that 
more closely approaches OY, without compromising efforts to rebuild 
overfished stocks, end overfishing, minimize bycatch, or minimize impact 
on EFH. Development of a SAP requires a relatively high level of fishery 
dependent and fishery independent information in order to be consistent 
with this rationale.
    (1) SAPs harvesting NE multispecies. A SAP to harvest NE 
multispecies may be proposed by the Council and approved by NMFS through 
the framework process described under Sec. 648.90.
    (2) SAPs harvesting stocks other than NE multispecies. A SAP to 
harvest stocks of fish other than NE multispecies (non-multispecies SAP) 
may be proposed by the Council and approved by NMFS through the 
framework process described under Sec. 648.90.
    (3) Closed Area II Yellowtail Flounder SAP--(i) Eligibility. Vessels 
issued a valid limited access NE multispecies DAS permit are eligible to 
participate in the Closed Area II Yellowtail Flounder SAP, and may fish 
in the Closed Area II Yellowtail Flounder Access Area, as described in 
paragraph (b)(3)(ii) of this section, for the period specified in 
paragraph (b)(3)(iii) of this section, when fishing under a NE 
multispecies DAS, provided such vessels comply with the requirements of 
this section, and provided the Eastern U.S./Canada Area described in 
paragraph (a)(1)(ii) is not closed according

[[Page 593]]

to the provisions specified under paragraph (a)(1)(iv) of this section. 
Vessels are required to comply with the no discarding and DAS flip 
requirements specified in paragraph (b)(3)(xi) of this section, and the 
DAS balance requirements specified in paragraph (b)(3)(xii) of this 
section.
    (ii) Closed Area II Yellowtail Flounder Access Area. The Closed Area 
II Yellowtail Flounder Access Area is the area defined by straight lines 
connecting the following points in the order stated:

             Closed Area II Yellowtail Flounder Access Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
Ytail 1..........................  41[deg]30[min]      67[deg]20[min]
Ytail 2..........................  41[deg]30[min]      66[deg]34.8[min]
G5...............................  41[deg]18.6[min]    66[deg]24.8[min]
                                                        \1\
CII 2............................  41[deg]00[min]      66[deg]35.8[min]
CII 1............................  41[deg]00[min]      67[deg]20[min]
Ytail 1..........................  41[deg]30[min]      67[deg]20[min]
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.

    (iii) Season. Eligible vessels may fish in the Closed Area II 
Yellowtail Flounder SAP during the period July 1 through December 31.
    (iv) VMS requirement. All NE multispecies DAS vessels in the U.S./
Canada Management Areas described in paragraph (a)(1) of this section 
must have installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec. Sec. 648.9 and 648.10.
    (v) Declaration. For the purposes of selecting vessels for observer 
deployment, a vessel must provide notice to NMFS of the vessel name; 
contact name for coordination of observer deployment; telephone number 
for contact; date, time and port of departure; and special access 
program to be fished, at least 72 hours prior to the beginning of any 
trip which it declares into the Special Access Program as required under 
this paragraph (b)(3)(v). Prior to departure from port, a vessel 
intending to participate in the Closed Area II Yellowtail Flounder SAP 
must declare into this area through the VMS, in accordance with 
instructions provided by the Regional Administrator. In addition to 
fishing in the Closed Area II Yellowtail Flounder SAP, a vessel, on the 
same trip, may also declare its intent to fish in the area outside of 
Closed Area II that resides within the Eastern U.S./Canada Area as 
defined in paragraph (a)(1)(ii) of this section, provided the vessel 
fishes in these areas under the most restrictive provisions of either 
the Closed Area II Yellowtail Flounder SAP or the Eastern U.S./Canada 
Area.
    (vi) Number of trips per vessel. Unless otherwise authorized by the 
Regional Administrator as specified in paragraph (a)(3)(iv)(D) of this 
section, eligible vessels are restricted to one trip per calendar month, 
during the season described in paragraph (b)(3)(iii) of this section.
    (vii) Maximum number of trips per fishing year. Unless otherwise 
authorized by the Regional Administrator as specified in paragraph 
(a)(3)(iv)(D) of this section, the total number of allowed trips by all 
vessels combined that may be declared into the Closed Area II Yellowtail 
Flounder SAP shall be as announced by the Regional Administrator, after 
consultation with the Council, for each fishing year, prior to June 1, 
through rulemaking consistent with the Administrative Procedure Act. The 
total number of trips by all vessels combined that may be declared into 
this SAP shall not exceed 320 trips per year. When determining the total 
number of trips, the Regional Administrator shall consider the available 
yellowtail flounder TAC under the U.S./Canada Resource Sharing 
Understanding, the potential catch of GB yellowtail flounder by all 
vessels fishing outside of the SAP, recent discard estimates in all 
fisheries that catch yellowtail flounder, and the expected number of SAP 
participants. If the Regional Administrator determines that the 
available catch, as determined by subtracting the potential catch of GB 
yellowtail flounder by all vessels outside of the SAP from the GB 
yellowtail flounder TAC allocation specified in paragraph (a)(2) of this 
section, is insufficient to allow for at least 150 trips with a 
possession limit of 15,000 lb (6,804 kg) of yellowtail flounder per 
trip, the Regional Administrator may choose not to authorize any trips 
into the SAP during a fishing year.
    (viii) Trip limits--(A) Yellowtail flounder trip limit. Unless 
otherwise authorized by the Regional Administrator as

[[Page 594]]

specified in paragraph (a)(3)(iv)(D) of this section, a vessel fishing 
in the CA II Yellowtail Flounder SAP may fish for, possess, and land up 
to 10,000 lb (4,536 kg) of yellowtail flounder per trip. The Regional 
Administrator may adjust this limit to a maximum of 30,000 lb (13,608 
kg) per trip after considering the factors listed in paragraph 
(b)(3)(vii) of this section for the maximum number of trips.
    (B) Cod and haddock trip limit. Unless otherwise restricted, a NE 
multispecies vessel fishing any portion of a trip in the Closed Area II 
Yellowtail Flounder SAP may not fish for, possess, or land more than 
1,000 lb (453.6 kg) of cod per trip, regardless of trip length. A NE 
multispecies vessel fishing in the Closed Area II Yellowtail Flounder 
SAP is subject to the haddock requirements described under Sec. 
648.86(a), unless further restricted under paragraph (a)(3)(iv) of this 
section.
    (ix) Area fished. Eligible vessels that have declared a trip into 
the Closed Area II Yellowtail Flounder SAP, and other areas as specified 
under paragraph (b)(3)(v) of this section, may not fish, during the same 
trip, outside of the declared area, and may not enter or exit the area 
more than once per trip.
    (x) Gear requirements. NE multispecies vessels fishing with trawl 
gear under a NE multispecies DAS in the Eastern U.S./Canada Areas 
defined in paragraph (a)(1) of this section must fish with a haddock 
separator trawl or a flounder trawl net, as described in paragraph 
(a)(3)(iii) of this section (both nets may be onboard the fishing vessel 
simultaneously). Gear other than the haddock separator trawl or the 
flounder trawl net as described in paragraph (a)(3)(iii) of this section 
may be on board the vessel during a trip to the Eastern U.S./Canada 
Area, provided the gear is stowed according to the regulations at Sec. 
648.23(b).
    (xi) No-discard provision and DAS flips. A vessel fishing in the CA 
II Yellowtail Flounder SAP, may not discard legal-sized regulated NE 
multispecies, Atlantic halibut, or ocean pout. If a vessel fishing in 
the CA II Yellowtail Flounder SAP exceeds an applicable trip limit, the 
vessel must exit the SAP. If a vessel operator fishing in the CA II 
Yellowtail Flounder SAP under a Category B DAS harvests and brings on 
board more legal-sized regulated NE multispecies, ocean pout, or 
Atlantic halibut than the maximum landing limits allowed per trip, 
specified under paragraph (b)(3)(iv) or (viii) of this section, or under 
Sec. 648.86, the vessel operator must immediately notify NMFS via VMS 
to initiate a DAS flip (from a Category B DAS to a Category A DAS). Once 
this notification has been received by NMFS, the vessel's entire trip 
will accrue as a Category A DAS trip. For a vessel that notifies NMFS of 
a DAS flip, the Category B DAS that have accrued between the time the 
vessel started accruing Category B DAS (i.e., either at the beginning of 
the trip, or at the time the vessel crossed into the Eastern U.S./Canada 
Area) and the time the vessel declared its DAS flip will be accrued as 
Category A DAS, and not Category B DAS.
    (xii) Minimum Category A DAS. For vessels fishing under a Category B 
DAS, the number of Category B DAS that can be used on a trip cannot 
exceed the number of available Category A DAS the vessel has at the 
start of the trip.
    (4) SNE/MA Winter Flounder SAP. A limited access NE multispecies 
vessel fishing for summer flounder west of 72[deg]30[min] W. lat., using 
mesh required under Sec. 648.104(a), may retain and land up to 200 lb 
(90.7 kg) of winter flounder while not under an NE multispecies DAS, 
provided the vessel complies with the following restrictions:
    (i) The vessel must possess a valid summer flounder permit as 
required under Sec. 648.4(a)(3), and be in compliance with the 
restrictions of subpart G of this part;
    (ii) The total amount of winter flounder on board must not exceed 
the amount of summer flounder on board;
    (iii) The vessel must not be fishing under an NE multispecies DAS; 
and
    (iv) Fishing for, retention, and possession of regulated species 
other than winter flounder is prohibited.
    (5) Incidental Catch TACs. Unless otherwise specified in this 
paragraph (b)(5), Incidental Catch TACs shall be specified through the 
periodic adjustment process described in Sec. 648.90, and allocated as 
described in this paragraph (b)(5), for each of the following

[[Page 595]]

stocks: GOM cod, GB cod, GB yellowtail flounder, GB winter flounder, CC/
GOM yellowtail flounder, American plaice, white hake, SNE/MA yellowtail 
flounder, SNE/MA winter flounder, and witch flounder. NMFS shall send 
letters to limited access NE multispecies permit holders notifying them 
of such TACs.
    (i) Stocks other than GB cod, GB yellowtail flounder, and GB winter 
flounder. With the exception of GB cod, GB yellowtail flounder, and GB 
winter flounder, the Incidental Catch TACs specified under this 
paragraph (b)(5) shall be allocated to the Regular B DAS Program 
described in paragraph (b)(6) of this section.
    (ii) GB cod. The Incidental Catch TAC for GB cod specified under 
this paragraph (b)(5) shall be subdivided as follows: 50 percent to the 
Regular B DAS Program described in paragraph (b)(6) of this section; 16 
percent to the CA I Hook Gear Haddock SAP described in paragraph (b)(7) 
of this section; and 34 percent to the Eastern U.S./Canada Haddock SAP 
described in paragraph (b)(8) of this section.
    (iii) GB yellowtail flounder and GB winter flounder. Each of the 
Incidental Catch TACs for GB yellowtail flounder and GB winter flounder 
specified under this paragraph (b)(5) shall be subdivided as follows: 50 
percent to the Regular B DAS Program described in paragraph (b)(6) of 
this section; and 50 percent to the Eastern U.S./Canada Haddock SAP 
described in paragraph (b)(8) of this section.
    (6) Regular B DAS Pilot Program--(i) Eligibility. Vessels issued a 
valid limited access NE multispecies DAS permit and allocated Regular B 
DAS are eligible to participate in the Regular B DAS Program, and may 
elect to fish under a Regular B DAS, provided they comply with the 
requirements and restrictions of this paragraph (b)(6), and provided the 
use of Regular B DAS is not restricted according to paragraphs 
(b)(6)(iv)(G) or (H), or paragraph (b)(6)(vi) of this section. Vessels 
are required to comply with the no discarding and DAS flip requirements 
specified in paragraph (b)(6)(iv)(E) of this section, and the DAS 
balance and accrual requirements specified in paragraph (b)(6)(iv)(F) of 
this section. Vessels may fish under the B Regular DAS Program and in 
the U.S./Canada Management Area on the same trip, but may not fish under 
the Regular B DAS Program and in a SAP on the same trip.
    (ii) [Reserved]
    (iii) Quarterly Incidental Catch TACs. The Incidental Catch TACs 
specified in accordance with paragraph (b)(5) of this section shall be 
divided into quarterly catch TACs as follows: The first quarter shall 
receive 13 percent of the Incidental Catch TACs and the remaining 
quarters shall each receive 29 percent of the Incidental Catch TACs. 
NMFS shall send letters to all limited access NE multispecies permit 
holders notifying them of such TACs.
    (iv) Program requirements--(A) VMS requirement. A NE multispecies 
DAS vessel fishing in the Regular B DAS Program described in paragraph 
(b)(6)(i) of this section must have installed on board an operational 
VMS unit that meets the minimum performance criteria specified in 
Sec. Sec. 648.9 and 648.10.
    (B) Observer notification. For the purposes of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS of the vessel 
name; contact name for coordination of observer deployment; telephone 
number for contact; the date, time, and port of departure; and the 
planned fishing area or areas (GOM, GB, or SNE/MA) at least 72 hr prior 
to the beginning of any trip declared into the Regular B DAS Program as 
required by paragraph (b)(6)(iv)(C) of this section, and in accordance 
with the Regional Administrator's instructions. Providing notice of the 
area that the vessel intends to fish does not restrict the vessel's 
activity on that trip to that area only (i.e., the vessel operator may 
change his/her plans regarding planned fishing areas).
    (C) VMS declaration. To participate in the Regular B DAS Program 
under a Regular B DAS, a vessel must declare into the Program via VMS 
prior to departure from port, in accordance with instructions provided 
by the Regional Administrator. A vessel declared into the Regular B DAS 
Program cannot fish in an approved SAP described under this section on 
the same trip. Mere declaration of a Regular B DAS

[[Page 596]]

Program trip does not reserve a vessel's right to fish under the 
Program, if the vessel has not crossed the VMS demarcation line.
    (D) Landing limits. Unless otherwise specified in this paragraph 
(b)(6)(iv)(D), a NE multispecies vessel fishing in the Regular B DAS 
Program described in this paragraph (b)(6), and fishing under a Regular 
B DAS, may not land more than 100 lb (45.5 kg) per DAS, or any part of a 
DAS, up to a maximum of 1,000 lb (454 kg) per trip, of any of the 
following species/stocks from the areas specified in paragraph (b)(6)(v) 
of this section: Cod, American plaice, white hake, witch flounder, SNE/
MA winter flounder, GB winter flounder, GB yellowtail flounder, southern 
windowpane flounder, and ocean pout; and may not land more than 25 lb 
(11.3 kg) per DAS, or any part of a DAS, up to a maximum of 250 lb (113 
kg) per trip of CC/GOM or SNE/MA yellowtail flounder. In addition, trawl 
vessels, which are required to fish with a haddock separator trawl as 
specified under paragraph (b)(6)(iv)(J) of this section, and other gear 
that may be required in order to reduce catches of stocks of concern as 
described under paragraph (b)(6)(iv)(J) of this section, are restricted 
to the following trip limits: 500 lb (227 kg) of all flatfish species 
(American plaice, witch flounder, winter flounder, windowpane flounder, 
and GB yellowtail flounder), combined; 500 lb (227 kg) of monkfish 
(whole weight); 500 lb (227 kg) of skates (whole weight); and zero 
possession of lobsters, unless otherwise restricted by Sec. 
648.94(b)(3).
    (E) No-discard provision and DAS flips. A vessel fishing in the 
Regular B DAS Program under a Regular B DAS may not discard legal-sized 
regulated species, ocean pout, Atlantic halibut, or monkfish. This 
prohibition on discarding does not apply in areas or times where the 
possession or landing of regulated species is prohibited. If such a 
vessel harvests and brings on board legal-sized regulated NE 
multispecies, or Atlantic halibut in excess of the allowable landing 
limits specified in paragraph (b)(6)(iv)(D) of this section or Sec. 
648.86, the vessel operator must notify NMFS immediately via VMS to 
initiate a DAS flip from a B DAS to an A DAS. Once this notification has 
been received by NMFS, the vessel shall automatically be switched by 
NMFS to fishing under a Category A DAS for its entire fishing trip. 
Thus, any Category B DAS that accrued between the time the vessel 
declared into the Regular B DAS Program at the beginning of the trip 
(i.e., at the time the vessel crossed the demarcation line at the 
beginning of the trip) and the time the vessel declared its DAS flip 
shall be accrued as Category A DAS, and not Regular B DAS. After 
flipping to a Category A DAS, the vessel is subject to the applicable 
trip limits specified under Sec. 648.86 or Sec. 648.85(a) and may 
discard fish in excess of the applicable trip limits.
    (F) Minimum Category A DAS and B DAS accrual. For a vessel fishing 
under the Regular B DAS Program, the number of Regular B DAS that may be 
used on a trip cannot exceed the number of Category A DAS that the 
vessel has at the start of the trip. If a vessel is fishing in the GOM 
Differential DAS Area or the SNE Differential DAS Area, as described in 
Sec. 648.82(e)(2)(i), the number of Regular B DAS that may be used on a 
trip cannot exceed the number of Category A DAS that the vessel has at 
the start of the trip divided by 2. For example, if a vessel plans a 
trip under the Regular B DAS Program into the GOM Differential DAS Area 
and has 10 Category A DAS available at the start of the trip, the 
maximum number of Regular B DAS that the vessel may fish under the 
Regular B Program is 5. A vessel fishing in the Regular B DAS Program 
for its entire trip shall accrue DAS in accordance with Sec. 
648.82(e)(3).
    (G) Restrictions when 100 percent of the incidental catch TAC is 
harvested. With the exception of white hake, when the Regional 
Administrator provides notification through rulemaking consistent with 
the Administrative Procedure Act, that 100 percent of one or more of 
quarterly incidental TACs specified under paragraph (b)(6)(iii) of this 
section has projected to have been harvested, the use of Regular B DAS 
shall be prohibited in the pertinent stock area(s) as defined under 
paragraph (b)(6)(v) of this section for the duration of the calendar 
quarter. The closure of a stock area to all Regular B DAS use

[[Page 597]]

will occur even if the quarterly incidental catch TACs for other stocks 
in that stock area have not been completely harvested. When the Regional 
Administrator projects that 100 percent of the quarterly white hake 
incidental catch TAC specified under paragraph (b)(6)(iii) of this 
section has been harvested, vessels fishing under a Regular B DAS, or 
that complete a trip under a Regular B DAS, will be prohibited from 
retaining white hake.
    (H) Closure of Regular B DAS Program and quarterly DAS limits. 
Unless otherwise closed as a result of the harvest of an Incidental 
Catch TAC as described in paragraph (b)(6)(iv)(G) of this section, or as 
a result of an action by the Regional Administrator under paragraph 
(b)(6)(vi) of this section, the use of Regular B DAS shall, in a manner 
consistent with the Administrative Procedure Act, be prohibited when 500 
Regular B DAS have been used during the first quarter of the fishing 
year (May-July), or when 1,000 Regular B DAS have been used during any 
of the remaining quarters of the fishing year, in accordance with Sec. 
648.82(e)(3).
    (I) Reporting requirements. The owner or operator of a NE 
multispecies DAS vessel must submit catch reports via VMS in accordance 
with instructions provided by the Regional Administrator, for each day 
fished when declared into the Regular B DAS Program. The reports must be 
submitted in 24-hr intervals for each day, beginning at 0000 hr and 
ending at 2400 hr. The reports must be submitted by 0900 hr of the 
following day. For vessels that have declared into the Regular B DAS 
Program in accordance with paragraph (b)(6)(iv)(C) of this section, the 
reports must include at least the following information: Statistical 
area fished; total pounds of haddock, yellowtail flounder, winter 
flounder, witch flounder, American plaice, and white hake kept; total 
pounds of haddock, yellowtail flounder, winter flounder, witch flounder, 
American plaice, and white hake discarded; date fish were caught; and 
VTR serial number, as instructed by the Regional Administrator. Daily 
reporting must continue even if the vessel operator is required to flip, 
as described under paragraph (b)(6)(iv)(E) of this section.
    (J) Gear requirement. (1) Vessels fishing with trawl gear in the 
Regular B DAS Program must use the haddock separator trawl or Ruhle 
Trawl net, as described under paragraphs (a)(3)(iii)(A) and 
(b)(6)(iv)(J)(3) of this section, respectively, or other type of gear if 
approved as described under this paragraph (b)(6)(iv)(J). Other gear may 
be on board the vessel, provided it is stowed when the vessel is fishing 
under the Regular B DAS Program.
    (2) Approval of additional gear. At the request of the Council or 
the Council's Executive Committee, the Regional Administrator may 
authorize additional gear for use in the Regular B DAS Program, through 
notice consistent with the Administrative Procedure Act. The proposed 
gear must satisfy standards specified in paragraph (b)(6)(iv)(J)(2)(i) 
or (ii) of this section in a completed experiment that has been reviewed 
according to the standards established by the Council's research policy 
before the gear can be considered and approved by the Regional 
Administrator. Comparisons of the criteria specified in this paragraph 
(b)(6)(iv)(J)(2) will be made to an appropriately selected control gear.
    (i) The gear must show a statistically significant reduction in 
catch of at least 50 percent (by weight, on a trip-by-trip basis) of 
each regulated species stock of concern, unless otherwise allowed in 
this paragraph (b)(6)(iv)(J)(2)(i), or other non-groundfish stocks that 
are overfished or subject to overfishing identified by the Council. This 
requirement does not apply to regulated species identified by the 
Council as not being subject to gear performance standards; or
    (ii) The catch of each regulated species stock of concern, unless 
otherwise allowed in this paragraph (b)(6)(iv)(J)(2)(ii), or other non-
groundfish stocks that are overfished or subject to overfishing 
identified by the Council, must be less than 5 percent of the total 
catch of regulated groundfish (by weight, on a trip-by-trip basis). This 
requirement does not apply to regulated species identified by the 
Council as not being subject to gear performance standards.

[[Page 598]]

    (3) Ruhle Trawl. The Ruhle Trawl is a four-seam bottom groundfish 
trawl designed to reduce the bycatch of cod while retaining or 
increasing the catch of haddock, when compared to traditional groundfish 
trawls. A Ruhle Trawl must be constructed in accordance with the 
standards described and referenced in this paragraph Sec. 
648.85(b)(6)(iv)(J)(3). The mesh size of a particular section of the 
Ruhle Trawl is measured in accordance with Sec. 648.80(f)(2), unless 
insufficient numbers of mesh exist, in which case the maximum total 
number of meshes in the section will be measured (between 2 and 20 
meshes).
    (i) The net must be constructed with four seams (i.e., a net with a 
top and bottom panel and two side panels), and include at least the 
following net sections as depicted in Figure 1 of this part 
ANomenclature for 4-seam Ruhle Trawl@ (this figure is also available 
from the Administrator, Northeast Region): Top jib, bottom jib, jib side 
panels (x 2), top wing, bottom wing, wing side panels (x 2), square, 
bunt, square side panels (x 2), first top belly, first bottom belly, 
first belly side panels (x 2), second top belly, second bottom belly, 
second belly side panels (x 2), and third bottom belly.
    (ii) The first bottom belly, bunt, the top and bottom wings, and the 
top and bottom jibs, jib side panels, and wing side panels (the first 
bottom belly and all portions of the net in front of the first bottom 
belly, with the exception of the square and the square side panels) must 
be at least two meshes long in the fore and aft direction. For these net 
sections, the stretched length of any single mesh must be at least 7.9 
ft (240 cm), measured in a straight line from knot to knot.
    (iii) Mesh size in all other sections must be consistent with mesh 
size requirements specified under Sec. 648.80 and meet the following 
minimum specifications: Each mesh in the square, square side panels, and 
second bottom belly must be 31.5 inches (80 cm); each mesh in the first 
and second top belly, the first belly side panels, and the third bottom 
belly must be at least 7.9 inches (20 cm); and 6 inches (15.24 cm) or 
larger in sections following the second top belly and third bottom belly 
sections, all the way to the codend. The mesh size requirements of the 
top sections apply to the side panel sections.
    (iv) The trawl must have a fishing circle of at least 398 ft (121.4 
m). This number is calculated by separately counting the number of 
meshes for each section of the net at the wide, fore end of the first 
bottom belly, and then calculating a stretched length as follows: For 
each section of the net (first bottom belly, two belly side panels and 
first top belly) multiply the number of meshes times the length of each 
stretched mesh to get the stretched mesh length for that section, and 
then add the sections together. For example, if the wide, fore end of 
the bottom belly of the Ruhle Trawl is 22 meshes (and the mesh is at 
least 7.9 ft (240 cm)), the stretched mesh length for that section of 
the net is derived by multiplying 22 times 7.9 ft (240 cm) and equals 
173.2 ft (52.8 m). The top and sides (x 2) of the net at this point in 
the trawl are 343 meshes (221 + 61 + 61, respectively) (each 7.9 inches 
(20 cm)), which equals 225.1 ft (68.6 m) stretched length. The stretched 
lengths for the different sections of mesh are added together (173.2 ft 
+ 225.1 ft (52.8 + 68.6 m)) and result in the length of the fishing 
circle, in this case 398.3 ft (121.4 m).
    (v) The trawl must have a single or multiple kite panels with a 
total surface area of at least 29.1 sq. ft. (2.7 sq. m) on the forward 
end of the square to help maximize headrope height, for the purpose of 
capturing rising fish. A kite panel is a flat structure, usually semi-
flexible used to modify the shape of trawl and mesh openings by 
providing lift when a trawl is moving through the water.
    (vi) The sweep must include rockhoppers of various sizes, which are 
arranged along the sweep in size order, graduated from 16-inch (40-cm) 
diameter in the sweep center down to 12-inch (30-cm) diameter at the 
wing ends. There must be six or fewer 12- to16-inch (30- to 40-cm) 
rockhopper discs over any 10-ft (3.0-m) length of the sweep. The 12- 
to16- inch (30- to 40-cm) discs (minimum size) must be spaced evenly, 
with one disc placed approximately every 2 ft (60 cm) along the sweep. 
The 12- to 16-inch (30- to 40-cm)

[[Page 599]]

discs must be separated by smaller discs, no larger than 3.5 inches (8.8 
cm) in diameter.
    (v) Definition of incidental TAC stock areas. Under the Regular B 
DAS Program, the species stock areas associated with the incidental TACs 
are defined below. Copies of a chart depicting these areas are available 
upon request from the Regional Administrator.
    (vi) Closure of the Regular B DAS Program. The Regional 
Administrator, based upon information required under Sec. Sec. 648.7, 
648.9, 648.10, or 648.85, and any other relevant information may, in a 
manner consistent with the Administrative Procedure Act, prohibit the 
use of Regular B DAS for the duration of a quarter or fishing year, if 
it is projected that continuation of the Regular B DAS Program would 
undermine the achievement of the objectives of the FMP or Regular B DAS 
Program. Reasons for terminating the program include, but are not 
limited to the following: Inability to constrain catches to the 
Incidental Catch TACs; evidence of excessive discarding; a significant 
difference in flipping rates between observed and unobserved trips; or 
insufficient observer coverage to adequately monitor the program.
    (7) CA I Hook Gear Haddock SAP--(i) Eligibility. Vessels issued a 
valid limited access NE multispecies DAS permit are eligible to 
participate in the CA I Hook Gear Haddock SAP, and may fish in the CA I 
Hook Gear Haddock Access Area, as described in paragraph (b)(7)(ii) of 
this section, for the season specified in paragraph (b)(7)(iii) of this 
section, provided such vessels comply with the requirements of this 
section, and provided the SAP is not closed according to the provisions 
specified under paragraph (b)(7)(iv)(I) or (b)(7)(vi)(F) of this 
section. Copies of a chart depicting this area are available from the 
Regional Administrator upon request.
    (ii) CA I Hook Gear Haddock Access Area. The CA I Hook Gear Haddock 
Access Area is the area defined by straight lines connecting the 
following points in the order stated:

               Closed Area I Hook Gear Haddock Access Area
------------------------------------------------------------------------
                 Point                      N. Lat.          W. Long.
------------------------------------------------------------------------
Hook 1................................         41[deg]          69[deg]
                                             25.6[min]        20.2[min]
Hook 2................................         41[deg]          69[deg]
                                             29.2[min]        08.1[min]
Hook 3................................         41[deg]          68[deg]
                                             08.5[min]        50.2[min]
Hook 4................................         41[deg]          69[deg]
                                             06.4[min]        03.3[min]
------------------------------------------------------------------------

    (iii) Season. The overall season for the CA I Hook Gear Haddock SAP 
is October 1 through December 31, which is divided into two 
participation periods, one for Sector and one for non-Sector vessels. 
For the 2006 fishing year and beyond, the participation periods shall 
alternate between Sector and non-Sector vessels such that, in fishing 
year 2006, the participation period for non-Sector vessels is October 1 
through November 15, and the participation period for Sector vessels is 
November 16 through December 31. The Regional Administrator may adjust 
the start date of the second participation period prior to November 16 
if the haddock TAC for the first participation period specified in 
paragraph (b)(7)(iv)(F) of this section is harvested prior to November 
15.
    (iv) General program restrictions. General program restrictions 
specified in this paragraph (b)(7)(iv) apply to all eligible vessels as 
specified in paragraph (b)(7)(i) of this section. Further program 
restrictions specific to Sector and non-Sector vessels are specified in 
paragraphs (b)(7)(iii), (v), and (vi) of this section.
    (A) DAS use restrictions. Vessels fishing in the Closed Area I Hook 
Gear Haddock SAP may not initiate a DAS flip. Vessels are prohibited 
from fishing in the Closed Area I Hook Gear Haddock SAP while making a 
trip under the Regular B DAS Program described in paragraph (b)(6) of 
this section. DAS will be charged as described in Sec. 648.10.
    (B) VMS requirement. An eligible NE multispecies DAS vessel fishing 
in the CA I Hook Gear Haddock SAP specified in this paragraph (b)(7) 
must have installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec. Sec. 648.9 and 648.10.
    (C) Observer notifications. Starting in the 2006 fishing year, to be 
eligible to participate in the CA I Hook Gear Haddock SAP, a vessel must 
notify the

[[Page 600]]

NMFS Observer Program by September 1 of its intent to participate in 
that year. For the 2005 fishing year, for non-Sector vessels to be 
eligible to participate, non-Sector vessels must notify the NMFS 
Observer Program by October 24. This notification need not include 
specific information about the date of the trip. For the purpose of 
selecting vessels for observer deployment, a vessel must provide notice 
to NMFS of the vessel name; contact name for coordination of observer 
deployment; telephone number for contact; and date, time, and port of 
departure at least 72 hours prior to the beginning of any trip that it 
declares into the CA I Hook Gear Haddock SAP, as required in paragraph 
(b)(7)(iv)(D) of this section, and in accordance with instructions 
provided by the Regional Administrator.
    (D) VMS declaration. Prior to departure from port, a vessel 
intending to participate in the CA I Hook Gear Haddock SAP must declare 
into the SAP via VMS, and indicate the type of DAS that it intends to 
fish. A vessel declared into the CA I Hook Gear Haddock SAP may fish 
only on a declared trip in the CA I Hook Gear Haddock Special Access 
Area described under paragraph (b)(7)(ii) of this section.
    (E) Gear restrictions. A vessel declared into and fishing in the CA 
I Hook Gear Haddock SAP may fish with and possess on board demersal 
longline gear or tub trawl gear only, unless further restricted as 
specified under paragraph (b)(7)(v)(B) of this section.
    (F) Haddock TAC--(1) Allocation and Distribution. The maximum total 
amount of haddock that may be caught (landings and discards) in the 
Closed Area I Hook Gear SAP Area in any fishing year is based upon the 
size of the TAC allocated for the 2004 fishing year (1,130 mt live 
weight), adjusted according to the growth or decline of the western GB 
(WGB) haddock exploitable biomass (in relationship to its size in 2004), 
according to the following formula: BiomassYEAR!X= (1,130 mt 
live weight) x (Projected WGB Haddock Exploitable BiomassYEAR
!X/WGB Haddock Exploitable Biomass2004). The size of 
the western component of the stock is considered to be 35 percent of the 
total stock size, unless modified by a stock assessment. The maximum 
amount of haddock that may be caught in this SAP during each fishing 
year is divided evenly between the two participation periods of October 
1 - November 15 and November 16 - December 31, as specified in paragraph 
(b)(7)(iii) of this section. The Regional Administrator shall specify 
the haddock TAC for the SAP, in a manner consistent with applicable law.
    (2) Adjustments to the haddock TAC. The Regional Administrator may 
adjust the portion of the haddock TAC specified for the second 
participation period to account for under- or over-harvest of the 
portion of the haddock TAC (landings and discards) that was harvested 
during the first participation period, not to exceed the overall haddock 
TAC specified in this paragraph (b)(7)(iv)(F).
    (G) Trip restrictions. A vessel is prohibited from deploying fishing 
gear outside of the Closed Area I Hook Gear Haddock SAP Area on the same 
fishing trip on which it is declared into the Closed Area I Hook Gear 
Haddock SAP, and must exit the SAP if the vessel exceeds the applicable 
landing limits described in paragraph (b)(7)(iv)(H) of this section.
    (H) Landing limits. For all eligible vessels declared into the 
Closed Area I Hook Gear Haddock SAP described in paragraph (b)(7)(i) of 
this section, landing limits for NE multispecies other than cod, which 
are specified at paragraphs (b)(7)(v)(C) and (b)(7)(vi)(C) of this 
section, are as specified at Sec. 648.86. Such vessels are prohibited 
from discarding legal-sized regulated NE multispecies, Atlantic halibut, 
and ocean pout, and must exit the SAP and cease fishing if any trip 
limit is achieved or exceeded.
    (I) Mandatory closure of CA I Hook Gear Haddock Access Area. When 
the Regional Administrator determines that the haddock TAC specified in 
paragraph (b)(7)(iv)(F) of this section has been caught, NMFS shall 
close, through rulemaking consistent with the Administrative Procedure 
Act, the CA I Hook Gear Haddock SAP Area as specified in paragraph 
(b)(7)(ii) of this section, to all eligible vessels.

[[Page 601]]

    (v) Sector vessel program restrictions. In addition to the general 
program restrictions specified at paragraph (b)(7)(iv) of this section, 
the restrictions specified in this paragraph (b)(7)(v) apply only to 
Sector vessels declared into the CA I Hook Gear Haddock SAP.
    (A) DAS use restrictions. Sector vessels fishing in the CA I Hook 
Gear Haddock SAP may use Category A, Regular B, or Reserve B DAS, in 
accordance with Sec. 648.82(d).
    (B) Gear restrictions. A vessel enrolled in the Sector is subject to 
the gear requirements of the Sector Operations Plan as approved under 
Sec. 648.87(d).
    (C) Landing limits. A Sector vessel declared into the CA I Hook Gear 
Haddock SAP described in paragraph (b)(7)(i) of this section is subject 
to the cod landing limit in effect under the Sector's Operations Plan as 
approved under Sec. 648.87(d).
    (D) Reporting requirements. The owner or operator of a Sector vessel 
declared into the Closed Area I Hook Gear Haddock SAP must submit 
reports to the Sector Manager, with instructions to be provided by the 
Sector Manager, for each day fished in the Closed Area I Hook Gear 
Haddock SAP Area. The Sector Manager shall provide daily reports to 
NMFS, including at least the following information: Total pounds of 
haddock, cod, yellowtail flounder, winter flounder, witch flounder, 
American plaice, and white hake kept; total pounds of haddock, cod, 
yellowtail flounder, winter flounder, witch flounder, American plaice, 
and white hake discarded; date fish were caught; and VTR serial number, 
as instructed by the Regional Administrator. Daily reporting must 
continue even if the vessel operator is required to exit the SAP as 
required under paragraph (b)(7)(iv)(F) of this section.
    (E) GB cod incidental catch TAC. There is no GB cod incidental catch 
TAC specified for Sector vessels declared into the CA I Hook Gear 
Haddock SAP. All cod caught by Sector vessels fishing in the SAP count 
toward the Sector's annual GB cod TAC, specified in Sec. 
648.87(d)(1)(iii).
    (vi) Non-Sector vessel program restrictions. In addition to the 
general program restrictions specified in paragraph (b)(7)(iv) of this 
section, the restrictions specified in this paragraph (b)(7)(vi) apply 
only to non-Sector vessels declared into the CA I Hook Gear Haddock SAP.
    (A) DAS use restrictions. Non-Sector vessels fishing in the CA I 
Hook Gear Haddock SAP may use Regular B or Reserve B DAS, in accordance 
with Sec. 648.82(d)(2)(i)(A) and (d)(2)(ii)(A). A non-Sector vessel is 
prohibited from using A DAS when declared into the SAP.
    (B) Gear restrictions. A non-Sector vessel declared into the CA I 
Hook Gear Haddock SAP is exempt from the maximum number of hooks 
restriction specified in Sec. 648.80(a)(4)(v).
    (C) Landing limits. A non-Sector vessel declared into the CA I Hook 
Gear Haddock SAP described in paragraph (b)(7)(i) of this section may 
not land, fish for, or possess on board more than 1,000 lb (453.6 kg) of 
cod per trip. A non-Sector vessel is not permitted to discard legal-
sized cod prior to reaching the landing limit, and is required to end 
its trip if the cod trip limit is achieved or exceeded.
    (E) GB cod incidental catch TAC. The maximum amount of GB cod 
(landings and discards) that may be cumulatively caught by non-Sector 
vessels from the CA I Hook Gear Haddock Access Area in a fishing year is 
the amount specified under paragraph (b)(5)(ii) of this section.
    (F) Mandatory closure of CA I Hook Gear Haddock Access Area due to 
catch of GB cod incidental catch TAC. When the Regional Administrator 
determines that the GB cod incidental catch TAC specified in paragraph 
(b)(7)(vi)(E) of this section has been caught, NMFS shall close, through 
rulemaking consistent with the Administrative Procedure Act, the CA I 
Hook Gear Haddock Access Area to all non-Sector fishing vessels.
    (8) Eastern U.S./Canada Haddock SAP--(i) Eligibility. A vessel 
issued a valid limited access NE multispecies DAS permit, and fishing 
with trawl gear as specified in paragraph (b)(8)(v)(E) of this section, 
is eligible to participate in the Eastern U.S./Canada Haddock SAP, and 
may fish in the Eastern U.S./Canada Haddock SAP Area, as described in 
paragraph

[[Page 602]]

(b)(8)(ii) of this section, during the season specified in paragraph 
(b)(8)(iv) of this section, provided such vessel complies with the 
requirements of this section, and provided the SAP is not closed 
according to the provisions specified in paragraphs (b)(8)(v)(K) or (L) 
of this section, or the Eastern U.S./Canada Area is not closed as 
described under paragraph (a)(3)(iv)(E) of this section.
    (ii) Eastern U.S./Canada Haddock SAP Area. The Eastern U.S./Canada 
Haddock SAP Area is the area defined by straight lines connecting the 
following points in the order stated:

                  Eastern U.S./Canada Haddock SAP Area
------------------------------------------------------------------------
                 Point                      N. Lat.          W. Long.
------------------------------------------------------------------------
CAII3.................................  42[deg] 22[min]  67[deg] 20[min]
                                                                  \(1)\
SAP1..................................  42[deg] 20[min]  67[deg] 20[min]
SAP2..................................  42[deg] 20[min]  67[deg] 40[min]
SAP3..................................  41[deg] 10[min]  67[deg] 40[min]
SAP4..................................  41[deg] 10[min]  67[deg] 20[min]
SAP5..................................  42[deg] 10[min]  67[deg] 20[min]
SAP6..................................  42[deg] 10[min]  67[deg] 10[min]
CAII3.................................  42[deg] 22[min]  67[deg] 20[min]
                                                                 \(1)\
------------------------------------------------------------------------
\(1)\ U.S./Canada maritime boundary.

    (iii) [Reserved]
    (iv) Season. An eligible vessel may fish in the Eastern U.S./Canada 
Haddock SAP from August 1 through December 31.
    (v) Program restrictions--(A) DAS use restrictions. A vessel fishing 
in the Eastern U.S./Canada Haddock SAP may elect to fish under a 
Category A or Category B DAS, in accordance with Sec. 
648.82(d)(2)(i)(A) and the restrictions of this paragraph (b)(8)(v)(A).
    (1) If fishing under a Category B DAS, a vessel is required to 
comply with the no discarding and DAS flip requirements specified in 
paragraph (b)(8)(v)(I) of this section, and the minimum Category A DAS 
requirements of paragraph (b)(8)(v)(J) of this section.
    (2) A vessel that is declared into the Eastern U.S./Canada Haddock 
SAP described in paragraph (b)(8)(i) of this section may fish, on the 
same trip, in the Eastern U.S./Canada Haddock SAP Area and in the Closed 
Area II Yellowtail Flounder Access Area, described in paragraph 
(b)(3)(ii) of this section, under either a Category A DAS or a Category 
B DAS.
    (3) A vessel may choose, on the same trip, to fish in either/both 
the Eastern U.S./Canada Haddock SAP Program and the Closed Area II 
Yellowtail Flounder Access Area, and in the portion of the Eastern U.S./
Canada Area described in paragraph (a)(1)(ii) of this section that lies 
outside of these two SAPs, provided the vessel fishes under a Category A 
DAS and abides by the VMS restrictions of paragraph (b)(8)(v)(D) of this 
section. Such a vessel may also elect to fish outside of the Eastern 
U.S./Canada Area on the same trip, in accordance with the restrictions 
of paragraph (a)(3)(ii)(A) of this section.
    (4) A vessel that elects to fish in multiple areas, as described in 
this paragraph (b)(8)(v)(A), must fish under the most restrictive DAS 
counting, trip limits, and reporting requirements of the areas fished 
for the entire trip, including those in paragraph (a)(3)(ii)(A)(3) of 
this section.
    (B) VMS requirement. A NE multispecies DAS vessel fishing in the 
Eastern U.S./Canada Haddock SAP Program specified under paragraph 
(b)(8)(i) of this section, must have installed on board an operational 
VMS unit that meets the minimum performance criteria specified in 
Sec. Sec. 648.9 and 648.10.
    (C) Observer notifications. For the purpose of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS of the vessel 
name; contact name for coordination of observer deployment; telephone 
number for contact; areas to be fished; and date, time, and port of 
departure at least 72 hours prior to the beginning of any trip that it 
declares into the Eastern U.S./Canada Haddock SAP Program specified in 
paragraph (b)(8)(i) of this section, as required under paragraph 
(b)(8)(v)(D) of this section, and in accordance with instructions 
provided by the Regional Administrator.
    (D) VMS declaration. Prior to departure from port, a vessel 
intending to participate in the Eastern U.S./Canada Haddock SAP must 
declare into the SAP via VMS and provide information on the type of DAS 
(Category A, Regular B, or Reserve B) that it intends to fish, and on 
the areas within the Eastern U.S./Canada Area that it intends to fish, 
in accordance with paragraph

[[Page 603]]

(b)(8)(v)(A) of this section and instructions provided by the Regional 
Administrator.
    (E) Gear requirement--(1) A NE multispecies vessel fishing in the 
Eastern U.S./Canada Haddock SAP must use the haddock separator trawl or 
Ruhle Trawl net, as described under paragraphs (a)(3)(iii)(A) and 
(b)(6)(iv)(J)(3) of this section, respectively, or other type of gear, 
if approved as described under this paragraph (b)(8)(v)(E). No other 
type of fishing gear may be on the vessel when on a trip in the Eastern 
U.S./Canada Haddock SAP, with the exception of a flounder net, as 
described in paragraph (a)(3)(iii) of this section, provided that the 
flounder net is stowed in accordance with Sec. 648.23(b).
    (2) Approval of additional gear. The Regional Administrator may 
authorize additional gear for use in the Eastern U.S./Canada Haddock SAP 
in accordance with the standards and requirements specified at Sec. 
648.85(b)(6)(iv)(J)(2).
    (3) Approval of additional gear. The Regional Administrator may 
authorize additional gear for use in the Eastern U.S./Canada Haddock SAP 
in accordance with the standards and requirements specified at paragraph 
(b)(10)(iv)(J)(2) of this section.
    (F) Landing limits. Unless otherwise restricted, a vessel fishing 
any portion of a trip in the Eastern U.S./Canada Haddock SAP may not 
fish for, possess, or land more than 1,000 lb (453.6 kg) of cod, per 
trip, regardless of trip length. A NE multispecies vessel fishing in the 
Eastern U.S./Canada Haddock SAP is subject to the haddock requirements 
described under Sec. 648.86(a), unless further restricted under 
paragraph (a)(3)(iv) of this section. A NE multispecies vessel fishing 
in the Eastern U.S./Canada Haddock SAP under a Category B DAS may not 
land more than 100 lb (45.5 kg) per DAS, or any part of a DAS, of GB 
yellowtail flounder and 100 lb (45.5 kg) of GB winter flounder, up to a 
maximum of 500 lb (227 kg) of all flatfish species, combined. Possession 
of monkfish (whole weight), and skates (whole weight) is limited to 500 
lb (227 kg) each, and possession of lobsters is prohibited.
    (G) Reporting requirements. The owner or operator of a vessel 
declared into the Eastern U.S./Canada Haddock SAP, as described in 
paragraph (b)(8) of this section, must submit reports in accordance with 
the reporting requirements described in paragraph (a)(3)(v) of this 
section.
    (H) Incidental TACs. The maximum amount of GB cod, and the amount of 
GB yellowtail flounder and GB winter flounder, both landings and 
discards, that may be caught when fishing in the Eastern U.S./Canada 
Haddock SAP Program in a fishing year by vessels fishing under a 
Category B DAS, as authorized in paragraph (b)(8)(v)(A), is the amount 
specified in paragraphs (b)(5)(ii) and (iii), respectively.
    (I) No discard provision and DAS flips. A vessel fishing in the 
Eastern U.S./Canada Haddock SAP Program may not discard legal-sized 
regulated NE multispecies, Atlantic halibut, and ocean pout. If a vessel 
fishing in the Eastern U.S./Canada Haddock SAP under a Category B DAS 
exceeds the applicable maximum landing limit per trip specified under 
paragraph (b)(8)(v)(F) of this section, or under Sec. 648.86, the 
vessel operator must retain the fish and immediately notify NMFS via VMS 
to initiate a DAS flip (from a Category B DAS to a Category A DAS). 
After flipping to a Category A DAS, the vessel is subject to all 
applicable landing limits specified under Sec. 648.85(a) or Sec. 
648.86. If a vessel fishing in this SAP while under a Category B DAS or 
a Category A DAS exceeds a trip limit specified under paragraph 
(b)(8)(v)(F) of this section or Sec. 648.86, or other applicable trip 
limit, the vessel must immediately exit the SAP area defined under 
paragraph (b)(8)(ii) of this section for the remainder of the trip. For 
a vessel that notifies NMFS of a DAS flip, the Category B DAS that have 
accrued between the time the vessel started accruing Category B DAS and 
the time the vessel declared its DAS flip will be accrued as Category A 
DAS, and not Category B DAS.
    (J) Minimum Category A DAS. To fish under a Category B DAS, the 
number of Category B DAS that can be used on a trip cannot exceed the 
number of available Category A DAS the vessel has at the start of the 
trip.
    (K) Mandatory closure of Eastern U.S./Canada Haddock SAP. When the 
Regional Administrator projects that one

[[Page 604]]

or more of the TAC allocations specified in paragraph (b)(8)(v)(H) of 
this section has been caught by vessels fishing under Category B DAS, 
NMFS shall prohibit the use of Category B DAS in the Eastern U.S./Canada 
Haddock SAP, through publication in the Federal Register consistent with 
the Administrative Procedure Act. In addition, the closure regulations 
described in paragraph (a)(3)(iv)(E) of this section shall apply to the 
Eastern U.S./Canada Haddock SAP Program.
    (L) General closure of the Eastern U.S./Canada Haddock SAP Area. The 
Regional Administrator, based upon information required under Sec. 
648.7, 648.9, 648.10, or 648.85, and any other relevant information may, 
through rulemaking consistent with the Administrative Procedure Act, 
close the Eastern U.S./Canada Haddock SAP Pilot Program for the duration 
of the season, if it is determined that continuation of the Eastern 
U.S./Canada Haddock SAP Pilot Program would undermine the achievement of 
the objectives of the FMP or the Eastern U.S./Canada Haddock SAP Pilot 
Program.
    (M) Incidental TACs. The maximum amount of GB cod, and the amount of 
GB yellowtail flounder, GB winter flounder, and pollock, both landings 
and discards, that may be caught when fishing in the Eastern U.S./Canada 
Haddock SAP Program in a fishing year by vessels fishing under a 
Category B DAS, as authorized in paragraph (b)(8)(v)(A) of this section, 
is the amount specified in paragraphs (b)(9)(ii), (iii), and (iv) of 
this section, respectively.
    (N) Mandatory closure of Eastern U.S./Canada Haddock SAP. When the 
Regional Administrator projects that one or more of the TAC allocations 
specified in paragraph (b)(8)(v)(M) of this section has been caught by 
vessels fishing under Category B DAS, NMFS shall prohibit the use of 
Category B DAS in the Eastern U.S./Canada Haddock SAP, through 
publication in the Federal Register consistent with the Administrative 
Procedure Act. In addition, the closure regulations described in 
paragraph (a)(3)(iv)(E) of this section shall apply to the Eastern U.S./
Canada Haddock SAP Program.
    (9) Incidental Catch TACs. Unless otherwise specified in this 
paragraph (b)(9), Incidental Catch TACs shall be specified through the 
periodic adjustment process described in Sec. 648.90, and allocated as 
described in this paragraph (b)(9), for each of the following stocks: 
GOM cod, GB cod, GB yellowtail flounder, GB winter flounder, GOM winter, 
white hake, CC/GOM yellowtail flounder, SNE/MA yellowtail flounder, 
witch flounder, and pollock. NMFS shall send letters to limited access 
NE multispecies permit holders notifying them of such TACs.
    (i) Stocks other than GB cod, GB yellowtail flounder, GB winter 
flounder, and pollock. With the exception of GB cod, GB yellowtail 
flounder, GB winter flounder, and pollock, the Incidental Catch TACs 
specified under this paragraph (b)(9) shall be allocated to the Regular 
B DAS Program described in paragraph (b)(10) of this section.
    (ii) GB cod. The Incidental TAC for GB cod specified under this 
paragraph (b)(9) shall be subdivided as follows: 70 percent to the 
Regular B DAS Program described in paragraph (b)(10) of this section; 16 
percent to the CA I Hook Gear Haddock SAP described in paragraph (b)(7) 
of this section; and 14 percent to the Eastern U.S./Canada Haddock SAP 
described in paragraph (b)(8) of this section.
    (iii) GB yellowtail flounder and GB winter flounder. Each of the 
Incidental Catch TACs for GB yellowtail flounder and GB winter flounder 
specified under this paragraph (b)(9) shall be subdivided as follows: 80 
percent to the Regular B DAS Program described in paragraph (b)(10) of 
this section; and 20 percent to the Eastern U.S./Canada Haddock SAP 
described in paragraph (b)(8) of this section.
    (iv) Pollock. The Incidental TAC for pollock specified under this 
paragraph (b)(9) shall be subdivided as follows: 90 percent to the 
Regular B DAS Program described in paragraph (b)(10) of this section; 5 
percent to the CA I Hook Gear Haddock SAP described in paragraph (b)(7) 
of this section; and 5 percent to the Eastern U.S./Canada Haddock SAP 
described in paragraph (b)(8) of this section.

[[Page 605]]

    (10) Regular B DAS Program--(i) Eligibility. Vessels issued a valid 
limited access NE multispecies DAS permit and allocated Regular B DAS 
are eligible to participate in the Regular B DAS Program and may elect 
to fish under a Regular B DAS, provided they comply with the 
requirements and restrictions of this paragraph (b)(10), and provided 
the use of Regular B DAS is not restricted according to paragraphs 
(b)(10)(iv)(G) or (H) of this section, or paragraph (b)(10)(vi) of this 
section. Vessels are required to comply with the no discarding and DAS 
flip requirements specified in paragraph (b)(10)(iv)(E) of this section 
and the DAS balance and accrual requirements specified in paragraph 
(b)(10)(iv)(F) of this section. Vessels may fish under the B Regular DAS 
Program and in the U.S./Canada Management Area on the same trip, but may 
not fish under the Regular B DAS Program and in a SAP on the same trip.
    (ii) [Reserved]
    (iii) Quarterly Incidental Catch TACs. The Incidental Catch TACs 
specified in accordance with paragraph (b)(9) of this section shall be 
divided into quarterly catch TACs as follows: The first quarter shall 
received 13 percent of the Incidental Catch TACs and the remaining three 
quarters shall each receive 29 percent of the Incidental Catch TACs. 
When the Regional Administrator projects that there is uncaught TAC in 
quarters one, two, or three, the uncaught TAC will be added to the TAC 
allocated for the subsequent quarter. Uncaught TAC at the end of the 
fishing year will not be added to allocations in subsequent fishing 
years. NMFS shall send letters to all limited access NE multispecies 
permit holders notifying them of such TACs and any adjustments to such 
TACs.
    (iv) Program requirements--(A) VMS requirement. A NE multispecies 
DAS vessel fishing in the Regular B DAS Program described in paragraph 
(b)(10)(i) of this section must have installed on board an operational 
VMS unit that meets the minimum performance criteria specified in 
Sec. Sec. 648.9 and 648.10.
    (B) Observer notification. For the purposes of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS of the vessel 
name; contact name for coordination of observer deployment; telephone 
number for contact; the date, time, and port of departure; and the 
planned fishing area or areas (GOM, GB, or SNE/MA) at least 72 hr prior 
to the beginning of any trip that it declares into the Regular B DAS 
Program, as required under paragraph (b)(10)(iv)(C) of this section, and 
in accordance with instructions provided by the Regional Administrator. 
Providing notice of the area that the vessel intends to fish does not 
restrict the vessel's activity to only that area on that trip (i.e., the 
vessel operator may change his/her plans regarding planned fishing 
area).
    (C) VMS declaration. To participate in the Regular B DAS Program 
under a Regular B DAS, a vessel must declare into the Program via VMS 
prior to departure from port, in accordance with instructions provided 
by the Regional Administrator. A vessel declared into the Regular B DAS 
Program cannot fish in an approved SAP described under this section on 
the same trip. Mere declaration of a Regular B DAS Program trip does not 
reserve a vessel's right to fish under the Program, if the vessel has 
not crossed the VMS demarcation line.
    (D) Landing limits. Unless otherwise specified in this paragraph 
(b)(10)(iv)(D), a NE multispecies vessel fishing in the Regular B DAS 
Program described in this paragraph (b)(10), and fishing under a Regular 
B DAS, may not land more than 100 lb (45.5 kg) per DAS, or any part of a 
DAS, up to a maximum of 1,000 lb (454 kg) per trip of any of the 
following species/stocks from the areas specified in paragraph 
(b)(10)(v) of this section: Cod, pollock, white hake, witch flounder, GB 
winter flounder, GB yellowtail flounder, and southern windowpane 
flounder; and may not land more than 25 lb (11.3 kg) per DAS, or any 
part of a DAS, up to a maximum of 250 lb (113 kg) per trip of CC/GOM or 
SNE/MA yellowtail flounder. In addition, trawl vessels that are required 
to fish with a haddock separator trawl or Ruhle trawl, as specified 
under paragraph (b)(10)(iv)(J) of this section, gillnet gear, and other 
gear that may be required in order to reduce catches of stocks of 
concern as described under paragraph (b)(10)(iv)(J) of

[[Page 606]]

this section, are restricted to the following trip limits: 500 lb (227 
kg) of all flatfish species (American plaice, witch flounder, winter 
flounder (GOM or GB), windowpane flounder (south), and yellowtail 
flounder), combined; 500 lb (227 kg) of monkfish (whole weight); 500 lb 
(227 kg) of skates (whole weight); and zero possession of lobsters, 
ocean pout, SNE/MA winter flounder, and windowpane flounder (north), 
unless otherwise restricted by Sec. 648.94(b)(3).
    (E) No-discard provision and DAS flips. A vessel fishing in the 
Regular B DAS Program under a Regular B DAS may not discard legal-sized 
regulated species, Atlantic halibut, or monkfish, unless otherwise 
specified in this paragraph (b)(10)(iv)(E). This prohibition on 
discarding does not apply to ocean pout, windowpane (north), or SNE 
winter flounder, or in areas or times where the possession or landing of 
regulated species is prohibited. If such a vessel harvests and brings on 
board legal-sized regulated NE multispecies, or Atlantic halibut unless 
exempted, as specified in this paragraph (b)(10)(iv)(E), in excess of 
the allowable landing limits specified in paragraph (b)(10)(iv)(D) of 
this section, or Sec. 648.86, the vessel operator must notify NMFS 
immediately via VMS to initiate a DAS flip from a B DAS to an A DAS. 
Once this notification has been received by NMFS, the vessel shall 
automatically be switched by NMFS to fishing under a Category A DAS for 
its entire fishing trip. Thus, any Category B DAS that accrued between 
the time the vessel declared into the Regular B DAS Program at the 
beginning of the trip (i.e., at the time the vessel crossed the 
demarcation line at the beginning of the trip) and the time the vessel 
declared its DAS flip shall be accrued as Category A DAS, and not 
Regular B DAS. After flipping to a Category A DAS, the vessel is subject 
to the applicable trip limits specified under Sec. 648.86 or paragraph 
(a) of this section and may discard fish in excess of the applicable 
trip limits.
    (F) Minimum Category A DAS and B DAS accrual. For a vessel fishing 
under the Regular B DAS Program, the number of Regular B DAS that may be 
used on a trip cannot exceed the number of Category A DAS that the 
vessel has at the start of the trip. If a vessel is fishing any part of 
a trip in one or both of the differential DAS areas, as described in 
Sec. 648.82(e)(4)(i), the number of Regular B DAS that may be used on a 
trip cannot exceed the number of Category A DAS that the vessel has at 
the start of the trip divided by two. For example, if a vessel plans a 
trip under the Regular B DAS Program into the Interim SNE Differential 
DAS Area and has 10 Category A DAS available at the start of the trip, 
the maximum number of Regular B DAS that the vessel may fish under the 
Regular B DAS Program is 5. A vessel fishing in the Regular B DAS 
Program for its entire trip shall accrue DAS in accordance with Sec. 
648.82(e)(5).
    (G) Restrictions when 100 percent of the incidental catch TAC is 
harvested. With the exception of white hake, witch flounder, and 
pollock, when the Regional Administrator provides notification through 
methods consistent with the Administrative Procedure Act that 100 
percent of one or more of quarterly incidental TACs specified under 
paragraph (b)(10)(iii) of this section have been projected to have been 
harvested, the use of Regular B DAS shall be prohibited in the pertinent 
stock area(s) as defined under paragraph (b)(10)(v) of this section for 
the duration of the calendar quarter. The closure of a stock area to all 
Regular B DAS use shall occur even if the quarterly incidental catch 
TACs for other stocks in that stock area have not been completely 
harvested. When the Regional Administrator projects that 100 percent of 
the quarterly white hake, witch flounder, or pollock incidental catch 
TAC specified under paragraph (b)(10)(iii) of this section has been 
harvested, vessels fishing under a Regular B DAS, or that complete a 
trip under a Regular B DAS, shall be prohibited from retaining white 
hake, witch flounder, or pollock, respectively.
    (H) Closure of Regular B DAS Program and quarterly DAS limits. 
Unless otherwise closed as a result of the harvest of an Incidental 
Catch TAC as described in paragraph (b)(10)(iv)(G) of this section, or 
as a result of an action by the Regional Administrator under paragraph 
(b)(10)(vi) of this section, the use of Regular B DAS shall, in a manner

[[Page 607]]

consistent with the Administrative Procedure Act, be prohibited when 500 
Regular B DAS have been used during the first quarter of the fishing 
year (May-July), or when 1,000 Regular B DAS have been used during any 
of the remaining quarters of the fishing year, in accordance with Sec. 
648.82(e)(5).
    (I) Reporting requirements. The owner or operator of a NE 
multispecies DAS vessel must submit catch reports via VMS in accordance 
with instructions provided by the Regional Administrator, for each day 
fished when declared into the Regular B DAS Program. The reports must be 
submitted in 24-hr intervals for each day, beginning at 0000 hr and 
ending at 2400 hr. The reports must be submitted by 0900 hr of the 
following day. For vessels that have declared into the Regular B DAS 
Program in accordance with paragraph (b)(10)(iv)(C) of this section, the 
reports must include at least the following information: Statistical 
area fished; total pounds of cod, haddock, yellowtail flounder, winter 
flounder, witch flounder, pollock, and white hake kept; date fish were 
caught; and VTR serial number, as instructed by the Regional 
Administrator. Daily reporting must continue even if the vessel operator 
is required to flip, as described under paragraph (b)(10)(iv)(E) of this 
section.
    (J) Gear requirement--(1) Vessels fishing with trawl gear in the 
Regular B DAS Program must use a haddock separator trawl or Ruhle trawl, 
as described under paragraphs (a)(3)(iii)(A) and (b)(10)(iv)(J)(3) of 
this section, respectively, or other type of gear, if approved, as 
described under this paragraph (b)(10)(iv)(J). Other gear may be on 
board the vessel, provided it is stowed when the vessel is fishing under 
the Regular B DAS Program. Vessels fishing with gillnet gear in the 
Regular B DAS Program may not use a low profile (``tie-down'' type) 
gillnet.
    (2) Approval of additional gear. At the request of the Council or 
Council's Executive Committee, the Regional Administrator may authorize 
additional gear for use in the Regular B DAS Program, through notice 
consistent with the Administrative Procedure Act. The proposed gear must 
satisfy standards specified in paragraphs (b)(10)(iv)(J)(2)(i) or (ii) 
of this section in a completed experiment that has been reviewed 
according to the standards established by the Council's research policy 
before the gear can be considered and approved by the Regional 
Administrator. Comparisons of the criteria specified in this paragraph 
(b)(10)(iv)(J)(2) will be made to an appropriately selected control 
gear.
    (i) The gear must show a statistically significant reduction in 
catch of at least 50 percent (by weight, on a trip-by-trip basis) of 
each regulated species stock of concern, unless otherwise allowed in 
this paragraph (b)(10)(iv)(J)(2)(i), or other non-groundfish stocks that 
are overfished or subject to overfishing identified by the Council. This 
requirement does not apply to regulated species identified by the 
Council as not being subject to gear performance standards; or
    (ii) The catch of each regulated species stock of concern, unless 
otherwise allowed in this paragraph (b)(10)(iv)(J)(2)(ii), or other non-
groundfish stocks that are overfished or subject to overfishing 
identified by the Council, must be less than 5 percent of the total 
catch of regulated groundfish by weight, on a trip-by-trip basis. This 
requirement does not apply to regulated species identified by the 
Council as not being subject to gear performance standards.
    (3) Ruhle Trawl. The Ruhle Trawl is a four-seam bottom groundfish 
trawl designed to reduce the bycatch of cod while retaining or 
increasing the catch of haddock, when compared to traditional groundfish 
trawls. A Ruhle Trawl must be constructed in accordance with the 
standards described and referenced in this paragraph (b)(10)(iv)(J)(3). 
The mesh size of a particular section of the Ruhle Trawl is measured in 
accordance with Sec. 648.80(f)(2), unless insufficient numbers of mesh 
exist, in which case the maximum total number of meshes in the section 
will be measured (between 2 and 20 meshes).
    (i) The net must be constructed with four seams (i.e., a net with a 
top and bottom panel and two side panels), and include at least the 
following net sections as depicted in Figure 1 of this part A 
``Nomenclature for 4-seam

[[Page 608]]

Ruhle Trawl'' (this figure is also available from the Regional 
Administrator): Top jib, bottom jib, jib side panels (x 2), top wing, 
bottom wing, wing side panels (x 2), square, bunt, square side panels (x 
2), first top belly, first bottom belly, first belly side panels (x 2), 
second top belly, second bottom belly, second belly side panels (x 2), 
and third bottom belly.
    (ii) The first bottom belly, bunt, the top and bottom wings, and the 
top and bottom jibs, jib side panels, and wing side panels (the first 
bottom belly and all portions of the net in front of the first bottom 
belly, with the exception of the square and the square side panels) must 
be at least two meshes long in the fore and aft direction. For these net 
sections, the stretched length of any single mesh must be at least 7.9 
ft (240 cm), measured in a straight line from knot to knot.
    (iii) Mesh size in all other sections must be consistent with mesh 
size requirements specified under Sec. 648.80 and meet the following 
minimum specifications: Each mesh in the square, square side panels, and 
second bottom belly must be 31.5 inches (80 cm); each mesh in the first 
and second top belly, the first belly side panels, and the third bottom 
belly must be at least 7.9 inches (20 cm); and 6 inches (15.24 cm) or 
larger in sections following the second top belly and third bottom belly 
sections, all the way to the codend. The mesh size requirements of the 
top sections apply to the side panel sections.
    (iv) The trawl must have a fishing circle of at least 398 ft (121.4 
m). This number is calculated by separately counting the number of 
meshes for each section of the net at the wide, fore end of the first 
bottom belly, and then calculating a stretched length as follows: For 
each section of the net (first bottom belly, two belly side panels and 
first top belly) multiply the number of meshes times the length of each 
stretched mesh to get the stretched mesh length for that section, and 
then add the sections together. For example, if the wide, fore end of 
the bottom belly of the Ruhle Trawl is 22 meshes (and the mesh is at 
least 7.9 ft (240 cm)), the stretched mesh length for that section of 
the net is derived by multiplying 22 times 7.9 ft (240 cm) and equals 
173.2 ft (52.8 m). The top and sides (x 2) of the net at this point in 
the trawl are 343 meshes (221 + 61 + 61, respectively) (each 7.9 inches 
(20 cm)), which equals 225.1 ft (68.6 m) stretched length. The stretched 
lengths for the different sections of mesh are added together (173.2 ft 
+ 225.1 ft (52.8 m + 68.6 m)) and result in the length of the fishing 
circle, in this case 398.3 ft (121.4 m).
    (v) The trawl must have a single or multiple kite panels with a 
total surface area of at least 29.1 sq. ft. (2.7 sq. m) on the forward 
end of the square to help maximize headrope height, for the purpose of 
capturing rising fish. A kite panel is a flat structure, usually semi-
flexible used to modify the shape of trawl and mesh openings by 
providing lift when a trawl is moving through the water.
    (vi) The sweep must include rockhoppers of various sizes, which are 
arranged along the sweep in size order, graduated from 16-inch (40-cm) 
diameter in the sweep center down to 12-inch (30-cm) diameter at the 
wing ends. There must be six or fewer 12- to 16-inch (30- to 40-cm) 
rockhopper discs over any 10-ft (3.0-m) length of the sweep. The 12- to 
16- inch (30- to 40-cm) discs (minimum size) must be spaced evenly, with 
one disc placed approximately every 2 ft (60 cm) along the sweep. The 
12- to 16-inch (30- to 40-cm) discs must be separated by smaller discs, 
no larger than 3.5 inches (8.8 cm) in diameter.
    (v) Definition of incidental TAC stock areas. For the purposes of 
the Regular B DAS Program, including the stocks that may not be retained 
by vessels as specified under Sec. 648.86, the species stock areas are 
defined in paragraphs (b)(10)(v)(A) through (I) of this section. Copies 
of a chart depicting these areas are available from the Regional 
Administrator upon request.
    (A) GOM cod stock area. The GOM cod stock area for the purposes of 
the Regular B DAS Program is the area defined by straight lines 
connecting the following points in the order stated:

                      Gulf of Maine Cod Stock Area
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
GOM1..........................................        (\1\)  70[deg]00[m
                                                                     in]
GOM2..........................................  42[deg]20[m  70[deg]00[m
                                                        in]          in]

[[Page 609]]

 
GOM3..........................................  42[deg]20[m  67[deg]40[m
                                                        in]          in]
GOM4..........................................  43[deg]50[m  67[deg]40[m
                                                        in]          in]
GOM5..........................................  43[deg]50[m  66[deg]50[m
                                                        in]          in]
GOM6..........................................  44[deg]20[m  66[deg]50[m
                                                        in]          in]
GOM7..........................................  44[deg]20[m  67[deg]00[m
                                                        in]          in]
GOM8..........................................        (\2\)  67[deg]00[m
                                                                     in]
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
  70[deg]00[min] W. Long.
\2\ Intersection of the south-facing Maine coastline and 67[deg]00[min]
  W. Long.

    (B) GB cod stock area. The GB cod stock area for the purposes of the 
Regular B DAS Program is the area defined by straight lines connecting 
the following points in the order stated:

                       Georges Bank Cod Stock Area
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
GB1...........................................        (\1\)  70[deg]00[m
                                                                     in]
GB2...........................................  42[deg]20[m  70[deg]00[m
                                                        in]          in]
GB3...........................................  42[deg]20[m  66[deg]00[m
                                                        in]          in]
GB4...........................................  42[deg]10[m  66[deg]00[m
                                                        in]          in]
GB5...........................................  42[deg]10[m  65[deg]50[m
                                                        in]          in]
GB6...........................................  42[deg]00[m  65[deg]50[m
                                                        in]          in]
GB7...........................................  42[deg]00[m  65[deg]40[m
                                                        in]          in]
GB8...........................................  40[deg]30[m  65[deg]40[m
                                                        in]          in]
GB9...........................................  39[deg]00[m  65[deg]40[m
                                                        in]          in]
GB10..........................................  39[deg]00[m  70[deg]00[m
                                                        in]          in]
GB11..........................................  35[deg]00[m  70[deg]00[m
                                                        in]          in]
GB12..........................................  35[deg]00[m        (\2\)
                                                        in]
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
  70[deg]00[min] W. Long.
\2\ Intersection of the east-facing coastline of Outer Banks, NC, and
  35[deg]00[min] N. Lat.

    (C) CC/GOM yellowtail flounder stock area. The CC/GOM yellowtail 
flounder stock area for the purposes of the Regular B DAS Program is the 
area defined by straight lines connecting the following points in the 
order stated:

                  CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
                   Point                          N. Lat.       W. Long.
------------------------------------------------------------------------
CCGOM1                                      43[deg]00[min]          \1\
CCGOM2                                      43[deg]00[min]      70[deg]0
                                                                 0[min]
CCGOM3                                      42[deg]30[min]      70[deg]0
                                                                 0[min]
CCGOM4                                      42[deg]30[min]      69[deg]3
                                                                 0[min]
CCGOM5                                      41[deg]30[min]      69[deg]3
                                                                 0[min]
CCGOM6                                      41[deg]30[min]      69[deg]0
                                                                 0[min]
CCGOM7                                      41[deg]00[min]      69[deg]0
                                                                 0[min]
CCGOM8                                      41[deg]00[min]      69[deg]3
                                                                 0[min]
CCGOM9                                      41[deg]30[min]      70[deg]0
                                                                 0[min]
CCGOM10                                     \2\                 70[deg]0
                                                                 0[min]
CCGOM11                                     42[deg]00[min]          \3\
CCGOM12                                     42[deg]00[min]          \4\
CCGOM13                                     \3\                 70[deg]0
                                                                 0[min]
------------------------------------------------------------------------
\1\ Intersection with the New Hampshire coastline.
\2\ Intersection of the south-facing shoreline of Cape Cod, MA.
\3\ Intersection with the east-facing shoreline of Cape Cod, MA.
\4\ Intersection with the west-facing shoreline of Massachusetts.

    (D) SNE/MA yellowtail flounder stock area. The SNE/MA stock area for 
the purposes of the Regular B DAS Program is the area bounded on the 
north, east, and south by straight lines connecting the following points 
in the order stated:

                  SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
                   Point                          N. Lat.       W. Long.
------------------------------------------------------------------------
SNEMA1                                      40[deg]00[min]      74[deg]
                                                                00[min]
SNEMA2                                      40[deg]00[min]      72[deg]0
                                                                 0[min]
SNEMA3                                      40[deg]30[min]      72[deg]0
                                                                 0[min]
SNEMA4                                      40[deg]30[min]      69[deg]3
                                                                 0[min]
SNEMA5                                      41[deg]00[min]      69[deg]3
                                                                 0[min]
SNEMA6                                      41[deg]00[min]      69[deg]0
                                                                 0[min]
SNEMA7                                      41[deg]30[min]      69[deg]0
                                                                 0[min]
SNEMA8                                      41[deg]30[min]      70[deg]0
                                                                 0[min]
SNEMA9                                      41[deg]00[min]      70[deg]0
                                                                 0[min]
SNEMA10                                     41[deg]00[min]      70[deg]3
                                                                 0[min]
SNEMA11                                     41[deg]30[min]      70[deg]3
                                                                 0[min]
SNEMA12                                     \1\                 72[deg]0
                                                                 0[min]
SNEMA13                                     \2\                 72[deg]0
                                                                 0[min]
SNEMA14                                     \3\                 73[deg]0
                                                                 0[min]
SNEMA15                                     40[deg]30[min]      73[deg]0
                                                                 0[min]
SNEMA16                                     40[deg]30[min]      74[deg]0
                                                                 0[min]
SNEMA17                                     40[deg]00[min]      74[deg]0
                                                                 0[min]
------------------------------------------------------------------------
\1\ South-facing shoreline of Connecticut.
\2\ North-facing shoreline of Long Island, New York.
\3\ South-facing shoreline of Long Island, New York.

    (E) SNE/MA winter flounder stock area. The SNE winter flounder stock 
area, for the purposes of the Regular B DAS Program and the prohibition 
on retention of winter flounder specified under Sec. 648.86, is the 
area defined by straight lines connecting the following points in the 
order stated:

      Southern New England/Mid-Atlantic Winter Flounder Stock Area
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
SNEW1.........................................        (\1\)  70[deg]00[m
                                                                     in]
SNEW2.........................................  42[deg]20[m  70[deg]00[m
                                                        in]          in]
SNEW3.........................................  42[deg]20[m  68[deg]50[m
                                                        in]          in]
SNEW4.........................................  39[deg]50[m  68[deg]50[m
                                                        in]          in]
SNEW5.........................................  39[deg]50[m  71[deg]40[m
                                                        in]          in]
SNEW6.........................................  39[deg]00[m  71[deg]40[m
                                                        in]          in]
SNEW7.........................................  39[deg]00[m  70[deg]00[m
                                                        in]          in]
SNEW8.........................................  35[deg]00[m  70[deg]00[m
                                                        in]          in]
SNEW9.........................................  35[deg]00[m        (\2\)
                                                        in]
------------------------------------------------------------------------
\1\ Intersection of the north-facing Coastline of Cape Cod, MA, and
  70[deg]00[min] W. Long.
\2\ The intersection of the east-facing coastline of Outer Banks, NC,
  and 35[deg]00[min] N. Lat.

    (F) Windowpane flounder northern stock area. The windowpane flounder 
northern stock area, for the purposes of prohibition on retention of 
northern windowpane flounder specified under Sec. 648.86, is the area 
defined by straight lines connecting the following points in the order 
stated:

[[Page 610]]



                 Windowpane Flounder Northern Stock Area
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
G12...........................................        (\1\)  70[deg]00[m
                                                                     in]
WIN1..........................................  41[deg]20[m  70[deg]00[m
                                                        in]          in]
WIN2..........................................  41[deg]20[m  69[deg]50[m
                                                        in]          in]
WIN3..........................................  41[deg]10[m  69[deg]50[m
                                                        in]          in]
WIN4..........................................  41[deg]10[m  69[deg]30[m
                                                        in]          in]
WIN5..........................................  41[deg]00[m  69[deg]30[m
                                                        in]          in]
WIN6..........................................  41[deg]00[m  68[deg]50[m
                                                        in]          in]
WIN7..........................................  39[deg]50[m  68[deg]50[m
                                                        in]          in]
WIN8..........................................  39[deg]50[m  69[deg]00[m
                                                        in]          in]
WIN9..........................................  39[deg]00[m  69[deg]00[m
                                                        in]          in]
WIN10.........................................  39[deg]00[m        (\2\)
                                                        in]
------------------------------------------------------------------------
\1\ South-facing coastline of Cape Cod, MA.
\2\ Intersection of 39[deg]00[min] N. Lat. and the boundary of the EEZ.

    (G) GB yellowtail flounder stock area. The GB yellowtail flounder 
stock area, for the purposes of the Regular B DAS Program, is the area 
defined as the U.S./Canada Management Areas, as specified in paragraphs 
(a)(1)(i) and (ii) of this section.
    (H) GB winter flounder stock area. The GB winter flounder stock 
area, for the purposes of the Regular B DAS Program, is the area defined 
as the U.S./Canada Management Areas, as specified in paragraphs 
(a)(1)(i) and (ii) of this section.
    (I) GOM winter flounder stock area. The GOM winter flounder stock 
area, for the purposes of the Regular B DAS Program, is the area defined 
by straight lines connecting the following points in the order stated:

                     GOM Winter Flounder Stock Area
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
GOM1..........................................        (\1\)  70[deg]00[m
                                                                     in]
GOM2..........................................  42[deg]20[m  70[deg]00[m
                                                        in]          in]
GOM3..........................................  42[deg]20[m  67[deg]40[m
                                                        in]          in]
GOM4..........................................  43[deg]50[m  67[deg]40[m
                                                        in]          in]
GOM5..........................................  43[deg]50[m  66[deg]50[m
                                                        in]          in]
GOM6..........................................  44[deg]20[m  66[deg]50[m
                                                        in]          in]
GOM7..........................................  44[deg]20[m  67[deg]00[m
                                                        in]          in]
GOM8..........................................        (\2\)  67[deg]00[m
                                                                     in]
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
  70[deg]00[min] W. Long.
\2\ Intersection of the south-facing Maine coastline and 67[deg]00[min]
  W. Long.

    (vi) Closure and in-season modification to the Regular B DAS 
Program. The Regional Administrator, based upon information required 
under Sec. Sec. 648.7, 648.9, 648.10, or this paragraph (b)(10)(vi), 
and any other relevant information, in a manner consistent with the 
Administrative Procedure Act, may prohibit the use of Regular B DAS, 
modify possession restrictions, or implement other measures, including a 
partial closure for the Regular B DAS Program, for the duration of a 
quarter or fishing year, if it is projected that continuation of the 
Regular B DAS Program would undermine the achievement of the objectives 
of the FMP or Regular B DAS Program. Reasons for modification or 
termination of the program include, but are not limited to, the 
following: Inability to constrain catches to the Incidental Catch TACs; 
evidence of excessive discarding; a significant difference in flipping 
rates between observed and unobserved trips; or insufficient observer 
coverage to adequately monitor the program.
    (11) CA I Hook Gear Haddock SAP--(i) Eligibility. Vessels issued a 
valid limited access NE multispecies DAS permit are eligible to 
participate in the CA I Hook Gear Haddock SAP, and may fish in the CA I 
Hook Gear Haddock Access Area, as described in paragraph (b)(11)(ii) of 
this section, for the season specified in paragraph (b)(11)(iii) of this 
section, provided such vessels comply with the requirements of this 
section, and provided the SAP is not closed according to the provisions 
specified under paragraph (b)(11)(iv)(I) or (b)(11)(vi)(F) of this 
section. Copies of a chart depicting this area are available from the 
Regional Administrator upon request.
    (ii) CA I Hook Gear Haddock Access Area. The CA I Hook Gear Haddock 
Access Area is the area defined by straight lines connecting the 
following points in the order stated:

                   CA I Hook Gear Haddock Access Area
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
Hook 1........................................  41[deg]09[m  68[deg]30[m
                                                        in]          in]
CI4...........................................  41[deg]30[m  68[deg]30[m
                                                        in]          in]
CI1...........................................  41[deg]30[m  69[deg]23[m
                                                        in]          in]
Hook 2........................................  41[deg]04[m  69[deg]01[m
                                                        in]          in]
------------------------------------------------------------------------

    (iii) Season. The overall season for the CA I Hook Gear Haddock SAP 
is May 1 through January 31.
    (iv) General program restrictions. General program restrictions 
specified in this paragraph (b)(11)(iv) apply to all eligible vessels as 
specified in paragraph (b)(11)(i) of this section. Further program 
restrictions specific to Sector and non-Sector vessels are specified in

[[Page 611]]

paragraphs (b)(11)(v) and (vi) of this section.
    (A) DAS use restrictions. A vessel fishing in the CA I Hook Gear 
Haddock SAP may not initiate a DAS flip. A vessel is prohibited from 
fishing in the CA I Hook Gear Haddock SAP while making a trip under the 
Regular B DAS Pilot Program described under paragraph (b)(10) of this 
section. DAS will be charged as described in Sec. 648.10.
    (B) VMS requirement. An eligible NE multispecies DAS vessel fishing 
in the CA I Hook Gear Haddock SAP specified in this paragraph (b)(11) 
must have installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec. Sec. 648.9 and 648.10.
    (C) Observer notifications. For the purpose of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS of the vessel 
name; contact name for coordination of observer deployment; telephone 
number for contact; and date, time, and port of departure at least 72 hr 
prior to the beginning of any trip that it declares into the CA I Hook 
Gear Haddock SAP, as required in paragraph (b)(11)(iv)(D) of this 
section, and in accordance with instructions provided by the Regional 
Administrator.
    (D) VMS declaration. Prior to departure from port, a vessel 
intending to participate in the CA I Hook Gear Haddock SAP must declare 
into the SAP via VMS, and indicate the type of DAS that it intends to 
fish. A vessel declared into the CA I Hook Gear Haddock SAP may fish 
only on a declared trip in the CA I Hook Gear Haddock Special Access 
Area described under paragraph (b)(11)(ii) of this section.
    (E) Gear restrictions. A vessel declared into and fishing in the CA 
I Hook Gear Haddock SAP may fish with and possess on board demersal 
longline gear or tub trawl gear only, unless further restricted as 
specified under paragraph (b)(11)(v)(B) of this section.
    (F) Haddock TAC--(1) Allocation and distribution. The maximum total 
amount of haddock that may be caught (landings and discards) in the CA I 
Hook Gear SAP Area in any fishing year is based upon the size of the TAC 
allocated for the 2004 fishing year (1,130 mt live weight), adjusted 
according to the growth or decline of the western GB (WGB) haddock 
exploitable biomass (in relationship to its size in 2004), according to 
the following formula: BiomassYEAR X = (1,130 mt live weight) x 
(Projected WGB Haddock ExploitableBiomassYEAR X/WGB Haddock Exploitable 
Biomass2004). The size of the western component of the stock is 
considered to be 35 percent of the total stock size, unless modified by 
a stock assessment. The Regional Administrator shall specify the haddock 
TAC for the SAP, in a manner consistent with applicable law.
    (2) [Reserved]
    (G) Trip restrictions. A vessel is prohibited from deploying fishing 
gear outside of the CA I Hook Gear Haddock SAP Area on the same fishing 
trip on which it is declared into the CA I Hook Gear Haddock SAP, and 
must exit the SAP if the vessel exceeds the applicable landing limits 
described in paragraph (b)(11)(iv)(H) of this section.
    (H) Landing limits. For all eligible vessels declared into the CA I 
Hook Gear Haddock SAP described in paragraph (b)(11)(i) of this section, 
landing limits for NE multispecies other than cod, which are specified 
at paragraphs (b)(11)(v)(C) and (b)(11)(vi)(C) of this section, are as 
specified at Sec. 648.86. Unless otherwise specified in this part, such 
vessels are prohibited from discarding legal-sized regulated NE 
multispecies, Atlantic halibut, and ocean pout, and must exit the SAP 
and cease fishing if any trip limit is achieved or exceeded.
    (I) Mandatory closure of CA I Hook Gear Haddock Access Area. When 
the Regional Administrator determines that the haddock TAC specified in 
paragraph (b)(11)(iv)(F) of this section has been caught, NMFS shall 
close, through rulemaking consistent with the Administrative Procedure 
Act, the CA I Hook Gear Haddock SAP Area as specified in paragraph 
(b)(11)(ii) of this section, to all eligible vessels.
    (J) Bait restriction. A vessel declared into and fishing in the CA I 
Hook Gear Haddock SAP is prohibited from using squid as bait when 
participating in the CA I Hook Gear Haddock SAP.
    (v) Sector vessel program restrictions. In addition to the general 
program restrictions specified at paragraph

[[Page 612]]

(b)(11)(iv) of this section, the restrictions specified in this 
paragraph (b)(11)(v) apply only to Sector vessels declared into the CA I 
Hook Gear Haddock SAP.
    (A) DAS use restrictions. Sector vessels fishing in the CA I Hook 
Gear Haddock SAP may use Category A, Regular B, or Reserve B DAS, in 
accordance with Sec. 648.82(d).
    (B) Gear restrictions. A vessel enrolled in the Sector is subject to 
the gear requirements of the Sector Operations Plan as approved under 
Sec. 648.87(d).
    (C) Landing limits. A Sector vessel declared into the CA I Hook Gear 
Haddock SAP described in paragraph (b)(11)(i) of this section is subject 
to the cod landing limit in effect under the Sector's Operations Plan as 
approved under Sec. 648.87(d).
    (D) Reporting requirements. The owner or operator of a Sector vessel 
declared into the CA I Hook Gear Haddock SAP must submit reports to the 
Sector Manager, with instructions to be provided by the Sector Manager, 
for each day fished in the CA I Hook Gear Haddock SAP Area. The Sector 
Manager shall provide daily reports to NMFS, including at least the 
following information: Total pounds of haddock, cod, yellowtail 
flounder, winter flounder, witch flounder, pollock, and white hake kept; 
total pounds of haddock, cod, yellowtail flounder, winter flounder, 
witch flounder, pollock, and white hake discarded; date fish were 
caught; and VTR serial number, as instructed by the Regional 
Administrator. Daily reporting must continue even if the vessel operator 
is required to exit the SAP as required under paragraph (b)(11)(iv)(F) 
of this section.
    (E) GB cod incidental catch TAC. There is no GB cod incidental catch 
TAC specified for Sector vessels declared into the CA I Hook Gear 
Haddock SAP. All cod caught by Sector vessels fishing in the SAP count 
toward the Sector's annual GB cod TAC, specified in Sec. 
648.87(d)(1)(iii).
    (vi) Non-Sector vessel program restrictions. In addition to the 
general program restrictions specified in paragraph (b)(11)(iv) of this 
section, the restrictions specified in this paragraph (b)(11)(vi) apply 
only to non-Sector vessels declared into the CA I Hook Gear Haddock SAP.
    (A) DAS use restrictions. Non-Sector vessels fishing in the CA I 
Hook Gear Haddock SAP may use Regular B or Reserve B DAS, in accordance 
with Sec. 648.82(d)(2)(i)(A) and (d)(2)(ii)(A). A non-Sector vessel is 
prohibited from using A DAS when declared into the SAP.
    (B) Gear restrictions. A non-Sector vessel declared into the CA I 
Hook Gear Haddock SAP is exempt from the maximum number of hooks 
restriction specified in Sec. 648.80(a)(4)(v).
    (C) Landing limits. A non-Sector vessel declared into the CA I Hook 
Gear Haddock SAP described in paragraph (b)(11)(i) of this section may 
not land, fish for, or possess on board more than 1,000 lb (453.6 kg) of 
cod per trip. A non-Sector vessel is not permitted to discard legal-
sized cod prior to reaching the landing limit, and is required to end 
its trip if the cod trip limit is achieved or exceeded.
    (D) Reporting requirements. The owner or operator of a non-Sector 
vessel declared into the Closed Area I Hook Gear Haddock SAP must submit 
reports via VMS, in accordance with instructions to be provided by the 
Regional Administrator, for each day fished in the Closed Area I Hook 
Gear Haddock SAP Area. The reports must be submitted in 24-hr intervals 
for each day fished, beginning at 0000 hr local time and ending at 2400 
hr local time. The reports must be submitted by 0900 hr local time of 
the day following fishing. The reports must include at least the 
following information: Total pounds of haddock, cod, yellowtail 
flounder, winter flounder, witch flounder, pollock, and white hake kept; 
total pounds of haddock, cod, yellowtail flounder, winter flounder, 
witch flounder, pollock, and white hake discarded; date fish were 
caught; and VTR serial number, as instructed by the Regional 
Administrator. Daily reporting must continue even if the vessel operator 
is required to exit the SAP as required under paragraph (b)(11)(iv)(F) 
of this section.
    (E) Incidental catch TACs. The maximum amount of GB cod and pollock

[[Page 613]]

(landings and discards) that may be cumulatively caught by non-Sector 
vessels from the CA I Hook Gear Haddock Access Area in a fishing year is 
the amount specified under paragraphs (b)(9)(ii) and (iv) of this 
section, respectively.
    (F) Mandatory closure of CA I Hook Gear Haddock Access Area due to 
catch of any incidental catch TAC. When the Regional Administrator 
determines that either the GB cod or pollock incidental catch TAC 
specified in paragraph (b)(11)(vi)(E) of this section has been caught, 
NMFS shall close, through rulemaking consistent with the Administrative 
Procedure Act, the CA I Hook Gear Haddock Access Area to all non-Sector 
fishing vessels.
    (c) Scallop fishery closed area access program. Limited access 
scallop vessels operating under the Sea Scallop Area Access Program, as 
defined in Sec. 648.59, and fishing in accordance with the regulations 
at Sec. 648.60 may possess and land up to 1,000 lb (453.6 kg) of all NE 
multispecies combined, as provided in Sec. 648.60(a)(5)(ii), unless 
otherwise restricted in this section.
    (1) Yellowtail flounder bycatch TAC allocation. An amount of 
yellowtail flounder equal to 10 percent of the total yellowtail flounder 
TAC for each of the stock area specified in paragraphs (c)(1)(i) and 
(c)(1)(ii) of this section may be harvested by scallop vessels subject 
to the restrictions of this paragraph. Limited access scallop vessels 
enrolled in the Sea Scallop Area Access Program and fishing within the 
Area Access areas defined at Sec. 648.59(b) through (d) may harvest 
yellowtail flounder up to 9.8 percent of the applicable yellowtail 
flounder TAC. Scallop vessels participating in approved research under 
the process described in Sec. 648.56, and fishing in the Access Areas 
specified in Sec. 648.59(b) through (d), may harvest 0.2 percent of the 
applicable yellowtail flounder TAC. The amount of yellowtail flounder 
that may be harvested in each fishing year under this section shall be 
specified in a small entity compliance guide.
    (i) SNE/MA yellowtail flounder. Limited access scallop vessels may 
harvest an amount of yellowtail flounder equal to 9.8 percent of the 
SNE/MA yellowtail flounder TAC from the Nantucket Lightship Closed Area 
Sea Scallop Access Area for each fishing year, unless otherwise 
prohibited under paragraph (c)(3) of this section. An amount of 
yellowtail flounder equal to 0.2 percent of the SNE/MA yellowtail 
flounder bycatch TAC, as specified in paragraph (c)(1) of this section, 
is set aside to allow for the harvest of yellowtail flounder during 
research approved under the scallop research program specified in Sec. 
648.56 and conducted in the Access Areas specified in Sec. 648.59(b) 
through (d).
    (ii) GB yellowtail flounder. Limited access scallop vessels may 
harvest an amount of yellowtail flounder up to 9.8 percent of the GB 
yellowtail flounder TAC from the Closed Area I and Closed Area II Sea 
Scallop Access Areas, combined, for each fishing year, unless otherwise 
prohibited under paragraph (c)(3) of this section. An amount of 
yellowtail flounder equal to 0.2 percent of the GB yellowtail flounder 
TAC, as specified in paragraph (c)(1) of this section, is set aside to 
allow for the harvest of yellowtail flounder during research approved 
under the scallop research program specified in Sec. 648.56.
    (2) Adjustments to the yellowtail flounder TAC allocation. If, on or 
after December 1 of each year, information is available to make an 
accurate projection of yellowtail catch through the end of the fishing 
year, and if the Regional Administrator projects that the total GB 
yellowtail flounder TAC for the NE multispecies fishery specified at 
Sec. 648.85(a)(2) will not be harvested by the end of the fishing year, 
and if the catch of yellowtail flounder in the Sea Scallop Area Access 
Program is below 10 percent of the GB yellowtail flounder bycatch TAC 
specified in paragraph (c)(1) of this section, the Regional 
Administrator may, through rulemaking consistent with the Administrative 
Procedure Act, increase the yellowtail flounder bycatch TAC allocated to 
vessels participating in the Sea Scallop Area Access Program above 10 
percent, provided that such increase will not result in exceeding the 
total GB yellowtail flounder TAC specified in Sec. 648.85(a)(2).
    (3) Possession restriction and closure when yellowtail flounder TAC 
has been

[[Page 614]]

harvested. (i) If the Regional Administrator determines that the GB 
yellowtail flounder TAC specified for the U.S./Canada Management Area 
under paragraph (a)(2) of this section has been harvested or is 
projected to be harvested, and notification has been published in the 
Federal Register, pursuant to paragraph (a)(3)(iv)(C)(3) of this 
section, but the yellowtail flounder bycatch TAC allocation for the GB 
stock specified under paragraph (c)(1)(ii) of this section has not been 
harvested, scallop vessels may continue to fish in the Sea Scallop Area 
Access Program, but may not retain or land yellowtail flounder, until 
the yellowtail flounder bycatch TAC is caught, as specified in paragraph 
(c)(3)(ii) of this section. All catch of yellowtail flounder must 
continue to be reported by scallop vessels fishing in Access Areas as 
required under Sec. 648.60.
    (ii) If the Regional Administrator determines that the yellowtail 
flounder bycatch TAC allocation specified under paragraph (c)(1)(i) or 
(c)(1)(ii) of this section has been, or is projected to be harvested, 
scallop vessels may not fish within the applicable Access Area for the 
remainder of the fishing year. The Regional Administrator shall publish 
notification in the Federal Register, in accordance with the 
Administrative Procedure Act, to notify vessels that they may no longer 
fish within the applicable Access Area for the remainder of the fishing 
year.
    (d) Incidental catch allowance for some limited access herring 
vessels. The incidental catch allowance for vessels that have an All 
Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited 
Access Herring Permit is defined as 0.2 percent of the combined target 
TAC for Gulf of Maine haddock and Georges Bank haddock (U.S. landings 
only) specified according to Sec. 648.90(a) for a particular 
multispecies fishing year.

[69 FR 22975, Apr. 27, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
648.85, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Notes: 1. At 74 FR 17056, Apr. 13, 2009, Sec. 648.85 
was amended by suspending paragraphs (a)(3)(ii), (iii), (v)(A), (B), 
(C), (b)(4) through (7), (8)(v)(E)(2) and (H) and by adding paragraphs 
(a)(3)(v)(D), (E), (F), (viii), (ix), (b)(8)(v)(E)(3), (M), (N) and (9), 
(10) and (11), effective May 1, 2009 through October 28, 2009.
    2. At 74 FR 32468, July 8, 2009, in Sec. 648.85, paragraphs 
(b)(10)(iv)(D), (v)(C) and (D) and (11)(vi)(D) were revised, effective 
July 2, 2009 through October 28, 2009.



Sec. 648.86  NE Multispecies possession restrictions.

    Except as provided in Sec. 648.17, the following possession 
restrictions apply:
    (a) Haddock--(1) NE multispecies DAS vessels--(i) Implementation and 
adjustments to the haddock trip limit to prevent exceeding the Target 
TAC. At any time prior to or during the fishing year, if the Regional 
Administrator projects that the Target TAC for haddock will be exceeded 
in that fishing year, NMFS may implement or adjust, in a manner 
consistent with the Administrative Procedure Act, a per DAS possession 
limit and/or a maximum trip limit in order to prevent exceeding the 
Target TAC in that fishing year.
    (ii) Implementation and adjustments to the haddock trip limit to 
facilitate harvest of the Target TAC. At any time prior to or during the 
fishing year, if the Regional Administrator projects that less than 90 
percent of the Target TAC for that fishing year will be harvested, NMFS 
may remove or adjust, in a manner consistent with the Administrative 
Procedure Act, a per DAS possession limit and/or a maximum trip limit in 
order to facilitate a haddock harvest and enable the total catch to 
approach the Target TAC for that fishing year.
    (iii) Adjustments--(A) Adjustment to the haddock trip limit to 
prevent exceeding the target TAC. At any time during the fishing year, 
if the Regional Administrator projects that the target TAC for haddock 
will be exceeded, NMFS may adjust, through publication of a notification 
in the Federal Register, the trip limit per DAS and/or the maximum trip 
limit to an amount that the Regional Administrator determines will 
prevent exceeding the target TAC.
    (B) Adjustment of the haddock trip limit to allow harvesting of up 
to 75 percent of the target TAC. At any time during the fishing year, if 
the Regional Administrator projects that less than

[[Page 615]]

75 percent of the target TAC for haddock will be harvested by the end of 
the fishing year, NMFS may adjust or eliminate, through publication of a 
notification in the Federal Register, the trip limit per DAS and/or the 
maximum trip limit to an amount, including elimination of the per day 
and/or per trip limit, that is determined to be sufficient to allow 
harvesting of at least 75 percent of the target TAC, but not to exceed 
the target TAC.
    (2) Scallop dredge vessels. (i) No person owning or operating a 
scallop dredge vessel issued a NE multispecies permit may land haddock 
from, or possess haddock on board, a scallop dredge vessel from January 
1 through June 30.
    (ii) No person owning or operating a scallop dredge vessel without 
an NE multispecies permit may possess haddock in, or harvested from, the 
EEZ from January 1 through June 30.
    (iii) Unless otherwise authorized by the Regional Administrator as 
specified in paragraph (f) of this section, scallop dredge vessels or 
persons owning or operating a scallop dredge vessel that is fishing 
under a scallop DAS allocated under Sec. 648.53 may land or possess on 
board up to 300 lb (136.1 kg) of haddock, except as specified in Sec. 
648.88(c), provided that the vessel has at least one standard tote on 
board. This restriction does not apply to vessels issued NE multispecies 
Combination Vessel permits that are fishing under a multispecies DAS. 
Haddock on board a vessel subject to this possession limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
    (3)(i) Incidental catch allowance for some limited access herring 
vessels. Vessels that have an All Areas Limited Access Herring Permit 
and/or an Areas 2 and 3 Limited Access Herring Permit may possess and 
land haddock on all trips that do not use a NE multispecies DAS, subject 
to the requirements specified in Sec. 648.80(d) and (e).
    (ii) Haddock incidental catch cap. (A)(1) When the Regional 
Administrator has determined that the incidental catch allowance in 
Sec. 648.85(d) has been caught, all vessels issued an Atlantic herring 
permit or fishing in the Federal portion of the GOM/GB Herring Exemption 
Area, defined in this paragraph (a)(3)(ii)(A)(1), are prohibited from 
fishing for, possessing, or landing herring in excess of 2,000 lb (907.2 
kg) per trip in or from the GOM/GB Herring Exemption Area, unless all 
herring possessed and landed by the vessel were caught outside the GOM/
GB Herring Exemption Area and the vessel complies with the gear stowage 
provisions specified in Sec. 648.23(b) while transiting the Exemption 
Area. Upon this determination, the haddock possession limit is reduced 
to 0 lb (0 kg) for all vessels that have an All Areas Limited Access 
Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit, 
regardless of where they were fishing. In making this determination, the 
Regional Administrator shall use haddock landings observed by NMFS-
approved observers and law enforcement officials, and reports of haddock 
catch submitted by vessels and dealers pursuant to the reporting 
requirements of this part. The GOM/GB Herring Exemption Area is defined 
by the straight lines connecting the following points in the order 
stated (copies of a map depicting the area are available from the 
Regional Administrator upon request):

                      GB/GOM Herring Exemption Area
------------------------------------------------------------------------
                     Point                        N. lat.      W. long.
------------------------------------------------------------------------
                  1                                41[deg]      70[deg]
                                                33.05[min]      00[min]
                  2                                41[deg]      70[deg]
                                                   20[min]      00[min]
                  3                                41[deg]      69[deg]
                                                   20[min]      50[min]
                  4                                41[deg]      69[deg]
                                                   10[min]      50[min]
                  5                                41[deg]      69[deg]
                                                   10[min]      30[min]
                  6                                41[deg]      69[deg]
                                                   00[min]      30[min]
                  7                                41[deg]      68[deg]
                                                   00[min]      50[min]
                  8                                39[deg]      68[deg]
                                                   50[min]      50[min]
                  9                                39[deg]           66
                                                   50[min]   [deg]40[min
                                                                      ]
                  10                                    40      66[deg]
                                                [deg]30[min     40[min]
                                                         ]
                  11                                    40           64
                                                [deg]30[min  [deg]44.34[
                                                         ]         min]
                  12                                    41           66
                                                [deg]50[min  [deg]51.94[
                                                         ]         min]
                  13                                    41           67
                                                [deg]50[min  [deg]40[min
                                                         ]            ]
                  14                                    44           67
                                                [deg]00[min  [deg]40[min
                                                         ]            ]
                  15                                    44           67
                                                [deg]00[min  [deg]50[min
                                                         ]            ]
                  16                                    44           67
                                                [deg]10[min  [deg]50[min
                                                         ]            ]
                  17                                    44           67
                                                [deg]27[min  [deg]59.18[
                                                         ]         min]
                  18                            ME, NH, MA   ...........
                                                          Coastlines
                  19                                    41      70[deg]
                                                [deg]33.05[     00[min]
                                                      min]
------------------------------------------------------------------------

    (2) The haddock incidental catch cap specified is for the NE 
multispecies fishing year (May 1 April 30), which differs from the 
herring fishing year (January 1 December 31). If the haddock catch cap 
is attained by the limited access herring fishery, the 2,000-lb (907.2-

[[Page 616]]

kg) limit on herring possession and landings in the GOM/GB Herring 
Exemption Area will be in effect until the end of the NE multispecies 
fishing year. For example, the 2006 haddock catch cap would be specified 
for the period May 1, 2006 April 30, 2007, and the 2007 haddock catch 
cap would be specified for the period May 1, 2007 April 30, 2008. If the 
catch of haddock by limited access herring vessels reached the 2006 
catch cap at any time prior to the end of the NE multispecies fishing 
year (April 30, 2007), the 2,000-lb (907.2-kg) limit on possession or 
landing herring in the GOM/GB Herring Exemption Area would extend 
through April 30, 2007, at which time the 2007 catch cap would go into 
effect.
    (B) [Reserved]
    (b) Cod--(1) GOM cod landing limit. (i) Except as provided in 
paragraphs (b)(1)(ii) and (b)(4) of this section, or unless otherwise 
restricted under Sec. 648.85, a vessel fishing under a NE multispecies 
DAS may land only up to 800 lb (362.9 kg) of cod during the first 24-hr 
period after the vessel has started a trip on which cod were landed 
(e.g., a vessel that starts a trip at 6 a.m. may call out of the DAS 
program at 11 a.m. and land up to 800 lb (362.9 kg), but the vessel 
cannot land any more cod on a subsequent trip until at least 6 a.m. on 
the following day). For each trip longer than 24 hr, a vessel may land 
up to an additional 800 lb (362.9 kg) for each additional 24-hr block of 
DAS fished, or part of an additional 24-hr block of DAS fished, up to a 
maximum of 4,000 lb (1,818.2 kg) per trip (e.g., a vessel that has been 
called into the DAS program for more than 24 hr, but less than 48 hr, 
may land up to, but no more than, 1,600 lb (725.7 kg) of cod). A vessel 
that has been called into only part of an additional 24-hr block of a 
DAS (e.g., a vessel that has been called into the DAS program for more 
than 24 hr, but less than 48 hr) may land up to an additional 800 lb 
(362.9 kg) of cod for that trip, provided the vessel complies with the 
provisions of paragraph (b)(1)(ii) of this section. Cod on board a 
vessel subject to this landing limit must be separated from other 
species of fish and stored so as to be readily available for inspection.
    (ii) A vessel that has been called into or declared into only part 
of an additional 24-hr block may come into port with and offload cod up 
to an additional 800 lb (362.9 kg), provided that the vessel operator, 
with the exception of vessels fishing in one of the two Differential DAS 
Areas under the restrictions of Sec. 648.82(e)(2)(i), complies with the 
following:
    (A) For a vessel that is subject to the VMS provisions specified 
under Sec. 648.10(b), the vessel declares through VMS that insufficient 
DAS have elapsed in order to account for the amount of cod onboard and, 
after returning to port, does not depart from a dock or mooring in port, 
unless transiting as allowed under paragraph (b)(3) of this section, 
until the rest of the additional 24-hr block of the DAS has elapsed, 
regardless of whether all of the cod on board is offloaded (e.g., a 
vessel that has been in the DAS program for 25 hr prior to crossing the 
VMS demarcation line on the return to port) may land only up to 1,600 lb 
(725.6 kg) of cod, provided the vessel does not declare another trip or 
leave port until 48 hr have elapsed from the beginning of the trip).
    (B) Vessels that have been authorized by the Regional Administrator, 
in lieu of VMS, to utilize the DAS call-in system, as specified in Sec. 
648.10(h), may not call out of the DAS program under Sec. 648.10(h)(5) 
and may not depart from a dock or mooring in port, unless transiting as 
allowed in paragraph (b)(3) of this section, until the rest of the 
additional 24-hr block of DAS has elapsed, regardless of whether all of 
the cod on board is offloaded (e.g., a vessel that has been called into 
the DAS program for 25 hr at the time of landing may land only up to 
1,600 lb (725.6 kg) of cod, provided the vessel does not call out of the 
DAS program or leave port until 48 hr have elapsed from the beginning of 
the trip.)
    (2) GB cod landing and maximum possession limits. (i) Unless 
otherwise restricted under Sec. 648.85 or the provisions of paragraph 
(b)(2)(ii) of this section, or unless exempt from the landing limit 
under paragraph (b)(1) of this section as authorized under the Sector 
provisions of Sec. 648.87, a NE multispecies DAS vessel may land up to 
1,000 lb (453.6 kg)

[[Page 617]]

of cod per DAS, or part of a DAS, provided it complies with the 
requirements specified at paragraph (b)(4) of this section and this 
paragraph (b)(2). A NE multispecies DAS vessel may land up to 1,000 lb 
(453.6 kg) of cod during the first 24-hr period after such vessel has 
started a trip on which cod were landed (e.g., a vessel that starts a 
trip at 6 a.m. may call out of the DAS program at 11 a.m. and land up to 
1,000 lb (453.6 kg) of cod, but the vessel cannot land any more cod on a 
subsequent trip until at least 6 a.m. on the following day). For each 
trip longer than 24 hr, a vessel may land up to an additional 1,000 lb 
(453.6 kg) of cod for each additional 24-hr block of DAS fished, or part 
of an additional 24-hr block of DAS fished, up to a maximum of 10,000 lb 
(4,536 kg) of cod per trip (e.g., a vessel that has been called into the 
DAS program for more than 24 hr, but less than 48 hr, may land up to, 
but no more than, 2,000 lb (907.2 kg) of cod). A vessel that has been 
called into only part of an additional 24-hr block of a DAS (e.g., a 
vessel that has been called into the DAS program for more than 24 hr, 
but less than 48 hr) may land up to an additional 1,000 lb (453.6 kg) of 
cod for that trip, provided the vessel complies with the provisions of 
paragraph (b)(2)(ii) of this section. Cod on board a vessel subject to 
this landing limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (ii) A vessel that has been called into or declared into only part 
of an additional 24-hr block may come into port with and offload cod up 
to an additional 1,000 lb (453.6 kg), provided that the vessel operator, 
with the exception of vessels fishing in one of the two Differential DAS 
Areas under the restrictions of Sec. 648.82(e)(2)(i), complies with the 
following:
    (A) For a vessel that has been authorized by the Regional 
Administrator to utilize the DAS call-in system as specified under Sec. 
648.10(c), in lieu of VMS, the vessel does not call out of the DAS 
program as described under Sec. 648.10(c)(3) and does not depart from a 
dock or mooring in port, unless transiting, as allowed in paragraph 
(b)(3) of this section, until the rest of the additional 24-hr block of 
DAS has elapsed, regardless of whether all of the cod on board is 
offloaded (e.g., a vessel that has been called into the DAS program for 
25 hr at the time of landing may land only up to 2,000 lb (907.2 kg) of 
cod, provided the vessel does not call out of the DAS program or leave 
port until 48 hr have elapsed from the beginning of the trip.)
    (B) For a vessel that is subject to the VMS provisions specified 
under Sec. 648.10(b), the vessel declares through VMS that insufficient 
DAS have elapsed in order to account for the amount of cod onboard, and 
after returning to port does not depart from a dock or mooring in port, 
unless transiting, as allowed under paragraph (b)(3) of this section, 
until the rest of the additional 24-hr block of the DAS has elapsed, 
regardless of whether all of the cod on board is offloaded (e.g., a 
vessel that has been in the DAS program for 25 hr prior to crossing the 
VMS demarcation line on the return to port may land only up to 2,000 lb 
(907.2 kg) of cod, provided the vessel does not declare another trip or 
leave port until 48 hr have elapsed from the beginning of the trip.)
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraphs (b)(1) and (2) of this section, and that is, 
therefore, subject to the requirement to remain in port for the period 
of time described in paragraphs (b)(1)(ii)(A) and (b)(2)(ii)(A) of this 
section, may transit to another port during this time, provided that the 
vessel operator notifies the Regional Administrator, either at the time 
the vessel reports its hailed weight of cod, or at a later time prior to 
transiting, and provides the following information: Vessel name and 
permit number, destination port, time of departure, and estimated time 
of arrival. A vessel transiting under this provision must stow its gear 
in accordance with one of the methods specified in Sec. 648.23(b) and 
may not have any fish on board the vessel.
    (4) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (b)(1) of this 
section when fishing south of the Gulf of Maine Regulated

[[Page 618]]

Mesh Area, defined in Sec. 648.80(a)(1), provided that it complies with 
the requirement of this paragraph (b)(4).
    (i) Declaration. With the exception of vessels declared into the 
U.S./Canada Management Area, as described under Sec. 648.85(a)(3)(ii), 
a NE multispecies DAS vessel that fishes or intends to fish south of the 
line described in paragraph (b)(4) of this section, under the cod trip 
limits described under paragraph (b)(2) of this section, must, prior to 
leaving the dock, declare its intention to do so through the VMS, in 
accordance with instructions to be provided by the Regional 
Administrator. In lieu of a VMS declaration, the Regional Administrator 
may authorize such vessels to obtain a letter of authorization. If a 
letter of authorization is required, such vessel may not fish north of 
the exemption area for a minimum of 7 consecutive days (when fishing 
under the multispecies DAS program), and must carry the authorization 
letter on board.
    (ii) A vessel exempt from the GOM cod landing limit may not fish 
north of the line specified in paragraph (b)(4) of this section for the 
duration of the trip, but may transit the GOM Regulated Mesh Area, 
provided that its gear is stowed in accordance with the provisions of 
Sec. 648.23(b). A vessel fishing north and south of the line on the 
same trip is subject to the most restrictive applicable cod trip limit.
    (c) Atlantic halibut. A vessel issued a NE multispecies permit under 
Sec. 648.4(a)(1) may land or possess on board no more than one Atlantic 
halibut per trip, provided the vessel complies with other applicable 
provisions of this part.
    (d) Small-mesh multispecies. (1) Vessels issued a valid Federal NE 
multispecies permit specified under Sec. 648.4(a)(1) are subject to the 
following possession limits for small-mesh multispecies, which are based 
on the mesh size used by, or on board vessels fishing for, in possession 
of, or landing small-mesh multispecies.
    (i) Vessels possessing on board or using nets of mesh size smaller 
than 2.5 inches (6.35 cm). Owners or operators of a vessel may possess 
and land not more than 3,500 lb (1,588 kg) of combined silver hake and 
offshore hake if either of the following conditions apply:
    (A) The mesh size of any net or any part of a net used by or on 
board the vessel is smaller than 2.5 inches (6.35 cm), as applied to the 
part of the net specified in paragraph (d)(1)(iv) of this section, as 
measured in accordance with Sec. 648.80(f); or
    (B) The mesh size of any net or part of a net on board the vessel 
not incorporated into a fully constructed net is smaller than 2.5 inches 
(6.35 cm), as measured by methods specified in Sec. 648.80(f). 
``Incorporated into a fully constructed net'' means that any mesh 
smaller than 2.5 inches (6.35 cm) that is incorporated into a fully 
constructed net may occur only in the part of the net not subject to the 
mesh size restrictions specified in paragraph (d)(1)(iv) of this 
section, and the net into which the mesh is incorporated must be 
available for immediate use.
    (ii) Vessels possessing on board or using nets of mesh size equal to 
or greater than 2.5 inches (6.35 cm) but less than 3 inches (7.62 cm). 
Owners or operators of a vessel that is not subject to the possession 
limit specified in paragraph (d)(1)(i) of this section may possess and 
land not more than 7,500 lb (3,402 kg) of combined silver hake and 
offshore hake if either of the following conditions apply:
    (A) The mesh size of any net or any part of a net used by or on 
board the vessel is equal to or greater than 2.5 inches (6.35 cm) but 
smaller than 3 inches (7.62 cm), as applied to the part of the net 
specified in paragraph (d)(1)(iv) of this section, as measured by 
methods specified in Sec. 648.80(f); or
    (B) The mesh size of any net or part of a net on board the vessel 
not incorporated into a fully constructed net is equal to or greater 
than 2.5 inches (6.35 cm) but smaller than 3 inches (7.62 cm), as 
measured by methods specified in Sec. 648.80(f). ``Incorporated into a 
fully constructed net'' means that any mesh smaller than 2.5 inches 
(6.35 cm) that is incorporated into a fully constructed net may occur 
only in the part of the net not subject to the mesh size restrictions as 
specified in paragraph (d)(1)(iv) of this section, and the net into 
which the mesh is incorporated must be available for immediate use.

[[Page 619]]

    (iii) Vessels possessing on board or using nets of mesh size equal 
to or greater than 3 inches (7.62 cm). An owner or operator of a vessel 
that is not subject to the possession limits specified in paragraphs 
(d)(1)(i) and (ii) of this section may possess and land not more than 
30,000 lb (13,608 kg) of combined silver hake and offshore hake if both 
of the following conditions apply:
    (A) The mesh size of any net or any part of a net used by or on 
board the vessel is equal to or greater than 3 inches (7.62 cm), as 
applied to the part of the net specified in paragraph (d)(1)(iv) of this 
section, as measured by methods specified in Sec. 648.80(f); and
    (B) The mesh size of any net or part of a net on board the vessel 
not incorporated into a fully constructed net is equal to or greater 
than 3 inches (7.62 cm), as measured by methods specified in Sec. 
648.80(f). ``Incorporated into a fully constructed net'' means that any 
mesh smaller than 3 inches (7.62 cm) that is incorporated into a fully 
constructed net may occur only in the part of the net not subject to the 
mesh size restrictions as specified in paragraph (d)(1)(iv) of this 
section, and the net into which the mesh is incorporated must be 
available for immediate use.
    (iv) Application of mesh size. Counting from the terminus of the 
net, the mesh size restrictions specified in paragraphs (d)(1)(i) 
through (iii) of this section are only applicable to the first 100 
meshes (200 bars in the case of square mesh) for vessels greater than 60 
ft (18.3 m) in length, and to the first 50 meshes (100 bars in the case 
of square mesh) for vessels 60 ft (18.3 m) or less in length. 
Notwithstanding any other provision of this section, the restrictions 
and conditions pertaining to mesh size do not apply to nets or pieces of 
net smaller than 3 ft by 3 ft (0.9 m by 0.9 m), (9 sq ft (0.81 sq m)).
    (2) Possession limit for vessels participating in the northern 
shrimp fishery. Owners and operators of vessels participating in the 
Small-Mesh Northern Shrimp Fishery Exemption Area, as described in Sec. 
648.80(a)(3), with a vessel issued a valid Federal NE multispecies 
permit specified under Sec. 648.4(a)(1), may possess and land silver 
hake and offshore hake, combined, up to an amount equal to the weight of 
shrimp on board, not to exceed 3,500 lb (1,588 kg). Silver hake and 
offshore hake on board a vessel subject to this possession limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
    (3) Possession restriction for vessels electing to transfer small-
mesh NE multispecies at sea. Owners and operators of vessels issued a 
valid Federal NE multispecies permit and issued a letter of 
authorization to transfer small-mesh NE multispecies at sea according to 
the provisions specified in Sec. 648.13(b) are subject to a combined 
silver hake and offshore hake possession limit that is 500 lb (226.8 kg) 
less than the possession limit the vessel otherwise receives. This 
deduction shall be noted on the transferring vessel's letter of 
authorization from the Regional Administrator.
    (e) White hake. Unless otherwise restricted under this part, a 
vessel issued a NE multispecies DAS permit, a limited access Handgear A 
permit, an open access Handgear B permit, or a monkfish limited access 
permit and fishing under the monkfish Category C or D permit provisions 
may land up to 1,000 lb (453.6 kg) of white hake per DAS, or any part of 
a DAS, up to 10,000 lb (4,536 kg) per trip.
    (f) Calculation of weight of fillets or parts of fish. The 
possession limits described under this part are based on the weight of 
whole, whole-gutted, or gilled fish. For purposes of determining 
compliance with the possession limits specified in paragraphs (a), (b), 
or (c) of this section, the weight of fillets and parts of fish, other 
than whole-gutted or gilled fish, as allowed under Sec. 648.83(a) and 
(b), will be multiplied by 3.
    (g) Yellowtail flounder--(1) CC/GOM and SNE/MA yellowtail flounder 
landing limit. Unless otherwise restricted under this part, a vessel 
issued a NE multispecies DAS permit, a limited access Handgear A permit, 
an open access Handgear B permit, or a monkfish limited access permit 
and fishing under the monkfish Category C or D permit provisions, and 
fishing exclusively outside of the U.S./Canada Management Area, as 
defined under Sec. 648.85(a)(1), may land or possess on board only up 
to 250 lb (113.6 kg) of yellowtail flounder per DAS, or any part of a 
DAS, up

[[Page 620]]

to a maximum possession limit of 1,000 lb (453.6 kg) per trip. A vessel 
fishing outside and inside of the U.S./Canada Management Area on the 
same trip is subject to the more restrictive yellowtail flounder trip 
limit (i.e., that specified by this paragraph (g)) or Sec. 
648.85(a)(3)(iv)(C).
    (2) GB yellowtail flounder landing limit. Unless otherwise 
restricted under this part, a vessel issued a NE multispecies DAS 
permit, a limited access Handgear A permit, an open access Handgear B 
permit, or a monkfish limited access permit and fishing under the 
monkfish Category C or D permit provisions, and fishing in the U.S./
Canada Management Area defined under Sec. 648.85(a)(1) is subject to 
the GB yellowtail flounder limit described under paragraph Sec. 
648.85(a)(3)(iv)(c).
    (h) Other possession restrictions. Vessels are subject to any other 
applicable possession limit restrictions of this part.
    (i) Offloading requirement for vessels possessing species regulated 
by a daily possession limit. A vessel that has ended a trip as specified 
in Sec. 648.10(e)(2)(iii) or (h)(5) that possesses on board species 
regulated by a daily possession limit (i.e., pounds per DAS), as 
specified at Sec. 648.85 or Sec. 648.86, must offload species in 
excess of the daily landing limit prior to leaving port on a subsequent 
trip. A vessel may retain on board up to one day's worth of such species 
prior to the start of a subsequent trip. Other species regulated by an 
overall trip limit may be retained on board for a subsequent trip. For 
example, a vessel that possesses cod and winter flounder harvested from 
Georges Bank is subject to a daily possession limit for cod of 1,000 lb 
(453 kg)/DAS and an overall trip limit of 5,000 lb (2,267 kg)/trip for 
winter flounder. In this example, the vessel would be required to 
offload any cod harvested in excess of 1,000 lb (453 kg) (i.e., the 
vessel may retain up to 1,000 lb (453 kg) of Georges Bank cod, but must 
offload any additional cod), but may retain on board winter flounder up 
to the maximum trip limit prior to leaving port and crossing the VMS 
Demarcation Line to begin a subsequent trip.
    (j) GB winter flounder. Unless otherwise restricted under this part, 
a vessel issued a NE multispecies DAS permit, a limited access Handgear 
A permit, an open access Handgear B permit, or a monkfish limited access 
permit and fishing under the monkfish Category C or D permit provisions, 
and fishing in the U.S./Canada Management Area defined under Sec. 
648.85(a)(1), may not possess or land more than 5,000 lb (2,268.1 kg) of 
GB winter flounder per trip.
    (k) Other regulated NE multispecies possession restrictions for 
limited access herring vessels. All vessels that have an All Areas 
Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access 
Herring Permit may possess and land up to 100 lb (45 kg), combined, of 
other regulated NE multispecies on all trips that do not use a 
multispecies DAS, subject to the requirements specified in Sec. 
648.80(d) and (e). Such fish may not be sold for human consumption.
    (l) Cod--(1) GOM cod landing limit. (i) Except as provided in 
paragraphs (l)(1)(ii) and (l)(4) of this section, or unless otherwise 
restricted under Sec. 648.85, a vessel fishing under a NE multispecies 
DAS may land only up to 800 lb (362.9 kg) of cod during the first 24-hr 
period after the vessel has started a trip on which cod were landed 
(e.g., a vessel that starts a trip at 6 a.m. may call out of the DAS 
program at 11 a.m. and land up to 800 lb (362.9 kg), but the vessel 
cannot land any more cod on a subsequent trip until at least 6 a.m. on 
the following day). For each trip longer than 24 hr, a vessel may land 
up to an additional 800 lb (362.9 kg) for each additional 24-hr block of 
DAS fished, or part of an additional 24-hr block of DAS fished, up to a 
maximum of 4,000 lb (1,814.4 kg) per trip (e.g., a vessel that has been 
called into the DAS program for more than 24 hr, but less than 48 hr, 
may land up to, but no more than, 1,600 lb (725.7 kg) of cod). A vessel 
that has been called into only part of an additional 24-hr block of a 
DAS (e.g., a vessel that has been called into the DAS program for more 
than 24 hr, but less than 48 hr) may land up to an additional 800 lb 
(362.9 kg) of cod for that trip, provided the vessel complies with the 
provisions of paragraph (l)(1)(ii) of this section. Cod on board a 
vessel subject to this landing limit must be separated from other 
species of

[[Page 621]]

fish and stored so as to be readily available for inspection.
    (ii) A vessel that has been called into or declared into only part 
of an additional 24-hr block may come into port with and offload cod up 
to an additional 800 lb (362.9 kg), provided that the vessel operator, 
with the exception of vessels fishing in one or both of the two 
differential DAS areas under the restrictions of Sec. 648.82(e)(4), 
complies with the following:
    (A) For a vessel that is subject to the VMS provisions specified 
under Sec. 648.10(b), the vessel declares through VMS that insufficient 
DAS have elapsed in order to account for the amount of cod onboard and, 
after returning to port, does not depart from a dock or mooring in port, 
unless transiting as allowed under paragraph (l)(3) of this section, 
until the rest of the additional 24-hr block of the DAS has elapsed, 
regardless of whether all of the cod on board is offloaded (e.g., a 
vessel that has been in the DAS program for 25 hr prior to crossing the 
VMS demarcation line on the return to port may land only up to 1,600 lb 
(725.7 kg) of cod, provided the vessel does not declare another trip or 
leave port until 48 hr have elapsed from the beginning of the trip).
    (B) For a vessel that has been authorized by the Regional 
Administrator to utilize the DAS call-in system, as specified under 
Sec. 648.10(c), in lieu of VMS, the vessel does not call out of the DAS 
program as described under Sec. 648.10(c)(3) and does not depart from a 
dock or mooring in port, unless transiting as allowed in paragraph 
(l)(3) of this section, until the rest of the additional 24-hr block of 
DAS has elapsed, regardless of whether all of the cod on board is 
offloaded (e.g., a vessel that has been called into the DAS program for 
25 hr at the time of landing may land only up to 1,600 lb (725.6 kg) of 
cod, provided the vessel does not call out of the DAS program or leave 
port until 48 hr have elapsed from the beginning of the trip).
    (2) GB cod landing and maximum possession limits. (i) Unless 
otherwise restricted under Sec. 648.85 or the provisions of paragraph 
(l)(2)(ii) of this section, or unless exempt from the landing limit 
under paragraph (l)(1) of this section as authorized under the Sector 
provisions of Sec. 648.87, a NE multispecies DAS vessel may land up to 
1,000 lb (453.6 kg) of cod per DAS, or part of a DAS, provided it 
complies with the requirements specified at paragraph (l)(4) of this 
section and this paragraph (l)(2). A NE multispecies DAS vessel may land 
up to 1,000 lb (453.6 kg) of cod during the first 24-hr period after 
such vessel has started a trip on which cod were landed (e.g., a vessel 
that starts a trip at 6 a.m. may call out of the DAS program at 11 a.m. 
and land up to 1,000 lb (453.6 kg) of cod, but the vessel cannot land 
any more cod on a subsequent trip until at least 6 a.m. on the following 
day). For each trip longer than 24 hr, a vessel may land up to an 
additional 1,000 lb (453.6 kg) of cod for each additional 24-hr block of 
DAS fished, or part of an additional 24-hr block of DAS fished, up to a 
maximum of 10,000 lb (4,536 kg) of cod per trip (e.g., a vessel that has 
been called into the DAS program for more than 24 hr, but less than 48 
hr, may land up to, but no more than, 2,000 lb (907.2 kg) of cod). A 
vessel that has been called into only part of an additional 24-hr block 
of a DAS (e.g., a vessel that has been called into the DAS program for 
more than 24 hr, but less than 48 hr) may land up to an additional 1,000 
lb (453.6 kg) of cod for that trip, provided the vessel complies with 
the provisions of paragraph (l)(2)(ii) of this section. Cod on board a 
vessel subject to this landing limit must be separated from other 
species of fish and stored so as to be readily available for inspection.
    (ii) A vessel that has been called into or declared into only part 
of an additional 24-hr block may come into port with and offload cod up 
to an additional 1,000 lb (453.6 kg), provided that the vessel operator, 
with the exception of vessels fishing in one or both of the differential 
DAS areas under the restrictions of Sec. 648.82(e)(4), complies with 
the following:
    (A) For a vessel that has been authorized by the Regional 
Administrator to utilize the DAS call-in system as specified under Sec. 
648.10(c), in lieu of VMS, the vessel does not call out of the DAS 
program as described under Sec. 648.10(c)(3) and does not depart from a 
dock or mooring in port, unless transiting, as allowed in paragraph

[[Page 622]]

(l)(3) of this section, until the rest of the additional 24-hr block of 
DAS has elapsed, regardless of whether all of the cod on board is 
offloaded (e.g., a vessel that has been called into the DAS program for 
25 hr at the time of landing may land only up to 2,000 lb (907.2 kg) of 
cod, provided the vessel does not call out of the DAS program or leave 
port until 48 hr have elapsed from the beginning of the trip.)
    (B) For a vessel that is subject to the VMS provisions specified 
under Sec. 648.10(b), the vessel declares through VMS that insufficient 
DAS have elapsed in order to account for the amount of cod onboard, and 
after returning to port does not depart from a dock or mooring in port, 
unless transiting, as allowed under paragraph (l)(3) of this section, 
until the rest of the additional 24-hr block of the DAS has elapsed, 
regardless of whether all of the cod on board is offloaded (e.g., a 
vessel that has been in the DAS program for 25 hr prior to crossing the 
VMS demarcation line on the return to port may land only up to 2,000 lb 
(907.2 kg) of cod, provided the vessel does not declare another trip or 
leave port until 48 hr have elapsed from the beginning of the trip.)
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraphs (l)(1) and (2) of this section, and that is, 
therefore, subject to the requirement to remain in port for the period 
of time described in paragraphs (l)(1)(ii)(A) and (l)(2)(ii)(A) of this 
section, may transit to another port during this time, provided that the 
vessel operator notifies the Regional Administrator, either at the time 
the vessel reports its hailed weight of cod, or at a later time prior to 
transiting, and provides the following information: Vessel name and 
permit number, destination port, time of departure, and estimated time 
of arrival. A vessel transiting under this provision must stow its gear 
in accordance with one of the methods specified in Sec. 648.23(b) and 
may not have any fish on board the vessel.
    (4) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (l)(1) of this 
section when fishing south of the Gulf of Maine Regulated Mesh Area, 
defined in Sec. 648.80(a)(1), provided that it complies with the 
requirement of this paragraph (l)(4).
    (i) Declaration. With the exception of vessels declared into the 
U.S./Canada Management Area, as described under Sec. 
648.85(a)(3)(viii), a NE multispecies DAS vessel that fishes or intends 
to fish south of the line described in this paragraph (l)(4)(i) under 
the cod trip limits described under paragraph (l)(2) of this section, 
must, prior to leaving the dock, declare its intention to do so through 
the VMS, in accordance with instructions to be provided by the Regional 
Administrator. In lieu of a VMS declaration, the Regional Administrator 
may authorize such vessels to obtain a letter of authorization. If a 
letter of authorization is required, such vessel may not fish north of 
the exemption area for a minimum of 7 consecutive days (when fishing 
under the NE multispecies DAS program), and must carry the authorization 
letter on board.
    (ii) A vessel exempt from the GOM cod landing limit may not fish 
north of the line specified in this paragraph (l)(4)(ii) for the 
duration of the trip, but may transit the GOM Regulated Mesh Area, 
provided that its gear is stowed in accordance with the provisions of 
Sec. 648.23(b). A vessel fishing north and south of the line on the 
same trip is subject to the most restrictive applicable cod trip limit.
    (m) Witch flounder. Unless otherwise restricted under this part, a 
vessel issued a NE multispecies DAS permit, a limited access Handgear A 
permit, an open access Handgear B permit, or a monkfish limited access 
permit and fishing under the monkfish Category C or D permit provisions 
may land up to 1,000 lb (453.6 kg) of witch flounder per DAS, or any 
part of a DAS, up to 5,000 lb (2,268.1 kg) per trip.
    (n) Zero retention stocks--(1) SNE winter flounder. Vessels issued a 
NE multispecies permit may not fish for, possess, or land winter 
flounder caught in the SNE/MA winter flounder stock area, as defined in 
Sec. 648.85(b)(10)(v)(E). Vessels may transit this area with GOM or GB 
winter flounder on board the vessel, provided that gear is stowed in 
accordance with the provisions of Sec. 648.23(b). Vessels fishing for 
winter

[[Page 623]]

flounder in multiple stock areas are subject to the most restrictive 
winter flounder possession limit.
    (2) Northern windowpane flounder. Vessels issued a NE multispecies 
permit may not fish for, possess, or land windowpane flounder caught in 
the northern windowpane flounder stock area, as defined in Sec. 
648.85(b)(10)(v)(F). Vessels may transit this area with southern 
windowpane flounder on board, provided that gear is stowed in accordance 
with the provisions of Sec. 648.23(b). Vessels fishing for windowpane 
flounder in multiple stock areas would be subject to the most 
restrictive windowpane flounder possession limit.
    (3) Ocean pout. Vessels issued a NE multispecies permit may not fish 
for, possess or land ocean pout.
    (o) White hake. Unless otherwise restricted under this part, a 
vessel issued NE multispecies DAS permit, a limited access Handgear A 
permit, an open access Handgear B permit, or a monkfish limited access 
permit and fishing under the monkfish Category C or D permit provisions 
may only land up to 2,000 lb (907.2 kg) of white hake per DAS, or any 
part of a DAS, up to 10,000 lb (4,536 kg) per trip.

[69 FR 22978, Apr. 27, 2004, as amended at 70 FR 76428, Dec. 27, 2005; 
71 FR 46876, Aug. 15, 2006; 71 FR 62193, Oct. 23, 2006; 72 FR 11277, 
Mar. 12, 2007; 72 FR 73280, Dec. 27, 2007; 74 FR 20556, May 4, 2009]

    Effective Date Notes: 1. At 74 FR 17062, Apr. 13, 2009, Sec. 648.86 
was amended by suspending paragraph (b) and by adding paragraphs (l), 
(m) and (n), effective May 1, 2009 through October 28, 2009.
    2. At 74 FR 32469, July 8, 2009, Sec. 648.86 was amended by 
suspending paragraphs (e) and (j) and by adding paragraph (o), effective 
July 2, 2009 through October 28, 2009.



Sec. 648.87  Sector allocation.

    (a) Procedure for implementing Sector allocation proposal. (1) Any 
person may submit a Sector allocation proposal for a group of limited 
access NE multispecies vessels to the Council, at least 1 year in 
advance of the start of a sector, and request that the Sector be 
implemented through a framework procedure specified at Sec. 
648.90(a)(2), in accordance with the conditions and restrictions of this 
section.
    (2) Upon receipt of a Sector allocation proposal, the Council must 
decide whether to initiate such framework. Should a framework adjustment 
to authorize a Sector allocation proposal be initiated, the Council 
should follow the framework adjustment provisions of Sec. 648.90(a)(2). 
Any framework adjustment developed to implement a Sector allocation 
proposal must be in compliance with the general requirements specified 
in paragraphs (b) and (c) of this section. Vessels that do not join a 
Sector would remain subject to the NE multispecies regulations for non-
Sector vessels specified under this part.
    (b) General requirements applicable to all Sector allocations. (1) 
All Sectors approved under the provisions of paragraph (a) of this 
section must submit the documents specified under paragraphs (a)(1) and 
(b)(2) of this section, and comply with the conditions and restrictions 
of this paragraph (b)(1).
    (i) The sector allocation must be based on either a TAC limit (hard 
TAC), or a maximum DAS usage limit for all vessels with a target TAC.
    (ii) A Sector shall be allocated no more than 20 percent of a 
stock's TAC, unless otherwise authorized by the Council.
    (iii) Allocation of catch or effort shall be based upon documented 
accumulated catch histories of the harvested stock(s) for each vessel 
electing to fish in a Sector, for the 5-year period prior to submission 
of a Sector allocation proposal to the Council. Documented catch shall 
be based on dealer landings reported to NMFS.
    (iv) Landings histories for Sectors formed to harvest GB cod during 
the period 2004 through 2007 shall be based on fishing years 1996 
through 2001.
    (v) The Sector allocation proposal must contain an appropriate 
analysis that assesses the impact of the proposed Sector, in compliance 
with the National Environmental Policy Act.
    (vi) Once a hard TAC allocated to a Sector is projected to be 
exceeded, Sector operations will be terminated for the remainder of the 
fishing year.
    (vii) Should a hard TAC allocated to a Sector be exceeded in a given 
fishing year, the Sector's allocation will be reduced by the overage in 
the following

[[Page 624]]

fishing year, and the Sector, each vessel, and vessel operator and/or 
vessel owner participating in the Sector may be charged jointly and 
severally for civil penalties and permit sanctions pursuant to 15 CFR 
part 904. If the Sector exceeds its TAC in more than 1 fishing year, the 
Sector's share may be permanently reduced, or the Sector's authorization 
to operate may be withdrawn.
    (viii) If a hard or target TAC allocated to a Sector is not exceeded 
in a given fishing year, the Sector's allocation of TAC or DAS will not 
be reduced for the following fishing year as a result of an overage of a 
hard or target TAC by non-compliant Sectors or by non-Sector vessels.
    (ix) Unless exempted through a Letter of Authorization specified in 
paragraph (c)(2) of this section, each vessel operator and/or vessel 
owner fishing under an approved Sector must comply with all NE 
multispecies management measures of this part and other applicable law. 
Each vessel and vessel operator and/or vessel owner participating in a 
Sector must also comply with all applicable requirements and conditions 
of the Operating Plan specified in paragraph (b)(2) of this section and 
the Letter of Authorization issued pursuant to paragraph (c)(2) of this 
section. It shall be unlawful to violate any such conditions and 
requirements and each Sector, vessel, and vessel operator and/or vessel 
owner participating in the Sector may be charged jointly and severally 
for violations of such conditions and requirements and any other 
applicable Federal regulations, resulting in an assessment of civil 
penalties and permit sanctions pursuant 15 CFR part 904.
    (x) Approved Sectors must submit an annual year-end report to NMFS 
and the Council, within 60 days of the end of the fishing year, that 
summarizes the fishing activities of its members, including harvest 
levels of all federally managed species by Sector vessels, enforcement 
actions, and other relevant information required to evaluate the 
performance of the Sector.
    (xi) Once a vessel operator and/or vessel owner signs a binding 
contract to participate in a Sector, that vessel must remain in the 
Sector for the remainder of the fishing year.
    (xii) Vessels that fish under the DAS program outside the Sector 
allocation in a given fishing year may not participate in a Sector 
during that same fishing year, unless the Operations Plan provides an 
acceptable method for accounting for DAS used prior to implementation of 
the Sector.
    (xiii) Once a vessel operator and/or vessel owner has agreed to 
participate in a Sector as specified in paragraph (b)(1)(xi) of this 
section, that vessel must remain in the Sector for the entire fishing 
year. If a permit is transferred by a Sector participant during the 
fishing year, the new owner must also comply with the Sector regulations 
for the remainder of the fishing year.
    (xiv) Vessels and vessel operators and/or vessel owners removed from 
a Sector for violation of the Sector rules will not be eligible to fish 
under the NE multispecies regulations for non-Sector vessels specified 
under this part.
    (xv) All vessel operators and/or vessel owners fishing in an 
approved Sector must be issued and have on board the vessel, a Letter of 
Authorization (LOA) issued by NMFS pursuant to paragraph (c)(2) of this 
section.
    (xvi) The Regional Administrator may exempt participants in the 
Sector, pursuant to paragraph (c)(2) of this section, from any Federal 
fishing regulations necessary to allow such participants to fish in 
accordance with the Operations Plan, with the exception of regulations 
addressing the following measures for Sectors based on a hard TAC: Year-
round closure areas, permitting restrictions (e.g., vessel upgrades, 
etc.), gear restrictions designed to minimize habitat impacts (e.g., 
roller gear restrictions, etc.), and reporting requirements (not 
including DAS reporting requirements). A framework adjustment, as 
specified in Sec. 648.90, may be submitted to exempt Sector 
participants from regulations not authorized to be exempted pursuant to 
paragraph (c)(2) of this section
    (2) Operations Plan and Sector Contract. Each Sector must submit an 
Operations Plan and Sector Contract to the Regional Administrator at 
least 3 months prior to the beginning of each

[[Page 625]]

fishing year. The following elements must be contained in either the 
Operations Plan or Sector Contract:
    (i) A list of all parties, vessels, and vessel owners who will 
participate in the Sector;
    (ii) A contract signed by all Sector participants indicating their 
agreement to abide by the Operations Plan;
    (iii) The name of a designated representative or agent for service 
of process;
    (iv) If applicable, a plan for consolidation or redistribution of 
catch or effort, detailing the quantity and duration of such 
consolidation or redistribution of catch or effort within the Sector;
    (v) Historic information on the catch or effort history of the 
Sector participants, consistent with the requirements specified in 
paragraph (b) of this section, and any additional historic information 
specified in the framework adjustment;
    (vi) A plan and analysis of the specific management rules the Sector 
participants will agree to abide by in order to avoid exceeding the 
allocated TAC (or target TAC under a DAS allocation), including detailed 
plans for enforcement of the Sector rules, as well as detailed plans for 
the monitoring and reporting of landings and discards;
    (vii) A plan that defines the procedures by which members of the 
Sector that do not abide by the rules of the Sector will be disciplined 
or removed from the Sector, and a procedure for notifying NMFS of such 
expulsions from the Sector;
    (viii) If applicable, a plan of how the TAC or DAS allocated to the 
Sector is assigned to each vessel;
    (ix) If the Operations Plan is inconsistent with, or outside the 
scope of the NEPA analysis associated with the Sector proposal/framework 
adjustment as specified in paragraph (b)(1)(v) of this section, a 
supplemental NEPA analysis may be required with the Operations Plan.
    (x) Each vessel and vessel operator and/or vessel owner 
participating in a Sector must comply with all applicable requirements 
and conditions of the Operations Plan specified in this paragraph (b)(2) 
and the Letter of Authorization issued pursuant to paragraph (c)(2) of 
this section. It shall be unlawful to violate any such conditions and 
requirements unless such conditions or restrictions are identified as 
administrative only in an approved Operations Plan. Each Sector, vessel, 
and vessel operator and/or vessel owner participating in the Sector may 
be charged jointly and severally for violations of Sector Operations 
Plan requirements as well as any other applicable Federal regulations, 
resulting in an assessment of civil penalties and permit sanctions 
pursuant to 15 CFR part 904.
    (c) Approval of a Sector and granting of exemptions by the Regional 
Administrator. (1) Once the submission documents specified under 
paragraphs (a)(1) and (b)(2) of this section have been determined to 
comply with the requirements of this section, NMFS may consult with the 
Council and shall approve or disapprove Sector operations consistent 
with applicable law.
    (2) If a Sector is approved, the Regional Administrator shall issue 
a Letter of Authorization to each vessel operator and/or vessel owner 
belonging to the Sector. The Letter of Authorization shall authorize 
participation in the Sector operations and may exempt participating 
vessels from any Federal fishing regulation, except those specified in 
paragraph (b)(1)(xvi) of this section, in order to allow vessels to fish 
in accordance with an approved Operations Plan, provided such exemptions 
are consistent with the goals and objectives of the NE Multispecies FMP. 
The Letter of Authorization may also include requirements and conditions 
deemed necessary to ensure effective administration of, and compliance 
with, the Operations Plan and the Sector allocation. Solicitation of 
public comment on, and NMFS final determination on such exemptions shall 
be consistent with paragraphs (c)(1) and (2) of this section.
    (3) The Regional Administrator may withdraw approval of a Sector, 
after consultation with the Council, at any time if it is determined 
that Sector participants are not complying with the requirements of an 
approved Operations Plan or that the continuation of the Operations Plan 
will undermine achievement of fishing mortality objectives of the NE 
Multispecies FMP.

[[Page 626]]

Withdrawal of approval of a Sector may only be done after notice and 
comment rulemaking consistent with applicable law.
    (d) Approved Sector allocation proposals--(1) GB Cod Hook Sector. 
Eligible NE multispecies DAS vessels, as specified in paragraph 
(d)(1)(ii) of this section, may participate in the GB Cod Hook Sector 
within the GB Cod Hook Sector Area, under the Sector's Operations Plan, 
provided the Operations Plan is approved by the Regional Administrator 
in accordance with paragraph (c) of this section, and provided that each 
participating vessel and vessel operator and/or vessel owner comply with 
the requirements of the Operations Plan, the requirements and conditions 
specified in the Letter of Authorization issued pursuant to paragraph 
(c) of this section, and all other requirements specified in this 
section.
    (i) GB Cod Hook Sector Area (GBCHSA). The GBCHSA is defined by 
straight lines connecting the following points in the order stated 
(copies of a map depicting the area are available from the Regional 
Administrator upon request):

                    Georges Bank Cod Hook Sector Area
------------------------------------------------------------------------
              Point                      N. Lat.            W. Long.
------------------------------------------------------------------------
HS1                                (\1\)               70[deg]00[min]
HS2                                42[deg]20[min]      70[deg]00[min]
HS3                                42[deg]20[min]      \3\
                                                        67[deg]18.4[min]
 
Follow the U.S. EEZ boundary south to HS4
 
HS4                                39[deg]00[min]      66[deg]45.5[min]
HS5                                39[deg]00[min]      71[deg]40[min]
HS6                                (\2\)               71[deg]40[min]
------------------------------------------------------------------------
\1\ The east facing shoreline of Cape Cod, MA.
\2\ The south facing shoreline of Rhode Island.
\3\ The U.S. Canada Maritime Boundary.

    (ii) Eligibility. All vessels issued a valid limited access NE 
multispecies DAS permit are eligible to participate in the GB Cod Hook 
Sector.
    (iii) TAC allocation. For each fishing year, the Sector's allocation 
of that fishing year's GB cod TAC, up to a maximum of 20 percent of the 
GB cod TAC, will be determined as follows:
    (A) Sum of the total accumulated landings of GB cod by vessels 
identified in the Sector's Operation Plan specified under paragraph 
(b)(2) of this section, for the fishing years 1996 through 2001, 
regardless of gear used, as reported in the NMFS dealer database.
    (B) Sum of total accumulated landings of GB cod made by all NE 
multispecies vessels for the fishing years 1996 through 2001, as 
reported in the NMFS dealer database.
    (C) Divide the sum of total landings of Sector participants 
calculated in paragraph (d)(1)(iii)(A) of this section by the sum of 
total landings by all vessels calculated in paragraph (d)(1)(iii)(B) of 
this section. The resulting number represents the percentage of the 
total GB cod TAC allocated to the GB Cod Hook Sector for the fishing 
year in question.
    (iv) Requirements. A vessel fishing under the GB Cod Hook Sector may 
not fish with gear other than jigs, demersal longline, or handgear.
    (2) GB Cod Fixed Gear Sector. Eligible NE multispecies DAS vessels, 
as specified in paragraph (d)(2)(i) of this section, may participate in 
the GB Cod Fixed Gear Sector within the area defined as the GB Cod Hook 
Sector Area, as specified under paragraph (d)(1)(i) of this section, 
under the GB Cod Fixed Gear Sector's Operations Plan, provided the 
Operations Plan is approved by the Regional Administrator in accordance 
with paragraph (c) of this section, and provided that each participating 
vessel and vessel operator and/or vessel owner complies with the 
requirements of the Operations Plan, the requirements and conditions 
specified in the Letter of Authorization issued pursuant to paragraph 
(c) of this section, and all other requirements specified in this 
section.
    (i) Eligibility. All vessels issued a valid limited access NE 
multispecies DAS permit are eligible to participate in the GB Cod Fixed 
Gear Sector.
    (ii) TAC allocation. For each fishing year, the Sector's allocation 
of that fishing year's GB cod TAC, up to a maximum of 20 percent of the 
GB cod TAC, will be determined as follows:
    (A) Sum of the total accumulated landings of GB cod by vessels 
identified in the Sector's Operations Plan specified under paragraph 
(b)(2) of this section, for the fishing years 1996 through 2001, 
regardless of gear used, as reported in the NMFS dealer database.
    (B) Sum of total accumulated landings of GB cod made by all NE 
multispecies vessels for the fishing years

[[Page 627]]

1996 through 2001, as reported in the NMFS dealer database.
    (C) Divide the sum of total landings of Sector participants 
calculated in paragraph (d)(2)(ii)(A) of this section by the sum of 
total landings by all vessels calculated in paragraph (d)(2)(ii)(B) of 
this section. The resulting number represents the percentage of the 
total GB cod TAC allocated to the GB Cod Fixed Gear Sector for the 
fishing year in question.
    (iii) Requirements. A vessel fishing under the GB Cod Fixed Gear 
Sector may not fish with gear other than jigs, non-automated demersal 
longline, hand gear, or sink gillnets.

[69 FR 22981, Apr. 27, 2004, as amended at 70 FR 31342, June 1, 2005; 70 
FR 76429, Dec. 27, 2005; 71 FR 62195, Oct. 23, 2006; 72 FR 73281, Dec. 
27, 2007; 73 FR 18218, Apr. 3, 2008]



Sec. 648.88  Multispecies open access permit restrictions.

    (a) Handgear permit. A vessel issued a valid open access NE 
multispecies Handgear permit is subject to the following restrictions:
    (1) The vessel may possess and land up to 75 lb (34 kg) of cod and 
up to the landing and possession limit restrictions for other NE 
multispecies specified in Sec. 648.86, provided the vessel complies 
with the restrictions specified under paragraph (a)(2) of this section. 
Should the GOM cod trip limit specified under Sec. 648.86(b)(1) be 
adjusted in the future, the cod trip limit specified under this 
paragraph (a)(1) will be adjusted proportionally (rounded up to the 
nearest 25 lb (11.3 kg)).
    (2) Restrictions: (i) The vessel may not use or possess on board 
gear other than handgear while in possession of, fishing for, or landing 
NE multispecies, and must have at least one standard tote on board;
    (ii) The vessel may not fish for, possess, or land regulated species 
from March 1 through March 20 of each year; and
    (iii) The vessel, if fishing with tub-trawl gear, may not fish with 
more than a maximum of 250 hooks.
    (b) Charter/party permit. A vessel that has been issued a valid open 
access NE multispecies charter/party permit is subject to the additional 
restrictions on gear, recreational minimum fish sizes, possession 
limits, and prohibitions on sale specified in Sec. 648.89, and any 
other applicable provisions of this part.
    (c) Scallop NE multispecies possession limit permit. With the 
exception of vessels fishing in the Sea Scallop Access Areas as 
specified in Sec. 648.59(b) through (d), a vessel that has been issued 
a valid open access scallop NE multispecies possession limit permit may 
possess and land up to 300 lb (136.1 kg) of regulated NE multispecies 
when fishing under a scallop DAS allocated under Sec. 648.53, provided 
the vessel does not fish for, possess, or land haddock from January 1 
through June 30, as specified under Sec. 648.86(a)(2)(i), and provided 
that the amount of regulated NE multispecies on board the vessel does 
not exceed any of the pertinent trip limits specified under Sec. 
648.86, and provided the vessel has at least one standard tote on board. 
A vessel fishing in the Sea Scallop Access Areas as specified in Sec. 
648.59(b) through (d) is subject to the possession limits specified in 
Sec. 648.60(a)(5)(ii).
    (d) Non-regulated NE multispecies permit. A vessel issued a valid 
open access non-regulated NE multispecies permit may possess and land 
one Atlantic halibut and unlimited amounts of the other non-regulated NE 
multispecies. The vessel is subject to restrictions on gear, area, and 
time of fishing specified in Sec. 648.80 and any other applicable 
provisions of this part.
    (e) Scallop NE multispecies possession limit permit. With the 
exception of vessels fishing in the Sea Scallop Access Areas as 
specified in Sec. 648.59(b) through (d), a vessel that has been issued 
a valid open access scallop NE multispecies possession limit permit may 
possess and land up to 300 lb (136.1 kg) of regulated NE multispecies 
when fishing under a scallop DAS allocated under Sec. 648.53, provided 
the vessel does not fish for, possess, or land haddock from January 1 
through June 30, as specified under (a)(2)(i), and provided that the 
amount of regulated NE multispecies on board the vessel does not exceed 
any of the pertinent trip limits specified under Sec. 648.86, and 
provided the vessel has at least one standard tote on board. A vessel 
fishing in the Sea Scallop Access Areas as specified in Sec. 648.59(b)

[[Page 628]]

through (d) is subject to the possession limits specified in Sec. 
648.60(a)(5)(iii).

[69 FR 22983, Apr. 27, 2004, as amended at 69 FR 63481, Nov. 2, 2004; 71 
FR 62195, Oct. 23, 2006]

    Effective Date Note: At 72 FR 44981, Aug. 10, 2007, Sec. 648.88 was 
amended by suspending paragraph (c) and adding paragraph (e), effective 
Aug. 10, 2007, through Feb. 6, 2008. At 72 FR 64000, Nov. 14, 2007, the 
effective date was extended through Aug. 10, 2008.



Sec. 648.89  Recreational and charter/party vessel restrictions.

    (a) Recreational gear restrictions. Persons aboard charter or party 
vessels permitted under this part and not fishing under the DAS program, 
and recreational fishing vessels in the EEZ, are prohibited from fishing 
with more than two hooks per line, and one line per angler, and must 
stow all other fishing gear on board the vessel as specified under Sec. 
648.23(b).
    (b) Recreational minimum fish sizes--(1) Minimum fish sizes. Unless 
further restricted under paragraph (b)(3) of this section, persons 
aboard charter or party vessels permitted under this part and not 
fishing under the NE multispecies DAS program, and recreational fishing 
vessels in or possessing fish from the EEZ, may not possess fish smaller 
than the minimum fish sizes, measured in total length (TL), as follows:

  Minimum Fish Sizes (TL) for Charter, Party, and Private Recreational
                                 Vessels
------------------------------------------------------------------------
                Species                               Sizes
------------------------------------------------------------------------
Cod....................................  22[sec] (58.4 cm)
Haddock................................  19[sec] (48.3 cm)
Pollock................................  19[sec] (48.3 cm)
Witch flounder (gray sole).............  14[sec] (35.6 cm)
Yellowtail flounder....................  13[sec] (33.0 cm)
Atlantic halibut.......................  36[sec] (91.4 cm)
American plaice (dab)..................  14[sec] (35.6 cm)
Winter flounder (blackback)............  12[sec] (30.5 cm)
Redfish................................   9[sec] (22.9 cm)
------------------------------------------------------------------------

    (2) Exception. Vessels may possess fillets less than the minimum 
size specified, if the fillets are taken from legal-sized fish and are 
not offered or intended for sale, trade or barter.
    (3) GOM cod. Private recreational vessels and charter party vessels 
described in paragraph (b)(1) of this section may not possess cod 
smaller than 24 inches (63.7 cm) in total length when fishing in the GOM 
Regulated Mesh Area specified under Sec. 648.80(a)(1).
    (4) The minimum fish size applies to whole fish or to any part of a 
fish while possessed on board either a charter/party or a private 
recreational vessel, or at the time of landing. Fish fillets, or parts 
of fish, must have skin on while possessed on board a vessel and at the 
time of landing in order to meet minimum size requirements. ``Skin on'' 
means the entire portion of the skin normally attached to the portion of 
the fish or to fish parts possessed is still attached.
    (5) Minimum fish sizes. Unless further restricted under paragraph 
(b)(3) of this section, persons aboard charter or party vessels 
permitted under this part and not fishing under the NE multispecies DAS 
program, and recreational fishing vessels in or possessing fish from the 
EEZ, may not possess fish smaller than the minimum fish sizes, measured 
in total length (TL), as follows:

  Minimum Fish Sizes (TL) for Charter, Party, and Private Recreational
                                 Vessels
------------------------------------------------------------------------
                Species                               Sizes
------------------------------------------------------------------------
Cod....................................  22 in (58.4 cm)
Haddock................................  18 in (45.7 cm)
Pollock................................  19 in (48.3 cm)
Witch flounder (gray sole).............  14 in (35.6 cm)
Yellowtail flounder....................  13 in (33.0 cm)
Atlantic halibut.......................  36 in (91.4 cm)
American plaice (dab)..................  14 in (35.6 cm)
Winter flounder (blackback)............  12 in (30.5 cm)
Redfish................................  9 in (22.9 cm)
------------------------------------------------------------------------

    (c) Cod possession restrictions--(1) Recreational fishing vessels. 
(i) Unless further restricted by the Seasonal GOM Cod Possession 
Prohibition specified under paragraph (c)(1)(v) of this section, each 
person on a private recreational vessel may possess no more than 10 cod 
per day in, or harvested from, the EEZ.
    (ii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iii) Cod harvested by recreational fishing vessels in or from the 
EEZ with more than one person aboard may be

[[Page 629]]

pooled in one or more containers. Compliance with the possession limit 
will be determined by dividing the number of fish on board by the number 
of persons on board. If there is a violation of the possession limit on 
board a vessel carrying more than one person, the violation shall be 
deemed to have been committed by the owner or operator of the vessel.
    (iv) Cod must be stored so as to be readily available for 
inspection.
    (v) Seasonal GOM cod possession prohibition. Persons aboard private 
recreational fishing vessels fishing in the GOM Regulated Mesh Area 
specified under Sec. 648.80(a)(1) may not fish for or possess any cod 
from November 1 through March 31. Private recreational vessels in 
possession of cod caught outside the GOM Regulated Mesh Area may transit 
this area, provided all bait and hooks are removed from fishing rods and 
any cod on board has been gutted and stored.
    (vi) Seasonal GOM cod possession prohibition. Persons aboard private 
recreational fishing vessels fishing in the GOM Regulated Mesh Area 
specified under Sec. 648.80(a)(1) may not fish for, possess, or land 
any cod from November 1 through April 15. Private recreational vessels 
in possession of cod caught outside the GOM Regulated Mesh Area may 
transit this area, provided all bait and hooks are removed from all 
fishing rods, and any cod on board has been gutted and stored.
    (2) Charter/party vessels. Charter/party vessels fishing any part of 
a trip in the GOM Regulated Mesh Area, as defined in Sec. 648.80(a)(1), 
are subject to the following possession limit restrictions:
    (i) Unless further restricted by the Seasonal GOM Cod Possession 
Prohibition, specified under paragraph (c)(2)(v) of this section, each 
person on a private recreational vessel may possess no more than 10 cod 
per day.
    (ii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iii) Cod harvested by charter/party vessels with more than one 
person aboard may be pooled in one or more containers. Compliance with 
the possession limits will be determined by dividing the number of fish 
on board by the number of persons on board. If there is a violation of 
the possession limits on board a vessel carrying more than one person, 
the violation shall be deemed to have been committed by the owner or 
operator of the vessel.
    (iv) Cod must be stored so as to be readily available for 
inspection.
    (v) Seasonal GOM cod possession prohibition. Persons aboard charter/
party fishing vessels fishing in the GOM Regulated Mesh Area specified 
under Sec. 648.80(a)(1) may not fish for or possess any cod from 
November 1 through March 31. Charter/party vessels in possession of cod 
caught outside the GOM Regulated Mesh Area may transit this area, 
provided all bait and hooks are removed from fishing rods and any cod on 
board has been gutted and stored.
    (3) Atlantic halibut. Charter and party vessels permitted under this 
part, and recreational fishing vessels fishing in the EEZ, may not 
possess, on board, more than one Atlantic halibut.
    (4) Accounting of daily trip limit. For the purposes of determining 
the per day trip limit for cod for recreational fishing vessels and 
party/charter vessels, any trip in excess of 15 hours and covering 2 
consecutive calendar days will be considered more than 1 day. Similarly, 
any trip in excess of 39 hours and covering 3 consecutive calendar days 
will be considered more than 2 days and, so on, in a similar fashion.
    (5) Charter/party vessels. Charter/party vessels are subject to the 
following possession limit restrictions:
    (i) Unless further restricted by the Seasonal GOM Cod Possession 
Prohibition, specified under paragraph (c)(5)(v) of this section, each 
person on a charter/party vessel may possess no more than 10 cod per day 
in, or harvested from, the EEZ.
    (ii) For purposes of counting fish, fillets shall be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iii) Cod harvested by charter/party vessels with more than one 
person

[[Page 630]]

aboard may be pooled in one or more containers. Compliance with the 
possession limits will be determined by dividing the number of fish on 
board by the number of persons on board. If there is a violation of the 
possession limits on board a vessel carrying more than one person, the 
violation shall be deemed to have been committed by the owner and 
operator of the vessel.
    (iv) Cod must be stored so as to be readily available for 
inspection.
    (v) Seasonal GOM cod possession prohibition. Persons aboard charter/
party fishing vessels fishing in the GOM Regulated Mesh Area specified 
under Sec. 648.80(a)(1) may not fish for or possess any cod from 
November 1 through April 15. Charter/party vessels in possession of cod 
caught outside the GOM Regulated Mesh Area may transit this area, 
provided all bait and hooks are removed from all fishing rods, and any 
cod on board has been gutted and stored.
    (d) Restrictions on sale. It is unlawful to sell, barter, trade, or 
otherwise transfer for a commercial purpose, or to attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose, NE 
multispecies caught or landed by charter or party vessels permitted 
under this part not fishing under a DAS or recreational fishing vessels 
fishing in the EEZ.
    (e) Charter/party vessel restrictions on fishing in GOM closed areas 
and the Nantucket Lightship Closed Area--(1) GOM Closed Areas. A vessel 
fishing under charter/party regulations may not fish in the GOM closed 
areas specified in Sec. 648.81(d)(1) through (f)(1) during the time 
periods specified in those paragraphs, unless the vessel has on board a 
letter of authorization issued by the Regional Administrator pursuant to 
Sec. 648.81(f)(2)(iii) and paragraph (e)(3) of this section. The letter 
of authorization is required for a minimum of 3 months, if the vessel 
intends to fish in the seasonal GOM closure areas, or is required for 
the rest of the fishing year, beginning with the start of the 
participation period of the letter of authorization, if the vessel 
intends to fish in the year-round GOM closure areas.
    (2) Nantucket Lightship Closed Area. A vessel fishing under charter/
party regulations may not fish in the Nantucket Lightship Closed Area 
specified in Sec. 648.81(c)(1) unless the vessel has on board a letter 
of authorization issued by the Regional Administrator pursuant to Sec. 
648.81(c)(2)(iii) and paragraph (e)(3) of this section.
    (3) Letters of authorization. To obtain either of the letters of 
authorization specified in paragraphs (e)(1) and (2) of this section, a 
vessel owner must request a letter from the Northeast Regional Office of 
NMFS, either in writing or by phone (see Table 1 to 50 CFR 600.502). As 
a condition of these letters of authorization, the vessel owner must 
agree to the following:
    (i) The letter of authorization must be carried on board the vessel 
during the period of participation;
    (ii) With the exception of tuna, fish harvested or possessed by the 
vessel may not be sold or intended for trade, barter or sale, regardless 
of where the regulated species are caught;
    (iii) The vessel has no gear other than rod and reel or handline 
gear on board; and
    (iv) For the GOM charter/party closed area exemption only, the 
vessel may not use any NE multispecies DAS during the period of 
participation.
    (f) SNE/MA winter flounder retention prohibition. Private 
recreational and charter/party vessels fishing in the SNE/MA winter 
flounder stock area, as defined in Sec. 648.85(b)(10)(v)(E), may not 
fish for, possess, or land winter flounder. Recreational vessels in 
possession of winter flounder caught outside of the SNE/MA winter 
flounder may transit this area, provided all bait and hooks are removed 
from all fishing rods, and any winter flounder on board has been stored.

[69 FR 22984, Apr. 27, 2004, as amended at 71 FR 62196, Oct. 23, 2006; 
72 FR 73281, Dec. 27, 2007]

    Effective Date Note: At 74 FR 17064, Apr. 13, 2009, Sec. 648.89 was 
amended by suspending paragraphs (b)(1), (c)(1)(v) and (2) and by adding 
paragraphs (b)(5), (c)(1)(vi), (5), and (f), effective May 1, 2009 
through October 28, 2009.

[[Page 631]]



Sec. 648.90  NE multispecies assessment, framework procedures and 

specifications, and flexible area action system.

    For the NE multispecies framework specification process described in 
this section, starting in fishing year 2004, the large-mesh species, 
halibut and ocean pout biennial review (referred to as NE multispecies) 
is considered a separate process from the small-mesh species annual 
review, as described under paragraphs (a)(2) and (b), respectively, of 
this section.
    (a) NE multispecies--(1) NE Multispecies annual SAFE Report. The NE 
Multispecies Plan Development Team (PDT) shall prepare an annual Stock 
Assessment and Fishery Evaluation (SAFE) Report for the NE multispecies 
fishery. The SAFE Report shall be the primary vehicle for the 
presentation of all updated biological and socio-economic information 
regarding the NE multispecies complex and its associated fisheries. The 
SAFE report shall provide source data for any adjustments to the 
management measures that may be needed to continue to meet the goals and 
objectives of the FMP.
    (2) Biennial review. (i) Beginning in 2005, the NE Multispecies PDT 
shall meet on or before September 30 every other year, unless otherwise 
specified in paragraph (a)(3) of this section, under the conditions 
specified in that paragraph, to perform a review of the fishery, using 
the most current scientific information available provided primarily 
from the NEFSC. Data provided by states, ASMFC, the USCG, and other 
sources may also be considered by the PDT. Based on this review, the PDT 
will develop target TACs for the upcoming fishing year(s) and develop 
options for Council consideration, if necessary, on any changes, 
adjustments, or additions to DAS allocations, closed areas, or on other 
measures necessary to achieve the FMP goals and objectives, including 
changes to the Northeast Region SBRM. For the 2005 biennial review, an 
updated groundfish assessment, peer-reviewed by independent scientists, 
will be conducted to facilitate the PDT review for the biennial 
adjustment, if needed, for the 2006 fishing year. Amendment 13 biomass 
and fishing mortality targets may not be modified by the 2006 biennial 
adjustment unless review of all valid pertinent scientific work during 
the 2005 review process justifies consideration.
    (ii) The PDT shall review available data pertaining to: Catch and 
landings, discards, DAS, DAS use, and other measures of fishing effort, 
survey results, stock status, current estimates of fishing mortality, 
social and economic impacts, enforcement issues, and any other relevant 
information.
    (iii) Based on this review, the PDT shall recommend target TACs and 
develop options necessary to achieve the FMP goals and objectives, which 
may include a preferred option. The PDT must demonstrate through 
analyses and documentation that the options they develop are expected to 
meet the FMP goals and objectives. The PDT may review the performance of 
different user groups or fleet Sectors in developing options. The range 
of options developed by the PDT may include any of the management 
measures in the FMP, including, but not limited to: Target TACs, which 
must be based on the projected fishing mortality levels required to meet 
the goals and objectives outlined in the FMP for the 10 regulated 
species, Atlantic halibut (if able to be determined), and ocean pout; 
DAS changes; possession limits; gear restrictions; closed areas; 
permitting restrictions; minimum fish sizes; recreational fishing 
measures; description and identification of EFH; fishing gear management 
measures to protect EFH; designation of habitat areas of particular 
concern within EFH; and changes to the Northeast Region SBRM, including 
the CV-based performance standard, the means by which discard data are 
collected/obtained, fishery stratification, reports, and/or industry-
funded observers or observer set-aside programs. In addition, the 
following conditions and measures may be adjusted through future 
framework adjustments: Revisions to status determination criteria, 
including, but not limited to, changes in the target fishing mortality 
rates, minimum biomass thresholds, numerical estimates of parameter 
values, and the use of a proxy for biomass; DAS allocations (such as the 
category of DAS under the

[[Page 632]]

DAS reserve program, etc.) and DAS baselines, etc.; modifications to 
capacity measures, such as changes to the DAS transfer or DAS leasing 
measures; calculation of area-specific TACs, area management boundaries, 
and adoption of area-specific management measures; Sector allocation 
requirements and specifications, including establishment of a new 
Sector; measures to implement the U.S./Canada Resource Sharing 
Understanding, including any specified TACs (hard or target); changes to 
administrative measures; additional uses for Regular B DAS; future uses 
for C DAS; reporting requirements; the GOM Inshore Conservation and 
Management Stewardship Plan; GB Cod Gillnet Sector allocation; allowable 
percent of TAC available to a Sector through a Sector allocation; 
categorization of DAS; DAS leasing provisions; adjustments for steaming 
time; adjustments to the Handgear A permit; gear requirements to improve 
selectivity, reduce bycatch, and/or reduce impacts of the fishery on 
EFH; SAP modifications; and any other measures currently included in the 
FMP.
    (iv) The Council shall review the target TACs recommended by the PDT 
and all of the options developed by the PDT and other relevant 
information; consider public comment; and develop a recommendation to 
meet the FMP objective pertaining to regulated species, Atlantic 
halibut, and ocean pout that is consistent with other applicable law. If 
the Council does not submit a recommendation that meets the FMP 
objectives and is consistent with other applicable law, the Regional 
Administrator may adopt any option developed by the PDT, unless rejected 
by the Council, as specified in paragraph (a)(2)(vii) of this section, 
provided the option meets the FMP objectives and is consistent with 
other applicable law.
    (v) Based on this review, the Council shall submit a recommendation 
to the Regional Administrator of any changes, adjustments or additions 
to DAS allocations, closed areas or other measures necessary to achieve 
the FMP's goals and objectives. The Council shall include in its 
recommendation supporting documents, as appropriate, concerning the 
environmental and economic impacts of the proposed action and the other 
options considered by the Council.
    (vi) If the Council submits, on or before December 1, a 
recommendation to the Regional Administrator after one Council meeting, 
and the Regional Administrator concurs with the recommendation, the 
Regional Administrator shall publish the Council's recommendation in the 
Federal Register as a proposed rule with a 30-day public comment period. 
The Council may instead submit its recommendation on or before February 
1, if it chooses to follow the framework process outlined in paragraph 
(c) of this section, and requests that the Regional Administrator 
publish the recommendation as a final rule, consistent with the 
Administrative Procedure Act. If the Regional Administrator concurs that 
the Council's recommendation meets the FMP objectives and is consistent 
with other applicable law, and determines that the recommended 
management measures should be published as a final rule, the action will 
be published as a final rule in the Federal Register, consistent with 
the Administrative Procedure Act. If the Regional Administrator concurs 
that the recommendation meets the FMP objectives and is consistent with 
other applicable law and determines that a proposed rule is warranted, 
and, as a result, the effective date of a final rule falls after the 
start of the fishing year on May 1, fishing may continue. However, DAS 
used by a vessel on or after May 1 will be counted against any DAS 
allocation the vessel ultimately receives for that year.
    (vii) If the Regional Administrator concurs in the Council's 
recommendation, a final rule shall be published in the Federal Register 
on or about April 1 of each year, with the exception noted in paragraph 
(a)(2)(vi) of this section. If the Council fails to submit a 
recommendation to the Regional Administrator by February 1 that meets 
the FMP goals and objectives, the Regional Administrator may publish as 
a proposed rule one of the options reviewed and not rejected by the 
Council, provided that the option meets the FMP objectives and is 
consistent with other applicable law. If, after considering public 
comment, the Regional

[[Page 633]]

Administrator decides to approve the option published as a proposed 
rule, the action will be published as a final rule in the Federal 
Register.
    (3) Review in 2008 for the 2009 fishing year. In addition to the 
biennial review specified in paragraph (a)(2) of this section, the PDT 
shall meet to conduct a review of the groundfish fishery by September 
2008 for the purposes of determining the need for a framework action for 
the 2009 fishing year. For the 2008 review, a benchmark assessment, 
peer-reviewed by independent scientists, will be completed for each of 
the regulated multispecies stocks and for Atlantic halibut and ocean 
pout. The interim biomass targets specified in the FMP will be evaluated 
during this benchmark assessment to evaluate the efficacy of the 
rebuilding program. Based on findings from the benchmark assessment, a 
determination will be made as to whether the FMP biomass targets appear 
to be appropriate, or whether they should be increased or decreased, in 
conformance with the best scientific information available.
    (b) Small mesh species--(1) Annual review. The Whiting Monitoring 
Committee (WMC) shall meet separately on or before November 15 of each 
year to develop options for Council consideration on any changes, 
adjustments, closed areas, or other measures necessary to achieve the NE 
Multispecies FMP goals and objectives.
    (i) The WMC shall review available data pertaining to: Catch and 
landings, discards, and other measures of fishing effort, survey 
results, stock status, current estimates of fishing mortality, and any 
other relevant information.
    (ii) The WMC shall recommend management options necessary to achieve 
FMP goals and objectives pertaining to small-mesh multispecies, which 
may include a preferred option. The WMC must demonstrate through 
analyses and documentation that the options it develops are expected to 
meet the FMP goals and objectives. The WMC may review the performance of 
different user groups or fleet Sectors in developing options. The range 
of options developed by the WMC may include any of the management 
measures in the FMP, including, but not limited to: Annual target TACs, 
which must be based on the projected fishing mortality levels required 
to meet the goals and objectives outlined in the FMP for the small-mesh 
multispecies; possession limits; gear restrictions; closed areas; 
permitting restrictions; minimum fish sizes; recreational fishing 
measures; description and identification of EFH; fishing gear management 
measures to protect EFH; designation of habitat areas of particular 
concern within EFH; changes to the Northeast Region SBRM, including the 
CV-based performance standard, the means by which discard data are 
collected/obtained, fishery stratification, reports, and/or industry-
funded observers or observer set-aside programs; and any other 
management measures currently included in the FMP.
    (iii) The Council shall review the recommended target TACs 
recommended by the PDT and all of the options developed by the WMC, and 
other relevant information, consider public comment, and develop a 
recommendation to meet the FMP objectives pertaining to small-mesh 
multispecies that is consistent with other applicable law. If the 
Council does not submit a recommendation that meets the FMP objectives 
and that is consistent with other applicable law, the Regional 
Administrator may adopt any option developed by the WMC, unless rejected 
by the Council, as specified in paragraph (b)(1)(vi) of this section, 
provided the option meets the FMP objectives and is consistent with 
other applicable law.
    (iv) Based on this review, the Council shall submit a recommendation 
to the Regional Administrator of any changes, adjustments or additions 
to closed areas or other measures necessary to achieve the FMP's goals 
and objectives. The Council shall include in its recommendation 
supporting documents, as appropriate, concerning the environmental and 
economic impacts of the proposed action and the other options considered 
by the Council.
    (v) If the Council submits, on or before January 7, a recommendation 
to the Regional Administrator after one

[[Page 634]]

Council meeting, and the Regional Administrator concurs with the 
recommendation, the Regional Administrator shall publish the Council's 
recommendation in the Federal Register as a proposed rule with a 30-day 
public comment period. The Council may instead submit its recommendation 
on or before February 1, if it chooses to follow the framework process 
outlined in paragraph (b)(2) of this section and requests that the 
Regional Administrator publish the recommendation as a final rule, 
consistent with the Administrative Procedure Act. If the Regional 
Administrator concurs that the Council's recommendation meets the FMP 
objective and is consistent with other applicable law, and determines 
that the recommended management measures should be published as a final 
rule, the action will be published as a final rule in the Federal 
Register, consistent with the Administrative Procedure Act. If the 
Regional Administrator concurs that the recommendation meets the FMP 
objective and is consistent with other applicable law and determines 
that a proposed rule is warranted, and, as a result, the effective date 
of a final rule falls after the start of the fishing year on May 1, 
fishing may continue.
    (vi) If the Regional Administrator concurs in the Council's 
recommendation, a final rule shall be published in the Federal Register 
on or about April 1 of each year, with the exception noted in paragraph 
(b)(1)(vi) of this section. If the Council fails to submit a 
recommendation to the Regional Administrator by February 1 that meets 
the FMP goals and objectives, the Regional Administrator may publish as 
a proposed rule one of the options reviewed and not rejected by the 
Council, provided that the option meets the FMP objectives and is 
consistent with other applicable law. If, after considering public 
comment, the Regional Administrator decides to approve the option 
published as a proposed rule, the action will be published as a final 
rule in the Federal Register.
    (2) [Reserved]
    (c) Within season management action for NE multispecies, including 
small-mesh NE multispecies. The Council may, at any time, initiate 
action to add or adjust management measures if it finds that action is 
necessary to meet or be consistent with the goals and objectives of the 
NE Multispecies FMP, to address gear conflicts, or to facilitate the 
development of aquaculture projects in the EEZ. This procedure may also 
be used to modify FMP overfishing definitions and fishing mortality 
targets that form the basis for selecting specific management measures.
    (1) Adjustment process. (i) After a management action has been 
initiated, the Council shall develop and analyze appropriate management 
actions over the span of at least two Council meetings. The Council 
shall provide the public with advance notice of the availability of both 
the proposals and the analyses and opportunity to comment on them prior 
to and at the second Council meeting. The Council's recommendation on 
adjustments or additions to management measures, other than to address 
gear conflicts, must come from one or more of the following categories: 
DAS changes, effort monitoring, data reporting, possession limits, gear 
restrictions, closed areas, permitting restrictions, crew limits, 
minimum fish sizes, onboard observers, minimum hook size and hook style, 
the use of crucifer in the hook-gear fishery, fleet Sector shares, 
recreational fishing measures, area closures and other appropriate 
measures to mitigate marine mammal entanglements and interactions, 
description and identification of EFH, fishing gear management measures 
to protect EFH, designation of habitat areas of particular concern 
within EFH, changes to the Northeast Region SBRM, and any other 
management measures currently included in the FMP. In addition, the 
Council's recommendation on adjustments or additions to management 
measures pertaining to small-mesh NE multispecies, other than to address 
gear conflicts, must come from one or more of the following categories: 
Quotas and appropriate seasonal adjustments for vessels fishing in 
experimental or exempted fisheries that use small mesh in combination 
with a separator trawl/grate (if applicable), modifications to separator 
grate (if applicable) and mesh

[[Page 635]]

configurations for fishing for small-mesh NE multispecies, adjustments 
to whiting stock boundaries for management purposes, adjustments for 
fisheries exempted from minimum mesh requirements to fish for small-mesh 
NE multispecies (if applicable), season adjustments, declarations, 
participation requirements for the Cultivator Shoal Whiting Fishery 
Exemption Area, and changes to the Northeast Region SBRM (including the 
CV-based performance standard, the means by which discard data are 
collected/obtained, fishery stratification, reports, and/or industry-
funded observers or observer set-aside programs).
    (ii) Adjustment process for whiting TACs and DAS. The Council may 
develop recommendations for a whiting DAS effort reduction program or a 
whiting TAC through the framework process outlined in paragraph (c) of 
this section only if these options are accompanied by a full set of 
public hearings that span the area affected by the proposed measures in 
order to provide adequate opportunity for public comment.
    (2) Adjustment process for gear conflicts. The Council may develop a 
recommendation on measures to address gear conflicts as defined under 50 
CFR 600.10, in accordance with the procedures specified in Sec. 648.55 
(d) and (e).
    (3) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule, consistent 
with the Administrative Procedure Act. If the Council recommends that 
the management measures should be issued as a final rule, the Council 
must consider at least the following factors and provide support and 
analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (4) Regional Administrator action. If the Council's recommendation 
includes adjustments or additions to management measures, after 
reviewing the Council's recommendation and supporting information:
    (i) If the Regional Administrator concurs with the Council's 
recommended management measures and determines that the recommended 
management measures should be issued as a final rule, based on the 
factors specified in paragraph (c)(3) of this section, the measures will 
be issued as a final rule in the Federal Register, consistent with the 
Administrative Procedure Act.
    (ii) If the Regional Administrator concurs with the Council's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the measures will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Administrator concurs with the Council's 
recommendation, the measures will be issued as a final rule in the 
Federal Register.
    (iii) If the Regional Administrator does not concur, the Council 
will be notified in writing of the reasons for the non-concurrence.
    (d) Flexible Area Action System. (1) The Chair of the Multispecies 
Oversight Committee, upon learning of the presence of discard problems 
associated with large concentrations of juvenile, sublegal, or spawning 
multispecies,

[[Page 636]]

shall determine if the situation warrants further investigation and 
possible action. In making this determination, the Committee Chair shall 
consider the amount of discard of regulated species, the species 
targeted, the number and types of vessels operating in the area, the 
location and size of the area, and the resource condition of the 
impacted species. If he/she determines it is necessary, the Committee 
Chair will request the Regional Administrator to initiate a fact finding 
investigation to verify the situation and publish notification in the 
Federal Register requesting public comments in accordance with the 
procedures therefore in Amendment 3 to the NE Multispecies FMP.
    (2) After examining the facts, the Regional Administrator shall, 
within the deadlines specified in Amendment 3, provide the technical 
analysis required by Amendment 3.
    (3) The NEFMC shall prepare an economic impact analysis of the 
potential management options under consideration within the deadlines 
specified in Amendment 3.
    (4) Copies of the analysis and reports prepared by the Regional 
Administrator and the NEFMC shall be made available for public review at 
the NEFMC's office and the Committee shall hold a meeting/public 
hearing, at which time it shall review the analysis and reports and 
request public comments. Upon review of all available sources of 
information, the Committee shall determine what course of action is 
warranted by the facts and make a recommendation, consistent with the 
provisions of Amendment 3 to the Regional Administrator.
    (5) By the deadline set in Amendment 3 the Regional Administrator 
shall either accept or reject the Committee's recommendation. If the 
recommended action is consistent with the record established by the 
fact-finding report, impact analysis, and comments received at the 
public hearing, he/she shall accept the Committee's recommendation and 
implement it through notification in the Federal Register and by notice 
sent to all vessel owners holding multispecies permits. The Regional 
Administrator shall also use other appropriate media, including, but not 
limited to, mailings to the news media, fishing industry associations 
and radio broadcasts, to disseminate information on the action to be 
implemented.
    (6) Once implemented, the Regional Administrator shall monitor the 
affected area to determine if the action is still warranted. If the 
Regional Administrator determines that the circumstances under which the 
action was taken, based on the Regional Administrator's report, the 
NEFMC's report, and the public comments, are no longer in existence, he/
she shall terminate the action by notification in the Federal Register.
    (7) Actions taken under this section will ordinarily become 
effective upon the date of filing with the Office of the Federal 
Register. The Regional Administrator may determine that facts warrant a 
delayed effective date.
    (e) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action and interim measures under 
section 305(c) of the Magnuson-Stevens Act.

[69 FR 22984, Apr. 27, 2004, as amended at 70 FR 76429, Dec. 27, 2005; 
73 FR 4754, Jan. 28, 2008]



Sec. 648.91  Monkfish regulated mesh areas and restrictions on gear and 

methods of fishing.

    All vessels fishing for, possessing or landing monkfish must comply 
with the following minimum mesh size, gear, and methods of fishing 
requirements, unless otherwise exempted or prohibited:
    (a) Northern Fishery Management Area (NFMA)--Area definition. The 
NFMA (copies of a chart depicting the area are available from the 
Regional Administrator upon request) is that area defined by a line 
beginning at the intersection of 70[deg] W. longitude and the south-
facing shoreline of Cape Cod, MA (point A), then southward along 70[deg] 
W. longitude to 41[deg] N. latitude, then eastward to the U.S.-Canada 
maritime boundary, then in a northerly direction along the U.S.-Canada 
maritime boundary until it intersects the Maine shoreline, and then 
following the coastline in a southerly direction until it intersects 
with point A.

[[Page 637]]

    (b) Southern Fishery Management Area (SFMA)--Area definition. The 
SFMA (copies of a chart depicting the area are available from the 
Regional Administrator upon request) is that area defined by a line 
beginning at point A, then in a southerly direction to the NC-SC border, 
then due east to the 200-mile limit, then in a northerly direction along 
the 200-mile limit to the U.S.-Canada maritime boundary, then in a 
northwesterly direction along the U.S.-Canada maritime boundary to 
41[deg] N. latitude, and then westward to 70[deg] W. longitude, and 
finally north to the shoreline at Cape Cod, MA (point A).
    (c) Gear restrictions--(1) Minimum mesh size--(i) Trawl nets while 
on a monkfish DAS. Except as provided in paragraph (c)(1)(ii) of this 
section, the minimum mesh size for any trawl net, including beam trawl 
nets, used by a vessel fishing under a monkfish DAS is 10-inch (25.4-cm) 
square or 12-inch (30.5-cm) diamond mesh throughout the codend for at 
least 45 continuous meshes forward of the terminus of the net. The 
minimum mesh size for the remainder of the trawl net is the regulated 
mesh size specified under Sec. 648.80(a)(3), (a)(4), (b)(2)(i), or 
(c)(2)(i) of the Northeast multispecies regulations, depending upon and 
consistent with the NE multispecies regulated mesh area being fished.
    (ii) Trawl nets while on a monkfish and NE multispecies DAS. Vessels 
issued a Category C, D, G, or H limited access monkfish permit and 
fishing with trawl gear under both a monkfish and NE multispecies DAS 
are subject to the minimum mesh size allowed under regulations governing 
mesh size at Sec. 648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i), 
depending upon, and consistent with, the NE multispecies regulated mesh 
area being fished, unless otherwise specified in this paragraph 
(c)(1)(ii). Trawl vessels participating in the Offshore Fishery Program, 
as described in Sec. 648.95, and that have been issued a Category F 
monkfish limited access permit, are subject to the minimum mesh size 
specified in paragraph (c)(1)(i) of this section.
    (iii) Gillnets while on a monkfish DAS. The minimum mesh size for 
any gillnets used by a vessel fishing under a monkfish DAS is 10-inch 
(25.4-cm) diamond mesh, unless otherwise provided for under Sec. 
648.92(b)(1)(iii)(B).
    (iv) Authorized gear while on a monkfish and scallop DAS. Vessels 
issued a Category C, D, G, or H limited access monkfish permit and 
fishing under a monkfish and scallop DAS may only fish with and use a 
trawl net with a mesh size no smaller than that specified in paragraph 
(c)(1)(i) of this section.
    (2) Other gear restrictions. (i) A vessel may not fish with dredges 
or have dredges on board while fishing under a monkfish DAS.
    (ii) All other non-conforming gear must be stowed as specified in 
Sec. 648.23(b).
    (iii) The mesh size restrictions in paragraph (c)(1) of this section 
do not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 ft\2\ (0.81 m\2\)).
    (3) SFMA trawl roller gear restriction. The roller gear diameter on 
any vessel on a monkfish DAS in the SFMA may not exceed 6 inches (15.2 
cm) in diameter.

[64 FR 54747, Oct. 7, 1999, as amended at 65 FR 37917, June 19, 2000; 67 
FR 50323, Aug. 1, 2002; 70 FR 21942, Apr. 28, 2005; 72 FR 53949, Sept. 
21, 2007]



Sec. 648.92  Effort-control program for monkfish limited access vessels.

    (a) General. A vessel issued a limited access monkfish permit may 
not fish for, possess, retain, or land monkfish, except during a DAS as 
allocated under and in accordance with the applicable DAS program 
described in this section, except as otherwise provided in this part.
    (1) End of year carryover. With the exception of a vessel that held 
a Confirmation of Permit History, as described in Sec. 
648.4(a)(1)(i)(J), for the entire fishing year preceding the carryover 
year, a limited access monkfish vessel that has unused monkfish DAS on 
the last day of April of any year may carry over a maximum of 4 unused 
monkfish DAS into the next fishing year. A vessel whose DAS have been 
sanctioned through enforcement proceedings shall be credited with unused 
DAS based on its DAS allocation minus any DAS that have been sanctioned.
    (2) [Reserved]

[[Page 638]]

    (b) Monkfish DAS program--permit categories and allocations--(1) 
Limited access monkfish permit holders--(i) General provision. Limited 
access monkfish permit holders shall be allocated 31 monkfish DAS each 
fishing year to be used in accordance with the restrictions of this 
paragraph (b), unless otherwise restricted by paragraph (b)(1)(ii) of 
this section or modified by Sec. 648.96(b)(3), or unless the vessel is 
enrolled in the Offshore Fishery Program in the SFMA, as specified in 
paragraph (b)(1)(iv) of this section. The annual allocation of monkfish 
DAS shall be reduced by the amount calculated in paragraph (b)(1)(v) of 
this section for the research DAS set-aside. Limited access NE 
multispecies and limited access sea scallop permit holders who also 
possess a limited access monkfish permit must use a NE multispecies or 
sea scallop DAS concurrently with each monkfish DAS utilized, except as 
provided in paragraph (b)(2) of this section, unless otherwise specified 
under this subpart F.
    (ii) DAS restrictions for vessels fishing in the SFMA. Limited 
access monkfish vessels may only use 23 of their 31 monkfish DAS 
allocation in the SFMA. All limited access monkfish vessels fishing in 
the SFMA must declare that they are fishing in this area through the 
vessel call-in system or VMS prior to the start of every trip. In 
addition, if a vessel does not possess a valid letter of authorization 
from the Regional Administrator to fish in the NFMA as described in 
Sec. 648.94(f), NMFS shall presume that any monkfish DAS used were 
fished in the SFMA.
    (iii) DAS declaration provision for vessels fishing in the NFMA with 
a VMS unit. Any limited access NE multispecies vessel fishing under a NE 
multispecies Category A DAS in the NFMA, and issued an LOA as specified 
in Sec. 648.94(f), may change its DAS declaration to a monkfish DAS 
through the vessel's VMS unit during the course of the trip, but prior 
to crossing the VMS demarcation line upon its return to port or leaving 
the NFMA, if the vessel exceeds the incidental catch limit specified 
under Sec. 648.94(c).
    (A) Vessels that change their DAS declaration from a NE multispecies 
Category A DAS to a monkfish DAS during the course of a trip remain 
subject to the NE multispecies DAS usage requirements (i.e., use a NE 
multispecies Category A DAS in conjunction with the monkfish DAS) 
described in paragraph (b)(2)(i) of this section.
    (B) Gillnet vessels that change their DAS declaration in accordance 
with this paragraph (b)(1)(iii) are not subject to the gillnet minimum 
mesh size restrictions found at Sec. 648.91(c)(1)(iii), but are subject 
to the smaller NE multispecies minimum mesh requirements for gillnet 
vessels found under Sec. 648.80 based upon the NE Multispecies 
Regulated Mesh Area in which the vessel is fishing.
    (C) Vessels that change their DAS declaration from a NE multispecies 
Category A DAS to a monkfish DAS during the course of a trip remain 
subject to the NE multispecies DAS usage requirements (i.e., use a NE 
multispecies Category A DAS in conjunction with the monkfish DAS) 
described in paragraph (b)(10)(i) of this section.
    (iv) Offshore Fishery Program DAS allocation. A vessel issued a 
Category F permit, as described in Sec. 648.95, shall be allocated a 
prorated number of monkfish DAS as specified in Sec. 648.95(g)(2).
    (v) Research DAS set-aside. A total of 500 DAS shall be set aside 
and made available for cooperative research programs as described in 
paragraph (c) of this section. These DAS shall be deducted from the 
total number of DAS allocated to all monkfish limited access permit 
holders, as specified under paragraph (b)(1)(i) of this section. A per 
vessel deduction shall be determined as follows: Allocated DAS minus the 
quotient of 500 DAS divided by the total number of limited access 
permits issued in the previous fishing year. For example, if the DAS 
allocation equals 31 DAS and there were 750 limited access monkfish 
permits issued during FY 2006, the number of DAS allocated to each 
vessel during FY 2007 would be 31 DAS minus 0.7 (500 DAS divided by 750 
permits), or 30.3 DAS.
    (vi) General provision. Limited access monkfish permit holders shall 
be allocated 31 monkfish DAS each fishing year to be used in accordance 
with the restrictions of this paragraph (b), unless otherwise restricted 
by paragraph

[[Page 639]]

(b)(1)(ii) of this section or modified by Sec. 648.96(b)(3), or unless 
the vessel is enrolled in the Offshore Fishery Program in the SFMA, as 
specified in paragraph (b)(1)(iv) of this section. The annual allocation 
of monkfish DAS shall be reduced by the amount calculated in paragraph 
(b)(1)(v) of this section for the research DAS set-aside. Limited access 
NE multispecies and limited access sea scallop permit holders who also 
possess a limited access monkfish permit must use a NE multispecies or 
sea scallop DAS concurrently with each monkfish DAS utilized, except as 
provided in paragraph (b)(10) of this section, unless otherwise 
specified under this subpart F.
    (iv) Offshore Fishery Program DAS allocation. A vessel issued a 
Category F permit, as described in Sec. 648.95, shall be allocated a 
prorated number of monkfish DAS as specified in Sec. 648.95(g)(2).
    (v) Research DAS set-aside. A total of 500 DAS shall be set aside 
and made available for cooperative research programs as described in 
paragraph (c) of this section. These DAS shall be deducted from the 
total number of DAS allocated to all monkfish limited access permit 
holders, as specified under paragraph (b)(1)(i) of this section. A per 
vessel deduction shall be determined as follows: Allocated DAS minus the 
quotient of 500 DAS divided by the total number of limited access 
permits issued in the previous fishing year. For example, if the DAS 
allocation equals 31 DAS and there were 750 limited access monkfish 
permits issued during FY 2006, the number of DAS allocated to each 
vessel during FY 2007 would be 31 DAS minus 0.7 (500 DAS divided by 750 
permits), or 30.3 DAS.
    (2) Category C, D, F, G, or H limited access monkfish permit 
holders. (i) Unless otherwise specified in paragraph (b)(2)(ii) of this 
section, each monkfish DAS used by a limited access NE multispecies or 
scallop DAS vessel holding a Category C, D, F, G, or H limited access 
monkfish permit shall also be counted as a NE multispecies or scallop 
DAS, as applicable, except when a Category C, D, F, G, or H vessel with 
a limited access NE multispecies DAS permit has an allocation of NE 
multispecies Category A DAS, specified under Sec. 648.82(d)(1), that is 
less than the number of monkfish DAS allocated for the fishing year May 
1 through April 30. Under this circumstance, the vessel may fish under 
the monkfish limited access Category A or B provisions, as applicable, 
for the number of DAS that equal the difference between the number of 
its allocated monkfish DAS and the number of its allocated NE 
multispecies Category A DAS. For such vessels, when the total allocation 
of NE multispecies Category A DAS has been used, a monkfish DAS may be 
used without concurrent use of a NE multispecies DAS, provided that the 
vessel fishes under the regulations pertaining to a Category B vessel 
and does not retain any regulated NE multispecies. For example, if a 
monkfish Category D vessel's NE multispecies Category A DAS allocation 
is 20, and the vessel fished 20 of its 31 monkfish DAS, 20 NE 
multispecies Category A DAS would also be used. However, after all 20 NE 
multispecies Category A DAS are used, the vessel may utilize its 
remaining 11 monkfish DAS to fish for monkfish, without a NE 
multispecies DAS being used. A vessel holding a Category C, D, F, G, or 
H limited access monkfish permit may not use a NE multispecies Category 
B Regular DAS under the NE Multispecies Regular B DAS Program, as 
specified under Sec. 648.85(b)(6), in order to satisfy the requirement 
of this paragraph (b)(2)(i) to use a NE multispecies DAS concurrently 
with a monkfish DAS.
    (ii) Category C, D, F, G, or H vessels that lease NE multispecies 
DAS. (A) A monkfish Category C, D, F, G, or H vessel that has 
``monkfish-only'' DAS, as specified in paragraph (b)(2)(i) of this 
section, and that leases NE multispecies DAS from another vessel 
pursuant to Sec. 648.82(k), is required to fish its available 
``monkfish-only'' DAS in conjunction with its leased NE multispecies 
DAS, to the extent that the vessel has NE multispecies DAS available.
    (B) A monkfish Category C, D, F, G, or H vessel that leases DAS to 
another vessel(s), pursuant to Sec. 648.82(k), must forfeit a monkfish 
DAS for each NE multispecies DAS that the vessel

[[Page 640]]

leases, equal in number to the difference between the number of 
remaining NE multispecies DAS and the number of unused monkfish DAS at 
the time of the lease. For example, if a lessor vessel, which had 31 
unused monkfish DAS and 35 allocated NE multispecies DAS, leased 10 of 
its NE multispecies DAS to another vessel, the lessor would forfeit 6 of 
its monkfish DAS (10 - (35 NE multispecies DAS - 31 monkfish DAS) = 6).
    (3) Accrual of DAS. Same as Sec. 648.53(f).
    (4) Good Samaritan credit. Same as Sec. 648.53(g).
    (5) [Reserved]
    (6) Declaring monkfish DAS. A vessel's owner or authorized 
representative shall notify the Regional Administrator of a vessel's 
participation in the monkfish DAS program using the notification 
requirements specified in Sec. 648.10.
    (7) Adjustments in annual monkfish DAS allocations. Adjustments in 
annual monkfish DAS allocations, if required to meet fishing mortality 
goals, may be implemented pursuant to the framework adjustment 
procedures of Sec. 648.96.
    (8) Gillnet restrictions--(i) Number and size of nets--(A) Category 
A and B vessels. A vessel issued a monkfish limited access Category A or 
B permit and fishing under a monkfish DAS may not fish with, haul, 
possess, or deploy more than 160 gillnets. Nets may not be longer than 
300 ft (91.44 m), or 50 fathoms, in length.
    (B) Category C, D, F, G, and H vessels that possess a limited access 
NE multispecies permit. A vessel issued a valid monkfish limited access 
Category C, D, F, G, or H permit that possesses a valid limited access 
NE multispecies permit and fishing under a monkfish DAS may not fish 
with, haul, possess, or deploy more than 150 gillnets. A vessel issued a 
NE multispecies limited access permit and a limited access monkfish 
permit, and fishing under a monkfish DAS, may fish any combination of 
monkfish, roundfish, and flatfish gillnets, up to 150 nets total, 
provided that the number of monkfish, roundfish, and flatfish gillnets 
is consistent with the limitations of Sec. 648.82. Nets may not be 
longer than 300 ft (91.4 m), or 50 fathoms, in length.
    (ii) Tagging requirements. Beginning May 1, 2000, all gillnets 
fished, hauled, possessed, or deployed by a vessel fishing for monkfish 
under a monkfish DAS must have one monkfish tag per net, with one tag 
secured to every other bridle of every net within a string of nets. Tags 
must be obtained as described in Sec. 648.4. A vessel operator must 
account for all net tags upon request by an authorized officer.
    (iii) Lost tags. A vessel owner or operator must report lost, 
destroyed, or missing tag numbers by letter or fax to the Regional 
Administrator within 24 hours after tags have been discovered lost, 
destroyed, or missing.
    (iv) Replacement tags. A vessel owner or operator seeking 
replacement of lost, destroyed, or missing tags must request replacement 
tags by letter or fax to the Regional Administrator. A check for the 
cost of the replacement tags must be received before the tags will be 
re-issued.
    (v) Method of counting DAS. A vessel fishing with gillnet gear under 
a monkfish DAS shall accrue 15 hours monkfish DAS for all trips less 
than or equal to 15 hours in duration. Such vessels shall accrue 
monkfish DAS based on actual time at sea for trips greater than 15 hours 
in duration. A vessel fishing with gillnet gear under only a monkfish 
DAS is not required to remove gillnet gear from the water upon returning 
to the dock and calling out of the DAS program, provided the vessel 
complies with the requirements and conditions of paragraphs (b)(8)(i)-
(v) of this section. A vessel fishing with gillnet gear under a joint 
monkfish and NE multispecies DAS, as required under Sec. 
648.92(b)(2)(i), that is declared as a trip gillnet vessel under the NE 
Multispecies FMP, must remove its gillnet gear from the water prior to 
calling out of the DAS program, as specified at Sec. 648.82(j)(2).
    (vi) Method of counting DAS. A vessel fishing with gillnet gear 
under a monkfish DAS shall accrue 15 hr of monkfish DAS for all trips 
less than or equal to 15 hr in duration. Such vessels shall accrue 
monkfish DAS based on actual time at sea for trips greater than 15 hr in 
duration. A vessel fishing with gillnet gear under only a

[[Page 641]]

monkfish DAS is not required to remove gillnet gear from the water upon 
returning to the dock and calling out of the DAS program, provided the 
vessel complies with the requirements and conditions of paragraphs 
(b)(8)(i)-(vi) of this section. A vessel fishing with gillnet gear under 
a joint monkfish and NE multispecies DAS, as required under Sec. 
648.92(b)(10)(i), that is declared as a trip gillnet vessel under the NE 
Multispecies FMP, must remove its gillnet gear from the water prior to 
calling out of the DAS program, as specified at Sec. 648.82(j)(2).
    (9) Category G and H limited access permit holders. (i) Vessels 
issued monkfish limited access Category G or H permits may only fish 
under a monkfish DAS in the area south of 38[deg]40[min] N. lat.
    (ii) Vessels issued valid limited access monkfish Category G or H 
permit that also possess a limited access NE multispecies or limited 
access scallop permit are subject to the same provisions as Category C 
or D vessels, respectively, unless otherwise stated under this subpart 
F.
    (10) Category C, D, F, G, or H limited access monkfish permit 
holders--(i) Unless otherwise specified in paragraph (b)(10)(ii) of this 
section, each monkfish DAS used by a limited access NE multispecies or 
scallop DAS vessel holding a Category C, D, F, G, or H limited access 
monkfish permit shall also be counted as a NE multispecies or scallop 
DAS, as applicable, except when a Category C, D, F, G, or H vessel with 
a limited access NE multispecies DAS permit has an allocation of NE 
multispecies Category A DAS, specified under Sec. 648.82(d)(1), that is 
less than the number of monkfish DAS allocated for the fishing year May 
1 through April 30. Under this circumstance, the vessel may fish under 
the monkfish limited access Category A or B provisions, as applicable, 
for the number of DAS that equal the difference between the number of 
its allocated monkfish DAS and its allocated NE multispecies Category A 
DAS. For such vessels, when the total allocation of NE multispecies 
Category A DAS has been used, a monkfish DAS may be used without 
concurrent use of a NE multispecies DAS, provided that the vessel fishes 
under the regulations pertaining to a Category B vessel and does not 
retain any regulated NE multispecies. For example, if a monkfish 
Category D vessel's NE multispecies Category A DAS allocation is 20, and 
the monkfish allocation is 31, the vessel may use up to 11 of its 
monkfish DAS without concurrently using a groundfish DAS (31-20 = 11), 
after all 20 NE multispecies Category A DAS are used. In addition, 
Category C and D vessels that are fishing in one or both of the 2:1 
differential DAS areas specified in Sec. 648.82(e)(4)(i) shall accrue 
monkfish-only DAS to account for those monkfish DAS that are ``lost'' as 
a result of fishing in the differential DAS area (resulting from the use 
of groundfish DAS at a higher rate). These vessels shall accrue 
monkfish-only DAS at a rate of 1 monkfish DAS for every 2 NE 
multispecies DAS used in the differential area (2:1 rate). These 
monkfish-only DAS may later be used without concurrent use of a NE 
multispecies DAS, provided that the vessel fishes under the regulations 
pertaining to a Category A or Category B vessel and does not retain any 
regulated NE multispecies. A vessel holding a Category C, D, F, G, or H 
limited access monkfish permit may not use a NE multispecies Category B 
Regular DAS under the NE Multispecies Regular B DAS Program, as 
specified under Sec. 648.85(b)(10), in order to satisfy the requirement 
of this paragraph (b)(10)(i) to use a NE multispecies DAS concurrently 
with a monkfish DAS.
    (c) Monkfish Research--(1) DAS Set-Aside Program. (i) NMFS will 
publish a Request for Proposals (RFP) in the Federal Register at least 3 
months prior to the start of the upcoming fishing year, consistent with 
procedures and requirements established by the NOAA Grants Office, to 
solicit proposals from industry for the upcoming fishing year, based on 
research priorities identified by the Councils.
    (ii) NMFS shall convene a review panel that may include members of 
the Councils' Monkfish Oversight Committee, the Council's Research 
Steering Committee, and other technical experts, to review proposals 
submitted in response to the RFP.
    (A) Each panel member shall recommend which research proposals

[[Page 642]]

should be authorized to utilize the research DAS set aside in accordance 
with paragraph (b)(1)(iv) of this section, based on the selection 
criteria described in the RFP.
    (B) The Regional Administrator shall consider each panel member's 
recommendation, provide final approval of the projects, and notify 
applicants of the grant award through written notification to the 
project proponent. The Regional Administrator may exempt selected 
vessel(s) from regulations specified in each of the respective FMPs 
throughthe exempted fishing permit (EFP) process specified under Sec. 
600.745(b)(2).
    (iii) The grant awards approved under the RFPs shall be for the 
upcoming fishing year. Proposals to fund research that would start prior 
to the fishing year are not eligible for consideration. Multi-year grant 
awards may be approved under an RFP for an upcoming fishing year, so 
long as the research DAS available under subsequent RFPs are adjusted to 
account for the approval of multi-year awards. All research trips shall 
be completed within the fishing year(s) for which the research grant was 
awarded.
    (iv) Research projects shall be conducted in accordance with 
provisions approved and provided in an EFP issued by the Regional 
Administrator, as authorized under Sec. 600.745(b)(2).
    (v) If the Regional Administrator determines that the annual 
allocation of research DAS will not be used in its entirety once all of 
the grant awards have been approved, the Regional Administrator shall 
reallocate the unallocated research DAS as exempted DAS to be authorized 
as described in paragraph (c)(2) of this section, and provide notice of 
the reallocation of DAS in the Federal Register. Any unused research DAS 
may not be carried over into the next fishing year.
    (vi) For proposals that require other regulatory exemptions that 
extend beyond the scope of the analysis contained in the Monkfish FMP, 
subsequent amendments, or framework adjustments, applicants may be 
required to provide additional analysis of the impacts of the requested 
exemptions before issuance of an EFP will be considered.
    (2) DAS Exemption Program. (i) Vessels that seek to conduct monkfish 
research within the current fishing year, and that were not selected in 
the RFP process during the previous fishing year, may seek exemptions 
from monkfish DAS for the purpose of conducting exempted fishing 
activities, as authorized at Sec. 600.745(b), under the following 
conditions and restrictions:
    (A) The request for a monkfish DAS exemption must be submitted along 
with a complete application for an EFP to the Regional Administrator. 
The requirements for submitting a complete EFP application are provided 
in Sec. 600.745(b)(2);
    (B) Exempted DAS must be available for usage. Exempted DAS shall 
only be made available by the Regional Administrator if it is determined 
that the annual set-aside of research DAS will not be used in its 
entirety, as described in paragraph (c)(1)(v) of this section. If 
exempted DAS are not available for usage, the applicant may continue to 
seek an exemption from monkfish DAS, but may be required to conduct an 
analysis of the impacts associated with the monkfish DAS exemption 
request before issuance of the EFP application will be considered; and
    (C) For EFP applications that require other regulatory exemptions 
that extend beyond the scope of the analysis contained in the Monkfish 
FMP, subsequent amendments, or framework adjustments, applicants may be 
required to provide additional analysis of the impacts of the requested 
exemptions before issuance of an EFP will be considered.
    (ii) Monkfish DAS exemption requests shall be reviewed and approved 
by the Regional Administrator in the order in which they are received.
    (ii) Category C, D, F, G, or H vessels that lease NE multispecies 
DAS. (A) A monkfish Category C, D, F, G, or H vessel that has 
``monkfish-only'' DAS, as specified in paragraph (b)(2)(i) of this 
section, and that leases NE multispecies DAS from another vessel 
pursuant to Sec. 648.82(k), is required to fish its available 
``monkfish-only'' DAS in conjunction with its leased NE multispecies 
DAS, to the extent that the vessel has NE multispecies DAS available.

[[Page 643]]

    (B) A monkfish Category C, D, F, G, or H vessel that leases DAS to 
another vessel(s), pursuant to Sec. 648.82(k) must forfeit a monkfish 
DAS for each NE multispecies DAS that the vessel leases, equal in number 
to the difference between the number of remaining NE multispecies DAS 
and the number of unused monkfish DAS at the time of the lease. For 
example, if a lessor vessel that had 31 unused monkfish DAS and 35 
allocated NE multispecies DAS leased 10 of its NE multispecies DAS to 
another vessel, the lessor would forfeit 6 of its monkfish DAS (10 - (35 
NE multispecies DAS - 31 monkfish DAS) = 6).

[64 FR 54748, Oct. 7, 1999, as amended at 67 FR 50323, Aug. 1, 2002; 68 
FR 4114, Jan. 28, 2003; 68 FR 22329, Apr. 28, 2003; 69 FR 18293, Apr. 7, 
2004; 69 FR 22988, Apr. 27, 2004; 70 FR 21942, 22244, Apr. 28, 2005; 70 
FR 76429, Dec. 27, 2005; 71 FR 23874, Apr. 25, 2006; 71 FR 62196, Oct. 
23, 2006; 72 FR 53949, Sept. 21, 2007; 72 FR 73281, Dec. 27, 2007; 73 FR 
22834, Apr. 28, 2008]

    Effective Date Note: At 74 FR 17064, Apr. 13, 2009, Sec. 648.92 was 
amended by suspending paragraphs (b)(1)(i), (iii)(A), (2) and (8)(v) and 
by adding paragraphs (b)(1)(iii)(C), (vi), (8)(vi), and (10), effective 
May 1, 2009 through October 28, 2009.



Sec. 648.93  Monkfish minimum fish sizes.

    (a) General provisions. (1) All monkfish caught by vessels issued a 
valid Federal monkfish permit must meet the minimum fish size 
requirements established in this section.

                           Minimum Fish Sizes
                       (Total Length/Tail Length)
------------------------------------------------------------------------
                  Total Length                         Tail Length
------------------------------------------------------------------------
17 inches (43.2 cm)                                  11 inches (27.9 cm)
------------------------------------------------------------------------

    (2) The minimum fish size applies to the whole fish (total length) 
or to the tail of a fish (tail length) at the time of landing. Fish or 
parts of fish, with the exception of cheeks and livers, must have skin 
on while possessed on board a vessel and at the time of landing in order 
to meet minimum size requirements. ``Skin on'' means the entire portion 
of the skin normally attached to the portion of the fish or fish parts 
possessed. Monkfish tails are measured from the anterior portion of the 
fourth cephalic dorsal spine to the end of the caudal fin. Any tissue 
anterior to the fourth dorsal spine is ignored. If the fourth dorsal 
spine or the tail is not intact, the minimum size is measured between 
the most anterior vertebra and the most posterior portion of the tail.
    (b) Minimum fish size. The minimum fish size for all vessels is 17 
inches (43.2 cm) total length or 11 inches (27.9 cm) tail length.

[64 FR 54749, Oct. 7, 1999, as amended at 68 FR 22329, Apr. 28, 2003; 70 
FR 21944, Apr. 28, 2005]



Sec. 648.94  Monkfish possession and landing restrictions.

    (a) General. Monkfish may be possessed or landed either as tails 
only, or in whole form, or any combination of the two. When both tails 
and whole fish are possessed or landed, the possession or landing limit 
for monkfish tails shall be the difference between the whole weight 
limit minus the landing of whole monkfish, divided by 3.32. A 996 lb 
(452 kg) whole weight trip limit and a 600 lb (272 kg) landing of whole 
fish shall, for example, allow for a maximum landing of tails of 119.3 
lb (54.1 kg).
    (b) Vessels issued limited access monkfish permits--
    (1) Vessels fishing under the monkfish DAS program in the NFMA--(i) 
Category A and C vessels. Limited access monkfish Category A and C 
vessels that fish under a monkfish DAS exclusively in the NFMA may land 
up to 1,250 lb (567 kg) tail weight or 4,150 lb (1,882 kg) whole weight 
of monkfish per DAS (or any prorated combination of tail weight and 
whole weight based on the conversion factor for tail weight to whole 
weight of 3.32).
    (ii) Category B and D vessels. Limited access monkfish Category B 
and D vessels that fish under a monkfish DAS exclusively in the NFMA may 
land up to 470 lb (213 kg) tail weight or 1,560 lb (708 kg) whole weight 
of monkfish per DAS (or any prorated combination of tail weight and 
whole weight based on the conversion factor for tail weight to whole 
weight of 3.32).
    (2) Vessels fishing under the monkfish DAS program in the SFMA--(i) 
Category A, C, and G vessels. Limited access monkfish Category A, C, and 
G vessels that fish under a monkfish DAS in the SFMA may land up to 550 
lb (249 kg) tail weight or 1,826 lb (828 kg) whole

[[Page 644]]

weight of monkfish per DAS (or any prorated combination of tail weight 
and whole weight based on the conversion factor for tail weight to whole 
weight of 3.32).
    (ii) Category B, D, and H vessels. Limited access monkfish Category 
B, D, and H vessels that fish under a monkfish DAS in the SFMA may land 
up to 450 lb (204 kg) tail weight or 1,494 lb (678 kg) whole weight of 
monkfish per DAS (or any prorated combination of tail weight and whole 
weight based on the conversion factor for tail weight to whole weight of 
3.32).
    (iii) Category F vessels. Vessels issued a Category F permit are 
subject to the possession and landing restrictions specified at Sec. 
648.95(g)(1).
    (iv) Administration of landing limits. A vessel owner or operator 
may not exceed the monkfish trip limits as specified in paragraphs 
(b)(2)(i) through (iii) of this section per monkfish DAS fished, or any 
part of a monkfish DAS fished.
    (3) Category C, D, F, G, and H vessels fishing under the 
multispecies DAS program--(i) NFMA. Limited access monkfish Category C, 
D, F, G, or H vessels that are fishing under a NE multispecies DAS, and 
not a monkfish DAS, exclusively in the NFMA are subject to the 
incidental catch limit specified in paragraph (c)(1)(i) of this section. 
Category C, D, F, G, and H vessels participating in the NE Multispecies 
Regular B DAS program, as specified under Sec. 648.85(b)(6), are also 
subject to the incidental catch limit specified in paragraph (c)(1)(i) 
of this section.
    (ii) SFMA--(A) Category C, D, and F vessels. Limited access monkfish 
Category C, D, or F vessels that fish any portion of a trip under a NE 
multispecies DAS in the SFMA, and not a monkfish DAS, may land up to 300 
lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per 
DAS if trawl gear is used exclusively during the trip, or 50 lb (23 kg) 
tail weight or 166 lb (75 kg ) whole weight per DAS if gear other than 
trawl gear is used at any time during the trip. Category C, D, and F 
vessels participating in the NE Multispecies Regular B DAS program, as 
specified under Sec. 648.85(b)(6), are also subject to the incidental 
catch limit specified in paragraph (c)(1)(ii) of this section.
    (B) Category G and H vessels. Limited access monkfish Category G and 
H vessels that fish any portion of a trip under a NE multispecies DAS in 
the SFMA, and not under a monkfish DAS, are subject to the incidental 
catch limit specified in paragraph (c)(1)(ii) of this section. Category 
G and H vessels participating in the NE Multispecies Regular B DAS 
program, as specified under Sec. 648.85(b)(6), are also subject to the 
incidental catch limit specified in paragraph (c)(1)(ii) of this 
section.
    (iii) Transiting. A vessel that harvested monkfish in the NFMA may 
transit the SFMA and possess monkfish in excess of the SFMA landing 
limit provided such vessel complies with the provisions of Sec. 
648.94(e).
    (4) Category C, D, F, G, or H vessels fishing under the scallop DAS 
program. A Category C, D, F, G, or H vessel fishing under a scallop DAS 
may land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole 
weight of monkfish per DAS (or any prorated combination of tail weight 
and whole weight based on the conversion factor for tail weight to whole 
weight of 3.32).
    (5) Category C, D, F, G, or H scallop vessels declared into the 
monkfish DAS program without a dredge on board, or not under the net 
exemption provision. Category C, D, G, or H vessels that have declared 
into the monkfish DAS program and that do not fish with or have a dredge 
on board, or that are not fishing with a net under the net exemption 
provision specified in Sec. 648.51(f), are subject to the same landing 
limits as specified in paragraphs (b)(1) and (b)(2) of this section, or 
the landing limit specified in Sec. 648.95(g)(1), if issued a Category 
F permit. Such vessels are also subject to provisions applicable to 
Category A and B vessels fishing only under a monkfish DAS, consistent 
with the provisions of this part.
    (6) Vessels not fishing under a NE multispecies, scallop, or 
monkfish DAS. The possession limits for all limited access monkfish 
vessels when not fishing under a NE multispecies, scallop, or monkfish 
DAS are the same as those possession limits applicable to a vessel

[[Page 645]]

issued a monkfish incidental catch permit specified under paragraphs 
(c)(3) through (c)(8) of this section.
    (c) Vessels issued a monkfish incidental catch permit--(1) Vessels 
fishing under a NE multispecies DAS--(i) NFMA. Vessels issued a valid 
monkfish incidental catch (Category E) permit or a valid limited access 
Category C, D, F, G, or H permit, fishing under a NE multispecies DAS 
exclusively in the NFMA may land up to 300 lb (136 kg) tail weight or 
996 lb (452 kg) whole weight of monkfish per DAS, or 25 percent (where 
the weight of all monkfish is converted to tail weight) of the total 
weight of fish on board, whichever is less. For the purpose of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 3.32.
    (ii) SFMA. If any portion of the trip is fished by a vessel issued a 
monkfish incidental catch (Category E) permit, or issued a valid limited 
access Category G or H permit, under a NE multispecies DAS in the SFMA, 
the vessel may land up to 50 lb (23 kg) tail weight or 166 lb (75 kg) 
whole weight of monkfish per DAS (or any prorated combination of tail 
weight and whole weight based on the conversion factor).
    (2) Scallop vessels fishing under a scallop DAS. A scallop vessel 
issued a monkfish incidental catch (Category E) permit fishing under a 
scallop DAS, may land up to 300 lb (136 kg) tail weight or 996 lb (452 
kg) whole weight of monkfish per DAS (or any prorated combination of 
tail weight and whole weight based on the conversion factor).
    (3) Vessels fishing with large mesh and not fishing under a DAS--(i) 
A vessel issued a valid monkfish incidental catch limit (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the GOM or GB RMAs with mesh no smaller than specified 
at Sec. 648.80(a)(3)(i) and (a)(4)(i), respectively, while not on a 
monkfish, NE multispecies, or scallop DAS, may possess, retain, and land 
monkfish (whole or tails) only up to 5 percent (where the weight of all 
monkfish is converted to tail weight) of the total weight of fish on 
board. For the purpose of converting whole weight to tail weight, the 
amount of whole weight possessed or landed is divided by 3.32.
    (ii) A vessel issued a valid monkfish incidental catch (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the SNE RMA east of the MA Exemption Area boundary with 
mesh no smaller than specified at Sec. 648.80(b)(2)(i), while not on a 
monkfish, NE multispecies, or scallop DAS, may possess, retain, and land 
monkfish (whole or tails) only up to 5 percent (where the weight of all 
monkfish is converted to tail weight) of the total weight of fish on 
board, not to exceed 50 lb (23 kg) tail weight or 166 lb (75 kg) whole 
weight of monkfish per day or partial day, up to a maximum of 150 lb (68 
kg) tail weight or 498 lb (226 kg) whole weight per trip. For the 
purpose of converting whole weight to tail weight, the amount of whole 
weight possessed or landed is divided by 3.32.
    (iii) A vessel issued a valid monkfish incidental catch (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the SNE RMA under a Skate Bait Letter of Authorization, 
as authorized under Sec. 648.322(b), while not on a monkfish, NE 
multispecies, or scallop DAS, may possess, retain, and land monkfish 
(whole or tails) only up to 5 percent (where the weight of all monkfish 
is converted to tail weight) of the total weight of fish on board, not 
to exceed 50 lb (23 kg) tail weight or 166 lb (75 kg) whole weight of 
monkfish per day or partial day, up to a maximum of 150 lb (68 kg) tail 
weight or 498 lb (226 kg) whole weight per trip. For the purpose of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 3.32.
    (iv) A vessel issued a valid monkfish incidental catch (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the SNE or MA RMAs west of the MA Exemption Area 
boundary with mesh no smaller than specified at Sec. 648.104(a)(1) 
while not on a monkfish, NE multispecies, or scallop DAS, may possess, 
retain, and land monkfish (whole or tails) only up to 5 percent (where 
the weight of all monkfish is converted to tail weight) of the total

[[Page 646]]

weight of fish on board, but not to exceed 450 lb (204 kg) tail weight 
or 1,494 lb (678 kg) whole weight of monkfish, unless that vessel is 
fishing under a Skate Bait Letter of Authorization in the SNE RMA. Such 
a vessel is subject to the incidental catch limit specified under 
paragraph (c)(3)(iii) of this section. For the purpose of converting 
whole weight to tail weight, the amount of whole weight possessed or 
landed is divided by 3.32.
    (4) Vessels fishing with small mesh and not fishing under a DAS. A 
vessel issued a valid monkfish incidental catch (Category E) permit or a 
limited access monkfish permit (Category A, B, C, D, F, G, or H) fishing 
with mesh smaller than the mesh size specified by area in paragraph 
(c)(3) of this section, while not on a monkfish, NE multispecies, or 
scallop DAS, may possess, retain, and land only up to 50 lb (23 kg) tail 
weight or 166 lb (75 kg) whole weight of monkfish per day or partial 
day, not to exceed 150 lb (68 kg) tail weight or 498 lb (226 kg) whole 
weight per trip.
    (5) Small vessels. A vessel issued a limited access NE multispecies 
small vessel category permit and a valid monkfish incidental catch 
(Category E) permit that is less than 30 ft (9.1 m) in length and that 
elects not to fish under the NE multispecies DAS program, may possess, 
retain, and land up to 50 lb (23 kg) tail weight or 166 lb (75 kg) whole 
weight of monkfish per day or partial day, not to exceed 150 lb (68 kg) 
tail weight or 498 lb (226 kg) whole weight per trip.
    (6) Vessels fishing with handgear. A vessel issued a valid monkfish 
incidental catch (Category E) permit or a limited access monkfish permit 
(Category A, B, C, D, F, G, or H) and fishing exclusively with rod and 
reel or handlines with no other fishing gear on board, while not on a 
monkfish, NE multispecies, or scallop DAS, may possess, retain, and land 
up to 50 lb (23 kg) tail weight or 166 lb (75 kg) whole weight of 
monkfish per day or partial day, not to exceed 150 lb (68 kg) tail 
weight or 498 lb (226 kg) whole weight per trip.
    (7) Vessels fishing with surfclam or ocean quahog dredge gear. A 
vessel issued a valid monkfish incidental catch (Category E) permit and 
a valid surfclam or ocean quahog permit, while fishing exclusively with 
a hydraulic clam dredge or mahogany quahog dredge, may possess, retain, 
and land up to 50 lb (23 kg) tail weight or 166 lb (75 kg) whole weight 
of monkfish per day or partial day, not to exceed 150 lb (68 kg) tail 
weight or 498 lb (226 kg) whole weight per trip.
    (8) Scallop vessels not fishing under a scallop DAS with dredge 
gear--(i) General provisions. A vessel issued a valid monkfish 
incidental catch (Category E) permit or a valid limited access Category 
C, D, F, G, or H permit, and also possessing a valid General Category 
sea scallop permit or a limited access sea scallop vessel not fishing 
under a scallop DAS, while fishing exclusively with scallop dredge gear 
as specified in Sec. 648.51(b), may possess, retain, and land up to 50 
lb (23 kg) tail weight or 166 lb (75 kg) whole weight of monkfish per 
day or partial day, not to exceed 150 lb (68 kg) tail weight or 498 lb 
(226 kg) whole weight per trip, unless otherwise specified in paragraph 
(c)(8)(ii) of this section.
    (ii) Limited access scallop vessels fishing in Sea Scallop Access 
Areas. A vessel issued a valid monkfish incidental catch (Category E) 
permit or a valid limited access Category C, D, F, G, or H permit, and 
also possessing a limited access sea scallop permit while fishing 
exclusively with scallop dredge gear as specified in Sec. 648.51(b), 
and fishing in one of the established Sea Scallop Access Areas specified 
under Sec. 648.59, may possess, retain, and land up to 300 lb (136 kg) 
tail weight or 996 lb (452 kg) whole weight of monkfish per day or 
partial day fished within the boundaries of the Sea Scallop Access Area. 
Time within the applicable access area, for purposes of determining the 
incidental catch limit, will be determined through the vessel's VMS 
unit.
    (d) Monkfish liver landing restrictions. (1) A vessel authorized to 
land monkfish under this part may possess or land monkfish livers up to 
25 percent of the tail-weight of monkfish, or up to 10 percent of the 
whole weight of monkfish, per trip, except as provided under paragraph 
(d)(2) of this section.
    (2) If a vessel possesses or lands both monkfish tails and whole 
monkfish, the vessel may land monkfish livers up

[[Page 647]]

to 10 percent of the whole weight of monkfish per trip using the 
following weight ratio:

(0.10) x [(tail weight x 3.32) + (whole fish x 1)]

    Note to paragraph (d)(2):
    The value 3.32 is the live weight conversion for tails and the value 
of 1 is the live weight conversion for fish landed in a whole condition.

    (e) Transiting. A vessel that has declared into the NFMA for the 
purpose of fishing for monkfish under the less restrictive measures of 
the NFMA, may transit the SFMA provided that the vessel does not harvest 
or possess monkfish, or any other fish, from the SFMA, and the vessel's 
gear is properly stowed and not available for immediate use in 
accordance with the regulations specified under Sec. 648.23(b).
    (f) Area declaration requirement for a vessel fishing exclusively in 
the NFMA. A vessel intending to fish for, or fishing for, possessing or 
landing monkfish under a multispecies, scallop, or monkfish DAS under 
the less restrictive management measures of the NFMA, must fish 
exclusively in the NFMA for the entire trip. In addition, a vessel 
fishing under a monkfish DAS must declare its intent to fish in the NFMA 
through the vessel's VMS unit. A vessel that is not required to and does 
not possess a VMS unit, such as a vessel that declares DAS through the 
call-in system, must declare its intent to fish in the NFMA by obtaining 
a letter of authorization from the Regional Administrator, for a period 
of not less than 7 days. A vessel that has not declared into the NFMA 
under this paragraph (f) shall be presumed to have fished in the SFMA 
and shall be subject to the more restrictive requirements of that area. 
A vessel that has declared into the NFMA may transit the SFMA, providing 
that it complies with the transiting and gear storage provision 
described in paragraph (e) of this section, and provided that it does 
not fish for or catch monkfish, or any other fish, in the SFMA.
    (g) Other landing restrictions. Vessels are subject to any other 
applicable landing restrictions of this part.

[64 FR 54749, Oct. 7, 1999, as amended at 65 FR 11480, Mar. 3, 2000; 65 
FR 37917, June 19, 2000; 68 FR 22330, Apr. 28, 2003; 69 FR 18293, Apr. 
7, 2004; 69 FR 22988, Apr. 27, 2004; 70 FR 21944, 22244, Apr. 28, 2005; 
71 FR 23874, Apr. 25, 2006; 72 FR 20959, Apr. 27, 2007; 72 FR 53942, 
Sept. 21, 2007; 72 FR 53950, Sept. 21, 2007; 73 FR 22835, Apr. 28, 2008]



Sec. 648.95  Offshore Fishery Program in the SFMA.

    (a) General. Any vessel issued a valid monkfish limited access 
permit is eligible to apply for a Category F permit in order to fish in 
the Offshore Fishery Program in the SFMA.
    (1) A vessel issued a Category F permit is subject to the specific 
provisions and conditions of this section while fishing on a monkfish 
DAS.
    (2) When not fishing on a monkfish DAS, a Category F vessel may fish 
under the regulations applicable to the monkfish incidental catch 
(Category E) permit, specified under paragraph Sec. 648.94(c). When 
fishing on a NE multispecies DAS in the NFMA, a Category F vessel that 
also possesses a NE multispecies limited access permit is subject to the 
possession limits applicable to vessels issued an incidental catch 
permit as described in Sec. 648.94(c)(1)(i).
    (3) Limited access Category C or D vessels that apply for and are 
issued a Category F permit remain subject to the provisions specific to 
Category C and D vessels, unless otherwise specified under this subpart 
F.
    (b) Declaration. To fish in the Offshore Fishery Program, a vessel 
must obtain a monkfish limited access Category F permit and fish under 
this permit for the entire fishing year, subject to the conditions and 
restrictions specified under this part. The owner of a vessel, or 
authorized representative, may change the vessel's limited access 
monkfish permit category within 45 days of the effective date of the 
vessel's permit, provided the vessel has not fished under the monkfish 
DAS program during that fishing year. If such a request is not received 
within 45 days, the vessel owner may not request a change in permit 
category and the vessel's permit category will remain

[[Page 648]]

unchanged for the duration of the fishing year.
    (c) Offshore Fishery Program Area. The Offshore Fishery Program Area 
is bounded on the south by 38[deg]00[min] N. lat., and on the north, 
west, and east by the area coordinates specified in Sec. 648.23(a).
    (d) Season. October 1 through April 30 each year.
    (e) Restrictions. (1) Except for the transit provisions provided for 
in paragraph (f) of this section, a vessel issued a valid Category F 
permit may only fish for, possess, and land monkfish in or from the 
Offshore Fishery Program Area while on a monkfish DAS.
    (2) A vessel enrolled in the Offshore Fishery Program is restricted 
to fishing under its monkfish DAS during the season in paragraph (d) of 
this section.
    (3) A vessel issued a Category F permit that is fishing on a 
monkfish DAS is subject to the minimum mesh size requirements applicable 
to limited access monkfish Category A and B vessels, as specified under 
Sec. 648.91(c)(1)(i) and (c)(1)(iii), as well as the other gear 
requirements specified in paragraphs (c)(2) and (c)(3).
    (4) A vessel issued a Category F permit must have installed on board 
an operational VMS unit that meets the minimum performance criteria 
specified in Sec. Sec. 648.9 and 648.10 during the entire season 
established under paragraph (d) of this section. Unless otherwise 
required to maintain an operational VMS unit under the VMS notification 
requirements specified at Sec. 648.10(b), a vessel issued a Category F 
permit may turn off its VMS unit outside of that season.
    (f) Transiting. A vessel issued a Category F permit and fishing 
under a monkfish DAS that is transiting to or from the Offshore Fishery 
Program Area, described in paragraph (c)(1) of this section, shall have 
all gear stowed and not available for immediate use in accordance with 
the gear stowage provisions specified under Sec. 648.23(b).
    (g) Monkfish possession limits and DAS allocations. (1) A vessel 
issued a Category F permit may land up to 1,600 lb (726 kg) tail weight 
or 5,312 lb (2,409 kg) whole weight of monkfish per monkfish DAS (or any 
prorated combination of tail weight and whole weight based on the 
conversion factor of 3.32).
    (2) The monkfish DAS allocation for vessels issued a Category F 
permit shall be equal to the trip limit applicable to the vessel's 
monkfish limited access permit category divided by the fixed daily 
possession limit specified in paragraph (g)(1) of this section, and then 
multiplied by the DAS allocation for limited access monkfish vessels not 
issued Category F permits, specified under Sec. 648.92(b)(1). For 
example, if a vessel has a limited access monkfish Category C permit, 
and the applicable trip limit is 800 lb (363 kg) for this category, and 
the vessel has an annual allocation of 40 monkfish DAS, then the 
monkfish DAS allocated to that vessel when issued a Category F permit 
would be 20 monkfish DAS (800 lb divided by 1,600 lb, multiplied by 40 
monkfish DAS equals 20 DAS). Any carryover monkfish DAS will be included 
in the calculation of monkfish DAS for Category F vessels.
    (3) Vessels issued a Category F permit that are fishing under a NE 
multispecies DAS in the NFMA are subject to the incidental catch limit 
specified in paragraph (c)(1)(i) of this section.
    (h) DAS usage by NE multispecies or sea scallop limited access 
permit holders. A vessel issued a Category F permit that also has been 
issued either a NE multispecies or sea scallop limited access permit, 
and is fishing on a monkfish DAS, is subject to the DAS usage 
requirements specified in Sec. 648.92(b)(2).
    (i) DAS usage by NE multispecies or sea scallop limited access 
permit holders. A vessel issued a Category F permit that also has been 
issued either a NE multispecies or sea scallop limited access permit, 
and is fishing on a monkfish DAS, is subject to the DAS usage 
requirements specified in Sec. 648.92(b)(10).

[70 FR 21945, Apr. 28, 2005, as amended at 72 FR 20960, Apr. 27, 2007; 
72 FR 53942, Sept. 21, 2007; 74 FR 20557, May 4, 2009]

    Effective Date Note: At 74 FR 17064, Apr. 13, 2009, Sec. was 
amended by suspending paragraph (h) and adding paragraph (i), effective 
May 1, 2009 through October 28, 2009.



Sec. 648.96  Monkfish annual adjustment process and framework specifications.

    (a) General. The Monkfish Monitoring Committee (MFMC) shall meet on 
or

[[Page 649]]

before November 15 of each year to develop target TACs for the upcoming 
fishing year in accordance with paragraph (b)(1) of this section, and 
options for NEFMC and MAFMC consideration on any changes, adjustment, or 
additions to DAS allocations, trip limits, size limits, the Northeast 
Region SBRM (including the CV-based performance standard, fishery 
stratification, and/or reports), or other measures necessary to achieve 
the Monkfish FMP's goals and objectives. The MFMC shall review available 
data pertaining to discards and landings, DAS, and other measures of 
fishing effort; stock status and fishing mortality rates; enforcement of 
and compliance with management measures; and any other relevant 
information.
    (b) Annual Adjustment Procedures--(1) Annual Target TACs for FY 2007 
through FY 2009--(i) NFMA. The annual target TAC for the NFMA is 5,000 
mt for FY 2007 through FY 2009, unless otherwise recommended by the MFMC 
through its annual review procedure specified in paragraph (a) of this 
section, and adopted through the procedures outlined in paragraph (b)(4) 
of this section.
    (ii) SFMA. The annual target TAC for the SFMA is 5,100 mt for FY 
2007 through FY 2009, unless otherwise recommended by the MFMC through 
its annual review procedure specified in paragraph (a) of this section, 
and adopted through the procedures outlined in paragraph (b)(4) of this 
section.
    (2) Annual Target TACS for FY 2010 and beyond. If a regulatory 
action is not implemented to establish target TACs for the monkfish 
fishery for FY 2010 or subsequent years, either through the annual 
review procedure described in paragraph (a) of this section or another 
type of regulatory action, the target TACs in effect during FY 2007 - FY 
2009 will remain in effect until new measures are implemented. The 
management measures for FY 2010 or subsequent years that would be 
associated with these target TACs are described in paragraph (b)(6) of 
this section.
    (3) Setting DAS allocations--(i) The process of determining the 
appropriate DAS allocations for each management area involves first 
estimating incidental landings for each management area and then 
estimating the proportional catch for permit categories A and C, and 
permit categories B, D, and H based upon vessel trip reports for the 
most recently completed fishing year for which a complete set of 
landings data exists. The landings proportions generated for each permit 
category group (A and C versus B, D, and H) are then used to estimate 
the landings that would be associated with each permit category group 
under a given target TAC, less projected incidental landings. For 
example, a target TAC of 5,100 mt equates to 11,243,580 lb (5,100,000 
kg). If incidental landings for the SFMA are projected to be 2,070,000 
lb (938,936 kg) the total amount of the target TAC available to limited 
access vessels would be 9,173,580 lb (4,161,066 kg). If the proportion 
of landings for permit category A and C vessels is 37 percent, and the 
proportion for permit category B, C, and H vessels is 63 percent, then 
the landing levels associated with each permit category group under this 
target TAC would be 3,394,225 lb (1,539,595 kg) and 5,779,355 lb 
(2,621,471 kg), respectively.
    (ii) Landings are assumed to be fixed at a constant rate per day for 
each vessel, equivalent to the average daily landings of each vessel in 
the reference year, of the last applicable full year of landings data (a 
year is applicable if the TAC in that year was lower than the TAC in the 
year to be calculated).
    (iii) To adjust for the ability of vessels to carryover up to 10 
unused monkfish DAS from the previous fishing year to the current 
fishing year, adjustments to DAS usage shall be made by first reducing 
the landings for all permit holders who have used more than the annual 
DAS allocation specified in Sec. 648.94(b)(1)(i) (e.g., 31 monkfish 
DAS) by the proportion of DAS exceeding that annual DAS allocation, and 
then resetting the upper limit of DAS usage at the annual DAS 
allocation.
    (iv) Linear interpolation is then used to determine which DAS level 
would closest achieve the estimated landing levels for each permit 
category group under a given target TAC.
    (4) Council TAC Recommendations. The Councils shall consider any 
target TAC(s) recommended by the MFMC as part of its annual review 
specified in

[[Page 650]]

paragraph (a) of this section, and then forward their target TAC 
recommendation to the Regional Administrator. If the Councils recommend 
target TAC(s) to the Regional Administrator, and the Regional 
Administrator concurs with this recommendation, the Regional 
Administrator shall promulgate the target TAC(s) and associated 
management measures through rulemaking consistent with the APA. If the 
Regional Administrator does not concur with the Councils' 
recommendation, then the Councils shall be notified in writing of the 
reasons for the non-concurrence.
    (5) [Reserved]
    (6) Management measures for FY 2010 and beyond. If a regulatory 
action is not implemented to establish management measures for the 
monkfish fishery for FY 2010 or subsequent years, the management 
measures in effect during FY 2009 (i.e., trip limits and DAS 
allocations) shall remain in effect.
    (c) Annual and in-season framework adjustments to management 
measures--(1) Annual framework process. (i) Based on their annual 
review, the MFMC may develop and recommend, in addition to the target 
TACs and management measures established under paragraph (b) of this 
section, other options necessary to achieve the Monkfish FMP's goals and 
objectives, which may include a preferred option. The MFMC must 
demonstrate through analysis and documentation that the options it 
develops are expected to meet the Monkfish FMP goals and objectives. The 
MFMC may review the performance of different user groups or fleet 
sectors in developing options. The range of options developed by the 
MFMC may include any of the management measures in the Monkfish FMP, 
including, but not limited to: Closed seasons or closed areas; minimum 
size limits; mesh size limits; net limits; liver-to-monkfish landings 
ratios; annual monkfish DAS allocations and monitoring; trip or 
possession limits; blocks of time out of the fishery; gear restrictions; 
transferability of permits and permit rights or administration of vessel 
upgrades, vessel replacement, or permit assignment; measures to minimize 
the impact of the monkfish fishery on protected species; gear 
requirements or restrictions that minimize bycatch or bycatch mortality; 
transferable DAS programs; changes to the Northeast Region SBRM, 
including the CV-based performance standard, the means by which discard 
data are collected/obtained, fishery stratification, reports, and/or 
industry-funded observers or observer set-aside programs; and other 
frameworkable measures included in Sec. Sec. 648.55 and 648.90.
    (ii) The Councils shall review the options developed by the MFMC and 
other relevant information, consider public comment, and submit a 
recommendation to the Regional Administrator that meets the Monkfish 
FMP's objectives, consistent with other applicable law. The Councils' 
recommendation to the Regional Administrator shall include supporting 
documents, as appropriate, concerning the environmental and economic 
impacts of the proposed action and the other options considered by the 
Councils. Management adjustments made to the Monkfish FMP require 
majority approval of each Council for submission to the Secretary.
    (A) The Councils may delegate authority to the Joint Monkfish 
Oversight Committee to conduct an initial review of the options 
developed by the MFMC. The oversight committee would review the options 
developed by the MFMC and any other relevant information, consider 
public comment, and make a recommendation to the Councils.
    (B) If the Councils do not submit a recommendation that meets the 
Monkfish FMP's goals and objectives, and that is consistent with other 
applicable law, the Regional Administrator may adopt any option 
developed by the MFMC, unless rejected by either Council, provided such 
option meets the Monkfish FMP's goals and objectives, and is consistent 
with other applicable law. If either the NEFMC or MAFMC has rejected all 
options, then the Regional Administrator may select any measure that has 
not been rejected by both Councils.
    (iii) If the Councils submit, on or before January 7 of each year, a 
recommendation to the Regional Administrator after one framework 
meeting,

[[Page 651]]

and the Regional Administrator concurs with the recommendation, the 
recommendation shall be published in the Federal Register as a proposed 
rule. The Federal Register notification of the proposed action shall 
provide a public comment period in accordance with the Administrative 
Procedure Act. The Councils may instead submit their recommendation on 
or before February 1, if they choose to follow the framework process 
outlined in paragraph (c)(3) of this section and request that the 
Regional Administrator publish the recommendation as a final rule. If 
the Regional Administrator concurs that the Councils' recommendation 
meets the Monkfish FMP's goals and objectives, and is consistent with 
other applicable law, and determines that the recommended management 
measures should be published as a final rule, the action shall be 
published as a final rule in the Federal Register. If the Regional 
Administrator concurs that the recommendation meets the Monkfish FMP's 
goals and objectives, is consistent with other applicable law, and 
determines that a proposed rule is warranted, and, as a result, the 
effective date of a final rule falls after the start of the fishing 
year, fishing may continue. However, DAS used by a vessel on or after 
the start of a fishing year shall be counted against any DAS allocation 
the vessel ultimately receives for that year.
    (iv) Following publication of a proposed rule and after receiving 
public comment, if the Regional Administrator concurs in the Councils' 
recommendation, a final rule will be published in the Federal Register 
prior to the start of the next fishing year. If the Councils fail to 
submit a recommendation to the Regional Administrator by February 1 that 
meets the goals and objectives of the Monkfish FMP, the Regional 
Administrator may publish as a proposed rule one of the MFMC options 
reviewed and not rejected by either Council, provided the option meets 
the goals and objectives of the Monkfish FMP, and is consistent with 
other applicable law.
    (2) In-season Action. At any time, the Councils or the Joint 
Monkfish Oversight Committee (subject to the approval of the Councils' 
Chairmen) may initiate action to add or adjust management measures, if 
it is determined that action is necessary to meet or be consistent with 
the goals and objectives of the Monkfish FMP. Recommended adjustments to 
management measures must come from the categories specified under 
paragraph (c)(1)(i) of this section. In addition, the procedures for 
framework adjustments specified under paragraph (c)(3) of this section 
must be followed.
    (3) Framework Adjustment Procedures. Framework adjustments shall 
require at least one initial meeting of the Monkfish Oversight Committee 
or one of the Councils (the agenda must include notification of the 
framework adjustment proposal) and at least two Council meetings, one at 
each Council. The Councils shall provide the public with advance notice 
of the availability of both the proposals and the analysis, and 
opportunity to comment on them prior to the first of the two final 
Council meetings. Framework adjustments and amendments to the Monkfish 
FMP require majority approval of each Council for submission to the 
Secretary.
    (i) Councils' recommendation. After developing management actions 
and receiving public testimony, the Councils shall make a recommendation 
to the Regional Administrator. The Councils' recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule. If the 
Councils recommend that the management measures should be issued as a 
final rule, the Councils must consider at least the following four 
factors and provide support and analysis for each factor considered:
    (A) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (B) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of

[[Page 652]]

the Councils' recommended management measures;
    (C) Whether there is an immediate need to protect the resource or to 
impose management measures to resolve gear conflicts; and
    (D) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (ii) Action by NMFS. (A) If the Regional Administrator approves the 
Councils' recommended management measures and determines that the 
recommended management measures should be issued as a final rule based 
on the factors specified in paragraph (c)(3)(i) of this section, the 
Secretary may, for good cause found under the standard of the 
Administrative Procedure Act, waive the requirement for a proposed rule 
and opportunity for public comment in the Federal Register. The 
Secretary, in so doing, shall publish only the final rule. Submission of 
the recommendations does not preclude the Secretary from deciding to 
provide additional opportunity for prior notice and comment in the 
Federal Register.
    (B) If the Regional Administrator concurs with the Councils' 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, then the measures shall be 
published as a proposed rule in the Federal Register. After additional 
public comment, if NMFS concurs with the Councils' recommendation, then 
the measures shall be issued as a final rule in the Federal Register.
    (C) If the Regional Administrator does not concur, then the Councils 
shall be notified in writing of the reasons for the non-concurrence.
    (iii) Adjustments for gear conflicts. The Councils may develop a 
recommendation on measures to address gear conflict as defined under 
Sec. 600.10 of this chapter, in accordance with the procedure specified 
in Sec. 648.55(d) and (e).
    (d) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(c) of the Magnuson-Stevens Act.

[64 FR 54751, Oct. 7, 1999, as amended at 68 FR 22330, Apr. 28, 2003; 68 
FR 36947, June 20, 2003; 70 FR 21946, Apr. 28, 2005; 72 FR 20960, Apr. 
27, 2007; 72 FR 53942, Sept. 21, 2007; 72 FR 53951, Sept. 21, 2007; 73 
FR 4755, Jan. 28, 2008; 73 FR 52636, Sept. 10, 2008]



Sec. 648.97  Closed areas.

    (a) Oceanographer Canyon Closed Area. No fishing vessel or person on 
a fishing vessel may enter, fish, or be in the area known as 
Oceanographer Canyon Closed Area (copies of a chart depicting this area 
are available from the Regional Administrator upon request), as defined 
by straight lines connecting the following points in the order stated, 
while on a monkfish DAS:

                    Oceanographer Canyon Closed Area
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
(1) OC1                                         40[deg]10[m  68[deg]12[m
                                                        in]          in]
(2) OC2                                         40[deg]24[m  68[deg]09[m
                                                        in]          in]
(3) OC3                                         40[deg]24[m  68[deg]08[m
                                                        in]          in]
(4) OC4                                         40[deg]10[m  67[deg]59[m
                                                        in]          in]
(5) OC1                                         40[deg]10[m  68[deg]12[m
                                                        in]          in]
------------------------------------------------------------------------

    (b) Lydonia Canyon Closed Area. No fishing vessel or person on a 
fishing vessel may enter, fish, or be in the area known as Lydonia 
Canyon Closed Area (copies of a chart depicting this area are available 
from the Regional Administrator upon request), as defined by straight 
lines connecting the following points in the order stated, while on a 
monkfish DAS:

                       Lyndonia Canyon Closed Area
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
(1) LC1                                         40[deg]16[m  67[deg]34[m
                                                        in]          in]
(2) LC2                                         40[deg]16[m  67[deg]42[m
                                                        in]          in]
(3) LC3                                         40[deg]20[m  67[deg]43[m
                                                        in]          in]
(4) LC4                                         40[deg]27[m  67[deg]40[m
                                                        in]          in]
(5) LC5                                             40[deg]  67[deg]38[m
                                                    27[min]          in]
(6) LC1                                         40[deg]16[m  67[deg]34[m
                                                        in]          in]
------------------------------------------------------------------------


[70 FR 21946, Apr. 28, 2005]



     Subpart G_Management Measures for the Summer Flounder Fisheries



Sec. 648.100  Catch quotas and other restrictions.

    (a) Review. The Summer Flounder Monitoring Committee shall review

[[Page 653]]

each year the following data, subject to availability, unless a TAL has 
already been established for the upcoming calendar year as part of a 
multiple-year specification process, provided that new information does 
not require a modification to the multiple-year quotas, to determine the 
annual allowable levels of fishing and other restrictions necessary to 
achieve, with at least a 50-percent probability of success, a fishing 
mortality rate (F) that produces the maximum yield per recruit (Fmax): 
Commercial, recreational, and research catch data; current estimates of 
fishing mortality; stock status; recent estimates of recruitment; 
virtual population analysis results; levels of noncompliance by 
fishermen or individual states; impact of size/mesh regulations; 
discards; sea sampling and winter trawl survey data or, if sea sampling 
data are unavailable, length frequency information from the winter trawl 
survey and mesh selectivity analyses; impact of gear other than otter 
trawls on the mortality of summer flounder; and any other relevant 
information.
    (b) Recommended measures on an annual basis. Based on this review 
and requests for research quota as described in paragraph (f) of this 
section, the Summer Flounder Monitoring Committee shall recommend to the 
Demersal Species Committee of the MAFMC and the Commission the following 
measures to ensure, with at least a 50-percent probability of success, 
that the F specified in paragraph (a) of this section will not be 
exceeded:
    (1) Research quota set from a range of 0 to 3 percent of the maximum 
allowed to achieve the specified F.
    (2) Commercial quota set from a range of 0 to the maximum allowed to 
achieve the specified F, set after reductions for research quota.
    (3) Commercial minimum fish size.
    (4) Minimum mesh size.
    (5) Recreational possession limit set from a range of 0 to 15 summer 
flounder to achieve the specified F, set after reductions for research 
quota.
    (6) Recreational minimum fish size.
    (7) Recreational season.
    (8) Recreational state conservation equivalent and precautionary 
default measures utilizing possession limits, minimum fish sizes, and/or 
seasons set after reductions for research quota.
    (9) Restrictions on gear other than otter trawls.
    (10) Adjustments to the exempted area boundary and season specified 
in Sec. 648.104(b)(1) by 30-minute intervals of latitude and longitude 
and 2-week intervals, respectively, based on data specified in paragraph 
(a) of this section, to prevent discarding of sublegal sized summer 
flounder in excess of 10 percent, by weight.
    (11) Total allowable landings on an annual basis for a period not to 
exceed 3 years.
    (12) Changes, as appropriate, to the Northeast Region SBRM, 
including the CV-based performance standard, fishery stratification, 
and/or reports.
    (c) Fishing measures. The Demersal Species Committee shall review 
the recommendations of the Summer Flounder Monitoring Committee. Based 
on these recommendations and any public comment, the Demersal Species 
Committee shall recommend to the MAFMC measures necessary to ensure, 
with at least a 50-percent probability of success, that the applicable 
specified F will not be exceeded. The MAFMC shall review these 
recommendations and, based on the recommendations and any public 
comment, recommend to the Regional Administrator measures necessary to 
ensure, with at least a 50-percent probability of success, that the 
applicable specified F will not be exceeded. The MAFMC's recommendations 
must include supporting documentation, as appropriate, concerning the 
environmental and economic impacts of the recommendations. The Regional 
Administrator shall review these recommendations and any recommendations 
of the Commission.
    (d) Commercial measures. After such review, the Regional 
Administrator will publish a proposed rule in the Federal Register to 
implement a coastwide commercial quota, a recreational harvest limit, 
and additional management measures for the commercial fishery. After 
considering public comment, NMFS will publish a final

[[Page 654]]

rule in the Federal Register to implement the measures necessary to 
ensure, with at least a 50-percent probability of success, that the 
applicable specified F will not be exceeded.
    (1) Distribution of annual quota. (i) The annual commercial quota 
will be distributed to the states, based upon the following percentages:

                     Annual Commercial Quota Shares
------------------------------------------------------------------------
                        State                           Share (percent)
------------------------------------------------------------------------
Maine................................................            0.04756
New Hampshire........................................            0.00046
Massachusetts........................................            6.82046
Rhode Island.........................................           15.68298
Connecticut..........................................            2.25708
New York.............................................            7.64699
New Jersey...........................................           16.72499
Delaware.............................................            0.01779
Maryland.............................................            2.03910
Virginia.............................................           21.31676
North Carolina.......................................           27.44584
------------------------------------------------------------------------

    (ii) All summer flounder landed for sale in a state shall be applied 
against that state's annual commercial quota, regardless of where the 
summer flounder were harvested. Any landings in excess of the commercial 
quota in any state will be deducted from that state's annual quota for 
the following year in the final rule that establishes the annual state-
by-state quotas. The overage deduction will be based on landings for the 
current year through October 31, and on landings for the previous 
calendar year that were not included when the overage deduction was made 
in the final rule that established the annual quota for the current 
year. If the Regional Administrator determines during the fishing year 
that any part of an overage deduction was based on erroneous landings 
data that were in excess of actual landings for the period concerned, 
he/she will restore the overage that was deducted in error to the 
appropriate quota allocation. The Regional Administrator will publish a 
notice in the Federal Register announcing such restoration.
    (2) Quota transfers and combinations. Any state implementing a state 
commercial quota for summer flounder may request approval from the 
Regional Administrator to transfer part or all of its annual quota to 
one or more states. Two or more states implementing a state commercial 
quota for summer flounder may request approval from the Regional 
Administrator to combine their quotas, or part of their quotas, into an 
overall regional quota. Requests for transfer or combination of 
commercial quotas for summer flounder must be made by individual or 
joint letter(s) 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(s) must certify that 
all pertinent state requirements have been met and identify the states 
involved and the amount of quota to be transferred or combined.
    (3) Within 10 working days following the receipt of the letter(s) 
from the states involved, the Regional Administrator shall notify the 
appropriate state officials of the disposition of the request. In 
evaluating requests to transfer a quota or combine quotas, the Regional 
Administrator shall consider whether:
    (i) The transfer or combination would preclude the overall annual 
quota from being fully harvested.
    (ii) The transfer addresses an unforeseen variation or contingency 
in the fishery.
    (iii) The transfer is consistent with the objectives of the Summer 
Flounder FMP and Magnuson-Stevens Act.
    (4) The transfer of quota or the combination of quotas will be valid 
only for the calendar year for which the request was made.
    (5) A state may not submit a request to transfer quota or combine 
quotas if a request to which it is party is pending before the Regional 
Administrator. A state may submit a new request when it receives notice 
that the Regional Administrator has disapproved the previous request or 
when notice of the approval of the transfer or combination has been 
filed at the Office of the Federal Register.
    (6) If there is a quota overage among states involved in the 
combination of quotas at the end of the fishing year, the overage will 
be deducted from the following year's quota for each of the states 
involved in the combined quota. The deduction will be proportional, 
based on each state's relative share of the combined quota for the 
previous year. A transfer of quota or combination of quotas does not 
alter any

[[Page 655]]

state's percentage share of the overall quota specified in paragraph 
(d)(1)(i) of this section.
    (e) Recreational measures. The Demersal Species Committee shall 
review the recommendations of the Summer Flounder Monitoring Committee. 
Based on these recommendations and any public comment, the Demersal 
Species Committee shall recommend to the MAFMC and Commission measures 
necessary to ensure, with at least a 50-percent probability of success, 
that the applicable specified F will not be exceeded. The MAFMC shall 
review these recommendations and, based on the recommendations and any 
public comment, recommend to the Regional Administrator measures 
necessary to ensure, with at least a 50-percent probability of success, 
that the applicable specified F will not be exceeded. The MAFMC's 
recommendations must include supporting documentation, as appropriate, 
concerning the environmental and economic impacts of the 
recommendations. The Council and the Commission will recommend that the 
Regional Administrator implement either:
    (1) Coastwide measures. Annual coastwide management measures that 
constrain the recreational summer flounder fishery to the recreational 
harvest limit, or
    (2) Conservation equivalent measures. Individual states or regions 
formed voluntarily by adjacent states (i.e., multi-state conservation 
equivalency regions) may implement different combinations of minimum 
fish sizes, possession limits, and closed seasons that achieve 
equivalent conservation as the coastwide measures established under 
paragraph (e)(1) of this section. Each state or multi-state conservation 
equivalency region may implement measures by mode or area only if the 
proportional standard error of Marine Recreational Fisheries Statistics 
Survey (MRFSS) landings estimates by mode or area for that state are 
less than 30 percent.
    (i) After review of the recommendations, the Regional Administrator 
will publish a proposed rule in the Federal Register on or about March 1 
to implement the overall percent adjustment in recreational landings 
required for the fishing year, the Council and Commission's 
recommendation concerning conservation equivalency, the precautionary 
default measures, and coastwide measures.
    (ii) During the public comment period on the proposed rule, the 
Commission will review conservation equivalency proposals and determine 
whether or not they achieve the necessary adjustment to recreational 
landings. The Commission will provide the Regional Administrator with 
the individual state and/or multi-state region conservation measures for 
the approved state and/or multi-state region proposals and, in the case 
of disapproved state and/or multi-state region proposals, the 
precautionary default measures.
    (iii) The Commission may allow states assigned the precautionary 
default measures to resubmit revised management measures. The Commission 
will detail the procedures by which the state can develop alternate 
measures. The Commission will notify the Regional Administrator of any 
resubmitted state proposals approved subsequent to publication of the 
final rule and the Regional Administrator will publish a notice in the 
Federal Register to notify the public.
    (iv) After considering public comment, the Regional Administrator 
will publish a final rule in the Federal Register to implement either 
the state specific conservation equivalency measures or coastwide 
measures to ensure that the applicable specified target is not exceeded.
    (f) Research quota. See Sec. 648.21(g).

[66 FR 36211, July 11, 2001, as amended at 66 FR 42160, Aug. 10, 2001; 
67 FR 6880, Feb. 14, 2002; 67 FR 50372, Aug. 2, 2002; 69 FR 62821, Oct. 
28, 2004; 70 FR 310, Jan. 4, 2005; 70 FR 53970, Sept. 13, 2005; 71 FR 
42317, July 26, 2006; 73 FR 4755, Jan. 28, 2008]



Sec. 648.101  Closures.

    (a) EEZ closure. The Regional Administrator shall close the EEZ to 
fishing for summer flounder by commercial vessels for the remainder of 
the calendar year by publishing notification in the Federal Register if 
he/she determines that the inaction of one or more states will cause the 
applicable F specified in Sec. 648.100(a) to be exceeded,

[[Page 656]]

or if the commercial fisheries in all states have been closed. The 
Regional Administrator may reopen the EEZ if earlier inaction by a state 
has been remedied by that state, or if commercial fisheries in one or 
more states have been reopened without causing the applicable specified 
F to be exceeded.
    (b) State quotas. The Regional Administrator will monitor state 
commercial quotas based on dealer reports and other available 
information and shall determine the date when a state commercial quota 
will be harvested. The Regional Administrator shall publish notification 
in the Federal Register advising a state that, effective upon a specific 
date, its commercial quota has been harvested and notifying vessel and 
dealer permit holders that no commercial quota is available for landing 
summer flounder in that state.



Sec. 648.102  Time restrictions.

    Unless otherwise specified pursuant to Sec. 648.107, vessels that 
are not eligible for a moratorium permit under Sec. 648.4(a)(3) and 
fishermen subject to the possession limit may fish for summer flounder 
from May 1 through September 30. This time period may be adjusted 
pursuant to the procedures in Sec. 648.100.

[67 FR 50372, Aug. 2, 2002, as amended at 73 FR 29999, May 23, 2008; 74 
FR 30011, June 24, 2009]



Sec. 648.103  Minimum fish sizes.

    (a) The minimum size for summer flounder is 14 inches (35.6 cm) TL 
for all vessels issued a moratorium permit under Sec. 648.4 (a)(3), 
except on board party and charter boats carrying passengers for hire or 
carrying more than three crew members, if a charter boat, or more than 
five crew members, if a party boat;
    (b) Unless otherwise specified pursuant to Sec. 648.107, the 
minimum size for summer flounder is 20.0 inches (50.80 cm) TL for all 
vessels that do not qualify for a moratorium permit, and charter boats 
holding a moratorium permit if fishing with more than three crew 
members, or party boats holding a moratorium permit if fishing with 
passengers for hire or carrying more than five crew members.
    (c) The minimum sizes in this section apply to whole fish or to any 
part of a fish found in possession, e.g., fillets, except that party and 
charter vessels possessing valid state permits authorizing filleting at 
sea may possess fillets smaller that the size specified if all state 
requirements are met.

[61 FR 34968, July 3, 1996, as amended at 62 FR 10478, Mar. 7, 1997; 62 
FR 37157, July 11, 1997; 62 FR 63875, Dec. 3, 1997; 63 FR 27868, May 21, 
1998; 66 FR 39291, July 30, 2001; 67 FR 50372, Aug. 2, 2002; 72 FR 
65468, Nov. 21, 2007; 73 FR 29999, May 23, 2008; 74 FR 30011, June 24, 
2009]



Sec. 648.104  Gear restrictions.

    (a) General. (1) Otter trawlers whose owners are issued a summer 
flounder permit and that land or possess 100 or more lb (45.4 or more 
kg) of summer flounder from May 1 through October 31, or 200 lb or more 
(90.8 kg or more) of summer flounder from November 1 through April 30, 
per trip, must fish with nets that have a minimum mesh size of 5.5-inch 
(14.0-cm) diamond or 6.0-inch (15.2-cm) square mesh applied throughout 
the body, extension(s), and codend portion of the net.
    (2) Mesh size is measured by using a wedge-shaped gauge having a 
taper of 2 cm (0.79 inches) in 8 cm (3.15 inches), and a thickness of 
2.3 mm (0.09 inches), inserted into the meshes under a pressure or pull 
of 5 kg (11.02 lb) for mesh size less than 120 mm (4.72 inches) and 
under a pressure or pull of 8 kg (17.64 lb) for mesh size at, or greater 
than, 120 mm (4.72 inches). The mesh size is the average of the 
measurements of any series of 20 consecutive meshes for nets having 75 
or more meshes, and 10 consecutive meshes for nets having fewer than 75 
meshes. The mesh in the regulated portion of the net is measured at 
least five meshes away from the lacings, running parallel to the long 
axis of the net.
    (b) Exemptions. Unless otherwise restricted by this part, the 
minimum mesh-size requirements specified in paragraph (a)(1) of this 
section do not apply to:
    (1) Vessels issued a summer flounder moratorium permit, a summer 
flounder small-mesh exemption area letter of authorization (LOA), 
required under paragraph (b)(1)(i) of this section, and

[[Page 657]]

fishing from November 1 through April 30 in the exemption area, which is 
east of the line that follows 72[deg]30.0[min] W. long. until it 
intersects the outer boundary of the EEZ (copies of a map depicting the 
area are available upon request from the Regional Administrator). 
Vessels fishing under the LOA shall not fish west of the line. Vessels 
issued a permit under Sec. 648.4(a)(3)(iii) may transit the area west 
or south of the line, if the vessel's fishing gear is stowed in a manner 
prescribed under Sec. 648.104(e), so that it is not ``available for 
immediate use'' outside the exempted area. The Regional Administrator 
may terminate this exemption if he/she determines, after a review of sea 
sampling data, that vessels fishing under the exemption are discarding 
more than 10 percent, by weight, of their entire catch of summer 
flounder per trip. If the Regional Administrator makes such a 
determination, he/she shall publish notification in the Federal Register 
terminating the exemption for the remainder of the exemption season.
    (i) Requirements. (A) A vessel fishing in the Summer Flounder Small-
Mesh Exemption Area under this exemption must have on board a valid LOA 
issued by the Regional Administrator.
    (B) The vessel must be in enrolled in the exemption program for a 
minimum of 7 days.
    (ii) [Reserved]
    (2) Vessels fishing with a two-seam otter trawl fly net with the 
following configuration, provided that no other nets or netting with 
mesh smaller than 5.5 inches (14.0 cm) are on board:
    (i) The net has large mesh in the wings that measures 8 inches (20.3 
cm) to 64 inches (162.6 cm).
    (ii) The first body section (belly) of the net has 35 or more meshes 
that are at least 8 inches (20.3 cm).
    (iii) The mesh decreases in size throughout the body of the net to 2 
inches (5 cm) or smaller towards the terminus of the net.
    (3) The Regional Administrator may terminate this exemption if he/
she determines, after a review of sea sampling data, that vessels 
fishing under the exemption, on average, are discarding more than 1 
percent of their entire catch of summer flounder per trip. If the 
Regional Administrator makes such a determination, he/she shall publish 
a notice in the Federal Register terminating the exemption for the 
remainder of the calendar year.
    (c) Net modifications. No vessel subject to this part shall use any 
device, gear, or material, including, but not limited to nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of the 
regulated portion of a trawl net; except that, one splitting strap and 
one bull rope (if present) consisting of line or rope no more than 3 
inches (7.2 cm) in diameter may be used if such splitting strap and/or 
bull rope does not constrict, in any manner, the top of the regulated 
portion of the net, and one rope no greater than 0.75 inches (1.9 cm) in 
diameter extending the length of the net from the belly to the terminus 
of the codend along the top, bottom, and each side of the net. ``Top of 
the regulated portion of the net'' means the 50 percent of the entire 
regulated portion of the net that (in a hypothetical situation) will not 
be in contact with the ocean bottom during a tow if the regulated 
portion of the net were laid flat on the ocean floor. For the purpose of 
this paragraph (c), head ropes shall not be considered part of the top 
of the regulated portion of a trawl net. A vessel shall not use any 
means or mesh configuration on the top of the regulated portion of the 
net, as defined in Sec. 648.104(e), if it obstructs the meshes of the 
net or otherwise causes the size of the meshes of the net while in use 
to diminish to a size smaller than the minimum specified in Sec. 
648.100(a).
    (d) Mesh obstruction or constriction. (1) A fishing vessel may not 
use any mesh configuration, mesh construction, or other means on or in 
the top of the net, as defined in paragraph (c) of this section, that 
obstructs the meshes of the net in any manner.
    (2) No person on any vessel may possess or fish with a net capable 
of catching summer flounder in which the bars entering or exiting the 
knots twist around each other.
    (e) Stowage of nets. Otter trawl vessels retaining 100 lb (45.3 kg) 
or more of summer flounder from May 1 through October 31, or 200 lb 
(90.6 kg) or more of summer flounder from November 1 through April 30, 
and subject to the

[[Page 658]]

minimum mesh size requirement of paragraph (a)(1) of this section may 
not have ``available for immediate use'' any net or any piece of net 
that does not meet the minimum mesh size requirement, or any net, or any 
piece of net, with mesh that is rigged in a manner that is inconsistent 
with the minimum mesh size requirement. A net that is stowed in 
conformance with one of the methods specified in Sec. 648.23(b) and 
that can be shown not to have been in recent use is considered to be not 
``available for immediate use.''
    (f) The minimum net mesh requirement may apply to any portion of the 
net. The minimum mesh size and the portion of the net regulated by the 
minimum mesh size may be adjusted pursuant to the procedures in Sec. 
648.100.

[61 FR 34968, July 3, 1996, as amended at 62 FR 63876, Dec. 3, 1997; 69 
FR 62821, Oct. 28, 2004; 70 FR 35046, June 16, 2005; 71 FR 42318, July 
26, 2006; 72 FR 8289, Feb. 26, 2007]



Sec. 648.105  Possession restrictions.

    (a) Unless otherwise specified pursuant to Sec. 648.107, no person 
shall possess more than two summer flounder in, or harvested from, the 
EEZ, unless that person is the owner or operator of a fishing vessel 
issued a summer flounder moratorium permit, or is issued a summer 
flounder dealer permit. Persons aboard a commercial vessel that is not 
eligible for a summer flounder moratorium permit are subject to this 
possession limit. The owner, operator, and crew of a charter or party 
boat issued a summer flounder moratorium permit are subject to the 
possession limit when carrying passengers for hire or when carrying more 
than five crew members for a party boat, or more than three crew members 
for a charter boat. This possession limit may be adjusted pursuant to 
the procedures in Sec. 648.100.
    (b) If whole summer flounder are processed into fillets, the number 
of fillets will be converted to whole summer flounder at the place of 
landing by dividing the fillet number by two. If summer flounder are 
filleted into single (butterfly) fillets, each fillet is deemed to be 
from one whole summer flounder.
    (c) Summer flounder harvested by vessels subject to the possession 
limit with more than one person on board may be pooled in one or more 
containers. Compliance with the daily possession limit will be 
determined by dividing the number of summer flounder on board by the 
number of persons on board, other than the captain and the crew. If 
there is a violation of the possession limit on board a vessel carrying 
more than one person, the violation shall be deemed to have been 
committed by the owner and operator.
    (d) Owners and operators of otter trawl vessels issued a permit 
under Sec. 648.4(a)(3) that fish with or possess nets or pieces of net 
on board that do not meet the minimum mesh requirements and that are not 
stowed in accordance with Sec. 648.104(e), may not retain 100 lb (45.3 
kg) or more of summer flounder from May 1 through October 31, or 200 lb 
(90.6 kg) or more of summer flounder from November 1 through April 30, 
unless the vessel possesses a valid summer flounder small-mesh exemption 
LOA and is fishing in the exemption area as specified in Sec. 
648.104(b). Summer flounder on board these vessels must be stored so as 
to be readily available for inspection in standard 100-lb (45.3-kg) 
totes or fish boxes having a liquid capacity of 18.2 gal (70 L), or a 
volume of not more than 4,320 in \3\ (2.5 ft \3\ or 70.79 cm \3\).

[61 FR 34968, July 3, 1996, as amended at 62 FR 37157, July 11, 1997; 63 
FR 27868, May 21, 1998; 66 FR 39292, July 30, 2001; 67 FR 50372, Aug. 2, 
2002; 68 FR 44236, July 28, 2003; 69 FR 62822, Oct. 28, 2004; 72 FR 
65468, Nov. 21, 2007; 73 FR 29999, May 23, 2008; 74 FR 30011, June 24, 
2009]



Sec. 648.106  Sea Turtle conservation.

    Sea turtle regulations are found at 50 CFR parts 222 and 223.

[64 FR 57595, Oct. 26, 1999]



Sec. 648.107  Conservation equivalent measures for the summer flounder 

fishery.

    (a) The Regional Administrator has determined that the recreational 
fishing measures proposed to be implemented by Massachusetts through 
North Carolina for 2009 are the conservation equivalent of the season, 
minimum fish size, and possession limit prescribed in Sec. Sec. 
648.102, 648.103,

[[Page 659]]

and 648.105(a), respectively. This determination is based on a 
recommendation from the Summer Flounder Board of the Atlantic States 
Marine Fisheries Commission.
    (1) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels harvesting 
summer flounder in or from the EEZ and subject to the recreational 
fishing measures of this part, landing summer flounder in a state whose 
fishery management measures are determined by the Regional Administrator 
to be conservation equivalent shall not be subject to the more 
restrictive Federal measures, pursuant to the provisions of Sec. 
648.4(b). Those vessels shall be subject to the recreational fishing 
measures implemented by the state in which they land.
    (2) [Reserved]
    (b) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels subject to 
the recreational fishing measures of this part and registered in states 
whose fishery management measures are not determined by the Regional 
Administrator to be the conservation equivalent of the season, minimum 
size, and possession limit prescribed in Sec. Sec. 648.102, 648.103(b) 
and 648.105(a), respectively, due to the lack of, or the reversal of, a 
conservation equivalent recommendation from the Summer Flounder Board of 
the Atlantic States Marine Fisheries Commission, shall be subject to the 
following precautionary default measures: Season - July 4 through 
September 7; minimum size - 21.5 inches (54.61 cm); and possession limit 
- one fish.

[67 FR 50372, Aug. 2, 2002, as amended at 68 FR 44236, July 28, 2003; 69 
FR 53840, Sept. 3, 2004; 70 FR 35046, June 16, 2005; 71 FR 29256, May 
22, 2006; 71 FR 42318, July 26, 2006; 72 FR 30497, June 1, 2007; 73 FR 
29999, May 23, 2008; 73 FR 29999, May 23, 2008; 74 FR 30011, June 24, 
2009]



Sec. 648.108  Framework adjustments to management measures.

    (a) Within season management action. The Council, at any time, may 
initiate action to add or adjust management measures within the Summer 
Flounder, Scup, and Black Sea Bass FMP if it finds that action is 
necessary to meet or be consistent with the goals and objectives of the 
plan.
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of the 
availability of the recommendation(s), appropriate justification(s) and 
economic and biological analyses, and the opportunity to comment on the 
proposed adjustment(s) at the first meeting and prior to and at the 
second Council meeting. The Council's recommendations on adjustments or 
additions to management measures must come from one or more of the 
following categories: Minimum fish size, maximum fish size, gear 
restrictions, gear requirements or prohibitions, permitting 
restrictions, recreational possession limit, recreational seasons, 
closed areas, commercial seasons, commercial trip limits, commercial 
quota system including commercial quota allocation procedure and 
possible quota set asides to mitigate bycatch, recreational harvest 
limit, annual specification quota setting process, FMP Monitoring 
Committee composition and process, description and identification of 
essential fish habitat (and fishing gear management measures that impact 
EFH), description and identification of habitat areas of particular 
concern, overfishing definition and related thresholds and targets, 
regional gear restrictions, regional season restrictions (including 
option to split seasons), restrictions on vessel size (LOA and GRT) or 
shaft horsepower, operator permits, changes to the Northeast Region SBRM 
(including the CV-based performance standard, the means by which discard 
data are collected/obtained, fishery stratification, reports, and/or 
industry-funded observers or observer set-aside programs), any other 
commercial or recreational management measures, any other management 
measures currently included in the FMP, and set aside quota for 
scientific research.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's

[[Page 660]]

recommendation must include supporting rationale, if management measures 
are recommended, an analysis of impacts, and a recommendation to the 
Regional Administrator on whether to issue the management measures as a 
final rule. If the Council recommends that the management measures 
should be issued as a final rule, it must consider at least the 
following factors and provide support and analysis for each factor 
considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether the regulations would have to be in place for 
an entire harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) NMFS action. If the Council's recommendation includes 
adjustments or additions to management measures and, if after reviewing 
the Council's recommendation and supporting information:
    (i) NMFS concurs with the Council's recommended management measures 
and determines that the recommended management measures should be issued 
as a final rule based on the factors specified in paragraph (a)(2) of 
this section, the measures will be issued as a final rule in the Federal 
Register.
    (ii) If NMFS concurs with the Council's recommended management 
measures and determines that the recommended management measures should 
be published first as a proposed rule, the measures will be published as 
a proposed rule in the Federal Register. After additional public 
comment, if NMFS concurs with the Council recommendation, the measures 
will be issued as a final rule and published in the Federal Register.
    (iii) If NMFS does not concur, the Council will be notified in 
writing of the reasons for the non-concurrence.
    (4) Emergency actions. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.
    (b) [Reserved]

[64 FR 57595, Oct. 26, 1999, as amended at 73 FR 4755, Jan. 28, 2008]



           Subpart H_Management Measures for the Scup Fishery

    Source: 61 FR 43426, Aug. 23, 1996, unless otherwise noted.



Sec. 648.120  Catch quotas and other restrictions.

    (a) Review. The Scup Monitoring Committee shall review each year the 
following data, subject to availability, unless a TAL already has been 
established for the upcoming calendar year as part of a multiple-year 
specification process, provided that new information does not require a 
modification to the multiple-year quotas: Commercial, recreational, and 
research data; current estimates of fishing mortality; stock status; 
recent estimates of recruitment; virtual population analysis results; 
levels of noncompliance by fishermen or individual states; impact of 
size/mesh regulations; impact of gear on the mortality of scup; 
discards; and any other relevant information. This review will be 
conducted to determine the allowable levels of fishing and other 
restrictions necessary to achieve the F that produces the maximum yield 
per recruit (Fmax).
    (b) Recommended measures. Based on this review and requests for 
research quota as described in paragraph (e) of this section, the Scup 
Monitoring Committee shall recommend the following measures to the 
Demersal Species Committee of the MAFMC and the Commission to ensure 
that the exploitation rate specified in paragraph (a) of this section 
will not be exceeded:
    (1) Research quota set from a range of 0 to 3 percent of the maximum 
allowed to achieve the specified exploitation rate.
    (2) The commercial quota for each of the three periods specified in 
paragraph (d)(1) of this section, to be set from a range of 0 to the 
maximum allowed to

[[Page 661]]

achieve the specified exploitation rate, set after the deduction for 
research quota. The commercial quota will be established by estimating 
the annual total allowable catch (TAC), allocating it into the three 
periods, and deducting the discard estimates for each period.
    (3) Possession limits for the Winter I and Winter II periods, 
including possession limits that result from potential rollover of quota 
from Winter I to Winter II. The possession limit is the maximum quantity 
of scup that is allowed to be landed within a 24-hour period (calendar 
day).
    (4) Percent of landings attained at which the landing limit for the 
Winter I period will be reduced.
    (5) All scup landed for sale in any state during a quota period 
shall be applied against the coastwide commercial quota for that period, 
regardless of where the scup were harvested, except as provided in 
paragraph (d)(5) of this section.
    (6) Minimum mesh size.
    (7) Recreational possession limit set from a range of 0 to 50 scup 
to achieve the specified exploitation rate, set after the reduction for 
research quota.
    (8) Recreational minimum fish size set from a range of 7 inches 
(17.8 cm) TL to 10 inches (25.4 cm) TL.
    (9) Recreational season.
    (10) Restrictions on gear.
    (11) Season and area closures in the commercial fishery.
    (12) Total allowable landings on an annual basis for a period not to 
exceed 3 years.
    (13) Changes, as appropriate, to the Northeast Region SBRM, 
including the CV-based performance standard, fishery stratification, 
and/or reports.
    (c) Fishing measures. The Demersal Species Committee shall review 
the recommendations of the Scup Monitoring Committee. Based on these 
recommendations and any public comment, the Demersal Species Committee 
shall recommend to the MAFMC measures necessary to assure that the 
specified exploitation rate will not be exceeded. The MAFMC's 
recommendation must include supporting documentation, as appropriate, 
concerning the environmental and economic impacts of the 
recommendations. The Regional Administrator shall review these 
recommendations and any recommendations of the Commission. After such 
review, NMFS will publish a proposed rule to implement a commercial 
quota in the Federal Register, specifying the amount of quota allocated 
to each of the three periods, possession limits for the Winter I and 
Winter II periods, including possession limits that result from 
potential rollover of quota from Winter I to Winter II, the percentage 
of landings attained during the Winter I fishery at which the possession 
limits will be reduced, a recreational harvest limit, and additional 
management measures for the commercial fishery. If the Regional 
Administrator determines that additional recreational measures are 
necessary to assure that the specified exploitation rate will not be 
exceeded, he or she will publish a proposed rule in the Federal Register 
to implement additional management measures for the recreational 
fishery. After considering public comment, the Regional Administrator 
will publish a final rule in the Federal Register to implement annual 
measures.
    (d) Distribution of Commercial Quota. (1) The annual commercial 
quota will be allocated into three periods, based on the following 
percentages:

------------------------------------------------------------------------
                            Period                              Percent
------------------------------------------------------------------------
Winter I--January-April......................................      45.11
Summer--May-October..........................................      38.95
Winter II--November-December.................................      15.94
------------------------------------------------------------------------

    (2) The commercial quotas for each period will each be distributed 
to the coastal states from Maine through North Carolina on a coastwide 
basis.
    (3) The Regional Administrator will monitor the harvest of 
commercial quota for the Winter I period based on dealer reports, state 
data, and other available information and shall determine the total 
amount of scup landed during the Winter I period. In any year that the 
Regional Administrator determines that the landings of scup during 
Winter I are less than the Winter I quota for that year, he/she shall 
increase, through publication of a notification in the Federal Register, 
provided such rule complies with the requirements of the Administrative 
Procedure Act, the Winter II quota for that year by the amount of the 
Winter

[[Page 662]]

I underharvest. The Regional Administrator shall also adjust, through 
publication of a notification in the Federal Register, the Winter II 
possession limits consistent with the amount of the quota increase, 
based on the possession limits established through the annual 
specifications-setting process.
    (4) All scup landed for sale in any state during a quota period 
shall be applied against the coastwide commercial quota for that period, 
regardless of where the scup were harvested, except as provided in 
paragraph (d)(5) of this section. Any current year landings in excess of 
the commercial quota in any quota period will be deducted from that 
quota period's annual quota in the following year as prescribed below:
    (i) For the Winter I and Summer quota periods, landings in excess of 
the allocation will be deducted from the appropriate quota period for 
the following year in the final rule that establishes the annual quota. 
The overage deduction will be based on landings for the current year 
through October 31, and on landings for the previous calendar year that 
were not included when the overage deduction was made in the final rule 
that established the period quotas for the current year. If the Regional 
Administrator determines during the fishing year that any part of an 
overage deduction was based on erroneous landings data that were in 
excess of actual landings for the period concerned, he/she will restore 
the overage that was deducted in error to the appropriate quota 
allocation. The Regional Administrator will publish a notice in the 
Federal Register announcing the restoration.
    (ii) For the Winter II quota period, landings in excess of the 
allocation will be deducted from the Winter II period for the following 
year in a notice published in the Federal Register during July of the 
following year. The overage deduction will be based on landings 
information available for the Winter II period as of June 30 of the 
following year. If the Regional Administrator determines during the 
fishing year that any part of an overage deduction was based on 
erroneous landings data that were in excess of actual landings for the 
period concerned, he/she will restore the overage that was deducted in 
error to the appropriate quota allocation. The Regional Administrator 
will publish a notice in the Federal Register announcing the 
restoration.
    (5) During a fishing year in which the Winter I quota period is 
closed prior to April 15, a state may apply to the Regional 
Administrator for authorization to count scup landed for sale in that 
state from April 15 through April 30 by state-only permitted vessels 
fishing exclusively in waters under the jurisdiction of that state 
against the Summer period quota. Requests to the Regional Administrator 
to count scup landings in a state from April 15 through April 30 against 
the Summer period quota must be made by letter signed by the principal 
state official with marine fishery management responsibility and 
expertise, or his/her designee, and must be received by the Regional 
Administrator no later than April 15. Within 10 working days following 
receipt of the letter, the Regional Administrator shall notify the 
appropriate state official of the disposition of the request.
    (e) Research quota. See Sec. 648.21(g).

[61 FR 43426, Aug. 23, 1996, as amended at 62 FR 27984, May 22, 1997; 65 
FR 33497, May 24, 2000; 66 FR 12911, Mar. 1, 2001; 66 FR 42161, Aug. 10, 
2001; 66 FR 45187, Aug. 28, 2001; 67 FR 6880, Feb. 14, 2002; 68 FR 
62253, Nov. 3, 2003; 69 FR 62822, Oct. 28, 2004; 70 FR 310, Jan. 4, 
2005; 73 FR 4756, Jan. 28, 2008]



Sec. 648.121  Closures.

    (a) Period closures. The Regional Administrator will monitor the 
harvest of commercial quota for each quota period based on dealer 
reports, state data, and other available information and shall determine 
the date when the commercial quota for a period will be harvested. NMFS 
shall close the EEZ to fishing for scup by commercial vessels for the 
remainder of the indicated period by publishing notification in the 
Federal Register advising that, effective upon a specific date, the 
commercial quota for that period has been harvested, and notifying 
vessel and dealer permit holders that no commercial quota is available 
for landing scup for the remainder of the period.
    (b) [Reserved]

[62 FR 27985, May 22, 1997, as amended at 65 FR 33497, May 24, 2000]

[[Page 663]]



Sec. 648.122  Season and area restrictions.

    (a) Southern Gear Restricted Area--(1) Restrictions. From January 1 
through March 15, all trawl vessels in the Southern Gear Restricted Area 
that fish for or possess non-exempt species as specified in paragraph 
(a)(2) of this section must fish with nets that have a minimum mesh size 
of 5.0-inch (12.7-cm) diamond mesh, applied throughout the codend for at 
least 75 continuous meshes forward of the terminus of the net. For trawl 
nets with codends (including an extension) of fewer than 75 meshes, the 
entire trawl net must have a minimum mesh size of 5.0 inches (12.7 cm) 
throughout the net. The Southern Gear Restricted Area is an area bounded 
by straight lines connecting the following points in the order stated 
(copies of a chart depicting the area are available from the Regional 
Administrator upon request):

                      Southern Gear Restricted Area
------------------------------------------------------------------------
               Point                     N. lat.            W. long.
------------------------------------------------------------------------
SGA1..............................  39[deg]20[min]     72[deg]53[min]
SGA2..............................  39[deg]20[min]     72[deg]28[min]
SGA3..............................  38[deg]00[min]     73[deg]58[min]
SGA4..............................  37[deg]00[min]     74[deg]43[min]
SGA5..............................  36[deg]30[min]     74[deg]43[min]
SGA6..............................  36[deg]30[min]     75[deg]03[min]
SGA7..............................  37[deg]00[min]     75[deg]03[min]
SGA8..............................  38[deg]00[min]     74[deg]23[min]
SGA1..............................  39[deg]20[min]     72[deg]53[min]
------------------------------------------------------------------------

    (2) Non-exempt species. Unless otherwise specified in paragraph (d) 
of this section, the restrictions specified in paragraph (a)(1) of this 
section apply only to vessels in the Southern Gear Restricted Area that 
are fishing for or in possession of the following non-exempt species: 
Loligo squid, black sea bass and silver hake (whiting).
    (b) Northern Gear Restricted Area I--(1) Restrictions. From November 
1 through December 31, all trawl vessels in the Northern Gear Restricted 
Area I that fish for or possess non-exempt species as specified in 
paragraph (b)(2) of this section, 5.0-inch (12.7 cm) diamond mesh, 
applied throughout the codend for at least 75 continuous meshes forward 
of the terminus of the net. For trawl nets with codends (including an 
extension) of fewer than 75 meshes, the entire trawl net must have a 
minimum mesh size of 5.0 inches (12.7 cm) throughout the net. The 
Northern Gear Restricted Area I is an area bounded by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting the area are available from the Regional Administrator upon 
request):

                     Northern Gear Restricted Area I
------------------------------------------------------------------------
                    Point                        N. lat.       W. long
------------------------------------------------------------------------
NGA1........................................  41[deg]00[mi  71[deg]00[mi
                                                        n]            n]
NGA2........................................  41[deg]00[mi  71[deg]30[mi
                                                        n]            n]
NGA3........................................  40[deg]00[mi  72[deg]40[mi
                                                        n]            n]
NGA4........................................  40[deg]00[mi  72[deg]05[mi
                                                        n]            n]
NGA1........................................  41[deg]00[mi  71[deg]00[mi
                                                        n]            n]
------------------------------------------------------------------------

    (2) Non-exempt species. Unless otherwise specified in paragraph (d) 
of this section, the restrictions specified in paragraph (b)(1) of this 
section apply only to vessels in the Northern Gear Restricted Area I 
that are fishing for, or in possession of, the following non-exempt 
species: Loligo squid, black sea bass and silver hake (whiting).
    (c) Transiting. Vessels that are subject to the provisions of the 
Southern and Northern GRAs, as specified in paragraphs (a) and (b) of 
this section, respectively, may transit these areas provided that trawl 
net codends on board of mesh size less than that specified in paragraphs 
(a) and (b) of this section are not available for immediate use and are 
stowed in accordance with the provisions of Sec. 648.23(b).
    (d) [Reserved]
    (e) Addition or deletion of exemptions. The MAFMC may recommend to 
the Regional Administrator, through the framework procedure specified in 
Sec. 648.108(a), additions or deletions to exemptions for fisheries 
other than scup. A fishery may be restricted or exempted by area, gear, 
season, or other means determined to be appropriate to reduce bycatch of 
scup.
    (f) Exempted experimental fishing. The Regional Administrator may 
issue an exempted experimental fishing permit (EFP) under the provisions 
of Sec. 600.745(b), consistent with paragraph (d)(2) of this section, 
to allow any vessel participating in a scup discard mitigation research 
project to engage in any of the following activities: Fish in the 
applicable gear restriction area, use fishing gear that does not conform 
to the regulations, possess non-exempt species specified in paragraphs 
(a)(2)

[[Page 664]]

and (b)(2) of this section, or engage in any other activity necessary to 
project operations for which an exemption from regulatory provision is 
required. Vessels issued an EFP must comply with all conditions and 
restrictions specified in the EFP.
    (1) A vessel participating in an exempted experimental fishery in 
the Scup Gear Restriction Area(s) must carry an EFP authorizing the 
activity and any required Federal fishery permit on board.
    (2) The Regional Administrator may not issue an EFP unless s/he 
determines that issuance is consistent with the objectives of the FMP, 
the provisions of the Magnuson-Stevens Act, and other applicable law and 
will not:
    (i) Have a detrimental effect on the scup resource and fishery;
    (ii) Cause the quotas for any species of fish for any quota period 
to be exceeded;
    (iii) Create significant enforcement problems; or
    (iv) Have a detrimental effect on the scup discard mitigation 
research project.
    (g) Time restrictions. Vessels that are not eligible for a 
moratorium permit under Sec. 648.4(a)(6), and fishermen subject to the 
possession limit, may not possess scup, except from January 1 through 
the last day of February, and from October 1 through October 31. This 
time period may be adjusted pursuant to the procedures in Sec. 648.120.

[65 FR 33497, May 24, 2000, as amended at 65 FR 81765, Dec. 27, 2000; 66 
FR 12911, Mar. 1, 2001; 66 FR 39292, July 30, 2001; 67 FR 50372, Aug. 2, 
2002; 68 FR 68, Jan. 2, 2003; 68 FR 12814, Mar. 18, 2003; 68 FR 44236, 
July 28, 2003; 69 FR 41983, July 13, 2004; 70 FR 311, Jan. 4, 2005; 70 
FR 35046, June 16, 2005; 73 FR 29999, May 23, 2008]



Sec. 648.123  Gear restrictions.

    (a) Trawl vessel gear restrictions--(1) Minimum mesh size. No owner 
or operator of an otter trawl vessel that is issued a scup moratorium 
permit may possess 500 lb (226.8 kg) or more of scup from November 1 
through April 30, or 200 lb (90.7 kg) or more of scup from May 1 through 
October 31, unless fishing with nets that have a minimum mesh size of 
5.0-inch (12.7-cm) diamond mesh, applied throughout the codend for at 
least 75 continuous meshes forward of the terminus of the net, and all 
other nets are stowed in accordance with Sec. 648.23(b)(1). For trawl 
nets with codends (including an extension) of fewer than 75 meshes, the 
entire trawl net must have a minimum mesh size of 5.0 inches (12.7 cm) 
throughout the net. Scup on board these vessels must be stowed 
separately and kept readily available for inspection. Measurement of 
nets will be in conformity with Sec. 648.80(f)(2)(ii).
    (2) Mesh-size measurement. Mesh sizes will be measured according to 
the procedure specified in Sec. 648.104(a)(2).
    (3) Net modification. The owner or operator of a fishing vessel 
subject to the minimum mesh requirements in Sec. 648.122 and paragraph 
(a)(1) of this section shall not use any device, gear, or material, 
including, but not limited to, nets, net strengtheners, ropes, lines, or 
chafing gear, on the top of the regulated portion of a trawl net. 
However, one splitting strap and one bull rope (if present), consisting 
of line or rope no more than 3 inches (7.2 cm) in diameter, may be used 
if such splitting strap and/or bull rope does not constrict in any 
manner the top of the regulated portion of the net, and one rope no 
greater that 0.75 inches (1.9 cm) in diameter extending the length of 
the net from the belly to the terminus of the codend along the top, 
bottom, and each side of the net. ``Top of the regulated portion of the 
net'' means the 50 percent of the entire regulated portion of the net 
that (in a hypothetical situation) will not be in contact with the ocean 
bottom during a tow if the regulated portion of the net were laid flat 
on the ocean floor. For the purpose of this paragraph (a)(3), head ropes 
are not considered part of the top of the regulated portion of a trawl 
net.
    (4) Mesh obstruction or constriction. (i) The owner or operator of a 
fishing vessel subject to the minimum mesh restrictions in Sec. 648.122 
and in paragraph (a)(1) of this section shall not use any mesh 
construction, mesh configuration, or other means on, in, or attached to 
the top of the regulated portion of the net, as defined in paragraph 
(a)(3) of this section, if it obstructs or constricts the meshes of the 
net in any manner.

[[Page 665]]

    (ii) The owner or operator of a fishing vessel subject to the 
minimum mesh requirements in Sec. 648.122 and in paragraph (a)(1) of 
this section may not use a net capable of catching scup if the bars 
entering or exiting the knots twist around each other.
    (5) Stowage of nets. The owner or operator of an otter trawl vessel 
retaining 500 lb (226.8 kg) or more of scup from November 1 through 
April 30, or 200 lb (90.7 kg) or more of scup from May 1 through October 
31, and subject to the minimum mesh requirements in paragraph (a)(1) of 
this section, and the owner or operator of a midwater trawl or other 
trawl vessel subject to the minimum size requirement in Sec. 648.122, 
may not have available for immediate use any net, or any piece of net, 
not meeting the minimum mesh size requirement, or mesh that is rigged in 
a manner that is inconsistent with the minimum mesh size. A net that is 
stowed in conformance with one of the methods specified in Sec. 648.23 
(b), and that can be shown not to have been in recent use, is considered 
to be not available for immediate use.
    (6) Roller gear. The owner or operator of an otter trawl vessel 
issued a moratorium permit pursuant to Sec. 648.4(a)(6) shall not use 
roller rig trawl gear equipped with rollers greater than 18 inches (45.7 
cm) in diameter.
    (7) Procedures for changes. The minimum net mesh and the threshold 
catch level at which it is required set forth in paragraph (a)(1) of 
this section, and the maximum roller diameter set forth in paragraph 
(a)(6) of this section, may be changed following the procedures in Sec. 
648.120.
    (b) Pot and trap gear restrictions. Owners or operators of vessels 
subject to this part must fish with scup pots or traps that comply with 
the following:
    (1) Degradable hinges. A scup pot or trap must have degradable 
hinges and fasteners made of one of the following degradable materials:
    (i) Untreated hemp, jute, or cotton string of \3/16\ inches (4.8 mm) 
diameter or smaller;
    (ii) Magnesium alloy, timed float releases (pop-up devices) or 
similar magnesium alloy fasteners; or
    (iii) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm) 
diameter or smaller.
    (2) Escape vents. (i) All scup pots or traps that have a circular 
escape vent with a minimum of 3.1 inches (7.9 cm) in diameter, or a 
square escape vent with a minimum of 2.25 inches (5.7 cm) for each side, 
or an equivalent rectangular escape vent.
    (ii) The minimum escape vent size set forth in paragraph (b)(2)(i) 
of this section may be revised following the procedures in Sec. 
648.120.
    (3) Pot and trap identification. Pots or traps used in fishing for 
scup must be marked with a code of identification that may be the number 
assigned by the Regional Administrator and/or the identification marking 
as required by the vessel's home port state.

[61 FR 43426, Aug. 23, 1996, as amended at 61 FR 56126, Oct. 31, 1996; 
62 FR 12107, Mar. 14, 1997; 63 FR 72215, Dec. 31, 1998; 65 FR 33498, May 
24, 2000; 66 FR 12911, Mar. 1, 2001; 66 FR 66357, Dec. 26, 2001; 69 FR 
16179, Mar. 29, 2004; 70 FR 311, Jan. 4, 2005; 70 FR 35046, June 16, 
2005]



Sec. 648.124  Minimum fish sizes.

    (a) The minimum size for scup is 9 inches (22.9 cm) TL for all 
vessels issued a moratorium permit under Sec. 648.4(a)(6). If such a 
vessel is also issued a charter and party boat permit and is carrying 
passengers for hire, or carrying more than three crew members if a 
charter boat, or more than five crew members if a party boat, then the 
minimum size specified in paragraph (b) of this section applies.
    (b) The minimum size for scup is 10.5 inches (26.67 cm) TL for all 
vessels that do not have a moratorium permit, or for party and charter 
vessels that are issued a moratorium permit but are fishing with 
passengers for hire, or carrying more than three crew members if a 
charter boat, or more than five crew members if a party boat.
    (c) The minimum size applies to whole fish or any part of a fish 
found in possession, e.g., fillets. These minimum sizes may be adjusted 
pursuant to the procedures in Sec. 648.120.

[61 FR 43426, Aug. 23, 1996, as amended at 66 FR 39292, July 30, 2001; 
67 FR 50373, Aug. 2, 2002; 73 FR 29999, May 23, 2008]

[[Page 666]]



Sec. 648.125  Possession limit.

    (a) No person shall possess more than 15 scup in, or harvested from, 
the EEZ unless that person is the owner or operator of a fishing vessel 
issued a scup moratorium permit, or is issued a scup dealer permit. 
Persons aboard a commercial vessel that is not eligible for a scup 
moratorium permit are subject to this possession limit. The owner, 
operator, and crew of a charter or party boat issued a scup moratorium 
permit are subject to the possession limit when carrying passengers for 
hire or when carrying more than five crew members for a party boat, or 
more than three crew members for a charter boat. This possession limit 
may be adjusted pursuant to the procedures in Sec. 648.120.
    (b) If whole scup are processed into fillets, an authorized officer 
will convert the number of fillets to whole scup at the place of landing 
by dividing fillet number by 2. If scup are filleted into a single 
(butterfly) fillet, such fillet shall be deemed to be from one whole 
scup.
    (c) Scup harvested by vessels subject to the possession limit with 
more than one person aboard may be pooled in one or more containers. 
Compliance with the daily possession limit will be determined by 
dividing the number of scup on board by the number of persons aboard 
other than the captain and crew. If there is a violation of the 
possession limit on board a vessel carrying more than one person, the 
violation shall be deemed to have been committed by the owner and 
operator.
    (d) Scup and scup parts harvested by a vessel with a moratorium or 
charter or party boat scup permit, or in or from the EEZ north of 
35[deg]15.3[min] N. lat., may not be landed with the skin removed.

[61 FR 43426, Aug. 23, 1996, as amended at 66 FR 39292, July 30, 2001; 
67 FR 50373, Aug. 2, 2002; 68 FR 44236, July 28, 2003; 73 FR 30000, May 
23, 2008]



Sec. 648.126  Protection of threatened and endangered sea turtles.

    This section supplements existing regulations issued to regulate 
incidental take of sea turtles under authority of the Endangered Species 
Act under 50 CFR parts 222 and 223. In addition to the measures required 
under those parts, NMFS will investigate the extent of take in flynet 
gear and if deemed appropriate, may develop and certify a Turtle 
Excluder Device for that gear.

[61 FR 43426, Aug. 23, 1996, as amended at 64 FR 14077, Mar. 23, 1999]



Sec. 648.127  Framework adjustments to management measures.

    (a) Within season management action. See Sec. 648.108(a).
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of the 
availability of the recommendation(s), appropriate justification(s) and 
economic and biological analyses, and the opportunity to comment on the 
proposed adjustment(s) at the first meeting and prior to and at the 
second Council meeting. The Council's recommendations on adjustments or 
additions to management measures must come from one or more of the 
following categories: Minimum fish size, maximum fish size, gear 
restrictions, gear restricted areas, gear requirements or prohibitions, 
permitting restrictions, recreational possession limit, recreational 
seasons, closed areas, commercial seasons, commercial trip limits, 
commercial quota system including commercial quota allocation procedure 
and possible quota set asides to mitigate bycatch, recreational harvest 
limit, annual specification quota setting process, FMP Monitoring 
Committee composition and process, description and identification of 
essential fish habitat (and fishing gear management measures that impact 
EFH), description and identification of habitat areas of particular 
concern, overfishing definition and related thresholds and targets, 
regional gear restrictions, regional season restrictions (including 
option to split seasons), restrictions on vessel size (LOA and GRT) or 
shaft horsepower, operator permits, any other commercial or recreational 
management measures, any other management measures currently included in 
the FMP, and set aside quota for scientific research.

[[Page 667]]

    (2) Council recommendation. See Sec. 648.108(a)(2)(i) through (iv).
    (3) NMFS action. See Sec. 648.108(a)(i) through (iii).
    (4) Emergency actions. See Sec. 648.108(a)(4).
    (b) [Reserved]

[64 FR 57595, Oct. 26, 1999, as amended at 64 FR 66587, Nov. 29, 1999; 
72 FR 40080, July 23, 2007]



      Subpart I_Management Measures for the Black Sea Bass Fishery

    Source: 61 FR 58467, Nov. 15, 1996, unless otherwise noted.



Sec. 648.140  Catch quotas and other restrictions.

    (a) Review. The Black Sea Bass Monitoring Committee shall review 
each year the following data, subject to availability, unless a TAL 
already has been established for the upcoming calendar year as part of a 
multiple-year specification process, provided that new information does 
not require a modification to the multiple-year quotas, to determine the 
allowable levels of fishing and other restrictions necessary to result 
in a target exploitation rate of 23 percent (based on Fmax) in 2003 and 
subsequent years: Commercial, recreational, and research catch data; 
current estimates of fishing mortality; stock status; recent estimates 
of recruitment; virtual population analysis results; levels of 
noncompliance by fishermen or individual states; impact of size/mesh 
regulations; discards; sea sampling and winter trawl survey data, or if 
sea sampling data are unavailable, length frequency information from the 
winter trawl survey and mesh selectivity analyses; impact of gear other 
than otter trawls, pots and traps on the mortality of black sea bass; 
and any other relevant information.
    (b) Recommended measures. Based on this review and requests for 
research quota as described in paragraph (e) of this section, the Black 
Sea Bass Monitoring Committee will recommend to the Demersal Species 
Committee of the Council and the Commission the following measures to 
ensure that the target exploitation rate specified in paragraph (a) of 
this section is not exceeded:
    (1) Research quota set from a range of 0 to 3 percent of the maximum 
allowed to achieve the specified exploitation rate.
    (2) A commercial quota allocated annually, set from a range of zero 
to the maximum allowed to achieve the specified target exploitation 
rate, set after the deduction for research quota.
    (3) A commercial possession limit for all moratorium vessels may be 
set from a range of zero to the maximum allowed to assure that the 
annual coastwide quota is not exceeded, with the provision that these 
quantities be the maximum allowed to be landed within a 24-hour period 
(calendar day).
    (4) Commercial minimum fish size.
    (5) Minimum mesh size in the codend or throughout the net and the 
catch threshold that will require compliance with the minimum mesh 
requirement.
    (6) Escape vent size.
    (7) A recreational possession limit set from a range of 0 to the 
maximum allowed to achieve the target exploitation rate, set after the 
reduction for research quota.
    (8) Recreational minimum fish size.
    (9) Recreational season. This measure may be adjusted beginning in 
1998.
    (10) Restrictions on gear other than otter trawls and pots or traps.
    (11) Total allowable landings on an annual basis for a period not to 
exceed 3 years.
    (12) Changes, as appropriate, to the Northeast Region SBRM, 
including the CV-based performance standard, fishery stratification, 
and/or reports.
    (c) Fishing measures. The Demersal Species Committee shall review 
the recommendations of the Black Sea Bass Monitoring Committee. Based on 
these recommendations and any public comment, the Demersal Species 
Committee shall make its recommendations to the Council with respect to 
the measures necessary to assure that the target exploitation rate 
specified in paragraph (a) of this section is not exceeded. The Council 
shall review these recommendations and, based on the recommendations and 
public comment, make recommendations to the Regional Administrator with 
respect to

[[Page 668]]

the measures necessary to assure that the target exploitation rate 
specified in paragraph (a) of this section is not exceeded. Included in 
the recommendation will be supporting documents, as appropriate, 
concerning the environmental and economic impacts of the final rule. The 
Regional Administrator will review these recommendations and any 
recommendations of the Commission. After such review, the Regional 
Administrator will publish a proposed rule in the Federal Register to 
implement a commercial quota, a recreational harvest limit, and 
additional management measures for the commercial fishery. If the 
Regional Administrator determines that additional recreational measures 
are necessary to assure that the target exploitation rate specified in 
paragraph (a) of this section will not be exceeded, he or she will 
publish a proposed rule in the Federal Register to implement additional 
management measures for the recreational fishery. After considering 
public comment, the Regional Administrator will publish a final rule in 
the Federal Register to implement the measures necessary to assure that 
the target exploitation rate specified in paragraph (a) of this section 
is not exceeded.
    (d) Distribution of annual quota. (1) Beginning on March 31, 2003, a 
commercial annual coastwide quota will be allocated to the commercial 
black sea bass fishery.
    (2) All black sea bass landed for sale in the states from North 
Carolina through Maine by a vessel with a moratorium permit issued under 
Sec. 648.4(a)(7) shall be applied against the commercial annual 
coastwide quota, regardless of where the black sea bass were harvested. 
All black sea bass harvested north of 35[deg]15.3[min] N. lat., and 
landed for sale in the states from North Carolina through Maine by any 
vessel without a moratorium permit and fishing exclusively in state 
waters will be counted against the quota by the state in which it is 
landed, pursuant to the Fishery Management Plan for the Black Sea Bass 
Fishery adopted by the Commission. The Regional Administrator will 
determine the date on which the annual coastwide quota will have been 
harvested; beginning on that date and through the end of the calendar 
year, the EEZ north of 35[deg]15.3[min] N. lat. will be closed to the 
possession of black sea bass. The Regional Administrator will publish 
notification in the Federal Register advising that, upon, and after, 
that date, no vessel may possess black sea bass in the EEZ north of 
35[deg]15.3[min] N. lat. during a closure, nor may vessels issued a 
moratorium permit land black sea bass during the closure. Individual 
states will have the responsibility to close their ports to landings of 
black sea bass during a closure, pursuant to the Fishery Management Plan 
for the Black Sea Bass Fishery adopted by the Commission.
    (3) Landings in excess of the annual coastwide quota will be 
deducted from the quota allocation for the following year in the final 
rule that establishes the annual quota. The overage deduction will be 
based on landings for the current year through September 30, and 
landings for the previous calendar year that were not included when the 
overage deduction was made in the final rule that established the annual 
coastwide quota for the current year. If the Regional Administrator 
determines during the fishing year that any part of an overage deduction 
was based on erroneous landings data that were in excess of actual 
landings for the period concerned, he/she will restore the overage that 
was deducted in error to the appropriate quota allocation. The Regional 
Administrator will publish notification in the Federal Register 
announcing the restoration.
    (e) Research quota. See Sec. 648.21(g).

[61 FR 58467, Nov. 15, 1996, as amended at 66 FR 12911, Mar. 1, 2001; 66 
FR 42161, Aug. 10, 2001; 67 FR 6881, Feb. 14, 2002; 68 FR 10183, Mar. 4, 
2003; 69 FR 62822, Oct. 28, 2004; 70 FR 311, Jan. 4, 2005; 73 FR 4756, 
Jan. 28, 2008]



Sec. 648.141  Closure.

    EEZ closure. The Regional Administrator shall close the EEZ to 
fishing for black sea bass by commercial vessels issued a moratorium 
permit for the remainder of the calendar year by publishing notification 
in the Federal Register if he or she determines that the action or 
inaction of one or more states will cause the applicable target 
exploitation rate specified in Sec. 648.140(a) to be exceeded. The 
Regional

[[Page 669]]

Administrator may reopen the EEZ if earlier action or inaction by a 
state has been remedied by that state without causing the applicable 
specified target exploitation rate to be exceeded.



Sec. 648.142  Time restrictions.

    Vessels that are not eligible for a moratorium permit under Sec. 
648.4(a)(7), and fishermen subject to the possession limit may possess 
black sea bass from January 1 through December 31, unless this time 
period is adjusted pursuant to the procedures in Sec. 648.140.

[70 FR 35046, June 16, 2005]



Sec. 648.143  Minimum sizes.

    (a) The minimum size for black sea bass is 11 inches (27.94 cm) 
total length for all vessels issued a moratorium permit under Sec. 
648.4 (a)(7) that fish for, possess, land or retain black sea bass in or 
from U.S. waters of the western Atlantic Ocean from 35[min] 15.3 N. 
Lat., the latitude of Cape Hatteras Light, North Carolina, northward to 
the U.S.-Canadian border. The minimum size may be adjusted for 
commercial vessels pursuant to the procedures in Sec. 648.140.
    (b) The minimum fish size for black sea bass is 12.5 inches (31.75 
cm) TL for all vessels that do not qualify for a moratorium permit, and 
for party boats holding a moratorium permit, if fishing with passengers 
for hire or carrying more than five crew members, and for charter boats 
holding a moratorium permit, if fishing with more than three crew 
members.
    (c) The minimum size in this section applies to the whole fish or 
any part of a fish found in possession (e.g., fillets), except that 
party or charter vessels possessing valid state permits authorizing 
filleting at sea may possess fillets smaller than the size specified if 
skin remains on the fillet and all other state requirements are met.

[61 FR 58467, Nov. 15, 1996, as amended at 63 FR 27868, May 21, 1998; 66 
FR 39292, July 30, 2001; 66 FR 66357, Dec. 26, 2001; 67 FR 50373, Aug. 
2, 2002; 68 FR 44236, July 28, 2003; 74 FR 30011, June 24, 2009]



Sec. 648.144  Gear restrictions.

    (a) Trawl gear restrictions--(1) General. (i) Otter trawlers whose 
owners are issued a black sea bass moratorium permit and that land or 
possess 500 lb (226.8 kg) or more of black sea bass from January 1 
through March 31, or 100 lb (45.4 kg) or more of black sea bass from 
April 1 through December 31, must fish with nets that have a minimum 
mesh size of 4.5 inch (11.43-cm) diamond mesh applied throughout the 
codend for at least 75 continuous meshes forward of the terminus of the 
net, or for codends with less than 75 meshes, the entire net must have a 
minimum mesh size of 4.5 inch (11.43-cm) diamond mesh throughout.
    (ii) Mesh sizes shall be measured pursuant to the procedure 
specified in Sec. 648.104(a)(2).
    (2) Net modifications. No vessel subject to this part shall use any 
device, gear, or material, including, but not limited to nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of the 
regulated portion of a trawl net; except that, one splitting strap and 
one bull rope (if present) consisting of line or rope no more than 3 
inches (7.6 cm) in diameter may be used if such splitting strap and/or 
bull rope does not constrict, in any manner, the top of the regulated 
portion of the net, and one rope no greater than 0.75 inches (1.9 cm) in 
diameter extending the length of the net from the belly to the terminus 
of the codend along the top, bottom, and each side of the net. ``Top of 
the regulated portion of the net'' means the 50 percent of the entire 
regulated portion of the net that (in a hypothetical situation) will not 
be in contact with the ocean bottom during a tow if the regulated 
portion of the net were laid flat on the ocean floor. For the purpose of 
this paragraph, head ropes shall not be considered part of the top of 
the regulated portion of a trawl net.
    (3) Mesh obstruction or constriction. (i) A fishing vessel may not 
use any mesh configuration, mesh construction, or other means on or in 
the top of the net, as defined in paragraph (a)(2) of this section, that 
obstructs the meshes of the net in any manner, or otherwise causes the 
size of the meshes of the net while in use to diminish to a size smaller 
than the minimum established pursuant to paragraph (a)(1)(i) of this 
section.

[[Page 670]]

    (ii) No person on any vessel may possess or fish with a net capable 
of catching black sea bass in which the bars entering or exiting the 
knots twist around each other.
    (4) Stowage of nets. Otter trawl vessels subject to the minimum 
mesh-size requirement of paragraph (a)(1)(i) of this section may not 
have ``available for immediate use'' any net or any piece of net that 
does not meet the minimum mesh size requirement, or any net, or any 
piece of net, with mesh that is rigged in a manner that is inconsistent 
with the minimum mesh size requirement. A net that is stowed in 
conformance with one of the methods specified in Sec. 648.23(b) and 
that can be shown not to have been in recent use, is considered to be 
not ``available for immediate use.''
    (5) Roller gear. Rollers used in roller rig or rock hopper trawl 
gear shall be no larger than 18 inches (45.7 cm) in diameter.
    (b) Pot and trap gear restrictions--(1) Gear marking. The owner of a 
vessel issued a black sea bass moratorium permit must mark all black sea 
bass pots or traps with the vessel's USCG documentation number or state 
registration number.
    (2) All black sea bass traps or pots must have two escape vents 
placed in lower corners of the parlor portion of the pot or trap that 
each comply with one of the following minimum size requirements: 1.375 
inches by 5.75 inches (3.49 cm by 14.61 cm); a circular vent of 2.5 
inches (6.4 cm) in diameter; or a square vent with sides of 2 inches 
(5.1 cm), inside measure; however, black sea bass traps constructed of 
wooden laths may have instead escape vents constructed by leaving spaces 
of at least 1.375 inches (3.49 cm) between two sets of laths in the 
parlor portion of the trap. These dimensions for escape vents and lath 
spacing may be adjusted pursuant to the procedures in Sec. 648.140.
    (3) Ghost panel. Black sea bass traps or pots must contain a ghost 
panel affixed to the trap or pot with degradable fasteners and hinges. 
The opening to be covered by the ghost panel must measure at least 3.0 
inches (7.62 cm) by 6.0 inches (15.24 cm). The ghost panel must be 
affixed to the pot or trap with hinges and fasteners made of one of the 
following degradable materials:
    (i) Untreated hemp, jute, or cotton string of 3/16 inches (4.8 mm) 
diameter or smaller; or
    (ii) Magnesium alloy, timed float releases (pop-up devices) or 
similar magnesium alloy fasteners; or
    (iii) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm) 
diameter or smaller.

[61 FR 58467, Nov. 15, 1996, as amended at 62 FR 25138, May 8, 1997; 62 
FR 66310, Dec. 18, 1997; 66 FR 66357, Dec. 26, 2001; 70 FR 77067, Dec. 
29, 2005 ]



Sec. 648.145  Possession limit.

    (a) No person shall possess more than 25 black sea bass in, or 
harvested from the EEZ unless that person is the owner or operator of a 
fishing vessel issued a black sea bass moratorium permit, or is issued a 
black sea bass dealer permit. Persons aboard a commercial vessel that is 
not eligible for a black sea bass moratorium permit are subject to this 
possession limit. The owner, operator, and crew of a charter or party 
boat issued a black sea bass moratorium permit are subject to the 
possession limit when carrying passengers for hire or when carrying more 
than five crew members for a party boat, or more than three crew members 
for a charter boat. This possession limit may be adjusted pursuant to 
the procedures in Sec. 648.140.
    (b) If whole black sea bass are processed into fillets, an 
authorized officer will convert the number of fillets to whole black sea 
bass at the place of landing by dividing fillet number by two. If black 
sea bass are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole black sea bass.
    (c) Black sea bass harvested by vessels subject to the possession 
limit with more than one person aboard may be pooled in one or more 
containers. Compliance with the daily possession limit will be 
determined by dividing the number of black sea bass on board by the 
number of persons aboard, other than the captain and the crew. If there 
is a violation of the possession limit on board a vessel carrying more 
than one person, the violation shall be deemed

[[Page 671]]

to have been committed by the owner and operator.
    (d) Owners or operators of otter trawl vessels issued a moratorium 
permit under Sec. 648.4 (a)(7) and fishing with, or possessing on 
board, nets or pieces of net that do not meet the minimum mesh 
requirements specified in Sec. 648.144(a) and that are not stowed in 
accordance with Sec. 648.144 (a)(4), may not retain more than 500 lb 
(226.8 kg) of black sea bass from January 1 through March 31, or more 
than 100 lb (45.4 kg) of black sea bass from April 1 through December 
31. Black sea bass on board these vessels shall be stored so as to be 
readily available for inspection in a standard 100-lb (45.4 kg) tote.

[61 FR 58467, Nov. 15, 1996, as amended at 63 FR 11160, Mar. 6, 1998; 66 
FR 39292, July 30, 2001; 66 FR 66358, Dec. 26, 2001]



Sec. 648.146  Special management zones.

    The recipient of a Corps of Engineers permit for an artificial reef, 
fish attraction device, or other modification of habitat for purposes of 
fishing may request that an area surrounding and including the site be 
designated by the Council as a special management zone (SMZ). The SMZ 
will prohibit or restrain the use of specific types of fishing gear that 
are not compatible with the intent of the artificial reef or fish 
attraction device or other habitat modification. The establishment of an 
SMZ will be effected by a regulatory amendment pursuant to the following 
procedure:
    (a) A SMZ monitoring team comprised of members of staff from the 
Mid-Atlantic FMC, NMFS Northeast Region, and NMFS Northeast Fisheries 
Science Center will evaluate the request in the form of a written report 
considering the following criteria:
    (1) Fairness and equity.
    (2) Promotion of conservation.
    (3) Avoidance of excessive shares.
    (4) Consistency with the objectives of Amendment 9 to the Fishery 
Management Plan for the Summer Flounder, Scup and Black Sea Bass 
fisheries, the Magnuson-Stevens Act, and other applicable law.
    (5) The natural bottom in and surrounding potential SMZs.
    (6) Impacts on historical uses.
    (b) The Council Chairman may schedule meetings of Industry Advisors 
and/or the Scientific and Statistical Committee to review the report and 
associated documents and to advise the Council. The Council Chairman may 
also schedule public hearings.
    (c) The Council, following review of the SMZ monitoring teams's 
report, supporting data, public comments, and other relevant 
information, may recommend to the Regional Administrator that a SMZ be 
approved. Such a recommendation will be accompanied by all relevant 
background information.
    (d) The Regional Administrator will review the Council's 
recommendation. If the Regional Administrator concurs in the 
recommendation, he or she will publish a proposed rule in the Federal 
Register in accordance with the recommendations. If the Regional 
Administrator rejects the Council's recommendation, he or she shall 
advise the Council in writing of the basis for the rejection.
    (e) The proposed rule shall afford a reasonable period for public 
comment. Following a review of public comments and any information or 
data not previously available, the Regional Administrator will publish a 
final rule if he or she determines that the establishment of the SMZ is 
supported by the substantial weight of evidence in the administrative 
record and consistent with the Magnuson-Stevens Act and other applicable 
law.



Sec. 648.147  Framework adjustments to management measures.

    (a) Within season management action. See Sec. 648.108(a).
    (1) Adjustment process. See Sec. 648.108(a)(1).
    (2) Council recommendation. See Sec. 648.108(a)(2)(i) through (iv).
    (3) Regional Administrator action. See Sec. 648.108(a)(i) through 
(iii).
    (4) Emergency actions. See Sec. 648.108(a)(4).
    (b) [Reserved]

[64 FR 57595, Oct. 26, 1999, as amended at 64 FR 66587, Nov. 29, 1999]

[[Page 672]]



     Subpart J_Management Measures for the Atlantic Bluefish Fishery

    Source: 65 FR 45852, July 26, 2000, unless otherwise noted.



Sec. 648.160  Catch quotas and other restrictions.

    The fishing year is from January 1 through December 31.
    (a) Annual review. On or before August 15 of each year, the Bluefish 
Monitoring Committee will meet to determine the total allowable level of 
landings (TAL) and other restrictions necessary to achieve the target 
fishing mortality rate (F) specified in the Fishery Management Plan for 
Atlantic Bluefish for the upcoming fishing year or the estimated F for 
the fishing year preceding the Council submission of the recommended 
specifications, whichever F is lower. In determining the TAL and other 
restrictions necessary to achieve the specified F, the Bluefish 
Monitoring Committee will review the following data, subject to 
availability: Commercial, recreational, and research catch data; current 
estimates of fishing mortality; stock status; recent estimates of 
recruitment; virtual population analysis results; levels of 
noncompliance by fishermen or individual states; impact of size/mesh 
regulations; discards; sea sampling data; impact of gear other than 
otter trawls and gill nets on the mortality of bluefish; and any other 
relevant information.
    (b) Recommended measures. Based on the annual review and requests 
for research quota as described in paragraph (h) of this section, the 
Bluefish Monitoring Committee shall recommend to the Coastal Migratory 
Committee of the Council and the Commission the following measures to 
ensure that the F specified in paragraph (a) of this section will not be 
exceeded:
    (1) A TAL set from a range of 0 to the maximum allowed to achieve 
the specified F.
    (2) Research quota set from a range of 0 to 3 percent of TAL.
    (3) Commercial minimum fish size.
    (4) Minimum mesh size.
    (5) Recreational possession limit set from a range of 0 to 20 
bluefish to achieve the specified F.
    (6) Recreational minimum fish size.
    (7) Recreational season.
    (8) Restrictions on gear other than otter trawls and gill nets.
    (9) Changes, as appropriate, to the Northeast Region SBRM, including 
the CV-based performance standard, fishery stratification, and/or 
reports.
    (c) Allocation of TAL--(1) Recreational harvest limit. A total of 83 
percent of the TAL will be allocated to the recreational fishery as a 
harvest limit. If research quota is specified as described in paragraph 
(h) of this section, the recreational harvest limit will be based on the 
TAL remaining after the deduction of the research quota.
    (2) Commercial quota. A total of 17 percent of the TAL will be 
allocated to the commercial fishery as a quota. If 17 percent of the TAL 
is less than 10.5 million lb (4.8 million kg) and the recreational 
fishery is not projected to land its harvest limit for the upcoming 
year, the commercial fishery may be allocated up to 10.5 million lb (4.8 
million kg) as its quota, provided that the combination of the projected 
recreational landings and the commercial quota does not exceed the TAL. 
If research quota is specified as described in paragraph (h) of this 
section, the commercial quota will be based on the TAL remaining after 
the deduction of the research quota.
    (d) Annual fishing measures. The Council's Coastal Migratory 
Committee shall review the recommendations of the Bluefish Monitoring 
Committee. Based on these recommendations and any public comment, the 
Coastal Migratory Committee shall recommend to the Council measures 
necessary to ensure that the applicable specified F will not be 
exceeded. The Council shall review these recommendations and, based on 
the recommendations and any public comment, recommend to the Regional 
Administrator by September 1 measures necessary to ensure that the 
applicable specified F will not be exceeded. The Council's 
recommendations must include supporting documentation, as appropriate, 
concerning the environmental, economic, and social impacts

[[Page 673]]

of the recommendations. The Regional Administrator shall review these 
recommendations and any recommendations of the Commission. After such 
review, NMFS will publish a proposed rule in the Federal Register on or 
about October 15, to implement a research quota, a coastwide commercial 
quota, a recreational harvest limit, and additional management measures 
for the commercial and recreational fisheries to ensure that the 
applicable specified F will not be exceeded. After considering public 
comment, NMFS will publish a final rule in the Federal Register.
    (e) Distribution of annual commercial quota. (1) The annual 
commercial quota will be distributed to the states, based upon the 
following percentages:

                     Annual Commercial Quota Shares
------------------------------------------------------------------------
                        State                              Percentage
------------------------------------------------------------------------
ME...................................................             0.6685
NH...................................................             0.4145
MA...................................................             6.7167
RI...................................................             6.8081
CT...................................................             1.2663
NY...................................................            10.3851
NJ...................................................            14.8162
DE...................................................             1.8782
MD...................................................             3.0018
VA...................................................            11.8795
NC...................................................            32.0608
SC...................................................             0.0352
GA...................................................             0.0095
FL...................................................            10.0597
TOTAL................................................          100.0000
------------------------------------------------------------------------
Note: The ``Total'' does not actually add up to 100.0000 because of
  rounding error.

    (2) All bluefish landed for sale in a state shall be applied against 
that state's annual commercial quota, regardless of where the bluefish 
were harvested. Any overages of the commercial quota landed in any state 
will be deducted from that state's annual quota for the following year.
    (f) Quota transfers and combinations. Any state implementing a state 
commercial quota for bluefish may request approval from the Regional 
Administrator to transfer part or all of its annual quota to one or more 
states. Two or more states implementing a state commercial quota for 
bluefish may request approval from the Regional Administrator to combine 
their quotas, or part of their quotas, into an overall regional quota. 
Requests for transfer or combination of commercial quotas for bluefish 
must be made by individual or joint letter(s) 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(s) must certify that all pertinent state 
requirements have been met and identify the states involved and the 
amount of quota to be transferred or combined.
    (1) Within 10 working days following the receipt of the letter(s) 
from the states involved, the Regional Administrator shall notify the 
appropriate state officials of the disposition of the request. In 
evaluating requests to transfer a quota or combine quotas, the Regional 
Administrator shall consider whether:
    (i) The transfer or combination would preclude the overall annual 
quota from being fully harvested.
    (ii) The transfer addresses an unforeseen variation or contingency 
in the fishery.
    (iii) The transfer is consistent with the objectives of the Bluefish 
FMP and Magnuson-Stevens Act.
    (2) The transfer of quota or the combination of quotas will be valid 
only for the calendar year for which the request was made.
    (3) A state may not submit a request to transfer quota or combine 
quotas if a request to which it is party is pending before the Regional 
Administrator. A state may submit a new request when it receives 
notification that the Regional Administrator has disapproved the 
previous request or when notification of the approval of the transfer or 
combination has been published in the Federal Register.
    (4) If there is a quota overage among states involved in the 
combination of quotas at the end of the fishing year, the overage will 
be deducted from the following year's quota for each of the states 
involved in the combined quota. The deduction will be proportional, 
based on each state's relative share of the combined quota for the 
previous year. A transfer of quota or combination of quotas does not 
alter any state's percentage share of the overall quota specified in 
paragraph (e)(1) of this section.

[[Page 674]]

    (g) Based upon any changes in the landings data available from the 
states for the base years 1981-89, the Commission and the Council may 
recommend to the Regional Administrator that the states' shares 
specified in paragraph (e)(1) of this section be revised. The Council's 
and the Commission's recommendation must include supporting 
documentation, as appropriate, concerning the environmental and economic 
impacts of the recommendation. The Regional Administrator shall review 
the recommendation of the Commission and the Council. After such review, 
NMFS will publish a proposed rule in the Federal Register to implement a 
revision in the state shares. After considering public comment, NMFS 
will publish a final rule in the Federal Register to implement the 
changes in allocation.
    (h) Research quota. See Sec. 648.21(g).

[65 FR 45852, July 26, 2000, as amended at 66 FR 42162, Aug. 10, 2001; 
70 FR 53970, Sept. 13, 2005; 73 FR 4756, Jan. 28, 2008]



Sec. 648.161  Closures.

    (a) EEZ closure. NMFS shall close the EEZ to fishing for bluefish by 
commercial vessels for the remainder of the calendar year by publishing 
notification in the Federal Register if the Regional Administrator 
determines that the inaction of one or more states will cause the 
applicable F specified in Sec. 648.160(a) to be exceeded, or if the 
commercial fisheries in all states have been closed. NMFS may reopen the 
EEZ if earlier inaction by a state has been remedied by that state, or 
if commercial fisheries in one or more states have been reopened without 
causing the applicable specified F to be exceeded.
    (b) State quotas. The Regional Administrator will monitor state 
commercial quotas based on dealer reports and other available 
information and shall determine the date when a state commercial quota 
will be harvested. NMFS shall publish notification in the Federal 
Register advising a state that, effective upon a specific date, its 
commercial quota has been harvested and notifying vessel and dealer 
permit holders that no commercial quota is available for landing 
bluefish in that state.



Sec. 648.162  Minimum fish sizes.

    If the Council determines through its annual review or framework 
adjustment process that minimum fish sizes are necessary to assure that 
the fishing mortality rate is not exceeded, or to attain other FMP 
objective, such measures will be enacted through the procedure specified 
in Sec. 648.160(d) or 648.165.



Sec. 648.163  Gear restrictions.

    If the Council determines through its annual review or framework 
adjustment process that gear restrictions are necessary to assure that 
the fishing mortality rate is not exceeded, or to attain other FMP 
objectives, such measures will be enacted through the procedure 
specified in Sec. Sec. 648.160(d) or 648.165.



Sec. 648.164  Possession restrictions.

    (a) No person shall possess more than 15 bluefish in, or harvested 
from, the EEZ unless that person is the owner or operator of a fishing 
vessel issued a bluefish commercial permit or is issued a bluefish 
dealer permit. Persons aboard a vessel that is not issued a bluefish 
commercial permit are subject to this possession limit. The owner, 
operator, and crew of a charter or party boat issued a bluefish 
commercial permit are not subject to the possession limit when not 
carrying passengers for hire and when the crew size does not exceed five 
for a party boat and three for a charter boat.
    (b) Bluefish harvested by vessels subject to the possession limit 
with more than one person on board may be pooled in one or more 
containers. Compliance with the daily possession limit will be 
determined by dividing the number of bluefish on board by the number of 
persons on board, other than the captain and the crew. If there is a 
violation of the possession limit on board a vessel carrying more than 
one person, the violation shall be deemed to have been committed by the 
owner and operator.

[65 FR 45852, July 26, 2000, as amended at 66 FR 23627, May 9, 2001]



Sec. 648.165  Framework specifications.

    (a) Within season management action. The Council may, at any time, 
initiate

[[Page 675]]

action to add or adjust management measures if it finds that action is 
necessary to meet or be consistent with the goals and objectives of the 
Bluefish FMP.
    (1) Adjustment process. After a management action has been 
initiated, the Council shall develop and analyze appropriate management 
actions over the span of at least two Council meetings. The Council 
shall provide the public with advance notice of the availability of both 
the proposals and the analysis and the opportunity to comment on them 
prior to and at the second Council meeting. The Council's recommendation 
on adjustments or additions to management measures must come from one or 
more of the following categories: Minimum fish size, maximum fish size, 
gear restrictions, gear requirements or prohibitions, permitting 
restrictions, recreational possession limit, recreational season, closed 
areas, commercial season, description and identification of essential 
fish habitat (EFH), fishing gear management measures to protect EFH, 
designation of habitat areas of particular concern within EFH, changes 
to the Northeast Region SBRM (including the CV-based performance 
standard, the means by which discard data are collected/obtained, 
fishery stratification, reports and/or industry-funded observers or 
observer set-aside programs), and any other management measures 
currently included in the FMP.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule. If the 
Council recommends that the management measures should be issued as a 
final rule, the Council must consider at least the following factors and 
provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource; 
and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) Action by NMFS. If the Council's recommendation includes 
adjustments or additions to management measures and, after reviewing the 
Council's recommendation and supporting information:
    (i) If NMFS concurs with the Council's recommended management 
measures and determines that the recommended management measures should 
be issued as a final rule based on the factors specified in paragraph 
(a)(2) of this section, the measures will be issued as a final rule in 
the Federal Register.
    (ii) If NMFS concurs with the Council's recommendation and 
determines that the recommended management measures should be published 
first as a proposed rule, the measures will be published as a proposed 
rule in the Federal Register. After additional public comment, if NMFS 
concurs with the Council's recommendation, the measures will be issued 
as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Council will be notified in 
writing of the reasons for the non-concurrence.
    (b) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[65 FR 45852, July 26, 2000, as amended at 73 FR 4756, Jan. 28, 2008]

[[Page 676]]



     Subpart K_Management Measures for the Atlantic Herring Fishery

    Source: 72 FR 11277, Mar. 12, 2007, unless otherwise noted.



Sec. 648.200  Specifications.

    (a) The Atlantic Herring Plan Development Team (PDT) shall meet at 
least every 3 years, but no later than July of the year before new 
specifications are implemented, with the Atlantic States Marine 
Fisheries Commission's (Commission) Atlantic Herring Plan Review Team 
(PRT) to develop and recommend the following specifications for a period 
of 3 years for consideration by the New England Fishery Management 
Council's Atlantic Herring Oversight Committee: Optimum yield (OY), 
domestic annual harvest (DAH), domestic annual processing (DAP), total 
foreign processing (JVPt), joint venture processing (JVP), internal 
waters processing (IWP), U.S. at-sea processing (USAP), border transfer 
(BT), total allowable level of foreign fishing (TALFF), reserve (if 
any), and the amount to be set aside for the RSA (from 0 to 3 percent of 
the TAC from any management area). The PDT and PRT shall also recommend 
the total allowable catch (TAC) for each management area and sub-area, 
including seasonal quotas as specified at Sec. 648.201(f). Recommended 
specifications shall be presented to the New England Fishery Management 
Council (Council).
    (1) The PDT shall meet with the Commission's PRT to review the 
status of the stock and the fishery and prepare a Stock Assessment and 
Fishery Evaluation (SAFE) report at least every 3 years. The Herring PDT 
will meet at least once during interim years to review the status of the 
stock relative to the overfishing definition if information is available 
to do so. When conducting a 3-year review and preparing a SAFE Report, 
the PDT/PRT will recommend to the Council/Commission any necessary 
adjustments to the specifications for the upcoming 3 years.
    (2) If the Council determines, based on information provided by the 
PDT/PRT or other stock-related information, that the specifications 
should be adjusted during the 3-year time period, it can do so through 
the same process outlined in this section during one or both of the 
interim years.
    (b) Guidelines. As the basis for its recommendations under paragraph 
(a) of this section, the PDT shall review available data pertaining to: 
Commercial and recreational catch data; current estimates of fishing 
mortality; discards; stock status; recent estimates of recruitment; 
virtual population analysis results and other estimates of stock size; 
sea sampling and trawl survey data or, if sea sampling data are 
unavailable, length frequency information from trawl surveys; impact of 
other fisheries on herring mortality; and any other relevant 
information. The specifications recommended pursuant to paragraph (a) of 
this section must be consistent with the following:
    (1) OY must be equal to or less than the allowable biological catch 
(ABC), as adjusted by subtracting an estimate of the expected Canadian 
New Brunswick fixed gear and GB herring catch.
    (2) OY must not exceed MSY, unless an OY that exceeds MSY in a 
specific year is consistent with a control rule that ensures the 
achievement of MSY and OY on a continuing basis.
    (3) Factors to be considered in assigning an amount, if any, to the 
reserve shall include:
    (i) Uncertainty and variability in the estimates of stock size and 
ABC;
    (ii) Uncertainty in the estimates of Canadian harvest from the 
coastal stock complex;
    (iii) The requirement to insure the availability of herring to 
provide controlled opportunities for vessels in other fisheries in the 
Mid-Atlantic and New England;
    (iv) Excess U.S. harvesting capacity available to enter the herring 
fishery;
    (v) Total world export potential by herring producer countries;
    (vi) Total world import demand by herring consuming countries;
    (vii) U.S. export potential based on expected U.S. harvests, 
expected U.S. consumption, relative prices, exchange rates, and foreign 
trade barriers;
    (viii) Increased/decreased revenues to U.S. harvesters (with/without 
joint ventures);

[[Page 677]]

    (ix) Increased/decreased revenues to U.S. processors and exporters; 
and
    (x) Increased/decreased U.S. processing productivity.
    (4) Adjustments to TALFF, if any, shall be made based on updated 
information relating to status of stocks, estimated and actual 
performance of domestic and foreign fleets, and other relevant factors.
    (c) The Atlantic Herring Oversight Committee shall review the 
recommendations of the PDT and shall consult with the Commission's 
Herring Section. Based on these recommendations and any public comment 
received, the Herring Oversight Committee shall recommend to the Council 
appropriate specifications for a 3-year period. The Council shall review 
these recommendations and, after considering public comment, shall 
recommend appropriate 3-year specifications to NMFS. NMFS shall review 
the recommendations, consider any comments received from the Commission, 
and publish notification in the Federal Register proposing 3-year 
specifications. If the proposed specifications differ from those 
recommended by the Council, the reasons for any differences shall be 
clearly stated and the revised specifications must satisfy the criteria 
set forth in paragraph (b) of this section.
    (d) NMFS shall make a final determination concerning the 
specifications for Atlantic herring. Notification of the final 
specifications and responses to public comments shall be published in 
the Federal Register. If the final specification amounts differ from 
those recommended by the Council, the reason(s) for the difference(s) 
must be clearly stated and the revised specifications must be consistent 
with the criteria set forth in paragraph (b) of this section. The 
previous year's specifications shall remain effective until they are 
revised through the specification process.
    (e) In-season adjustments. (1) The specifications and TACs 
established pursuant to this section may be adjusted by NMFS, after 
consulting with the Council, during the fishing year by publishing 
notification in the Federal Register stating the reasons for such action 
and providing an opportunity for prior public comment. Any adjustments 
must be consistent with the Atlantic Herring FMP objectives and other 
FMP provisions.
    (2) If a total allowable catch reserve (TAC reserve) is specified 
for an area, NMFS may make any or all of that TAC reserve available to 
fishers after consulting with the Council. NMFS shall propose any 
release of the TAC reserve in the Federal Register and provide an 
opportunity for public comment. After considering any comments received, 
any release of the TAC reserve shall be announced through notification 
in the Federal Register.
    (f) Management areas. The specifications process establishes TACs 
and other management measures for the three management areas, which may 
have different management measures. Management Area 1 is subdivided into 
inshore and offshore sub-areas. The management areas are defined as 
follows:
    (1) Management Area 1 (Gulf of Maine): All U.S. waters of the Gulf 
of Maine (GOM) north of a line extending from a point at 70[deg]00[min] 
W. long. and 41[deg]39[min] N. to 42[deg]53[min]14[sec] N. lat., 67[deg] 
44[min]35[sec] W. long., thence northerly along the Hague Line to the 
U.S.-Canadian border, to include state and Federal waters adjacent to 
the States of Maine, New Hampshire, and Massachusetts. Management Area 1 
is divided into Area 1A (inshore) and Area 1B (offshore). The line 
dividing these areas is described by the following coordinates:

------------------------------------------------------------------------
                   Point                     N. lat.       W. long.
------------------------------------------------------------------------
                  1                         41[deg]5    70[deg] 00[min]
                                             8[min]
                  2                         42[deg]3    70[deg] 00[min]
                                             8[min]
                  3                         42[deg]5    69[deg] 40[min]
                                             3[min]
                  4                         43[deg]1    69[deg] 00[min]
                                             2[min]
                  5                         43[deg]4    68[deg] 00[min]
                                             0[min]
                  6                         43[deg]5            67[deg]
                                             8[min]   22[min](the U.S.-
                                                                       Canada Maritime
                                                              Boundary)
------------------------------------------------------------------------

    (2) Management Area 2 (South Coastal Area): All waters west of 
70[deg] 00[min] W . long., south of 41[deg]39[min] N. lat., to include 
state and Federal waters adjacent to the States of Massachusetts, Rhode 
Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, 
and North Carolina.
    (3) Management Area 3 (Georges Bank): All U.S. waters east of 
70[deg]00[min] W. long. and southeast of the line that runs

[[Page 678]]

from a point at 70[deg]00[min] W. long. and 41[deg]39[min] N. lat., 
northeasterly to the Hague Line at 42[deg]53[min]14[sec] N. lat., 
67[deg]44[min]35[sec] W. long.

[72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008]



Sec. 648.201  Closures and TAC controls.

    (a) If NMFS determines that catch will reach 95 percent of the 
annual TAC allocated to a management area before the end of the fishing 
year, or 95 percent of the Area 1A TAC allocated to the first seasonal 
period as set forth in paragraph (f) of this section, NMFS shall 
prohibit vessels, beginning the date the catch is projected to reach 95 
percent of the TAC, from fishing for, possessing, catching, 
transferring, or landing 2,000 lb (907.2 kg) of Atlantic 
herring per trip and/or 2,000 lb (907.2 kg) of Atlantic 
herring per day in such area pursuant to paragraph (e) of this section, 
except as provided in paragraphs (c) and (d) of this section. These 
limits shall be enforced based on a calendar day, without regard to the 
length of the trip.
    (b) The percent of the TAC that triggers imposition of the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section may be 
adjusted through the specification process described in Sec. 648.200. 
Any lowering of the percent of the TAC that triggers the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section must be 
accomplished through the framework adjustment or amendment processes.
    (c) A vessel may transit an area that is limited to the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section with 
 2,000 lb (907.2 kg) of herring on board, provided such 
herring were caught in an area or areas not subject to the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section, and that 
all fishing gear is stowed and not available for immediate use as 
required by Sec. 648.23(b), and provided the vessel is issued a vessel 
permit appropriate to the amount of herring on board and the area where 
the herring was harvested.
    (d) A vessel may land in an area that is limited to the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section with 
 2,000 lb (907.2 kg) of herring on board, provided such 
herring were caught in an area or areas not subject to the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section, and that 
all fishing gear is stowed and not available for immediate use as 
required by Sec. 648.23(b), and provided the vessel is issued a vessel 
permit appropriate to the amount of herring on board and the area where 
the herring was harvested.
    (e) NMFS shall implement fishing restrictions as specified in 
paragraph (a) of this section by publication of a notification in the 
Federal Register, without further opportunity for public comment.
    (f) The TAC for Management Area 1A is divided into two seasonal 
periods. The first season extends from January 1 through May 31, and the 
second season extends from June 1 through December 31. Seasonal TACs for 
Area 1A, including the specification of the seasonal periods, shall be 
set through the annual specification process described in Sec. 648.200.
    (g) Up to 500 mt of the Area 1A TAC shall be allocated for the fixed 
gear fisheries in Area 1A (weirs and stop seines) that occur west of 
44[deg] 36.2 N. Lat. and 67[deg] 16.8 W. long (Cutler, Maine). This set-
aside shall be available for harvest by fixed gear within the specified 
area until November 1 of each fishing year. Any portion of this 
allocation that has not been utilized by November 1 shall be restored to 
the TAC allocation for Area 1A.



Sec. 648.202  Season and area restrictions.

    (a) Purse Seine/Fixed Gear Only Area. Vessels fishing for Atlantic 
herring may not use, deploy, or fish with midwater trawl gear in Area 1A 
from June 1 September 30 of each fishing year. A limited access herring 
vessel with midwater trawl gear on board may transit Area 1A from June 
1-September 30, provided such midwater trawl gear is stowed pursuant to 
Sec. 648.23(b). Vessels may use any authorized gear type to harvest 
herring in Area 1A from October 1 - May 31.
    (b) [Reserved]



Sec. 648.203  Gear restrictions.

    (a) Midwater trawl gear may only be used by a vessel issued a valid 
herring permit in the GOM/GB Exemption Area

[[Page 679]]

as defined in Sec. 648.80(a)(17), and in the Nantucket Lightship Area 
as described in Sec. 648.81(c)(1), provided it complies with the 
midwater trawl gear exemption requirements specified under the NE 
multispecies regulations at Sec. 648.80(d), including issuance of a 
Letter of Authorization.
    (b) Purse seine gear may only be used by a vessel issued a valid 
herring permit in the GOM/GB Exemption Area as defined in Sec. 
648.80(a)(17), provided it complies with the purse seine exemption 
requirements specified under the NE multispecies requirements at Sec. 
648.80(e), including issuance of a Letter of Authorization.



Sec. 648.204  Possession restrictions.

    (a) A vessel must be issued a valid limited access herring permit to 
fish for, possess, or land more than 6,600 lb (3 mt) of Atlantic herring 
from or in the EEZ from any herring management area, provided that the 
area has not been closed due to the attainment of 95 percent of the TAC 
allocated to the area, as specified in Sec. 648.201.
    (1) A vessel issued an All Areas Limited Access Herring Permit is 
authorized to fish for, possess, or land Atlantic herring with no 
possession restriction from any of the herring management areas defined 
in Sec. 648.200(f), provided that the area has not been closed due to 
the attainment of 95 percent of the TAC allocated to the area, as 
specified in Sec. 648.201.
    (2) A vessel issued only an Areas 2 and 3 Limited Access Herring 
Permit is authorized to fish for, possess, or land Atlantic herring with 
no possession restriction only from Area 2 or Area 3 as defined in Sec. 
648.200(f), provided that the area has not been closed due to the 
attainment of 95 percent of the TAC allocated to the area, as specified 
in Sec. 648.201. Such a vessel may fish in Area 1 only if issued an 
open access herring permit or a Limited Access Incidental Catch Herring 
Permit, and only as authorized by the respective permit.
    (3) A vessel issued a Limited Access Incidental Catch Herring Permit 
is authorized to fish for, possess, or land up to 55,000 lb (25 mt) of 
Atlantic herring in any calendar day, from any management area defined 
in Sec. 648.200(f), provided that the area has not been closed due to 
the attainment of 95 percent of the TAC allocated to the area.
    (4) A vessel issued an open access herring permit may not fish for, 
possess, or land more than 6,600 lb (3 mt) of Atlantic herring from any 
herring management area per trip and/or per calendar day, provided that 
the area has not been closed due to the attainment of 95 percent of the 
TAC allocated to the area, as specified in Sec. 648.201.
    (5) A vessel issued a herring permit may possess herring roe 
provided that the carcasses of the herring from which it came are not 
discarded at sea.
    (b) Both vessels involved in a pair trawl operation must be issued 
valid herring permits to fish for, possess, or land Atlantic herring 
harvested from any management area. Both vessels must be issued the 
herring permit appropriate for the amount of herring jointly possessed 
by both of the vessels participating in the pair trawl operation.



Sec. 648.205  VMS requirements.

    The owner or operator of any limited access herring vessel with the 
exception of fixed gear fishermen must install and operate a VMS unit 
consistent with the requirements of Sec. 648.9. The VMS unit must be 
installed on board, and must be operable before the vessel may begin 
fishing. Atlantic herring carrier vessels are not required to have VMS. 
At least 1 hr prior to leaving port, the owner or authorized 
representative of a herring vessel that is required to use VMS as 
specified in this section must notify the Regional Administrator by 
entering the appropriate VMS code that the vessel will be participating 
in the herring fishery. VMS codes and instructions are available from 
the Regional Administrator upon request.



Sec. 648.206  Framework provisions.

    (a) Framework adjustment process. In response to the triennial 
review, or at any other time, the Council may initiate action to add or 
adjust management measures if it finds that action is necessary to meet 
or be consistent with the goals and objectives of the Atlantic Herring 
FMP, or to address gear conflicts as defined under Sec. 600.10 of this 
chapter.

[[Page 680]]

    (1) Adjustment process. After a management action has been 
initiated, the Council shall develop and analyze appropriate management 
measures over the span of at least two Council meetings. The Council may 
delegate authority to the Herring Oversight Committee to conduct an 
initial review of the options being considered. The Oversight Committee 
shall review the options and relevant information, consider public 
comment, and make a recommendation to the Council.
    (2) After the first framework meeting, the Council may refer the 
issue back to the Herring Oversight Committee for further consideration, 
make adjustments to the measures that were proposed, or approve of the 
measures and begin developing the necessary documents to support the 
framework adjustments. If the Council approves the proposed framework 
adjustments, the Council shall identify, at this meeting, a preferred 
alternative and/or identify the possible alternatives.
    (3) A framework document shall be prepared that discusses and shows 
the impacts of the alternatives. It shall be available to the public 
prior to the second or final framework meeting.
    (4) After developing management actions and receiving public 
testimony, the Council shall make a recommendation to NMFS. The 
Council's recommendation must include supporting rationale and, if 
changes to the management measures are recommended, an analysis of 
impacts and a recommendation to NMFS on whether to issue the management 
measures as a final rule. If the Council recommends that the management 
measures should be issued as a final rule, the Council must consider at 
least the following factors and provide support and analysis for each 
factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (5) If the Council's recommendation to NMFS includes adjustments or 
additions to management measures, after reviewing the Council's 
recommendation and supporting information NMFS may:
    (i) Concur with the Council's recommended management measures and 
determine that the recommended management measures should be published 
as a final rule in the Federal Register based on the factors specified 
in paragraphs (c)(4)(i)-(iv) of this section.
    (ii) Concur with the Council's recommendation and determine that the 
recommended management measures should be first published as a proposed 
rule in the Federal Register. After additional public comment, if NMFS 
concurs with the Council's recommendation, the measures shall be issued 
as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Council shall be notified in 
writing of the reasons for the non-concurrence.
    (b) Possible framework adjustment measures. Measures that may be 
changed or implemented through framework action include:
    (1) Management area boundaries or additional management areas;
    (2) Size, timing, or location of new or existing spawning area 
closures;
    (3) Closed areas other than spawning closures;
    (4) Restrictions in the amount of fishing time;
    (5) A days-at-sea system;
    (6) Adjustments to specifications;
    (7) Adjustments to the Canadian catch deducted when determining 
specifications;
    (8) Distribution of the TAC;
    (9) Gear restrictions (such as mesh size, etc.) or requirements 
(such as bycatch-reduction devices, etc.);
    (10) Vessel size or horsepower restrictions;

[[Page 681]]

    (11) Closed seasons;
    (12) Minimum fish size;
    (13) Trip limits;
    (14) Seasonal, area, or industry sector quotas;
    (15) Measures to describe and identify essential fish habitat (EFH), 
fishing gear management measures to protect EFH, and designation of 
habitat areas of particular concern within EFH;
    (16) Measures to facilitate aquaculture, such as minimum fish sizes, 
gear restrictions, minimum mesh sizes, possession limits, tagging 
requirements, monitoring requirements, reporting requirements, permit 
restrictions, area closures, establishment of special management areas 
or zones, and any other measures included in the FMP;
    (17) Changes to the overfishing definition;
    (18) Vessel monitoring system requirements;
    (19) Limits or restrictions on the harvest of herring for specific 
uses;
    (20) Quota monitoring tools, such as vessel, operator, or dealer 
reporting requirements;
    (21) Permit and vessel upgrading restrictions;
    (22) Implementation of measures to reduce gear conflicts, such as 
mandatory monitoring of a radio channel by fishing vessels, gear 
location reporting by fixed gear fishermen, mandatory plotting of gear 
by mobile fishermen, standards of operation when conflict occurs, fixed 
gear marking or setting practices; gear restrictions for certain areas, 
vessel monitoring systems, restrictions on the maximum number of fishing 
vessels, and special permitting conditions;
    (23) Limited entry or controlled access system;
    (24) Specification of the amount of herring to be used for roe
    (25) In-season adjustments to TACs;
    (26) Measures to address bycatch and bycatch monitoring;
    (27) Requirements for a herring processor survey;
    (28) TAC set-aside amounts, provisions, adjustments;
    (29) Changes, as appropriate, to the Northeast Region SBRM, 
including the CV-based performance standard, the means by which discard 
data are collected/obtained, fishery stratification, reports, and/or 
industry-funded observers or observer set-aside programs; and
    (30) Any other measure currently included in the FMP.
    (c) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008]



Sec. 648.207  Herring Research Set-Aside (RSA).

    (a) NMFS shall publish a Request for Proposals (RFP) in the Federal 
Register, consistent with procedures and requirements established by 
NMFS, to solicit proposals from industry for the upcoming 3 fishing 
years, based on research priorities identified by the Council.
    (b) Proposals submitted in response to the RFP must include the 
following information, as well as any other specific information 
required within the RFP: A project summary that includes the project 
goals and objectives, the relationship of the proposed research to 
herring research priorities and/or management needs, project design, 
participants other than the applicant, funding needs, breakdown of 
costs, and the vessel(s) for which authorization is requested to conduct 
research activities.
    (c) NMFS shall convene a review panel, including technical experts, 
to review proposals submitted in response to the RFP. Each panel member 
shall recommend which research proposals should be authorized to utilize 
RSA, based on the selection criteria described in the RFP.
    (d) NMFS shall consider each panel member's recommendation, provide 
final approval of the projects and the Regional Administrator may, when 
appropriate, exempt selected vessel(s) from regulations specified in 
each of the respective FMPs through written notification to the project 
proponent.
    (e) The grant awards approved under the RFPs shall be for the 
upcoming 3 fishing years, unless the Council identifies new/different 
research priorities during the interim years and decides to publish a 
second RFP. Proposals to fund research that would start prior to,

[[Page 682]]

or that would end after the fishing year, are not eligible for 
consideration. The RSA must be utilized in the same fishing year in 
which it was distributed (i.e., RSA and compensation trips cannot be 
rolled over into future years). However, the money generated from the 
RSA may be rolled over into, or used to fund research in future years, 
consistent with the multi-year proposal.
    (f) Whenever possible, research proposals shall be reviewed and 
approved prior to the publication of final quota specifications for the 
upcoming fishing years. In the event that the approved proposals do not 
make use of any or all of the set-asides, the unutilized portion of the 
set-aside shall be reallocated back to its respective management area(s) 
when the final specifications are published. If there is unutilized set-
aside available, NMFS, at the request of the Council, could publish 
another RFP for either the second or third years of the 3-year 
specifications. In this case, NMFS shall release the unutilized portion 
of the RSA back to its respective management area(s) for the first year 
of the specifications and any other year that yields unutilized set-
aside after an additional RFP is published. The Council also may decide 
not to publish another RFP, in which case NMFS may release the 
unutilized portion of the set-aside back to its respective management 
area(s) for all 3 fishing years covered by the specifications.
    (g) If a proposal is approved, but a final award is not made by 
NMFS, or if NMFS determines that the allocated RSA cannot be utilized by 
a project, NMFS shall reallocate the unallocated or unused amount of the 
RSA to the respective TAC by publication of a notice in the Federal 
Register in compliance with the Administrative Procedure Act, provided 
that the RSA can be available for harvest before the end of the fishing 
year for which the RSA is specified.
    (h) Any RSA reallocated under paragraphs (f) and (g) of this section 
may not be used solely as compensation for research.
    (i) Researchers may apply for the use of more than one herring RAS 
allocation for individual research projects, and may request that the 
set-aside be collected separately from the research trip or as part of 
the research trip. The research compensation trips do not necessarily 
have to be conducted by the same vessel, but must be conducted in the 
management area from which the set-aside was derived.
    (j) No more than 50 percent of the allocated set-aside may be taken 
before the research begins. If a research project is terminated for any 
reason prior to completion, any funds collected from the catch sold to 
pay for research expenses must be refunded to U.S. Treasury.
    (k) NMFS shall provide authorization of the research activities to 
specific vessels by letter of acknowledgement, letter of authorization, 
or Exempted Fishing Permit issued by the Regional Administrator, which 
must be kept on board the vessel.
    (l) Upon completion of herring research projects approved under this 
part, researchers must provide the Council and NMFS with a report of 
research findings, which must include: A detailed description of methods 
of data collection and analysis; a discussion of results and any 
relevant conclusions presented in a format that is understandable to a 
non-technical audience; and a detailed final accounting of all funds 
used to conduct the herring research.



       Subpart L_Management Measures for the Spiny Dogfish Fishery

    Source: 65 FR 1570, Jan. 11, 2000, unless otherwise noted.



Sec. 648.230  Catch quotas and other restrictions.

    (a) Process for setting specifications. The Spiny Dogfish Monitoring 
Committee will review the following data at least every 5 years, subject 
to availability, to determine the total allowable level of landings 
(TAL) and other restrictions necessary to assure that a target fishing 
mortality rate specified in the Spiny Dogfish Fishery Management Plan 
will not be exceeded in each year for which TAL and any other

[[Page 683]]

measures are recommended: Commercial and recreational catch data; 
discards; current estimates of F; stock status; recent estimates of 
recruitment; virtual population analysis results; levels of 
noncompliance by fishermen or individual states; impact of size/mesh 
regulations; sea sampling data; impact of gear other than otter trawls 
and gill nets on the mortality of spiny dogfish; and any other relevant 
information.
    (b) Recommended measures. Based on this review, the Spiny Dogfish 
Monitoring Committee shall recommend to the Joint Spiny Dogfish 
Committee a commercial quota and any other measures including those in 
paragraphs (b)(1)-(b)(5) of this section that are necessary to assure 
that the F specified in paragraph (a) of this section will not be 
exceeded in any fishing year (May 1-April 30), for a period of 1-5 
fishing years. The quota may be set within the range of zero to the 
maximum allowed. The measures that may be recommended include, but are 
not limited to:
    (1) Minimum or maximum fish sizes;
    (2) Seasons;
    (3) Mesh size restrictions;
    (4) Trip limits;
    (5) Changes to the Northeast Region SBRM, including the CV-based 
performance standard, fishery stratification, and/or reports; or
    (6) Other gear restrictions.
    (c) Joint Spiny Dogfish Committee recommendation. The Councils' 
Joint Spiny Dogfish Committee shall review the recommendations of the 
Spiny Dogfish Monitoring Committee. Based on these recommendations and 
any public comments, the Joint Spiny Dogfish Committee shall recommend 
to the Councils a commercial quota and, possibly, other measures, 
including those specified in paragraph (b) of this section, necessary to 
assure that the F specified in paragraph (a) of this section will not be 
exceeded in any fishing year (May 1-April 30), for a period of 1-5 
fishing years. The commercial quota may be set within the range of zero 
to the maximum allowed.
    (d) Council recommendations. The Councils shall review these 
recommendations and, based on the recommendations and any public 
comments, recommend to the Regional Administrator a commercial quota and 
other measures necessary to assure that the F specified in paragraph (a) 
of this section will not be exceeded in any fishing year (May 1-April 
30), for a period of 1-5 fishing years. The Councils' recommendations 
must include supporting documentation, as appropriate, concerning the 
environmental, economic, and other impacts of the recommendations. The 
Regional Administrator shall initiate a review of these recommendations 
and may modify the recommended quota and other management measures to 
assure that the target F specified in paragraph (a) of this section will 
not be exceeded in any fishing year (May 1-April 30), for a period of 1-
5 fishing years. The Regional Administrator may modify the Councils' 
recommendations using any of the measures that were not rejected by both 
Councils. After such review, NMFS shall publish a proposed rule in the 
Federal Register specifying a coastwide commercial quota and other 
measures necessary to assure that the F specified in paragraph (a) of 
this section will not be exceeded in any fishing year (May 1-April 30), 
for a period of 1-5 fishing years. After considering public comments, 
NMFS shall publish a final rule in the Federal Register to implement 
such a quota and other measures.
    (e) [Reserved]
    (f) Distribution of annual quota. (1) The annual quota specified 
according to the process outlined in paragraph (a) of this section shall 
be allocated between two semi-annual quota periods as follows: May 1 
through October 31 (57.9 percent) and November 1 through April 30 (42.1 
percent).
    (2) All spiny dogfish landed for a commercial purpose in the states 
from Maine through Florida shall be applied against the applicable semi-
annual commercial quota, regardless of where the spiny dogfish were 
harvested.

[71 FR 3017, Jan. 19, 2006, as amended at 73 FR 4757, Jan. 28, 2008]



Sec. 648.231  Closures.

    The Regional Administrator shall determine the date by which the 
quota for each semi-annual period described in Sec. 648.230(d)(1) will 
be harvested and

[[Page 684]]

shall close the EEZ to fishing for spiny dogfish on that date for the 
remainder of that semi-annual period by publishing a notification in the 
Federal Register. Upon the closure date and for the remainder of the 
semi-annual quota period, no vessel may fish for or possess spiny 
dogfish in the EEZ, nor may vessels issued a spiny dogfish permit under 
this part land spiny dogfish, nor may dealers issued a Federal permit 
purchase spiny dogfish from vessels issued a spiny dogfish permit under 
this part.



Sec. 648.232  Time Restrictions. [Reserved]



Sec. 648.233  Minimum Fish Sizes. [Reserved]



Sec. 648.234  Gear restrictions. [Reserved]



Sec. 648.235  Possession and landing restrictions.

    (a) Quota Period 1. From May 1 through October 31, vessels issued a 
valid Federal spiny dogfish permit specified under Sec. 648.4(a)(11) 
may:
    (1) Possess up to 3,000 lb (1.36 mt) of spiny dogfish per trip; and
    (2) Land only one trip of spiny dogfish per calendar day.
    (b) Quota Period 2. From November 1 through April 30, vessels issued 
a valid Federal spiny dogfish permit specified under Sec. 648.4(a)(11) 
may:
    (1) Possess up to 3,000 lb (1.36 mt) of spiny dogfish per trip; and
    (2) Land only one trip of spiny dogfish per calendar day.
    (c) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found at part 600, subpart N, of 
this chapter.

[66 FR 22476, May 4, 2001, as amended at 67 FR 6201, Feb. 11, 2002; 69 
FR 53362, Sept. 1, 2004; 71 FR 40438, July 17, 2006; 74 FR 20234, May 1, 
2009]



Sec. 648.236  Special Management Zones. [Reserved]



Sec. 648.237  Framework provisions.

    (a) Within season management action. The Councils may, at any time, 
initiate action to add or adjust management measures if they find that 
action is necessary to meet or be consistent with the goals and 
objectives of the Spiny Dogfish FMP.
    (1) Adjustment process. After the Councils initiate a management 
action, they shall develop and analyze appropriate management actions 
over the span of at least two Council meetings. The Councils shall 
provide the public with advance notice of the availability of both the 
proposals and the analysis for comment prior to, and at, the second 
Council meeting. The Councils' recommendation on adjustments or 
additions to management measures must come from one or more of the 
following categories: Minimum fish size; maximum fish size; gear 
requirements, restrictions or prohibitions (including, but not limited 
to, mesh size restrictions and net limits); regional gear restrictions; 
permitting restrictions and reporting requirements; recreational fishery 
measures (including possession and size limits and season and area 
restrictions); commercial season and area restrictions; commercial trip 
or possession limits; fin weight to spiny dogfish landing weight 
restrictions; onboard observer requirements; commercial quota system 
(including commercial quota allocation procedures and possible quota 
set-asides to mitigate bycatch, conduct scientific research, or for 
other purposes); recreational harvest limit; annual quota specification 
process; FMP Monitoring Committee composition and process; description 
and identification of essential fish habitat; description and 
identification of habitat areas of particular concern; overfishing 
definition and related thresholds and targets; regional season 
restrictions (including option to split seasons); restrictions on vessel 
size (length and GRT) or shaft horsepower; target quotas; measures to 
mitigate marine mammal entanglements and interactions; regional 
management; changes to the Northeast Region SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, reports, and/or industry-funded 
observers or observer set-aside program; any other management measures 
currently included in the Spiny Dogfish FMP; and measures to regulate 
aquaculture projects.

[[Page 685]]

    (2) Councils' recommendation. After developing management actions 
and receiving public testimony, the Councils shall make a recommendation 
approved by a majority of each Council's members, present and voting, to 
the Regional Administrator. The Councils' recommendation must include 
supporting rationale, an analysis of impacts and, if management measures 
are recommended, a recommendation to the Regional Administrator on 
whether to issue the management measures as a final rule. If the 
Councils recommend that the management measures should be issued as a 
final rule, they must consider at least the following factors and 
provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule and whether regulations have to be in place for an entire 
harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Councils' recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) NMFS action. If the Councils' recommendation includes 
adjustments or additions to management measures and:
    (i) If NMFS concurs with the Councils' recommended management 
measures and determines that the recommended management measures should 
be issued as a final rule based on the factors specified in paragraph 
(b)(2) of this section, then the measures will be issued as a final rule 
in the Federal Register.
    (ii) If NMFS concurs with the Councils' recommendation and 
determines that the recommended management measures should be published 
first as a proposed rule, then the measures will be published as a 
proposed rule in the Federal Register. After additional public comment, 
if NMFS concurs with the Councils' recommendation, then the measures 
will be issued as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Councils will be notified in 
writing of the reasons for the non-concurrence.
    (iv) Framework actions can be taken only in the case where both 
Councils approve the proposed measure.
    (b) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[65 FR 1570, Jan. 11, 2000, as amended at 73 FR 4757, Jan. 28, 2008]



Subpart M_Management Measures for the Atlantic Deep-Sea Red Crab Fishery

    Source: 67 FR 63233, Oct. 10, 2002, unless otherwise noted.



Sec. 648.260  Specifications.

    (a) Process for setting specifications. The Council's Red Crab Plan 
Development Team (PDT) shall prepare a Stock Evaluation and Assessment 
(SAFE) Report at least every 3 years. Based on the SAFE Report, the PDT 
shall develop and present to the Council recommended specifications as 
defined in this paragraph (a) for up to 3 fishing years. The PDT shall 
meet at least once annually during the intervening years between SAFE 
Reports to review the status of the stock and the fishery. Based on such 
review, the PDT shall provide a report to the Council on any changes or 
new information about the red crab stock and/or fishery, and it shall 
recommend whether the specifications for the upcoming years need to be 
modified. The annual review shall be limited in scope and shall 
concentrate on the most recent fishery-dependent information including, 
but not limited to, days-at-sea (DAS) used and red crab landings. In the 
event that the PDT recommends an adjustment to the specifications, the 
PDT shall prepare a supplemental specifications package for a specific 
time duration up to 3 years. Specifications include the specification of 
OY, the setting of any target TACs, allocation of DAS, and/or 
adjustments to trip/possession limits.

[[Page 686]]

    (1) Target total allowable catch. The target TAC for each fishing 
year will be 5.928 million lb (2,688.9 mt), unless modified pursuant to 
this paragraph.
    (2) Adjustments to DAS allocation based on target TAC. For purposes 
of determining the appropriate DAS allocation, any overage of the target 
TAC that occurs in a given fishing year will be subtracted from the 
target TAC in the following fishing year and, conversely, any underage 
of the target TAC that occurs in a given fishing year will be added to 
the target TAC in the following fishing year.
    (3) In-season adjustments. The specifications established pursuant 
to this section may be adjusted by NMFS, after consulting with the 
Council, during the fishing year by publishing notification in the 
Federal Register stating the reasons for such action and providing an 
opportunity for prior public comment. Any adjustments must be consistent 
with the Atlantic Deep-Sea Red Crab FMP objectives and other FMP 
provisions.
    (4) Target total allowable catch. The target TAC for fishing year 
2009 will be 3.560 million lb (1,615 mt), unless modified pursuant to 
this paragraph.
    (b) Development of specifications. In developing the management 
measures and specifications, the PDT shall review at least the following 
data, if available: Commercial catch data; current estimates of fishing 
mortality and catch-per-unit-effort (CPUE); discards; stock status; 
recent estimates of recruitment; virtual population analysis results and 
other estimates of stock size; sea sampling, port sampling, and survey 
data or, if sea sampling data are unavailable, length frequency 
information from port sampling and/or surveys; impact of other fisheries 
on the mortality of red crabs; and any other relevant information.
    (1) The PDT, after its review of the available information on the 
status of the stock and the fishery, may recommend to the Council any 
measures necessary to assure that the specifications will not be 
exceeded, as well as changes to the appropriate specifications.
    (2) The Council shall review these recommendations and any public 
comment received and shall submit its recommendation to the Regional 
Administrator after at least one Council meeting. If the Council submits 
a recommendation to the Regional Administrator after one Council meeting 
and the Regional Administrator concurs with the recommendation, the 
Regional Administrator shall publish the Council's recommendation in the 
Federal Register as a proposed rule unless there is adequate 
justification to waive prior notice and comment . The Council may 
instead choose to follow the framework adjustment process specified at 
Sec. 648.261 and request that the Regional Administrator publish the 
recommendation as a proposed or final rule. If the Regional 
Administrator concurs that the Council's recommendation meets the Red 
Crab FMP objectives and is consistent with other applicable law, and 
determines that the recommended management measures should be published 
as a final rule, the action will be published as a final rule in the 
Federal Register. If the Regional Administrator concurs that the 
recommendation meets the FMP objectives and is consistent with other 
applicable law, and determines that a proposed rule is warranted, and, 
as a result, the effective date of a final rule falls after the start of 
the fishing year on March 1, fishing may continue under the 
specifications for the previous year. However, DAS used by a vessel on 
or after March 1 will be counted against any DAS allocation the vessel 
ultimately receives for that year.

[67 FR 63233, Oct. 10, 2002, as amended at 70 FR 44069, Aug. 1, 2005; 73 
FR 4757, Jan. 28, 2008]

    Effective Date Note: At 74 FR 9773, Mar. 6, 2009, Sec. 648.260 was 
amended by suspending paragraph (a)(1) and adding paragraph (a)(4), 
effective April 6, 2009 to September 2, 2009. At 74 FR 42606, Aug. 24, 
2009, the effective date for these amendments was extended to February 
28, 2010.



Sec. 648.261  Framework adjustment process.

    (a) To implement a framework adjustment for the Red Crab FMP, the 
Council shall develop and analyze proposed actions over the span of at 
least two Council meetings and provide advance public notice of the 
availability

[[Page 687]]

of both the proposals and the analyses. Opportunity to provide written 
and oral comments shall be provided throughout the process before the 
Council submits its recommendations to the Regional Administrator.
    (1) In response to an annual review of the status of the fishery or 
the resource by the Red Crab PDT, or at any other time, the Council may 
recommend adjustments to any of the measures proposed by the Red Crab 
FMP. The Red Crab Oversight Committee may request that the Council 
initiate a framework adjustment. Framework adjustments shall require one 
initial meeting (the agenda must include notification of the impending 
proposal for a framework adjustment) and one final Council meeting. 
After a management action has been initiated, the Council shall develop 
and analyze appropriate management actions within the scope identified 
below. The Council may refer the proposed adjustments to the Red Crab 
Committee for further deliberation and review. Upon receiving the 
recommendations of the Oversight Committee, the Council shall publish 
notice of its intent to take action and provide the public with any 
relevant analyses and opportunity to comment on any possible actions. 
After receiving public comment, the Council must take action (to 
approve, modify, disapprove, or table) on the recommendation at the 
Council meeting following the meeting at which it first received the 
recommendations. Documentation and analyses for the framework adjustment 
shall be available at least 2 weeks before the final meeting.
    (2) After developing management actions and receiving public 
testimony, the Council may make a recommendation to the Regional 
Administrator. The Council's recommendation shall include supporting 
rationale, an analysis of impacts required under paragraph (a)(1) of 
this section and a recommendation to the Regional Administrator on 
whether to issue the management measures as a final rule. If the Council 
recommends that the management measures should be issued directly as a 
final rule, the Council shall consider at least the following factors 
and provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts;
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) If the Regional Administrator concurs with the Council's 
recommended management measures, they shall be published in the Federal 
Register. If the Council's recommendation is first published as a 
proposed rule and the Regional Administrator concurs with the Council's 
recommendation after receiving additional public comment, the measures 
shall then be published as a final rule in the Federal Register.
    (4) If the Regional Administrator approves the Council's 
recommendations, the Secretary may, for good cause found under the 
standard of the Administrative Procedure Act, waive the requirement for 
a proposed rule and opportunity for public comment in the Federal 
Register. The Secretary, in so doing, shall publish only the final rule. 
Submission of recommendations does not preclude the Secretary from 
deciding to provide additional opportunity for prior notice and comment 
in the Federal Register.
    (5) The Regional Administrator may approve, disapprove, or partially 
disapprove the Council's recommendation. If the Regional Administrator 
does not approve the Council's specific recommendation, the Regional 
Administrator must notify the Council in writing of the reasons for the 
action prior to the first Council meeting following publication of such 
decision.

[[Page 688]]

    (b) [Reserved]



Sec. 648.262  Effort-control program for red crab limited access vessels.

    (a) General. A vessel issued a limited access red crab permit may 
not fish for, catch, possess, transport, land, sell, trade, or barter, 
greater than 500 lb (226.8 kg) of red crab, or its equivalent in weight 
as specified at Sec. 648.263(a)(2)(i) and (ii), per fishing trip in or 
from the Red Crab Management Unit, except during a DAS as allocated 
under and in accordance with the applicable DAS program described in 
this section, unless otherwise provided in this part.
    (1) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History as described in Sec. 
648.4(a)(13)(i)(J) for the entire fishing year preceding the carry-over 
year, limited access vessels that have unused DAS on the last day of 
February of any year may carry over a maximum of 10 unused DAS, or 10 
percent of the total allocated DAS, whichever is less, into the next 
fishing year. Any DAS that have been forfeited due to an enforcement 
proceeding will be deducted from all other unused DAS in determining how 
many DAS may be carried over.
    (2) [Reserved]
    (b) DAS program--(1) For fishing year 2002. For the fishing year 
beginning March 1, 2002, each limited access permit holder's allocation 
of DAS shall be based on a baseline of 130 DAS per vessel and, if 
necessary, adjusted as specified in this paragraph (b). Based upon the 
best available information, the Regional Administrator shall estimate 
the landings from May 15, 2002, which is the first day following the 
expiration of the red crab Secretarial interim rule, up to the 
implementation date of the red crab limited access program. These 
estimated total landings shall be deducted from the target TAC and the 
percentage of the TAC that remains available shall be used to reduce the 
initial baseline of DAS (i.e., a percentage of 130 DAS to an equivalent 
percentage). For example, if estimated landings equal 20 percent of the 
target TAC, thereby leaving 80 percent of the target TAC, the DAS 
allocation shall be reduced by 20 percent to 104 DAS. Each vessel shall 
be allocated the adjusted DAS for the remainder of the fishing year. The 
Regional Administrator shall notify permit holders by letter of the 
newly calculated DAS allocation.
    (2) For fishing years 2003 and thereafter. Each limited access 
permit holder shall be allocated 156 DAS unless one or more vessels 
declares out of the fishery consistent with Sec. 648.4(a)(13)(B)(2) or 
the TAC is adjusted consistent with Sec. 648.260.
    (3) Accrual of DAS. Any portion of a day in which a vessel is out of 
port, after having declared into the DAS fishery, shall count as a full 
DAS. For example, if a vessel calls into the fishery at 11 p.m. on 
Thursday and calls out of the fishery at 10 p.m. on Friday, the next 
day, that vessel shall be assessed 2 full DAS (48 hours) for the fishing 
trip, even though the trip lasted only 23 hours.
    (4) Good Samaritan credit. Same as Sec. 648.53(f).
    (5) Declaring red crab DAS. A vessel's owner or authorized 
representative shall notify the Regional Administrator of a vessel's 
participation in the red crab DAS program using the notification 
requirements specified in Sec. 648.10.
    (6) Adjustments in annual red crab DAS allocations. Adjustments to 
the annual red crab DAS allocation, if required to meet fishing 
mortality goals, may be implemented pursuant to Sec. 648.260.
    (7) For fishing year 2009. Each limited access permit holder shall 
be allocated 116 DAS unless one or more vessels declares out of the 
fishery consistent with Sec. 648.4(a)(13)(i)(B)(2) or the TAC is 
adjusted consistent with Sec. 648.260.

[67 FR 63233, Oct. 10, 2002, as amended at 69 FR 10177, Mar. 4, 2004]

    Effective Date Note: At 74 FR 9773, Mar. 6, 2009, Sec. 648.262 was 
amended by suspending paragraph (b)(2) and adding paragraph (b)(7), 
effective April 6, 2009 to September 2, 2009. At 74 FR 42606, Aug. 24, 
2009, the effective date for these amendments was extended to February 
28, 2010.



Sec. 648.263  Red crab possession and landing restrictions.

    (a) Vessels issued limited access red crab permits--(1) Possession 
and landing restrictions. (i) A vessel or operator of a

[[Page 689]]

vessel that has been issued a valid limited access red crab permit under 
this subpart may fish for, catch, possess, transport, land, sell, trade, 
or barter, up to 75,000 lb (34,019.4 kg) per trip, unless adjusted 
consistent with paragraph (a)(1)(ii) of this section, of whole red crab, 
or its equivalent in weight as specified at paragraphs (a)(2)(i) and 
(ii) of this section, when fishing under a red crab DAS.
    (ii) A vessel owner or operator who shows credible proof of landings 
on at least one trip higher than 75,000 lb (34,019.4 kg) during the 
limited access qualification period shall qualify for a larger trip 
limit, rounded to the nearest 5,000 lb (2,268 kg) of the higher trip 
landed. Such proof must be in writing and received by NMFS within 30 
days after receipt of a vessel owner's application for an initial 
limited access red crab vessel permit. A vessel owner shall fish 
consistent with the provisions and trip limit specified at paragraph 
(a)(1)(i) of this section until credible proof of a trip higher than 
75,000 lb (34,019.4 kg) is approved by NMFS.
    (2) Conversion to whole crab weight. (i) For red crab that is landed 
in half sections, with all gills and other detritus still intact, the 
recovery rate is 64 percent of a whole red crab, which is equal to the 
weight of red crab half sections multiplied by 1.56.
    (ii) For red crab that is landed in half sections, with all gills 
and other detritus removed, the recovery rate is 58 percent of a whole 
red crab, which is equal to the weight of red crab half sections 
multiplied by 1.72.
    (3) Female red crab restriction. A vessel may not fish for, catch, 
possess, transport, land, sell, trade, or barter, female red crabs in 
excess of one standard U.S. fish tote of incidentally caught female red 
crabs per trip when fishing under a red crab DAS.
    (4) Full-processing prohibition. No person may fully process at sea, 
possess, or land, fully-processed red crab.
    (5) Mutilation restriction. A vessel may not retain, possess, or 
land red crab claws and legs separate from crab bodies in excess of one 
standard U.S. fish tote per trip when fishing under a red crab DAS.
    (b) Vessels issued red crab incidental catch permits--(1) Possession 
and landing restrictions. A vessel or operator of a vessel that has been 
issued a red crab incidental catch permit may catch, possess, transport, 
land, sell, trade, or barter, up to 500 lb (226.8 kg) of red crab, or 
its equivalent in weight as specified at paragraphs (a)(1)(i) and (ii) 
of this section, per fishing trip in or from the Red Crab Management 
Unit.
    (2) Full-processing prohibition. No person may fully process at sea, 
possess, or land, fully-processed red crab.
    (3) Mutilation restrictions. (i) A vessel may not retain, possess, 
or land red crab claws and legs separate from crab bodies.
    (ii) A vessel may not retain, possess, or land more than two claws 
and eight legs per crab.

[67 FR 63233, Oct. 10, 2002, as amended at 74 FR 20557, May 4, 2009]



Sec. 648.264  Gear requirements/restrictions.

    (a) Limited access red crab permitted vessels. (1) No vessel may 
haul or harvest red crab from any fishing gear other than red crab 
traps/pots, marked as specified by paragraph (a)(5) of this section, 
when on a red crab DAS.
    (2) A vessel owner or operator of a vessel that holds a valid 
limited access red crab permit may fish with, deploy, possess, haul, 
harvest red crab from, or carry on board a vessel, up to a total of 600 
traps/pots when fishing for, catching, or landing red crab. A vessel 
owner is required to declare, on the annual permit application, the 
maximum number of traps/pots used per string and the maximum number of 
strings employed, such that the product of the maximum number of traps/
pots per string and the maximum number of strings declared is no more 
than 600 traps/pots. The vessel is restricted to the product of the 
maximum number of traps/pots per string multiplied by the maximum number 
of strings declared on the annual vessel permit application.
    (3) Parlor traps/pots. No person may haul or remove lobster, red 
crab or fish from parlor traps/pots when fishing under a red crab DAS.
    (4) Maximum trap/pot size. The maximum allowable red crab trap/pot 
size

[[Page 690]]

of red crab traps/pots used or deployed on a red crab DAS is 18 cubic 
feet (0.51 cubic meters) in volume. Red crab traps/pots may be 
rectangular, trapezoidal or conical only, unless other red crab trap/pot 
designs whose volume does not exceed 18 cubic feet (0.51 cubic meters) 
are authorized by the Regional Administrator.
    (5) Gear markings. The following is required on all buoys used at 
the end of each red crab trawl:
    (i) The letters ``RC'' in letters at least 3 inches (7.62 cm) in 
height must be painted on top of each buoy.
    (ii) The vessel's permit number in numerals at least 3 inches (7.62 
cm) in height must be painted on the side of each buoy to clearly 
identify the vessel.
    (iii) The number of each trap trawl relative to the total number of 
trawls used by the vessel (i.e., ``3 of 6'') must be painted in numerals 
at least 3 inches (7.62 cm) in height on the side of each buoy.
    (iv) High flyers and radar reflectors are required on each trap 
trawl.
    (6) Additional gear requirements. (i) Vessels must comply with the 
gear regulations found at Sec. 229.32 of this title.
    (ii) Red crab traps/pots, fished in 200 fathoms (365.8 m) or less by 
a vessel issued a limited access lobster permit under Sec. 697.4(a), 
must comply with the trap tagging requirements specified at Sec. 
697.19.
    (b) [Reserved]

[67 FR 63233, Oct. 10, 2002, as amended at 72 FR 57194, Oct. 5, 2007]



         Subpart N_Management Measures for the Tilefish Fishery

    Source: 66 FR 49145, Sept. 26, 2001, unless otherwise noted.



Sec. 648.290  Individual fishing quota program and other restrictions.

    The fishing year is the 12-month period beginning with November 1, 
2001.
    (a) Total allowable landings (TAL). The TAL for each fishing year 
will be 1.995 million lb (905,172 kg) unless modified pursuant to 
paragraph (d) of this section.
    (b) TAL allocation. For each fishing year, up to 3 percent of the 
TAL may be set aside for the purpose of funding research. Once a 
research amount, if any, is set aside, the TAL will first be reduced by 
5 percent to adjust for the incidental catch. The remaining TAL will, 
for the first year of the Individual Fishing Quota Program (IFQ TAL), be 
reduced by the 15-percent reserve, as specified in Sec. 648.291(d)(4), 
and then allocated as follows: Full-time tier Category 1, 66 percent; 
Full-time tier Category 2, 15 percent; Part-time, 19 percent, to allow 
for the calculation of IFQ allocations and the issuance of IFQ 
Allocation permits pursuant to Sec. 648.291.
    (c) Adjustments to the quota. If the incidental harvest exceeds 5 
percent of the TAL for a given fishing year, the incidental trip limit 
of 300 lb (138 kg) may be reduced in the following fishing year. In the 
first year of the IFQ program only, any overages from the prior limited 
access category fishery will be deducted from the appropriate category, 
prior to the initial distribution of IFQ allocation as specified at 
Sec. 648.291(c). If an adjustment is required, a notification of 
adjustment of the quota will be published in the Federal Register.
    (d) Annual specification process. The Tilefish FMP Monitoring 
Committee (Monitoring Committee) will meet after the completion of each 
stock assessment or at the request of the Council Chairman. The 
Monitoring Committee shall review tilefish landings information and any 
other relevant available data to determine if the annual quota requires 
modification to respond to any changes to the stock's biological 
reference points or to ensure that the rebuilding schedule is 
maintained. The Monitoring Committee will consider whether any 
additional management measures or revisions to existing measures are 
necessary to ensure that the TAL will not be exceeded. Based on that 
review, the Monitoring Committee will provide a recommendation to the 
Tilefish Committee of the Council. Based on these recommendations and 
any public comment received, the Tilefish Committee shall recommend to 
the Council the appropriate quota and management measures for the next 
fishing year. The

[[Page 691]]

Council shall review these recommendations and any public comments 
received, and recommend to the Regional Administrator, at least 120 days 
prior to the beginning of the next fishing year, the appropriate TAL for 
the next fishing year, the percentage of TAL allocated to research 
quota, and any management measures to assure that the TAL will not be 
exceeded. The Council's recommendations must include supporting 
documentation, as appropriate, concerning the environmental and economic 
impacts of the recommendations. The Regional Administrator shall review 
these recommendations, and after such review, NMFS will publish a 
proposed rule in the Federal Register specifying the annual TAL and any 
management measures to assure that the TAL will not be exceeded. After 
considering public comments, NMFS will publish a final rule in the 
Federal Register to implement a TAL and any management measures. The 
previous year's specifications will remain effective unless revised 
through the specification process and/or the research quota process 
described in paragraph (e) of this section. NMFS will issue notification 
in the Federal Register if the previous year's specifications will not 
be changed.
    (e) Research quota. See Sec. 648.21(g).

[66 FR 49145, Sept. 26, 2001, as amended at 74 FR 42599, Aug. 24, 2009]



Sec. 648.291  Individual fishing quota.

    (a) Individual fishing quota (IFQ) allocation permits. After 
adjustments for incidental catch, research set asides, and overages, as 
appropriate, during the first year of the IFQ Program, the Regional 
Administrator shall divide the Category quotas specified pursuant to 
Sec. 648.290(b), among the owners of vessels that meet the 
qualification criteria specified in paragraphs (a)(1)(i) and (ii) of 
this section. Initial allocations shall be made in accordance with 
paragraph (b)(1)(i) of this section, in the form of an IFQ Allocation 
permit issued to a qualifying vessel owner, who files a complete 
application, specifying the allocation percentage of the IFQ TAL that 
the owner is entitled to harvest. This allocation percentage shall be 
calculated pursuant to paragraph (c) of this section and converted 
annually into pounds of tilefish. Amounts of IFQ of 0.5 lb (0.23 kg) or 
smaller created by this allocation shall be rounded downward to the 
nearest whole number, and amounts of IFQ greater than 0.5 lb (0.23 kg) 
created by this division shall be rounded upward to the nearest whole 
number, so that IFQ allocations are specified in whole pounds. 
Allocations in subsequent years shall be made by applying the allocation 
percentages that exist on September 1 of a given fishing year to the IFQ 
TAL pursuant to Sec. 648.290(b), subject to any deductions for overages 
pursuant to paragraph (f) of this section. These allocations shall be 
issued in the form of an annual IFQ Allocation permit.
    (1) Qualifying criteria. (i) A person or entity qualifies for an IFQ 
Allocation permit if they: Own a vessel with a fishing history that 
includes a valid tilefish limited access permit for the 2005 permit year 
and reported landings of tilefish from 2001 through 2005 that 
constituted at least 0.5 percent of the total landings in the tilefish 
Category for which it was permitted; or
    (ii) Hold a valid confirmation of permit history (CPH) that meets 
the criteria in paragraph (a)(1)(i) of this section.
    (2) [Reserved]
    (b) Application--(1) General. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
obtained from NMFS. The application must be filled out completely and 
signed by the applicant. Each application must include a declaration of 
all interests in IFQ allocations, as defined in Sec. 648.2, listed by 
IFQ Allocation permit number, and must list all Federal vessel permit 
numbers for all vessels that an applicant owns or leases that would be 
authorized to possess tilefish pursuant to the IFQ Allocation permit. 
The Regional Administrator will notify the applicant of any deficiency 
in the application.
    (i) Initial application. An applicant shall submit an application 
for an initial IFQ Allocation permit no later than 6 months after the 
effective date of this regulation.
    (ii) Renewal applications. Applications to renew an IFQ Allocation 
permit

[[Page 692]]

must be received by September 15 to be processed in time for the start 
of the November 1 fishing year. Renewal applications received after this 
date may not be approved, and a new permit may not be issued before the 
start of the next fishing year. An IFQ Allocation permit holder must 
renew his/her IFQ Allocation permit on an annual basis by submitting an 
application for such permit prior to the end of the fishing year for 
which the permit is required.
    (2) Issuance. Except as provided in subpart D of 15 CFR part 904, 
and provided an application for such permit is submitted by September 
15, as specified in paragraph (b)(1)(ii) of this section, NMFS shall 
issue annual IFQ Allocation permits on or before October 31 to those who 
hold permanent allocation as of September 1 of the current fishing year. 
During the period between September 1 and October 31, transfer of IFQ is 
not permitted, as described in paragraph (e)(4) of this section. The IFQ 
Allocation permit shall specify the allocation percentage of the IFQ TAL 
which the IFQ permit holder is authorized to harvest.
    (3) Duration. An annual IFQ Allocation permit is valid until October 
31 of each fishing year unless it is suspended, modified, or revoked 
pursuant to 15 CFR part 904, or revised due to a transfer of all or part 
of the allocation percentage under paragraph (e) of this section. All 
Federal vessel permit numbers that are listed on the IFQ Allocation 
permit are authorized to possess tilefish pursuant to the IFQ Allocation 
permit until the end of the fishing year or until NMFS receives written 
notification from the IFQ Allocation permit holder that the vessel is no 
longer authorized to possess tilefish pursuant to the subject permit. An 
IFQ Allocation permit holder that wishes to authorize an additional 
vessel(s) to possess tilefish pursuant to the IFQ Allocation permit must 
send written notification to NMFS that includes the vessel permit 
number, and the dates on which the IFQ Allocation permit holder desires 
the vessel to be authorized to land IFQ tilefish pursuant to the IFQ 
Allocation permit to be effective.
    (4) Alteration. An annual IFQ Allocation permit that is altered, 
erased, or mutilated is invalid.
    (5) Replacement. The Regional Administrator may issue a replacement 
permit upon written application of the annual IFQ Allocation permit 
holder.
    (6) Transfer. The annual IFQ Allocation permit is valid only for the 
person to whom it is issued. All or part of the allocation specified in 
the IFQ Allocation permit may be transferred in accordance with 
paragraph (e) of this section.
    (7) Abandonment or voluntary relinquishment. Any IFQ Allocation 
permit that is voluntarily relinquished to the Regional Administrator, 
or deemed to have been voluntarily relinquished for failure to pay a 
recoverable cost fee, in accordance with the requirements specified in 
paragraph (h)(2) of this section, or for failure to renew in accordance 
with paragraph (b)(1)(ii) of this section, shall not be reissued or 
renewed in a subsequent year.
    (c) Initial allocation formulas--(1) General. An individual fishing 
quota of tilefish shall be calculated as a percentage of the IFQ TAL, 
based on the following formulas:
    (i) Full-time vessels. The owner of a vessel that held a Full-time 
(Category A or B; 66 percent of the adjusted TAL for Category A, and 15 
percent of the adjusted TAL for Category B) limited access permit in 
2005 shall receive an allocation based on the division of the vessel's 
average landings from 2001 through 2005 by the total average landings in 
their respective Category during this same time period to derive a 
percentage. This percentage shall then be applied to the IFQ TAL to 
derive an IFQ allocation percentage of the IFQ TAL that shall also be 
converted to an amount in pounds. If the landings of all qualified 
vessels yield percentages that are less than the allocation of the 
entire adjusted quota, the remainder shall be distributed among the 
qualified vessels based on the ratio of their respective percentages. 
Vessel landings during this time period will be calculated using NMFS 
interactive voice reporting (IVR) data for 2002 through 2005, and NMFS 
dealer data submitted for 2001 (excluding landings reported from May 15, 
2003, through May 31, 2004, as a result of the Hadaja v. Evans lawsuit).

[[Page 693]]

    (ii) Part-time vessels. An owner of a vessel that held a Part-time 
(Category C) limited access permit in 2005 shall receive an allocation 
based on the equal division of the Category C quota (19 percent of the 
adjusted TAL) among vessels that had landings during the 2001 through 
2005 time period, to derive an IFQ allocation percentage of the IFQ TAL. 
This percentage shall also be converted to an amount in pounds. Vessel 
landings during this time period will be calculated using NMFS IVR data 
for 2002 through 2005, and NMFS dealer data submitted for 2001 
(excluding landings reported from May 15, 2003, through May 31, 2004, as 
a result of the Hadaja v. Evans lawsuit).
    (2) [Reserved]
    (d) Appeal of denial of permit--(1) General. Any applicant denied an 
IFQ Allocation permit may appeal to the Regional Administrator within 30 
days of the notice of denial. Any such appeal shall be in writing. The 
only ground for appeal is that the Regional Administrator erred in 
concluding that the vessel did not meet the criteria in this section. 
The appeal must set forth the basis for the applicant's belief that the 
decision of the Regional Administrator was made in error.
    (2) Appeal review. The Regional Administrator shall appoint a 
designee who shall make the initial decision on the appeal. The 
appellant may appeal the initial decision to the Regional Administrator 
by submitting a request in writing within 30 days of the notice of the 
initial decision. If requested, the appeal may be presented at a hearing 
before a hearing officer appointed by the Regional Administrator. A 
hearing will only be held if the applicant presents credible 
documentation with the hearing request to show that the Regional 
Administrator made an error in determining the ownership of a tilefish 
limited access permit, the accuracy of amount of landings, or the 
correct assignment of landings to the permit holder. If the appellant 
does not request a review of the initial decision within 30 days, the 
initial decision is the final administrative decision of the Department 
of Commerce. If a hearing is held, the hearing officer shall make 
findings and a recommendation based upon the administrative record, 
including that generated during any hearing, pertaining to the 
application and appeal within NMFS to the Regional Administrator, which 
shall be advisory only. Upon receiving the findings and the 
recommendations from the hearing officer, the Regional Administrator 
shall issue a final decision on the appeal. The Regional Administrator's 
decision is the final administrative decision of the Department of 
Commerce.
    (3) Status of vessels pending appeal. Any applicant denied an IFQ 
Allocation permit may request the issuance of a letter of authorization 
(LOA) from the Regional Administrator to continue to fish for tilefish 
after the effective date of the final regulations, pending the 
resolution of the relevant appeal, if his/her vessel was issued a valid 
tilefish permit in 2008. This LOA would allow a vessel to continue to 
fish for tilefish. If the appeal is finally denied, the LOA will become 
invalid 5 days after the receipt of the notice of final denial from the 
Regional Administrator.
    (4) LOA reserve. During the first year of the IFQ program, the 
Regional Administrator will reserve 15 percent of the IFQ TAL, prior to 
initial distribution of IFQ allocations, to allow for continued fishing 
under an LOA, as specified in paragraph (d)(3) of this section, pending 
resolution of the relevant appeal. Any portion of the reserve remaining 
after the appeals process has been completed will be distributed to IFQ 
Allocation permit holders based on their allocation percentages as soon 
as possible during that fishing year. If vessels fishing under an LOA 
are projected to land a portion of the IFQ TAL that NMFS determines 
would unreasonably diminish the allocations of IFQ Allocation permit 
holders, the Regional Administrator will impose a trip limit to reduce 
the landings of vessels fishing under an LOA. If vessels fishing under 
LOAs, pending resolution of the appeals process, are projected to 
harvest an amount of tilefish in excess of the 15-percent reserve, the 
allocations for all IFQ Allocation permit holders will be reduced 
proportionately during that fishing year, to increase the amount of the 
reserve determined to be necessary. If an IFQ Allocation permit holder 
has no allocation remaining at

[[Page 694]]

the time of the proportionate reduction of all IFQ allocations, this 
reduction will constitute an overage and will be deducted from the IFQ 
Allocation permit holder's subsequent fishing year allocation.
    (e) Transferring IFQ allocations--(1) Temporary transfers. Unless 
otherwise restricted by the provisions in paragraph (e)(3) of this 
section, the owner of an IFQ allocation may transfer the entire IFQ 
allocation, or a portion of the IFQ allocation, to any person or entity 
eligible to own a documented vessel under the terms of 46 U.S.C. 
12102(a). Temporary IFQ allocation transfers shall be effective only for 
the fishing year in which the temporary transfer is requested and 
processed, unless the applicant specifically requests that the transfer 
be processed for the subsequent fishing year. The Regional Administrator 
has final approval authority for all temporary IFQ allocation transfer 
requests. The approval of a temporary transfer may be rescinded if the 
Regional Administrator finds that an emergency has rendered the lessee 
unable to fish for the transferred IFQ allocation, but only if none of 
the transferred allocation has been landed.
    (2) Permanent transfers. Unless otherwise restricted by the 
provisions in paragraph (e)(3) of this section, an owner of an IFQ 
allocation may permanently transfer the entire IFQ allocation, or a 
portion of the IFQ Allocation, to any person or entity eligible to own a 
documented vessel under the terms of 46 U.S.C. 12102(a). The Regional 
Administrator has final approval authority for all permanent IFQ 
allocation transfer requests.
    (3) IFQ allocation transfer restrictions. (i) If IFQ allocation is 
temporarily transferred to any eligible entity, it may not be 
transferred by the transferee again within the same fishing year, unless 
the transfer is rescinded due to an emergency, as described in paragraph 
(e)(1) of this section.
    (ii) A transfer of IFQ will not be approved by the Regional 
Administrator if it would result in an entity owning, or having an 
interest in, a percentage of IFQ allocation exceeding 49 percent of the 
total tilefish adjusted TAL.
    (iii) If the owner of an IFQ allocation leases additional quota from 
another IFQ Allocation permit holder, any landings associated with this 
transferred quota would be deducted from the total yearly landings of 
the lessee, before his/her base allocation, if any exists, for the 
purpose of calculating the appropriate cost-recovery fee. As described 
in paragraph (h) of this section, a tilefish IFQ Allocation permit 
holder with a permanent allocation shall incur a cost-recovery fee, 
based on the value of landings of tilefish authorized under his/her 
tilefish IFQ Allocation permit, including allocation that he/she leases 
to another IFQ Allocation permit holder.
    (4) Application for an IFQ allocation transfer. Any IFQ Allocation 
permit holder applying for either permanent or temporary transfer of IFQ 
allocation must submit a completed IFQ Allocation Transfer Form, 
available from NMFS. The IFQ Allocation Transfer Form must be submitted 
to the NMFS Northeast Regional Office at least 30 days before the date 
on which the applicant desires to have the IFQ allocation transfer 
effective. The Regional Administrator shall notify the applicants of any 
deficiency in the application pursuant to this section. Applications for 
IFQ allocation transfers must be received by September 1 to be processed 
for the current fishing year.
    (i) Application information requirements. An application to transfer 
IFQ allocation must include the following information: The type of 
transfer (either temporary or permanent), the signature of both parties 
involved, the price paid for the transfer, indicate eligibility to 
receive IFQ allocation, the amount of allocation to be transferred, and 
a declaration, by IFQ Allocation permit number, of all the IFQ 
allocations that the person or entity receiving the IFQ allocation has 
an interest in. The person or entity receiving the IFQ allocation must 
indicate the permit numbers of all Federally permitted vessels that will 
possess or land their IFQ allocation. Information obtained from the IFQ 
Allocation Transfer Form is confidential pursuant to 16 U.S.C. 1881a.
    (ii) Approval of IFQ transfer applications. Unless an application to 
transfer IFQ is denied according to paragraph (e)(4)(iii) of this 
section, the Regional

[[Page 695]]

Administrator shall issue confirmation of application approval in the 
form of a new or updated IFQ Allocation permit to the parties involved 
in the transfer within 30 days of receipt of a completed application.
    (iii) Denial of transfer application. The Regional Administrator may 
reject an application to transfer IFQ allocation for the following 
reasons: The application is incomplete; the transferor does not possess 
a valid tilefish IFQ Allocation permit; the transferor's or transferee's 
vessel or tilefish IFQ Allocation permit has been sanctioned, pursuant 
to an enforcement proceeding under 15 CFR part 904; the transfer will 
result in the transferee having a tilefish IFQ Allocation that exceeds 
49 percent of the adjusted TAL allocated to IFQ Allocation permit 
holders; the transfer is to a person or entity that is not eligible to 
own a documented vessel under the terms of 46 U.S.C. 12102(a); or any 
other failure to meet the requirements of this subpart. Upon denial of 
an application to transfer IFQ allocation, the Regional Administrator 
shall send a letter to the applicant describing the reason(s) for the 
denial. The decision by the Regional Administrator is the final decision 
of the Department of Commerce; there is no opportunity for an 
administrative appeal.
    (f) IFQ allocation overages. Any IFQ allocation that is exceeded, 
including amounts of tilefish landed by a lessee in excess of a 
temporary transfer of IFQ allocation, will be reduced by the amount of 
the overage in the subsequent fishing year(s). If an IFQ allocation 
overage is not deducted from the appropriate allocation before the IFQ 
Allocation permit is issued for the subsequent fishing year, a revised 
IFQ Allocation permit reflecting the deduction of the overage shall be 
issued by NMFS. If the allocation can not be reduced in the subsequent 
fishing year because the full allocation has already been landed or 
transferred, the IFQ Allocation permit will indicate a reduced 
allocation for the amount of the overage in the next fishing year.
    (g) IFQ allocation acquisition restriction. No person or entity may 
acquire more than 49 percent of the annual adjusted tilefish TAL, 
specified pursuant to Sec. 648.290, at any point during a fishing year. 
For purposes of this paragraph, acquisition includes any permanent or 
temporary transfer of IFQ. The calculation of IFQ allocation for 
purposes of the restriction on acquisition includes IFQ allocation 
interests held by: A company in which the IFQ holder is a shareholder, 
officer, or partner; an immediate family member; or a company in which 
the IFQ holder is a part owner or partner.
    (h) IFQ cost-recovery. A fee shall be determined as described in 
paragraph (h)(1) of this section, and collected to recover the costs 
associated with management, data collection and analysis, and 
enforcement of the IFQ program. A tilefish IFQ Allocation permit holder 
shall be responsible for paying the fee assessed by NMFS. A tilefish IFQ 
Allocation permit holder with a permanent allocation shall incur a cost-
recovery fee, based on the value of landings of tilefish authorized 
under his/her tilefish IFQ Allocation permit, including allocation that 
he/she leases to another IFQ Allocation permit holder. A tilefish IFQ 
Allocation permit holder, with a permanent allocation, shall be 
responsible for submitting this payment to NMFS once per year, as 
specified in paragraph (h)(2) of this section. For the purpose of this 
section, the cost-recovery billing period is defined as the full 
calendar year, beginning with the start of the first calendar year 
following the effective date of the final regulations. NMFS will create 
an annual IFQ allocation bill for each cost-recovery billing period and 
provide it to each IFQ Allocation permit holder. The bill will include 
annual information regarding the amount and value of IFQ allocation 
landed during the prior cost-recovery billing period, and the associated 
cost-recovery fees. NMFS will also create a report that will detail the 
costs incurred by NMFS, for the management, enforcement, and data 
collection and analysis associated with the IFQ allocation program 
during the prior cost-recovery billing period.
    (1) NMFS determination of the total annual recoverable costs of the 
tilefish IFQ program. The Regional Administrator shall determine the 
costs associated with the management, data collection and analysis, and 
enforcement of the

[[Page 696]]

IFQ allocation program. The recoverable costs will be divided by the 
amount of the total ex-vessel value of all tilefish IFQ landings during 
the cost-recovery billing period to derive a percentage. IFQ Allocation 
permit holders will be assessed a fee based on this percentage times the 
total ex-vessel value of all landings authorized under their permanent 
IFQ Allocation permit, including landings on allocation that is leased. 
This fee shall not exceed 3 percent of the total value of tilefish 
landings of the IFQ Allocation permit holder. If NMFS determines that 
the costs associated with the management, data collection and analysis, 
and enforcement of the IFQ allocation program exceed 3 percent of the 
total value of tilefish landings, only 3 percent are recoverable. Prior 
to the first year of the IFQ program, NMFS will not have information 
needed to determine the management, data collection and analysis, and 
enforcement costs of the program. Therefore, during the initial cost-
recovery billing period, the fee shall be set at 3 percent. If the 
recoverable costs are determined to be less than 3 percent, NFMS shall 
issue each IFQ Allocation permit holder a fee-overage credit, equal to 
the amount paid in excess of their portion of the recoverable cost, 
towards their subsequent year's fee.
    (i) Valuation of IFQ Allocation. The 3-percent limitation on cost-
recovery fees shall be based on the ex-vessel value of landed 
allocation. The ex-vessel value for each pound of tilefish landed shall 
be determined from Northeast Federal dealer reports submitted to NMFS, 
which contain the price per pound at the time of dealer purchase.
    (ii) [Reserved]
    (2) Fee payment procedure. An IFQ Allocation permit holder who has 
incurred a cost-recovery fee must pay the fee to NMFS within 45 days of 
the date of the bill. Cost-recovery payments shall be made 
electronically via the Federal Web portal, http://www.pay.gov, or other 
Internet sites designated by the Regional Administrator. Instructions 
for electronic payment shall be available on both the payment Web site 
and the cost-recovery fee bill. Electronic payment options shall include 
payment via a credit card, as specified in the cost-recovery bill, or 
via direct automated clearing house (ACH) withdrawal from a designated 
checking account. Alternatively, payment by check may be authorized by 
Regional Administrator if he/she determines that electronic payment is 
not possible.
    (3) Payment compliance. If the cost-recovery payment, as determined 
by NMFS, is not made within the time specified in paragraph (h)(2) of 
this section, the Regional Administrator will deny the renewal of the 
appropriate IFQ Allocation permit until full payment is received. If, 
upon preliminary review of a fee payment, the Regional Administrator 
determines that the IFQ Allocation permit holder has not paid the full 
amount due, he/she shall notify the IFQ Allocation permit holder in 
writing of the deficiency. NMFS shall explain the deficiency and provide 
the IFQ Allocation permit holder 30 days from the date of the notice, 
either to pay the amount assessed or to provide evidence that the amount 
paid was correct. If the IFQ Allocation permit holder submits evidence 
in support of the appropriateness of his/her payment, the Regional 
Administrator shall determine whether there is a reasonable basis upon 
which to conclude that the amount of the tendered payment is correct. 
This determination shall be in set forth in a Final Administrative 
Determination (FAD) that is signed by the Regional Administrator. A FAD 
shall be the final decision of the Department of Commerce. If the 
Regional Administrator determines that the IFQ Allocation permit holder 
has not paid the appropriate fee, he/she shall require payment within 30 
days of the date of the FAD. If a FAD is not issued until after the 
start of the fishing year, the IFQ Allocation permit holder may be 
issued a letter of authorization to fish until the FAD is issued, at 
which point the permit holder shall have 30 days to comply with the 
terms of the FAD or the tilefish IFQ Allocation permit shall not be 
issued, and the letter of authorization shall not be valid until such 
terms are met. Any tilefish landed pursuant to the above authorization 
will

[[Page 697]]

count against the IFQ Allocation permit, if issued. If the Regional 
Administrator determines that the IFQ Allocation permit holder owes 
additional fees for the previous cost-recovery billing period, and the 
renewed IFQ Allocation permit has already been issued, the Regional 
Administrator shall issue a FAD and will notify the IFQ Allocation 
permit holder in writing. The IFQ Allocation permit holder shall have 30 
days from the date of the FAD to comply with the terms of the FAD. If 
the IFQ Allocation permit holder does not comply with the terms of the 
FAD within this period, the Regional Administrator shall rescind the IFQ 
Allocation permit until such terms are met. If an appropriate payment is 
not received within 30 days of the date of a FAD, the Regional 
Administrator shall refer the matter to the appropriate authorities 
within the U.S. Department of the Treasury for purposes of collection. 
No permanent or temporary IFQ allocation transfers may be made to or 
from the allocation of an IFQ Allocation permit holder who has not 
complied with any FAD. If the Regional Administrator determines that the 
terms of a FAD have been met, the IFQ Allocation permit holder may renew 
the tilefish IFQ Allocation permit. If NMFS does not receive full 
payment of a recoverable cost fee prior to the end of the cost-recovery 
billing period immediately following the one for which the fee was 
incurred, the subject IFQ Allocation permit shall be deemed to have been 
voluntarily relinquished pursuant to paragraph (b)(7) of this section.
    (4) Periodic review of the IFQ program. A formal review of the IFQ 
program must be conducted by the Council within 5 years of the effective 
date of the final regulations. Thereafter, it shall be incorporated into 
every scheduled Council review of the FMP (i.e., future amendments or 
frameworks), but no less frequently than every 7 years.

[74 FR 42599, Aug. 24, 2009]



Sec. 648.292  Tilefish trip limits.

    Any U.S. fishing vessel fishing under a tilefish incidental catch 
category permit is prohibited from possessing more than 300 lb (138 kg) 
of tilefish per trip.

    Effective Date Note: At 74 FR 42602, Aug. 24, 2009, Sec. 648.292 
was removed, effective November 1, 2009.



Sec. 648.293  Framework specifications.

    (a) Within-season management action. The Council may, at any time, 
initiate action to add or adjust management measures if it finds that 
action is necessary to meet or be consistent with the goals and 
objectives of the Tilefish FMP.
    (1) Specific management measures. The following specific management 
measures may be implemented or adjusted at any time through the 
framework process:
    (i) Minimum fish size,
    (ii) Minimum hook size,
    (iii) Closed seasons,
    (iv) Closed areas,
    (v) Gear restrictions or prohibitions,
    (vi) Permitting restrictions,
    (vii) Gear limits,
    (viii) Trip limits,
    (ix) Overfishing definition and related thresholds and targets,
    (x) Annual specification quota setting process,
    (xi) Tilefish FMP Monitoring Committee composition and process,
    (xii) Description and identification of EFH,
    (xiii) Fishing gear management measures that impact EFH,
    (xiv) Habitat areas of particular concern,
    (xv) Set-aside quotas for scientific research, and
    (xvi) Changes to the Northeast Region SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, reports, and/or industry-funded 
observers or observer set-aside programs.
    (2) Adjustment process. If the Council determines that an adjustment 
to management measures is necessary to meet the goals and objectives of 
the FMP, it will recommend, develop, and analyze appropriate management 
actions over the span of at least two Council meetings. The Council will 
provide the public with advance notice of the availability of the 
recommendation, appropriate justifications and economic and

[[Page 698]]

biological analyses, and opportunity to comment on the proposed 
adjustments prior to and at the second Council meeting on that framework 
action. After developing management actions and receiving public 
comment, the Council will submit the recommendation to the Regional 
Administrator; the recommendation must include supporting rationale, an 
analysis of impacts, and a recommendation on whether to publish the 
management measures as a final rule.
    (3) Council recommendation. After developing management actions and 
receiving public testimony, the Council will make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule. If the 
Council recommends that the management measures should be issued as a 
final rule, it must consider at least the following factors and provide 
support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (4) Regional Administrator action. If the Council's recommendation 
includes adjustments or additions to management measures and, after 
reviewing the Council's recommendation and supporting information:
    (i) If the Regional Administrator concurs with the Council's 
recommended management measures and determines that the recommended 
management measures should be issued as a final rule based on the 
factors specified in paragraph (b)(2) of this section, the measures will 
be issued as a final rule in the Federal Register.
    (ii) If the Regional Administrator concurs with the Council's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the measures will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Administrator concurs with the Council's 
recommendation, the measures will be issued as a final rule in the 
Federal Register.
    (iii) If the Regional Administrator does not concur with the 
Council's recommendation, the Council will be notified in writing of the 
reasons for the non-concurrence.
    (b) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[66 FR 49145, Sept. 26, 2001, as amended at 73 FR 4757, Jan. 28, 2008]

    Effective Date Note: At 74 FR 42603, Aug. 24, 2009, Sec. 648.293 
was revised, effective November 1, 2009. For the convenience of the 
user, the revised text is set forth as follows:



Sec. 648.293  Tilefish trip limits.

    Any vessel of the United States fishing under a tilefish permit, as 
described at Sec. 648.4(a)(12), is prohibited from possessing more than 
300 lb (138 kg) of tilefish at any time, unless the vessel is fishing 
under a tilefish IFQ Allocation permit, as specified at Sec. 
648.291(a). Any tilefish landed by a vessel fishing under an IFQ 
Allocation permit, on a given fishing trip, count as landings under the 
IFQ Allocation permit.



Sec. 648.294  Framework specifications.

    (a) Within-season management action. The Council may, at any time, 
initiate action to add or adjust management measures if it finds that 
action is necessary to meet or be consistent with the goals and 
objectives of the Tilefish FMP.
    (1) Specific management measures. The following specific management 
measures may be adjusted at any time through the framework process:
    (i) Minimum fish size;

[[Page 699]]

    (ii) Minimum hook size;
    (iii) Closed seasons;
    (iv) Closed areas;
    (v) Gear restrictions or prohibitions;
    (vi) Permitting restrictions;
    (vii) Gear limits;
    (viii) Trip limits;
    (ix) Overfishing definition and related thresholds and targets;
    (x) Annual specification quota setting process;
    (xi) Tilefish FMP Monitoring Committee composition and process;
    (xii) Description and identification of EFH;
    (xiii) Fishing gear management measures that impact EFH;
    (xiv) Habitat areas of particular concern;
    (xv) Set-aside quotas for scientific research;
    (xvi) Changes to the Northeast Region SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, reports, and/or industry-funded 
observers or observer set-aside programs;
    (xvii) Recreational management measures, including the bag-size 
limit, fish size limit, seasons, and gear restrictions or prohibitions; 
and
    (xviii) IFQ program review components, including capacity reduction, 
safety at sea issues, transferability rules, ownership concentration 
caps, permit and reporting requirements, and fee and cost-recovery 
issues.
    (2) Adjustment process. If the Council determines that an adjustment 
to management measures is necessary to meet the goals and objectives of 
the FMP, it will recommend, develop, and analyze appropriate management 
actions over the span of at least two Council meetings. The Council will 
provide the public with advance notice of the availability of the 
recommendation, appropriate justifications and economic and biological 
analyses, and opportunity to comment on the proposed adjustments prior 
to and at the second Council meeting on that framework action. After 
developing management actions and receiving public comment, the Council 
will submit the recommendation to the Regional Administrator; the 
recommendation must include supporting rationale, an analysis of 
impacts, and a recommendation on whether to publish the management 
measures as a final rule.
    (3) Council recommendation. After developing management actions and 
receiving public testimony, the Council will make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule. If the 
Council recommends that the management measures should be issued as a 
final rule, it must consider at least the following factors and provide 
support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (4) Regional Administrator action. If the Council's recommendation 
includes adjustments or additions to management measures and, after 
reviewing the Council's recommendation and supporting information:
    (i) If the Regional Administrator concurs with the Council's 
recommended management measures and determines that the recommended 
management measures should be issued as a final rule based on the 
factors specified in paragraph (a)(2) of this section, the measures will 
be issued as a final rule in the Federal Register.
    (ii) If the Regional Administrator concurs with the Council's 
recommendation and determines that the recommended management measures 
should be published first as a proposed

[[Page 700]]

rule, the measures will be published as a proposed rule in the Federal 
Register. After additional public comment, if the Regional Administrator 
concurs with the Council's recommendation, the measures will be issued 
as a final rule in the Federal Register.
    (iii) If the Regional Administrator does not concur with the 
Council's recommendation, the Council will be notified in writing of the 
reasons for the non-concurrence.
    (b) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.

[74 FR 42603, Aug. 24, 2009]

    Effective Date Note: At 74 FR 42603, Aug. 24, 2009, Sec. 648.294 
was added, effective November 1, 2009.



Sec. 648.295  Recreational possession limit.

    Any person fishing from a vessel that is not fishing under a 
tilefish vessel permit issued pursuant to Sec. 648.4(a)(12), may land 
up to eight tilefish per trip. Anglers fishing onboard a Charter/Party 
vessel shall observe the recreational possession limit.

[74 FR 42603, Aug. 24, 2009]

    Effective Date Note: At 74 FR 42603, Aug. 24, 2009, Sec. 648.295 
was added, effective November 1, 2009.



Sec. 648.296  Gear restricted areas.

    No vessel of the United States may fish with bottom-tending mobile 
gear within the areas bounded by the following coordinates:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              N. Lat.                                        W. Long.
                         Canyon                          -----------------------------------------------------------------------------------------------
                                                              Degrees           Min           Seconds         Degrees           Min           Seconds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oceanographer...........................................            40.0            29.0            50.0            68.0            10.0            30.0
                                                                    40.0            29.0            30.0            68.0             8.0            34.8
                                                                    40.0            25.0            51.6            68.0             6.0            36.0
                                                                    40.0            22.0            22.8            68.0             6.0            50.4
                                                                    40.0            19.0            40.8            68.0             4.0            48.0
                                                                    40.0            19.0             5.0            68.0             2.0            19.0
                                                                    40.0            16.0            41.0            68.0             1.0            16.0
                                                                    40.0            14.0            28.0            68.0            11.0            28.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lydonia.................................................            40.0            31.0            55.2            67.0            43.0             1.2
                                                                    40.0            28.0            52.0            67.0            38.0            43.0
                                                                    40.0            21.0            39.6            67.0            37.0             4.8
                                                                    40.0            21.0             4.0            67.0            43.0             1.0
                                                                    40.0            26.0            32.0            67.0            40.0            57.0
                                                                    40.0            28.0            31.0            67.0            43.0             0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Veatch..................................................            40.0             0.0            40.0            69.0            37.0             8.0
                                                                    40.0             0.0            41.0            69.0            35.0            25.0
                                                                    39.0            54.0            43.0            69.0            33.0            54.0
                                                                    39.0            54.0            43.0            69.0            40.0            52.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Norfolk.................................................            37.0             5.0            50.0            74.0            45.0            34.0
                                                                    37.0             6.0            58.0            74.0            40.0            48.0
                                                                    37.0             4.0            31.0            74.0            37.0            46.0
                                                                    37.0             4.0             1.0            74.0            33.0            50.0
                                                                    36.0            58.0            37.0            74.0            36.0            58.0
                                                                    37.0             4.0            26.0            74.0            41.0             2.0
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Effective Date Note: At 74 FR 42603, Aug. 24, 2009, Sec. 648.296 
was added, effective November 1, 2009.



    Subpart O_Management Measures for the NE Skate Complex Fisheries

    Source: 68 FR 49701, Aug. 19, 2003, unless otherwise noted.

[[Page 701]]



Sec. 648.320  Skate FMP review and monitoring.

    (a) Annual review. The Council, its Skate Plan Development Team (), 
and its Skate Advisory Panel shall monitor the status of the fishery and 
the skate resources following implementation of the Skate FMP.
    (1) Starting 1 year after implementation of the Skate FMP, the Skate 
PDT shall meet at least annually to review the status of the species in 
the skate complex. At a minimum, this review shall include annual 
updates to survey indices and a re-evaluation of stock status based on 
the updated survey indices and the FMP's overfishing.
    (2) If new and/or additional information becomes available, the 
Skate PDT shall consider it during this annual review. Based on this 
review, the shall provide guidance to the Skate Committee and the 
Council regarding the need to adjust measures in the Skate FMP to better 
achieve the FMP's objectives. Any suggested revisions to management 
measures may be implemented through the framework process specified in 
Sec. 648.321, or through an amendment to the FMP.
    (3) For overfished skate species, the Skate PDT and the Council will 
monitor the trawl survey index as a proxy for stock biomass. As long as 
the 3-year average of the appropriate weight per tow increases above the 
average for the previous 3 years, it is assumed that the stock is 
rebuilding to target levels. If the 3-year average of the appropriate 
survey mean weight per tow declines below the average for the previous 3 
years, then the Council is required to take management action to ensure 
that stock rebuilding will continue to target levels.
    (b) Biennial review. The Skate shall prepare a biennial Stock 
Assessment and Fishery Evaluation (SAFE) Report for the NE skate. The 
SAFE shall be the primary vehicle for the presentation of all updated 
biological and socio-economic information regarding the NE skate complex 
and its associated fisheries. The SAFE report shall provide source data 
for any adjustments to the management measures that may be needed to 
continue to meet the goals and objectives of the FMP.
    (c) Baseline review--(1) Baseline review process. If the Council 
initiates an action in another FMP that may make less restrictive one or 
more of the baseline measures described in paragraph (c)(2) of this 
section and as identified in the Skate FMP, or that may change one or 
more of the baseline measures such that the change is likely to have an 
effect on the overall mortality for a species of skate subject to a 
formal rebuilding program, the Skate PDT shall take the following action 
prior to the Council's final decision on the initiating action:
    (i) Evaluate the potential impacts of the proposed changes on 
rebuilding skate populations and overall mortality for the skate species 
subject to a formal rebuilding program, and develop, if the action would 
be inconsistent with the rebuilding plans, management measures (or 
modifications to the proposed action) to mitigate the impacts of the 
changes to the baseline measure(s) on rebuilding skates.
    (ii) If the Skate PDT recommends management measures to mitigate 
impacts, the Council shall include in the initiating action management 
measures to offset the changes to the baseline measures. The management 
measures recommended by the Council may be one or more of the measures 
recommended by the Skate PDT, or other suitable measures developed by 
the Council.
    (iii) If the Council fails to include in the initiating action 
management measures to offset the changes to the baseline measures when 
the Skate PDT recommends action, and cannot justify this lack of action, 
the Regional Administrator may implement one or more of the measures 
recommended by the Skate PDT through rulemaking consistent with the 
Administrative Procedure Act.
    (2) Baseline measures. The baseline review process, as described in 
paragraph (c)(1) of this section, is initiated by changes to any of the 
following management measures:
    (i) NE Multispecies year-round closed areas (Sec. 648.81);
    (ii) NE Multispecies DAS restrictions (Sec. 648.82);
    (iii) Gillnet gear restrictions (Sec. 648.82(k));

[[Page 702]]

    (iv) Lobster restricted gear areas (Sec. 697.23);
    (v) Gear restrictions for small mesh fisheries (Sec. 648.80(a)(5), 
(a)(9), and (a)(15));
    (vi) Monkfish DAS restrictions for Monkfish-Only permit holders 
(Sec. 648.92); or
    (vii) Scallop DAS restrictions (Sec. 648.53).



Sec. 648.321  Framework adjustment process.

    (a) Adjustment process. To implement a framework adjustment for the 
Skate FMP, the Council shall develop and analyze proposed actions over 
the span of at least two Council meetings (the initial meeting agenda 
must include notification of the impending proposal for a framework 
adjustment) and provide advance public notice of the availability of 
both the proposals and the analyses. Opportunity to provide written and 
oral comments shall be provided throughout the process before the 
Council submits its recommendations to the Regional Administrator.
    (1) Council review and analyses. In response to the annual review, 
or at any other time, the Council may initiate action to add or adjust 
management measures if it finds that action is necessary to meet or be 
consistent with the goals and objectives of the Skate FMP. After a 
framework action has been initiated, the Council will develop and 
analyze appropriate management actions within the scope of measures 
specified at Sec. 648.321(b). The Council will publish notice of its 
intent to take action and provide the public with any relevant analyses 
and opportunity to comment on any possible actions. Documentation and 
analyses for the framework adjustment shall be available at least 1 week 
before the final meeting.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council may make a recommendation to the 
Regional Administrator. The Council's recommendation shall include 
supporting rationale, an analysis of impacts required under paragraph 
(a)(1) of this section and a recommendation to the Regional 
Administrator on whether to issue the management measures as a final 
rule. If the Council recommends that the management measures should be 
issued directly as a final rule, the Council shall consider at least the 
following factors and provide support and analysis for each factor 
considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts; and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) If the Regional Administrator concurs with the Council's 
recommended management measures, they shall be published in the Federal 
Register. If the Council's recommendation is first published as a 
proposed rule and the Regional Administrator concurs with the Council's 
recommendation after receiving additional public comment, the measures 
shall then be published as a final rule in the Federal Register.
    (4) If the Regional Administrator approves the Council's 
recommendations, the Secretary may, for good cause found under the 
standard of the Administrative Procedure Act, waive the requirement for 
a proposed rule and opportunity for public comment in the Federal 
Register. The Secretary, in so doing, shall publish only the final rule. 
Submission of recommendations does not preclude the Secretary from 
deciding to provide additional opportunity for prior notice and comment 
in the Federal Register.
    (5) The Regional Administrator may approve, disapprove, or partially 
approve the Council's recommendation. If the Regional Administrator does 
not

[[Page 703]]

approve the Council's specific recommendation, the Regional 
Administrator must notify the Council in writing of the reasons for the 
action prior to the first Council meeting following publication of such 
decision.
    (b) Possible framework adjustment measures. Measures that may be 
changed or implemented through framework action, provided that any 
corresponding management adjustments can also be implemented through a 
framework adjustment, include:
    (1) Skate permitting and reporting;
    (2) Skate overfishing definitions and related targets and 
thresholds;
    (3) Prohibitions on possession and/or landing of individual skate 
species;
    (4) Skate possession;
    (5) Skate closed areas (and consideration of exempted gears and 
fisheries);
    (6) Seasonal skate fishery restrictions and specifications;
    (7) Target TACs for individual skate species;
    (8) Hard TACs/quotas for skates, including species-specific quotas, 
fishery quotas, and/or quotas for non-directed fisheries;
    (9) Establishing a mechanism for TAC set-asides to mitigate , 
conduct scientific research, or for other reasons;
    (10) Onboard observer requirements;
    (11) Gear modifications, requirements, restrictions, and/or 
prohibitions;
    (12) Minimum and/or maximum sizes for skates;
    (13) Adjustments to exemption area requirements, area coordinates 
and/or management lines established by the FMP;
    (14) Measures to address protected species issues, if necessary;
    (15) Description and identification of EFH;
    (16) Description and identification of habitat areas of particular 
concern;
    (17) Measures to protect EFH;
    (18) Adjustments and or/resetting of the ``baseline'' of management 
measures in other, described in Sec. 648.320(c);
    (19) OY and/or MSY specifications;
    (20) Changes to the Northeast Region SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, reports, and/or industry-funded 
observers or observer set-aside programs; and
    (21) Any other measures contained in the FMP.
    (c) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(c) of the Magnuson-Stevens Act.

[68 FR 49701, Aug. 19, 2003, as amended at 73 FR 4757, Jan. 28, 2008]



Sec. 648.322  Skate possession and landing restrictions.

    (a) Skate wing possession and landing limit. A vessel or operator of 
a vessel that has been issued a valid Federal skate permit under this 
part, provided the vessel fishes under an Atlantic sea scallop, NE 
multispecies, or monkfish DAS as specified at Sec. Sec. 648.53, 648.82, 
and 648.92, respectively, unless otherwise exempted under paragraph (b) 
of this section, may fish for, possess, and/or land up to the allowable 
daily and per trip limits specified as follows:
    (1) Possess up to 20,000 lb (9,072 kg) of skate wings (45,400 lb 
(20,593 kg) whole weight) per trip of greater than 24 hours in duration; 
or
    (2) Land up to 10,000 lb (4,536 kg) of skate wings (22,700 lb 
(10,296 kg) whole weight) per trip of 24 hours or less in duration.
    (b) Bait Letter of Authorization (LOA). A skate vessel owner or 
operator under this part may request and receive from the Regional 
Administrator an exemption from the skate wing possession limit 
restrictions, provided that the following requirements and conditions 
are met:
    (1) The vessel owner or operator obtains an LOA. LOAs are available 
upon request from the Regional Administrator.
    (2) The vessel owner/operator possesses and/or lands only whole 
skates less than 23 inches (58.42 cm) total length.
    (3) The vessel owner or operator fishes for, possesses, or lands 
skates only for use as bait.
    (4) Vessels that fish for, possess, and/or land any combination of 
skate wings and whole skates less than 23 inches (58.42 cm) total length 
must comply with the possession limit restrictions

[[Page 704]]

under paragraph (a) of this section for all skates or skate parts on 
board.
    (5) Any vessel owner/operator meets the requirements at Sec. 
648.13(h).
    (6) Skate bait-only possession limit LOA--The vessel owner or 
operator possesses and lands skates in compliance with this subpart for 
a minimum of 7 days.
    (c) Prohibitions on possession of skates. All vessels fishing in the 
EEZ portion of the Skate Management Unit are subject to the following 
prohibitions:
    (1) A vessel may not retain, possess, or land barndoor or thorny 
skates taken in or from the EEZ portion of the Skate Management Unit.
    (2) A vessel may not retain, possess, or land smooth skates taken in 
or from the GOM RMA described at Sec. 648.80(a)(1)(i).

[68 FR 49701, Aug. 19, 2003, as amended at 69 FR 22988, Apr. 27, 2004]



                        Sec. Figure 1 to Part 648

[[Page 705]]

[GRAPHIC] [TIFF OMITTED] TR09SE08.036


[[Page 706]]



[73 FR 52215, Sept. 9, 2008]



PART 654_STONE CRAB FISHERY OF THE GULF OF MEXICO--Table of Contents




                       Subpart A_General Measures

Sec.
654.1 Purpose and scope.
654.2 Definitions.
654.3 Relation to other laws.
654.4 Trap limitation program.
654.5 Recordkeeping and reporting. [Reserved]
654.6 Vessel and gear identification.
654.7 Prohibitions.
654.8 Facilitation of enforcement.
654.9 Penalties.

                      Subpart B_Management Measures

654.20 Seasons.
654.21 Harvest limitations.
654.22 Gear restrictions.
654.23 Southwest Florida seasonal trawl closure.
654.24 Shrimp/stone crab separation zones.
654.25 Prevention of gear conflicts.
654.26 Adjustment of management measures.
654.27 Specifically authorized activities.
654.28 Tortugas marine reserves.

Appendix A to Part 654--Figures
Figure 1--Stone Crab Claw
Figure 2--Southwest Florida Seasonal Trawl Closure
Figure 3--Shrimp/Stone Crab Separation Zones

    Authority: 16 U.S.C. 1801 et seq.

    Source: 60 FR 13919, Mar. 15, 1995, unless otherwise noted.



                       Subpart A_General Measures



Sec. 654.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for the Stone Crab Fishery of the Gulf of Mexico, prepared by the 
Gulf of Mexico Fishery Management Council under the Magnuson-Stevens 
Act.
    (b) This part governs conservation and management of stone crab and 
restricts the trawl fishery in the management area.
    (c) ``EEZ'' refers to the EEZ in the management area, unless the 
context clearly indicates otherwise.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



Sec. 654.2  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act and in 
Sec. 620.2 of this chapter, the terms used in this part have the 
following meanings:
    Management area means the EEZ off the coast of Florida from a line 
extending directly south from the Alabama/Florida boundary 
(87[deg]31[min]06[sec] W. long.) to a line extending directly east from 
the Dade/Monroe County, FL boundary (25[deg]20.4[min] N. lat.).
    Regional Administrator (RA) for the purposes of this part, means the 
Administrator, Southeast Region, NMFS, 9721 Executive Center Drive N., 
St. Petersburg, FL 33702, or a designee.
    Stone crab means Menippe mercenaria, M. adina, or their 
interbreeding hybrids, or a part thereof.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61991, 61993, Oct. 3, 
2002]



Sec. 654.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in Sec. 
600.705 of this chapter and paragraphs (b) and (c) of this section.
    (b) The regulations in this part are intended to be compatible with, 
and do not supersede, similar regulations in effect for the Everglades 
National Park (36 CFR 7.45).
    (c) The regulations in this part are intended to be compatible with 
similar regulations and statutes in effect in Florida's waters.

[60 FR 13919, Mar. 15, 1995, as amended at 63 FR 44595, Aug. 20, 1998; 
67 FR 61991, Oct. 3, 2002]



Sec. 654.4  Trap limitation program.

    The provisions of this section establish a Federal stone crab trap 
limitation program in the management area that complements the stone 
crab trap limitation program implemented by the Florida Fish and 
Wildlife Conservation Commission (FFWCC). The Federal program requires 
issuance of a commercial vessel permit, a trap certificate, and annual 
trap tags. A person in the management area who is in compliance with the 
FFWCC trap limitation program is exempt from the requirements of the 
Federal trap limitation program specified in this section.

[[Page 707]]

    (a) Commercial vessel permit requirements. Effective December 2, 
2002, for a person aboard a vessel, except a person who is in compliance 
with the FFWCC stone crab trap limitation program, to possess or use a 
stone crab trap, possess more than 1 gallon (4.5 L) of stone crab claws, 
or sell stone crab claws in or from the management area, a valid Federal 
commercial vessel permit for stone crab must have been issued to the 
vessel and must be on board.
    (1) Eligibility for a commercial vessel permit. The owner of a 
vessel is eligible to receive a Federal commercial vessel permit for 
stone crab if the owner provides documentation as specified in paragraph 
(a)(2) of this section substantiating his or her landings of a minimum 
of 300 lb (136 kg) of stone crab claws harvested from the management 
area or Florida's state waters during at least one of the stone crab 
fishing seasons, October 15 through May 15, for 1995/1996 through 1997/
1998. A person who has a valid stone crab trap certificate issued under 
the stone crab trap limitation program implemented by the FFWCC or a 
person whose Florida saltwater products license (SPL) has been suspended 
or revoked is not eligible for a Federal commercial vessel permit for 
stone crab.
    (2) Documentation of eligibility for a commercial vessel permit. The 
only acceptable source of documentation of stone crab claws landed in 
Florida is landings documented by the Florida trip ticket system. To be 
creditable toward the 300-lb (136-kg) minimum qualifying landings, 
Florida landings must be associated with a single Florida SPL. Landings 
of stone crab harvested from the management area or Florida's state 
waters but landed in a state other than Florida may be documented by 
dealer records. Such dealer records must definitively show the species 
known as stone crab and must include the vessel's name, official number, 
or other reference that provides a way of clearly identifying the 
vessel; dates and amounts of stone crab landings; and a sworn affidavit 
by the dealer confirming the accuracy and authenticity of the records. A 
sworn affidavit is an official written statement wherein the individual 
signing the affidavit affirms that the information presented is accurate 
and can be substantiated, under penalty of law. Documentation of 
landings are subject to verification by comparison with state, Federal, 
and other records and information. Submission of false documentation is 
a violation of the regulations in this part and may disqualify the owner 
from participation in the fishery.
    (3) Application for a commercial vessel permit. Applications for a 
commercial vessel permit for stone crab are available from the RA. A 
vessel owner (in the case of a corporation, an officer or shareholder; 
in the case of a partnership, a general partner) who desires such a 
permit must submit an application, including documentation of stone crab 
landings as specified in paragraphs (a)(1) and (2) of this section, to 
the RA postmarked or hand-delivered not later than January 31, 2003. 
Failure to apply in a timely manner will preclude permit issuance even 
when the vessel owner meets the eligibility criteria for such permit.
    (i) 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.
    (D) Documentation of eligibility as specified in paragraphs (a)(1) 
and (2) of this section.
    (E) The applicant's desired color code for use in identifying his or 
her vessel and buoys (white is not an acceptable color code).
    (F) Number of traps authorized under Sec. 654.4(b) that will be 
used and trap dimensions.
    (G) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, if 
specified on the application form.
    (H) Any other information that may be necessary for the issuance or 
administration of the permit, if specified on the application form.
    (ii) [Reserved]

[[Page 708]]

    (4) Notification of incomplete application. 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.
    (5) Change in application information. The owner of a vessel with a 
commercial vessel permit must notify the RA within 30 days after any 
change in the application information specified in paragraph (a)(3)(i) 
of this section. The permit is void if any change in the information is 
not reported within 30 days.
    (6) Initial commercial vessel permit issuance. (i) The RA will issue 
an initial commercial vessel permit for stone crab to an applicant if 
the applicant submits a complete application that complies with the 
requirements of paragraphs (a)(1), (2), and (3) of this section. An 
application is complete when all requested forms, information, and 
documentation have been received.
    (ii) If the eligibility requirements specified in paragraphs (a)(1) 
and (2) of this section are not met, the RA will notify the vessel owner 
of such determination and the reasons for it not later than 30 days 
after receipt of the application.
    (7) Appeal of initial denial of a commercial vessel permit--(i) 
General procedure. An applicant for a commercial vessel permit for stone 
crab who has complied with the application procedures in paragraph 
(a)(3) of this section and who initially has been denied such permit by 
the RA may appeal that decision to the RA. The appeal must be postmarked 
or hand-delivered to the RA not later than 60 days after the date of 
notification of the initial denial. An appeal must be in writing and 
must include copies of landing records relating to eligibility, such 
other reliable evidence upon which the facts related to issuance can be 
resolved, and a concise statement of the reasons the initial denial 
should be reversed or modified. An appeal constitutes the applicant's 
written authorization under section 402(b)(1)(F) of the Magnuson-Stevens 
Act for the RA to make available to the appellate officer(s) such 
confidential landings and other records as are pertinent to the matter 
under appeal. The applicant may request a hearing. The RA will appoint 
one or more appellate officers to review the appeal and make 
recommendations to the RA. The appellate officer(s) may recommend that 
the RA deny the appeal, issue a decision on the merits of the appeal if 
the records are sufficient to reach a final judgement, or conduct a 
hearing. The RA may affirm, reverse, modify, or remand the appellate 
officer(s) recommendation.
    (ii) Hearings. If the RA determines that a hearing is necessary and 
appropriate, the RA or appellate officer(s) will notify the applicant of 
the place and date of the hearing. The applicant will be allowed 30 days 
after the date of the notification of the hearing to provide 
supplementary documentary evidence in support of the appeal.
    (8) Duration of a commercial vessel permit. A commercial vessel 
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 the vessel is sold.
    (9) Transferability of a commercial vessel permit, trap certificate, 
or annual trap tags. A commercial vessel permit, trap certificate, or 
annual trap tags issued under this section are not transferable or 
assignable, except that an owner of a permitted vessel may request that 
the RA transfer the permit, trap certificate, and annual trap tags to 
another vessel owned by the same entity. To effect such a transfer, the 
owner must return the existing permit, trap certificate and annual trap 
tags to the RA along with an application for a commercial vessel permit 
for the replacement vessel. A commercial vessel permit, trap certificate 
or annual trap tags can not be leased.
    (10) Renewal of a commercial vessel permit. A commercial vessel 
permit required by this section is issued on an annual basis. An owner 
whose permit is expiring will be mailed a notification by the RA 
approximately 2 months prior to expiration of the current permit. The 
notification will include a preprinted renewal application. A vessel 
owner who does not receive a notification of status of renewal of a 
permit by 45 days prior to expiration of the current permit must contact 
the RA. A

[[Page 709]]

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 1 year of the expiration date of the 
permit.
    (11) Display of a commercial vessel permit. A commercial vessel 
permit issued under this section must be carried on board the vessel. 
The operator of a vessel must present the permit for inspection upon the 
request of an authorized officer.
    (12) Sanctions and denials of a commercial vessel permit. A 
commercial vessel 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.
    (13) Alteration of a commercial vessel permit. A commercial vessel 
permit that is altered, erased, or mutilated is invalid.
    (14) Replacement of a commercial vessel permit. A replacement permit 
may be issued. An application for a replacement permit is not considered 
a new application.
    (15) Fees. A fee is charged for each application for initial 
issuance or renewal of a permit, for each request for replacement of 
such permit, and for each trap tag as required under this section. 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 
replacement, or request for trap tags.
    (b) Issuance of a trap certificate and annual trap tags. The RA will 
issue a trap certificate and annual trap tags to each person who has 
been issued a Federal commercial vessel permit for stone crab. The 
number of trap tags issued will be determined, based upon the 
documentation of landings submitted consistent with Sec. 654.4(a)(1), 
(2) and (3), by dividing that person's highest landings of stone crab 
claws during any one of the fishing seasons for 1995/1996, 1996/1997, or 
1997/1998 by 5 lb (2.27 kg).

[67 FR 61991, Oct. 3, 2002]



Sec. 654.5  Recordkeeping and reporting. [Reserved]



Sec. 654.6  Vessel and gear identification.

    An owner or operator of a vessel for which a valid Federal 
commercial vessel permit for stone crab has been issued must comply with 
the vessel and gear identification requirements of this section. An 
owner or operator of a vessel in the management area who is in 
compliance with the stone crab trap limitation program and vessel and 
gear marking requirements implemented by the FFWCC is exempt from the 
requirements of this section.
    (a) Vessel identification. An owner or operator of a vessel for 
which a valid Federal commercial vessel permit for stone crab has been 
issued must--
    (1) Display the vessel's 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) Display the color code assigned by the RA--(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.

[[Page 710]]

    (3) Keep the official number and the color code clearly legible and 
in good repair and 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 from an enforcement vessel or 
aircraft.
    (b) Gear identification--(1) Traps. A stone crab trap used by or 
possessed on board a vessel with a Federal commercial vessel permit for 
stone crab must have a valid annual trap tag issued by the RA attached.
    (2) Trap buoys. A buoy must be attached to each stone crab trap or 
at each end of a string of traps. Each buoy must display the official 
number and the color code assigned by the RA so as to be easily 
distinguished, located, and identified.
    (3) Presumption of trap ownership. A stone crab trap will be 
presumed to be the property of the most recently documented owner. This 
presumption will not apply to traps that are lost if the owner reports 
the loss within 15 days to the RA.
    (4) Unmarked traps or buoys. An unmarked stone 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.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



Sec. 654.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Falsify or fail to display and maintain vessel and gear 
identification, as required by Sec. 654.6.
    (b) Possess a stone crab in the management area during the period 
specified in Sec. 654.20(a).
    (c) Possess a stone crab trap in the management area during the 
period specified in Sec. 654.20(c).
    (d) Remove from a stone crab in or from the management area, or 
possess in the management area, a claw that is less than the minimum 
size limit specified in Sec. 654.21(a).
    (e) Fail to return immediately to the water unharmed an egg-bearing 
stone crab, or strip eggs from or otherwise molest an egg-bearing stone 
crab; as specified in Sec. 654.21(b).
    (f) Hold a stone crab in or from the management area aboard a vessel 
other than as specified in Sec. 654.21(c).
    (g) Use or possess in the management area a stone crab trap that 
does not comply with the trap construction requirements as specified in 
Sec. 654.22(a).
    (h) Pull or tend a stone crab trap in the management area other than 
during daylight hours, as specified in Sec. 654.22(b).
    (i) Willfully tend, open, pull, or otherwise molest another 
fisherman's trap, buoy, or line in the management area, as specified in 
Sec. 654.22(c).
    (j) Trawl in a closed area or during a closed season, as specified 
in Sec. Sec. 654.23 or 654.24, or as may be implemented under Sec. 
654.25(b).
    (k) Place a stone crab trap in a closed area or during a closed 
season, as specified in Sec. 654.24, or as may be implemented under 
Sec. 654.25(b).
    (l) Interfere with fishing or obstruct or damage fishing gear or the 
fishing vessel of another, as specified in Sec. 654.25(a).
    (m) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of stone crab.
    (n) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson-Stevens Act.
    (o) Fish for any species or anchor a fishing vessel in a marine 
reserve as specified in Sec. 654.28.
    (p) Except for a person who is in compliance with the FFWCC stone 
crab trap limitation program, possess or use a stone crab trap, possess 
more than 1 gallon (4.5 L) of stone crab claws, or sell stone crab claws 
in or from the management area without a commercial vessel permit as 
specified in Sec. 654.4(a).
    (q) Falsify information on an application for a commercial vessel 
permit or submitted in support of such application as specified in Sec. 
654.4(a)(1) or (2).

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 47469, July 19, 2002; 
67 FR 61993, Oct. 3, 2002]

[[Page 711]]



Sec. 654.8  Facilitation of enforcement.

    See Sec. 600.730 of this chapter.

[67 FR 61993, Oct. 3, 2002]



Sec. 654.9  Penalties.

    See Sec. 600.735 of this chapter.

[67 FR 61993, Oct. 3, 2002]



                      Subpart B_Management Measures



Sec. 654.20  Seasons.

    (a) Closed season. No person may possess a stone crab in the 
management area from 12:01 a.m., local time, May 16, through 12 p.m. 
midnight, local time, October 14, each year. Holding a stone crab in a 
trap in the water during a soak period or during a removal period (see 
paragraph (b) of this section), or during any extension thereto, is not 
deemed possession, provided that, if the trap is removed from the water 
during such period, such crab is returned immediately to the water with 
its claws unharvested.
    (b) Placement of traps--(1) Prior to the fishing season. The period 
of October 5 through October 14 is established as a trap soak period. A 
stone crab trap may be placed in the management area not earlier than 1 
hour before sunrise on October 5.
    (2) After the fishing season. The period of May 16 through May 20 is 
established as a trap removal period. A stone crab trap must be removed 
from the management area not later than 1 hour after sunset on May 20, 
unless an extension to the removal period is granted under paragraph 
(b)(2)(i) of this section and the extension authorization is carried 
aboard the fishing vessel as specified in paragraph (b)(2)(ii) of this 
section.
    (i) An extension of the removal period may be granted by Florida in 
accordance with Rule 46-13.002(2)(b), Florida Administrative Code, in 
effect as of April 14, 1995. 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. Copies may be 
obtained from the Florida Marine Fisheries Commission, 2540 Executive 
Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904-
487-0554. Copies may be inspected at the office of the Regional 
Administrator, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.
    (ii) The extension authorization must be carried aboard the fishing 
vessel. The operator of a fishing vessel must present the authorization 
for inspection upon request of an authorized officer.
    (c) Possession of stone crab traps. A stone crab trap may not be 
possessed in the management area from the end of the trap removal 
period, or an extension thereto, to the beginning of the trap soak 
period, as specified in paragraph (b) of this section. A stone crab 
trap, float, or rope in the management area during this period 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, float, or rope remains 
subject to appropriate civil penalties.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002; 69 
FR 18803, Apr. 9, 2004]



Sec. 654.21  Harvest limitations.

    (a) Claw size. No person may remove from a stone crab in or from the 
management area, or possess in the management area, a claw with a 
propodus measuring less than 2.75 inches (7.0 cm), measured in a 
straight line from the elbow to the tip of the lower immovable finger. 
The propodus is the largest section of the claw assembly that has both a 
movable and immovable finger and is located farthest from the body when 
the entire appendage is extended. (See Appendix A, Figure 1, of this 
part.)
    (b) Egg-bearing stone crabs. An egg-bearing stone crab in or from 
the management area must be returned immediately to the water unharmed--
without removal of a claw. An egg-bearing stone crab may not be stripped 
of its eggs or otherwise molested.

[[Page 712]]

    (c) Holding stone crabs. A live stone crab in or from the management 
area may be held aboard a vessel until such time as a legal-sized claw 
is removed, provided it is held in a container that is shaded from 
direct sunlight and it is wet with sea water as necessary to keep it in 
a damp condition. Containers holding stone crabs must be stacked in a 
manner that does not compress the crabs. A stone crab body from which a 
legal-sized claw has been removed must be returned to the sea before the 
vessel reaches shore or a port or dock.



Sec. 654.22  Gear restrictions.

    (a) Trap construction requirements. No person fishing for stone crab 
may transport on the water or fish with any trap which does not meet the 
following requirements:
    (1) Each trap must be constructed of wood, plastic, or wire.
    (2) A trap may be no larger in dimension than 24 by 24 by 24 inches 
(61 by 61 by 61 cm) or 8.0 ft\3\ (0.23 m\3\).
    (3) The throats (entrances) to all wood and plastic traps must be 
located on the top horizontal section of the trap. If the throat is 
longer in one dimension, the throat size in the longer dimension must 
not exceed 5\1/2\ inches (14.0 cm) and in the shorter dimension must not 
exceed 3\1/2\ inches (9.0 cm). If the throat is round, the throat size 
must not exceed 5 inches (12.7 cm) in diameter.
    (4) In any wire trap used to harvest stone crabs, each throat must 
be horizontally oriented. The width of the opening where the throat 
meets the vertical wall of the trap and the opening of the throat at its 
farthest point from the vertical wall, inside the trap, must be greater 
than the height of any such opening. No such throat may extend farther 
than 6 inches (15.2 cm) into the inside of any trap, measured from where 
the throat opening meets the vertical wall of the trap to the throat 
opening at its farthest point from the vertical wall, inside the trap.
    (5) A wire trap must have at least three unobstructed escape rings 
installed, each with a minimum inside diameter of 2\3/8\ inches (6.0 
cm). One such escape ring must be located on a vertical outer surface 
adjacent to each crab retaining chamber.
    (6) A plastic or wire trap must have a degradable panel.
    (i) A plastic trap will be considered to have degradable panel if it 
contains at least one sidewall with a rectangular opening no smaller in 
either dimension than that of the throat. This opening may be obstructed 
only with a cypress or untreated pine slat or slats no thicker than \3/
4\ inch (1.9 cm) such that when the slat degrades, the opening in the 
sidewall of the trap will no longer be obstructed.
    (ii) A wire trap will be considered to have a degradable panel if 
one of the following methods is used in construction of the trap:
    (A) The trap lid tie-down strap is secured to the trap at one end by 
a single loop of untreated jute twine, a corrodible loop composed of 
non-coated steel wire measuring 24 gauge or thinner, or an untreated 
pine dowel no larger than 2 inches (5.1 cm) in length by \3/8\ inch 
(0.95 cm) in diameter. The trap lid must be secured so that when the 
jute, corrodible loop, or pine dowel degrades, the lid will no longer be 
securely closed.
    (B) The trap contains at least one sidewall with a vertical 
rectangular opening no smaller in either dimension than 6 inches (15.2 
cm) in height by 3 inches (7.6 cm) in width. This opening may be laced, 
sewn, or otherwise obstructed by--
    (1) A single length of untreated jute twine knotted only at each end 
and not tied or looped more than once around a single mesh bar;
    (2) Untreated pine slat(s) no thicker than \3/8\ inch (0.95 cm);
    (3) Non-coated steel wire measuring 24 gauge or thinner;
    (4) A panel of ferrous single-dipped galvanized wire mesh made of 24 
gauge or thinner wire; or
    (5) A rectangular panel made of any material, fastened to the trap 
at each of the four corners of the rectangle by rings made of non-coated 
24 gauge or thinner wire or single strands of untreated jute twine. When 
the jute, untreated pine slat(s), non-coated steel wire, wire mesh 
panel, or corner fasteners degrade, the opening in the sidewall of the 
trap must no longer be obstructed.

[[Page 713]]

    (b) Daylight hours. A stone crab trap in the management area may be 
pulled or tended during daylight hours only--that is, from 1 hour before 
sunrise to 1 hour after sunset.
    (c) Gear belonging to others. No fisherman may willfully tend, open, 
pull, or otherwise molest another fisherman's trap, buoy, or line in the 
management area without the prior written consent of that fisherman.

[60 FR 13919, Mar. 15, 1995, as amended at 65 FR 31835, May 19, 2000]



Sec. 654.23  Southwest Florida seasonal trawl closure.

    From January 1 to 1 hour after sunset (local time) May 20, each 
year, the area described in this section is closed to trawling, 
including trawling for live bait. The area is that part of the 
management area shoreward of a line connecting the following points (see 
Appendix A, Figure 2, of this part):

------------------------------------------------------------------------
                                                  North         West
                    Point                       Latitude      Longitude
------------------------------------------------------------------------
B \1\.......................................  26[deg]16[mi  81[deg]58.5[
                                                        n]          min]
C...........................................  26[deg]00[mi  82[deg]04[mi
                                                        n]            n]
D...........................................  25[deg]09[mi  81[deg]47.6[
                                                        n]          min]
E...........................................  24[deg]54.5[  81[deg]50.5[
                                                      min]          min]
M \1\.......................................  24[deg]49.3[  81[deg]46.4[
                                                      min]         min]
------------------------------------------------------------------------
\1\ On the seaward limit of Florida's waters.



Sec. 654.24  Shrimp/stone crab separation zones.

    Five zones are established in the management area and Florida's 
waters off Citrus and Hernando Counties for the separation of shrimp 
trawling and stone crab trapping. The zones are as shown in Appendix A, 
Figure 3, of this part. Although Zone II is entirely within Florida's 
waters, it is included in this section and Appendix A, Figure 3, of this 
part for the 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 46-38.001, Florida Administrative Code. Geographical 
coordinates of the points referred to in this paragraph and shown in 
Appendix A, Figure 3, of this part are as follows (loran readings are 
unofficial and are included only for the convenience of fishermen):

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Loran Chain 7980
                  Point                          North latitude                West  longitude       ---------------------------------------------------
                                                                                                           W            X            Y            Z
--------------------------------------------------------------------------------------------------------------------------------------------------------
A.......................................  28[deg]59[min]30[sec]         82[deg]45[min]36[sec]             14416.5      31409.4      45259.1      62895.3
B.......................................  28[deg]59[min]30[sec]         83[deg]00[min]10[sec]             14396.0      31386.3      45376.8      63000.0
C.......................................  28[deg]26[min]01[sec]         82[deg]59[min]47[sec]             14301.5      31205.9      45103.2      63000.0
D.......................................  28[deg]26[min]01[sec]         82[deg]56[min]54[sec]             14307.0      31212.2      45080.0      62981.3
E.......................................  28[deg]41[min]39[sec]         82[deg]55[min]25[sec]             14353.7      31300.2      45193.9      62970.0
F.......................................  28[deg]41[min]39[sec]         82[deg]56[min]09[sec]             14352.4      31298.6      45199.4      62975.0
G.......................................  28[deg]48[min]56[sec]         82[deg]56[min]19[sec]             14372.6      31337.2      45260.0      62975.0
H.......................................  28[deg]53[min]51[sec]         82[deg]51[min]19[sec]             14393.9      31371.8      45260.0      62938.7
I.......................................  28[deg]54[min]43[sec]         82[deg]44[min]52[sec]               (\1\)        (\1\)        (\1\)        (\1\)
J.......................................  28[deg]51[min]09[sec]         82[deg]44[min]00[sec]               (\2\)        (\2\)        (\2\)        (\2\)
K.......................................  28[deg]50[min]59[sec]         82[deg]54[min]16[sec]             14381.6      31351.8      45260.0      62960.0
L.......................................  28[deg]41[min]39[sec]         82[deg]53[min]56[sec]             14356.2      31303.0      45181.7      62960.0
M.......................................  28[deg]41[min]39[sec]         82[deg]38[min]46[sec]               (\3\)        (\3\)        (\3\)        (\3\)
N.......................................  28[deg]41[min]39[sec]         82[deg]53[min]12[sec]             14357.4      31304.4      45176.0      62955.0
O.......................................  28[deg]30[min]51[sec]         82[deg]55[min]11[sec]             14323.7      31242.4      45104.9      62970.0
P.......................................  28[deg]40[min]00[sec]         82[deg]53[min]08[sec]             14352.9      31295.7      45161.8      62955.0
Q.......................................  28[deg]40[min]00[sec]         82[deg]47[min]58[sec]             14361.3      31305.4      45120.0      62920.0
R.......................................  28[deg]35[min]14[sec]         82[deg]47[min]47[sec]             14348.6      31280.6      45080.0      62920.0
S.......................................  28[deg]30[min]51[sec]         82[deg]52[min]55[sec]             14327.7      31247.0      45086.6      62955.0
T.......................................  28[deg]27[min]46[sec]         82[deg]55[min]09[sec]             14315.2      31225.8      45080.0      62970.0
U.......................................  28[deg]30[min]51[sec]         82[deg]52[min]09[sec]             14329.1      31248.6      45080.0     62949.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Crystal River Entrance Light 1A.
\2\ Long Pt. (southwest tip).
\3\ Shoreline.

    (a) 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 
during the period October 5 through May 20, each year.
    (b) Zone II is enclosed by rhumb lines connecting, in order, points 
J, I, H, K,

[[Page 714]]

L, and M, plus the shoreline between points J and M.
    (c) 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 during the period October 5 through May 20, each 
year.
    (d) Zone IV is enclosed by rhumb lines connecting, in order, points 
E, N, S, O, and E.
    (1) It is unlawful to place a stone crab trap in that part of Zone 
IV that is in the EEZ during the periods October 5 through December 1, 
and April 2 through May 20, each year.
    (2) It is unlawful to trawl in that part of Zone IV that is in the 
EEZ during the period December 2 through April 1, each year.
    (e) Zone V is enclosed by rhumb lines connecting, in order, points 
F, G, K, L, and F.
    (1) It is unlawful to place a stone crab trap in that part of Zone V 
that is in the EEZ during the periods October 5 through November 30, and 
March 16 through May 20, each year.
    (2) It is unlawful to trawl in that part of Zone V that it is in the 
EEZ during the period December 1 through March 15, each year.
    (f) A stone crab trap, float, or rope in the management area during 
a period not authorized by this section 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, float, or rope remains subject to appropriate civil 
penalties. A stone crab trap will be presumed to be the property of the 
most recently documented owner.



Sec. 654.25  Prevention of gear conflicts.

    (a) No person may knowingly place in the management area 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 limitations of the Fishery 
Management Plan for the Stone Crab Fishery of the Gulf of Mexico, the 
Regional Administrator may modify or establish separation zones for 
shrimp trawling and the use of fixed gear as may be necessary and 
appropriate to prevent gear conflicts. Necessary prohibitions or 
restrictions will be published in the Federal Register.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



Sec. 654.26  Adjustment of management measures.

    In accordance with the procedures and limitations of the fishery 
management plan for the Stone Crab Fishery of the Gulf of Mexico, the 
Regional Administrator may establish or modify the following management 
measures: Limitations on the number of traps that may be fished by each 
vessel; construction characteristics of traps; gear and vessel 
identification requirements; gear that may be used or prohibited in a 
directed fishery; bycatch levels in non-directed fisheries; seasons; 
soak/removal periods and requirements for traps; use, possession and 
handling of stone crabs aboard vessels; and minimum legal sizes.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



Sec. 654.27  Specifically authorized activities.

    The Regional Administrator may authorize, for the acquisition of 
information and data, activities otherwise prohibited by the regulations 
in this part.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



Sec. 654.28  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[deg]40[min]00[min] N. lat., 83[deg]06[min]00[min] W. long. to point B 
at 24[deg]46[min]00[min] N. lat., 83[deg]06[min]00[min] W. long. to 
point C at 24[deg]46[min]00[min] N. lat., 83[deg]00[min]00[min] 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[deg]40[min]00[min] N. lat., 83[deg]06[min]00[min] W. long.

[[Page 715]]

    (b) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A                                             24[deg]33[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
B                                             24[deg]33[mi  83[deg]05[mi
                                                 n]00[min]     n]00[min]
C                                             24[deg]18[mi  83[deg]05[mi
                                                 n]00[min]     n]00[min]
D                                             24[deg]18[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
A                                             24[deg]33[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
------------------------------------------------------------------------


[67 FR 47469, July 19, 2002]



                  Sec. Appendix A to Part 654--Figures

Figure 1--Stone Crab Claw
Figure 2--Southwest Florida Seasonal Trawl Closure
Figure 3--Shrimp/Stone Crab Separation Zones

[[Page 716]]

[GRAPHIC] [TIFF OMITTED] TC03MR91.064


[[Page 717]]


[GRAPHIC] [TIFF OMITTED] TC03MR91.065


[[Page 718]]


[GRAPHIC] [TIFF OMITTED] TC03MR91.066

                        PARTS 655-659 [RESERVED]


[[Page 719]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 721]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2009)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)

[[Page 722]]

      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)

[[Page 723]]

       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

[[Page 724]]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)

[[Page 725]]

      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

[[Page 726]]

     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)

[[Page 727]]

         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

[[Page 728]]

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)

[[Page 729]]

        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)

[[Page 730]]

        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)

[[Page 731]]

        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

[[Page 732]]

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)

[[Page 733]]

    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)

[[Page 734]]

        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)

[[Page 735]]

            Chapters 62--100 [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
            Chapters 103--104 [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

[[Page 736]]

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899) 
                [Reserved]
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)

[[Page 737]]

       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)

[[Page 738]]

        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

[[Page 739]]

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 741]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2009)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 742]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 743]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99

[[Page 744]]

  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II

[[Page 745]]

General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII

[[Page 746]]

Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V

[[Page 747]]

  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII

[[Page 748]]

National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Recovery Accountability and Transparency Board    4, II
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
   National Security Council
[[Page 749]]

Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8

[[Page 750]]

Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 751]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

50 CFR
                                                                   66 FR
                                                                    Page
Chapter VI
600 Fishing restrictions..............................2389, 22469, 35388
    Specifications......................2338, 10209, 18409, 28676, 28846
    Technical correction....................................38162, 55599
    Inseason adjustments....................................50851, 63199
    Temporary regulations..........................................54721
600.120 Revised....................................................57886
600.125 Revised....................................................57887
600.135 Revised....................................................57887
600.150 Revised....................................................57887
600.155 Revised....................................................57887
600.205 Revised....................................................57888
600.245 (a) removed; (b), (c) and (d) redesignated as (a), (b) and 
        (c)........................................................57888
600.518 (b)(1) table revised.......................................28132
622 Temporary regulations.......7591, 11237, 13440, 15357, 33917, 35761, 
                                              54723, 57396, 58410, 60161
    Policy statement...............................................16618
    Inseason adjustments...........................................32779
622.31 Regulation at 65 FR 56502 eff. date extended through 9-14-
        01.........................................................14862
622.39 (c)(1)(ii) revised..........................................17369
622.42 (c)(1)(i) revised...........................................17369
622.44 (a)(2)(i) and (d)(4)(i) revised.............................17370
635 Quotas.........................55, 46400, 46401, 49321, 53346, 57397
    Retention limits........................................31844, 40151
    Fishing season notification....................................33918
    Quota specifications...........................................37421
    Inseason adjustment.....................................42805, 64378
    Temporary regulations............................46401, 48221, 54165
    Closure........................................................63002
635.2 Amended.......................................................8904
    Amended; eff. 7-11-01 through 1-9-02...........................36712
635.4 (d)(3) stayed; (d)(6) added..................................29511
    (b)(1) and (d)(1), (2) and (3) revised.........................30652
635.5 (a)(1) amended...............................................30653
    (a)(3), (b)(1)(i), (ii), (iii), (2)(i), (ii)(A) and (B) 
revised............................................................42804
635.6 (b)(1) introductory text and (iii) revised...................42804
635.7 (d) revised; interim.........................................17372
635.20 (e)(1) stayed; eff. 3-6-01 through 9-4-01...................13443
    (f)(1) amended.................................................42804
    (e)(1) suspended (temporary)...................................67121
635.21 (c)(2)(ii) and (iii) revised.................................8904
    (c) introductory text amended; (c)(5) added; interim...........17372
    (a)(3) added; eff. 9-15-01 through 1-9-02; (c)(2) stayed; 
(c)(6) added; eff. 7-15-01 through 1-9-02; (c)(5)(iii) added; eff. 
8-1-01 through 1-9-02..............................................36714
635.22 (c) amended..................................................8904
635.27 (b)(1)(iii) revised..........................................8904
    (b)(1)(i), (ii), (iv)(A) and (c) stayed; (b)(1)(v) and (vi) 
added; eff. 3-6-01 through 9-4-01..................................13443
    (a)(2)(i), (ii) and (iii) revised..............................42805
    (b)(1)(i), (ii), (iv)(A) and (C) suspended; (b)(1)(iv)(D), (v) 
and (vi) added.....................................................67121

[[Page 752]]

635.28 (b)(1) stayed; (b)(4) added; eff. 3-6-01 through 9-4-01.....13443
635.41 (a) introductory text, (1), (2) and (b) amended.............42805
635.42 (a) heading, (1), (2), (3), (b) heading, (1), (2) and (3) 
        amended....................................................42805
635.43 (a)(2), (5), (12), (b) and (c) amended......................42805
635.44 (a) and (b) amended.........................................42805
635.45 Amended.....................................................42805
635.47 Amended.....................................................42805
635.69 Stayed.......................................................1907
635.71 (a)(33) and (34) added; interim.............................17373
    (a)(27) amended................................................30653
    (a)(24), (b)(25) and (26) amended; (a)(35) and (b)(28) added; 
(b)(5) and (6) revised.............................................42805
640 Figure 1 correctly added; CFR correction.......................49135
648 Quotas........8904, 27615, 29729, 41151, 57398, 58073, 63002, 65660, 
                                                                   67122
    Regulation at 65 FR 82944 eff. date delayed.....................9778
    Allowable catch levels.........................................15812
    Temporary regulations......16151, 27043, 29238, 31184, 33210, 37165, 
                         41454, 43122, 45785, 48011, 55599, 56041, 58074
    Specifications.................................................28846
    Technical corrections..........................................47413
    Suspension of surf clam minimum size limit.....................54723
    Inseason adjustment............................................56039
    Daily trip limit...............................................56040
    Fishery management measures....................................65454
648.1 (a) amended; eff. 11-01-01...................................49142
648.2 Amended; eff. 11-01-01.......................................49142
648.4 (a)(3)(iii) revised..........................................36210
    (a)(12) added; (b) revised; eff. 11-01-01......................49142
648.5 (a) amended; eff. 11-01-01...................................49143
648.6 (a)(1) revised; eff. 11-01-01................................49144
648.7 (a)(2)(i) amended; (b)(1)(iv) added; eff. 11-01-01...........49144
648.10 (b)(1) introductory text amended.....................21643, 24056
648.11 (a) amended (e) revised; eff. 11-01-01......................49144
648.12 Introductory text revised; eff. 11-01-01....................49144
648.14 Regulation at 65 FR 77466 eff. date delayed in part.........12438
    (a)(84), (92), (122) and (u)(9) revised; (a)(123) removed......12910
    (a)(38), (39), (40) and (h)(27) revised; (a)(110), (111), 
(h)(29) through (33), (i)(8) and (9) added..................21644, 24056
    (aa)(7) added..................................................22476
    (a)(80) and (u)(2) revised.....................................39291
    (j) introductory text, (k) introductory text, (l) introductory 
text, (m) introductory text, (p) introductory text, (q) 
introductory text, (u) introductory text, (v) introductory text 
and (w) introductory text revised..................................42158
    (x)(11) and (cc) added; eff. 11-01-01..........................49144
    (a)(92) and (u)(1) revised.....................................66357
648.21 (e) revised.................................................13028
    (f) revised....................................................35566
    (a), (b) and (c) revised; (g) added............................42159
648.22 (a) revised.................................................13028
648.52 Heading, (a) and (c) revised; (d) and (e) added......21644, 24056
648.53 (b) table revised....................................21644, 24057
648.57 Added; interim...............................................9679
    Heading, (a) introductory text and (b) introductory text 
revised.....................................................21645, 24057
    Added..........................................................45785
648.58 Revised..............................................21645, 24057
648.80 (h)(1) revised.......................................21647, 24060
648.81 (a)(1) introductory text, (b)(1) introductory text, (2)(ii) 
        and (c)(1) introductory text revised................21647, 24060
648.86 (a)(2)(iii) revised..................................21648, 24060
648.88 (c) revised..........................................21648, 24060
648.100 Regulation at 65 FR 47649 eff. date delayed.................8091
    Revised........................................................36211
    (a), (b) and (d) revised; (f) added............................42160
    Corrected......................................................45187
648.101 Regulation at 65 FR 47650 eff. date delayed.................8091
648.102 Revised.............................................36212, 39291
648.103 (b) revised.........................................36212, 39291
648.104 Regulation at 65 FR 47650 eff. date delayed.................8091
648.105 (a) amended................................................36212
    (a) revised....................................................39292
648.107 Regulation at 65 FR 47651 eff. date delayed.................8091

[[Page 753]]

    Revised........................................................36212
648.120 (b)(2) revised.............................................12911
    (a) revised....................................................39292
    (a), (b) introductory text, (1), (4) and (c) revised; (e) 
added..............................................................42161
    Corrected; (b)(6) correctely revised...........................45187
648.122 (a), (b) and (c) revised; (d) removed......................12911
    Heading revised; (g) added.....................................39292
648.123 (a)(1) and (5) revised.....................................12911
    (a)(1) revised.................................................66357
648.124 (b) revised................................................39292
648.125 (a) revised................................................39292
648.140 (b)(2) revised.............................................12911
    (a), (b) introductory text, (1), (6) and (c) revised; (e) 
added..............................................................42161
648.142 Revised....................................................39292
648.143 (b) amended................................................39292
    (a) revised....................................................66357
648.144 (a)(1)(i) and (b)(2) revised...............................66357
648.145 Introductory text removed; (a), (b) and (c) redesignated 
        as (b), (c) and (d); new (a) added.........................39292
    (d) revised....................................................66358
648.160 (a) revised................................................23627
    (a) through (d) revised; (h) added.............................42162
648.164 (a) amended................................................23627
648.205 Regulation at 65 FR 77469 eff. date delayed in part........12438
648.230 (d)(1) revised.............................................22476
648.235 Added......................................................22476
648.260--648.268 (Subpart M) Added; interim; eff. 5-18-01 through 
        11-14-01...................................................23184
    (Subpart M) Regulation at 66 FR 23184 eff. date extended.......56781
648.262 (a) amended; eff. 7-18-01 through 11-14-01; interim........38166
648.263 (a) amended; eff. 7-18-01 through 11-14-01; interim........38166
648.265 (a) stayed; (c) amended; (d) added; eff. 7-18-01 through 
        11-14-01; interim..........................................38166
648.268 (a)(1) and (5) amended; eff. 7-18-01 through 11-14-01; 
        interim....................................................38166
648.290--648.294 (Subpart N) Added; eff. 11-01-01..................49145

                                  2002

50 CFR
                                                                   67 FR
                                                                    Page
Chapter VI
600 Temporary regulations....................................1540, 57534
    Technical correction....3821, 3823, 3824, 7289, 15338, 40871, 48571, 
                                                                   55166
    Fishery management measures...............10490, 61824, 62204, 70018
    Fishery management measures; eff. 9-10-02 through 3-12-03......57973
    Inseason adjustment.....................................30604, 44778
600.10 Amended...............................................2375, 64312
600.746 (c)(1) introductory text revised...........................64312
600.805--600.815 (Subpart J) Revised................................2376
600.905--600.930 (Subpart K) Revised................................2376
600.1019--600.1023 (Subpart M) Added................................6200
622 Temporary regulations.............................4210, 14660, 44569
    Comment request.................................................4677
    Fishery management measures.......10113, 50367, 65902, 72112, 71901, 
                                                                   71902
    Trip limit reduction...........................................11055
    Policy statement...............................................21598
622.1 (b) Table 1 amended..........................................22362
622.2 Amended......................................................51078
622.4 (a)(2)(vi) amended...........................................22362
    (a)(1) and (g) revised; (r) added..............................43562
    (a)(2)(ix) added; eff. 12-5-02.................................51078
    (r) introductory text, (1) and (6) amended; (r)(1), (6) and 
(8)(v) suspended in part; (r)(8)(vi) added; eff. 12-17-02 to 6-16-
03.................................................................77195
622.5 (b)(1) revised; eff. 12-26-02................................43565
622.6 (b)(1)(i)(B) amended.........................................22362
    (a)(1)(i) introductory text revised; eff. 12-5-02..............51078
622.7 (z) revised..................................................22361
    (b) and (f) revised............................................43565
622.17 Revised.....................................................22361
622.31 (k) added...................................................51079
622.34 (d) revised.................................................47468
622.38 (h) amended.................................................22362
622.40 (b)(3)(i) amended; (b)(3)(ii)(B) and (d)(2)(ii) revised.....22362
622.43 (a)(3)(ii) revised; eff. 12-26-02...........................43565
622.48 (g) revised.................................................22362
635 Technical correction............................................8211
    Inseason adjustments.............................39869, 47470, 59477
    Temporary regulations..........................................56934

[[Page 754]]

    Quotas.........................................................61537
    Fishery management measures.......61537, 63854, 66072, 68045, 71487, 
                                                                   77433
635.2 Amended...............................................45400, 77436
635.4 (a)(1), (2), (5), (b), (d)(1), (2), (3), (h)(1) introductory 
        text and (m)(1) revised; (c) added.........................77436
635.5 (a)(4) and (5) added.........................................45400
    (c) amended....................................................77437
635.6 (b)(1) introductory text revised; (c)(1) amended.............77437
635.20 Regulation at 66 FR 67121 eff. date extended to 12-30-02....37354
    (e)(1) suspended; eff. 12-31-02 to 6-30-03.....................78993
635.21 (a)(4), (c)(5)(iii) and (6)(v) amended.......................1669
    (a)(3), (c)(5)(iii), (d)(3)(v) and (vi) added; (c)(2) and 
(d)(3)(iv) revised; eff. 10-7-02...................................45400
    (a)(4) added...................................................47469
635.22 (a), (c) and (d) revised....................................77437
635.23 (b) introductory text, (2), (3), (c) introductory text and 
        (3) revised................................................77438
635.25 Added.......................................................70026
635.27 Regulation at 66 FR 67121 eff. date extended to 12-30-02....37354
    (c) revised....................................................70026
    (a) introductory text amended, (1)(i) introductory text and 
(2) introductory text amended......................................77438
    (b)(1)(i) and (ii) suspended; (b)(1)(v) and (vi) added.........78993
635.28 Regulation at 66 FR 67121 eff. date extended to 12-30-02....37354
    (b)(3) revised.................................................77438
    (b)(1) and (2) suspended; (b)(4) and (5) added.................78993
635.30 (c)(1), (2) and (3) revised..................................6201
635.31 (c)(3) and (5) revised.......................................6201
    (a)(1) revised.................................................77438
635.45 Revised.....................................................70027
635.47 Revised.....................................................70027
635.71 (d)(6) and (7) revised.......................................6201
    (a)(36) and (37) added.........................................45401
    (a)(30) revised................................................47469
    (a)(24) and (29) revised; (a)(3)(8) added......................70027
    (b)(1), (3), (14) and (15) revised.............................77439
640.7 (v) added....................................................47469
640.26 Added.......................................................47469
648 Temporary regulations.......1909, 20056, 37725, 38908, 44570, 45401, 
                                              50604, 53520, 54747, 56765
    Quotas.....................................2824, 38908, 57758, 61040
    Inseason adjustment.....................................49621, 56229
    Fishery management measures.......62650, 63311, 64825, 66072, 69148, 
           70027, 70556, 71111, 71488, 72867, 76318, 76701, 78994, 79887
648.1 (a) amended..................................................63229
648.2 Amended; interim......................................21143, 50304
    Amended........................................................63229
648.4 (a)(5)(i) amended............................................44391
    (a)(1)(i)(I)(2) and (c)(2)(iii) revised; interim...............50304
    (a)(13) added..................................................63229
648.5 (a) amended..................................................63231
648.6 (a)(1) revised...............................................63231
648.7 (b)(1)(iii)(B) revised; (b)(1)(iii)(C) redesignated as 
        (b)(1)(iii)(D); new (b)(1)(iii)(C) added....................3444
    (b)(1)(iii) and (iv) removed; (b)(2) added.....................63231
648.10 (c)(1) suspended; (c)(6) added; interim.....................21144
    (c)(1) revised; interim........................................50305
    (c) introductory text, (2) and (5) revised.....................63232
648.11 (a) amended; (e) revised....................................63232
648.12 Introductory text revised...................................63232
648.13 (g) added...................................................63232
648.14 (a)(92) corrected............................................3126
    (z)(2) introductory text revised................................5242
    (aa)(4) revised; (aa)(5) and (6) removed........................6201
    (a)(35) through (45), (47), (49) through (53), (90), (101), 
(102), (104), (112), (116), (121), (b)(2), (c)(10), (13), (19), 
(20), (23) through (26), (29) through (31), (g)(2), (3) and 
(z)(2)(i) suspended; (a)(123) through (148), (b)(3), (c)(32) 
through (37) and (g)(4) through (6) added; interim.................21144
    (a)(149) through (151) added; interim..........................30332
    (a)(149) through (151) removed; interim........................38609

[[Page 755]]

    (a)(35), (42), (43), (45), (47), (52), (102), (112), (116), 
(b)(1), (2), (c)(7), (8), (13), (14), (15), (23), (26), (29), (31) 
and (z)(2)(i) revised; (a)(123) through (126), (b)(3), (4), 
(c)(32) and (33) added; (c)(20) removed; interim...................50305
    (x)(12) and (dd) added.........................................63232
648.21 (f)(3) added.................................................3627
    (a)(1) and (d)(1) revised; (a)(4) and (5) added................44394
648.53 (e) suspended; (g) added; interim...........................21145
648.80 (a)(3)(i)(A), (7)(i)(B), (8)(i)(A), (B), (14)(i)(B), (C) 
        and (b)(3)(i)(B) amended; (a)(3)(i)(B), (4)(i)(B), (C), 
        (9)(i)(D)(1), (2), (b)(3)(i)(A) and (c)(2)(iii) revised.....5242
    (a) through (d) and (g) through (i) suspended; (j) through (p) 
added; interim.....................................................21145
    Regulation at 67 FR 30331 eff. date corrected in part..........30331
    (n)(6) added; interim..........................................30332
    (n)(6) removed; interim........................................38609
    (a), (b) (c)(1), (2), (d)(2), (e)(2), (h)(1) and (i)(8) 
revised; (c)(2)(iv) and (5) added; interim.........................50306
    (a)(15) introductory text, table and (i)(F) revised............69696
648.81 (a) through (i), (n) and (o) suspended; (p) through (w) 
        added; interim.............................................21154
    (u)(1) correctly revised; eff. date corrected; interim.........30332
    (u) heading and (1) revised; interim...........................38609
    (c)(2)(iii)(B), (d), (g)(1), (2)(iii), (iv), (v), (h), (i) and 
(n) revised; interim...............................................50316
648.82 (b)(6), (7), (e), (k)(1)(i), (ii) and (v) suspended; 
        (b)(8), (9), (k)(1)(viii), (ix) and (l) added; interim.....21156
    (b), (k) introductory text, (1), (i), (ii) and (2) revised; 
(k)(1)(vi) and (vii) removed; (k)(3), (4), (5) and (l) added; 
interim............................................................50318
648.83 (a)(1) suspended; (a)(3) added; interim.....................30333
    (a)(3) revised; interim........................................38609
    (a)(1) revised; interim........................................50320
648.86 (d) and (e) headings revised.................................5243
    (b)(4), (d)(2) and (e)(2) suspended; (b)(5), (d)(4) and (e)(4) 
added; interim.....................................................21157
    (b)(1)(i), (ii)(A), (b)(2) and (3) revised; (h) added; interim
                                                                   50321
648.88 (a) introductory text, (1) and (c) revised; interim.........50322
648.89 (b) through (e) suspended; (f) through (i) added; interim 
                                                                   21157
    (b)(1), (c) and (e)(1) revised; interim........................50322
648.90 (a)(2) amended...............................................5244
648.91 (c)(1)(i) and (ii) suspended; (c)(1)(v) and (vi) added; 
        interim....................................................21158
    (c)(1)(i) and (ii) revised; interim............................50323
648.92 (b)(8)(i) and (ii) suspended; (b)(8)(vi) added; interim.....21158
    (b)(1) suspended; (b)(9) added; interim; eff. to 11-18-02......35931
    (b)(2) and (8)(i) revised; interim.............................50323
648.94 (b)(1) through (7) and (c)(2) suspended; (b)(8) through 
        (11) and (c)(7) added; interim; eff. to 11-18-02...........35931
    Regulation at 67 FR 35931 eff. date extended; interim..........67568
648.100 (d) introductory text amended; (d)(1)(ii) revised...........6880
    (d) introductory text heading added............................50372
648.102 Revised....................................................50372
648.103 (b) revised................................................50372
648.105 (a) amended................................................50372
648.107 Revised....................................................50372
648.120 (d)(4), (5) and (6) removed; (a) and (c) revised; (d)(3) 
        added.......................................................6880
648.122 (g) revised................................................50372
648.124 (b) revised................................................50373
648.125 (a) amended................................................50373
648.140 (c) and (d)(2) revised; (d)(3) and (4) added................6881
648.142 Revised....................................................50373
648.143 (b) revised................................................50373
648.200 (a) amended.................................................3446
648.202 (a) amended; (f) added......................................3446
648.230 (a) revised; eff. to 4-30-03...............................30616
648.235 (c) added...................................................6201
648.260--648.264 (Subpart M) Added.................................63233
654.1 (a) amended..................................................61993

[[Page 756]]

654.2 Amended......................................................61991
    Introductory text amended......................................61993
654.3 (a) revised; (d) removed.....................................61991
654.4 Heading revised; text added..................................61991
654.6 Introductory text added; (a) and (b) revised.................61993
654.7 (o) added....................................................47469
    (a) and (g) revised; (p) and (q) added; (n) amended............61993
654.8 Revised......................................................61993
654.9 Revised......................................................61993
654.20 (b)(2)(i) amended...........................................61993
654.25 (b) amended.................................................61993
654.26 Amended.....................................................61993
654.27 (d) amended.................................................61993
654.28 Added.......................................................47469

                                  2003

50 CFR
                                                                   68 FR
                                                                    Page
Chapter VI
600 Authority citation amended.....................................18161
    Authority citation correctly revised...........................23366
    Authority citation revised.....................................69337
    Fishery management measures....................................23901
    Policy statement...............................................42613
600.725 (v) Table VIII revised.....................................18161
    (v) Table VII correctly revised................................23366
    (v) Table VII corrected........................................26230
    (v) amended....................................................74784
600.1018 Added.....................................................69337
622 Fishery management measures.........4965, 11003, 62372, 62542, 68784
    Temporary regulations......................6360, 47498, 55554, 64820
    Comment requests...............................................10180
622.1 Table 1 amended..............................................57378
622.2 Amended......................................................57378
622.4 (a)(2)(viii), (c), (f) through (j) and (l) revised; (a)(5) 
        and (b)(4) added............................................2192
    (r)(1), (6) and (8)(v) reinstated; (r) revised.................26235
    (r)(9) through (12) added......................................38232
622.6 (a)(1)(i) introductory text revised..........................57378
622.7 (b) and (c) revised; (bb) through (ee) added..................2194
622.8 (a), (b) introductory text, and (c) introductory text 
        revised....................................................57378
622.9 Added.........................................................2194
622.19 Added........................................................2194
622.41 (g) heading revised; (j) added...............................2196
    (k) added......................................................57378
622.42 (g) added...................................................57378
622.43 (a)(7) added; (b)(2) revised................................57378
635 Fishery management measures...............14167, 31983, 35822, 56212
    Technical correction...........................................16216
    Temporary regulations..............35185, 38233, 52140, 64991, 75466
    Fishery management measures....................................69969
635.2 Amended......................................................74784
635.3 (d) revised..................................................74784
635.4 (c) and (j)(3) revised; eff. through 5-31-04.................56787
    Regulation at 68 FR 56787 eff. date corrected..................59546
635.5 (c) revised....................................................714
    (c) introductory text amended..................................37773
    (e) revised....................................................74784
635.7 (a) revised..................................................63741
635.16 Removed.....................................................74785
635.20 (a) revised...................................................714
    Suspension at 67 FR 78993 extended until 12-29-03..............31983
    (e) revised....................................................74785
635.21 (d)(4)(iv) added..............................................714
    (d) redesignated as (e); new (d) added; new (e)(3)(i) through 
(iv) and (vi) revised..............................................74785
635.22 (a), (c) and (d) revised; (e) and (f) added...................714
    (c) revised....................................................74785
635.23 (f) revised.................................................32417
    (f)(3) added; eff. through 5-31-04.............................56788
    Regulation at 68 FR 56788 eff. date corrected..................59546
    (d) and (e)(1) revised.........................................74511
635.27 (a)(3) revised..............................................32417
    Regulation at 67 FR 78993 extended until 12-29-03..............31983
    (a)(3) revised; eff. through 5-31-04...........................56788
    Regulation at 68 FR 56788 eff. date corrected..................59546
    (a)(1)(i)(C), (4)(1) and (5) revised...........................74511
    (b) revised....................................................74785
635.28 Regulation at 67 FR 78993 extended until 12-29-03...........31983
    (c)(1)(i)(A) revised...........................................63741

[[Page 757]]

    (a)(2) revised.................................................74511
    (b) revised....................................................74786
635.31 (b)(2)(ii) revised; (b)(3) added..............................715
635.32 (c)(1) revised; (c)(4) removed; (d) and (e) added...........63742
    (c)(2) and (3) removed; (d) and (e) redesignated as (e) and 
(f); new (d) added; (a), new (e) and (f) revised...................74786
635.34 (b) revised; (c) added......................................74787
635.69 Regulation at 64 FR 29090 confirmed.........................37772
    Regulation at 66 FR 1907 reinstated............................45169
    (a), (e) and (h) revised.......................................74788
635.71 (b)(6) revised; (c)(6), (e)(14) and (9)15(10) added...........715
    (b)(29) added; eff. through 5-31-04............................56788
    Regulation at 68 FR 56788 eff. date corrected..................59546
    (a)(6) and (26) revised........................................63742
    (b)(10) and (17) revised.......................................74511
    (a)(1), (2), (7), (14), (17), (18), (23), (26), (34), (37), 
(b)(7), (8), (c)(1), (d)(10), (12) and (13) revised; (a)(39) and 
(40) added.........................................................74788
648 Fishery management measures...2919, 6088, 9905, 12612, 16731, 19160, 
         25305, 26510, 53528, 55010, 58037, 58281, 62250, 67609, 71033, 
                                                                   74512
    Temporary regulations.....................14545, 52141, 64821, 74198
648.2 Amended......................................................49699
648.4 (b) revised..................................................10182
    (a)(5)(i) heading revised......................................31990
    (a)(1)(i)(I)(2) and (c)(2)(iii) revised........................38245
    (a)(14) added..................................................49699
    Regulation at 68 FR 38245 eff. date extended...................71032
648.5 (a) amended..................................................49699
648.6 (a)(1) revised...............................................49699
648.7 (a)(1)(iii) and (b)(1)(iii) added; (b)(1)(i) revised.........49699
648.11 (a) and (e) revised.........................................49700
648.12 Introductory text revised...................................49700
648.13 (b)(2) introductory text revised............................22336
    (h) added......................................................49700
648.14 (a)(122) revised; (a)(127) added; effective date pending.......68
    (a)(96), (u)(3), (11), (x)(3), (6) and (7) revised.............10183
    OMB number.....................................................12815
    (y) introductory text, (1), (4), (6), (9), (10), (11), (13) 
and (17) through (21) revised......................................22329
    (z)(2) Removed.................................................22336
    (x)(13), (ee), (ff) and (gg) added.............................49700
648.21 (f)(3) revised.................................................60
    (e) correctly removed; old (e) reinstated; CFR correction......33882
648.23 (b)(2) revised...............................................9586
648.53 (b) table revised............................................9586
648.57 (a) introductory text and (b) introductory text revised......9587
648.58 (c)(1), (4), (6), (e)(2), (3)(ii), (4)(ii) and (f) revised 
                                                                    9587
648.70 (a)(1), (b)(1) and (2) revised..............................69973
648.71 Revised.....................................................69973
648.75 (b) revised.................................................69974
648.77 (a)(1) revised..............................................69974
648.80 (a)(5)(i), (6)(i), (8)(i), (ii), (9)(i), (ii) introductory 
        text, (10)(i)(D), (15) introductory text, (i)(B), and 
        (b)(3)(i) revised; (a)(15)(i)(C) removed...................22336
    (a)(16) redesignated as (a)(17); new (a)(16) added.............40810
    (a)(16) table corrected.................................43974, 47265
    (b)(5) introductory text, (i)(A), (6) introductory text; 
(i)(A) and (h)(2)(i)(8) revised; (b)(5)(i)(C) and (b)(6)(i)(D) 
added..............................................................49701
648.81 (g)(1)(ii) revised; interim.................................14348
    (h)(1) revised.................................................38245
    Regulation at 68 FR 38245 eff. date extended...................71032
648.86 (h)(2)(ii) revised...........................................4114
648.88 (a)(1) revised..............................................38245
    Regulation at 68 FR 38245 eff. date extended...................71032
648.89 (b)(1), (c)(2)(i) and (ii) revised..........................38246
    Regulation at 68 FR 38246 eff. date extended...................71032
648.92 (b)(2) revised...............................................4114
    (b)(1) revised.................................................22329
648.93 (a) heading, (1), and (b) revised...........................22329
648.94 (b)(7) removed; (b)(1), (2), (3) heading, (4), (5), (6), 
        (c)(1)(i), (2), (3)(i), and (f) revised....................22329

[[Page 758]]

648.96 Heading, (a), (b) and (c) revised...........................22330
    (b)(1)(ii) corrected...........................................36947
648.120 (b)(2), (4) and (c) revised; (d)(3) redesignated as (d)(4) 
        and amended; new (d)(3) and (5) added......................62253
648.122 (a)(1) and (b)(1) revised; (d) added; eff. to 12-31-03........68
    OMB number.....................................................12815
648.105 (a) amended................................................44236
648.107 Introductory text amended..................................44236
648.122 (a)(1) and (b)(1) revised; (d) added; eff. to 12-31-03........68
    OMB number.....................................................12815
    (g) revised....................................................44236
648.125 (a) amended................................................44236
648.140 (b)(1), (2) and (d) revised................................10183
648.142 Revised....................................................44236
648.143 (b) revised................................................44236
648.320--648.322 (Subpart O) Added.................................49701

                                  2004

50 CFR
                                                                   69 FR
                                                                    Page
Title 50 Nomenclature change.......................................18803
Chapter VI
600-699 (Chapter VI) Nomenclature changes...................53361, 53362
600 Authority citation revised......................................8341
600.10 Amended.....................................................30240
600.502 Tables 1 and 2 amended......................................8341
600.525 Added......................................................31535
600.530 Added......................................................31535
600.725 (v) amended................................................30240
600.1000-600.1018 (Subpart L) Heading revised......................53361
600.1018 Redesignated as 600.1103..................................53362
600.1019-600.1023 (Subpart M) Redesignated as 600.1200--600.1204 
        (Subpart N)................................................53361
600.1100-600.1101 (Subpart M) Added................................53361
600.1101 Heading and text redesignated from Subpart G heading and 
        679.70 through 679.76...............................53361, 53362
600.1103 Redesignated from 600.1018................................53362
600.1200--600.1204 (Subpart N) Redesignated from 600.1019-600.1023 
        (Subpart M)................................................53361
622 Temporary regulations........5297, 9969, 13487, 19346, 41433, 53015, 
                                              62000, 62818, 65092, 70196
    Fishery management measures.......................6921, 15731, 16499
622.1 (b) and Table 1 amended......................................30240
622.2 Amended......................................................30240
622.4 (a)(1)(i)(E) and (2)(xii) added; (a)(4) and (i) amended; 
        (a)(5) revised; eff. in part 11-23-04......................30240
622.5 (a)(1)(vi) and (c)(8) added; (a)(2)(i) amended; (b)(1) 
        revised....................................................30241
622.34 (k) revised.................................................24535
622.35 Heading revised; (h) added..................................30241
622.37 (h) added...................................................30242
622.38 (a) revised.................................................30242
622.39 (f) added...................................................30242
    (b)(1)(ii) revised.............................................33320
622.41 (h)(1) and (2) revised.......................................1541
    (c)(1)(v) revised; (l) added...................................30242
622.42 (a)(1)(ii) and (iii) revised; (a)(1)(iv) added..............33320
622.44 (f) added...................................................30242
622.45 (i) added...................................................30242
622.48 (m) added...................................................30242
635 Fishery management measures........30837, 33321, 34960, 51608, 56719
    Temporary regulations.....................10936, 43535, 68094, 71732
    Technical correction...........................................71735
635.2 Amended........................................40754, 67283, 70399
635.4 (g) revised..................................................67283
635.5 (b)(1)(ii) removed; (b)(1)(iii), (iv) and (v) redesignated 
        as (b)(1)(ii), (iii) and (iv); new (b)(1)(ii) and 
        (2)(i)(B) revised..........................................67283
    (a)(6) added...................................................70399
635.20 (f)(2) revised..............................................67284
635.21 (c)(2)(v) revised; (c)(5)(iv) added.........................40754
    (a)(3), (5)(i) and (ii) revised; (c)(5)(iii)(C) added..........40755
    (a)(3) revised.................................................47797
    (d)(3) revised.................................................47798
635.23 (f)(3) revised..............................................40758
635.27 (a)(3) revised..............................................40758
    (c)(1) revised.................................................68093
    (b)(1)(i), (iii), (iv), (vi)(A) and (B) revised................69544
635.30 (c)(1), (2) and (3) amended.................................53362
635.31 (c)(3) and (5) amended......................................53362

[[Page 759]]

    (a)(3) and (4)(ii) revised.....................................67284
635.32 (e) and (f) redesignated as (f) and (g); (a), new (f) and 
        (g) revised; new (e) added.................................70399
635.41 Removed; new 635.41 redesignated from 635.45................67284
635.42 Removed.....................................................67284
635.43 Removed.....................................................67284
635.44 Removed.....................................................67284
635.45 Redesignated as 635.41......................................67284
    Revised........................................................70400
635.46 Removed.....................................................67284
635.47 Removed.....................................................67284
635.69 (a)(2) and (3) revised......................................51012
635.71 (a)(33) revised.............................................40758
    (d)(7) amended.................................................53362
    (b)(2), (25), (e)(10) and (12) removed; (a)(24), (b)(26) and 
(e)(1) revised.....................................................67284
    (a)(2), (6) and (b)(26) revised; (a)(41) through (47), (b)(30) 
and (e)(16) added..................................................70400
648 Temporary regulations......10177, 33580, 40817, 43928, 56373, 57653, 
                                       59815, 67284, 70923, 75864, 77674
    Fishery management measures.........2074, 2307, 10937, 17980, 22734, 
           26509, 43535, 47798, 51191, 54593, 59550, 60565, 62001, 77955
648.2 Amended...................13495, 22456, 22944, 35214, 63472, 67796
648.4 (a)(5)(ii) amended............................................4864
    (a)(12)(ii) revised............................................22456
    (a)(1)(i)(A), (E) introductory text, (G), (I)(1), (M), (ii) 
and (c)(2)(iii) revised............................................22945
    (a)(5)(i) heading revised; eff. through 7-1-09.................30840
    (a)(3)(iii) revised............................................62821
648.5 (a) revised..................................................62821
648.6 (a)(2) added..................................................4864
    (a)(1) amended.................................................16178
    (a)(1) corrected...............................................30841
648.7 (a), (d), (e), (f)(1) and (3) revised........................13495
    (a)(1) introductory text, (i) and (b)(1)(i) revised............22946
    Corrected......................................................23667
648.9 (c)(1)(ii) revised...........................................67796
648.10 (b), (c) and (f) revised....................................22947
    (b)(1)(ii), (2)(ii), (iii) and (iv) revised; (b)(4) added......35214
    (b)(1)(iv) and (v) revised; (b)(1)(vi) added (OMB number 
pending in part)...................................................63472
    (b)(1)(vii) and (viii) added; (b)(3)(i) revised................67796
648.13 (i) added...................................................16178
648.14 (h)(30), (31) and (i)(8) revised; eff. through 8-30-04.......9973
    (k)(13) added..................................................16178
    (cc)(6) removed................................................22457
    (a)(39), (40), (43), (47), (52), (55), (90), (104), (116), 
(126), (b)(1) through (4), (c)(1), (3), (7), (10) through (15), 
(21), (24), (26), (29), (30), (31), (33), (d) introductory text 
and (2) revised; (c)(18), (23) and (32) removed; (a)(128) through 
(162) and (c)(34) through (50) added...............................22949
    (a)(57)(iii) added; (a)(97), (110), (111), (h)(5), (9), (12) 
through (24) and (i) revised.......................................35214
    (aa)(4) amended................................................53362
    (a)(89) revised................................................62821
    (a)(57) introductory text, (i), (i)(1) and (s) revised; 
(a)(97), (163), (164), (h)(34), (35) and (i)(4) through (10) added
                                                                   63472
    (a)(39), (104), (130) and (c)(8) revised; (a)(142) through 
(152) and (c)(50) through (79) added...............................67796
648.21 (g)(5) revised..............................................16178
648.22 (c) revised..................................................4864
648.23 (b)(1)(iii)(A) and (iv)(A) revised..........................22951
648.50--648.61 (Subpart D) Revised.................................35215
648.51 (b)(3)(ii) eff. 12-23-04....................................35215
    (f)(1) revised.................................................63473
648.52 (e) removed; eff. through 8-30-04............................9975
    (a), (b) and (c) revised.......................................63473
648.53 (b)(1), (2), (4), (c), (d) and (h) revised; (b)(5) added....63473
648.55 (b) revised.................................................63474
648.57 (b) removed; (a) introductory text revised; eff. through 8-
        30-04.......................................................9974
648.58 Revised; eff. through 8-30-04................................9974
648.59 Revised (OMB number pending in part)........................63474
648.60 Revised (OMB number pending in part)........................63476
648.61 Revised.....................................................63480
648.80 Revised.....................................................22951
    (b)(11)(ii)(C) revised.........................................35223
648.81 Revised.....................................................22964
    (g)(2)(iii) revised............................................35223

[[Page 760]]

    (a)(2)(vi), (b)(2)(v) and (c)(2)(iv) added.....................63480
    (b)(2)(iii), (iv) and (i) revised..............................67798
648.82 Revised.....................................................22969
    (d)(2)(i)(A) and (j)(1)(iii) revised; (e)(3) added.............67798
648.83 Revised.....................................................22974
648.84 Revised.....................................................22974
648.85 Revised.....................................................22975
    (a)(3)(ii) amended.............................................32900
    (a)(1)(ii) table corrected.....................................41026
    (c) added......................................................63480
    (a)(3)(ii), (iv)(A), (v), (b)(3)(i) and (viii) revised; 
(a)(3)(iv)(C)(4), (v)(A), (B), (vii), (b)(3)(xi), (xii) and (5) 
through (8) added..................................................67798
648.86 Revised.....................................................22978
648.87 Revised.....................................................22981
648.88 Revised.....................................................22983
    (c) revised....................................................63481
648.89 Revised.....................................................22984
648.90 Revised.....................................................22984
648.92 (b)(1) revised..............................................18293
    (b)(2)(ii) revised; (b)(2)(iii) added..........................22988
648.94 (b)(2)(i) and (ii) revised..................................18293
    (f) revised....................................................22988
648.100 (a), (b) heading and (c) heading revised; (b)(11) added....62821
648.104 (b)(1) revised.............................................62821
648.105 (d) amended................................................62822
648.107 (a) introductory text revised.......................41983, 53840
648.120 (b)(1) through (10) redesignated as (b)(2) through (11); 
        (a) and (c) heading revised; new (b)(1) and (12) added.....62822
648.122 (g) revised................................................41983
648.123 (a)(1) revised.............................................16179
648.140 (b)(1) through (9) redesignated as (b)(2) through (10); 
        (a) and (c) heading revised; new (b)(1) and (11) added.....62822
648.142 Revised....................................................41984
648.235 (c) amended................................................53362
648.262 (b)(2) and (6) revised.....................................10177
648.294 Removed....................................................22457
648.322 (b)(6) revised.............................................22988

                                  2005

50 CFR
                                                                   70 FR
                                                                    Page
Chapter VI
600.725 (v) table amended..........................................62080
600.1100--600.1104 (Subpart M) Authority citation added............40229
600.1102 Heading added; text revised...............................40229
600.1104 Text added; eff. 10-17-05.................................54656
622 Temporary regulations...4039, 5061, 5569, 9879, 33033, 34400, 42279, 
                                                     57802, 69914, 69915
    Fishery management measures, 13117, 33033
    Nomenclature change............................................73389
622.2 Amended...............................................62080, 73387
622.4 (r) introductory text in part and (1) through (8) suspended; 
        (r) introductory text amended in part; (13) through (18) 
        added......................................................16757
    (h)(1) introductory text and (ii) amended......................32271
    (a)(2)(ii), (iii), (g)(1), (o) and (q) revised.................39189
    (a)(2)(v) amended; (m) introductory text revised...............41163
    (a)(1)(iii) and (r)(12) removed; (a)(2)(viii)(B) amended; 
(a)(1)(iv) redesignated as (a)(1)(iii); (a)(2)(xiii) added.........73387
622.5 (a)(1)(vii) added; (a)(2)(i) amended;........................73387
622.6 (b)(1)(ii)(A) revised........................................62080
622.7 (aa) and (cc) revised........................................73387
622.8 (a)(3) added; (c)(4) and (5) revised.........................32272
    (a)(4) added...................................................73387
622.9 (a) amended..................................................73387
622.17 (a) revised.................................................73388
622.18 Revised.....................................................73388
622.19 Revised.....................................................73388
622.30 (b)(2) revised; (b)(3) added................................39190
622.31 (l) added...................................................62080
    (m) added......................................................76219
622.32 (b)(1)(ii) revised; (b)(1)(iv) added........................62081
622.33 (a)(4) added (temporary)......................................301
    (a) introductory text and (4) through (7) added; (a)(3) 
revised............................................................62081
622.34 (n) added...................................................33389
    (q) added (temporary)..........................................42511
    (d) introductory text, (1) and (j) revised; (r), (s) and (t) 
added..............................................................76219
622.37 (d)(1)(ii) revised..........................................33389
622.38 (a), (d) and (f) revised....................................62081
622.39 (b)(1)(v) revised...........................................33389

[[Page 761]]

    (b)(1)(ii) and (v) suspended; (b)(1)(viii) and (ix) added 
(temporary)........................................................42511
622.40 (b)(1)(i) revised...........................................62081
622.41 (b) revised.................................................62082
    (g) revised....................................................73388
622.43 (a)(1)(i) suspended; (a)(1)(iii) added (temporary)..........42512
622.44 (g) added (temporary)........................................8039
    (a)(2)(ii)(A) revised..........................................39190
    (g) added (temporary)..........................................48324
    Introductory text and (g) revised..............................77060
622.45 (c)(5) added................................................33389
622 Appendix A amended......................................62082, 73389
635 Temporary regulations........302, 12142, 21673, 33039, 48490, 56595, 
                                                     67929, 72724, 74712
    Fishery management measures.............................33033, 72080
635.23 (a)(2) and (4) revised......................................10900
635.26 (a)(1) revised..............................................10900
635.41 (a) and (b) removed; (c) through (g) redesignated as (a) 
        through (e); new (a) revised...............................28218
635.71 (b)(26) and (e)(16) removed; (b)(27) through (30) 
        redesignated as (b)(26) through (29); (a)(24), (45), (46), 
        (47) and new (b)(29) revised...............................28219
648 Temporary regulations..........................................2820,
8543, 12144, 12808, 13402, 16758, 21162, 21340, 22806, 29645, 33042, 
37056, 39970, 41348, 44291, 50220, 53311, 57517, 57802, 58351, 60449, 
61577, 70744, 72082, 72934, 75074, 75418, 75965, 76430, 76713, 76714
    Technical correction............................................2820
    Fishery management measures....................................7050,
7190, 11584, 23939, 35557, 37057, 39190, 76715
648.2 Amended........................................21940, 21981, 31339
    Amended; eff. through 12-10-05.................................34059
    Correctly amended..............................................39193
    Amended.................................................76425, 77067
648.4 (a)(5)(i) amended............................................13409
    (a)(9)(i) heading, (B), (M), (N)(1) and (3) revised; 
(a)(9)(i)(A)(5), (6), (7) and (E)(4) added.........................21940
    (a)(2)(ii) revised; eff. 10-21-05..............................48866
    Regulation at 70 FR 48866 eff. date delayed to 12-1-05.........61233
    (a)(2)(ii)(B) through (E) revised..............................61235
    (a)(9)(i)(A)(1) through (4) revised............................76425
648.5 (a) revised..................................................21982
648.7 (f)(1)(ii) removed; (a)(1)(i), (2), (3) introductory text, 
        (i), (f)(1)(i), (iv), (v) and (3) revised; (a)(1)(ii) 
        added......................................................21982
648.9 (c)(1) introductory text revised.............................21941
    (c)(1) introductory text revised; (c)(1)(iii) and (2)(i)(D) 
added; eff. 10-21-05...............................................48867
    Regulation at 70 FR 48867 eff. date delayed to 12-1-05.........61233
    (c)(2)(i)(B) revised...........................................76426
648.10 (b)(1)(iv) revised...........................................2823
    (b)(1)(ix) added; (b)(2)(v) removed; (c)(1) and (3) revised....21941
    (b)(1)(vi), (vii) and (viii) revised...........................31339
    Heading and (b)(1)(iv) revised; eff. 10-21-05..................48867
    (b)(3)(i)(C) and (D) revised; eff. 10-14-05....................54306
    Regulation at 70 FR 48867 eff. date delayed to 12-1-05.........61233
648.14 (a)(122) revised; (a)(127) amended............................310
    (a)(74) and (p)(5) revised; (p)(11) added; eff. through 12-31-
05.................................................................13409
    (a)(125), (x)(8), (y) introductory text, (1)(iii), (3), (7) 
and (21) revised; (y)(1)(iv) added.................................21941
    (a)(136), (139) and (c)(14) revised; (a)(165), (c)(80), 
(bb)(19) and (20) added............................................31339
    (bb)(20) suspended; (a)(166), (167), (168), (bb)(21) and (22) 
added; eff. through 12-10-05.......................................34059
    (a)(166) added (temporary).....................................35048
    (a)(166) correctly revised; (a)(169) correctly added...........39193
    (i)(11) and (12) added; eff. 10-21-05..........................48867
    (a)(166) suspended; (a)(170) added (temporary).................53581
    (a)(143), (148), (c)(67), (68), (70) and (73) through (77) 
revised; eff. 10-14-05.............................................54306
    (a) (170) and (171) added (temporary)..........................60451
    Regulation at 70 FR 48867 eff. date delayed to 12-1-05.........61233
    Regulation at 70 FR 34059 eff. date extended...................72934

[[Page 762]]

    (a)(55), (134) and (156) revised; (a)(170) and (171) removed; 
(a)(172) added.....................................................76426
648.15 (d) added; eff. through 12-10-05............................34059
    Regulation at 70 FR 34059 eff. date extended...................72934
648.17 Revised.....................................................21942
648.21 (d) revised; eff. through 12-31-05..........................13409
648.23 (a) revised; eff. through 12-31-05..........................13409
648.52 (c) revised; eff. 10-21-05..................................48867
    Regulation at 70 FR 48867 eff. date delayed to 12-1-05.........61233
648.59 (b)(5)(ii)(A), (c)(5)(ii)(A) and (d)(5)(ii)(A) revised.......2823
    (b)(3) and (d)(3) revised......................................66798
648.60 (g) revised..................................................2823
    (c)(5) revised.................................................48867
648.61 Revised.....................................................66798
648.70 (a)(1) revised...............................................2026
648.71 (a) introductory text and (2) revised........................2026
648.73 (a)(1) revised...............................................2026
648.80 (b)(5)(i)(B) revised........................................21942
    (a)(3)(iv)(A)(2), (4)(iv)(A), (b)(2)(iv) introductory text, 
(A), (c)(2)(v)(A), (d)(2), (4), (5), (e)(2), (3) and (4) revised; 
(a)(3)(iv)(A)(3) and (4) removed; (d)(6), (7), (e)(5) and (6) 
added..............................................................31340
    (d)(4), (7), (e)(4) and (6) suspended; (d)(8), (9), (e)(7) and 
(8) added; eff. through 12-10-05...................................34059
    Regulation at 70 FR 34059 eff. date extended...................72934
648.81 (b)(2)(ii), (iii), (f)(1)(ii), (iii), (g)(2)(ii), (iii) and 
        (h)(1)(v) revised; (g)(2)(iv) added........................76426
648.82 (k)(4)(vi) revised..........................................21942
    (k)(4)(ix), (l)(1)(ii) and (iv) revised; (k)(4)(xi) and (m) 
added..............................................................31340
    (b)(4) and (f) revised.........................................76427
648.83 (b)(4) added; eff. through 12-10-05.........................34060
    Regulation at 70 FR 34060 eff. date extended...................72934
648.85 (b)(3)(iii), (vi), (vii) and (viii) revised.................31341
    (a) introductory text, (b)(5)(ii), (7)(i), (iii), (iv), (v), 
(8)(v)(A)(2), (3), (B), (C), (E), (H) and (L) revised; (b)(7)(vi) 
added; eff. 10-14-05...............................................54307
    (a)(2)(i)(D), (3)(iii) introductory text, (B)(1), (2), 
(iv)(D), (b)(3)(v), (vi) and (x) revised...........................76427
648.86 (a)(3) added; eff. through 12-10-05.........................34060
    Regulation at 70 FR 34060 eff. date extended...................72934
    (d), (g)(1)(ii)(B) and (2)(ii)(B) revised; (g)(4) and (i) 
added..............................................................76428
648.87 (d)(1)(ii) and (iii)(A) revised.............................31342
    (b)(2)(ix), (x) and (d)(1)(i) revised..........................76429
648.90 (a)(2)(iv) revised..........................................76429
648.91 (c)(1)(ii) and (iv) revised; (c)(3) added...................21942
648.92 (b)(1)(i), (2), (6) and (8)(i)(B) revised; (b)(1)(iii), 
        (iv), (9) and (c) added; (b)(5) removed....................21942
    (b)(1)(ii) removed.............................................22244
    (b)(1)(i) revised..............................................76429
648.93 (b) revised.................................................21944
648.94 (b)(2)(i), (ii), (iii), (3) heading, (i), (ii), (4), (5), 
        (6), (c) and (e) revised; (b)(2)(iv) added.................21944
    (b)(2)(i) and (ii) revised.....................................22244
648.95 Added.......................................................21945
648.96 (c)(1)(i) revised...........................................21946
648.97 Added.......................................................21946
648.100 (a) revised..................................................310
    (d)(4) revised; eff. 10-13-05..................................53970
648.104 (b)(1) amended.............................................35046
648.107 (a) introductory text revised..............................35046
648.120 (a) revised..................................................310
648.122 Heading and (a)(1) revised; (b)(1) amended; (d) removed......311
    (g) revised....................................................35046
648.123 (a)(1) revised...............................................311
    (a)(5) amended.................................................35046
648.140 (a) revised..................................................311
648.142 Revised....................................................35046
648.144 (b)(2) revised; eff. 1-1-07................................77067
648.160 (f)(2) revised; eff. 10-13-05..............................53970
648.200 (c) and (d) revised; eff. through 12-31-06.................21976
648.260 Heading, (a) introductory text, (b) introductory text and 
        (1) revised................................................44069

[[Page 763]]

                                  2006

  (Regulations published from January 1, 2006, through October 1, 2006)

50 CFR
                                                                   71 FR
                                                                    Page
Chapter VI
600 Temporary regulations..........................................10867
    Fishery management measures....................................10612
600.1100--600.1105 (Subpart M) Authority citation revised..........57701
600.1102 (b) amended; (d)(2)(vi) and (i)(1)(vi) revised...............28
600.1104 (b) amended; (h)(4) revised...............................27210
600.1105 Added; eff. 10-30-06......................................57701
622 Temporary regulations........5013, 9976, 12148, 13304, 35198, 38797, 
                                                                   41177
622.2 Amended......................................................45433
622.3 (b) revised..................................................28284
622.4 (a)(1)(ii) and (r) revised...................................28284
    (h)(1) revised; (m)(1) amended; eff. in part 12-7-06...........45434
    Eff. date corrected............................................48483
    (a)(2)(xi) and (g)(1) revised; (s) added; eff. 10-26-06........56046
622.5 (a)(1)(iii) revised; eff. 10-26-06...........................56047
622.7 (ff) added...................................................45434
622.8 (a)(5) added; eff. 10-26-06..................................56047
622.9 Revised; eff. 12-7-06........................................45434
622.10 Added.......................................................45435
622.30 (e) added; eff. 10-23-06....................................55106
622.31 (n) added...................................................45435
622.34 (l) amended.................................................45435
622.36 (a) amended.................................................45435
    (b)(5) revised; eff. 10-23-06..................................55106
622.37 (d)(4) added................................................45435
    (e)(1)(ii) and (3)(i) revised; eff. 10-23-06...................55107
622.38 (d)(1) introductory text amended............................45436
622.39 (b)(1)(ii) and (v) suspended; (b)(1)(viii) and (ix) added 
        (temporary).................................................3020
    (b)(1)(ii) and (v) suspensions lifted; (b)(1)(ii) revised; 
(b)(1)(viii) and (ix) removed......................................34536
    (a)(2)(iii) revised; (a)(5) added..............................45436
    (d)(1)(ii), (vi), (vii) and (2)(ii) revised; eff. 10-23-06.....55107
622.40 (c)(3)(i) and (d)(2) revised; eff. 10-23-06.................55107
622.41 (l)(2) removed..............................................45436
622.42 (a)(3) removed..............................................28285
    (e) revised; eff. 10-23-06.....................................55107
622.43 (a)(1)(i) suspended; (a)(1)(iii) added (temporary)...........3020
    (a)(1)(i) revised..............................................45436
    (a)(5) and (b)(1) revised; eff. 10-23-06.......................55107
622.44 (c)(2) through (5) revised; eff. 10-23-06...................55108
622.45 (d)(8) added; eff. 10-23-06.................................55108
635 Fishery management measures.............................16243, 30619
    Temporary regulations...................273, 1395, 3245, 4310, 51529
635.4 (m)(1) amended...............................................45436
    Eff. date corrected............................................48483
635.27 (c)(1)(i)(A) revised........................................29089
648 Fishery management measures......................10612, 25095, 25781
    Temporary regulations....1982, 6984, 7443, 9471, 9475, 10867, 13776, 
         15045, 15629, 20900, 26704, 27977, 29256, 29844, 35199, 35835, 
         40027, 41738, 42315, 44229, 46871, 51531, 52499, 53049, 56047, 
                                                                   56895
648.2 Amended......................................................46875
648.4 (a)(1)(i)(A), (B), (E), (G), (J), (2)(i)(B), (E), (G), (J), 
        (3)(i)(B), (E), (G), (J), (4)(i)(B), (E), (G), (J), 
        (5)(i)(B), (E), (G), (J), (6)(i)(B), (E), (G), (J), 
        (7)(i)(B), (E), (G), (J), (9)(i)(E), (G), (J), 
        (12)(i)(B)(2), (E), (G), (J), (13)(i)(B), (G) and 
        (c)(2)(iii)(A) suspended; (a)(1)(i)(N) through (R), 
        (2)(i)(N), (P), (Q), (3)(i)(M) through (P), (4)(i)(N) 
        through (Q), (5)(i)(M) through (P), (6)(i)(M) through (P), 
        (7)(i)(M) through (P), (9)(i)(O), (P), (Q), (12)(i)(N) 
        through (Q), (13)(i)(O), (P) and (c)(2)(iii)(C) added; 
        eff. 5-1-06 through 10-10-06; interim......................19370
 (a)(2)(ii)(D) removed; (c)(2)(iv) introductory text and (B) 
        revised....................................................33224
648.9 (c)(1)(iii) and (2)(i)(D) revised............................33224
648.10 (b)(1)(vii), (2)(i), (iii), (iv), (3)(i)(A), (C), (ii), 
        (iii), (c)(1), (3) and (f)(2) suspended; (b)(1)(x), 
        (2)(v), (vi), (vii), (3)(i)(E), (F), (iv), (v), (c)(6), 
        (7) and (f)(3) added; eff. 5-1-06 through 10-10-06; 
        interim....................................................19372
 (b)(1)(i), (iv), (2) introductory text, (i), (ii) and (4) 
        revised; (e)(2)(v) added...................................33224

[[Page 764]]

    (b)(4)(ii), (iii) and (iv) suspended; interim..................34844
648.11 (a)(1) added................................................33225
    (a)(1) and (2) suspended; (a)(3), (g), (h) and (i) added; 
interim............................................................34844
648.14 (a)(172), (c)(19), (21), (22), (23), (33), (34), (35), 
        (37), (39), (43), (49) through (52), (54) through (66), 
        (70), (78), (80), (y)(15) and (bb)(22) suspended; (a)(173) 
        through (178), (c)(81) through (116), (g)(4), (y)(22) and 
        (bb)(23) added; eff. 5-1-06 through 10-10-06; interim......19373
    (a)(56)(iii) added; (a)(58) and (h)(27) through (35) removed; 
(a)(56) introductory text, (i). (h)(2), (4), (5), (6), (12), (13), 
(15), (17), (19), (24), (25), (26), (i)(3), (11) and (12) revised 
                                                                   33225
    Regulation at 70 FR 60451 eff. date extended to 12-31-06.......37505
    (bb)(19) and (23) removed; (a)(169) and (bb)(20) revised; 
(a)(166), (167), (168), (bb)(24), (25) and (26) added..............46875
    (a)(43) revised................................................51783
648.15 (d) and (e) added...........................................46875
648.51 (b)(3)(i), (ii), (c), (e)(3) and (f)(1) revised.............33226
    (c)(4) and (e)(3)(iii) added; interim..........................34848
648.52 (a) and (b) revised.........................................33226
648.53 (e) suspended; (i) added; eff. 5-1-06 through 10-10-06; 
        interim....................................................19374
 (b)(1), (2), (4), (5), (c), (d) and (h) revised...................33226
648.54 (a)(1), (2) and (b) revised.................................33227
648.55 (b) revised.................................................33228
648.58 Revised.....................................................33228
648.59 Revised.....................................................33228
648.60 Revised.....................................................33231
    (a)(2)(i) and (ii) suspended; (a)(2)(iii) added; interim.......34848
648.80 (a)(3)(vi), (4)(i) through (iv), (b)(2)(i), (ii), (iii), 
        (vi), (c)(2)(ii) and (iii) suspended; (a)(3)(viii), 
        (4)(vi) through (ix), (b)(2)(vii) through (x), (c)(2)(vi) 
        and (vii) added; eff. 5-1-06 through 10-10-06; interim.....19374
     (d), (e) and (g)(3) revised...................................46875
     (a)(3)(viii) and (7)(ii) revised; (a)(18) added...............51783
648.81 (g)(2)(iii) revised.........................................51784
648.82 (a)(1), (b), (c)(1), (2), (d) through (k), (l)(1)(iv), (v) 
        and (m) suspended; (a)(3), (c)(3), (4), (d)(5), (6), (7), 
        (l)(2)(viii), (ix) and (n) through (w) added; eff. 5-1-06 
        through 10-10-06; interim..................................19376
     (d)(5), (6), (7) and (l)(2)(viii) removed; (l)(1)(viii) 
correctly added; (s)(1)(iii) correctly amended.....................25094
648.83 (b)(4) added................................................46876
648.85 (a)(3)(ii), (iv)(C)(1), (2), (4), (v), (b)(5), (6), 
        (7)(iv)(A), (v)(A), (vi)(A), (8)(i), (iv) and (v) 
        suspended; (a)(3)(iii) introductory text revised; 
        (a)(3)(iv)(C)(5), (6), (7), (viii), (ix), (b)(7)(iv)(J), 
        (v)(F), (vi)(G), (8)(vi), (vii), (viii), (9) and (10) 
        added; eff. 5-1-06 through 10-10-06; interim...............19381
     (a)(3)(viii)(C) correctly added; (b)(10)(iv)(D) correctly 
amended............................................................25094
     (c)(1) introductory text and (3)(ii) revised..................33235
     (d) added.....................................................46876
648.86 (b), (g)(1) and (2) suspended; (e) revised; (g)(4), (5), 
        (i) and (j) added; eff. 5-1-06 through 10-10-06; interim 
                                                                   19385
     (e) correctly amended.........................................25094
     (a)(3) and (k) added..........................................46876
648.89 (b)(1), (c)(1)(i) and (2)(i) suspended; (b)(3), (4), 
        (c)(1)(v), (vi), (2)(v) and (vi) added; eff. 5-1-06 
        through 10-10-06; interim..................................19387
648.91 (c)(1)(i), (ii) and (iv) suspended; (c)(1)(v), (vi) and 
        (vii) added; eff. 5-1-06 through 10-10-06; interim.........19388
648.92 (a)(1), (b)(2)(i), (ii) and (iii) suspended; (a)(3), 
        (b)(2)(iv) and (v) added; eff. 5-1-06 through 10-10-06; 
        interim....................................................19388
    (b)(1)(ii) added...............................................23874
    (b)(2)(iv)(B) correctly amended................................25094
648.94 (b)(3) and (c)(3)(I) suspended; (b)(7) and (c)(3)(iii) 
        added; eff. 5-1-06 through 10-10-06; interim...............19389
    (b)(2)(i) and (ii) revised.....................................23874

[[Page 765]]

648.95 (e)(3) suspended; (e)(5) added; eff. 5-1-06 through 10-10-
        06; interim................................................19390
648.100 (e)(2) introductory text, (i) and (ii) revised.............42317
648.104 (b) introductory text and (1) introductory text revised....42318
648.107 (a) introductory text revised..............................29256
    (b) revised....................................................42318
648.230 Revised.....................................................3017
648.235 (b)(1) revised.............................................40438

                                  2007

50 CFR
                                                                   72 FR
                                                                    Page
Chapter VI
600.725 (p), (t) and (u) revised; (w) added........................61818
600.746 (b) through (f) revised; (g), (h) and (i) added............61818
600.1106 Added; eff. 10-24-07......................................54222
622 Temporary regulations.........2792, 3955, 5345, 10089, 18134, 18593, 
                                27251, 29444, 54223, 55103, 62415, 73269
622.4 (p)(i) correctly designated as (p)(1).........................1381
    Regulation at 71 FR 45434 eff. date delayed in part to 5-6-07 
                                                                   10088
622.9 Regulation at 71 FR 45434 eff. date delayed in part to 5-6-
        07.........................................................10088
    (a)(2) revised; OMB number.....................................73273
622.16 (c)(3)(i) revised; OMB number...............................73274
622.37 (d)(1)(iv) suspended; (d)(1)(vi) added (temporary)..........15626
    (d)(1)(iv) d (v) suspended; (b)(1)(viii) and (ix) added 
(temporary)........................................................66081
622.39 (b)(1)(iii) and (v) suspended; (b)(1)(viii) and (ix) added 
        (temporary)................................................15626
622.42 (a)(1)(i) and (2) suspended; (a)(1)(v) and (3) added 
        (temporary)................................................15626
    (a)(1)(i) and (2) suspended; (a)(1)(v) and (3) added 
(temporary)........................................................66081
635 Temporary regulations...............6966, 14491, 30297, 50257, 51565
    Fishery management measures....................................74193
635.4 (l)(2)(i), (ii) introductory text, (B), (C) and (iv) 
        revised; (l)(2)(v) and (vi) amended; (l)(2)(x) added.......31708
    (j)(3) revised.................................................33407
635.5 (c)(2) revised...............................................56932
635.21 (a)(3), (d)(1), (3)(i) and (ii) revised; (d)(3)(iv) removed
                                                                    5641
    (e)(2)(iii) suspended through 12-31-07; revised 1-1-08.........26741
635.22 (f) revised.................................................31709
635.24 (b)(1) and (2) revised......................................31709
635.27 (b)(1)(i), (iv) and (A) introductory text revised...........20772
    (a) introductory text, (1) heading, (i), (2), (3), (4)(i), 
(5), (6), (7)(i), (ii), (10)(iii) and (iv) revised.................33407
    (c)(1)(i)(A), (D), (ii), (3)(i) and (ii) revised...............56933
    (b)(1)(i) and (vi)(A) introductory text revised................67586
635.28 (c)(2) revised..............................................56933
635.69 (a)(3) revised..............................................57194
635.71 (a)(33) revised..............................................5642
648 Temporary regulations...470, 2458, 8287, 10426, 10934, 12572, 12744, 
         17806, 17807, 18594, 20287, 21123, 25709, 26563, 31757, 32813, 
         34411, 37676, 38025, 39580, 40263, 44979, 45696, 46568, 48945, 
         53969, 55704, 55704, 57500, 59224, 59951, 60282, 60585, 62416, 
                         64000, 64952, 66082, 66083, 67672, 68095, 70235
    Fishery management measures.........4458, 26325, 31194, 66082, 74197
    Technical correction............................................5643
    Frameworks.....................................................55704
648.2 Amended.................................11271, 20038, 43191, 73277
    Amended; eff. 1-1-08...........................................51702
648.4 (a)(10) and (c)(2)(vi) revised...............................11271
    (a)(9)(i)(A)(6) and (7) suspended; (a)(9)(i)(A)(8) and (9) 
added; eff. 5-1-07 through 10-27-07................................20958
    (a)(1)(i)(B), (E), (K) and (b) revised; eff. in part 1-1-08....43191
    (a)(4)(ii) added; eff. 1-1-08..................................51702
    (a)(9)(i)(A)(6) heading and (7) heading revised; interim.......53949
    (c)(2)(iii)(A) revised.........................................73277
648.6 (a)(2) revised...............................................11273
    (a)(1) revised.................................................20038
648.7 (f)(3) revised................................................4216
    (b)(2)(i) revised..............................................11274
    (a)(3)(iv) added...............................................20038
    (b)(1)(i) revised..............................................43192

[[Page 766]]

648.9 (c)(2)(i)(C) revised.........................................11274
    (c)(2)(i)(B) and (e) revised; eff. 1-1-08......................51702
    (c)(1)(ii) removed.............................................73278
648.10 (b)(4) revised..............................................32554
    (b)(1)(vii) and (viii) added; (b)(2) revised; eff. 1-1-08......51702
    (b)(2) introductory text and (iii) revised; (b)(5) added.......73278
648.11 (a) revised.................................................20038
    (a) revised; (g), (h) and (i) added............................32555
    (a) correctly revised..........................................68096
648.13 (f) revised.................................................11274
648.14 Regulation at 71 FR 37505 eff. date extended..................291
    (a)(170) and (171) added (temporary).............................292
    (bb)(8) removed; (a)(166)-(169), (bb)(7), (10), (11), (12), 
(14) through (18), (20), (24), (25) and (26) revised; (bb)(19), 
(21), (22) and (23) added..........................................11275
    (y)(7) suspended; (y)(22) added; eff. 5-1-07 through 10-27-07 
                                                                   20958
    Regulation at 71 FR 76948 eff. date extended from 6-21-07 
through 12-23-07...................................................29889
    (h)(17) revised; (i)(15) added.................................32558
    Regulation at 72 FR 291 eff. date extended to 12-31-07.........35200
    (a)(170) and (171) revised (temporary).........................35201
    (a)(31)(ii) revised; (a)(178) and (179) added; eff. in part 1-
1-08...............................................................43192
    (a)(25) revised; eff. 1-1-08...................................51703
    (y)(21) revised; interim.......................................53949
    (i)(1) removed; (i)(2) revised; (h)(27), (i)(13) and (14) 
added..............................................................72629
    (a)(132) and (c)(81) revised...................................72967
    (a)(35), (38), (39), (43), (53), (153), (b)(3), (4), (c)(24) 
and (26) revised; (a)(78) added....................................73278
    Regulation at 71 FR 35200 eff. date extended through 12-31-08; 
(a)(170) and (171) added; eff. through 12-31-08....................74208
648.15 (d)(1) and (e) revised......................................11276
    (b) revised; eff. 1-1-08.......................................51703
648.21 (b)(1) introductory text, (2)(i), (iii) introductory text, 
        (c) introductory text, (3), (f)(1), (2), (g)(2)(ii) and 
        (5) introductory text revised; (f)(3) removed...............4216
    (b)(2)(i) correctly revised.....................................8632
648.22 (a) and (c) revised; (d) added...............................4217
    (a)(1) correctly amended........................................8632
648.51 (a)(2)(ii) revised...........................................8288
    (c)(4) and (e)(3)(iii) added...................................32558
648.52 Regulation at 71 FR 76948 eff. date extended from 6-21-07 
        through 12-23-07...........................................29889
    (e) added......................................................72629
648.55 (e)(31) revised; (e)(32) added..............................32559
648.58 Regulation at 71 FR 76948 eff. date extended from 6-21-07 
        through 12-23-07...........................................29889
    (a) removed....................................................72629
648.59 Regulation at 71 FR 76948 eff. date extended from 6-21-07 
        through 12-23-07...........................................29889
    (e)(1) and (4) revised.........................................72629
648.60 Regulation at 71 FR 76949 eff. date extended from 6-21-07 
        through 12-23-07...........................................29889
    (a)(2) revised.................................................32559
    (a)(3)(i), (ii)(B), (5)(i), (d)(1)(v), (e)(1)(v) and 
(g)(3)(iv) revised.................................................72629
648.75 (a) revised; eff. 1-1-08....................................51703
648.80 (f)(2) revised...............................................8289
    (d)(2)(ii), (4), (5), (6) and (e)(3) through (6) revised.......11276
    (b)(2)(vi) revised.............................................73279
648.81 (g)(2)(iv) removed..........................................73279
648.82 (e)(1) revised; (k)(3)(i), (ii) and (iii) added.............73279
648.83 (b)(4) revised..............................................11276
648.85 (d) revised.................................................11276
    (b)(6)(iv)(D) revised; interim.................................53949
    (a)(3)(iii) introductory text added; (b)(6)(iv)(J)(2) and 
(8)(v)(E)(2) revised...............................................72967
    (b)(7)(vi)(G), (H) and (I) removed; (a)(3)(i), (b)(6)(iv)(D), 
(7)(iii), (iv)(A), (F), (v)(D) and (vi)(D) revised.................73279
648.86 (a)(3) and (k) revised......................................11277
    (e) and (i) revised............................................73280
648.87 (b)(1)(ix), (xv), (xvi), (2)(x) and (c) revised.............73281
648.89 (b)(4) added................................................73281
648.91 (c)(1)(iii) revised; interim................................53949
648.92 (a)(1), (b)(1) and (9) suspended; (b)(10) and (11) added; 
        eff. 5-1-07 through 10-27-07...............................20958

[[Page 767]]

    (b)(1), (2)(i), (ii)(B) and (9)(i) revised; (b)(2)(iii) 
removed; interim...................................................53949
    (b)(2)(iii) removed............................................73281
648.94 (b)(1) through (5), (c)(1) and (8) suspended; (b)(7) 
        through (11), (c)(9) and (10) added; eff. 5-1-07 through 
        10-27-07...................................................20959
    (b)(1), (2)(i), (ii), (3)(i), (ii), (6), (c)(1)(i) and (8) 
revised; interim...................................................53950
648.95 (a)(2), (g)(2) and (3) suspended; (a)(4), (g)(4) and (5) 
        added; eff. 5-1-07 through 10-27-07........................20960
648.96 (a) and (b)(1) through (4) suspended; (b)(5), (6) and (7) 
        added; eff. 5-1-07 through 10-27-07........................20960
    Heading, (a) heading and (b)(1) through (4) revised; (b)(5) 
and (6) added; interim.............................................53951
648.103 (b) revised................................................65466
648.104 (a)(2) revised..............................................8289
648.105 (a) amended................................................65468
648.107 (a) introductory text and (b) revised......................30497
648.127 (a)(1) revised.............................................40080
648.200--648.207 (Subpart K) Revised...............................11277
648.264 (a)(6)(i) revised..........................................57194

                                  2008

50 CFR
                                                                   73 FR
                                                                    Page
Chapter VI
600.10 Amended.....................................................67810
600.345 (a) introductory text revised..............................67810
600.350 (c) revised................................................67811
600.516 (a) revised................................................67811
600.725 (v) table amended............................................409
    (v) table amended; eff. 10-23-08...............................54733
600.730 (a)(1) and (2) added; (c)(3) and (4) revised...............67809
600.1203 (a)(9) revised.....................................35827, 40707
600.1204 (h) and (j) revised................................35827, 40707
600.1300--600.1310 (Subpart O) Added...............................75973
600.1400--600.1417 (Subpart P) Added...............................79717
622 Nomenclature changes.............................................411
    Temporary regulations.......7223, 10158, 15674, 15676, 16571, 18717, 
                                24883, 24884, 29989, 47850, 58058, 73219
    Fishery management measures.............................14942, 64562
622.1 Table 1 amended..............................................58061
622.2 Amended....................................409, 5127, 38143, 67811
622.4 (a)(2)(i) and (n) removed; (a)(4)(i) and (b)(3)(ii)(G) 
        revised; (d) and (g)(1) amended..............................410
    (a)(2)(v) amended; (h)(1)(i) through (iv) removed..............68360
622.5 (a)(1)(ii)(A) and (B) removed..................................410
622.6 (a)(1)(ii) and (b)(1)(i)(B) amended; (b)(1)(ii)(B) revised 
                                                                     410
622.7 (w) revised....................................................410
622.9 (a)(2) amended.................................................410
    Technical correction............................................3218
622.15 (d)(4) revised................................................410
622.16 (c)(3)(i) amended; (c)(3)(ii) revised.........................410
    (b)(2)(iv) removed.............................................68361
622.17 (b)(2) amended; (b)(4)(ii) removed............................410
622.31 (c) revised...................................................411
622.32 (b)(3) removed; (b)(4) redesignated as new (b)(3); new 
        (b)(3)(iii) removed; new (b)(3)(iv), (v) and (vi) 
        redesignated as new (b)(3)(iii), (iv) and (v)..............58061
622.33 (a)(2)(ii)(A) revised.......................................68361
622.34 (g)(3) and (n) removed........................................411
    (l) added; (m) revised..........................................5127
622.37 (a)(2)(iv) and (b)(1)(ii) revised; (b)(1)(ix) red 
        (b)(1)(ii) revised; (b)(1)(ix) removed; (b)(1)(x) added; 
        eff. in part 2-4-08 to 3-28-08...............................411
    (b)(1)(iii) and (v) revised; (b)(1)(viii), (ix) and (x) 
removed.............................................................5128
    (b)(1)(i) revised..............................................38143
622.38 (d)(1) amended..............................................68361
622.40 (a)(2), (b)(2), (c)(2) and (d)(1) removed; (a)(3), (b)(3), 
        (c)(3) and (d)(2) redesignated as new (a)(2), (b)(2), 
        (c)(2) and (d)(1)............................................411
622.41 (a)(4) and (i) revised........................................411
    (m) added.......................................................5128
    (g) revised; (h) removed........................................8223
    (g)(3)(i)(A), (B) and (E) revised..............................68361
622.42 (e)(1)(i) removed; (e)(1)(ii) and (iii) redesignated as new 
        (e)(1)(i) and (ii)...........................................411

[[Page 768]]

    (a)(1)(i) and (2) revised; (a)(1)(v) and (3) removed............5128
    (a)(1)(v) and (vi) added; (a)(2) revised.......................38143
622.43 (a)(1)(iii) added...........................................38143
622.44 (c)(3)(i) removed; (c)(3)(ii), (iii) and (iv) redesignated 
        as new (c)(3)(i), (ii) and (iii).............................411
    (b)(1)(ii)(A) revised...........................................7678
622.45 (c)(5) removed................................................411
622.48 (i) revised..................................................5128
    (k) removed; (l) and (m) redesignated as new (k) and (l).......58061
622.49 Added.......................................................38143
622 Appendix D amended.......................................8224, 68361
635 Temporary regulations......................7479, 50885, 68361, 76972
    Fishery management measures....................................79005
635.2 Amended........................................31389, 35827, 40707
    Amended; eff. 10-23-08.........................................54733
635.4 (a)(5) and (g)(2) revised.............................35827, 40707
    (m)(2) revised.................................................38153
635.5 (b)(2)(i)(B) revised.........................................31389
    (b)(1)(i), (ii) and (iv) revised........................35827, 40707
    Regulation at 73 FR 35827 and 40707 confirmed..................47851
635.8 (b)(4), (5) and (c)(4) revised...............................38153
635.21 (d)(1)(i), (ii) and (3)(ii) revised; (d)(1)(iii) added.....35828, 
                                                                   40708
    (e)(4)(iii) revised............................................38154
    (c)(2)(v)(A), (B), (D), (G), (5)(i) introductory text, 
(ii)(A), (C)(1), (e)(1)(ii), (iii) and (v) revised; introductory 
text, (c)(5)(i)(M), (iii)(C)(3) and (g) added; eff. in part 10-23-
08 and 1-1-09......................................................54734
635.22 (c) revised..........................................35828, 40708
635.24 (a) revised..........................................35829, 40709
635.27 (b)(1) and (2) revised...............................35829, 40709
635.28 (b)(1), (2) and (3) revised..........................35830, 40710
635.30 (c)(1) through (4) revised...........................35831, 40711
635.31 (c)(1) and (4) revised...............................35831, 40711
635.32 (a)(2), (f) and (g) revised; (h) added...............35831, 40711
635.69 (a) introductory text revised........................35832, 40712
635.71 (a)(2), (4), (6), (d)(3), (4), (6), (7), (8) and (d)(10) 
        revised; (d)(15), (16) and (17) added...............35832, 40712
    (d)(14) revised................................................38154
    (a)(23) revised; (b)(36) through (40) added; eff. 10-23-08.....54734
648 Temporary regulations......411, 820, 2184, 4758, 9957, 13463, 14187, 
         16571, 22287, 23129, 23130, 24885, 33924, 35084, 40986, 45358, 
         45882, 46554, 48306, 51743, 52634, 52929, 53158, 58497, 58498, 
         58898, 60986, 62445, 63652, 67811, 70600, 71561, 71945, 71946, 
                                74373, 74631, 77534, 78659, 79719, 80306
    Fishery management measures.........9957, 19439, 31770, 39624, 49617
    Technical correction...........................................31769
648.2 Amended........................................20117, 40190, 52215
648.4 (a)(1)(i)(I)(3), (2) introductory text, (i) introductory 
        text, (M)(1), (2), (O), (ii) and (e)(iv) revised; 
        (a)(2)(i)(P) added.........................................20117
    Regulation at 73 FR 20117 eff. date delayed in part............23386
    (a)(2)(ii)(ate delayed in part.................................23386
    (a)(2)(ii)(D)(2), (E), (H) and (I)(3) revised..................30802
    (a)(5)(i) revised..............................................37388
    (a)(5)(1) introductory text correctly revised..................44172
648.5 (a) revised..................................................20119
648.9 (c)(1)(iii) and (2)(i)(D) revised............................20119
    Regulation at 73 FR 20119 eff. date delayed in part............23386
    (c)(2)(i)(B) revised...........................................30802
648.10 (b)(1)(i) and (c) introductory text revised; (b)(1)(iii) 
        and (iv) removed; (b)(2)(i), (ii) and (4)(i) through (iv) 
        added......................................................20119
    Regulation at 73 FR 20119 eff. date delayed in part............23386
648.11 (h) and (i) revised..........................................4750
    (g)(2), (3), (4)(i), (ii), (5), (h)(5)(i), (iv), (vi), 
(vii)(A) and (E) revised; (h)(5)(vii)(G) through (J) added (OMB 
number pending in part)............................................30802
    Regulation at 73 FR 30802 confirmed in part....................39587
648.14 (a)(73), (p)(3), (5) and (11) revised.......................18449
    (a)(56), (57), (61), (f), (h)(1), (6), (9), (20), (27), (i) 
and (s) revised; (a)(180) and (h)(28) added........................20120
    Regulation at 73 FR 20120 eff. date delayed in part............23386
    (h)(27), (29) and (i)(2)(iv) revised; (i)(1)(xx) and (2)(xvii) 
added..............................................................30804

[[Page 769]]

    (p)(12) added..................................................37388
    (a)(170) and (171) suspended; (a)(181) and (182) added 
(temporary)........................................................38341
    (a)(132) and (c)(81) revised; (c)(89) added....................40190
    Amended........................................................52215
    (a)(170) and (171) added; eff. through 12-31-09................79722
648.20 (b) revised.................................................37388
648.21 (a)(1) through (4) revised..................................37388
648.22 (a) revised; (c) removed....................................18449
648.23 (a)(2) and (3) revised; (a)(4) and (d) removed..............18449
    (a)(4) added...................................................37388
648.24 (a)(1) revised...............................................4753
648.25 Added.......................................................18450
648.51 (a)(1) and (2)(i) revised...................................20122
648.52 Revised.....................................................20122
    Regulation at 73 FR 20122 eff. date delayed....................23386
648.53 Revised.....................................................20123
    (a)(1) through (7), (8)(i), (ii), (9), (b)(4) introductory 
text table, (5)(i), (ii), (6), (g)(1), (2), (h)(2)(ii) 
introductory text and (4) revised; (b)(4)(i) and (ii) added; 
(b)(5)(iii) removed................................................30804
648.54 (b), (c)(3) and (f) revised.................................20128
    Regulation at 73 FR 20128 eff. date delayed in part............23386
648.55 (e)(32) revised; (e)(33) added...............................4753
    (a) and (e) revised............................................20128
648.57 Revised.....................................................20129
648.58 (a) added; (b) revised; (e) through (h) removed.............30807
648.59 (b)(5)(i), (ii), (c)(5)(i), (ii), (d)(5)(i), (d)(5)(ii), 
        (e)(4)(i) and (iii), (d)(5)(i), (d)(5)(ii), (e)(4)(i) and 
        (ii) revised...............................................20129
    Regulation at 73 FR 20129 eff. date delayed in part............23386
    (a), (b)(5)(i), (ii), (c)(5)(i), (ii), (d)(5)(i), (ii), 
(e)(4)(i) and (ii) revised; (e)(3) removed;........................30807
    (a)(3)(ii), (b)(5)(ii), (c)(5)(ii), (d)(5)(ii) and (e)(4)(ii) 
revised............................................................30808
    (e)(3) added; (e)(4)(ii)(A) revised............................54736
648.60 (a) introductory text, (g)(1), (2) and (3) introductory 
        text revised...............................................20130
    Regulation at 73 FR 20130 eff. date delayed....................23386
    (a)(3)(i), (d)(1) and (e)(1) revised...........................30810
648.62 Added.......................................................20131
    (b)(1) revised.................................................30811
648.63 Added.......................................................20131
648.77 (a)(1) revised...............................................4753
648.80 (a)(8)(iv) introductory text, (11)(i)(A), (18)(ii)(A) and 
        (b)(11)(ii)(A) revised.....................................33924
648.85 (b)(6)(iv)(J)(1), (8)(v)(E) introductory text heading and 
        (1) revised; (b)(6)(iv)(J)(3) added........................40190
    Amended........................................................52215
648.87 (d)(1)(ii) and (2)(i) revised...............................18218
648.90 (a)(2)(i), (iii), (b)(1)(ii) and (c)(1)(i) revised...........4754
648.92 (a)(1), (b)(3), (4) and (8)(v) revised......................22834
648.94 (c)(3) and (f) revised......................................22835
648.96 Heading, (a), (b)(5) and (c)(1)(i) revised...................4755
    (b)(5) removed; (b)(6) revised; eff. 10-10-08..................52636
648.100 (a) revised; (b)(12) added..................................4755
648.102 Amended....................................................29999
648.103 (b) revised................................................29999
648.105 (a) amended................................................29999
648.107 (a) introductory text and (b) revised......................29999
648.108 (a)(1) revised..............................................4755
648.120 (a) revised; (b)(13) added..................................4756
648.122 (g) revised................................................29999
648.124 (b) revised................................................29999
648.125 (a) amended................................................30000
648.140 (a) revised; (b)(12) added..................................4756
648.160 (a) revised; (b)(9) added...................................4756
648.165 (a)(1) revised..............................................4756
648.200 (b) introductory text revised...............................4757
648.206 (b)(28) and (29) revised; (b)(30) added.....................4757
648.230 (a), (b)(4) and (5) revised; (b)(6) added...................4757
648.237 (a)(1) revised..............................................4757
648.260 (b) introductory text revised...............................4757
648.293 (a)(1)(xiv) and (xv) revised; (a)(1)(xvi) added.............4757
648.321 (b)(19) and (20) revised; (b)(21) added.....................4757
648 Figure 1 added.................................................40191

[[Page 770]]

    Figure 1 revised...............................................52215

                                  2009

  (Regulations published from January 1, 2009, through October 1, 2009)

50 CFR
                                                                   74 FR
                                                                    Page
Chapter VI
600.10 Amended.....................................................42792
600.310 Revised.....................................................3204
600.512 (a) revised................................................42793
600.745 (b)(3)(v)(C) through (H), (4) through (8) and 
        (d)(3)(ii)(B) through (F) redesignated as (b)(3)(v)(D) 
        through (I), (5) through (9) and (d)(3)(ii)(C) through 
        (G); new (b)(3)(V)(C), (b)(4), (d)(3)(ii)(B) and (e) 
        added; (a), (b)(1), (2)(v), (3)(i) introductory text, (C), 
        (ii), (iii) introductory text, (B), (C), (v) introductory 
        text, (F), (G), (5), (7), (c), (d)(1), (2)(vii), (3)(ii) 
        introductory text, (E) and (7) revised.....................42794
622 Temporary regulations.........5623, 8879, 9770, 13126, 17102, 21558, 
                                22476, 22710, 29430, 33170, 46509, 46510
622.1 (b) amended...................................................1151
    (b) Table 1 amended............................................44741
622.2 Amended............................1151, 1630, 17609, 30002, 44741
622.3 (a) revised; (f) added........................................1151
622.4 (a)(2)(v) suspension lifted; (a)(1)(iv) and (2)(v) revised; 
        (a)(2)(xiv) removed........................................17609
    (a)(2)(v), (ix) and (4)(ii) revised; (i) amended...............44742
    (a)(2)(viii) revised; (g)(1) amended; eff. 11-2-09.............50703
622.5 (a)(1)(vii) revised; eff. 11-2-09............................50704
622.6 (b)(1)(i)(B) heading revised; eff. 11-2-09...................50704
622.7 (ii) added....................................................1151
    (gg) and (hh) revised..........................................44742
622.9 (a)(1) amended; eff. 11-2-09.................................50704
622.16 (a) introductory text amended; (a)(1) and (c) revised.......44743
622.19 Revised; eff. 11-2-09.......................................50704
622.20 Added.......................................................44745
622.34 (k)(1)(iii), (o), (v) and (w) removed; (u) suspension 
        lifted; (u) revised........................................17609
    (q) added; eff. 5-18-09 through 10-28-09.......................20230
    (k) introductory heading, (2) and (3) revised; (k)(5) amended; 
(k)(1)(iii) added..................................................30002
    (k)(1) heading added; eff. 11-2-09.............................50705
622.35 (i) added....................................................1630
    (j) and (k) added..............................................30972
622.36 (b)(4) removed..............................................30972
622.37 (d)(2)(ii) revised; (d)(2)(iv) added........................17609
622.39 (b)(1)(ii) and (v) suspension lifted; (b)(1)(ii) revised; 
        (b)(1)(viii) and (ix) removed..............................17609
    (d)(1)(ii) introductory text, (A) and (v) revised..............30972
622.41 (n) added...................................................30972
    (a)(4)(i), (ii) and (iii) added; eff. 11-2-09..................50705
622.42 (a)(1)(ii) and (iii) revised; (a)(1)(vii) removed...........17610
    (e)(4) revised; (e)(7) added...................................30972
    (a)(1)(ii) revised; (a)(1)(iii) introductory text amended......44750
622.43 (a)(5) revised..............................................30972
622.44 (g) revised; (h) added......................................17610
    (g) removed....................................................44750
622.45 (d)(7) revised..............................................30972
622.49 (a)(3), (4) and (5) added...................................17610
622.50 Added........................................................1151
635 Fishery management measures......................15669, 26803, 30479
    Technical correction...........................................28635
    Temporary regulations..........................................44296
635.27 (a) introductory text, (1)(i), (2), (3), (4)(i), (5), (6), 
        (7)(i), (ii) and (10)(iii) revised.........................26116
640 Nomenclature change.............................................1152
640.1 Revised.......................................................1151
640.2 Amended.......................................................1152
640.3 (a) revised; (c) added........................................1152
640.7 Introductory text revised; (w) added..........................1152
640.8 Revised.......................................................1152
640.9 Revised.......................................................1152
640.27 Added........................................................1152
648 Fishery management measures..................29, 17102, 17107, 20423

[[Page 771]]

    Temporary regulations....233, 6997, 9963, 9964, 10515, 11327, 14933, 
         17106, 17907, 19458, 21559, 26589, 27251, 27252, 30973, 31199, 
                  35826, 39229, 43062, 44771, 45131, 47117, 47118, 48866
    Technical correction...........................................13348
    Framework adjustments..........................................30012
648.2 Amended......................................................20529
    Amended; eff. 11-1-09..........................................42598
648.4 (c)(2)(iii)(A) suspended; (c)(2)(iii)(C) added (temporary) 
                                                                   17052
    (a)(8)(ii) and (9)(i)(N)(3)(i) revised.........................20529
    (a)(12) revised; eff. 11-1-09..................................42598
648.7 (a)(1) introductory text, (d) and (e) revised................20530
    (b)(2)(ii) revised; eff. 11-1-09...............................42598
648.9 Revised......................................................20530
648.10 Revised.....................................................20530
648.11 (i)(3)(v) added.............................................20534
648.13 (a)(50), (53), (121), (129), (130), (132), (146), (153), 
        (165), (173), (174), (175), (177), (c)(7), (23) through 
        (26), (33), (39), (50), (51), (57) through (78), (81), 
        (82), (83), (86), (88), (89), (g)(4) and (5) suspension 
        lifted; (d) revised........................................20535
648.14 (a)(50), (53), (121), (129), (130), (132), (146), (153), 
        (165), (173), (174), (175), (177), (c)(7), (23) through 
        (26), (33), (39), (50), (51), (57) through (78), (81), 
        (82), (83), (85), (86), (88), (89), (g)(4) and (5) 
        suspended; (a)(181) through (188), (c)(90) through (134), 
        (g)(6) and (7) added (temporary)...........................17052
    Revised........................................................20535
    (k)(5)(vii)(B), (ix), (9)(i)(A), (ii)(G), (11)(i)(A)(3), (ii), 
(iii)(A), (B), (E), (F), (iv)(B), (v)(B)(1), (2), (12)(i)(B), 
(iv), (v)(A) through (F), (G)(2), (3), (H), (I), (J), (vi)(A) 
through (D), (E)(1), (2), (F) through (I), (vii)(A)(5)(ii), 
(B)(3), (13)(ii)(B), (D)(1), (2), (3)(i), (ii), (H), (16)(iii)(A) 
and (C) suspended; (k)(5)(vii)(C), (6)(ii)(C), (9)(i)(C), (D), 
(11)(i)(A)(5), (iii)(G) through (L), (iv)(C), (vii), (12)(i)(C), 
(v)(G)(4), (5), (6), (H)(3), (4), (K) through (S), (vi)(E)(3), 
(4), (J) through (S), (vii)(A)(8), (B)(4), (5), (viii), 
(13)(ii)(D)(5) through (8), (I), (J), (K), (16)(iii)(D), (E) and 
(v) added; eff. through 10-28-09...................................20552
    (k)(13)(ii)(H) suspended (temporary)...........................32468
    (u) revised; eff. 11-1-09......................................42598
648.25 (a) revised..................................................6248
648.51 (b)(4)(v) added.............................................20554
648.52 (c) revised.................................................20555
648.53 (b)(4) introductory text and table revised..................20555
648.54 (a)(1), (2) and (d) revised.................................20555
    (a) through (d) and (g) revised................................37953
648.60 (a)(2) revised..............................................20555
648.80 (i) suspended (temporary)...................................17054
648.81 (b)(2)(iv)(B) suspended; (b)(2)(iv)(C) added (temporary)....17054
648.82 (e)(2) stayed from 3-6-09 through 4-10-09; (k)(3) 
        introductory text revised; eff. 3-6-09 through 3-31-09; 
        interim....................................................10515
    (e)(2), (3), (j)(1)(iii)(A) through (D), (k)(4)(iv), (x), 
(l)(1)(iv) and (ix) suspended; (e)(4), (5), (j)(1)(iii)(E), (F) 
and (G) added (temporary)..........................................17054
    (e)(2)(iii)(B), (3), (j)(1)(ii)(B) and (2) suspension lifted 
and revised; newly revised (e)(2)(iii)(B) and (3) suspended 
through 10-28-09...................................................20555
    (k)(3) introductory text added (temporary).....................32468
648.83 (a)(1) and (3) suspended; (a)(4) added (temporary)..........17056

[[Page 772]]

648.85 (a)(3)(ii), (iii), (v)(A), (B), (C), (b)(4) through (7), 
        (8)(v)(E)(2) and (H) suspended; (a)(3)(v)(D), (E), (F), 
        (viii), (ix), (b)(8)(v)(E)(3), (M), (N), (9), (10) and 
        (11) added (temporary).....................................17056
    (a)(3)(ii)(A)(1), (b)(6)(i), (iv)(A), (B), (v) and (7)(iv)(A) 
suspension lifted, revised, and resuspended through 10-28-09.......20556
    (b)(10)(iv)(D), (v)(C), (D) and (11)(vi)(D) revised 
(temporary)........................................................32468
648.86 (b) suspended; (l), (m) and (n) added (temporary)...........17062
    (b)(1)(ii)(B) suspension lifted; (b)(1)(ii)(B) and (i) 
revised; new (b)(1)(ii)(B) suspended through 10-28-09..............20556
    (e) and (j) suspended; (o) added (temporary)...................32469
648.89 (b)(1), (c)(1)(v) and (2) suspended; (b)(5), (c)(1)(vi), 
        (5) and (f) added (temporary)..............................17064
648.92 (b)(1)(i), (iii)(A), (b)(2) and (8)(v) suspended; 
        (b)(1)(iii)(C), (vi), (8)(vi) and (10) added (temporary) 
                                                                   17064
648.95 (h) suspended; (i) added (temporary)........................17065
    (e)(4) revised.................................................20557
648.102 Introductory text amended..................................30011
648.103 (b) revised................................................30011
648.105 (a) amended................................................30011
648.107 (a) introductory text and (b) revised......................30011
648.143 (b) revised................................................30011
648.235 (a) and (b) revised; eff. through 4-30-10..................20234
648.260 (a)(1) suspended; (a)(4) added (temporary)..................9773
    Regulation at 74 FR 9773 expiration date extended to 2-28-10 
                                                                   42606
648.262 (b)(2) suspended; (b)(7) added (temporary)..................9773
    Regulation at 74 FR 9773 expiration date extended to 2-28-09 
                                                                   42606
648.263 (b)(3) revised.............................................20557
648.290 Heading, (b) and (c) revised...............................42599
648.291 Revised....................................................42599
648.292 Removed; eff.11-1-09.......................................42603
648.293 Revised; eff.11-1-09.......................................42603
648.294 Added; eff.11-1-09.........................................42603
648.295 Added; eff.11-1-09.........................................42603
648.296 Added; eff.11-1-09.........................................42603


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