§ 697.2 Definitions.

(a) In addition to the definitions in the Magnuson-Stevens Act and in §§ 600.10 and 648.2 of this chapter, for the purposes of this part, the following terms have the following meanings:

American lobster

or lobster means

Homarus americanus.

Approved TED

means any approved TED as defined at § 217.12 of this title.

Atlantic Coastal Act

means the Atlantic Coastal Fisheries Cooperative Management Act, as amended (16 U.S.C. 5101

et seq.

).

Atlantic migratory group cobia,

means

Rachycentron canadum,

a whole fish or a part thereof, bounded by a line extending from the intersection point of New York, Connecticut, and Rhode Island (41°18′16.249″ N lat. and 71°54′28.477″ W long) southeast to 37°22′32.75″ N lat. and the intersection point with the outward boundary of the EEZ and south to a line extending due east of the Florida/Georgia border (30°42′45.6″ N lat.).

Atlantic red drum

, also called redfish, means

Sciaenops ocellatus

, or a part thereof, found in the waters of the Atlantic Ocean off the Atlantic coastal states, to the outer boundary of the EEZ, as specified in § 600.10 of this chapter, from the boundary of the United States and Canada, to the boundary between the South Atlantic Fishery Management Council and the Gulf Fishery Management Council, as specified in § 600.105(c) of this chapter.

Atlantic striped bass

means members of stocks or populations of the species

Morone saxatilis

found in the waters of the Atlantic Ocean north of Key West, FL.

Atlantic sturgeon

means members of stocks or populations of the species

Acipenser oxyrhynchus.

Berried female Jonah crab

means a female Jonah crab bearing eggs attached to the abdomen.

Berried female lobster

means a female American lobster bearing eggs attached to the abdominal appendages.

Block Island Southeast Light

means the aid to navigation light located at Southeast Point, Block Island, RI, and defined as follows: Located at 40°09.2′ N. lat., 71°33.1′ W

species

Acipenser oxyrhynchus.

Berried female Jonah crab

means a female Jonah crab bearing eggs attached to the abdomen.

Berried female lobster

means a female American lobster bearing eggs attached to the abdominal appendages.

Block Island Southeast Light

means the aid to navigation light located at Southeast Point, Block Island, RI, and defined as follows: Located at 40°09.2′ N. lat., 71°33.1′ W. long; is 201 ft (61.3 m) above the water; and is shown from a brick octagonal tower 67 ft (20.4 m) high attached to a dwelling on the southeast point of Block Island, RI.

BRD

means bycatch reduction device.

Certified BRD

means any BRD, as defined in part 622, Appendix D of this chapter: Specifications for Certified BRDs.

Charter or head boat

means any vessel carrying fishing persons or parties for a per capita fee, for a charter fee, or any other type of fee.

Commercial dive vessel

means any vessel carrying divers for a per capita fee, a charter fee, or any other type of fee.

Commercial purposes

means for the purpose of selling, trading, transferring, or bartering all or part of the fish harvested.

Commission

means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by Congress in Pub. L. 77-539 and Pub. L. 81-721.

Conservation equivalency

means a measure adopted by a state that differs from the specific requirements of an interstate fishery management plan, but achieves the same level of conservation for the resource under management.

Continuous transit

means that a vessel does not have fishing gear in the water and remains continuously underway.

CPH

means Confirmation of Permit History.

Crab trawl

means any trawl net that is rigged for fishing and has a mesh size of 3.0 inches (7.62 cm), as measured between the centers of opposite knots when pulled taut.

Cull American lobster

means a whole American lobster that is missing one or both claws

ansit

means that a vessel does not have fishing gear in the water and remains continuously underway.

CPH

means Confirmation of Permit History.

Crab trawl

means any trawl net that is rigged for fishing and has a mesh size of 3.0 inches (7.62 cm), as measured between the centers of opposite knots when pulled taut.

Cull American lobster

means a whole American lobster that is missing one or both claws.

Dealer

means any person who receives, for a commercial purpose (other than solely for transport on land), any species of fish, the harvest of which is managed by this part, from the owner or operator of a vessel issued a valid permit under this part, or any person who receives, for a commercial purpose (other than solely for transport on land), any species of fish managed under this part.

De minimis state

means any state where the landings are so low that the Commission's Fisheries Management Board has exempted that state from some of its regulatory responsibilities under an Interstate Fishery Management Plan.

Director

means the Director of the Office of Sustainable Fisheries, 1315 East-West Highway, Silver Spring, MD 20910.

Dredge

means a gear consisting of a mouth frame attached to a holding bag constructed of metal rings or mesh.

Egg Production Rebuilding Schedule

means the schedule identified in section 2.5 of Amendment 3 to the Commission's ISFMP.

Escape vent

means an opening in a lobster trap designed to allow lobster smaller than the legal minimum size to escape from the trap.

Federal Area 1 Limited Access Program

means the limited access program restricts trap fishing in Area 1 to those Federal lobster permits with qualified and allocated Area 1 traps, as identified in these regulations at § 697.4(a)(7)(ii).

Federal Area 2 Limited Access Program

means the limited access program restricts trap fishing in Area 2 to those Federal lobster permits with qualified and allocated Area 2 traps, as identified in these regulations at § 697.4(a)(7)(ii)

estricts trap fishing in Area 1 to those Federal lobster permits with qualified and allocated Area 1 traps, as identified in these regulations at § 697.4(a)(7)(ii).

Federal Area 2 Limited Access Program

means the limited access program restricts trap fishing in Area 2 to those Federal lobster permits with qualified and allocated Area 2 traps, as identified in these regulations at § 697.4(a)(7)(ii).

Federal Area 3 Limited Access Program

means the limited access program restricts trap fishing in Area 3 to those Federal lobster permits with qualified and allocated Area 3 traps, as identified in these regulations at § 697.4(a)(7)(ii).

Federal Area 4 Limited Access Program

means the limited access program restricts trap fishing in Area 4 to those Federal lobster permits with qualified and allocated Area 4 traps, as identified in these regulations at § 697.4(a)(7)(ii).

Federal Area 5 Limited Access Program

means the limited access program restricts trap fishing in Area 5 to those Federal lobster permits with qualified and allocated Area 5 traps, as identified in these regulations at § 697.4(a)(7)(ii).

Federal Outer Cape Area Limited Access Program

means the limited access program restricts trap fishing in the Outer Cape Area to those Federal lobster permits with qualified and allocated Outer Cape Area traps, as identified in these regulations at § 697.4(a)(7)(ii).

Fishing trip or trip

means a period of time during which fishing is conducted, beginning when the vessel leaves port and ending when the vessel returns to port.

Fishing year

means, for the American lobster fishery, from May 1 through April 30 of the following year.

Flynet

means any trawl net, except shrimp trawl nets containing certified BRDs and approved TEDs, when required under § 227.72(e)(2) of this title, and except trawl nets that comply with the gear restrictions specified at § 648.104 of this chapter for the summer flounder fishery and contain an approved TED, when required under § 227.72 (e)(2) of this title

1 through April 30 of the following year.

Flynet

means any trawl net, except shrimp trawl nets containing certified BRDs and approved TEDs, when required under § 227.72(e)(2) of this title, and except trawl nets that comply with the gear restrictions specified at § 648.104 of this chapter for the summer flounder fishery and contain an approved TED, when required under § 227.72 (e)(2) of this title.

Ghost panel

means a panel, or other mechanism, designed to allow for the escapement of lobster after a period of time if the trap has been abandoned or lost.

Horseshoe crab

means members of stocks or populations of the species

Limulus polyphemus.

ISFMP

means the Commission's Interstate Fishery Management Plan for American Lobster, as amended.

Jonah crab

means

Cancer borealis.

Jonah crab carapace width

is the straight line measurement across the widest part of the shell including the tips of the posterior-most, longest spines along the lateral margins of the carapace.

Land

means to begin offloading fish, to offload fish, or to enter port with fish.

Lobster carapace length

is the straight line measurement from the rear of the eye socket parallel to the center line of the carapace to the posterior edge of the carapace. The carapace is the unsegmented body shell of the American lobster.

Lobster day-at-sea

with respect to the American lobster fishery means each 24-hour period of time during which a fishing vessel is absent from port in which the vessel intends to fish for, possess, or land, or fishes for, possesses, or lands American lobster.

Lobster permit

means a Federal limited access American lobster permit.

Lobster trap

means any structure or other device, other than a net, that is placed, or designed to be placed, on the ocean bottom and is designed for or is capable of, catching lobsters

hing vessel is absent from port in which the vessel intends to fish for, possess, or land, or fishes for, possesses, or lands American lobster.

Lobster permit

means a Federal limited access American lobster permit.

Lobster trap

means any structure or other device, other than a net, that is placed, or designed to be placed, on the ocean bottom and is designed for or is capable of, catching lobsters. Red crab fishing gear, fished deeper than 200 fathoms (365.8 m), and fishing gear fished by a vessel not issued a limited access lobster permit under § 697.4(a), are gear deemed not to be lobster traps for the purpose of this part, and are not subject to the provisions of this part.

Lobster trap trawl

means 2 or more lobster traps, all attached to a single ground line.

Management area

means each of the geographical areas identified in this part for management purposes under the lobster ISFMP.

Montauk light

means the aid to navigation light located at Montauk Point, NY, and defined as follows: Located at 41°04.3′ N. lat., 71°51.5′ W. long.; is shown from an octagonal, pyramidal tower, 108 ft (32.9 m) high; and has a covered way to a dwelling.

Natural Atlantic sturgeon

means any Atlantic sturgeon that is not the result of a commercial aquaculture operation, and includes any naturally occurring Atlantic sturgeon (those Atlantic sturgeon naturally spawned and grown in rivers and ocean waters of the Atlantic Coast).

One-quarter-inch (

means a straight-sided triangular cut, without setal hairs, at least

1/4

-inch) v-shaped notch

1/4

inch (0.64 cm) in depth and tapering to a point.

Parts thereof

means any part of an American lobster. A part of a lobster counts as one lobster.

Point Judith Light

means the aid to navigation light located at Point Judith, RI, and defined as follows: Located at 41°21.7′ N. lat., 71°28.9′ W. long.; is 65 ft (19.8 m) above the water; and is shown from an octagonal tower 51 ft (15.5 m) high

notch

1/4

inch (0.64 cm) in depth and tapering to a point.

Parts thereof

means any part of an American lobster. A part of a lobster counts as one lobster.

Point Judith Light

means the aid to navigation light located at Point Judith, RI, and defined as follows: Located at 41°21.7′ N. lat., 71°28.9′ W. long.; is 65 ft (19.8 m) above the water; and is shown from an octagonal tower 51 ft (15.5 m) high.

Recreational fishing

means fishing that is not intended to, nor results in the barter, trade, or sale of fish.

Recreational fishing vessel

means any vessel from which no fishing other than recreational fishing is conducted. Charter and head boats and commercial dive vessels are not considered recreational fishing vessels.

Regional Administrator,

means Regional Administrator, Greater Atlantic Region, NMFS, or Regional Administrator, Southeast Region, NMFS, whichever has the applicable jurisdiction, or a respective designee.

Retain

means to fail to return any species specified under § 697.7 of this chapter to the sea immediately after the hook has been removed or after the species has otherwise been released from the capture gear.

Sea sampler/observer

means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits.

Shrimp trawl net

means any trawl net that is rigged for fishing and has a mesh size less than 2.50 inches (6.35 cm), as measured between the centers of opposite knots when pulled taut, and each try net, as defined in § 622.2 of this chapter, that is rigged for fishing and has a headrope length longer than 16 ft (4.9 m).

Standard V-shaped notch

means a notch or indentation in the base of the flipper that is at least as deep as

1/8

inch (0.32 cm), with or without setal hairs.

Stocked Atlantic sturgeon

means any Atlantic sturgeon cultured in a hatchery that is placed in rivers and ocean waters of the Atlantic Coast to enhance the Atlantic sturgeon spawning stocks

and has a headrope length longer than 16 ft (4.9 m).

Standard V-shaped notch

means a notch or indentation in the base of the flipper that is at least as deep as

1/8

inch (0.32 cm), with or without setal hairs.

Stocked Atlantic sturgeon

means any Atlantic sturgeon cultured in a hatchery that is placed in rivers and ocean waters of the Atlantic Coast to enhance the Atlantic sturgeon spawning stocks.

TED

means Turtle Excluder Device, which is a device designed to be installed in a trawl net forward of the codend for the purpose of excluding sea turtles from the net.

Trawl

means a cone or funnel-shaped net that is towed through the water, and can include a pair trawl that is towed simultaneously by two boats.

V-notched American lobster

means any female American lobster bearing a V-shaped notch in the flipper next to and to the right of the center flipper as viewed from the rear of the lobster (underside of the lobster down and tail toward the viewer), or any female American lobster that is mutilated in a manner that could hide or obliterate such a mark.

Weakfish

means members of the stock or population of the species

Cynoscion regalis,

found along the Atlantic Coast from southern Florida to Massachusetts Bay.

Whole American lobster

means a lobster with an intact and measurable body (tail and carapace). An American lobster with an intact and measurable body that is missing one or both claws, i.e., a cull lobster, is considered to be a whole American lobster.

Zero tolerance V-shaped notch

means a v-shaped notch of any size, with or without straight sides, with or without setal hairs.

(b) [Reserved]

[64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 FR 14501, Mar. 13, 2001; 68 FR 14925, Mar. 27, 2003; 68 FR 56790, Oct. 2, 2003; 71 FR 13037, Mar. 14, 2006; 73 FR 58061, Oct. 6, 2008; 74 FR 37549, July 29, 2009; 80 FR 2033, Jan. 15, 2015; 84 FR 4737, Feb. 19, 2019; 84 FR 61579, Nov. 13, 2019; 88 FR 67676, Oct. 2, 2023; 90 FR 38005, Aug. 7, 2025]