[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34930-34964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16254]
[[Page 34929]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
15 CFR Part 902
50 CFR Parts 622, et al.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Interim
Final Rule
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules
and Regulations
[[Page 34930]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 622, 638, 641, 642, 645, 646, 647, 653, 658, 659, 669,
and 670
[Docket No. 960313071-6169-022; I.D. 050996D]
RIN 0648-AI20
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is consolidating eleven CFR parts into one new CFR part.
The new part contains regulations implementing management measures
contained in the fishery management plans (FMPs) for the following
domestic fisheries in the Caribbean, Gulf of Mexico, and South
Atlantic: Caribbean coral, Caribbean reef fish, Caribbean spiny
lobster, Gulf red drum, Gulf reef fish, Gulf shrimp, Gulf and South
Atlantic coastal migratory pelagics, Gulf and South Atlantic corals,
South Atlantic red drum, South Atlantic snapper-grouper, and South
Atlantic shrimp. This interim final rule reorganizes management
measures into a logical and cohesive order, removes duplicative and
outdated provisions, and makes changes to improve readability and
clarity and to achieve uniformity in regulatory language. This interim
final rule also amends references to Paperwork Reduction Act (PRA)
information-collection requirements to reflect the consolidation;
revises the existing, approved collections of information related to
submissions of permit applications to make them less burdensome; and
makes revisions to existing approved collections of information related
to reporting requirements to improve uniformity of regulatory language.
The intended effect of this interim final rule is to make the
regulations more concise, better organized, more uniform among
fisheries, and thereby easier for the public to use. This action is
part of the President's Regulatory Reinvention Initiative.
DATES: Interim final rule effective July 1, 1996. Written comments on
the interim final rule must be received on or before August 2, 1996.
ADDRESSES: Requests for and comments on the interim final rule must be
sent to the Southeast Regional Office, NMFS, 9721 Executive Center
Drive N., St. Petersburg, FL 33702. Comments regarding burden-hour
estimates or other aspects of the collection-of-information
requirements contained in this rule should be sent to Edward E.
Burgess, Southeast Regional Office, NMFS, 9721 Executive Center Drive
N., St. Petersburg, FL 33702, and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Washington,
DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Perry Allen or Rod Dalton, NMFS, 813-
570-5326.
SUPPLEMENTARY INFORMATION:
Background
In March 1995, President Clinton issued a directive to Federal
agencies regarding their responsibilities under his Regulatory
Reinvention Initiative. This initiative is part of the National
Performance Review and calls for comprehensive regulatory reform. The
President directed all agencies to undertake a review of all their
regulations, with an emphasis on eliminating or modifying those that
are obsolete, duplicative, or otherwise in need of reform. This interim
final rule is intended to carry out the President's directive with
respect to those regulations implementing the following FMPs for
domestic fisheries in the Caribbean, Gulf of Mexico, and South
Atlantic. These FMPs were prepared under the Magnuson Act by the
Caribbean, Gulf of Mexico, and/or South Atlantic Fishery Management
Councils (CFMC, GMFMC, SAFMC, respectively).
----------------------------------------------------------------------------------------------------------------
FMP title Responsible council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP........... SAFMC Mid-Atlantic and South
Atlantic.
FMP for Coastal Migratory Pelagic GMFMC/SAFMC Gulf,\1\ Mid-Atlantic \1\ \2\
Resources. and South Atlantic.\1\ \3\
FMP for Coral and Coral Reefs of the GMFMC Gulf.
Gulf of Mexico.
FMP for Coral, Coral Reefs, and Live/ SAFMC South Atlantic.
Hard Bottom Habitats of the South
Atlantic Region.
FMP for Corals and Reef Associated CFMC Caribbean.
Plants and Invertebrates of Puerto
Rico and the U.S. Virgin Islands.
FMP for the Red Drum Fishery of the GMFMC Gulf.\1\
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 of the GMFMC Gulf.\1\
Gulf of Mexico.
FMP for the Shrimp Fishery of the Gulf GMFMC Gulf.\1\
of Mexico.
FMP for the Shrimp Fishery of the SAFMC South Atlantic.
South Atlantic Region.
FMP for the Snapper-Grouper Fishery of SAFMC South Atlantic.\1\ \4\
the South Atlantic Region..
FMP for the Spiny Lobster Fishery of CFMC Caribbean.
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 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 north of 35 deg.15.3' N. lat., the
latitude of Cape Hatteras Light, NC.
Consolidation of Regulations Into One CFR Part (50 CFR Part 622)
Currently, regulations implementing the FMPs for Caribbean coral,
Caribbean reef fish, Caribbean spiny lobster, Gulf red drum, Gulf reef
fish, Gulf shrimp, Gulf and South Atlantic coastal migratory pelagics,
Gulf and South Atlantic corals, South Atlantic red drum, South Atlantic
snapper-grouper, and South Atlantic shrimp appear in eleven separate
parts of title 50 of the CFR. NMFS, through this rulemaking, removes
the eleven parts (50 CFR parts 638, 641, 642, 645, 646, 647, 653, 658,
659, 669, and 670) and consolidates the regulations contained therein
into one new part (50 CFR part 622). This
[[Page 34931]]
consolidated regulation provides the public with a single reference
source for the Federal marine fisheries regulations specific to the
Caribbean, Gulf of Mexico, and South Atlantic. The restructuring of the
eleven parts into a single part results in one set of regulations that
is more concise, clearer, and easier to use than the eleven separate
parts. General regulations pertaining to all fisheries, formerly at 50
CFR part 620, have also been restructured and consolidated and now
appear in 50 CFR part 600. Many provisions in these general fisheries
regulations apply to the fisheries in the EEZ in the Caribbean, Gulf of
Mexico, and South Atlantic.
Reorganization and Elimination of Regulations
In new part 622, NMFS has reorganized the consolidated management
measures in a more logical and cohesive order. Because portions of the
existing regulations contain identical or nearly identical provisions,
similar measures have been combined and restructured. Sections relating
to purpose and scope, definitions, relation to other laws, vessel
identification, prohibitions, facilitation of enforcement, penalties,
and specifically authorized activities, in each of the eleven existing
parts have been combined into single, respective sections in part 622.
For example, whereas the existing regulations contain eleven, nearly
identical purpose and scope sections, part 622 contains a single
purpose and scope section that addresses all applicable fisheries. As a
result of this consolidation effort, NMFS removed numerous duplicative
provisions from the regulations.
Throughout part 622, types of management measures and provisions
common to multiple fisheries are grouped together under a single
section heading, e.g., minimum sizes for all fisheries are located in a
single section. Within sections, information or requirements of general
applicability are stated in an introductory paragraph to minimize
duplication; any aspects unique to a particular fishery are addressed
in subsequent paragraphs within the section. Paragraph headings have
been added for ease in identifying measures, and regulatory language
has been revised to improve clarity and consistency. No substantive
changes were made to the regulations by this reorganization, or by the
removal of duplicative provisions.
Changes To Improve Uniformity Among Regulations
In the Southeast Region, many fishermen and dealers participate in
multiple fisheries. Making regulatory requirements among fisheries more
consistent simplifies the overall management regime, enhances the
ability of all parties, including NMFS personnel, to understand and
remember regulations, and improves compliance. As part of this
regulatory consolidation process, NMFS has standardized regulatory
provisions among fisheries where it was possible to do so without
significant change in regulatory impact or adverse impact on effective
management. The changes involved and the rationale and expected impacts
are discussed below. NMFS invites comment on these changes.
Permits and Fees
A person applying for a permit for a fishery in which a fish trap
or sea bass pot will be used is required, under existing regulations,
to indicate the desired color code for identifying buoys that are
attached to traps/pots. The current regulations for the Gulf reef fish
fishery explicitly state that white is not an acceptable color code,
and white has not been accepted as a color code in other trap/pot
fisheries. White is not acceptable because buoys are white. Therefore,
a white color code would be indistinguishable from a buoy that has no
color code and would frustrate enforcement. This rule makes the
explicit statement in the reef fish regulations applicable to all trap/
pot fisheries and merely provides advance notification to the permit
applicant, of the existing policy--there is no additional regulatory
effect.
Existing regulations require that the Director, Southeast Region,
NMFS (Regional Director) be notified within 15 days of any change in
pertinent information provided with a permit application. This rule
extends the time period to 30 days and is, therefore, less restrictive.
The option for a vessel permit for king or Spanish mackerel to be
transferred upon sale of the vessel and for the new owner to fish under
the preceding owner's permit for up to 60 days is deleted in this rule.
This complies with the intent of the Gulf of Mexico and South Atlantic
Fishery Management Councils that only owners who have documented their
permit eligibility be allowed to participate in the fishery. The change
is necessary to achieve consistent transfer provisions among fisheries.
This does not alter the existing requirement that all new owners apply
for a permit.
Recordkeeping and Reporting
Changes have been made to achieve consistency regarding deadlines
for submission of required reports by commercial vessel owners or
operators. This rule requires that all such reports be postmarked not
later than 7 days after the end of each trip. Deadlines for submission
in the current regulations are couched in various terms, such as
``transmitted'' and ``received,'' and, for Gulf reef fish, in terms of
``on a monthly basis (or more frequently, if requested by the Science
and Research Director).'' The Science and Research Director currently
requires submission of required reports by commercial vessel owners and
operators on a trip basis in all fisheries where such reports are
required. Regulations for the snapper-grouper fishery specify a
deadline of postmarked not later than the third day after sale of fish,
and the king and Spanish mackerel regulations contain no submission
deadline. This added deadline clarifies an implied but unspecified
deadline for king and Spanish mackerel, but has no immediate impact on
fishermen because no vessels are currently selected to submit reports
in the king and Spanish mackerel fishery. For snapper-grouper, the new
deadline is expected to be less restrictive on average.
This rule standardizes requirements for submission of required
reports for charter vessel and headboat owners or operators to achieve
consistency with the Gulf reef fish requirements. The reporting
deadline for charter vessels established by this rule is not later than
7 days after the end of the reporting period. Current regulations for
snapper-grouper charter vessels and headboats require submission on a
periodic basis, as specified by the Science and Research Director; for
coastal migratory pelagic charter vessels and headboats, weekly
submission is required but no deadline is specified. The new deadlines
make the requirements consistent among fisheries and provide needed
specificity. The new requirements are generally less burdensome than
existing requirements.
This rule clarifies that the deadline for submission of Gulf reef
fish and snapper-grouper dealer reports is 5 days after the end of the
month, unless modified by the Science and Research Director. Current
regulations are less specific, requiring submission as specified by the
Science and Research Director for Gulf reef fish dealers and at monthly
intervals, or more frequently, if requested, for snapper-grouper
dealers.
[[Page 34932]]
This rule requires submission of negative reports (no fish
received) for snapper-grouper and coastal migratory pelagics dealers,
if selected to report. This is a minimal reporting burden expected to
occur infrequently, but enhances enforceability of reporting
requirements. This requirement has been approved by OMB under OMB
control number 0648-0016.
This rule adds a provision allowing a dealer reporting South
Atlantic snapper-grouper, other than wreckfish, to report via facsimile
(fax). This is a less restrictive alternative provided for the
convenience of dealers.
The requirement to make fish available for inspection by the
Science and Research Director or an authorized officer is applied to
participants in the Caribbean reef fish and Caribbean spiny lobster
fisheries. This standardizes the requirement among all fisheries
regulated by this part and will improve enforceability. Additional
burden associated with this change is minimal since access to fish is
all that is required.
This rule provides a requirement for a charter vessel owner or
operator in the coastal migratory pelagics fishery, who has not been
selected to submit logbooks, to provide verbal responses to seven,
simple questions, if selected for an interview. This standardizes the
requirement among all fisheries regulated by this part that have a
charter vessel sector. This is a less burdensome alternative for
obtaining information on an as-needed basis compared to selecting the
entity to report on a continuing basis under authority in the current
regulations.
This rule authorizes the Science and Research Director to select
for reporting a snapper-grouper vessel that operates in state waters
adjoining the EEZ without a Federal permit. This standardizes the
requirement among fisheries and is necessary to ensure comprehensive
data collection essential for fisheries management. The purpose and
scope section of the existing snapper-grouper regulations states that
recordkeeping and reporting requirements apply in the EEZ and adjoining
state waters. The existing snapper-grouper regulations require the
owner or operator of a permitted vessel, charter vessel, or headboat
operating in adjoining state waters to report, if selected. The change
imposed by this interim final rule applies that same requirement to an
owner or operator of an unpermitted vessel operating in adjoining state
waters. This is necessary to ensure that all sources of fishing effort
and fishing mortality affecting the managed stock are properly
accounted for in the Federal management regime. NMFS is unaware of any
snapper-grouper vessels that operate exclusively in state waters, and,
therefore, are not permitted. Accordingly, this authorization should
have no immediate effect on fishermen and would not impose an
additional reporting burden.
Vessel and Gear Identification
This rule standardizes most vessel and gear identification
requirements among fisheries; provides less restrictive marking
requirements for vessels 25 ft (7.6 m) or less in length in all
fisheries; and makes changes in marking requirements to achieve
consistency, e.g., simply requires numbers and color codes on buoys to
be easily distinguished, located, and identified, versus the current
differing requirements regarding size of such markings in various
fisheries. These changes: (1) Enhance consistency; (2) address prior
complaints from small vessel owners regarding difficulty of complying
with marking requirements; (3) relieve restrictions; and (4) will not
impair enforcement.
The rule also requires that, in the South Atlantic snapper-grouper
fishery, a valid identification tag issued by the Regional Director be
attached to each sea bass pot on board a vessel with a Federal permit.
Current regulations require this only for pots used or possessed in the
EEZ; the revised language requires pots on board a vessel with a
Federal permit to have the tag attached while in state waters also.
This change makes this aspect of trap marking requirements consistent
in the Gulf and South Atlantic and will enhance enforceability. NMFS is
not aware of any vessels with Federal snapper-grouper permits that fish
exclusively in state waters; therefore, this change is not expected to
impose an additional burden. That is, if such vessels fish in Federal
waters, the pots would have to be tagged while in Federal waters under
current regulations. The change would simply require that tags remain
on the trap while in state waters.
Prohibited Gear and Methods
Use of explosives is prohibited currently for most fisheries
because of the obvious detrimental impacts on nontarget fishery
resources and habitat. To achieve consistency, this rule prohibits the
use of explosives in the Gulf shrimp fishery and makes explicit the
implied prohibition in the current coral regulations. NMFS is unaware
of any use of explosives in these fisheries; therefore, this change is
preventative and results in no additional regulatory burden on current
fishery participants.
Landing Fish Intact
For all fisheries for which fish must be landed intact, this rule
allows such fish to be gilled and scaled, in addition to being
eviscerated as allowed under current regulations. Currently only the
Gulf reef fish regulations allow such fish to be gilled and scaled.
This change would achieve consistency among fisheries, lessen existing
restrictions, and not impair the effectiveness of other management
measures for which the intact requirement was established.
Limitations on Fish Traps, Sea Bass Pots, and Spiny Lobster Traps
Current regulations require that, in the Caribbean reef fish
fishery, a trap owner's written authorization for another person to
pull or tend his traps must specify the time period for such
authorization. To achieve consistency, provide for effective management
and enforcement, and protect the owner's interests, this rule adds the
same requirement to the Caribbean spiny lobster fishery.
Specifically Authorized Activities
Current regulations for all fisheries being consolidated by this
rule provide for the appropriate authority to authorize, for the
acquisition of information and data, activities that are otherwise
prohibited. In addition, under the Gulf and South Atlantic coral
regulations, the Regional Director may issue a permit for an individual
to take or possess prohibited coral when such prohibited coral will be
used for a scientific, educational, or restoration purpose. New
regulations at 50 CFR 600.745, entitled ``Scientific research activity,
exempted fishing, and exempted educational activity,'' cover activities
that are otherwise prohibited and the take of prohibited coral for a
scientific, educational, or restoration purpose. Accordingly, 50 CFR
600.745 is referred to in the consolidated regulations in lieu of
including these provisions.
Delegation of Authority
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere has delegated to
the Assistant Administrator for Fisheries, NOAA (AA), the authority to
sign material for publication in the Federal Register.
[[Page 34933]]
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
Paperwork Reduction Act
This rule contains collection-of-information requirements subject
to the PRA.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirement of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
Approved Collection-of-Information Requirements
The following collection-of-information requirements have already
been approved by OMB under the following control numbers:
a. 0648-0013--Dealer reports estimated at 0.085 hours per response.
Dealer recordkeeping estimated at 0.667 hours per response. Trip
interviews estimated at 0.167 hours per response.
b. 0648-0016--Vessel reports: (1) Commercial vessel logbook reports
estimated at 0.18 hours per response, (2) charter vessel logbook
reports estimated at 0.20 hours per response, and (3) headboat logbook
reports estimated at 0.20 hours per response. Coral reports: (1)
Reports for individuals permitted to harvest prohibited coral,
allowable octocoral, or live rock or deposit live rock estimated at
0.25 hours per response, and (2) advance notification of aquacultured
live rock harvest estimated at 0.033 hours per response. Negative
reports for fishermen and dealers are estimated at 0.033 and 0.050
hours per response, respectively.
c. 0648-0205--Vessel permits estimated at 0.33 hours per response.
Dealer permits estimated at 0.83 hours per response. Coral permits
estimated at 0.25 hours per response.
d. 0648-0262--Wreckfish share transfers estimated at 0.25 hours per
response.
e. 0648-0305--Gear identification requirements estimated at 0.33
hours per response.
f. 0648-0306--Vessel identification requirements estimated at 0.75
hours per response.
The estimated response times include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collections of information.
Revision of Approved Collection-of-Information Requirements
This rule revises existing collection-of-information requirements
regarding submissions of applications for coral permits, vessel
permits, and dealer permits. The collections of information associated
with such applications are currently approved under OMB Control No.
0648-0205. In accordance with the President's Reporting Frequency
Reduction Project, this rule reduces the frequency with which an
applicant must apply for renewal of a coral, vessel, or dealer permit.
Specifically, an applicant must apply only every other year in lieu of
annually. A permit will continue to be issued for a 1-year period but
will be automatically renewed for a second year, provided a vessel
owner/operator or dealer has met the specific requirements for the
permit, all required reports have been submitted, and the permit is not
subject to sanction or denial. An applicant will be given a timely
opportunity to correct any deficiency before a permit expires. This
revision relieves a restriction regarding the frequency of responses
required. The public reporting burdens for the approved collections, in
terms of estimated time required per response, are unchanged by this
revision. Send comments regarding burden estimates, or any other aspect
of the data requirements, including suggestions for reducing the
burden, to NMFS and OMB (see ADDRESSES).
The changes necessary to achieve more uniform reporting
requirements, discussed above under ``Recordkeeping and reporting'',
have been approved by OMB under the approved collections of information
listed above.
Section 3507(c)(B)(i) of the PRA requires that agencies inventory
and display a current control number assigned by the Director, OMB, for
each agency information collection. Section 902.1(b) identifies the
location of NOAA regulations for which OMB approval numbers have been
issued. Because this interim final rule codifies many recordkeeping and
reporting requirements, 15 CFR 902.1(b) is revised to reference
correctly the new sections resulting from the consolidation.
Administrative Procedure Act
This interim final rule consolidates 11 sets of regulations for the
fisheries of the Caribbean, Gulf of Mexico, and South Atlantic into one
comprehensive rule; reorganizes management measures in logical order;
eliminates language that was duplicated among the various existing
rules; and makes minor changes in certain regulatory provisions to
provide a regulatory regime that is more consistent among all fisheries
and less complex. While some of these minor changes may be of the type
for which 5 U.S.C. 553 requires notice and opportunity for comment, to
do so in this instance would be impractical and contrary to the public
interest. The consolidation for the fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic is just one component of a comprehensive
consolidation and restructuring of all of NMFS' fisheries regulations.
That consolidation will be effective on July 1, 1996, and the
Caribbean, Gulf of Mexico, and South Atlantic consolidation must be
effective on that date as well or regulatory gaps and public confusion
will result. The majority of changes in the Caribbean, Gulf of Mexico,
and South Atlantic consolidation, including most of those that change
existing rights or obligations, have neutral or less restrictive
regulatory effects. Those few changes that result in greater
restrictions or obligations are not likely to have any immediate effect
for the reasons stated in the preamble. None of the changes are
expected to increase regulatory burden significantly. Accordingly, the
AA, under 5 U.S.C. 553(b)(3)(B), for good cause finds that providing
advance notice and opportunity for public comment is impractical and
contrary to the public interest. Public comment is invited for 30 days.
If any significant, unforeseen regulatory effects are identified during
public comment, appropriate changes will be made in the final rule. For
the same reasons, the AA, under 5 U.S.C. 553(d)(3), for good cause
waives the requirement to delay for 30 days the effectiveness of this
rule.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Parts 638, 641, 642, 645, 646, 653, and 658
Fisheries, Fishing, Reporting and recordkeeping requirements.
50 CFR Parts 647 and 659
Fisheries, Fishing.
50 CFR Parts 669 and 670
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
[[Page 34934]]
Dated: June 20, 1996.
Henry R. Beasley,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR chapter IX and 50
CFR chapter VI are amended as follows:
15 CFR CHAPTER IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b) table, in the entries for 50 CFR in
the left column, in numerical order, the entries ``638.4'', ``638.5'',
``638.6'', ``638.27'', ``641.5'', ``641.6'', ``641.10'', ``642.4'',
``642.5'', ``642.6'', ``645.4'', ``645.6'', ``646.4'', ``646.5'',
``646.6'', ``646.10'', ``653.5'', ``658.5'', ``658.6'', ``669.6'',
``670.6'', and ``670.23'' and their corresponding OMB control numbers
in the right column are removed, and new entries ``622.4'', ``622.5'',
``622.6'', 622.15'', ``622.41(a)'', and ``622.45(a)'' and their
corresponding OMB control numbers are added in numerical order to read
as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information (all numbers begin with 0648-
collection requirement is located )
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
622.4..................................... -0205.
622.5..................................... -0013, and -0016.
622.6..................................... -0305, and -0306.
622.15.................................... -0262.
622.41(a)................................. -0016 and -0305.
622.45(a)................................. -0013.
* * * * *
------------------------------------------------------------------------
50 CFR CHAPTER VI
3. Part 622 is added to read as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
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.
Subpart B--Effort Limitations
622.15 Wreckfish individual transferable quota (ITQ) system.
622.16 Red snapper individual transferable quota (ITQ) system.
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 South Atlantic EEZ seasonal and/or area closures.
622.36 Seasonal harvest limitations.
622.37 Minimum sizes.
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.
Appendix A to Part 622--Species Tables
Appendix B to Part 622--Gulf Areas
Appendix C to Part 622--Fish Length Measurements
Authority: 16 U.S.C. 1801 et seq.
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 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, or
South Atlantic EEZ, 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:
Table 1.--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
Responsible fishery management
FMP title council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP........... SAFMC Mid-Atlantic and South
Atlantic.
FMP for Coastal Migratory Pelagic GMFMC/SAFMC Gulf,\1\ Mid-Atlantic 1,2 and
Resources. South Atlantic.1, 3
FMP for Coral and Coral Reefs of the GMFMC Gulf.
Gulf of Mexico.
FMP for Coral, Coral Reefs, and Live/ SAFMC South Atlantic.
Hard Bottom Habitats of the South
Atlantic Region.
FMP for Corals and Reef Associated CFMC Caribbean.
Plants and Invertebrates of Puerto
Rico and the U.S. Virgin Islands.
FMP for the Red Drum Fishery of the GMFMC Gulf.1
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 of the GMFMC Gulf.1
Gulf of Mexico.
FMP for the Shrimp Fishery of the Gulf GMFMC Gulf.1
of Mexico.
FMP for the Shrimp Fishery of the SAFMC South Atlantic.
South Atlantic Region.
FMP for the Snapper-Grouper Fishery of SAFMC South Atlantic.1, 4
the South Atlantic Region.
FMP for the Spiny Lobster Fishery of CFMC Caribbean.
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 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.15.3' N. lat., the latitude of Cape Hatteras Light, NC.
[[Page 34935]]
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 used in this part have the following
meanings:
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.
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).
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.
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 around Puerto Rico and the U.S.
Virgin Islands.
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 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 meets the requirements of the USCG to carry six or fewer
passengers for hire and that carries a passenger for hire at any time
during the calendar year. A charter vessel with a commercial permit, as
required under 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.
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
(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.
Drift gillnet, for the purposes of this part, means a gillnet,
other than a run-around gillnet, that is unattached to the ocean
bottom, whether or not 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 or
a crustacean trap (that is, a type of trap historically used in the
directed fishery for blue crab, stone 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, 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.)
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.
HAPC means habitat area of particular concern.
Headboat means a vessel that holds a valid Certificate of
Inspection issued by the USCG to carry passengers for hire. 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--
(1) 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 Certificate of Inspection; or
(2) In the case of persons aboard fishing for or possessing coastal
migratory pelagic fish or Gulf reef fish, when there are more than
three persons aboard, including operator and crew.
Live rock means living marine organisms, or an assemblage thereof,
attached to a hard substrate, including dead coral or rock (excluding
individual mollusk shells).
MAFMC means the Mid-Atlantic Fishery Management Council.
[[Page 34936]]
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' 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' 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' N. lat., which is
a line directly east from the Dade/Monroe County, FL, boundary to the
outer limit of the EEZ.
Off Florida means the waters in the Gulf and South Atlantic from
30 deg.42'45.6'' N. lat., which is a line directly east from the
seaward terminus of the Georgia/Florida boundary, to 87 deg.31'06'' W.
long., which is a line directly south from the Alabama/Florida
boundary.
Off Georgia means the waters in the South Atlantic from a line
extending in a direction of 104 deg. from true north from the seaward
terminus of the South Carolina/Georgia boundary to 30 deg.42'45.6'' N.
lat., which is a line directly east from the seaward terminus of the
Georgia/Florida boundary.
Off Louisiana, Mississippi, and Alabama means the waters in the
Gulf other than off Florida and off Texas.
Off North Carolina means the waters in the South Atlantic from
36 deg.34'55'' N. lat., which is a line directly east from the
Virginia/North Carolina boundary, to a line extending in a direction of
135 deg.34'55'' from true north from the North Carolina/South Carolina
boundary, as marked by the border station on Bird Island at 33 deg.
51'07.9'' N. lat., 78 deg.32'32.6'' W. long.
Off South Carolina means the waters in the South Atlantic from a
line extending in a direction of 135 deg.34'55'' from true north from
the North Carolina/South Carolina boundary, as marked by the border
station on Bird Island at 33 deg.51'07.9'' N. lat., 78'32'32.6'' 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' N. lat., 93 deg.47.7' W. long. to 26 deg.11.4' N. lat.,
92 deg.53' W. long., which line is an extension of the boundary between
Louisiana and Texas.
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 Director (RD), for the purposes of this part, means the
Director, Southeast Region, NMFS (see Table 1 of Sec. 600.502 of this
chapter).
Run-around gillnet means a gillnet with a float line 1,000 yd (914
m) or less in length 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.
Shrimp means one or more of the following species, or a part
thereof:
(1) Brown shrimp, Penaeus aztecus.
(2) Pink shrimp, Penaeus duorarum.
(3) Rock shrimp, Sicyonia brevirostris.
(4) Royal red shrimp, Pleoticus robustus.
(5) Seabob shrimp, Xiphopenaeus kroyeri.
(6) White shrimp, Penaeus setiferus.
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.
Total length (TL), for the purposes of this part, means the
straight-line distance from the tip of the snout to the tip of the tail
(caudal fin), excluding any caudal filament, while the fish is lying on
its side. The mouth of the fish may be closed and/or the tail may be
squeezed together to give the greatest overall measurement. (See Figure
2 in Appendix C of this part.)
Toxic chemical means any substance, other than an allowable
chemical, that, when introduced into the water, can stun, immobilize,
or take marine life.
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.
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.
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) and (c) 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) Everglades National Park (36 CFR 7.45).
(2) Looe Key National Marine Sanctuary (15 CFR part 937).
(3) Fort Jefferson National Monument (36 CFR 7.27).
(4) Key Largo Coral Reef National Marine Sanctuary (15 CFR part
929).
[[Page 34937]]
(5) Biscayne National Park (16 U.S.C. 410gg).
(6) Gray's Reef National Marine Sanctuary (15 CFR Part 938).
(7) Monitor Marine Sanctuary (15 CFR part 924).
(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 Secs. 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.
Sec. 622.4 Permits and fees.
(a) Permits required. To conduct activities in fisheries governed
in this part, valid Federal permits are required as follows:
(1) Charter vessel/headboat permits. For a person aboard a vessel
that is operating as a charter vessel or headboat to fish for or
possess coastal migratory pelagic fish, Gulf reef fish, or South
Atlantic snapper-grouper in or from the EEZ, a charter vessel/headboat
permit for coastal migratory pelagic fish, Gulf reef fish, or South
Atlantic snapper-grouper, respectively, must have been issued to the
vessel and must be on board. A charter vessel or headboat may have both
a charter vessel/headboat permit and a commercial vessel permit.
However, when a vessel is operating as a charter vessel or headboat, a
person aboard must adhere to the bag limits.
(2) Commercial vessel permits and endorsements--(i) Fish traps in
the Gulf. For a person to possess or use a fish trap in the EEZ in the
Gulf of Mexico, a commercial vessel permit for Gulf reef fish with a
fish trap endorsement must have been issued to the vessel and must be
on board. See paragraph (n) of this section regarding a moratorium on
fish trap endorsements.
(ii) Gillnets for king mackerel in the Florida west coast subzone.
For a person aboard a vessel to use a run-around gillnet for king
mackerel in the Florida west coast subzone (see
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king and
Spanish mackerel with a gillnet endorsement must have been issued to
the vessel and must be on board. See paragraph (o) of this section for
restrictions on addition or deletion of a gillnet endorsement.
(iii) [Reserved]
(iv) King and Spanish mackerel. For a person aboard a vessel to be
eligible for exemption from the bag limits and to fish under a quota
for king or Spanish mackerel in or from the Gulf, Mid-Atlantic, or
South Atlantic EEZ, a commercial vessel permit for king and Spanish
mackerel must have been issued to the vessel and must be on board. To
obtain or renew a commercial vessel permit for king and Spanish
mackerel, at least 10 percent of the applicant's earned income must
have been derived from commercial fishing, that is, sale of fish
harvested from the applicant's vessels, 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, 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. 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 derived
from commercial fishing, that is, sale of fish harvested from the
applicant's vessels, or from charter or headboat operations during
either of the 2 calendar years preceding the application. See paragraph
(m) of this section regarding a moratorium on commercial vessel permits
for Gulf reef fish and paragraph (m)(3) of this section for a limited
exception to the earned income requirement for a permit.
(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 north
of 28 deg.35.1' 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
kilograms) of tilefish aboard is considered to be in the directed
fishery for tilefish. It is a rebuttable presumption that a fishing
vessel with more than 200 lb of tilefish aboard harvested such tilefish
in the EEZ. To obtain or renew a commercial vessel permit for South
Atlantic snapper-grouper, more than 50 percent of the applicant's
earned income must have been derived from commercial fishing, that is,
sale of fish harvested from the applicant's vessels, or from charter or
headboat operations; or gross sales of fish harvested from the owner's,
operator's, corporation's, or partnership's vessels must have been
greater than $20,000, during one of the 3 calendar years preceding the
application.
(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.)
(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
[[Page 34938]]
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.
(vi) Wild live rock permits. A Federal permit is required for a
vessel to take or possess wild live rock in or from the Gulf EEZ. To be
eligible for a wild live rock vessel permit, the current owner of the
vessel for which the permit is requested must have had the required
Florida permit and endorsements for live rock on or before February 3,
1994, and a record of landings of live rock on or before February 3,
1994, as documented on trip tickets received by the Florida Department
of Environmental Protection before March 15, 1994. For landings other
than in Florida, equivalent state permits/endorsements, if required,
and landing records may be substituted for the Florida permits/
endorsements and trip tickets. An owner will not be issued permits in
numbers exceeding the number of vessels for which the owning entity had
the requisite reported landings. An owner of a permitted vessel may
transfer the vessel permit to another vessel owned by the same person
by returning the existing permit with an application for a vessel
permit for the replacement vessel. No wild live rock vessel permits
will be issued after the quota for wild live rock in the Gulf, as
specified in Sec. 622.42(b)(2), is reached or after December 31, 1996.
(4) Dealer permits. For a dealer to receive Gulf reef fish, South
Atlantic snapper-grouper, or wreckfish harvested from the Gulf or South
Atlantic EEZ, a dealer permit for Gulf reef fish, South Atlantic
snapper-grouper, or wreckfish, respectively, must have been issued to
the dealer. To obtain a dealer permit, the applicant must have a valid
state wholesaler's license in the state(s) where the dealer operates,
if required by such state(s), and must have a physical facility at a
fixed location in such state(s).
(b) Applications for permits. Application forms for all permits are
available from the RD. Completed application forms and all required
supporting documents must be submitted to the RD 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 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 fish trap or sea bass pot will be used, the number,
dimensions, and estimated cubic volume of the traps/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).
(c) Change in application information. The owner or operator of a
vessel with a permit or a dealer with a permit must notify the RD
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 and for each fish trap or sea bass
pot
[[Page 34939]]
identification tag required under Sec. 622.6(b)(1)(i). The amount of
each fee is calculated in accordance with the procedures of the NOAA
Finance Handbook, available from the RD, 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 or request for fish
trap/sea bass pot identification tags.
(e) Initial issuance. (1) The RD will issue an initial permit at
any time to an applicant if the application is complete and the
specific requirements for the requested permit have been met. An
application is complete when all requested forms, information, and
documentation have been received.
(2) Upon receipt of an incomplete application, the RD will notify
the applicant of the deficiency. If the applicant fails to correct the
deficiency within 30 days of the date of the RD'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 the vessel or dealership is sold.
(g) Transfer. A vessel permit or endorsement or dealer permit
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 or as provided in paragraph (n) of this
section for a fish trap endorsement. A person who acquires a vessel or
dealership who desires to conduct activities for which a permit or
endorsement is required must apply for a permit or endorsement in
accordance with the provisions of this section. 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.
(h) Renewal. Although a permit required by this section is issued
on an annual basis, an application for permit renewal is required only
every 2 years. In the interim years, a permit is renewed automatically
(without application) for a vessel owner or dealer who has met the
specific requirements for the requested permit, who has submitted all
reports required under the Magnuson Act, and who is not subject to a
permit sanction or denial under paragraph (j) of this section. An owner
or dealer whose permit is expiring will be mailed a notification by the
RD approximately 2 months prior to expiration of the current permit.
That notification will advise the status of the renewal of the permit.
That is, the notification will advise that the renewed permit will be
issued without further action by the owner or dealer, that the permit
is not eligible for automatic renewal, or that a new application is
required. A notification that a permit is not eligible for automatic
renewal will specify the reasons and will provide an opportunity for
correction of any deficiencies. A notification that a new application
is required will include a preprinted renewal application. An
automatically renewed permit will be mailed by the RD approximately 1
month prior to expiration of the old permit. A vessel owner or dealer
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 RD.
(i) Display. A vessel permit 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
reef fish harvested from the Gulf EEZ. The operator of a vessel must
present the permit 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.
(j) Sanctions and denials. A permit or endorsement issued pursuant
to this section may be revoked, suspended, or modified, and a permit 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.
(k) Alteration. A permit that is altered, erased, or mutilated is
invalid.
(l) Replacement. A replacement permit or endorsement may be issued.
An application for a replacement permit or endorsement 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.
(m) Moratorium on commercial vessel permits for Gulf reef fish.
This paragraph (m) is effective through December 31, 2000.
(1) Except for an application for renewal of an existing commercial
vessel permit for Gulf reef fish, or as provided in paragraphs (m)(2)
and (3) of this section, no applications for such commercial vessel
permits will be accepted.
(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 by returning the existing permit to the RD with an application
for a commercial vessel permit for the replacement vessel.
(3) An owner whose earned income qualified for the commercial
vessel permit for Gulf reef fish may transfer that permit to the owner
of another vessel or to the new owner when he or she sells the
permitted vessel. The owner of a vessel that is to receive the
transferred permit must return the existing permit to the RD with an
application for a commercial vessel permit for Gulf reef fish for his
or her vessel. Such new owner may receive a commercial vessel permit
for Gulf reef fish for that vessel, and renew it for the first calendar
year after obtaining it, without meeting the earned income requirement
of paragraph (a)(2)(v) of this section. However, to renew the
commercial vessel permit for the second calendar year after the
transfer, the new owner must meet that earned income requirement not
later than the first calendar year after the permit transfer takes
place.
(4) 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 RD within 1 year of the expiration date of the permit.
(n) Moratorium on endorsements for fish traps in the Gulf. The
provisions of this paragraph (n) are effective through February 7,
1997.
(1) A fish trap endorsement will not be issued or renewed unless
the current owner of the commercially permitted vessel for which the
endorsement is requested has a record of landings of Gulf reef fish
from fish traps in the Gulf EEZ during 1991 or 1992, as reported on
fishing vessel logbooks received by the SRD on or before November 19,
1992. An owner will not be issued fish trap endorsements for vessels in
numbers exceeding the number of vessels for which the owning entity had
the requisite reported landings in 1991 or 1992.
(2) An owner of a vessel with a fish trap endorsement may transfer
the endorsement to another vessel owned by the same entity by returning
the existing endorsement with an application for an endorsement for the
replacement vessel.
(3) A fish trap endorsement is not transferable upon change of
ownership of a vessel with such endorsement, except as follows:
(i) Such endorsement is transferable when the change of ownership
of the permitted vessel is from one to another
[[Page 34940]]
of the following: Husband, wife, son, daughter, brother, sister,
mother, or father.
(ii) In the event that a vessel with a fish trap endorsement has a
change of ownership that is directly related to the disability or death
of the owner, the RD may issue such endorsement, temporarily or
permanently, with the commercial vessel permit for Gulf reef fish that
is issued for the vessel under the new owner. Such new owner will be
the person specified by the owner or his/her legal guardian, in the
case of a disabled owner, or by the will or executor/administrator of
the estate, in the case of a deceased owner. (Change of ownership of a
vessel with a commercial vessel permit for Gulf reef fish upon
disability or death of an owner is considered a purchase of a permitted
vessel and paragraph (m)(3) of this section applies regarding a
commercial vessel permit for Gulf reef fish for the vessel under the
new owner.)
(4) A fish trap endorsement in effect on September 12, 1995, may be
transferred to a vessel with a commercial vessel permit for Gulf reef
fish whose owner has a record of landings of reef fish from fish traps
in the Gulf EEZ, as reported on fishing vessel logbooks received by the
SRD from November 20, 1992, through February 6, 1994, and who was
unable to obtain a fish trap endorsement for such vessel under
paragraph (n)(1) of this section. The owner of a vessel that is to
receive the transferred endorsement must return the currently endorsed
commercial vessel permit for Gulf reef fish and the unendorsed permit
to the RD with an application for a fish trap endorsement for his or
her vessel. Revised commercial vessel permits will be returned to each
owner.
(5) If a fish trap endorsement is transferred under paragraph
(n)(3) or (4) of this section, the owner of the vessel to which the
endorsement is transferred may renew the endorsement without regard to
the requirement of paragraph (n)(1) of this section regarding a record
of landing of Gulf reef fish from fish traps.
(6) A fish trap endorsement that is not renewed or that is revoked
will not be reissued. Such endorsement is considered to be not renewed
when an application for renewal is not received by the RD within 1 year
of the expiration date of the permit.
(o) Endorsements for the use of gillnets for king and Spanish
mackerel in the Florida west coast subzone. Other paragraphs of this
section notwithstanding--
(1) An owner of a vessel that has a commercial vessel permit for
king and Spanish mackerel may add or delete a gillnet endorsement on a
permit by returning to the RD the vessel's existing permit with a
written request for addition or deletion of the gillnet endorsement.
Such request must be postmarked or hand delivered during June, each
year.
(2) A gillnet endorsement may not be added or deleted from July 1
through May 31 each year, any renewal of the permit during that period
notwithstanding. From July 1 through May 31, a permitted vessel that is
sold, if permitted by the new owner for king and Spanish mackerel, will
receive a permit with or without the gillnet endorsement as was the
case for the vessel under the previous owner. From July 1 through May
31, the initial commercial vessel permit for king and Spanish mackerel
issued for a vessel new to the fishery will be issued without a gillnet
endorsement.
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 or South Atlantic EEZ or adjoining state waters, or
whose vessel is issued a commercial permit for king and Spanish
mackerel, as required under Sec. 622.4(a)(2)(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. 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.
(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.
(2) Reporting deadline. Completed fishing records required by
paragraphs (a)(1)(i), (ii), and (iv) of this section must be submitted
to the SRD postmarked not later than 7 days after the end of each
fishing trip. If no fishing occurred during a calendar month, a report
so stating must be submitted on one of the forms postmarked not later
than 7 days after the end of that month. Information to be reported is
indicated on the form and its accompanying instructions.
(b) Charter vessel/headboat owners and operators--(1) Coastal
migratory pelagic fish, reef fish, and snapper-grouper. The owner or
operator of a vessel for which a charter vessel/headboat permit for
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic
snapper-grouper 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, or snapper-grouper in or from state waters adjoining the
Gulf or South Atlantic EEZ, who is selected to report by the SRD must
maintain a fishing record for each trip, or a portion of such trips as
specified by the SRD, on forms provided by the SRD and must submit such
record as specified in paragraph (b)(2) 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
[[Page 34941]]
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 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.
(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 RD 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 RD. Specific reporting requirements will be provided
with the permit. This reporting requirement is waived for aquacultured
live rock that is landed in Florida.
[[Page 34942]]
(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.
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 shrimp in the Gulf 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 fish trap endorsement has been issued, as required
under Sec. 622.4(a)(2)(i); 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 RD. 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 or pots--(i) 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.
(ii) Gulf and South Atlantic EEZ. A fish trap used or possessed in
the Gulf EEZ and a sea bass pot used or possessed in the South Atlantic
EEZ, or a fish trap or sea bass pot on board a vessel with a commercial
permit for Gulf reef fish or South Atlantic snapper-grouper, must have
a valid identification tag issued by the RD attached.
(2) Buoys. A buoy must display the assigned number and color code
so as to be easily distinguished, located, and identified as follows--
(i) Caribbean EEZ. Each buoy must display the official number and
color code specified for the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(ii) Gulf and South Atlantic EEZ. Each buoy must display the number
and color code assigned by the RD. In the Gulf EEZ, a buoy must be
attached to each trap, or each end trap if traps are connected by a
line. In the South Atlantic EEZ, buoys are not required to be used,
but, if used, each buoy must display the number and color code.
(c) Presumption of ownership. A Caribbean spiny lobster trap, a
fish 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 RD.
(d) Unmarked traps, pots, or buoys. An unmarked Caribbean spiny
lobster trap, a fish trap, a sea bass pot, or a buoy deployed in the
EEZ is illegal and may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer.
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 is
required under Sec. 622.4 without such permit.
(b) Falsify information on a permit application or submitted with
such application, as specified in Sec. 622.4(b).
(c) Fail to display a permit or endorsement, as specified in
Sec. 622.4(i).
(d) Falsify or fail to maintain, submit, or provide information
required to be maintained, submitted, or provided, 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).
(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).
(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 introductory text.
(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
[[Page 34943]]
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).
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
RD 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 from the RD. The RD will confirm, in writing, each
transfer of shares. The effective date of each transfer is the
confirmation date provided by the RD. 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 RD, 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 RD 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 RD 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 RD 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 RD.
(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 RD
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 RD through February 15.
Thus, the ITQs will be in terms of eviscerated weight of wreckfish.
(2) The RD 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).
(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.
[[Page 34944]]
(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 the NMFS, Office of Enforcement, Southeast
Region, St. Petersburg, FL, by telephone (1-800-853-1964), of the
location not less than 24 hours prior to offloading.
Sec. 622.16 Red snapper individual transferable quota (ITQ) system.
The ITQ system established by this section will remain in effect
through March 31, 2000, during which time NMFS and the GMFMC will
evaluate the effectiveness of the system. Based on the evaluation, the
system may be modified, extended, or terminated.
(a) Percentage shares. (1) Initial percentage shares of the annual
quota of red snapper are assigned to persons in accordance with the
procedure specified in Amendment 8 to the Fishery Management Plan for
the Reef Fish Fishery of the Gulf of Mexico (FMP) and in paragraphs
(c)(1) through (c)(4) of this section. Each person is notified by the
RD of his or her initial percentage shares. If additional shares become
available to NMFS, such as by forfeiture pursuant to subpart F of 15
CFR part 904 for rule violations, such shares will be proportionately
reissued to shareholders based on their shares as of November 1, after
the additional shares become available. If NMFS is required to issue
additional shares, such as may be required in the resolution of
disputes, existing shares will be proportionately reduced. This
reduction of shares will be based on shares as of November 1 after the
required addition of shares.
(2) All or a portion of a person's percentage shares may be
transferred to another person who is a U.S. citizen or permanent
resident alien. (See paragraph (c)(5) of this section for restrictions
on the transfer of shares in the initial months under the ITQ system.)
Transfer of shares must be reported on a form available from the RD.
The RD will confirm, in writing, the registration of each transfer. The
effective date of each transfer is the confirmation date provided by
the RD. The confirmation of registration date will normally be not
later than 3 working days after receipt of a properly completed
transfer form. However, reports of share transfers received by the RD
from November 1 through December 31 will not be recorded or confirmed
until after January 1. A fee is charged for each transfer of percentage
shares. 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 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.
(3) On or about January 1 each year, the RD will provide each red
snapper shareholder with a list of all red snapper shareholders and
their percentage shares, reflecting share transfers as indicated on
properly completed transfer forms received through October 31. Updated
lists may be obtained at other times, and by persons who are not red
snapper shareholders, by written request to the RD.
(b) ITQs. (1) Annually, as soon after November 15 as the following
year's red snapper quota is established, the RD will calculate each red
snapper shareholder's ITQ in terms of eviscerated weight. Each ITQ is
the product of the red snapper quota, in round weight, for the ensuing
fishing year, the factor for converting round weight to eviscerated
weight, and each red snapper shareholder's percentage share, reflecting
share transfers reported on forms received by the RD through October
31.
(2) The RD will provide each red snapper 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. If the transfer is by sale,
the seller must enter the sale price on the coupon.
(4) Except when the red snapper bag limit applies, red snapper in
or from the EEZ or on board a vessel that has been issued a commercial
permit for Gulf reef fish, as required under Sec. 622.4(a)(2)(v), may
not be possessed in an amount, in eviscerated weight, exceeding the
total of ITQ coupons on board. (See Sec. 622.39(a) for applicability of
the bag limit.)
(5) Prior to termination of a trip, the operator's signature and
the date signed must be written in ink on the ``Vessel'' part of ITQ
coupons totaling at least the eviscerated weight of the red snapper on
board. An owner or operator of a vessel must separate the ``Vessel''
part of each such coupon, enter thereon the permit number of the dealer
to whom the red snapper are transferred, and submit the ``Vessel''
parts with the logbook forms for that fishing trip. An owner or
operator of a vessel must make available to an authorized officer all
ITQ coupons in his or her possession upon request.
(6) Red snapper harvested from the EEZ or possessed by a vessel
with a commercial permit for Gulf reef fish, as required under
Sec. 622.4(a)(2)(v), may be transferred only to a dealer with a Gulf
reef fish permit, as required under Sec. 622.4(a)(4). The ``Fish
House'' part of each ITQ coupon must be given to such dealer, or the
agent or employee of such dealer, in amounts totaling at least the
eviscerated weight of the red snapper transferred to that dealer.
(7) A dealer with a Gulf reef fish permit may receive red snapper
only from a vessel that has on board a commercial permit for Gulf reef
fish. A dealer, or the agent or employee of a dealer, must receive the
``Fish House'' part of ITQ coupons totaling at least the eviscerated
weight of the red snapper received. Immediately upon receipt of red
snapper, the dealer, or the agent or employee of the dealer, must enter
the permit number of the vessel received from and date and sign each
such ``Fish House'' part. The dealer must submit all such parts as
required by paragraph (d)(6) of this section. A dealer, agent, or
employee must make available to an authorized officer all ITQ coupons
in his or her possession upon request.
(c) Procedures for implementation--(1) Initial shareholders. The
following persons are initial shareholders in the red snapper ITQ
system:
(i) Either the owner or operator of a vessel with a valid permit on
August 29, 1995, provided such owner or operator had a landing of red
snapper during the period 1990 through 1992. If the earned income of an
operator was used to qualify for the permit that is valid on August 29,
1995, such operator is the initial shareholder rather than the owner.
In the case of an owner, the term ``person'' includes a corporation or
other legal entity; and
(ii) A historical captain. A historical captain means an operator
who meets all of the following qualifications:
[[Page 34945]]
(A) From November 6, 1989, through 1993, fished solely under verbal
or written share agreements with an owner, and such agreements provided
for the operator to be responsible for hiring the crew, who was paid
from the share under his or her control.
(B) Landed from that vessel at least 5,000 lb (2,268 kg) of red
snapper per year in 2 of the 3 years 1990, 1991, and 1992.
(C) Derived more than 50 percent of his or her earned income from
commercial fishing, that is, sale of the catch, in each of the years
1989 through 1993.
(D) Landed red snapper prior to November 7, 1989.
(2) Initial shares. (i) Initial shares are apportioned to initial
shareholders based on each shareholder's average of the top 2 years'
landings in 1990, 1991, and 1992. However, no person who is an initial
shareholder under paragraph (c)(1) of this section will receive an
initial percentage share that will amount to less than 100 lb (45.36
kg), round weight, of red snapper (90 lb (41 kg), eviscerated weight).
(ii) The percentage shares remaining after the minimum shares have
been calculated under paragraph (c)(2)(i) of this section are
apportioned based on each remaining shareholder's average of the top 2
years' landings in 1990, 1991, and 1992. In a case where a landing is
associated with an owner and a historical captain, such landing is
apportioned between the owner and historical captain in accordance with
the share agreement in effect at the time of the landing.
(iii) The determinations of landings of red snapper during the
period 1990 through 1992 and historical captain status are made in
accordance with the data collected under Amendment 9 to the FMP. Those
data identify each red snapper landing during the period 1990 through
1992. Each landing is associated with an owner and, when an operator's
earned income was used to qualify for the vessel permit at the time of
the landing, with such operator. Where appropriate, a landing is also
associated with a historical captain. However, a red snapper landings
record during that period that is associated solely with an owner may
be retained by that owner or transferred as follows:
(A) An owner of a vessel with a valid commercial permit for Gulf
reef fish on August 29, 1995, who transferred a vessel permit to
another vessel owned by him or her will retain the red snapper landings
record for the previous vessel.
(B) An owner of a vessel with a valid commercial permit for Gulf
reef fish on August 29, 1995, will retain the landings record of a
permitted vessel if the vessel had a change of ownership to another
entity without a substantive change in control of the vessel. It will
be presumed that there was no substantive change in control of a vessel
if a successor in interest received at least a 50 percent interest in
the vessel as a result of the change of ownership whether the change of
ownership was--
(1) From a closely held corporation to its majority shareholder;
(2) From an individual who became the majority shareholder of a
closely held corporation receiving the vessel;
(3) Between closely held corporations with a common majority
shareholder; or
(4) From one to another of the following: Husband, wife, son,
daughter, brother, sister, mother, or father.
(C) In other cases of transfer of a permit through change of
ownership of a vessel, an owner of a vessel with a valid commercial
permit for Gulf reef fish on August 29, 1995, will receive credit for
the landings record of the vessel before his or her ownership only if
there is a legally binding agreement for transfer of the landings
record.
(iv) Requests for transfers of landings records must be submitted
to the RD and must be postmarked not later than December 14, 1995. The
RD may require documentation supporting such request. After considering
requests for transfers of landings records, the RD will advise each
initial shareholder or applicant of his or her tentative allocation of
shares.
(3) Notification of status. The RD will advise each owner,
operator, and historical captain for whom NMFS has a record of a red
snapper landing during the period 1990 through 1992, including those
who submitted such record under Amendment 9 to the FMP, of his or her
tentative status as an initial shareholder and the tentative landings
record that will be used to calculate his or her initial share.
(4) Appeals. (i) A special advisory panel, appointed by the GMFMC
to function as an appeals board, will consider written requests from
persons who contest their tentative status as an initial shareholder,
including historical captain status, or tentative landings record. In
addition to considering written requests, the board may allow personal
appearances by such persons before the board.
(ii) The panel is only empowered to consider disputed calculations
or determinations based on documentation submitted under Amendment 9 to
the FMP regarding landings of red snapper during the period 1990
through 1992, including transfers of such landings records, or
regarding historical captain status. In addition, the panel may
consider applications and documentation of landings not submitted under
Amendment 9 if, in the board's opinion, there is justification for the
late application and documentation. The board is not empowered to
consider an application from a person who believes he or she should be
eligible because of hardship or other factors.
(iii) A written request for consideration by the board must be
submitted to the RD, postmarked not later than December 27, 1995, and
must contain documentation supporting the allegations that form the
basis for the request.
(iv) The board will meet as necessary to consider each request that
is submitted in a timely manner. Members of the appeals board will
provide their individual recommendations for each appeal to the GMFMC,
which will in turn submit its recommendation to the RD. The board and
the GMFMC will recommend whether the eligibility criteria, specified in
Amendment 8 to the FMP and paragraphs (c)(1) and (c)(2) of this
section, were correctly applied in each case, based solely on the
available record including documentation submitted by the applicant.
The GMFMC will also base its recommendation on the recommendations of
the board. The RD will decide the appeal based on the above criteria
and the available record, including documentation submitted by the
applicant and the recommendation of the GMFMC. The RD will notify the
appellant of his decision and the reason therefor, in writing, normally
within 45 days of receiving the GMFMC's recommendation. The RD's
decision will constitute the final administrative action by NMFS on an
appeal.
(v) Upon completion of the appeal process, the RD will issue share
certificates to initial shareholders.
(5) Transfers of shares. The following restrictions apply to the
transfer of shares:
(i) The transfer of shares is prohibited through September 30,
1996.
(ii) From October 1, 1996, through September 30, 1997, shares may
be transferred only to other persons who are initial shareholders and
are U.S. citizens or permanent resident aliens.
(d) Exceptions/additions to general measures. Other provisions of
this part notwithstanding--
(1) Management of the red snapper ITQ system extends to adjoining
state waters in the manner stated in paragraphs (d)(2) and (d)(3) of
this section.
(2) For a dealer to receive red snapper harvested from state waters
adjoining
[[Page 34946]]
the Gulf EEZ by or possessed on board a vessel with a commercial permit
for Gulf reef fish, the dealer permit for Gulf reef fish specified in
Sec. 622.4(a)(4) must have been issued to the dealer.
(3) A copy of the dealer's permit must accompany each vehicle that
is used to pick up from a fishing vessel red snapper from adjoining
state waters harvested by or possessed on board a vessel with a
commercial permit for Gulf reef fish.
(4) As a condition of a commercial vessel permit for Gulf reef
fish, without regard to where red snapper are harvested or possessed, a
vessel with such permit must comply with the red snapper ITQ
requirements of paragraph (b) of this section; may not transfer or
receive red snapper at sea; and must maintain red snapper with head and
fins intact through landing, and the exceptions to that requirement
contained in Sec. 622.38(d) do not apply to red snapper. Red snapper
may be eviscerated, gilled, and scaled but must otherwise be maintained
in a whole condition.
(5) As a condition of a dealer permit for Gulf reef fish, as
required under Sec. 622.4(a)(4) or under paragraph (d)(2) of this
section, without regard to where red snapper are harvested or
possessed, a permitted dealer must comply with the red snapper ITQ
requirements of paragraph (b) of this section.
(6) In any month that a red snapper is received, a dealer must
submit the report required under Sec. 622.5(c)(3)(ii). The ``Fish
House'' parts of red snapper individual transferable coupons, received
during the month in accordance with paragraph (b) of this section, must
be submitted to the SRD with the report.
(7) It is unlawful for a person to do any of the following:
(i) Receive red snapper from a fishing vessel without a dealer
permit for Gulf reef fish.
(ii) Fail to carry a copy of the dealer's permit, as specified in
paragraph (d)(3) of this section.
(iii) Fail to comply with a condition of a permit, as specified in
paragraph (d)(4) or (d)(5) of this section.
(iv) Fail to report red snapper received, as specified in paragraph
(d)(6) of this section.
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) All other migratory groups of king and Spanish mackerel--April
1 through March 31.
(c) Wreckfish--April 16 through April 15.
Sec. 622.31 Prohibited gear and methods.
In addition to the prohibited gear/methods specified in this
section, see Secs. 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 in the South Atlantic
EEZ. A fish trap deployed in the South Atlantic EEZ may be disposed of
in any appropriate manner by the Assistant Administrator or an
authorized officer.
(d) Gillnets. A gillnet that has a float line that is more than
1,000 yd (914 m) in length or a drift gillnet may not be used in the
Gulf, Mid-Atlantic, or South Atlantic EEZ to fish for king or Spanish
mackerel; in the Gulf or South Atlantic EEZ to fish for coastal
migratory pelagic fish, other than bluefish; or in the Gulf EEZ to fish
for bluefish. A vessel in, or having fished on a trip in, the Gulf,
Mid-Atlantic, or South Atlantic EEZ with such a gillnet or a drift
gillnet on board may not have on board on that trip any of the
indicated fish.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) Sea bass pots. A sea bass pot may not be used in the South
Atlantic EEZ south of 28 deg.35.1' N. lat. (due east of the NASA
Vehicle Assembly Building, Cape Canaveral, FL). A sea bass pot deployed
in the EEZ south of 28 deg.35.1' N. lat. may be disposed of in any
appropriate manner by the Assistant Administrator or an authorized
officer.
(k) Spears and hooks. A spear, hook, or similar device may not be
used in the Caribbean EEZ to harvest a Caribbean spiny lobster. The
possession of a speared, pierced, or punctured Caribbean spiny lobster
in or from the Caribbean EEZ is prima facie evidence of violation of
this section.
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
[[Page 34947]]
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) Foureye, banded, and longsnout butterflyfish; jewfish; Nassau
grouper; and seahorses may not be harvested or possessed 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.
(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) Jewfish may not be harvested or possessed in or from the Gulf
EEZ.
(iii) Red drum may not be harvested or possessed in or from the
Gulf EEZ. Red drum caught in the Gulf EEZ must be released immediately
with a minimum of harm.
(3) Mid-Atlantic. Red drum may not be harvested or possessed in or
from the Mid-Atlantic EEZ south of a line extending in a direction of
115 deg. from true north commencing at a point at 40 deg.29.6' N. lat.,
73 deg.54.1' W. long., such point being the intersection of the New
Jersey/New York boundary with the 3- nm line denoting the seaward limit
of state waters. Red drum caught in such portion of the Mid-Atlantic
EEZ must be released immediately with a minimum of harm.
(4) 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) Jewfish and Nassau grouper may not be harvested or possessed
in or from the South Atlantic EEZ. Jewfish 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) Red drum may not be harvested or possessed in or from the
South Atlantic EEZ. Red drum caught in the South Atlantic EEZ must be
released immediately with a minimum of harm.
(iv) Wild live rock may not be harvested or possessed in the South
Atlantic EEZ.
(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 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.
Sec. 622.33 Caribbean EEZ seasonal and/or area closures.
(a) Mutton snapper spawning aggregation area. From March 1 through
June 30, each year, fishing is prohibited in the area bounded by rhumb
lines connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 17 deg.37.9' 64 deg.52.6'
B........................................... 17 deg.38.2' 64 deg.52.1'
C........................................... 17 deg.38.3' 64 deg.51.8'
D........................................... 17 deg.38.1' 64 deg.51.4'
A........................................... 17 deg.37.9' 64 deg.52.6'
------------------------------------------------------------------------
(b) Red hind spawning aggregation areas. From December 1 through
February 28, each year, fishing is prohibited in the following three
areas. Each area is bounded by rhumb lines connecting, in order, the
points listed.
(1) East of St. Croix.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 17 deg.50.2' 64 deg.27.9'
B........................................... 17 deg.50.1' 64 deg.26.1'
C........................................... 17 deg.49.2' 64 deg.25.8'
D........................................... 17 deg.48.6' 64 deg.25.8'
E........................................... 17 deg.48.1' 64 deg.26.1'
F........................................... 17 deg.47.5' 64 deg.26.9'
A........................................... 17 deg.50.2' 64 deg.27.9'
------------------------------------------------------------------------
(2) South of St. Thomas.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 18 deg.13.2' 65 deg.06.0'
B........................................... 18 deg.13.2' 64 deg.59.0'
C........................................... 18 deg.11.8' 64 deg.59.0'
D........................................... 18 deg.10.7' 65 deg.06.0'
A........................................... 18 deg.13.2' 65 deg.06.0'
------------------------------------------------------------------------
(3) West of Puerto Rico.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 18 deg.11.0' 67 deg.25.5'
B........................................... 18 deg.11.0' 67 deg.20.4'
C........................................... 18 deg.08.0' 67 deg.20.4'
D........................................... 18 deg.08.0' 67 deg.25.5'
A........................................... 18 deg.11.0' 67 deg.25.5'
------------------------------------------------------------------------
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'
B........................................... 30 deg.02.6' 87 deg.59.3'
C........................................... 29 deg.55.0' 87 deg.55.5'
D........................................... 29 deg.54.5' 88 deg.07.5'
A........................................... 30 deg.02.5' 88 deg.07.7'
------------------------------------------------------------------------
(b) Florida middle grounds HAPC. Fishing with a bottom longline,
bottom trawl, dredge, pot, or trap is prohibited
[[Page 34948]]
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'
B........................................... 28 deg.42.5' 84 deg.16.3'
C........................................... 28 deg.11.0' 84 deg.00.0'
D........................................... 28 deg.11.0' 84 deg.07.0'
E........................................... 28 deg.26.6' 84 deg.24.8'
A........................................... 28 deg.42.5' 84 deg.24.8'
------------------------------------------------------------------------
(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, and shown in Figures 1 and 2, in
Appendix B of this part.
(d) Riley's Hump seasonal closure. From May 1 through June 30, each
year, fishing is prohibited in the following area bounded by rhumb
lines connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 24 deg.32.2' 83 deg.08.7'
B........................................... 24 deg.32.2' 83 deg.05.2'
C........................................... 24 deg.28.7' 83 deg.05.2'
D........................................... 24 deg.28.7' 83 deg.08.7'
A........................................... 24 deg.32.2' 83 deg.08.7'
------------------------------------------------------------------------
(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.59'30
'' 82 deg.45'36
''
B........................................... 28 deg.59'30
'' 83 deg.00'10
''
C........................................... 28 deg.26'01
'' 82 deg.59'47
''
D........................................... 28 deg.26'01
'' 82 deg.56'54
''
E........................................... 28 deg.41'39
'' 82 deg.55'25
''
F........................................... 28 deg.41'39
'' 82 deg.56'09
''
G........................................... 28 deg.48'56
'' 82 deg.56'19
''
H........................................... 28 deg.53'51
'' 82 deg.51'19
''
I \1\....................................... 28 deg.54'43
'' 82 deg.44'52
''
J \2\....................................... 28 deg.51'09
'' 82 deg.44'00
''
K........................................... 28 deg.50'59
'' 82 deg.54'16
''
L........................................... 28 deg.41'39
'' 82 deg.53'56
''
M \3\....................................... 28 deg.41'39
'' 82 deg.38'46
''
N........................................... 28 deg.41'39
'' 82 deg.53'12
''
O........................................... 28 deg.30'51
'' 82 deg.55'11
''
P........................................... 28 deg.40'00
'' 82 deg.53'08
''
Q........................................... 28 deg.40'00
'' 82 deg.47'58
''
R........................................... 28 deg.35'14
'' 82 deg.47'47
''
S........................................... 28 deg.30'51
'' 82 deg.52'55
''
T........................................... 28 deg.27'46
'' 82 deg.55'09
''
U........................................... 28 deg.30'51
'' 82 deg.52'09
''
------------------------------------------------------------------------
\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 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'
C........................................... 26 deg.00.0' 82 deg.04.0'
D........................................... 25 deg.09.0' 81 deg.47.6'
E........................................... 24 deg.54.5' 81 deg.50.5'
M \1\....................................... 24 deg.49.3' 81 deg.46.4'
------------------------------------------------------------------------
\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, and shown in Figures 3 and 4, 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.
(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.
(3) A fish trap may not be used in the stressed area. A fish trap
used in the stressed area will be considered unclaimed or abandoned
property and may be disposed of in any appropriate manner by the
Assistant Administrator (including an authorized officer).
(h) Texas closure. (1) From 30 minutes after sunset on May 15 to 30
minutes after 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 RD may adjust the closing and/or opening date of the Texas closure
to provide an earlier, later, shorter, or longer closure, but the
duration of the closure may not exceed 90 days or be less than 45 days.
Notification of the adjustment of the closing or opening date will be
published in the Federal Register.
(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
[[Page 34949]]
connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
N \1\....................................... 25 deg.52.9' 81 deg.37.9'
F........................................... 25 deg.50.7' 81 deg.51.3'
G \2\....................................... 24 deg.40.1' 82 deg.26.7'
H \3\....................................... 24 deg.34.7' 82 deg.35.2'
P \4\....................................... 24 deg.35.0' 81 deg.08.0'
------------------------------------------------------------------------
\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'
N. lat., 82 deg.01.0' W. long. to point U at 24 deg.43.83' N. lat.,
82 deg.01.0' W. long. (on the line denoting the seaward limit of
Florida's waters); thence along the seaward limit of Florida's waters,
as shown on the current edition of NOAA chart 11439, to point V at
24 deg.42.55' N. lat., 82 deg.15.0' W. long.; thence north to point W
at 24 deg.43.6' N. lat., 82 deg.15.0' W. long.
(ii) Effective from April 11 through July 31, each year, that part
of the Tortugas shrimp sanctuary seaward of rhumb lines connecting the
following points is open to trawling: From point W to point V, both
points as specified in paragraph (i)(2)(i) of this section, to point G,
as specified in paragraph (i)(1) of this section.
(3) 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' N. lat.,
81 deg.52.2' W. long. (on the line denoting the seaward limit of
Florida's waters); thence along the seaward limit of Florida's waters,
as shown on the current edition of NOAA chart 11439, to point U and
north to point T, both points as specified in paragraph (i)(2)(i) of
this section.
(j) West and East Flower Garden Banks HAPC. Fishing with a bottom
longline, bottom trawl, dredge, pot, or trap is prohibited year-round
in the HAPC. The West and East Flower Garden Banks are geographically
centered at 27 deg.52'14.21'' N. lat., 93 deg.48'54.79'' W. long. and
27 deg.55'07.44'' N. lat., 93 deg.36'08.49'' W. long., respectively.
The HAPC extends from these centers to the 50-fathom (300-ft) (91.4-m)
isobath.
(k) Wild live rock area closures. No person may harvest or possess
wild live rock in the Gulf EEZ--
(1) North and west of a line extending in a direction of 235 deg.
from true north from a point at the mouth of the Suwannee River at
29 deg.17.25' N. lat., 83 deg.09.9' W. long. (the Levy/Dixie County, FL
boundary); or
(2) South of 25 deg.20.4' N. lat. (due west from the Monroe/Collier
County, FL boundary).
Sec. 622.35 South 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' 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' N. lat.
(due east of the entrance to St. Lucie Inlet, FL); or north of
27 deg.10' N. lat. where the charted depth is less than 50 fathoms
(91.4 m), as shown on the latest edition of the largest scale NOAA
chart of the location. A person aboard a vessel with a longline on
board that fishes on a trip in the South Atlantic EEZ south of
27 deg.10' N. lat., or north of 27 deg.10' N. lat. where the charted
depth is less than 50 fathoms (91.4 m), is limited on that trip to the
bag limit for South Atlantic snapper-grouper for which a bag limit is
specified in 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 HAPC. The Oculina Bank HAPC is bounded on the
north by 27 deg.53' N. lat., on the south by 27 deg.30' N. lat., on the
east by 79 deg.56' W. long., and on the west by 80 deg.00' W. long. In
the Oculina Bank HAPC:
(1) Fishing with a bottom longline, bottom trawl, dredge, pot, or
trap is prohibited.
(2) A fishing vessel may not anchor, use an anchor and chain, or
use a grapple and chain.
(3) No fishing for South Atlantic snapper-grouper is allowed, and
South Atlantic snapper-grouper may not be retained, in or from the
HAPC. South Atlantic snapper-grouper taken incidentally in the HAPC 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' N. lat.;
on the south by 33 deg.30.51' N. lat.; on the east by 78 deg.57.55' W.
long.; and on the west by 78 deg.58.85' W. long.
(ii) Ten Mile Reef is bounded on the north by 33 deg.26.65' N.
lat.; on the south by 33 deg.24.80' N. lat.; on the east by
78 deg.51.08' W. long.; and on the west by 78 deg.52.97' W. long.
[[Page 34950]]
(iii) Pawleys Island Reef is bounded on the north by 33 deg.26.58'
N. lat.; on the south by 33 deg.25.76' N. lat.; on the east by
79 deg.00.29' W. long.; and on the west by 79 deg.01.24' W. long.
(iv) Georgetown Reef is bounded on the north by 33 deg.14.90' N.
lat.; on the south by 33 deg.13.85' N. lat.; on the east by
78 deg.59.45' W. long.; and on the west by 79 deg.00.65' W. long.
(v) Capers Reef is bounded on the north by 32 deg.45.45' N. lat.;
on the south by 32 deg.43.91' N. lat.; on the east by 79 deg.33.81' W.
long.; and on the west by 79 deg.35.10' W. long.
(vi) Kiawah Reef is bounded on the north by 32 deg.29.78' N. lat.;
on the south by 32 deg.28.25' N. lat.; on the east by 79 deg.59.00' W.
long.; and on the west by 80 deg.00.95' W. long.
(vii) Edisto Offshore Reef is bounded on the north by 32 deg.15.30'
N. lat.; on the south by 32 deg.13.90' N. lat.; on the east by
79 deg.50.25' W. long.; and on the west by 79 deg.51.45' W. long.
(viii) Hunting Island Reef is bounded on the north by 32 deg.13.72'
N. lat.; on the south by 32 deg.12.30' N. lat.; on the east by
80 deg.19.23' W. long.; and on the west by 80 deg.21.00' W. long.
(ix) Fripp Island Reef is bounded on the north by 32 deg.15.92' N.
lat.; on the south by 32 deg.14.75' N. lat.; on the east by
80 deg.21.62' W. long.; and on the west by 80 deg.22.90' W. long.
(x) Betsy Ross Reef is bounded on the north by 32 deg.03.60' N.
lat.; on the south by 32 deg.02.88' N. lat.; on the east by
80 deg.24.57' W. long.; and on the west by 80 deg.25.50' W. long.
(xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by
32 deg.00.71' N. lat.; on the south by 31 deg.59.42' N. lat.; on the
east by 80 deg.35.23' W. long.; and on the west by 80 deg.36.37' W.
long.
(xii) Artificial Reef--A is bounded on the north by 30 deg.56.4' N.
lat.; on the south by 30 deg.55.2' N. lat.; on the east by 81 deg.15.4'
W. long.; and on the west by 81 deg.16.5' W. long.
(xiii) Artificial Reef--C is bounded on the north by 30 deg.51.4'
N. lat.; on the south by 30 deg.50.1' N. lat.; on the east by
81 deg.09.1' W. long.; and on the west by 81 deg.10.4' W. long.
(xiv) Artificial Reef--G is bounded on the north by 30 deg.59.1' N.
lat.; on the south by 30 deg.57.8' N. lat.; on the east by 80 deg.57.7'
W. long.; and on the west by 80 deg.59.2' W. long.
(xv) Artificial Reef--F is bounded on the north by 31 deg.06.6' N.
lat.; on the south by 31 deg.05.6' N. lat.; on the east by 81 deg.11.4'
W. long.; and on the west by 81 deg.13.3' W. long.
(xvi) Artificial Reef--J is bounded on the north by 31 deg.36.7' N.
lat.; on the south by 31 deg.35.7' N. lat.; on the east by 80 deg.47.0'
W. long.; and on the west by 80 deg.48.1' W. long.
(xvii) Artificial Reef--L is bounded on the north by 31 deg.46.2'
N. lat.; on the south by 31 deg.45.1' N. lat.; on the east by
80 deg.35.8' W. long.; and on the west by 80 deg.37.1' W. long.
(xviii) Artificial Reef--KC is bounded on the north by 31 deg.51.2'
N. lat.; on the south by 31 deg.50.3' N. lat.; on the east by
80 deg.46.0' W. long.; and on the west by 80 deg.47.2' W. long.
(xix) Ft. Pierce Inshore Reef is bounded on the north by
27 deg.26.8' N. lat.; on the south by 27 deg.25.8' N. lat.; on the east
by 80 deg.09.24' W. long.; and on the west by 80 deg.10.36' 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
'
B........................................... 27 deg.22.80
' 80 deg.03.60
'
C........................................... 27 deg.23.94
' 80 deg.00.02
'
D........................................... 27 deg.24.85
' 80 deg.00.33
'
A........................................... 27 deg.23.68
' 80 deg.03.95
'
------------------------------------------------------------------------
(xxi) Key Biscayne/Artificial Reef--H is bounded on the north by
25 deg.42.82' N. lat.; on the south by 25 deg.41.32' N. lat.; on the
east by 80 deg.04.22' W. long.; and on the west by 80 deg.05.53' W.
long.
(xxii) Little River Offshore Reef is bounded on the north by
33 deg.42.10' N. lat.; on the south by 33 deg.41.10' N. lat.; on the
east by 78 deg.26.40' W. long.; and on the west by 78 deg.27.10' W.
long.
(xxiii) BP-25 Reef is bounded on the north by 33 deg.21.70' N.
lat.; on the south by 33 deg.20.70' N. lat.; on the east by
78 deg.24.80' W. long.; and on the west by 78 deg.25.60' W. long.
(xxiv) Vermilion Reef is bounded on the north by 32 deg.57.80' N.
lat.; on the south by 32 deg.57.30' N. lat.; on the east by
78 deg.39.30' W. long.; and on the west by 78 deg.40.10' W. long.
(xxv) Cape Romaine Reef is bounded on the north by 33 deg.00.00' N.
lat.; on the south by 32 deg.59.50' N. lat.; on the east by
79 deg.02.01' W. long.; and on the west by 79 deg.02.62' W. long.
(xxvi) Y-73 Reef is bounded on the north by 32 deg.33.20' N. lat.;
on the south by 32 deg.32.70' N. lat.; on the east by 79 deg.19.10' W.
long.; and on the west by 79 deg.19.70' W. long.
(xxvii) Eagles Nest Reef is bounded on the north by 32 deg.01.48'
N. lat.; on the south by 32 deg.00.98' N. lat.; on the east by
80 deg.30.00' W. long.; and on the west by 80 deg.30.65' W. long.
(xxviii) Bill Perry Jr. Reef is bounded on the north by
33 deg.26.20' N. lat.; on the south by 33 deg.25.20' N. lat.; on the
east by 78 deg.32.70' W. long.; and on the west by 78 deg.33.80' W.
long.
(xxix) Comanche Reef is bounded on the north by 32 deg.27.40' N.
lat.; on the south by 32 deg.26.90' N. lat.; on the east by
79 deg.18.80' W. long.; and on the west by 79 deg.19.60' W. long.
(2) The use of a sea bass pot or a bottom longline is prohibited in
each of the SMZs. The following additional restrictions apply in the
indicated SMZs:
(i) In SMZs specified in paragraphs (e)(1) (i) through (xviii) and
(e)(1) (xxii) through (xxix) of this section, the use of a gillnet or a
trawl is prohibited; and fishing may be conducted only with hand-held
hook-and-line gear (including a manual, electric, or hydraulic rod and
reel) and spearfishing gear.
(ii) In SMZs specified in paragraphs (e)(1) (xix) and (xx) of this
section, a hydraulic or electric reel that is permanently affixed to
the vessel is prohibited when fishing for South Atlantic snapper-
grouper.
(iii) In the SMZs specified in paragraphs (e)(1) (xix) and (xxi) of
this section, the use of spearfishing gear is prohibited.
(iv) In the SMZs specified in paragraphs (e)(1)(i) through (x) and
(e)(1) (xxii) through (xxix) of this section, a powerhead may not be
used to take South Atlantic snapper-grouper. Possession of a powerhead
and a mutilated South Atlantic snapper-grouper in one of the specified
SMZs, or after having fished in one of the SMZs, constitutes prima
facie evidence that such fish was taken with a powerhead in the SMZ.
Sec. 622.36 Seasonal harvest limitations.
The following limitations apply in the South Atlantic EEZ:
(a) Greater amberjack spawning season. During April, each year,
south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL), the possession of greater amberjack in
or from the EEZ on board a vessel that has a commercial permit for
South Atlantic snapper-grouper is limited to three per person during a
single day, regardless of the number of trips or the duration of a
trip.
(b) Mutton snapper spawning season. During May and June, each year,
the possession of mutton snapper in or from the EEZ on board a vessel
that has a commercial permit for South Atlantic snapper-grouper is
limited to 10 per person during a single day, regardless of the number
of trips or the duration of a trip.
(c) 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
[[Page 34951]]
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.
Sec. 622.37 Minimum sizes.
Except for undersized king and Spanish mackerel allowed in
paragraphs (c)(2) and (3) of this section, a fish smaller than its
minimum size, 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. An undersized fish 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 no
smaller than the minimum 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 or South
Atlantic--33 inches (83.8 cm), fork length.
(2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--20
inches (30.5 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) Black sea bass and lane and vermilion
snappers--8 inches (20.3 cm), TL.
(2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm), TL.
(3) Red snapper--
(i) Effective through December 31, 1997--15 inches (38.1 cm), TL;
(ii) Effective January 1, 1998--16 inches (40.6 cm), TL.
(4) Black, red, Nassau, and yellowfin groupers and gag--20 inches,
(50.8 cm), TL.
(5) Greater amberjack--28 inches (71.1 cm), fork length, for a fish
taken by a person subject to the bag limit specified in
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.
(e) South Atlantic snapper-grouper. (1) Black sea bass and lane
snapper--8 inches (20.3 cm), TL.
(2) Vermilion snapper--10 inches (25.4 cm), TL, for a fish taken by
a person subject to the bag limit specified in Sec. 622.39(d)(1)(v) and
12 inches (30.5 cm), TL, for a fish taken by a person not subject to
the bag limit.
(3) Blackfin, cubera, dog, gray, mahogany, queen, silk, and
yellowtail snappers; schoolmaster; and red porgy--12 inches (30.5 cm),
TL.
(4) Gray triggerfish in the South Atlantic EEZ off Florida--12
inches (30.5 cm), TL.
(5) Hogfish--12 inches (30.5 cm), fork length.
(6) Mutton snapper--16 inches (40.6 cm), TL.
(7) Black, red, yellowfin, and yellowmouth grouper; scamp; gag; and
red snapper--20 inches (50.8 cm), TL.
(8) 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, or, if the
head is removed, 28 inches (71.1 cm), measured from the center edge at
the deheaded end to the fork of the tail, for a fish taken by a person
not subject to the bag limit. (See Figure 2 in Appendix C of this part
for deheaded fish length measurement.)
(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.
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: A
cobia in or from the Gulf or South Atlantic EEZ; a king mackerel or
Spanish mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic
EEZ; a South Atlantic snapper-grouper in or from the South Atlantic
EEZ; a yellowtail snapper in or from the Caribbean EEZ; and, except as
specified in paragraphs (c), (d), and (e) of this section, a finfish in
or from the Gulf EEZ. 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.
(d) In the Gulf EEZ:
(1) Bait is exempt from the requirement to be maintained with head
and fins intact.
(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 in\3\ (7.6 cm\3\) 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 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) In the South Atlantic EEZ, a greater amberjack on or offloaded
ashore from a vessel that has a permit specified in
Sec. 622.4(a)(2)(vi) may be deheaded and eviscerated, but must
otherwise be maintained in a whole condition through offloading ashore.
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. Bag
limits apply to a person on a daily basis, regardless of the number of
trips in a day. 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
[[Page 34952]]
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 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.
(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.
(b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--3.
(ii) Groupers, combined, excluding jewfish--5.
(iii) Red snapper--5.
(iv) Snappers, combined, excluding red, lane, and vermilion
snapper--10.
(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.
(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--10.
(iv) Gulf migratory group Spanish mackerel--
(A) Off Louisiana, Mississippi, and Alabama--10.
(B) Off Florida--10, which is the daily bag limit specified by
Florida for its waters (Rule 46-23.005(1), Florida Administrative
Code). If Florida changes its limit, the bag limit specified in this
paragraph (c)(1)(iv)(B) will be changed to conform to Florida's limit,
provided such limit does not exceed 10.
(C) Off Texas--7, which is the daily bag limit specified by Texas
for its waters (Rule 31-65.72(c)(4)(A), Texas Administrative Code). If
Texas changes its limit, the bag limit specified in this paragraph
(c)(1)(iv)(C) will be changed to conform to Texas' limit, provided such
limit does not exceed 10.
(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--3.
(ii) Groupers, combined, excluding jewfish and Nassau grouper, and
tilefishes--5.
(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--10.
(2) Possession limits. Provided each passenger is issued and has in
possession a receipt issued on behalf of the vessel that verifies the
duration of the trip--
(i) A person aboard a charter vessel or headboat on a trip that
spans more than 24 hours may possess no more than two daily bag limits.
(ii) A person aboard a headboat on a trip that spans more than 48
hours and who can document that fishing was conducted on at least 3
days may possess no more than three daily bag limits.
(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 any one of these three elements constitutes removal
of a longline.
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) Gulf EEZ. A fish trap in the Gulf EEZ may be pulled or tended
only by a person (other than an authorized officer) aboard the vessel
with the fish trap endorsement to fish such trap or aboard another
vessel if such vessel has on board written consent of the owner or
operator of the vessel so endorsed. Such written consent is valid
solely for the removal of fish traps from the EEZ, and harvest of fish
incidental to such removal, when vessel or equipment breakdown prevents
the vessel with the fish trap endorsement from retrieving its traps.
(3) South Atlantic EEZ. A sea bass pot in the South Atlantic EEZ
may be pulled or tended only by a person (other than an authorized
officer) aboard the vessel permitted to fish such pot or aboard another
vessel if such vessel has on board written consent of the owner or
operator of the vessel so permitted.
(b) Escape mechanisms--(1) Caribbean EEZ. (i) A fish trap used or
possessed in the Caribbean EEZ must have a panel located on each of two
sides of the trap, excluding the top, bottom, and side containing the
trap entrance. The opening covered by a panel must measure not less
than 8 by 8 inches (20.3 by 20.3 cm). The mesh size of a panel may not
be smaller than
[[Page 34953]]
the mesh size of the trap. A 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 one of the panels, 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) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must
have at least two escape windows on each of two sides, excluding the
bottom (a total of four escape windows), that are 2 by 2 inches (5.1 by
5.1 cm) or larger. In addition, a fish trap must have a panel or access
door located opposite each side of the trap that has a funnel. The
opening covered by each panel or access door must be 144 in2 (929
cm2) or larger, with one dimension of the area equal to or larger
than the largest interior axis of the trap's throat (funnel) with no
other dimension less than 6 inches (15.2 cm). The hinges and fasteners
of each panel or access door must be constructed of one of the
following degradable materials:
(i) Untreated jute string with a diameter not exceeding \3/16\ inch
(4.8 mm) that is not wrapped or overlapped.
(ii) Magnesium alloy, time float releases (pop-up devices) or
similar magnesium alloy fasteners.
(3) South Atlantic EEZ. (i) A sea bass pot that is used or
possessed in the South Atlantic EEZ north of 28 deg.35.1' N. lat. (due
east of the NASA Vehicle Assembly Building, Cape Canaveral, FL) is
required to have on at least one side, excluding top and bottom, a
panel or door with an opening equal to or larger than the interior end
of the trap's throat (funnel). The hinges and fasteners of each panel
or door must be made of one of the following degradable materials:
(A) Untreated hemp, jute, or cotton string with a diameter not
exceeding \3/16\ inch (4.8 mm).
(B) Magnesium alloy, timed float releases (pop-up devices) or
similar magnesium alloy fasteners.
(C) Ungalvanized or uncoated iron wire with a diameter not
exceeding \1/16\ inch (1.6 mm), that is, 16 gauge wire.
(ii) [Reserved]
(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) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must
meet all of the following mesh size requirements (based on centerline
measurements between opposite wires or netting strands):
(i) A minimum of 2 in2 (12.9 cm2) opening for each mesh.
(ii) One-inch (2.5-cm) minimum length for the shortest side.
(iii) Minimum distance of 1 inch (2.5 cm) between parallel sides of
rectangular openings, and 1.5 inches (3.8 cm) between parallel sides of
square openings and of mesh openings with more than four sides.
(iv) One and nine-tenths inches (4.8 cm) minimum distance for
diagonal measures of mesh.
(3) 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) Hexagonal mesh (chicken wire)--at least 1.5 inches (3.8 cm)
between the wrapped sides;
(B) Square mesh--at least 1.5 inches (3.8 cm) between sides; or
(C) Rectangular mesh--at least 1 inch (2.5 cm) between the longer
sides and 2 inches (5.1 cm) between the shorter sides.
(ii) [Reserved]
(d) Area-specific restrictions--(1) Gulf EEZ. In the Gulf EEZ, a
fish trap may be pulled or tended only from official sunrise to
official sunset. The operator of a vessel from which a fish trap is
deployed in the Gulf EEZ must retrieve all the vessel's fish traps and
return them to port on each trip. A fish trap that is not returned to
port on a trip, and its attached line and buoy, may be disposed of in
any appropriate manner by the Assistant Administrator or an authorized
officer. The owner of such trap and/or the operator of the responsible
vessel is subject to appropriate civil penalties. A buoy that floats on
the surface must be attached to each fish trap, or to each end trap of
traps that are connected by a line, used in the Gulf EEZ. The maximum
allowable size for a fish trap fished in the Gulf EEZ shoreward of the
50-fathom (91.4-m) isobath is 33 ft3 (0.9 m3) in volume. Fish
trap volume is determined by measuring the external dimensions of the
trap, and includes both the enclosed holding capacity of the trap and
the volume of the funnel(s) within those dimensions. There is no size
limitation for fish traps fished seaward of the 50-fathom (91.4-m)
isobath. The maximum number of traps that may be assigned to,
possessed, or fished in the Gulf EEZ by a vessel is 100.
(2) South Atlantic EEZ. 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.
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.
[[Page 34954]]
(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 Law Enforcement Office, Southeast
Area, St. Petersburg, FL, telephone (813) 570-5344:
(i) Permit number of site to be harvested and date of harvest.
(ii) Name and official number of the vessel to be used in
harvesting.
(iii) Date, port, and facility at which aquacultured live rock will
be landed.
(b) Caribbean reef fish. A marine aquarium fish may be harvested in
the Caribbean EEZ only by a hand-held dip net or by a hand-held slurp
gun. For the purposes of this paragraph, a hand-held slurp gun is a
device that rapidly draws seawater containing fish into a self-
contained chamber, and a marine aquarium fish is a Caribbean reef fish
that is smaller than 5.5 inches (14.0 cm), TL.
(c) King and Spanish mackerel--(1) Prohibited gear. (i) In addition
to the gear restrictions specified in Sec. 622.31, fishing gear is
prohibited for use in the Gulf, Mid-Atlantic, and South Atlantic EEZ
for migratory groups of king and Spanish mackerel as follows:
(A) King mackerel, Gulf migratory group--all gear other than hook
and line and run-around gillnet.
(B) Spanish mackerel, Gulf and Atlantic migratory groups--purse
seines.
(ii) Except for the purse seine incidental catch allowance
specified in paragraph (c)(3) of this section, a vessel in the EEZ in
the area of a migratory group or having fished in the EEZ in such area
with prohibited gear on board may not possess any of the species for
which that gear is prohibited.
(2) 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), stretched mesh. A
vessel in the EEZ, or having fished on a trip in the EEZ, with a
gillnet on board that has a mesh size less than 4.75 inches (12.1 cm),
stretched mesh, may possess on that trip an incidental catch of king
mackerel that does not exceed 10 percent, by number, of the total
lawfully possessed Spanish mackerel on board.
(ii) Spanish mackerel. The minimum allowable mesh size for a
gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ
for Spanish mackerel is 3.5 inches (8.9 cm), stretched mesh. A vessel
in the EEZ, or having fished on a trip in the 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.
(3) 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)(1)(i)(B) 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 directed fishing for snapper-grouper in
the South Atlantic EEZ:
(i) Vertical hook-and-line gear, including a hand-held rod or a rod
attached to a vessel (``bandit'' gear), in either case, with a manual,
electric, or hydraulic reel.
(ii) Spearfishing gear.
(iii) Bottom longline.
(iv) Sea bass pot.
(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.
(ii) Except as specified in paragraph (d)(3) 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) Use of 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 on a trip with a
sink net on board, may retain otherwise legal South Atlantic snapper-
grouper taken on that trip with vertical hook-and-line gear or a 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.
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
[[Page 34955]]
managed 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. Quotas apply to persons who fish under
commercial vessel permits for Gulf reef fish, as required under
Sec. 622.4(a)(2)(v).
(1) Red snapper--3.06 million lb (1.39 million kg), round weight.
(2) Deep-water groupers, that is, yellowedge grouper, misty
grouper, warsaw grouper, snowy grouper, speckled hind, and, after the
quota for shallow-water grouper is reached, scamp, combined--1.6
million lb (0.7 million kg), round weight.
(3) Shallow-water groupers, that is, all groupers other than deep-
water groupers and jewfish, including scamp before the quota for
shallow-water groupers is reached, combined--9.8 million lb (4.4
million kg), round weight.
(b) Gulf and South Atlantic coral--(1) Allowable octocoral. The
quota for all persons who harvest allowable octocoral in the Gulf and
South Atlantic EEZ is 50,000 colonies. A colony is a continuous group
of coral polyps forming a single unit.
(2) Wild live rock in the Gulf. The quota for all persons who
harvest wild live rock in the Gulf EEZ is 500,000 lb (226,796 kg).
Commencing with the fishing year that begins January 1, 1997, the quota
is zero.
(c) King and Spanish mackerel. King and Spanish mackerel quotas
apply to persons who fish under commercial vessel permits for king and
Spanish mackerel, as required under Sec. 622.4(a)(2)(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 2.50 million
lb (1.13 million kg). The Gulf migratory group is divided into eastern
and western zones separated by 87 deg.31'06'' 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--1.73 million lb (0.78 million kg), which is
further divided into quotas as follows:
(1) Florida east coast subzone--865,000 lb (392,357 kg).
(2) Florida west coast subzone--865,000 lb (392,357 kg), which is
further divided into quotas by gear types as follows:
(i) 432,500 lb (196,179 kg) for vessels fishing with hook-and-line
gear.
(ii) 432,500 lb (196,179 kg) for vessels fishing with run-around
gillnets.
(3) The Florida east coast subzone is that part of the eastern zone
north of 25 deg.20.4' N. lat., which is a line directly east from the
Dade/Monroe County, FL, boundary, and the Florida west coast subzone is
that part of the eastern zone south and west of 25 deg.20.4' N. lat.
(B) Western zone--0.77 million lb (0.35 million kg).
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of king mackerel is 2.70 million lb (1.22 million kg). No more
than 0.4 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 4.90
million lb (2.22 million kg).
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of Spanish mackerel is 4.70 million lb (2.13 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.)
(1) Snowy grouper--344,508 lb (156,266 kg), gutted weight, that is,
eviscerated but otherwise whole.
(2) Golden tilefish--1,001,663 lb (454,347 kg), gutted weight, that
is, eviscerated but otherwise whole.
(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.
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. The bag and possession limits specified in
Sec. 622.39(b) apply to all harvest in the Gulf EEZ of the indicated
species, and the sale or purchase of the indicated species taken from
the Gulf EEZ is prohibited.
(2) Gulf and South Atlantic coral--(i) Allowable octocoral.
Allowable octocoral may not be harvested or possessed in the Gulf or
South Atlantic EEZ and the sale or purchase of allowable octocoral in
or from the Gulf or South Atlantic EEZ is prohibited.
(ii) Wild live rock in the Gulf. Wild live rock may not be
harvested or possessed in the Gulf EEZ and the sale or purchase of wild
live rock in or from the Gulf 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
and Spanish mackerel has been issued, as required under
Sec. 622.4(a)(2)(iv), may not fish for king or Spanish mackerel in the
EEZ or retain fish 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 type, except as provided for under paragraph
(a)(3)(ii) of this section.
(ii) A person aboard a vessel for which the permit indicates both
commercial king and Spanish mackerel and charter vessel/headboat for
coastal migratory pelagic fish 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 snapper-grouper, excluding wreckfish. There are
no closure provisions for South Atlantic snapper grouper, other than
for wreckfish. Golden tilefish and snowy grouper, for which there are
quotas, are managed under the commercial trip limits specified in
Sec. 622.44(a) in lieu of the closure provisions of this section.
(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.
(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 wreckfish in paragraph (a)(1),
(a)(3)(iii), (a)(4), or (a)(6) of this section does not apply to the
indicated
[[Page 34956]]
species that were harvested, landed ashore, and bartered, traded, or
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 or wild live rock in paragraph (a)(2)(i) or (a)(2)(ii) of
this section does not apply to allowable octocoral or wild live rock
that was harvested and landed ashore prior to the effective date of the
closure.
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:
(a) King mackerel. Commercial trip limits are established for Gulf
migratory group king mackerel in the eastern zone as follows. (See
Sec. 622.42(c)(1)(i) for specification of the eastern zone and
Sec. 622.42(c)(1)(i)(A)(3) for specifications of the subzones in the
eastern zone.)
(1) Florida east coast subzone. In the Florida east coast subzone,
king mackerel in or from the EEZ may be possessed on board or landed
from a vessel for which a commercial permit for king and Spanish
mackerel has been issued, as required under Sec. 622.4(a)(2)(iv)--
(i) From November 1, each fishing year, until 75 percent of the
subzone's fishing year quota of king mackerel has been harvested--in
amounts not exceeding 50 king mackerel per day.
(ii) From the date that 75 percent of the subzone's fishing year
quota of king mackerel has been harvested until a closure of the
Florida east coast subzone has been effected under Sec. 622.43(a)--in
amounts not exceeding 25 king mackerel per day. However, if 75 percent
of the subzone's quota has not been harvested by March 1, the vessel
limit remains at 50 king mackerel per day until the subzone's quota is
filled or until March 31, whichever occurs first.
(2) Florida west coast subzone--(i) Gillnet gear. (A) In the
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
permit with a gillnet endorsement has been issued, as required under
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure
of the Florida west coast subzone's fishery for vessels fishing with
run-around gillnets has been effected under Sec. 622.43(a)--in amounts
not exceeding 25,000 lb (11,340 kg) per day.
(B) In the Florida west coast subzone:
(1) 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 permit for king
and Spanish mackerel with a gillnet endorsement.
(2) King mackerel from the west coast subzone landed by a vessel
for which such commercial permit with endorsement has been issued will
be counted against the run-around gillnet quota of
Sec. 622.42(c)(1)(i)(A)(2)(ii).
(3) 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 such
commercial permit with endorsement has been issued.
(ii) 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 and Spanish mackerel, as
required by Sec. 622.4(a)(2)(iv), and operating under the hook-and-line
gear quota in Sec. 622.42(c)(1)(i)(A)(2)(i):
(A) From July 1, each fishing year, until 75 percent of the
subzone's hook-and-line gear quota has been harvested--in amounts not
exceeding 125 king mackerel per day.
(B) From the date that 75 percent of the subzone's hook-and-line
gear quota has been harvested until a closure of the west coast
subzone's hook-and-line fishery has been effected under
Sec. 622.43(a)--in amounts not exceeding 50 king mackerel per day.
(3) 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)(1) and (a)(2)(ii) of this section when the requisite
harvest level has been reached or is projected to be reached.
(b) Spanish mackerel. (1) Commercial trip limits are established
for Atlantic migratory group Spanish mackerel as follows:
(i) North of 30 deg.42'45.6'' 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 king and 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.42'45.6'' 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 king and Spanish mackerel has been issued, as
required under Sec. 622.4(a)(2)(iv)--
(A) From April 1 through November 30, in amounts exceeding 1,500 lb
(680 kg).
(B) From December 1 until 75 percent of the adjusted quota is
taken, in amounts as follows:
(1) Mondays, Wednesdays, and Fridays--unlimited.
(2) Tuesdays and Thursdays--not exceeding 1,500 lb (680 kg).
(3) Saturdays and Sundays--not exceeding 500 lb (227 kg).
(C) After 75 percent of the adjusted quota is taken until 100
percent of the adjusted quota is taken, in amounts not exceeding 1,000
lb (454 kg).
(D) After 100 percent of the adjusted quota is taken through the
end of the fishing year, in amounts not exceeding 500 lb (227 kg).
(2) For the purpose of paragraph (b)(1)(ii) of this section, the
adjusted quota is 4.45 million lb (2.02 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) Golden tilefish and snowy grouper. A person who fishes in the
South Atlantic EEZ on a trip and who is not subject to the bag limits
may not exceed the following trip limits. (See Sec. 622.39(a) for
applicability of the bag limits.)
(1) Golden tilefish (round weight or gutted weight, that is,
eviscerated but otherwise whole):
[[Page 34957]]
(i) Until the fishing year quota specified in Sec. 622.42(e)(2) is
reached, 5,000 lb (2,268 kg).
(ii) After the fishing year quota specified in Sec. 622.42(e)(2) is
reached, 300 lb (136 kg).
(2) Snowy grouper (round weight or gutted weight, that is,
eviscerated but otherwise whole):
(i) Until the fishing year quota specified in Sec. 622.42(e)(1) is
reached, 2,500 lb (1,134 kg).
(ii) After the fishing year quota specified in Sec. 622.42(e)(1) is
reached, 300 lb (136 kg).
(d) Gulf wild live rock. Until the quota for wild live rock from
the Gulf EEZ is reached in 1996, a daily vessel limit of twenty-five 5-
gallon (19-L) buckets, or volume equivalent (16.88 ft\3\ (478.0 L)),
applies to the harvest or possession of wild live rock in or from the
Gulf EEZ, regardless of the number or duration of trips.
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 required under
Sec. 622.4(a)(4), only from a vessel that has a valid commercial permit
for Gulf reef fish.
(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)(iv),
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.
(e) South Atlantic wild live rock. Wild live rock in or from the
South Atlantic EEZ may not be sold or purchased. The prohibition on
sale or purchase does not apply to wild live rock that was harvested
and landed prior to January 1, 1996.
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 RD 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 RD 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' N. lat. and 27 deg.50.0' N. lat., the RD
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.
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 RD may establish or modify the following management measures:
(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 cobia or for migratory
groups of king or Spanish mackerel: MSY, TAC, quotas, bag limits, size
limits, vessel trip limits, closed seasons or areas, gear restrictions,
and initial permit requirements.
(d) Gulf reef fish. (1) For species or species groups: Target dates
for
[[Page 34958]]
rebuilding overfished species, TAC, bag limits, size limits, vessel
trip limits, closed seasons or areas, gear restrictions, and quotas.
(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. For species or
species groups: Target dates for rebuilding overfished species, MSY,
ABC, TAC, quotas, trip limits, bag limits, minimum sizes, gear
restrictions (ranging from regulation to complete prohibition), and
seasonal or area closures.
Appendix A to Part 622--Species Tables
Table 1 of Appendix A to Part 622--Caribbean Coral Reef Resources
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 sp., Finger sponge
Myriastra sp.
Niphates digitalis, Pink vase sponge
N. erecta, Lavender rope sponge
Spinosella policifera
S. vaginalis
Tethya crypta
II. 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
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 sp.
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
5. 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
6. Colonial Anemones--Order Zoanthidea
Zoanthus spp., Sea mat
7. 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
A. Gastropods--Class Gastropoda
Family Elysiidae
Tridachia crispata, Lettuce sea slug
Family Olividae
Oliva reticularis, Netted olive
Family Ovulidae
Cyphoma gibbosum, Flamingo tongue
Family Ranellidae
Charonia tritonis, Atlantic triton trumpet
Family Strombidae, Winged conchs
Strombus spp. (except Queen conch, S. gigas)
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
[[Page 34959]]
Family Squillidae, Mantis crabs
Gonodactylus spp.
Lysiosquilla spp.
Family Stenopodidae, Coral shrimp
Stenopus hispidus, Banded shrimp
S. scutellatus, Golden shrimp
VI. Bryozoans--Phylum Bryozoa
VII. 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
VIII. Chordates--Phylum Chordata
A. Tunicates--Subphylum Urochordata
IX. Green Algae--Phylum Chlorophyta
Caulerpa spp., Green grape algae
Halimeda spp., Watercress algae
Penicillus spp., Neptune's brush
Udotea spp., Mermaid's fan
Ventricaria ventricosa, Sea pearls
X. Red Algae--Phylum Rhodophyta
XI. Sea grasses--Phylum Angiospermae
Halodule wrightii, Shoal grass
Halophila spp., Sea vines
Ruppia maritima, Widgeon grass
Syringodium filiforme, Manatee grass
Thalassia testudium, Turtle grass
Table 2 of Appendix A to Part 622--Caribbean Reef Fish
Acanthuridae--Surgeonfishes
Ocean surgeonfish, Acanthurus bahianus
Doctorfish, Acanthurus chirurgus
Blue tang, Acanthurus coeruleus
Antennariidae--Frogfishes
Frogfish, Antennarius spp.
Apogonidae--Cardinalfishes
Flamefish, Apogon maculatus
Conchfish, Astrapogen stellatus
Aulostomidae--Trumpetfishes
Trumpetfish, Aulostomus maculatus
Balistidae--Leatherjackets
Scrawled filefish, Aluterus scriptus
Queen triggerfish, Balistes vetula
Whitespotted filefish, Cantherhines macrocerus
Ocean triggerfish, Canthidermis sufflamen
Black durgon, Melichthys niger
Sargassum triggerfish, Xanthichthys rigens
Blenniidae--Combtooth blennies
Redlip blenny, Ophioblennius atlanticus
Bothidae--Lefteye flounders
Peacock flounder, Bothus lunatus
Carangidae--Jacks
Yellow jack, Caranx bartholomaei
Blue runner, Caranx crysos
Horse-eye jack, Caranx latus
Black jack, Caranx lugubris
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Almaco jack, Seriola rivoliana
Chaetodontidae--Butterflyfishes
Longsnout butterflyfish, Chaetodon aculeatus
Foureye butterflyfish, Chaetodon capistratus
Spotfin butterflyfish, Chaetodon ocellatus
Banded butterflyfish, Chaetodon striatus
Cirrhitidae--Hawkfishes
Redspotted hawkfish, Amblycirrhitus pinos
Dactylopteridae--Flying gurnards
Flying gurnard, Dactylopterus volitans
Ephippidae--Spadefishes
Atlantic spadefish, Chaetodipterus faber
Gobiidae--Gobies
Neon goby, Gobiosoma oceanops
Rusty goby, Priolepis hipoliti
Grammatidae--Basslets
Royal gramma, Gramma loreto
Haemulidae--Grunts
Porkfish, Anisotremus virginicus
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
French grunt, Haemulon flavolineatum
White grunt, Haemulon plumieri
Bluestriped grunt, Haemulon sciurus
Holocentridae--Squirrelfishes
Squirrelfish, Holocentrus adscensionis
Longspine squirrelfish, Holocentrus rufus
Blackbar soldierfish, Myripristis jacobus
Cardinal soldierfish, Plectrypops retrospinis
Labridae--Wrasses
Spanish hogfish, Bodianus rufus
Creole wrasse, Clepticus parrae
Yellowcheek wrasse, Halichoeres cyanocephalus
Yellowhead wrasse, Halichoeres garnoti
Clown wrasse, Halichoeres maculipinna
Puddingwife, Halichoeres radiatus
Pearly razorfish, Hemipteronotus novacula
Green razorfish, Hemipteronotus splendens
Hogfish, Lachnolaimus maximus
Bluehead wrasse, Thalassoma bifasciatum
Lutjanidae--Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Schoolmaster, Lutjanus apodus
Blackfin snapper, Lutjanus buccanella
Gray snapper, Lutjanus griseus
Dog snapper, Lutjanus jocu
Mahogany snapper, Lutjanus mahogani
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blackline tilefish, Caulolatilus cyanops
Sand tilefish, Malacanthus plumieri
Mullidae--Goatfishes
Yellow goatfish, Mulloidichthys martinicus
Spotted goatfish, Pseudupeneus maculatus
Muraenidae--Morays
Chain moray, Echidna catenata
Green moray, Gymnothorax funebris
Goldentail moray, Gymnothorax miliaris
Ogcocephalidae--Batfishes
Batfish, Ogcocepahalus spp.
Ophichthidae--Snake eels
Goldspotted eel, Myrichthys ocellatus
Opistognathidae--Jawfishes
Yellowhead jawfish, Opistognathus aurifrons
Dusky jawfish, Opistognathus whitehursti
Ostraciidae--Boxfishes
Spotted trunkfish, Lactophrys bicaudalis
Honeycomb cowfish, Lactophrys polygonia
Scrawled cowfish, Lactophrys quadricornis
Trunkfish, Lactophrys trigonus
Smooth trunkfish, Lactophrys triqueter
Pomacanthidae--Angelfishes
Cherubfish, Centropyge argi
Queen angelfish, Holacanthus ciliaris
Rock beauty, Holacanthus tricolor
Gray angelfish, Pomacanthus arcuatus
French angelfish, Pomacanthus paru
Pomacentridae--Damselfishes
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
Priacanthidae--Bigeyes
Bigeye, Priacanthus arenatus
Glasseye snapper, Priacanthus cruentatus
Scaridae--Parrotfishes
Midnight parrotfish, Scarus coelestinus
Blue parrotfish, Scarus coeruleus
Striped parrotfish, Scarus croicensis
Rainbow parrotfish, Scarus guacamaia
Princess parrotfish, Scarus taeniopterus
Queen parrotfish, Scarus vetula
Redband parrotfish, Sparisoma aurofrenatum
Redtail parrotfish, Sparisoma chrysopterum
Redfin parrotfish, Sparisoma rubripinne
Stoplight parrotfish, Sparisoma viride
Sciaenidae--Drums
High-hat, Equetus acuminatus
Jackknife-fish, Equetus lanceolatus
Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
Serranidae--Sea basses
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Jewfish, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Nassau Grouper, Epinephelus striatus
Butter hamlet, Hypoplectrus unicolor
Swissguard basslet, Liopropoma rubre
Yellowfin grouper, Mycteroperca venenosa
Tiger grouper, Mycteroperca tigris
Creole-fish, Paranthias furcifer
Greater soapfish, Rypticus saponaceus
Orangeback bass, Serranus annularis
Lantern bass, Serranus baldwini
Tobaccofish, Serranus tabacarius
Harlequin bass, Serranus tigrinus
Chalk bass, Serranus tortugarum
Soleidae--Soles
Caribbean tonguefish, Symphurus arawak
Sparidae--Porgies
Sea bream, Archosargus rhomboidalis
Jolthead porgy, Calamus bajonado
Sheepshead porgy, Calamus penna
Pluma, Calamus pennatula
Syngnathidae--Pipefishes
[[Page 34960]]
Seahorses, Hippocampus spp.
Pipefishes, Syngnathus spp.
Synodontidae--Lizardfishes
Sand diver, Synodus intermedius
Tetraodontidae--Puffers
Sharpnose puffer, Canthigaster rostrata
Porcupinefish, Diodon hystrix
Table 3 of Appendix A to Part 622--Gulf Reef Fish
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Queen triggerfish, Balistes vetula
Carangidae--Jacks
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Haemulidae--Grunts
Tomtate, Haemulon aurolineatum
White grunt, Haemulon plumieri
Pigfish, Orthopristis chrysoptera
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
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--Sea Basses and Groupers
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Black sea bass, Centropristis striata
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
Jewfish, 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
Sparidae--Porgies
Grass porgy, Calamus arctifrons
Jolthead porgy, Calamus bajonado
Knobbed porgy, Calamus nodosus
Littlehead porgy, Calamus proridens
Pinfish, Lagodon rhomboides
Red porgy, Pagrus
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--Sea Basses and Groupers
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Black sea bass, Centropristis striata
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Jewfish, 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
Sparidae--Porgies
Sheepshead, Archosargus probatocephalus
Grass porgy, Calamus arctifrons
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus
Longspine porgy, Stenotomus caprinus
Scup, Stenotomus chrysops
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
waters north of Dry Tortugas..... 24 deg.48.0' 82 deg.48.0'
2 North of Rebecca Shoal........ 25 deg.07.5' 82 deg.34.0'
3 Off Sanibel Island--Offshore.. 26 deg.26.0' 82 deg.59.0'
4 West of Egmont Key............ 27 deg.30.0' 83 deg.21.5'
5 Off Anclote Keys--Offshore.... 28 deg.10.0' 83 deg.45.0'
6 Southeast corner of Florida
Middle Ground.................... 28 deg.11.0' 84 deg.00.0'
7 Southwest corner of Florida
Middle Ground.................... 28 deg.11.0' 84 deg.07.0'
8 West corner of Florida Middle
Ground........................... 28 deg.26.6' 84 deg.24.8'
9 Northwest corner of Florida
Middle Ground.................... 28 deg.42.5' 84 deg.24.8'
10 South of Carrabelle........... 29 deg.05.0' 84 deg.47.0'
11 South of Cape St. George...... 29 deg.02.5' 85 deg.09.0'
12 South of Cape San Blas lighted
bell buoy--20 fathoms............ 29 deg.21.0' 85 deg.30.0'
[[Page 34961]]
13 South of Cape San Blas lighted
bell buoy--50 fathoms............ 28 deg.58.7' 85 deg.30.0'
14 De Soto Canyon................ 30 deg.06.0' 86 deg.55.0'
15 South of Pensacola............ 29 deg.46.0' 87 deg.19.0'
16 South of Perdido Bay.......... 29 deg.29.0' 87 deg.27.5'
17 East of North Pass of the
Mississippi River................ 29 deg.14.5' 88 deg.28.0'
18 South of Southwest Pass of the
Mississippi River................ 28 deg.46.5' 89 deg.26.0'
19 Northwest tip of Mississippi
Canyon........................... 28 deg.38.5' 90 deg.08.5'
20 West side of Mississippi
Canyon........................... 28 deg.34.5' 89 deg.59.5'
21 South of Timbalier Bay........ 28 deg.22.5' 90 deg.02.5'
22 South of Terrebonne Bay....... 28 deg.10.5' 90 deg.31.5'
23 South of Freeport............. 27 deg.58.0' 95 deg.00.0'
24 Off Matagorda Island.......... 27 deg.43.0' 96 deg.02.0'
25 Off Aransas Pass.............. 27 deg.30.0' 96 deg.23.5'
26 Northeast of Port Mansfield... 27 deg.00.0' 96 deg.39.0'
27 East of Port Mansfield........ 26 deg.44.0' 96 deg.37.5'
28 Northeast of Port Isabel...... 26 deg.22.0' 96 deg.21.0'
29 U.S./Mexico EEZ boundary...... 26 deg.00.5' 96 deg.24.5'
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of
Texas' waters.
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
submarine area.
Table 2 of Appendix B to Part 622.--Seaward Coordinates of the Stressed
Area
------------------------------------------------------------------------
Point No. and reference location
\1\ North lat. West long.
------------------------------------------------------------------------
1 Seaward limit of Florida's
waters northeast of Dry Tortugas. 24 deg.45.5' 82 deg.41.5'
2 North of Marquesas Keys........ 24 deg.48.0' 82 deg.06.5'
3 Off Cape Sable................. 25 deg.15.0' 82 deg.02.0'
4 Off Sanibel Island--Inshore.... 26 deg.26.0' 82 deg.29.0'
5 Off Sanibel Island--Offshore... 26 deg.26.0' 82 deg.59.0'
6 West of Egmont Key............. 27 deg.30.0' 83 deg.21.5'
7 Off Anclote Keys--Offshore..... 28 deg.10.0' 83 deg.45.0'
8 Off Anclote Keys--Inshore...... 28 deg.10.0' 83 deg.14.0'
9 Off Deadman Bay................ 29 deg.38.0' 84 deg.00.0'
10 Seaward limit of Florida's
waters east of Cape St. George... 29 deg.35.5' 84 deg.38.6'
Thence westerly along the seaward
limit of Florida's waters to:
11 Seaward limit of Florida's
waters south of Cape San Blas.... 29 deg.32.2' 85 deg.27.1'
12 Southwest of Cape San Blas.... 29 deg.30.5' 85 deg.52.0'
13 Off St. Andrew Bay............ 29 deg.53.0' 86 deg.10.0'
14 De Soto Canyon................ 30 deg.06.0' 86 deg.55.0'
15 South of Florida/Alabama
border........................... 29 deg.34.5' 87 deg.38.0'
16 Off Mobile Bay................ 29 deg.41.0' 88 deg.00.0'
17 South of Alabama/Mississippi
border........................... 30 deg.01.5' 88 deg.23.7'
18 Horn/Chandeleur Islands....... 30 deg.01.5' 88 deg.40.5'
19 Chandeleur Islands............ 29 deg.35.5' 88 deg.37.0'
20 Seaward limit of Louisiana's
waters off North Pass of the
Mississippi River................ 29 deg.16.3' 89 deg.00.0'
Thence southerly and westerly
along the seaward limit of
Louisiana's waters to:
21 Seaward limit of Louisiana's
waters off Southwest Pass of the
Mississippi River................ 28 deg.57.3' 89 deg.28.2'
22 Southeast of Grand Isle....... 29 deg.09.0' 89 deg.47.0'
23 Quick flashing horn buoy south
of Isles Dernieres............... 28 deg.32.5' 90 deg.42.0'
24 Southeast of Calcasieu Pass... 29 deg.10.0' 92 deg.37.0'
25 South of Sabine Pass--10
fathoms.......................... 29 deg.09.0' 93 deg.41.0'
26 South of Sabine Pass--30
fathoms.......................... 28 deg.21.5' 93 deg.28.0'
27 East of Aransas Pass.......... 27 deg.49.0' 96 deg.19.5'
28 East of Baffin Bay............ 27 deg.12.0' 96 deg.51.0'
29 Northeast of Port Mansfield... 26 deg.46.5' 96 deg.52.0'
30 Northeast of Port Isabel...... 26 deg.21.5' 96 deg.35.0'
31 U.S./Mexico EEZ boundary...... 26 deg.00.5' 96 deg.36.0'
Thence westerly along U.S./Mexico
EEZ boundary to the seaward limit
of Texas' waters ................
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
submarine area.
BILLING CODE 3510-22-W
[[Page 34962]]
Appendix C to Part 622--Fish Length Measurements
[GRAPHIC] [TIFF OMITTED] TR03JY96.000
Figure 1 of Appendix C to Part 622--Carapace Length
[[Page 34963]]
[GRAPHIC] [TIFF OMITTED] TR03JY96.001
[[Page 34964]]
PARTS 638, 641, 642, 645, 646, 647, 653, 658, 659, 669, AND 670--
[REMOVED]
4. Under the authority of 16 U.S.C. 1801 et seq., parts 638, 641,
642, 645, 646, 647, 653, 658, 659, 669, and 670 are removed.
[FR Doc. 96-16254 Filed 7-1-96; 8:45 am]
BILLING CODE 3510-22-M
