# Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-16254 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** July 3, 1996 - **Citation:** 61 FR 34930 ## Text 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 This interim final rule reorganizes management measures into a logical and cohesive order, removes duplicative and outdated provisions, and makes changes to improve readability and clarity and to achieve uniformity in regulatory language.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 Assistan [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-16254. Public record. Not legal advice.