Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

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outdated provisions, and makes changes to improve readability and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

This text is long and has been trimmed here. Open the source document for the complete record.