[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Proposed Rules]
[Page 2478-2507]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-67]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 080410547-81602-01]
RIN 0648-AW70
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 2479]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: Several sections of the regulations governing the Fisheries of
the Northeastern United States contain minor inadvertent errors,
omissions, and ambiguities. This proposed rule would revise the
portions of the Northeast (NE) fishery regulations that relate to the
Vessel Monitoring System (VMS) and prohibitions, standardize the VMS
vendor requirements, and add prohibitions and other regulations to
clarify existing policies and requirements.
DATES: Written comments must be received on or before February 17,
2009.
ADDRESSES: You may submit comments, identified by 0648-AW70, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: http:/
www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments should be sent to
Regional Administrator, National Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on the Proposed Rule to Modify VMS and Prohibitions
Regulations.''
Fax: (978) 281-9135; attention Moira Kelly.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All personal identifying information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to the Regional Administrator, Northeast
Region, National Marine Fisheries Service, and by e-mail to David_
Rostker@omb.eop.gov or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Moira C. Kelly, Fishery Policy
Analyst, phone (978) 281-9218, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
This proposed rule would revise portions of the NE fishery
regulations by reorganizing the VMS and prohibitions sections,
standardizing the VMS vendor requirements, and adding prohibitions and
other regulations that would correct or clarify existing policies and
requirements. The proposed changes would be enacted under the authority
given to the Secretary of Commerce to promulgate regulations to fully
carry out the requirements of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). The proposed changes are
summarized below.
VMS-Related Modifications
This action would standardize the qualification requirements of VMS
vendors and VMS units between the NE Region and the National VMS
program. The Regional Administrator, NE Region, NMFS (RA), would retain
the authority to approve or disapprove a vendor or unit for use in the
NE Region; however, the standards against which the vendors are judged
would be the same as used by the National VMS program. This action
would ensure that the VMS vendors meet industry-accepted criteria while
the NE Region's specific VMS needs are achieved.
For consistency across fishery management plans (FMPs), a measure
implemented under the Surfclam and Ocean Quahog FMP requiring vessel
owners to call the Office of Law Enforcement (OLE) to verify
connectivity between a new or replacement VMS unit and OLE prior to the
vessel sailing on its first trip using VMS would be expanded to all
vessel owners. This expansion would allow OLE to ensure that the units
are installed and registered correctly in all of the necessary systems.
In addition, this action would reorganize the VMS regulations so that
the requirements that apply to vessel owners/operators are separate and
distinguishable from the requirements that apply to VMS vendors.
Further, the VMS Demarcation Line would be modified through the
addition of a new coordinate intended to allow vessels from Monhegan
Island, Isle au Haut, and Matinicus Isle, Maine, to more easily comply
with the VMS requirements of the NE Multispecies FMP.
Prohibitions-Related Modifications
The prohibitions section (Sec. 648.14) is currently difficult to
navigate because it is generally not well organized. The reorganization
of the prohibitions section would assist industry in more easily
understanding the rules and regulations and serve to improve compliance
with those requirements. This proposed rule would group together the
prohibitions relating to a specific FMP, title the sections and
subsections, and provide more guidance on where to find a specific
prohibition. This action also would add prohibitions to clarify or
correct existing requirements. The additional prohibitions, which
relate to regulations that have already been reviewed and approved
through appropriate rulemaking procedures, clarify that aiding and
abetting actions prohibited by the Magnuson-Stevens Act, or any other
statute administered by NOAA, is prohibited; that observers are
prohibited from providing false information; that miscoding of trips
through the VMS by vessel owners/operators is not permissible; that
transferring regulated species at sea, without authorization from the
RA, or as otherwise permitted, is prohibited; and, that any vessel
possessing or retaining any species regulated by the NE Region must be
under its own power.
Other Modifications
Several regulations pertaining to VMS were recently inadvertently
deleted when two final rules affecting the same sections of the
regulations were published at about the same time. The final rule
implementing Surfclam/Ocean Quahog Framework Adjustment (FW) 1
inadvertently deleted sections of the VMS regulations that were
modified or added under the NE Multispecies FW 42 correction rule. This
rule would reinstate those regulations. Other sections that would be
clarified relate to recordkeeping requirements and twine-top
measurements of scallop dredges. Under this proposed rule, the
recordkeeping regulations would be modified to specify some of the
types of records vessel owners and dealers are required to retain, and
to clarify that any person acting in the capacity of a federally
permitted dealer is subject to the same requirements as a federally
permitted dealer. Further, this rule would clarify how to measure
twine-top in scallop dredges and assist industry members with complying
with the minimum mesh size requirements of the Atlantic Sea Scallop
FMP. Other minor adjustments to the regulations would correct the
references of the Regular B Days-At-Sea (DAS) Program by removing the
word ``pilot,'' and make other corrections to cross-references.
[[Page 2480]]
A detailed description of the proposed regulatory changes,
including their justification, is provided in the following paragraphs.
Proposed Measures
1. VMS Type Approval Regulations
Currently, the NE Region is the only NMFS region that has a
different set of qualifications than the National VMS Program that VMS
vendors and units must meet in order to sell approved VMS units to
Federal permit holders. This action is intended to standardize the NE
Region's qualifications with those of the National VMS Program, while
retaining the RA's ability to approve or disapprove VMS vendors or
units for use in the NE Region independently from the National VMS
Program. Standardizing the VMS vendor and unit requirements would add
the definition of a ``mobile transmitting unit'' as the formal
definition of a VMS unit, and the definition of a ``mobile
communications service provider'' as the formal definition of a VMS
vendor.
2. Revisions to VMS Demarcation Line and Other VMS Requirements
The final rule implementing measures approved under FW 42 to the NE
Multispecies FMP (71 FR 62156; November 22, 2006) required all vessels
fishing for groundfish under a NE multispecies DAS to use VMS. Counting
of a vessel's DAS begins once the vessel crosses the VMS Demarcation
Line, a line running roughly parallel to the coast, as specified at
Sec. 648.10(a). Prior to the implementation of the FW 42 VMS
requirement, several NE multispecies vessels were observed to be
operating out of several small islands off the coast of Maine; namely,
Monhegan Island, Isle au Haut, and Matinicus Isle. These vessels could
not be charged any NE multispecies DAS while using the VMS, because the
islands are seaward of the VMS Demarcation Line by several miles. In
order to begin a DAS trip while using the VMS, a vessel must make a
declaration in port, and cross the Demarcation Line on its way out to
sea. The first VMS position detected seaward of the Demarcation Line is
the beginning time for charging DAS. However, vessels fishing from
these islands cannot trigger the DAS clock because they begin their
trips seaward of the VMS Demarcation Line and, as a result, the VMS
does not detect that a vessel operating out of these islands has begun
(or ended) a trip under a DAS. This action would modify the existing
VMS Demarcation Line to include Monhegan Island, ME, so that those
vessels are accurately charged DAS, as appropriate. The revised
Demarcation Line also allows vessels from the other Maine islands to
steam inside the Demarcation Line easily, as it is much closer, and
begin their trip.
The final rule implementing measures for FW 1 to the Surfclam and
Ocean Quahog FMP inadvertently removed previously approved sections of
the VMS regulations. This proposed rule would reinstate those
regulations that had previously been found at Sec. 648.10(b)(2)(i)
through (iv). A correcting amendment that became effective December 27,
2007 (72 FR 73274) amended Sec. 648.10(b)(2)(iii); however, because
that section had been removed prior to publication of the correcting
amendment, the modification was not enacted. This amendment would
implement that modification with the reinstatement of that regulation
pertaining to how DAS are calculated as a vessel crosses the
Demarcation Line or enters the Eastern U.S./Canada Area.
FW 1 also implemented a requirement that surfclam and ocean quahog
vessel owners call OLE when installing or replacing a VMS unit to
ensure connectivity between the vessel's unit and the OLE database.
Previously, vessel owners who installed or replaced a unit would
attempt to declare a trip and/or sail before the unit was registered by
the National VMS Program or assigned to the NE Region. This would
result in vessel owners appearing to sail with no code, or a trip not
being recorded correctly, causing problems for both the vessel owner
and OLE. This action would expand the surfclam and ocean quahog
verification requirement to all vessel owners to confirm that their
unit is in compliance with all the registration requirements of the
various systems employed by the VMS program.
3. Reorganization of VMS and Prohibitions Sections
In addition to the changes and additions described above, the VMS
and prohibitions sections would be reorganized by this proposed rule.
The VMS sections (Sec. Sec. 648.9 and 648.10) would be reorganized by
relevance to a VMS vendor or unit requirement, or a vessel owner/
operator requirement. The prohibitions section (Sec. 648.14) would be
organized by FMP and, within each fishery specific sub-section, by
relevance to regulatory requirements (e.g., permit requirements,
possession and landing restrictions, gear requirements, etc.).
4. Additional Prohibitions
The following prohibitions would be added by this proposed rule and
are intended to clarify existing policies or regulations in order to
increase understanding among affected parties and improve enforcement:
(1) A prohibition on the aiding and abetting of actions prohibited
by the Magnuson-Stevens Act, or any regulation, notice, or permit
issued in accordance with the Magnuson-Stevens Act, or any other
statute administered by NOAA. This prohibition would clarify existing
policy that the act of assisting in a violation of Federal fisheries
regulations is itself a violation.
(2) A prohibition specifying that it is a violation for an observer
to provide false or inaccurate data or other information to NMFS. This
prohibition would clarify existing requirements for observers under
their contracts.
(3) A prohibition clarifying that it is a violation to provide a
VMS activity code that does not reflect the intended fishing activity.
(4) A prohibition clarifying that it is a violation to transfer at
sea species regulated in the NE Region, without a Letter of
Authorization or otherwise allowed, by vessels issued a valid Federal
permit.
(5) A prohibition clarifying that any vessel fishing for,
possessing, or retaining species regulated in the NE Region must be
under its own power, unless it is an emergency.
5. Revisions to Recordkeeping Requirements
This proposed rule would revise the current recordkeeping
requirements by identifying some of the types of records that are
required to be kept regarding fish possessed by a vessel; or possessed,
received, or purchased by a dealer that are required to be reported.
This revision would clarify, for vessel owners and dealers, which
records must be preserved and available for inspection by authorized
officers, or other NMFS employees, as designated by the RA. To
accomplish this, this rule would provide examples of the types of
records that are required to be retained by dealers.
In addition, this rule would clarify that an individual acting in
the capacity of a dealer, as defined by Sec. 648.2, is required to
submit a detailed report of all fish purchased or received for a
commercial purpose, as federally permitted dealers are required to do.
6. Addition of Twine-top Measurement Regulation
This proposed rule would add a provision to clarify how twine-top
should be measured to determine compliance with the scallop dredge gear
requirements found at Sec. 648.51(b).
[[Page 2481]]
7. Other Corrections
All references to the above sections would be modified to correctly
cross-reference the intended citation. Minor corrections to the
existing prohibitions would also be enacted to increase their
readability or correct inadvertent errors. Also, the word ``pilot''
would be removed from all references to the Regular B DAS Program. As
of November 22, 2006, the effective date of NE Multispecies FW 42,
neither program is considered to be a pilot program. In addition, an
existing prohibition that it is unlawful for a vessel to possess more
than two claws and eight legs per red crab, unless the vessel has been
issued a red crab limited access red crab permit and is fishing under a
DAS would be clarified by adding the supporting regulation to the red
crab possession and landing restrictions.
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
proposed rule is consistent with the FMPs of the NE Region, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows:
The proposed action would affect a substantial number of small
entities, as all vessels issued a Federal permit in the NE Region
would be affected by this action. The proposed action would correct/
clarify the existing regulations to ensure that the current
regulations accurately reflect measures adopted by the New England
and Mid-Atlantic Fishery Management Councils and approved by the
Secretary of Commerce. This action would ensure that the economic
impacts analyzed in previous actions would be realized, but would
not impose any additional economic impacts on affected entities. The
proposed action would not significantly reduce profit for affected
vessels, as the proposed measures are either administrative in
nature and would not affect vessel operations, or would have no
economic impact beyond that previously analyzed. This action would
simply clarify or reinstate such requirements, respectively, but
would not increase costs associated with these measures.
As a result, an initial regulatory flexibility analysis is not
required, and none has been prepared.
This proposed rule contains a non-substantive change to a
previously approved collection-of-information requirement subject to
review and approval by OMB under the Paperwork Reduction Act (PRA).
This requirement will be submitted to OMB for approval prior to the
final rule. Public reporting burden for requiring all VMS users to
confirm connectivity with the Office of Law Enforcement is estimated to
average less than 5 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection information.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to the
Northeast Regional Office at the ADDRESSES above, and by e-mail to
David_Rostker@omb.eop.gov or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 9, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.2, definitions for ``MCSP'', ``MTU'', and
``Records'' are added in alphabetical order to read as follows:
Sec. 648.2 Definitions.
* * * * *
MCSP means a Mobile Communications Service Provider, which is an
operator of a mobile communications service used to provide wireless
connectivity between mobile platforms and fixed platforms, and enables
location transmission and two-way message exchange between the vessel
and NMFS, when using a compatible MTU.
* * * * *
MTU means a Mobile Transmitting Unit, which is a transceiver or
communications device, including antennae, dedicated message terminal
and display, and an input device such as a keyboard installed on a
fishing vessel participating in the VMS program.
* * * * *
Records, with respect to records required to be kept by Sec.
648.7, means those that include, but are not limited to, any written,
recorded, graphic, electronic, or digital material; as well as other
information stored in or accessible through a computer or other
information retrieval system; worksheets; weighout slips; preliminary,
interim, and final tally sheets; tags; notes; logbooks; statements;
receipts; checks; ledgers; notebooks; diaries; spreadsheets; diagrams;
graphs; charts; tapes; disks; or computer printouts.
* * * * *
3. In Sec. 648.4, paragraphs (a)(8)(ii) and (a)(9)(i)(N)(3)(i) are
revised to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(8) * * *
(ii) Party and charter vessels. All party or charter boats must
have been issued and carry on board a valid party or charter boat
permit to fish for, possess, or land Atlantic bluefish in or from the
EEZ if carrying passengers for hire. Persons on board such vessels must
observe the possession limits established pursuant to Sec. 648.164 and
the prohibitions on sale specified in Sec. 648.14(q).
* * * * *
(9) * * *
(i) * * *
(N) * * *
(3) * * *
(i) A vessel denied a limited access monkfish Category G or H
permit may fish under the monkfish DAS program, provided that the
denial has been
[[Page 2482]]
appealed, the appeal is pending, and the vessel has on board a letter
from the Regional Administrator authorizing the vessel to fish under
the monkfish DAS program. The letter of authorization must be carried
on board the vessel. A vessel with such a letter of authorization shall
not exceed the annual allocation of monkfish DAS as specified in Sec.
648.92(b)(1) and must report the use of monkfish DAS according to the
provisions of Sec. 648.10. If the appeal is finally denied, the
Regional Administrator shall send a notice of final denial to the
vessel owner; the letter authorizing temporary participation in the
monkfish fishery shall become invalid 5 days after receipt of the
notice of denial, but no later than 10 days from the date of the denial
letter. If the appeal is approved, any DAS used during pendency of the
appeal shall be deducted from the vessel's annual allocation of
monkfish DAS for that fishing year.
* * * * *
4. In Sec. 648.7, paragraphs (a)(1) introductory text, (d), and
(e) are revised to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(a) * * *
(1) Detailed report. Federally permitted dealers, and any
individual acting in the capacity of a dealer, must submit to the
Regional Administrator or to the official designee a detailed report of
all fish purchased or received for a commercial purpose, other than
solely for transport on land, within the time period specified in
paragraph (f) of this section, by one of the available electronic
reporting mechanisms approved by NMFS, unless otherwise directed by the
Regional Administrator. The following information, and any other
information required by the Regional Administrator, must be provided in
each report:
* * * * *
(d) Inspection. Upon the request of an authorized officer or an
employee of NMFS designated by the Regional Administrator to make such
inspections, all persons required to submit reports under this part
must make immediately available for inspection copies of reports, and
all records upon which those reports are or will be based, that are
required to be submitted or kept under this part.
(e) Record retention. Any record, as defined at Sec. 648.2,
related to fish possessed, received, or purchased by a dealer that is
required to be reported, must be retained and be available for
immediate review for a total of 3 years after the date the fish were
first possessed, received, or purchased. Dealers must retain the
required records and reports at their principal place of business.
Copies of fishing log reports must be kept on board the vessel and
available for review for at least 1 year, and must be retained for a
total of 3 years after the date the fish were last possessed, landed,
and sold.
* * * * *
5. Section 648.9 is revised to read as follows:
Sec. 648.9 VMS vendor and unit requirements.
(a) Approval. The type approval requirements for VMS MTUs and MCSPs
for the Northeast Region are those as published by the NMFS Office of
Law Enforcement in the Federal Register, and are available upon
request. Both the minimum national standards and any established
regional standards must be met in order to receive approval for use in
the Northeast Region. The Regional Administrator shall approve all MTUs
and MCSPs operating in the Northeast Region.
(b) Maintenance. Once approved, VMS units must maintain the minimum
standards for which they were approved in the type approval
requirements. Any changes made to the original submission for approval
of an MTU or MCSP by NMFS must follow the procedures outlined in the
type approval requirements.
(c) Notification. A list of approved VMS vendors will be published
on the Northeast Regional Office web site and in each proposed and
final rule for implementing or modifying VMS requirements for specific
fisheries.
(d) Revocations. In the event that a VMS vendor is deleted from the
list of approved vendors, vessel owners that purchased a VMS unit from
that vendor to meet Northeast requirements will be considered
authorized to use that unit for the remainder of the unit's service
life.
6. Section 648.10 is revised to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
(a) VMS Demarcation Line. The VMS Demarcation Line is defined by
straight lines connecting the following coordinates in the order stated
(a copy of a map showing the line is available from the Regional
Administrator upon request):
VMS Demarcation Line
------------------------------------------------------------------------
N. W.
Description Lat. Long.
------------------------------------------------------------------------
1. Northern terminus point (Canada landmass) 45[de 66[deg
g]03 ]47'
'
------------------------------------------------------------------------
2. A point east of West Quoddy Head Light 44[de 66[deg
g]48 ]56.1
.9' '
------------------------------------------------------------------------
3. A point east of Little River Light 44[de 67[deg
g]39 ]10.5
.0' '
------------------------------------------------------------------------
4. Whistle Buoy ``8BI'' (SSE of Baker Island) 44[de 68[deg
g]13 ]10.8
.6' '
------------------------------------------------------------------------
5. Isle au Haut Light 44[de 68[deg
g]03 ]39.1
.9' '
------------------------------------------------------------------------
6. A point south of Monhegan Island 43[de 69[deg
g]43 ]18.6
.3' '
------------------------------------------------------------------------
7. Pemaquid Point Light 43[de 69[deg
g]50 ]30.4
.2' '
------------------------------------------------------------------------
8. A point west of Halfway Rock 43[de 70[deg
g]38 ]05.0
.0' '
------------------------------------------------------------------------
9. A point east of Cape Neddick Light 43[de 70[deg
g]09 ]34.5
.9' '
------------------------------------------------------------------------
10. Merrimack River Entrance ``MR'' Whistle Buoy 42[de 70[deg
g]48 ]47.1
.6' '
------------------------------------------------------------------------
11. Halibut Point Gong Buoy ``1AHP'' 42[de 70[deg
g]42 ]37.5
.0' '
------------------------------------------------------------------------
[[Page 2483]]
12. Connecting reference point 42[de 70[deg
g]40 ]30'
'
------------------------------------------------------------------------
13. Whistle Buoy ``2'' off Eastern Point 42[de 70[deg
g]34 ]39.8
.3' '
------------------------------------------------------------------------
14. The Graves Light (Boston) 42[de 70[deg
g]21 ]52.2
.9' '
------------------------------------------------------------------------
15. Minots Ledge Light 42[de 70[deg
g]16 ]45.6
.2' '
------------------------------------------------------------------------
16. Farnham Rock Lighted Bell Buoy 42[de 70[deg
g]05 ]36.5
.6' '
------------------------------------------------------------------------
17. Cape Cod Canal Bell Buoy ``CC'' 41[de 70[deg
g]48 ]27.7
.9' '
------------------------------------------------------------------------
18. A point inside Cape Cod Bay 41[de 70[deg
g]48 ]05'
.9'
------------------------------------------------------------------------
19. Race Point Lighted Bell Buoy ``RP'' 42[de 70[deg
g]04 ]16.8
.9' '
------------------------------------------------------------------------
20. Peaked Hill Bar Whistle Buoy ``2PH'' 42[de 70[deg
g]07 ]06.2
.0' '
------------------------------------------------------------------------
21. Connecting point, off Nauset Light 41[de 69[deg
g]50 ]53'
'
------------------------------------------------------------------------
22. A point south of Chatham ``C'' Whistle Buoy 41[de 69[deg
g]38 ]55.2
' '
------------------------------------------------------------------------
23. A point in eastern Vineyard Sound 41[de 70[deg
g]30 ]33'
'
------------------------------------------------------------------------
24. A point east of Martha's Vineyard 41[de 70[deg
g]22 ]24.6
.2' '
------------------------------------------------------------------------
25. A point east of Great Pt. Light, Nantucket 41[de 69[deg
g]23 ]57'
.4'
------------------------------------------------------------------------
26. A point SE of Sankaty Head, Nantucket 41[de 69[deg
g]13 ]57'
'
------------------------------------------------------------------------
27. A point west of Nantucket 41[de 70[deg
g]15 ]25.2
.6' '
------------------------------------------------------------------------
28. Squibnocket Lighted Bell Buoy ``1'' 41[de 70[deg
g]15 ]46.3
.7' '
------------------------------------------------------------------------
29. Wilbur Point (on Sconticut Neck) 41[de 70[deg
g]35 ]51.2
.2' '
------------------------------------------------------------------------
30. Mishaum Point (on Smith Neck) 41[de 70[deg
g]31 ]57.2
.0' '
------------------------------------------------------------------------
31. Sakonnet Entrance Lighted Whistle Buoy ``SR'' 41[de 71[deg
g]25 ]13.4
.7' '
------------------------------------------------------------------------
32. Point Judith Lighted Whistle Buoy ``2'' 41[de 71[deg
g]19 ]28.6
.3' '
------------------------------------------------------------------------
33. A point off Block Island Southeast Light 41[de 71[deg
g]08 ]32.1
.2' '
------------------------------------------------------------------------
34. Shinnecock Inlet Lighted Whistle Buoy ``SH'' 40[de 72[deg
g]49 ]28.6
.0' '
------------------------------------------------------------------------
35. Scotland Horn Buoy ``S'', off Sandy Hook (NJ) 40[de 73[deg
g]26 ]55.0
.5' '
------------------------------------------------------------------------
36. Barnegat Lighted Gong Buoy ``2'' 39[de 73[deg
g]45 ]59.5
.5' '
------------------------------------------------------------------------
37. A point east of Atlantic City Light 39[de 74[deg
g]21 ]22.7
.9' '
------------------------------------------------------------------------
38. A point east of Hereford Inlet Light 39[de 74[deg
g]00 ]46'
.4'
------------------------------------------------------------------------
39. A point east of Cape Henlopen Light 38[de 75[deg
g]47 ]04'
'
------------------------------------------------------------------------
40. A point east of Fenwick Island Light 38[de 75[deg
g]27 ]02'
.1'
------------------------------------------------------------------------
41. A point NE of Assateague Island (VA) 38[de 75[deg
g]00 ]13'
'
------------------------------------------------------------------------
42. Wachapreague Inlet Lighted Whistle Buoy ``A'' 37[de 75[deg
g]35 ]33.7
.0' '
------------------------------------------------------------------------
43. A point NE of Cape Henry 36[de 75[deg
g]55 ]58.5
.6' '
------------------------------------------------------------------------
44. A point east of Currituck Beach Light 36[de 75[deg
g]22 ]48'
.6'
------------------------------------------------------------------------
45. Oregon Inlet (NC) Whistle Buoy 35[de 75[deg
g]48 ]30'
.5'
------------------------------------------------------------------------
46. Wimble Shoals, east of Chicamacomico 35[de 75[deg
g]36 ]26'
'
------------------------------------------------------------------------
47. A point SE of Cape Hatteras Light 35[de 75[deg
g]12 ]30'
.5'
------------------------------------------------------------------------
48. Hatteras Inlet Entrance Buoy ``HI'' 35[de 75[deg
g]10 ]46'
'
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[[Page 2484]]
49. Ocracoke Inlet Whistle Buoy ``OC'' 35[de 76[deg
g]01 ]00.5
.5' '
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50. A point east of Cape Lookout Light 34[de 76[deg
g]36 ]30'
.5'
------------------------------------------------------------------------
51. Southern terminus point 34[de 76[deg
g]35 ]41'
'
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(b) Vessels required to use VMS. The following vessels must have
installed on board an operational VMS unit that meets the minimum
performance criteria specified in, or as modified pursuant to Sec.
648.9(a):
(1) A scallop vessel issued a Full-time or Part-time limited access
scallop permit, or an LAGC scallop permit;
(2) A scallop vessel issued an Occasional limited access permit
when fishing under the Sea Scallop Area Access Program specified under
Sec. 648.60;
(3) A vessel issued a limited access monkfish, Occasional scallop,
or Combination permit, whose owner elects to provide the notifications
required by this paragraph (b), unless otherwise authorized or required
by the Regional Administrator under paragraph (d) of this section;
(4) A vessel issued a limited access NE multispecies permit that
fishes under a NE multispecies Category A or B DAS;
(5) A vessel issued a surfclam (SF 1) or an ocean quahog (OQ 6)
open access permit;
(6) Effective January 1, 2009, a vessel issued a Maine mahogany
quahog (OQ 7) limited access permit, unless otherwise exempted under
paragraph Sec. 648.4(a)(4)(ii)(B)(1);
(7) A limited access monkfish vessel electing to fish in the
Offshore Fishery Program in the SFMA, as provided in Sec. 648.95; and
(8) A vessel issued a limited access herring permit (i.e., All
Areas Limited Access Permit, Areas 2 and 3 Limited Access Permit,
Incidental Catch Limited Access Permit).
(c) Operating requirements for all vessels. (1) Except as provided
in paragraph (c)(2) of this section, or unless otherwise required by
paragraph (c)(1)(ii) of this section, all required VMS units must
transmit a signal indicating the vessel's accurate position, as
specified under paragraph (c)(1)(i) of this section:
(i) At least every hour, 24 hr a day, throughout the year; or
(ii) At least twice per hour, 24 hr a day, throughout the year, for
vessels issued a scallop permit and subject to the requirements of
Sec. 648.4(a)(2)(ii)(B).
(2) Power-down exemption. (i) Any vessel required to transmit the
vessel's location at all times, as required in paragraph (c)(1) of this
section, is exempt from this requirement if it meets one or more of the
following conditions and requirements:
(A) The vessel will be continuously out of the water for more than
72 consecutive hours, the vessel signs out of the VMS program by
obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii)
of this section, and the vessel complies with all conditions and
requirements of said letter;
(B) For vessels fishing with a valid NE multispecies limited access
permit, a valid surfclam and ocean quahog permit specified at Sec.
648.4(a)(4), or an Atlantic sea scallop limited access permit, the
vessel owner signs out of the VMS program for a minimum period of 30
consecutive days by obtaining a valid letter of exemption pursuant to
paragraph (c)(2)(ii) of this section, the vessel does not engage in any
fisheries until the VMS unit is turned back on, and the vessel complies
with all conditions and requirements of said letter;
(C) The vessel has been issued a limited access herring permit, and
is in port, unless required by other permit requirements for other
fisheries to transmit the vessel's location at all times. Such a vessel
must re-power the VMS and submit a valid VMS activity declaration prior
to leaving port; or
(D) The vessel has been issued an LAGC permit, is not in possession
of any scallops onboard the vessel, is tied to a permanent dock or
mooring, the vessel operator has notified NMFS through VMS by
transmitting the appropriate VMS power-down code that the VMS will be
powered down, and the vessel is not required by other permit
requirements for other fisheries to transmit the vessel's location at
all times. Such a vessel must re-power the VMS and submit a valid VMS
activity declaration prior to moving from the fixed dock or mooring.
VMS codes and instructions are available from the Regional
Administrator.
(ii) Letter of exemption--(A) Application. A vessel owner may apply
for a letter of exemption from the VMS transmitting requirements
specified in paragraph (c)(1) of this section for his/her vessel by
sending a written request to the Regional Administrator and providing
the following: The location of the vessel during the time an exemption
is sought; the exact time period for which an exemption is needed (
i.e., the time the VMS signal will be turned off and turned on again);
and, in the case of a vessel meeting the conditions of paragraph
(c)(2)(i)(A) of this section, sufficient information to determine that
the vessel will be out of the water for more than 72 consecutive hours.
The letter of exemption must be on board the vessel at all times, and
the vessel may not turn off the VMS signal until the letter of
exemption has been received.
(B) Issuance. Upon receipt of an application, the Regional
Administrator may issue a letter of exemption to the vessel if it is
determined that the vessel owner provided sufficient information as
required under this paragraph (c)(2), and that the issuance of the
letter of exemption will not jeopardize accurate monitoring of the
vessel's DAS. Upon written request, the Regional Administrator may
change the time period for which the exemption is granted.
(d) Presumption. If a VMS unit fails to transmit an hourly signal
of a vessel's position, the vessel shall be deemed to have incurred a
DAS, or fraction thereof, for as long as the unit fails to transmit a
signal, unless a preponderance of evidence shows that the failure to
transmit was due to an unavoidable malfunction or disruption of the
transmission that occurred while the vessel was properly declared out
of the scallop fishery, NE multispecies fishery, or monkfish fishery,
as applicable, or while the vessel was not at sea.
(e) VMS notifications--(1) VMS installation notification. (i) The
owner of such a vessel specified in paragraph (b) of this section, with
the exception of a vessel issued a limited access NE multispecies
permit as specified in paragraph (b)(4) of this section, must provide
documentation to the Regional Administrator at the time of application
for a limited access permit that the vessel has an operational VMS unit
installed on board that meets the
[[Page 2485]]
minimum performance criteria, unless otherwise allowed under paragraph
(b) of this section.
(ii) Vessel owners must confirm the VMS unit's operation and
communications service to NMFS by calling the Office of Law Enforcement
(OLE) to ensure that position reports are automatically sent to and
received by NMFS OLE.
(iii) NMFS does not regard the fishing vessel as meeting the VMS
requirements until automatic position reports and a manual declaration
are received.
(iv) If a vessel has already been issued a limited access permit
without the owner providing such documentation, the Regional
Administrator shall allow at least 30 days for the vessel to install an
operational VMS unit that meets the minimum performance criteria, and
for the owner to provide documentation of such installation to the
Regional Administrator.
(v) The owner of a vessel issued a limited access NE multispecies
permit that fishes or intends to fish under a Category A or B DAS as
specified in paragraph (b)(1)(vi) of this section must provide
documentation to the Regional Administrator that the vessel has an
operational VMS unit installed on board, meeting all requirements of
this part, prior to fishing under a groundfish DAS.
(vi) NMFS shall provide notification to all affected permit holders
providing detailed information on procedures pertaining to VMS
purchase, installation, and use.
(2) Replacement VMS installations. Should a VMS unit require
replacement, a vessel owner must submit documentation to the Regional
Administrator, within 3 days of installation and prior to the vessel's
next trip, verifying, as described in this paragraph (e), that the new
VMS unit is an operational approved system as described under Sec.
648.9(a).
(3) Access. As a condition to obtaining a limited access scallop,
multispecies, an Atlantic herring, a surfclam, ocean quahog, or Maine
mahogany quahog permit; or as a condition of using a VMS unit; all
vessel owners must allow NMFS, the USCG, and their authorized officers
or designees access to the vessel's DAS data, if applicable, and to
location data obtained from its VMS unit, if required, at the time of
or after its transmission to the vendor or receiver, as the case may
be.
(4) Tampering. Tampering with a VMS, a VMS unit, or a VMS signal,
is prohibited. Tampering includes any activity that may affect the
unit's ability to operate or signal properly, or to accurately compute
or report the vessel's position.
(5) Fishery participation notification. (i) A vessel subject to the
VMS requirements of Sec. 648.9 and paragraphs (b) through (d) of this
section that has crossed the VMS Demarcation Line under paragraph (a)
of this section is deemed to be fishing under the DAS program, the
General Category scallop fishery, or other fishery requiring the
operation of VMS as applicable, unless prior to leaving port, the
vessel's owner or authorized representative declares the vessel out of
the scallop, NE multispecies, or monkfish fishery, as applicable, for a
specific time period. NMFS must be notified by transmitting the
appropriate VMS code through the VMS, or unless the vessel's owner or
authorized representative declares the vessel will be fishing in the
Eastern U.S./Canada Area, as described in Sec. 648.85(a)(3)(ii), under
the provisions of that program.
(ii) Notification that the vessel is not under the DAS program, the
General Category scallop fishery, or any other fishery requiring the
operation of VMS, must be received by NMFS prior to the vessel leaving
port. A vessel may not change its status after the vessel leaves port
or before it returns to port on any fishing trip.
(iii) DAS counting for a vessel that is under the VMS notification
requirements of paragraph (b) of this section, with the exception of
vessels that have elected to fish exclusively in the Eastern U.S./
Canada Area on a particular trip, as described in paragraph (b)(i) of
this section, begins with the first location signal received showing
that the vessel crossed the VMS Demarcation Line after leaving port.
DAS counting ends with the first location signal received showing that
the vessel crossed the VMS Demarcation Line upon its return to port.
(iv) For those vessels that have elected to fish exclusively in the
Eastern U.S./Canada Area pursuant to Sec. 648.85(a)(3)(ii), the
requirements of this paragraph (b) begin with the first location signal
received showing that the vessel crossed into the Eastern U.S./Canada
Area and end with the first location signal received showing that the
vessel crossed out of the Eastern U.S./Canada Area upon beginning its
return trip to port, unless the vessel elects to also fish outside the
Eastern U.S./Canada Area on the same trip, in accordance with Sec.
648.85(a)(3)(ii)(A).
(v) The Regional Administrator may authorize or require the use of
the call-in system instead of the use of VMS, as described under
paragraph (h) of this section. Furthermore, the Regional Administrator
may authorize or require the use of letters of authorization as an
alternative means of enforcing possession limits, if VMS cannot be used
for such purposes.
(f) Atlantic sea scallop vessel VMS notification requirements. Less
than 1 hr prior to leaving port, the owner or authorized representative
of a scallop vessel that is required to use VMS as specified in
paragraph (b)(1) of this section must notify the Regional Administrator
by entering the appropriate VMS code that the vessel will be
participating in the scallop DAS program, Area Access Program, or
general category scallop fishery. VMS codes and instructions are
available from the Regional Administrator upon request.
(1) IFQ scallop vessels. An IFQ scallop vessel that has crossed the
VMS Demarcation Line specified under paragraph (a) of this section is
deemed to be fishing under the IFQ program, unless prior to the vessel
leaving port, the vessel's owner or authorized representative declares
the vessel out of the scallop fishery (i.e., agrees that the vessel
will not possess, retain, or land scallops) for a specific time period
by notifying the Regional Administrator through the VMS. An IFQ scallop
vessel that is fishing north of 42[deg]20' N. lat. is deemed to be
fishing under the NGOM scallop fishery unless prior to the vessel
leaving port, the vessel's owner or authorized representative declares
the vessel out of the scallop fishery, as specified in paragraphs
(e)(5)(i) and (ii) of this section, and the vessel does not possess,
retain, or land scallops.
(2) NGOM scallop fishery. An NGOM scallop vessel is deemed to be
fishing under the NGOM scallop fishery unless prior to the vessel
leaving port, the vessel's owner or authorized representative declares
the vessel out of the scallop fishery, as specified in paragraphs
(e)(5)(i) and (ii) of this section, and the vessel does not possess,
retain, or land scallops.
(3) Incidental scallop fishery. An Incidental scallop vessel that
has crossed the VMS Demarcation Line on any declared fishing trip for
any species is deemed to be fishing under the Incidental scallop
fishery unless, prior to the vessel leaving port, the vessel's owner or
authorized representative declares the vessel out of the scallop
fishery, as specified in paragraphs (e)(5)(i) and (ii) of this section,
and the vessel does not possess, retain, or land scallops.
(4) Catch reports. All scallop vessels fishing in the Sea Scallop
Area Access Program as described in Sec. 648.60 are required to submit
daily reports through
[[Page 2486]]
VMS of scallops kept and yellowtail flounder caught (including
discarded yellowtail flounder) on each Access Area trip. The VMS catch
reporting requirements are specified in Sec. 648.60(a)(9). A vessel
issued an IFQ or NGOM scallop permit must report through VMS the amount
of scallops kept on each trip declared as a scallop trip or on trips
that are not declared through VMS as scallop trips, but on which
scallops are caught incidentally. VMS catch reports by IFQ and NGOM
scallop vessels must be sent prior to crossing the VMS Demarcation Line
on the way back to port at the end of the trip, and must include the
amount of scallop meats to be landed, the estimated time of arrival in
port, the port at which the scallops will be landed, and the vessel
trip report serial number recorded from that trip's vessel trip report.
(5) Scallop vessels fishing under exemptions. Vessels fishing under
the exemptions provided by Sec. 648.54 (a) and/or (b)(1) must comply
with the exemption requirements and notify the Regional Administrator
by VMS notification or by call-in notification as follows:
(i) VMS notification for scallop vessels fishing under exemptions.
(A) Notify the Regional Administrator, via their VMS, prior to the
vessel's first trip under the state waters exemption program, that the
vessel will be fishing exclusively in state waters; and
(B) Notify the Regional Administrator, via their VMS, prior to the
vessel's first planned trip in the EEZ, that the vessel is to resume
fishing under the vessel's DAS allocation.
(ii) Call-in notification for scallop vessels fishing under
exemptions. (A) Notify the Regional Administrator by using the call-in
system and providing the following information at least 7 days prior to
fishing under the exemption:
(1) Owner and caller name and address;
(2) Vessel name and permit number; and
(3) Beginning and ending dates of the exemption period.
(B) Remain under the exemption for a minimum of 7 days.
(C) If, under the exemption for a minimum of 7 days and wishing to
withdraw earlier than the designated end of the exemption period,
notify the Regional Administrator of early withdrawal from the program
by calling the call-in system, providing the vessel's name and permit
number and the name and phone number of the caller, and stating that
the vessel is withdrawing from the exemption. The vessel may not leave
port to fish in the EEZ until 48 hr after notification of early
withdrawal is received by the Regional Administrator.
(D) The Regional Administrator will furnish a phone number for
call-ins upon request.
(E) Such vessels must comply with the VMS notification requirements
specified in paragraph (e) of this section by notifying the Regional
Administrator by entering the appropriate VMS code that the vessel is
fishing outside of the scallop fishery. VMS codes and instructions are
available from the Regional Administrator upon request.
(g) VMS notification requirements for other fisheries. (1) Unless
otherwise specified in this part, or via letters sent to affected
permit holders under paragraph (e)(1)(iv) of this section, the owner or
authorized representative of a vessel that is required to use VMS, as
specified in paragraph (b) of this section, must notify the Regional
Administrator of the vessel's intended fishing activity by entering the
appropriate VMS code prior to leaving port at the start of each fishing
trip.
(2) Notification of a vessel's intended fishing activity includes,
but is not limited to, gear and DAS type to be used; area to be fished;
and whether the vessel will be declared out of the DAS fishery, or will
participate in the NE multispecies and monkfish DAS fisheries,
including approved special management programs.
(3) A vessel cannot change any aspect of its VMS activity code
outside of port, except as follows:
(i) NE multispecies vessels are authorized to change the category
of DAS used (i.e., flip its DAS), as provided at Sec. 648.85(b), or
change the area declared to be fished so that the vessel may fish both
inside and outside of the Eastern U.S./Canada Area on the same trip, as
provided at Sec. 648.85(a)(3)(ii)(A).
(ii) Vessels issued both a NE multispecies permit and a monkfish
permit are authorized to change their DAS declaration from a NE
multispecies Category A DAS to a monkfish DAS, while remaining subject
to the to the NE multispecies DAS usage requirements under Sec.
648.92(b)(1)(i), during the course of a trip, as provided at Sec.
648.92(b)(1)(iii)(A).
(4) VMS activity codes and declaration instructions are available
from the Regional Administrator upon request.
(h) Call-in notification. The owner of a vessel issued a limited
access monkfish or red crab permit who is participating in a DAS
program and who is not required to provide notification using a VMS,
and a scallop vessel qualifying for a DAS allocation under the
occasional category that has not elected to fish under the VMS
notification requirements of paragraph (e) of this section and is not
participating in the Sea Scallop Area Access program as specified in
Sec. 648.60, and any vessel that may be required by the Regional
Administrator to use the call-in program under paragraph (i) of this
section, are subject to the following requirements:
(1) Less than 1 hr prior to leaving port, for vessels issued a
limited access NE multispecies DAS permit or, for vessels issued a
limited access NE multispecies DAS permit and a limited access monkfish
permit (Category C, D, F, G, or H), unless otherwise specified in this
paragraph (h), and, prior to leaving port for vessels issued a limited
access monkfish Category A or B permit, the vessel owner or authorized
representative must notify the Regional Administrator that the vessel
will be participating in the DAS program by calling the call-in system
and providing the following information:
(i) Owner and caller name and phone number;
(ii) Vessel name and permit number;
(iii) Type of trip to be taken;
(iv) Port of departure; and
(v) That the vessel is beginning a trip.
(2) A DAS begins once the call has been received and a confirmation
number is given by the Regional Administrator, or when a vessel leaves
port, whichever occurs first, unless otherwise specified in paragraph
(e)(2)(iii) of this section.
(3) Vessels issued a limited access monkfish Category C, D, F, G,
or H permit that are allowed to fish as a monkfish Category A or B
vessel in accordance with the provisions of Sec. 648.92(b)(2)(i) are
subject to the call-in notification requirements for limited access
monkfish Category A or B vessels specified under this paragraph (h) for
those monkfish DAS when there is not a concurrent NE multispecies DAS.
(4) The vessel's confirmation numbers for the current and
immediately prior NE multispecies, monkfish, or red crab fishing trip
must be maintained on board the vessel and provided to an authorized
officer immediately upon request.
(5) At the end of a vessel's trip, upon its return to port, the
vessel owner or owner's representative must call the Regional
Administrator and notify him/her that the trip has ended by providing
the following information:
(i) Owner and caller name and phone number;
(ii) Vessel name and permit number;
(iii) Port of landing; and
[[Page 2487]]
(iv) That the vessel has ended its trip.
(6) A DAS ends when the call has been received and confirmation has
been given by the Regional Administrator, or when a vessel enters port
at the end of a fishing trip, whichever occurs later, unless otherwise
specified in paragraph (e)(2)(iii) of this section.
(7) The Regional Administrator will furnish a phone number for DAS
notification call-ins upon request.
(8) Any vessel that possesses or lands per trip more than 400 lb
(181 kg) of scallops; any vessel issued a limited access NE
multispecies permit subject to the NE multispecies DAS program
requirements that possesses or lands regulated NE multispecies, except
as provided in Sec. Sec. 648.10(h)(9)(ii), 648.17, and 648.89; any
vessel issued a limited access monkfish permit subject to the monkfish
DAS program and call-in requirement that possess or lands monkfish
above the incidental catch trip limits specified in Sec. 648.94(c);
and any vessel issued a limited access red crab permit subject to the
red crab DAS program and call-in requirement that possesses or lands
red crab above the incidental catch trip limits specified in Sec.
648.263(b)(1) shall be deemed to be in its respective DAS program for
purposes of counting DAS and will be charged DAS from its time of
sailing to landing, regardless of whether the vessel's owner or
authorized representative provides adequate notification as required by
paragraphs (e) through (h) of this section.
(9) Vessels electing to use VMS. (i) A vessel issued a limited
access monkfish, Occasional scallop, or Combination permit must use the
call-in system specified in paragraph (h) of this section, unless the
owner of such vessel has elected to provide the notifications required
by this paragraph (e), through VMS as specified under paragraph
(h)(9)(ii) of this section. Any vessel issued a limited access monkfish
or an Occasional scallop permit that has elected to provide
notifications through VMS must continue to provide notifications
through VMS for the entire fishing year.
(ii) A vessel issued a limited access monkfish or Occasional
scallop permit may be authorized by the Regional Administrator to
provide the notifications required by paragraph (e) of this section
using the VMS specified in paragraph (b) of this section. For the
vessel to become authorized, the vessel owner must provide
documentation to the Regional Administrator at the time of application
for a limited access permit that the vessel has installed on board an
operational VMS as provided under Sec. 648.9(a). A vessel that is
authorized to use the VMS in lieu of the call-in requirement for DAS
notification shall be subject to the requirements and presumptions
described under paragraphs (e)(2)(i) through (v) of this section. This
paragraph (h) does not apply to vessels electing to use the VMS.
(i) Temporary authorization for use of the call-in system. The
Regional Administrator may authorize or require, on a temporary basis,
the use of the call-in system of notification specified in paragraph
(h) of this section, instead of using the VMS. If use of the call-in
system is authorized or required, the Regional Administrator shall
notify affected permit holders through a letter, notification in the
Federal Register, e-mail, or other appropriate means.
(j) Additional NE multispecies call-in requirements--(1) Spawning
season call-in. With the exception of a vessel issued a valid Small
Vessel category permit or the Handgear A permit category, vessels
subject to the spawning season restriction described in Sec. 648.82
must notify the Regional Administrator of the commencement date of
their 20-day period out of the NE multispecies fishery through the IVR
system (or through VMS, if required by the Regional Administrator) and
provide the following information:
(i) Vessel name and permit number;
(ii) Owner and caller name and phone number; and
(iii) Commencement date of the 20-day period.
(2) Gillnet call-in. A vessel subject to the gillnet restriction
described in Sec. 648.82 must notify the Regional Administrator of the
commencement of its time out of the NE multispecies gillnet fishery
using the procedure described in paragraph (k)(1) of this section.
7. In Sec. 648.11, paragraph (i)(3)(v) is added to read as
follows:
Sec. 648.11 At-sea sampler/observer coverage.
* * * * *
(i) * * *
(3) * * *
(v) Observers must accurately record their sampling data, write
complete reports, and report accurately any observations relevant to
conservation of marine resources or their environment.
* * * * *
8. In Sec. 648.13, paragraph (d) is revised to read as follows:
Sec. 648.13 Transfers at sea.
* * * * *
(d) All persons are prohibited from transferring or attempting to
transfer at sea summer flounder from one vessel to another vessel,
except for vessels that have not been issued a Federal permit and fish
exclusively in state waters.
* * * * *
9. Section 648.14 is revised to read as follows:
Sec. 648.14 Prohibitions.
(a) General prohibitions. It is unlawful for any person to do any
of the following:
(1) Violate any provision of this part, the Magnuson-Stevens Act,
or any regulation, notice, or permit issued under the Magnuson-Stevens
Act, or any other statute administered by NOAA.
(2) Assist, aid, or abet in the commission of any act prohibited by
the Magnuson-Stevens Act; or any regulation, notice, or permit issued
under the Magnuson-Stevens Act; or any other statute administered by
NOAA.
(3) Fail to report to the Regional Administrator within 15 days any
change in the information contained in any permit or permit
application.
(4) Falsify or fail to affix and maintain vessel markings as
required by Sec. 648.8.
(5) Make any false statement or provide any false information on,
or in connection with, an application, declaration, record or report
under this part.
(6) Fail to comply in an accurate and timely fashion with the log
report, reporting, record retention, inspection, or other requirements
of Sec. 648.7, or submit or maintain false information in records and
reports required to be kept or filed under Sec. 648.7.
(7) Possess, import, export, transfer, land, or have custody or
control of any species of fish regulated pursuant to this part that do
not meet the minimum size provisions in this part, unless such species
were harvested exclusively within state waters by a vessel not issued a
permit under this part or whose permit has been surrendered in
accordance with applicable regulations.
(8) Fail to comply with any sea turtle conservation measure
specified in 50 CFR parts 222 and 223, including any sea turtle
conservation measure implemented by notification in the Federal
Register.
(9) Violate any provision of an in-season action to adjust trip
limits, gear usage, season, area access and/or closure, or any other
measure authorized by this part.
(10) Food safety program. (i) Purchase, receive for a commercial
purpose other than transport to a testing facility, or process; or
attempt to purchase, receive for commercial
[[Page 2488]]
purpose other than transport to a testing facility; or process, outside
Maine, ocean quahogs harvested in or from the EEZ within the Maine
mahogany quahog zone, except at a facility participating in an overall
food safety program, operated by the official state agency having
jurisdiction, that utilizes food safety-based procedures including
sampling and analyzing for PSP toxin consistent with procedures used by
the State of Maine for such purpose.
(ii) Land ocean quahogs outside Maine that are harvested in or from
the EEZ within the Maine mahogany quahog zone, except at a facility
participating in an overall food safety program, operated by the
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin
consistent with procedures used by the State of Maine for such purpose.
(iii) Fish for, harvest, catch, possess; or attempt to fish for,
harvest, catch, or possess any bivalve shellfish, including Atlantic
surfclams, ocean quahogs, and mussels with the exception of sea
scallops harvested only for adductor muscles and shucked at sea, or a
vessel issued and possessing on board a LOA from the Regional
Administrator authorizing the collection of shellfish for biological
sampling and operating under the terms and conditions of said LOA, in
the area of the EEZ bound by the following coordinates in the order
stated:
(A) 43[deg] 00' N. lat., 71[deg] 00' W. long.;
(B) 43[deg] 00' N. lat., 69[deg] 00' W. long.;
(C) 41[deg] 39' N. lat., 69[deg] 00' W. long;
(D) 41[deg] 39' N. lat., 71[deg] 00' W. long., and then ending at
the first point.
(iv) Fish for, harvest, catch, or possess; or attempt to fish for,
harvest, catch, or possess; any scallops except for scallops harvested
only for adductor muscles and shucked at sea, or a vessel issued and
possessing on board a Letter of Authorization (LOA) from the Regional
Administrator authorizing collection of shellfish for biological
sampling and operating under the terms and conditions of said LOA, in
the area of the EEZ bound by the following coordinates in the order
stated:
(A) 41[deg] 39' N. lat., 71[deg] 00' W. long.;
(B) 41[deg] 39' N. lat., 69[deg] 00' W. long.;
(C) 40[deg] 00' N. lat., 69[deg] 00' W. long.;
(D) 40[deg] 00' N. lat., 71[deg] 00' W. long., and then ending at
the first point.
(b) Vessel and operator permits. It is unlawful for any person to
do any of the following:
(1) Fish for, take, catch, harvest or land any species of fish
regulated by this part in or from the EEZ, unless the vessel has a
valid and appropriate permit issued under this part and the permit is
on board the vessel and has not been surrendered, revoked, or
suspended.
(2) Alter, erase, or mutilate any permit issued under this part or
any document submitted in support of an application for any such
permit.
(3) Operate or act as operator of a vessel that fishes for or
possesses any species of fish regulated by this part, or that is issued
a vessel permit pursuant to this part, without having been issued and
possessing a valid operator's permit.
(4) Fish for, possess, or land species regulated under this part
with or from a vessel that is issued a limited access or moratorium
permit under Sec. 648.4(a) and that has had the horsepower, length,
GRT, or NT of such vessel or its replacement upgraded or increased in
excess of the limitations specified in Sec. 648.4(a)(1)(i)(E) and (F).
(5) Fish for, take, catch, harvest or land any species of fish
regulated by this part for which the vessel is eligible to possess
under a limited access or moratorium permit prior to the time the
vessel has been reissued the applicable limited access or moratorium
permit by NMFS.
(6) Attempt to replace a limited access or moratorium fishing
vessel, as specified at Sec. 648.4(a)(1)(i)(E), more than once during
a permit year, unless the vessel has been rendered permanently
inoperable.
(7) Purchase, possess, or receive from a vessel for a commercial
purpose, other than solely for transport on land, any species of fish
for which a vessel permit is required under this part, unless the
vessel possesses a valid vessel permit issued under this part.
(8) Transfer, remove, or offload, for a commercial purpose; or
attempt to transfer, remove, land, or offload, for a commercial
purpose; at sea, any species regulated under this part, unless the
transferring vessel has been issued and carries on board a valid LOA
from the Regional Administrator, or is otherwise exempted, and the
receiving vessel has been issued and has on board a valid Federal
permit for the species that is being transferred.
(9) Fish for, possess, or retain fish, during a fishing trip,
aboard a federally permitted vessel that, in the absence of an
emergency, has not been operating under its own power for the entire
trip.
(c) Dealer permits. It is unlawful for any person to do any of the
following:
(1) Purchase, possess or receive for a commercial purpose; or
attempt to purchase possess or receive for a commercial purpose; other
than solely for transport on land, any species regulated under this
part unless in possession of a valid dealer permit issued under this
part, except that this prohibition does not apply to species that are
purchased or received from a vessel not issued a permit under this part
that fished exclusively in state waters, or pursuant to the Sec.
648.17 NAFO Regulatory Area exemptions.
(2) Sell, barter, trade, or transfer; or attempt to sell, barter,
trade, or transfer; other than solely for transport on land, any
Atlantic herring, multispecies, or monkfish from a vessel that fished
for such species in the EEZ, unless the dealer or transferee has a
valid dealer permit issued under Sec. 648.6. A person who purchases
and/or receives Atlantic herring at sea for his own personal use as
bait, and does not have purse seine, mid-water trawl, pelagic gillnet,
sink gillnet, or bottom trawl gear on board, is exempt from the
requirement to possess an Atlantic herring dealer permit.
(d) VMS. It is unlawful for any person to do any of the following:
(1) Tamper with, damage, destroy, alter, or in any way distort,
render useless, inoperative, ineffective, or inaccurate the VMS, VMS
unit, or VMS signal required to be installed on or transmitted by
vessel owners or operators required to use a VMS by this part.
(2) Fail to submit the appropriate VMS activity code for the
intended activity at the appropriate time, in accordance with Sec.
648.10.
(e) Observer program. It is unlawful for any person to do any of
the following:
(1) Assault, resist, oppose, impede, harass, intimidate, or
interfere with or bar by command, impediment, threat, or coercion any
NMFS-approved observer or sea sampler conducting his or her duties; or
any authorized officer conducting any search, inspection,
investigation, or seizure in connection with enforcement of this part;
or any official designee of the Regional Administrator conducting his
or her duties, including those duties authorized in Sec. 648.7(g).
(2) Refuse to carry onboard a vessel an observer or sea sampler if
requested to do so by the Regional Administrator or the Regional
Administrator's designee.
(3) Fail to provide information, notification, accommodations,
access, or reasonable assistance to either a NMFS-approved observer or
sea sampler conducting his or her duties aboard a vessel as specified
in Sec. 648.11.
(4) Submit false or inaccurate data, statements, or reports.
(f) Research and experimental fishing. It is unlawful for any
person to violate any terms of a letter authorizing
[[Page 2489]]
experimental fishing pursuant to Sec. 648.12 or fail to keep such
letter on board the vessel during the period of the experiment.
(g) Squid, mackerel, and butterfish--(1) All persons. Unless
participating in a research activity as described in Sec. 648.21(g),
it is unlawful for any person to do any of the following:
(i) Possession and landing. Take, retain, possess, or land more
mackerel, squid or butterfish than specified under, or after the
effective date of, a notification issued under Sec. 648.22.
(ii) Transfer and purchase. (A) Purchase or otherwise receive for a
commercial purpose; other than solely for transport on land; mackerel,
squid, or butterfish caught by a vessel that has not been issued a
Federal mackerel, squid, and butterfish vessel permit, unless the
vessel fishes exclusively in state waters.
(B) Transfer Loligo, Illex, or butterfish within the EEZ, unless
the vessels participating in the transfer have been issued a valid
Loligo and butterfish or Illex moratorium permit and are transferring
species for which the vessels are permitted, or have a valid squid/
butterfish incidental catch permit and the appropriate LOA from the
Regional Administrator.
(2) Vessel and operator permit holders. Unless participating in a
research activity as described in Sec. 648.21(g), it is unlawful for
any person owning or operating a vessel issued a valid mackerel, squid,
and butterfish fishery permit, or issued an operator's permit, to do
any of the following:
(i) General requirement. Fail to comply with any measures
implemented pursuant to Sec. 648.21.
(ii) Possession and landing. (A) Possess more than the incidental
catch allowance of Loligo or butterfish, unless issued a Loligo squid
and butterfish fishery moratorium permit.
(B) Possess more than the incidental catch allowance of Illex
squid, unless issued an Illex squid moratorium permit.
(C) Take, retain, possess, or land mackerel, squid or butterfish in
excess of a possession allowance specified in Sec. 648.22.
(D) Possess 5,000 lb (2.27 mt) or more of butterfish, unless the
vessel meets the minimum mesh size requirement specified in Sec.
648.23(a)(2).
(E) Take, retain, possess, or land mackerel, squid, or butterfish
after a total closure specified under Sec. 648.22.
(iii) Gear and vessel requirements. (A) Fish with or possess nets
or netting that do not meet the gear requirements for Atlantic
mackerel, Loligo, Illex, or butterfish specified in Sec. 648.23(a); or
that are modified, obstructed, or constricted, if subject to the
minimum mesh requirements, unless the nets or netting are stowed in
accordance with Sec. 648.23(b) or the vessel is fishing under an
exemption specified in Sec. 648.23(a)(3)(ii).
(B) Fish for, retain, or possess Atlantic mackerel in or from the
EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall
and 750 GRT, or a shaft horsepower (shp) of 3,000 shp, except for the
retention and possession of Atlantic mackerel for processing by a
vessel holding a valid at-sea processor permit pursuant to Sec.
648.6(a)(2). It shall be presumed that the Atlantic mackerel on board
were harvested in or from the EEZ, unless the preponderance of reliable
evidence available indicates otherwise.
(C) Enter or fish in the mackerel, squid, and butterfish bottom
trawling restricted areas, as described in Sec. 648.23(a)(4).
(3) Charter/party restrictions. Unless participating in a research
activity as described in Sec. 648.21(g), it is unlawful for the owner
and operator of a party or charter boat issued a mackerel, squid, and
butterfish fishery permit (including a moratorium permit), when the
boat is carrying passengers for hire, to do any of the following:
(i) Violate any recreational fishing measures established pursuant
to Sec. 648.21(d).
(ii) Sell or transfer mackerel, squid, or butterfish to another
person for a commercial purpose.
(iii) Carry passengers for hire while fishing commercially under a
mackerel, squid, and butterfish fishery permit.
(4) Presumption. For purposes of this part, the following
presumption applies: All mackerel and butterfish possessed on board a
party or charter boat issued a mackerel, squid, and butterfish fishery
permit are deemed to have been harvested from the EEZ.
(h) Atlantic salmon. Unless participating in a research activity as
described in Sec. 648.21(g), it is unlawful for any person to do any
of the following:
(1) Possession and landing. (i) Use any vessel of the United States
for taking, catching, harvesting, fishing for, or landing any Atlantic
salmon taken from or in the EEZ. It shall be presumed that the Atlantic
salmon on board were harvested in or from the EEZ, unless the
preponderance of reliable evidence available indicates otherwise.
(ii) Transfer, directly or indirectly; or attempt to transfer,
directly or indirectly; to any vessel any Atlantic salmon taken in or
from the EEZ.
(2) [Reserved]
(i) Atlantic sea scallops--(1) All persons. It is unlawful for any
person to do any of the following:
(i) Permit requirement. Fish for, possess, or land, scallops
without the vessel having been issued and carrying onboard a valid
scallop permit in accordance with Sec. 648.4(a)(2), unless the
scallops were harvested by a vessel that has not been issued a Federal
scallop permit and fishes for scallops exclusively in state waters.
(ii) Gear and crew requirements. Have a shucking or sorting machine
on board a vessel while in possession of more than 400 lb (181.4 kg) of
shucked scallops, unless that vessel has not been issued a scallop
permit and fishes exclusively in state waters.
(iii) Possession and landing. (A) Fish for or land per trip, or
possess at any time prior to a transfer to another person for a
commercial purpose, other than solely for transport on land:
(1) In excess of 40 lb (18.1 kg) of shucked scallops at any time, 5
bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation
Line, or 10 bu (3.52 hL) of in-shell scallops seaward of the VMS
Demarcation Line, unless:
(i) The scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(ii) The scallops were harvested by a vessel that has been issued
and carries on board a limited access scallop permit and is properly
declared into the scallop DAS or Area Access program.
(iii) The scallops were harvested by a vessel that has been issued
and carries on board an IFQ scallop permit and is properly declared
into the IFQ scallop fishery.
(iv) The scallops were harvested by a vessel that has been issued
and carries on board an NGOM scallop permit, and is properly declared
into the NGOM scallop management area, and the NGOM TAC specified in
Sec. 648.62 has not been harvested.
(v) The scallops were harvested by a vessel that has been issued
and carries on board an Incidental scallop permit allowing up to 40 lb
(18.1 kg) of shucked or 5 bu (1.76 hL) of in-shell scallops; is
carrying an at-sea observer; and is authorized by the Regional
Administrator to have, and the vessel does not exceed, an increased
possession limit to compensate for the cost of carrying the observer.
(2) In excess of 200 lb (90.7 kg) of shucked scallops at any time,
25 bu (8.8 hL) of in-shell scallops inside the VMS Demarcation Line, or
50 bu (17.6 hL) of in-shell scallops seaward of the VMS Demarcation
Line, unless:
[[Page 2490]]
(i) The scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(ii) The scallops were harvested by a vessel that has been issued
and carries on board a limited access scallop permit and is properly
declared into the scallop DAS or Area Access program.
(iii) The scallops were harvested by a vessel that has been issued
and carries on board an IFQ scallop permit issued pursuant to Sec.
648.4(a)(2)(ii)(A), is fishing outside of the NGOM scallop management
area, and is properly declared into the general category scallop
fishery.
(iv) The scallops were harvested by a vessel that has been issued
and carries on board a scallop permit and the vessel is fishing in
accordance with the provisions of the state waters exemption program
specified in Sec. 648.54.
(v) The scallops were harvested by a vessel that has been issued
and carries on board an NGOM scallop permit allowing up to 200 lb (90.7
kg) of shucked or 25 bu (8.8 hL) of in-shell scallops; is carrying an
at-sea observer; and is authorized by the Regional Administrator to
have, and the vessel does not exceed, an increased possession limit to
compensate for the cost of carrying the observer.
(3) In excess of 400 lb (181.4 kg) of shucked scallops at any time,
50 bu (17.6 hL) of in-shell scallops shoreward of the VMS Demarcation
Line, or 100 bu (35.2 hL) in-shell scallops seaward of the VMS
Demarcation Line, unless:
(i) The scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(ii) The scallops were harvested by a vessel that has been issued
and carries on board a limited access scallop permit issued pursuant to
Sec. 648.4(a)(2)(i) and is properly declared into the scallop DAS or
Area Access program.
(iii) The scallops were harvested by a vessel that has been issued
and carries on board a scallop permit and the vessel is fishing in
accordance with the provisions of the state waters exemption program
specified in Sec. 648.54.
(iv) The scallops were harvested by a vessel that has been issued
and carries on board an IFQ scallop permit, is carrying an at-sea
observer, and is authorized by the Regional Administrator to have, and
the vessel does not exceed, an increased possession limit to compensate
for the cost of carrying the observer.
(iv) Transfer and purchase. (A) Land, offload, remove, or otherwise
transfer; or attempt to land, offload, remove or otherwise transfer;
scallops from one vessel to another, unless that vessel has not been
issued a scallop permit and fishes exclusively in state waters.
(B) Sell, barter, or trade, or otherwise transfer scallops from a
vessel; or attempt to sell, barter or trade, or otherwise transfer
scallops from a vessel; for a commercial purpose, unless the vessel has
been issued a valid scallop permit pursuant to Sec. 648.4(a)(2), or
the scallops were harvested by a vessel that has not been issued a
scallop permit and fishes for scallops exclusively in state waters.
(C) Purchase, possess, or receive for commercial purposes; or
attempt to purchase or receive for commercial purposes; scallops from a
vessel other than one issued a valid limited access or general scallop
permit, unless the scallops were harvested by a vessel that has not
been issued a scallop permit and fishes for scallops exclusively in
state waters.
(D) Sell or transfer to another person for a commercial purpose,
other than solely for transport on land, any scallops harvested from
the EEZ by a vessel issued a Federal scallop permit, unless the
transferee has a valid scallop dealer permit.
(v) Ownership cap. Have an ownership interest in more than 5
percent of the total number of vessels issued limited access scallop
permits and confirmations of permit history, except as provided in
Sec. 648.4(a)(2)(i)(M).
(vi) Closed area requirements. (A) Fish for scallops in, or possess
or land scallops from, the areas specified in Sec. Sec. 648.58 and
648.61.
(B) Transit or be in the areas described in Sec. Sec. 648.58 or
648.61 in possession of scallops, except when all fishing gear is
unavailable for immediate use as defined in Sec. 648.23(b), or unless
there is a compelling safety reason to be in such areas.
(vii) Scallop sectors. Fail to comply with any of the requirements
or restrictions for general category scallop sectors specified in Sec.
648.63.
(viii) Scallop research. Fail to comply with any of the provisions
specified in Sec. 648.56.
(ix) Presumption. For purposes of this section, the following
presumption applies: Scallops that are possessed or landed at or prior
to the time when the scallops are received by a dealer, or scallops
that are possessed by a dealer, are deemed to be harvested from the
EEZ, unless the preponderance of evidence demonstrates that such
scallops were harvested by a vessel without a scallop permit and
fishing exclusively for scallops in state waters.
(2)Limited access scallop vessel permit holders. It is unlawful for
any person owning or operating a vessel issued a limited access scallop
permit under Sec. 648.4(a)(2) to do any of the following:
(i) Minimum shell height. Land, or possess at or after landing, in-
shell scallops smaller than the minimum shell height specified in Sec.
648.50(a).
(ii) Vessel, gear, and crew restrictions. (A) Possess more than 40
lb (18.1 kg) of shucked, or 5 bu (1.76 hL) of in-shell scallops, or
participate in the scallop DAS or Area Access programs, while in the
possession of trawl nets that have a maximum sweep exceeding 144 ft
(43.9 m), as measured by the total length of the footrope that is
directly attached to the webbing of the net, except as specified in
Sec. 648.51(a)(1), unless the vessel is fishing under the Northeast
multispecies or monkfish DAS program.
(B) While under or subject to the DAS allocation program, in
possession of more than 40 lb (18.1 kg) of shucked scallops or 5 bu
(1.76 hL) of in-shell scallops, or fishing for scallops in the EEZ:
(1) Fish with, or have available for immediate use, trawl nets of
mesh smaller than the minimum size specified in Sec. 648.51(a)(2).
(2) Fail to comply with any chafing gear or other gear obstruction
restrictions specified in Sec. 648.51(a)(3).
(3) Fail to comply with the dredge vessel gear restrictions
specified in Sec. 648.51(b).
(4) Fish under the small dredge program specified in Sec.
648.51(e), with, or while in possession of, a dredge that exceeds 10.5
ft (3.2 m) in overall width, as measured at the widest point in the
bail of the dredge.
(5) Fish under the small dredge program specified in Sec.
648.51(e) with more than five persons on board the vessel, including
the operator, unless otherwise authorized by the Regional Administrator
or unless participating in the Area Access Program pursuant to the
requirements specified in Sec. 648.60.
(6) Participate in the DAS allocation program with more persons on
board the vessel than the number specified in Sec. 648.51(c),
including the operator, when the vessel is not docked or moored in
port, unless otherwise authorized by the Regional Administrator, or
unless participating in the Area Access Program pursuant to the
requirements specified in Sec. 648.60.
(7) Have a shucking or sorting machine on board a vessel that
shucks scallops at sea while fishing under the DAS allocation program,
unless otherwise authorized by the Regional Administrator.
(8) Fish with, possess on board, or land scallops while in
possession of
[[Page 2491]]
trawl nets, when fishing for scallops under the DAS allocation program,
unless exempted as provided for in Sec. 648.51(f).
(9) Fail to comply with the restriction on twine top described in
Sec. 648.51(b)(4)(iv).
(iii) Possession and landing. (A) Land scallops after using up the
vessel's annual DAS allocation or land scallops on more than one trip
per calendar day when not participating under the DAS allocation
program pursuant to Sec. 648.10, unless exempted from DAS allocations
as provided in the state waters exemption, specified in Sec. 648.54.
(B) Fish for, possess, or land more than 50 bu (17.62 hL) of in-
shell scallops once inside the VMS Demarcation Line on or by a vessel
that, at any time during the trip, fished in or transited any area
south of 42[deg]20' N. lat; or fished in any Sea Scallop Area Access
Program specified in Sec. 648.60, except as provided in the state
waters exemption, as specified in Sec. 648.54.
(C) Fish for or land per trip, or possess at any time, scallops in
the NGOM scallop management area after notification in the Federal
Register that the NGOM scallop management area TAC has been harvested,
as specified in Sec. 648.62, unless the vessel possesses or lands
scallops that were harvested south of 42[deg]20' N. lat. and the vessel
only transits the NGOM scallop management area with the vessel's
fishing gear properly stowed and unavailable for immediate use in
accordance with Sec. 648.23.
(iv) DAS. (A) Fish for, possess, or land scallops after using up
the vessel's annual DAS allocation and Access Area trip allocations, or
when not properly declared into the DAS or an Area Access program
pursuant to Sec. 648.10, unless the vessel has been issued an LAGC
scallop permit pursuant to Sec. 648.4(a)(2)(ii) and has properly
declared into a general category scallop fishery, unless exempted from
DAS allocations as provided in state waters exemption, specified in
Sec. 648.54.
(B) Combine, transfer, or consolidate DAS allocations, except as
allowed for one-for-one Access Area trip exchanges as specified in
Sec. 648.60(a)(3)(ii).
(C) Fail to comply with any requirement for declaring in or out of
the DAS allocation program or other notification requirements specified
in Sec. 648.10.
(v) VMS requirements. (A) Fail to have an approved, operational,
and functioning VMS unit that meets the specifications of Sec. 648.9
on board the vessel at all times, unless the vessel is not subject to
the VMS requirements specified in Sec. 648.10.
(B) If the vessel is not subject to VMS requirements specified in
Sec. 648.10(b), fail to comply with the requirements of the call-in
system specified in Sec. 648.10(c).
(vi) Scallop access area program. (A) Fail to comply with any of
the provisions and specifications of Sec. 648.60.
(B) Declare, initiate a trip into, or fish in the areas specified
in Sec. 648.59(b) through (d) after the effective date of the notice
in the Federal Register stating that the yellowtail flounder TAC has
been harvested as specified in Sec. 648.85(c).
(C) Possess or retain yellowtail flounder in or from the areas
specified in Sec. 648.59(b) through (d) after the effective date of
the notice in the Federal Register stating that the yellowtail flounder
TAC has been harvested as specified in Sec. 648.85(c).
(D) Possess more than 50 bu (17.6 hL) of in-shell scallops outside
the boundaries of a Sea Scallop Access Area by a vessel that is
declared into the Area Access Program as specified in Sec. 648.60.
(E) Fish for, possess, or land scallops in or from any Sea Scallop
Access Area without an observer on board, unless the vessel owner,
operator, or manager has received a waiver to carry an observer for the
specified trip and area fished.
(vii) State waters exemption program. Fail to comply with any
requirement for participating in the State Waters Exemption Program
specified in Sec. 648.54.
(3) LAGC scallop vessels. It is unlawful for any person owning or
operating a vessel issued an LAGC scallop permit to do any of the
following:
(i) Permit requirements. (A) Fail to comply with the LAGC scallop
permit restrictions as specified in Sec. 648.4(a)(2)(ii)(G) through
(O).
(B) Fish for, possess, or land scallops on a vessel that is
declared out of scallop fishing unless the vessel has been issued an
Incidental scallop permit.
(ii) Gear requirements. (A) Possess or use trawl gear that does not
comply with any of the provisions or specifications in Sec. 648.51(a),
unless the vessel is fishing under the Northeast multispecies or
monkfish DAS program.
(B) Possess or use dredge gear that does not comply with any of the
provisions or specifications in Sec. 648.51(b).
(iii) Possession and landing. (A) Land scallops more than once per
calendar day.
(B) Possess in-shell scallops while in possession of the maximum
allowed amount of shucked scallops specified for each LAGC scallop
permit category in Sec. 648.52.
(C) Declare into, or leave port for, the NGOM scallop management
area after the effective date of a notification published in the
Federal Register stating that the general category scallop TAC has been
harvested as specified in Sec. 648.52 or Sec. 648.62.
(D) Fish for, possess, or land scallops in or from the NGOM scallop
management area after the effective date of a notification published in
the Federal Register that the NGOM scallop management area TAC has been
harvested, as specified in Sec. 648.62, unless the vessel possesses or
lands scallops that were harvested south of 42[deg]20' N. lat., the
vessel is transiting the NGOM scallop management area, and the vessel's
fishing gear is properly stowed and unavailable for immediate use in
accordance with Sec. 648.23.
(E) Fish for, land, or possess more than 40 lb (18.1 kg) of
shucked, or 5 bu (1.76 hL) of in-shell scallops at any time after 10
days from being notified that his or her appeal for an LAGC scallop
permit has been denied and that the denial is the final decision of the
Department of Commerce, unless the vessel holds a valid Incidental
scallop permit.
(iv) VMS requirements. (A) Fail to comply with any of the VMS
requirements specified in Sec. Sec. 648.10, 648.60, or 648.62.
(B) Fail to comply with any requirement for declaring in or out of
the general category scallop fishery or other notification requirements
specified in Sec. 648.10(b).
(v) Observer program. (A) Refuse, or fail, to carry an observer
after being requested to carry onboard a vessel an observer by the
Regional Administrator or the Regional Administrator's designee.
(B) Fail to provide information, notification, accommodations,
access, or reasonable assistance to a NMFS-approved observer conducting
his or her duties aboard a vessel, as specified in Sec. 648.11.
(vi) Scallop access area program. (A) Fail to comply with any of
the requirements specified in Sec. 648.60.
(B) Declare into or leave port for an area specified in Sec.
648.59(b) through (d) after the effective date of a notification
published in the Federal Register stating that the general category
scallop TAC has been harvested or that the number of General Category
trips have been taken, as specified in Sec. 648.60.
(C) Declare into, or leave port for, an area specified in Sec.
648.59(b) through (d) after the effective date of a notification
[[Page 2492]]
published in the Federal Register stating that the yellowtail flounder
TAC has been harvested as specified in Sec. 648.85(c).
(D) Fish for, possess, or land scallops in or from any Sea Scallop
Access Area without an observer on board, unless the vessel owner,
operator, or manager has received a waiver to carry an observer for the
specified trip and area fished.
(vii) Sectors. Fail to comply with any of the requirements and
restrictions for General Category sectors and harvesting cooperatives
specified in Sec. 648.63.
(4) IFQ scallop permit. It is unlawful for any person owning or
operating a vessel issued an IFQ scallop permit to do any of the
following:
(i) Possession and landing. (A) Fish for or land per trip, or
possess at any time, in excess of 400 lb (181.4 kg) of shucked, or 50
bu (17.6 hL) of in-shell scallops shoreward of the VMS Demarcation
Line, unless the vessel is participating in the Area Access Program
specified in Sec. 648.60; is carrying an observer as specified in
Sec. 648.11; and, an increase in the possession limit is authorized by
the Regional Administrator and not exceeded by the vessel, as specified
in Sec. 648.60(d)(2).
(B) Fish for or land per trip, or possess at any time, in excess of
200 lb (90.7 kg) of shucked or 25 bu (8.8 hL) of in-shell scallops in
the NGOM scallop management area, unless the vessel is seaward of the
VMS Demarcation Line and in possession of no more than 50 bu (17.6 hL)
in-shell scallops, or when the vessel is not declared into the NGOM
scallop management area and is transiting the NGOM scallop management
area with gear properly stowed and unavailable for immediate use in
accordance with Sec. 648.23.
(C) Possess more than 100 bu (35.2 hL) of in-shell scallops seaward
of the VMS Demarcation Line and not participating in the Access Area
Program, or possess or land per trip more than 50 bu (17.6 hL) of in-
shell scallops shoreward of the VMS Demarcation Line, unless exempted
from DAS allocations as provided in Sec. 648.54.
(D) Possess more than 50 bu (17.6 hL) of in-shell scallops, as
specified in Sec. 648.52(d), outside the boundaries of a Sea Scallop
Access Area by a vessel that is declared into the Area Access Program
as specified in Sec. 648.60.
(E) Fish for, possess, or land scallops after the effective date of
a notification in the Federal Register that the quarterly TAC specified
in Sec. 648.53(a)(8) has been harvested.
(F) Fish for, possess, or land scallops in excess of a vessel's
IFQ.
(G) Fish for, possess, or land more than 40 lb (18.1 kg) of shucked
scallops, or 5 bu (1.76 hL) of in-shell scallops shoreward of the VMS
Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops seaward of
the VMS Demarcation Line, when the vessel is not declared into the IFQ
scallop fishery, unless the vessel is fishing in compliance with all of
the requirements of the state waters exemption program, specified at
Sec. 648.54.
(H) Land scallops more than once per calendar day.
(ii) Owner and allocation cap. (A) Have an ownership interest in
vessels that collectively are allocated more than 5 percent of the
total IFQ scallop TAC as specified at Sec. 648.53(a)(5)(ii) and (iii).
(B) Have an IFQ allocation on an IFQ scallop vessel of more than 2
percent of the total IFQ scallop TAC as specified in Sec.
648.53(a)(5).
(iii) IFQ Transfer Program. (A) Apply for an IFQ transfer that will
result in the transferee having an aggregate ownership interest in more
than 5 percent of the total IFQ scallop TAC.
(B) Apply for an IFQ transfer that will result in the receiving
vessel having an IFQ allocation in excess of 2 percent of the total IFQ
scallop TAC.
(C) Fish for, possess, or land transferred IFQ prior to approval of
the transfer by the Regional Administrator as specified in Sec.
648.53(h)(5).
(D) Request to transfer IFQ that has already been temporarily
transferred from an IFQ scallop vessel in the same fishing year.
(E) Transfer scallop IFQ to a vessel after the transferring vessel
has landed scallops in the same fishing year.
(F) Transfer a portion of a vessel's scallop IFQ.
(G) Transfer scallop IFQ to, or receive scallop IFQ from, a vessel
that has not been issued a valid IFQ scallop permit.
(iv) Cost Recovery Program. Fail to comply with any of the cost
recovery requirements specified under Sec. 648.53(g)(4).
(5) NGOM scallop permit. It is unlawful for any person owning or
operating a vessel issued an NGOM scallop permit to do any of the
following:
(i) Declare into or leave port for a scallop trip, or fish for or
possess scallops outside of the NGOM Scallop Management Area as defined
in Sec. 648.62.
(ii) Fish for or land per trip, or possess at any time, in excess
of 200 lb (90.7 kg) of shucked or 25 bu (8.81 hL) of in-shell scallops
in or from the NGOM scallop management area, or seaward of the VMS
Demarcation Line more than 50 bu (17.6 hL) of in-shell scallops.
(iii) Fish for, possess, or land scallops after the effective date
of notification in the Federal Register that the NGOM scallop
management area TAC has been harvested.
(6) Incidental scallop permit. It is unlawful for any person owning
or operating a vessel issued an Incidental scallop permit to fish for,
possess, or retain, more than 40 lb (18.1 kg) of shucked scallops, or 5
bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation
Line, or 10 bu (3.52 hL) of in-shell scallops while seaward of the VMS
Demarcation Line.
(j) Atlantic surfclam and ocean quahog. It is unlawful for any
person to do any of the following:
(1) Possession and landing. (i) Fish for surfclams or ocean quahogs
in any area closed to surfclam or ocean quahog fishing.
(ii) Shuck surfclams or ocean quahogs harvested in or from the EEZ
at sea, unless permitted by the Regional Administrator under the terms
of Sec. 648.74.
(iii) Fish for, retain, or land both surfclams and ocean quahogs in
or from the EEZ on the same trip.
(iv) Fish for, retain, or land ocean quahogs in or from the EEZ on
a trip designated as a surfclam fishing trip under Sec. 648.15(b); or
fish for, retain, or land surfclams in or from the EEZ on a trip
designated as an ocean quahog fishing trip under Sec. 648.15(b).
(v) Fail to offload any surfclams or ocean quahogs harvested in the
EEZ from a trip discontinued pursuant to Sec. 648.15(b) prior to
commencing fishing operations in waters under the jurisdiction of any
state.
(vi) Land or possess any surfclams or ocean quahogs harvested in or
from the EEZ without having been issued, or in excess of, an individual
allocation.
(2) Transfer and purchase. (i) Receive for a commercial purpose
other than solely for transport on land, surfclams or ocean quahogs
harvested in or from the EEZ, whether or not they are landed under an
allocation under Sec. 648.70, unless issued a dealer/processor permit
under this part.
(ii) Transfer any surfclams or ocean quahogs harvested in or from
the EEZ to any person for a commercial purpose, other than solely for
transport on land, without a surfclam or ocean quahog processor or
dealer permit.
(iii) Offload unshucked surfclams or ocean quahogs harvested in or
from the EEZ outside the Maine mahogany quahog zone from vessels not
capable of carrying cages, other than directly into cages.
[[Page 2493]]
(3) Gear and tags requirements. (i) Alter, erase, mutilate,
duplicate or cause to be duplicated, or steal any cage tag issued under
this part.
(ii) Produce, or cause to be produced, cage tags required under
this part without written authorization from the Regional
Administrator.
(iii) Tag a cage with a tag that has been rendered null and void or
with a tag that has been previously used.
(iv) Tag a cage of surfclams with an ocean quahog cage tag, or tag
a cage of ocean quahogs with a surfclam cage tag.
(v) Possess an empty cage to which a cage tag required by Sec.
648.75 is affixed, or possess any cage that does not contain surfclams
or ocean quahogs and to which a cage tag required by Sec. 648.75 is
affixed.
(vi) Land or possess, after offloading, any cage holding surfclams
or ocean quahogs without a cage tag or tags required by Sec. 648.75,
unless the person can demonstrate the inapplicability of the
presumptions set forth in Sec. 648.75(h).
(vii) Sell null and void tags.
(4) VMS requirements. (i) Fail to maintain an operational VMS unit
as specified in Sec. 648.9, and comply with any of the notification
requirements specified in Sec. 648.15(b) including:
(A) Fish for, land, take, possess, or transfer surfclams or ocean
quahogs under an open access surfclam or ocean quahog permit without
having provided proof to the Regional Administrator that the vessel has
a fully functioning VMS unit on board the vessel and declared a
surfclam, ocean quahog, or Maine mahogany quahog fishing activity code
via the VMS unit prior to leaving port as specified at Sec. 648.15(b).
(B) Fish for, land, take, possess, or transfer ocean quahogs under
a limited access Maine mahogany quahog permit without having provided
proof to the Regional Administrator of NMFS that the vessel has a fully
functioning VMS unit on board the vessel and declared a fishing trip
via the VMS unit as specified at Sec. 648.15(b).
(5) Maine mahogany quahog zone. (i) Land unshucked surfclams or
ocean quahogs harvested in or from the EEZ outside the Maine mahogany
quahog zone in containers other than cages from vessels capable of
carrying cages.
(ii) Land unshucked surfclams and ocean quahogs harvested in or
from the EEZ within the Maine mahogany quahog zone in containers other
than cages from vessels capable of carrying cages unless, with respect
to ocean quahogs, the vessel has been issued a Maine mahogany quahog
permit under this part and is not fishing for an individual allocation
of quahogs under Sec. 648.70.
(iii) Offload unshucked surfclams harvested in or from the EEZ
within the Maine mahogany quahog zone from vessels not capable of
carrying cages, other than directly into cages.
(iv) Offload unshucked ocean quahogs harvested in or from the EEZ
within the Maine mahogany quahog zone from vessels not capable of
carrying cages, other than directly into cages, unless the vessel has
been issued a Maine mahogany quahog permit under this part and is not
fishing for an individual allocation of quahogs under Sec. 648.70.
(v) Land or possess ocean quahogs harvested in or from the EEZ
within the Maine mahogany quahog zone after the effective date
published in the Federal Register notifying participants that Maine
mahogany quahog quota is no longer available for the respective fishing
year, unless the vessel is fishing for an individual allocation of
ocean quahogs under Sec. 648.70.
(7) Presumptions. For purposes of this part, the following
presumptions apply:
(i) Possession of surfclams or ocean quahogs on the deck of any
fishing vessel in closed areas, or the presence of any part of a
vessel's gear in the water in closed areas is prima facie evidence that
such vessel was fishing in violation of the provisions of the Magnuson-
Stevens Act and these regulations.
(ii) Surfclams or ocean quahogs landed from a trip for which
notification was provided under Sec. 648.15(b) or Sec. 648.70(b) are
deemed to have been harvested in the EEZ and count against the
individual's annual allocation, unless the vessel has a valid Maine
mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and is
not fishing for an individual allocation under Sec. 648.70.
(iii) Surfclams or ocean quahogs found in cages without a valid
state tag are deemed to have been harvested in the EEZ and are deemed
to be part of an individual's allocation, unless the vessel has a valid
Maine mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i)
and is not fishing for an individual allocation under Sec. 648.70; or,
unless the preponderance of available evidence demonstrates that he/she
has surrendered his/her surfclam and ocean quahog permit issued under
Sec. 648.4 and he/she conducted fishing operations exclusively within
waters under the jurisdiction of any state. Surfclams and ocean quahogs
in cages with a Federal tag or tags, issued and still valid pursuant to
this part, affixed thereto are deemed to have been harvested by the
individual allocation holder to whom the tags were issued or
transferred under Sec. 648.70 or Sec. 648.75(b).
(k) NE multispecies--(1) Permit requirements for all persons. It is
unlawful for any person, including any owner or operator of a vessel
issued a valid Federal NE multispecies permit or letter under Sec.
648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any
of the following:
(i) Fish for, possess, or land NE multispecies, unless:
(A) The NE multispecies are being fished for or were harvested in
or from the EEZ by a vessel holding a valid Federal NE multispecies
permit under this part, or a letter under Sec. 648.4(a)(1), and the
operator on board such vessel has a valid operator's permit and has it
on board the vessel.
(B) The NE multispecies were harvested by a vessel not issued a
Federal NE multispecies permit, nor eligible to renew or be reissued a
limited access NE multispecies permit as specified in Sec. 648.4
(b)(2), that fishes for NE multispecies exclusively in state waters.
(C) The NE multispecies were harvested in or from the EEZ by a
recreational fishing vessel.
(D) Any haddock and up to 100 lb of other regulated NE multispecies
were harvested by a vessel that has an All Areas limited access herring
permit and/or an Areas 2 and 3 limited access herring permit on a trip
that did not use a NE multispecies DAS, is subject to the requirements
specified in Sec. 648.80(d) and (e), and may not sell the fish for
human consumption.
(E) Otherwise specified in Sec. 648.17.
(ii) Land, offload, remove, or otherwise transfer; or attempt to
land, offload, remove or otherwise transfer; NE multispecies from one
vessel to another vessel, unless both vessels have not been issued
Federal NE multispecies permits and both fish exclusively in state
waters, unless authorized in writing by the Regional Administrator, or
otherwise allowed.
(iii) Sell, barter, trade, or otherwise transfer; or attempt to
sell, barter, trade, or otherwise transfer; for a commercial purpose
any NE multispecies from a trip, unless:
(A) The vessel is holding a Federal NE multispecies permit, or a
letter under Sec. 648.4(a)(1), and is not fishing under the charter/
party vessel restrictions specified in Sec. 648.89.
(B) The NE multispecies were harvested by a vessel without a
Federal NE multispecies permit that fishes for NE multispecies
exclusively in state waters.
(C) Or as otherwise specified in Sec. 648.17.
[[Page 2494]]
(iv) Operate or act as an operator of a vessel fishing for or
possessing NE multispecies in or from the EEZ, or holding a Federal NE
multispecies vessel permit without having been issued and possessing a
valid operator's permit.
(2) Permit requirements for vessel and operator permit holders. It
is unlawful for any owner or operator of a vessel issued a valid
Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i),
unless otherwise specified in Sec. 648.17, to do any of the following:
(i) Fish for, possess, or land NE multispecies with or from a
vessel that has had the length, GRT, or NT of such vessel, or its
replacement, increased or upgraded in excess of limitations specified
in Sec. 648.4(a)(1)(i)(E) and (F).
(ii) Fish for, possess, or land NE multispecies with or from a
vessel that has had the horsepower of such vessel or its replacement
upgraded or increased in excess of the limitations specified in Sec.
648.4(a)(1)(i)(E) and (F).
(3) Dealer requirements. (i) Purchase, possess, or receive as a
dealer, or in the capacity of a dealer, regulated species in excess of
the possession limits specified in Sec. 648.85 or Sec. 648.86
applicable to a vessel issued a NE multispecies permit, unless
otherwise specified in Sec. 648.17, or unless the regulated species
are purchased or received from a member of an approved Sector, as
specified at Sec. 648.87, that is exempt from such possession limits
in accordance with an approved Sector Operations Plan.
(ii) Sell or transfer to another person for a commercial purpose,
other than solely for transport on land, any NE multispecies harvested
from the EEZ by a vessel issued a Federal NE multispecies permit,
unless the transferee has a valid NE multispecies dealer permit.
(4) NAFO. It is unlawful for any owner or operator of a vessel
issued a valid NE multispecies permit or letter under Sec.
648.4(a)(1)(i), to fail to comply with the exemption specifications in
Sec. 648.17.
(5) Regulated Mesh Areas. It is unlawful for any person, including
any owner or operator of a vessel issued a valid Federal NE
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless
otherwise specified in Sec. 648.17, to do any of the following:
(i) Violate any of the provisions of Sec. 648.80, including
paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption
Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area;
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket
Shoals Dogfish Fishery Exemption Area; (a)(11), the GOM Scallop Dredge
Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea Urchin
Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet Exemption
Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; (a)(15), the
Raised Footrope Trawl Exempted Whiting Fishery; (a)(16) the GOM Grate
Raised Footrope Trawl Exempted Whiting Fishery; (a)(18), the Great
South Channel Scallop Dredge Exemption Area; (b)(3), exemptions (small
mesh); (b)(5), the SNE Monkfish and Skate Trawl Exemption Area; (b)(6),
the SNE Monkfish and Skate Gillnet Exemption Area; (b)(8), the SNE
Mussel and Sea Urchin Dredge Exemption Area; (b)(9), the SNE Little
Tunny Gillnet Exemption Area; and (b)(11), the SNE Scallop Dredge
Exemption Area. Each violation of any provision in Sec. 648.80
constitutes a separate violation.
(ii) Enter or fish in the Gulf of Maine, Georges Bank, or Southern
New England Regulated Mesh Areas, except as provided in Sec.
648.80(a)(3)(vi) and (b)(2)(vi), and, for purposes of transiting, all
gear (other than exempted gear) must be stowed in accordance with Sec.
648.23(b).
(iii) Gulf of Maine and Georges Bank Regulated Mesh Areas. (A) Fish
with, use, or have on board, within the areas described in Sec.
648.80(a)(1) and (2), nets with mesh size smaller than the minimum mesh
size specified in Sec. 648.80(a)(3) and (4); except as provided in
Sec. 648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), (a)(16), (d),
(e), and (i); unless the vessel has not been issued a NE multispecies
permit and fishes for NE multispecies exclusively in state waters, or
unless otherwise specified in Sec. 648.17.
(B) Fish within the areas described in Sec. 648.80(a)(6) with net
mesh smaller than the minimum size specified in Sec. 648.80(a)(3) or
(4).
(iv) Southern New England Regulated Mesh Area. Fish with, use, or
have available for immediate use within the area described in Sec.
648.80(b)(1), net mesh smaller than the minimum size specified in Sec.
648.80(b)(2), except as provided in Sec. 648.80(b)(3), (b)(9), (d),
(e), and (i), or unless the vessel has not been issued a Federal NE
multispecies permit and fishes for multispecies exclusively in state
waters, or unless otherwise specified in Sec. 648.17.
(v) Mid-Atlantic Regulated Mesh Area. Fish with, use, or have
available for immediate use within the area described in Sec.
648.80(c)(1), nets of mesh size smaller that the minimum mesh size
specified in Sec. 648.80(c)(2); except as provided in Sec.
648.80(c)(3), (d), (e), and (i); or unless the vessel has not been
issued a Federal NE multispecies permit and fishes for NE multispecies
exclusively in state waters, or unless otherwise specified in Sec.
648.17.
(vi) Mid-water trawl exempted fishery. (A) Fish for, land, or
possess NE multispecies harvested by means of pair trawling or with
pair trawl gear, except under the provisions of Sec. 648.80(d), or
unless the vessels that engaged in pair trawling have not been issued
multispecies permits and fish for NE multispecies exclusively in state
waters.
(B) Fish for the species specified in Sec. 648.80(d) or (e) with a
net mesh smaller than the applicable mesh size specified in Sec.
648.80(a)(3) or (4), (b)(2), or (c)(2), or possess or land such
species, unless the vessel is in compliance with the requirements
specified in Sec. 648.80(d) or (e), or unless the vessel has not been
issued a Federal NE multispecies permit and fishes for NE multispecies
exclusively in state waters, or unless otherwise specified in Sec.
648.17.
(vii) Scallop vessels. (A) Violate any of the possession or landing
restrictions on fishing with scallop dredge gear specified in
Sec. Sec. 648.80(h) and 648.94.
(B) Possess, land, or fish for regulated species, except winter
flounder as provided for in accordance with Sec. 648.80(i) from or
within the areas described in Sec. 648.80(i), while in possession of
scallop dredge gear on a vessel not fishing under the scallop DAS
program as described in Sec. 648.53, or fishing under a general
scallop permit, unless the vessel and the dredge gear conform with the
stowage requirements of Sec. 648.23(b), or unless the vessel has not
been issued a Federal NE multispecies permit and fishes for NE
multispecies exclusively in state waters.
(viii) Northern shrimp and small mesh multispecies exempted
fisheries. (A) Fish for, harvest, possess, or land in or from the EEZ
northern shrimp, unless such shrimp were fished for or harvested by a
vessel meeting the requirements specified in Sec. 648.80(a)(5).
(B) Fish for, harvest, possess, or land in or from the EEZ, when
fishing with trawl gear, any of the exempted species specified in Sec.
648.80(a)(9)(i), unless such species were fished for or harvested by a
vessel meeting the requirements specified in Sec. 648.80(a)(5)(ii) or
(a)(9)(ii).
(ix) Winter flounder state exemption program. Violate any provision
of the state waters winter flounder exemption program as provided in
Sec. 648.80(i).
(6) Gear requirements--(i) For all persons. It is unlawful for any
person, including any owner or operator of a vessel issued a valid NE
multispecies permit or letter under Sec. 648.4(a)(1)(i),
[[Page 2495]]
unless otherwise specified in Sec. 648.17, to do any of the following:
(A) Obstruct or constrict a net as described in Sec. 648.80(g)(1)
or (2).
(B) Fish for, harvest, possess, or land any species of fish in or
from the GOM/GB Inshore Restricted Roller Gear Area described in Sec.
648.80(a)(3)(vii) with trawl gear where the diameter of any part of the
trawl footrope, including discs, rollers or rockhoppers, is greater
than 12 inches (30.5 cm).
(C) Fish for, land, or possess NE multispecies harvested with
brush-sweep trawl gear unless the vessel has not been issued a Federal
NE multispecies permit and fishes for NE multispecies exclusively in
state waters.
(D) Possess brush-sweep trawl gear while in possession of NE
multispecies, unless the vessel has not been issued a Federal NE
multispecies permit and fishes for NE multispecies exclusively in state
waters.
(E) Use, set, haul back, fish with, possess on board a vessel,
unless stowed in accordance with Sec. 648.23(b), or fail to remove,
sink gillnet gear and other gillnet gear capable of catching NE
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(f)(2)(ii)), in the areas and for the times
specified in Sec. 648.80(g)(6)(i) and (ii), except as provided in
Sec. 648.80(g)(6)(i) and (ii), and Sec. 648.81(f)(2)(ii), or unless
otherwise authorized in writing by the Regional Administrator.
(F) Fish for, land, or possess NE multispecies harvested with the
use of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm)
spacing between the fairlead rollers unless the vessel has not been
issued a Federal NE multispecies permit and fishes for NE multispecies
exclusively in state waters.
(G) Possess or use de-hookers (``crucifiers'') with less than 6-
inch (15.2-cm) spacing between the fairlead rollers while in possession
of NE multispecies, unless the vessel has not been issued a Federal NE
multispecies permit and fishes for NE multispecies exclusively in state
waters.
(ii) For vessel and operator permit holders. It is unlawful for any
owner or operator of a vessel issued a valid NE multispecies permit or
letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec.
648.17, to do any of the following:
(A) Gillnet gear. (1) If the vessel has been issued a limited
access NE multispecies permit and fishes under a NE multispecies DAS
with gillnet gear, fail to comply with gillnet tagging requirements
specified in Sec. Sec. 648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C),
(a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and (c)(2)(v)(B)(3), or fail to
produce immediately, or cause to be produced immediately, gillnet tags
when requested by an authorized officer.
(2) Produce, or cause to be produced, gillnet tags under Sec.
648.80(a)(3)(iv)(C), without the written confirmation from the Regional
Administrator described in Sec. 648.80(a)(3)(iv)(C).
(3) Tag a gillnet or use a gillnet tag that has been reported lost,
missing, destroyed, or that was issued to another vessel.
(4) Sell, transfer, or give away gillnet tags that have been
reported lost, missing, destroyed, or issued to another vessel.
(5) Enter, fail to remove sink gillnet gear or gillnet gear capable
of catching NE multispecies from, or be in the areas, and for the
times, described in Sec. 648.80(g)(6)(i) and (ii), except as provided
in Sec. Sec. 648.80(g)(6)(i) and 648.81(i).
(B) Hook gear. Fail to comply with the restrictions on fishing and
gear specified in Sec. 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and
(c)(2)(iv) if the vessel has been issued a limited access NE
multispecies permit and fishes with hook gear in areas specified in
Sec. 648.80(a), (b), or (c), unless allowed under Sec.
648.85(b)(7)(iv)(F).
(7) Closed areas and EFH--(i) All persons. It is unlawful for any
person, including any owner or operator of a vessel issued a valid
Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i),
unless otherwise specified in Sec. 648.17, to do any of the following:
(A) Enter, be on a fishing vessel in, or fail to remove gear from
the EEZ portion of the areas described in Sec. 648.81(d)(1) through
(g)(1), except as provided in Sec. 648.81(d)(2), (e)(2), (f)(2),
(g)(2), and (i).
(B) Fish for, harvest, possess, or land regulated species in or
from the closed areas specified in Sec. 648.81(a) through (f), unless
otherwise specified in Sec. 648.81(c)(2)(iii), (f)(2)(i), (f)(2)(iii),
or as authorized under Sec. 648.85.
(C) Restricted gear areas. (1) Fish, or be in the areas described
in Sec. 648.81(j)(1), (k)(1), (l)(1), and (m)(1) on a fishing vessel
with mobile gear during the time periods specified in Sec.
648.81(j)(2), (k)(2), (l)(2), and (m)(2), except as provided in Sec.
648.81(j)(2), (k)(2), (l)(2), and (m)(2).
(2) Fish, or be in the areas described in Sec. 648.81(j)(1),
(k)(1), and (l)(1) on a fishing vessel with lobster pot gear during the
time periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
(3) Deploy in or fail to remove lobster pot gear from the areas
described in Sec. 648.81(j)(1), (k)(1), and (l)(1), during the time
periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
(D) GB Seasonal Closure Area. Enter, fail to remove gear from, or
be in the areas described in Sec. 648.81(g)(1) through (i)(1) during
the time period specified, except as provided in Sec. 648.81(d),
(g)(2), (h)(2), and (i)(2).
(E) Closed Area I. Enter or be in the area described in Sec.
648.81(a)(1) on a fishing vessel, except as provided in Sec.
648.81(a)(2) and (i).
(F) Closed Area II. Enter or be in the area described in Sec.
648.81(b)(1) on a fishing vessel, except as provided in Sec.
648.81(b)(2) and (i).
(G) Nantucket Lightship Closure Area. Enter or be in the area
described in Sec. 648.81(c)(1) on a fishing vessel, except as allowed
under Sec. 648.81(c)(2) and (i).
(ii) Vessel and permit holders. It is unlawful for any owner or
operator of a vessel issued a valid NE multispecies permit or letter
under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17,
to do any of the following:
(A) EFH closure area restrictions. If fishing with bottom tending
mobile gear, fish in, enter, be on a fishing vessel in, the EFH closure
areas described in Sec. 648.81(h)(1)(i) through (vi).
(8) DAS restrictions for all persons. It is unlawful for any
person, including any owner or operator of a vessel issued a valid NE
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless
otherwise specified in Sec. 648.17, to do any of the following:
(i) For vessels issued a limited access NE multispecies permit, or
those issued a limited access NE multispecies permit and a limited
access monkfish permit (Category C, D, F, G, or H), but not fishing
under the limited access monkfish Category A or B provisions as allowed
under Sec. 648.92(b)(2), call into the DAS program prior to 1 hr
before leaving port.
(ii) Call in DAS in excess of those allocated, leased, or
permanently transferred, in accordance with the restrictions and
conditions of Sec. 648.82.
(9) DAS restrictions for vessel and operator permit holders. It is
unlawful for any owner or operator of a vessel issued a valid NE
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless
otherwise specified in Sec. 648.17, to do any of the following:
(i) Differential DAS Areas. If fishing under a NE multispecies
Category A DAS in either the GOM Differential DAS Area, or the SNE
Differential DAS Area defined under Sec. 648.82(e)(2)(i), fail to
declare into the area through VMS as required under Sec.
648.82(e)(2)(ii).
(ii) DAS Leasing Program. (A) Provide false information on an
application, required by Sec. 648.82(k)(4)(xi), to
[[Page 2496]]
downgrade the DAS Leasing Program baseline.
(B) Lease NE multispecies DAS or use leased DAS that have not been
approved for leasing by the Regional Administrator as specified in
Sec. 648.82(k).
(C) Provide false information on, or in connection with, an
application, required under Sec. 648.82(k)(3), to effectuate the
leasing of NE multispecies DAS.
(D) Act as lessor or lessee of a NE multispecies Category B DAS, or
Category C DAS.
(E) Act as lessor or lessee of NE multispecies DAS, if the lessor's
or the lessee's vessels do not comply with the size restrictions
specified in Sec. 648.82(k)(4)(ix).
(F) Sub-lease NE multispecies DAS.
(G) Lease more than the maximum number of DAS allowable under Sec.
648.82(k)(4)(iv).
(H) Lease NE multispecies DAS to a vessel that does not have a
valid limited access multispecies permit.
(I) Lease NE multispecies DAS associated with a Confirmation of
Permit History.
(J) Lease NE multispecies DAS if the number of unused allocated DAS
is less than the number of DAS requested to be leased.
(K) Lease NE multispecies DAS in excess of the duration specified
in Sec. 648.82(k)(4)(viii).
(L) Combine, transfer, or consolidate DAS allocations, except as
provided for under the DAS Leasing Program or the DAS Transfer Program,
as specified under Sec. 648.82(k) and (l), respectively.
(iii) DAS Transfer Program. (A) Transfer NE multispecies DAS, or
use transferred DAS, that have not been approved for transfer by the
Regional Administrator, as specified in Sec. 648.82(l).
(B) Provide false information on, or in connection with, an
application, required by Sec. 648.82(l)(2), for a NE multispecies DAS
transfer.
(C) Permanently transfer only a portion of a vessel's total
allocation of DAS.
(D) Permanently transfer NE multispecies DAS between vessels, if
such vessels do not comply with the size restrictions specified in
Sec. 648.82(l)(1)(ii).
(iv) Gillnet fishery. (A) Fail to declare, and be, out of the non-
exempt gillnet fishery as required by Sec. 648.82(j)(1)(ii), using the
procedure specified in Sec. 648.82(h).
(B) If a vessel has been issued a limited access NE multispecies
permit and fishes under a NE multispecies DAS, fail to comply with the
gillnet requirements and restrictions specified in Sec. 648.82(j).
(C) If a vessel has been issued a limited access Day gillnet
category designation, fail to comply with the restrictions and
requirements specified in Sec. 648.82(j)(1).
(D) If a vessel has been issued a limited access Trip gillnet
category designation, fail to comply with the restrictions and
requirements specified in Sec. 648.82(j)(2).
(v) Spawning blocks. Fail to declare, and be, out of the NE
multispecies DAS program as required by Sec. 648.82(g), using the
procedure described under Sec. 648.82(h), as applicable.
(vi) DAS notification. (A) For purposes of DAS notification, if
required, or electing, to have a VMS unit under Sec. 648.10:
(1) Fail to have a certified, operational, and functioning VMS unit
that meets the specifications of Sec. 648.9 on board the vessel at all
times.
(2) Fail to comply with the notification, replacement, or any other
requirements regarding VMS usage specified in Sec. 648.10(b).
(B) Fail to comply with any provision of the DAS notification
program specified in Sec. 648.10.
(vii) Charter/party vessels. Participate in the DAS program
pursuant to Sec. 648.82 when carrying passengers for hire on board a
vessel during any portion of a fishing trip.
(10) Gear marking requirement for all persons. It is unlawful for
any person, including any owner or operator of a vessel issued a valid
NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless
otherwise specified in Sec. 648.17, to fail to comply with the gear-
marking requirements of Sec. 648.84.
(11) U.S./Canada Resource Management Area--(i) Possession and
landing restrictions of the U.S./Canada Area--(A) All Persons. (1) Fish
for, harvest, possess or land any regulated NE multispecies from the
areas specified in Sec. 648.85(a)(1), unless in compliance with the
restrictions and conditions specified in Sec. 648.85(a)(3).
(2) If fishing under a NE multispecies DAS in the Western U.S./
Canada Area or Eastern U.S./Canada Area specified in Sec.
648.85(a)(1), exceed the trip limits specified in Sec.
648.85(a)(3)(iv), unless further restricted under Sec. 648.85(b).
(3) If fishing inside the Eastern U.S./Canada Area and in
possession of fish in excess of what is allowed under more restrictive
regulations that apply outside of the Eastern U.S./Canada Area, fish
outside of the Eastern U.S./Canada Area on the same trip, as prohibited
under Sec. 648.85(a)(3)(ii)(A).
(4) If fishing both outside and inside of the areas specified for a
SAP under Sec. 648.85(b)(3) and (8), under a NE multispecies DAS in
the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), fail to
abide by the DAS and possession restrictions under Sec.
648.85(b)(8)(v)(A)(2) through (4).
(B) Vessel and operator permit holders. Fail to comply with the GB
yellowtail flounder trip limit specified under Sec.
648.85(a)(3)(iv)(C).
(ii) Gear requirements for all persons. If fishing with trawl gear
under a NE multispecies DAS in the Eastern U.S./Canada Area defined in
Sec. 648.85(a)(1)(ii), fail to fish with a haddock separator trawl or
a flounder trawl net, as specified in Sec. 648.85(a)(3)(iii); unless
using other gear authorized under Sec. 648.85(b)(6) or (8).
(iii) Notification and VMS requirements for all persons. (A) Enter
or fish in the Western U.S./Canada Area or Eastern U.S./Canada Area
specified in Sec. 648.85(a)(1), unless declared into the area in
accordance with Sec. 648.85(a)(3)(ii).
(B) If declared into one of the areas specified in Sec.
648.85(a)(1), fish during that same trip outside of the declared area,
unless in compliance with the applicable restrictions specified under
Sec. 648.85(a)(3)(ii)(A) or (B).
(C) If the vessel has been issued a limited access NE multispecies
DAS permit, and is in the area specified in Sec. 648.85(a), fail to
comply with the VMS requirements in Sec. 648.85(a)(3)(i).
(D) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Area specified in Sec. 648.85(a)(1)(ii), but not in a SAP
specified in Sec. 648.85(b) on the same trip, fail to comply with the
requirements specified in Sec. 648.85(a)(3).
(E) Fail to notify NMFS via VMS prior to departing the Eastern
U.S./Canada Area, when fishing inside and outside of the area on the
same trip, in accordance with Sec. 648.85(a)(3)(ii)(A)(1).
(F) When fishing inside and outside of the Eastern U.S./Canada Area
on the same trip, fail to abide by the most restrictive requirements
that apply to any area fished, including the DAS counting, trip limits,
and reporting requirements that apply, as described in Sec.
648.85(a)(3)(ii)(A).
(iv) Reporting requirements for all persons. (A) If fishing under a
NE multispecies DAS in the Western U.S./Canada Area or Eastern U.S./
Canada Area specified in Sec. 648.85(a)(1), fail to report landings in
accordance with Sec. 648.85(a)(3)(v).
(B) Fail to comply with the reporting requirements under Sec.
648.85(a)(3)(ii)(A)(2) when fishing
[[Page 2497]]
inside and outside of the Eastern U.S./Canada Area on one trip.
(v) DAS--(A) All Persons. If fishing under a NE multispecies DAS in
the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)(ii), and
in one of the SAPs specified in Sec. 648.85(b)(3) or (8) on the same
trip, fail to comply with the no discard and DAS flip provisions
specified in Sec. 648.85(b)(8)(v)(I) or the minimum Category A DAS
requirement specified in Sec. 648.85(b)(8)(v)(J).
(B) Vessel and operator permit holders. (1) If fishing under a NE
multispecies Category A DAS in one of the Differential DAS Areas
defined in Sec. 648.82(e)(2)(i), and under the restrictions of one or
more of the SAPs under Sec. 648.85, fail to comply with the most
restrictive regulations.
(2) For vessels fishing inside and outside the Eastern U.S./Canada
Area on the same trip, fail to comply with the most restrictive
regulations that apply on the trip as required by Sec.
648.85(a)(3)(ii)(A).
(vi) Closure of the U.S./Canada Area for all persons. If fishing
under a NE multispecies DAS, declare into, enter, or fish in the
Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), if the area
is closed under the authority of the Regional Administrator as
described in Sec. 648.85(a)(3)(iv)(D) or (E), unless fishing in the
Closed Area II Yellowtail Flounder SAP specified in Sec. 648.85(b)(3)
or the Eastern U.S./Canada Haddock SAP Pilot Program specified in Sec.
648.85(b)(8).
(12) SAP restrictions--(i) General restrictions for all persons.
(A) If declared into the areas specified in Sec. 648.85(b), enter or
exit the declared areas more than once per trip.
(B) If a vessel is fishing under a Category B DAS in the Closed
Area II Yellowtail Flounder SAP specified in Sec. 648.85(b)(3), the
Regular B DAS Program specified in Sec. 648.85(b)(6), or the Eastern
U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), remove any
fish caught with any gear, including dumping the contents of a net,
except on board the vessel.
(ii) General restrictions for vessel and operator permit holders.
Discard legal-sized NE regulated multispecies, ocean pout, or Atlantic
halibut while fishing under a SAP, as described in Sec. Sec.
648.85(b)(3)(xi), 648.85(b)(7)(iv)(H), or 648.85(b)(8)(v)(I).
(iii) Closed Area II Yellowtail Flounder SAP restrictions for all
persons. (A) If fishing under the Closed Area II Yellowtail Flounder
SAP, fish for, harvest, possess, or land any regulated NE multispecies
from the area specified in Sec. 648.85(b)(3)(ii), unless in compliance
with Sec. 648.85(b)(3)(i) through (xi).
(B) Enter or fish in Closed Area II as specified in Sec.
648.81(b), unless declared into the area in accordance with Sec.
648.85(b)(3)(v).
(C) Enter or fish in Closed Area II under the Closed Area II
Yellowtail Flounder SAP outside of the season specified in Sec.
648.85(b)(3)(iii).
(D) If fishing in the Closed Area II Yellowtail Flounder SAP
specified in Sec. 648.85(b)(3), exceed the number of trips specified
under Sec. 648.85(b)(3)(vi) or (vii).
(E) If fishing in the Closed Area II Yellowtail Flounder SAP
specified in Sec. 648.85(b)(3), exceed the trip limits specified in
Sec. 648.85(b)(3)(viii).
(iv) Southern New England/Mid-Atlantic Winter Flounder SAP
restrictions for all persons. If fishing under the SNE/MA Winter
Flounder SAP described in Sec. 648.85(b)(4), fail to comply with Sec.
648.85(b)(4)(i) through (iv).
(v) Regular B DAS Program restrictions for vessel and operator
permit holders. (A) If fishing in the Regular B DAS Program specified
in Sec. 648.85(b)(6), fail to comply with Sec. Sec.
648.85(b)(6)(iv)(A) through (F), (I), and (J).
(B) If fishing in the Regular B DAS Program specified in Sec.
648.85(b)(6), fail to use a haddock separator trawl as described in
Sec. 648.85(a)(3)(iii)(A), or other approved gear as described in
Sec. 648.85(b)(6)(iv)(J).
(C) If possessing a Ruhle Trawl, either at sea or elsewhere, as
allowed under Sec. 648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to
comply with the net specifications under Sec. 648.85(b)(6)(iv)(J)(]).
(D) Discard legal-sized NE regulated multispecies, ocean pout,
Atlantic halibut, or monkfish while fishing under a Regular B DAS in
the Regular B DAS Program, as described in Sec. 648.85(b)(6)(iv)(E).
(E) If fishing in the Regular B DAS Program specified in Sec.
648.85(b)(6), fail to comply with the landing limits specified in Sec.
648.85(b)(6)(iv)(D).
(F) If fishing under a Regular B DAS in the Regular B DAS Program,
fail to comply with the DAS flip requirements of Sec.
648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more
than the landing limit for a groundfish stock of concern specified in
Sec. 648.85(b)(6)(iv)(D), other groundfish specified under Sec.
648.86, or monkfish under Sec. 648.94.
(G) DAS usage restrictions. (1) If fishing in the Regular B DAS
Program, fail to comply with the restriction on DAS use specified in
Sec. 648.82(d)(2)(i)(A).
(2) If fishing in the Regular B DAS Program specified in Sec.
648.85(b)(6), fail to comply with the minimum Category A DAS and
Category B DAS accrual requirements specified in Sec.
648.85(b)(6)(iv)(F).
(3) Use a Regular B DAS in the Regular B DAS Program specified in
Sec. 648.85(b)(6), if the program has been closed as specified in
Sec. 648.85(b)(6)(iv)(G) or (H), or (b)(6)(vi).
(H) VMS requirements. (1) If fishing in the Regular B DAS Program
specified in Sec. 648.85(b)(6), fail to comply with the VMS
requirement specified in Sec. 648.85(b)(6)(iv)(A).
(2) If fishing in the Regular B DAS Program specified in Sec.
648.85(b)(6), fail to comply with the VMS declaration requirement
specified in Sec. 648.85(b)(6)(iv)(C).
(I) If fishing in the Regular B DAS Program specified in Sec.
648.85(b)(6), fail to comply with the observer notification requirement
specified in Sec. 648.85(b)(6)(iv)(B).
(J) If fishing in the Regular B DAS Program specified in Sec.
648.85(b)(6), fail to comply with the reporting requirements specified
in Sec. 648.85(b)(6)(iv)(I).
(vi) Closed Area I Hook Gear Haddock SAP restrictions for vessel
and operator permit holders. (A) If fishing in the Closed Area I Hook
Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with
the applicable requirements and conditions specified in Sec.
648.85(b)(7)(iv), and (b)(7)(v) or (b)(7)(vi).
(B) Fish in the Closed Area I Hook Gear Haddock SAP specified in
Sec. 648.85(b)(7) outside of the season specified in Sec.
648.85(b)(7)(iii).
(C) Fish in the Closed Area I Hook Gear Haddock Access Area
specified in Sec. 648.85(b)(7)(ii), if that area is closed as
specified in Sec. 648.85(b)(7)(iv)(I) or (b)(7)(vi)(F).
(D) If fishing in the Closed Area I Hook Gear Haddock SAP specified
in Sec. 648.85(b)(7), fail to comply with the applicable DAS use
restrictions specified in Sec. 648.85(b)(7)(iv)(A), and (b)(7)(v)(A)
or (b)(7)(vi)(A).
(E) VMS requirements. (1) If fishing in the Closed Area I Hook Gear
Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the
VMS requirements specified in Sec. 648.85(b)(7)(iv)(B).
(2) If fishing in the Closed Area I Hook Gear Haddock SAP specified
in Sec. 648.85(b)(7), fail to comply with the VMS declaration
requirement specified in Sec. 648.85(b)(7)(iv)(D).
(F) If fishing in the Closed Area I Hook Gear Haddock SAP specified
in
[[Page 2498]]
Sec. 648.85(b)(7), fail to comply with the observer notification
requirements specified in Sec. 648.85(b)(7)(iv)(C).
(G) If fishing in the Closed Area I Hook Gear Haddock SAP specified
in Sec. 648.85(b)(7), fail to comply with the applicable gear
restrictions specified in Sec. 648.85(b)(7)(iv)(E), and (b)(7)(v)(B)
or (b)(7)(vi)(B).
(H) If fishing in the Closed Area I Hook Gear Haddock SAP specified
in Sec. 648.85(b)(7), fail to comply with the applicable landing
limits specified in Sec. 648.85(b)(7)(iv)(H), and (b)(7)(v)(C) or
(b)(7)(vi)(C).
(I) If fishing in the Closed Area I Hook Gear Haddock SAP specified
in Sec. 648.85(b)(7), fail to comply with the applicable reporting
requirement specified in Sec. 648.85(b)(7)(v)(D) or (b)(7)(vi)(D).
(vii) Eastern U.S./Canada Haddock SAP Restrictions--(A) All
Persons. (1) If fishing under a NE multispecies DAS in the Eastern
U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), in the area
specified in Sec. 648.85(b)(8)(ii), and during the season specified in
Sec. 648.85(b)(8)(iv), fail to comply with Sec. 648.85(b)(8)(v).
(2) VMS and declaration requirements. (i) If the vessel has been
issued a limited access NE multispecies DAS permit and is in the area
specified in Sec. 648.85(b)(8)(ii), fail to comply with the VMS
requirements in Sec. 648.85(b)(8)(v)(B).
(ii) If fishing under a NE multispecies DAS, fish in the Eastern
U.S./Canada Haddock SAP Program specified in Sec. 648.85(b)(8), unless
declared into the program in accordance with Sec. 648.85(b)(8)(v)(D).
(3) Enter or fish in the Eastern U.S./Canada Haddock SAP outside of
the season specified in Sec. 648.85(b)(8)(iv).
(4) If possessing a Ruhle Trawl, either at sea or elsewhere, as
allowed under Sec. 648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to
comply with the net specifications under Sec. 648.85(b)(6)(iv)(J)(3).
(5) Possession limits and restrictions. (i) If fishing under a NE
multispecies DAS in the Eastern U.S./Canada Haddock SAP, exceed the
possession limits specified in Sec. 648.85(b)(8)(v)(F).
(ii) If fishing under the Eastern U.S./Canada Haddock SAP, fish
for, harvest, possess, or land any regulated NE multispecies from the
area specified in Sec. 648.85(b)(8)(ii), unless in compliance with the
restrictions and conditions of Sec. 648.85(b)(8)(v)(A) through (I).
(6) If fishing in the Eastern U.S./Canada Haddock SAP specified in
Sec. 648.85(b)(8), fail to comply with the reporting requirements of
Sec. 648.85(b)(8)(v)(G).
(7) If fishing under the Eastern U.S./Canada Haddock SAP specified
in Sec. 648.85(b)(8), fail to comply with the observer notification
requirements of Sec. 648.85(b)(8)(v)(C).
(B) Vessel and operator permit holders. (1) If fishing in the
Eastern U.S./Canada Haddock SAP Area, and other portions of the Eastern
U.S./Canada Haddock SAP Area on the same trip, fail to comply with the
restrictions in Sec. 648.85(b)(8)(v)(A).
(2) DAS usage restrictions. (i) If fishing in the Eastern U.S./
Canada Haddock SAP Area under a Category B DAS, fail to comply with the
DAS flip requirements of Sec. 648.85(b)(8)(v)(I), if the vessel
possesses more than the applicable landing limit specified in
Sec. Sec. 648.85(b)(8)(v)(F) or 648.86.
(ii) If fishing in the Eastern U.S./Canada Haddock SAP Area under a
Category B DAS, fail to have the minimum number of Category A DAS
available as required by Sec. 648.85(b)(8)(v)(J).
(3) Fish in the Eastern U.S./Canada Haddock SAP specified in Sec.
648.85(b)(8), if the SAP is closed as specified in Sec.
648.85(b)(8)(v)(K) or (L).
(13) Possession and landing restrictions--(i) All persons. (A)
Under Sec. 648.85 or Sec. 648.86, fail to offload regulated species
subject to a landing limit based on a DAS fished at the end of a
fishing trip, as required by Sec. 648.86(i).
(B) Scallop vessels. Possess or land fish caught with nets of mesh
smaller than the minimum size specified in Sec. 648.51, or with
scallop dredge gear on a vessel not fishing under the scallop DAS
program described in Sec. 648.54, or fishing under a general scallop
permit, unless said fish are caught, possessed, or landed in accordance
with Sec. Sec. 648.80 and 648.86, or unless the vessel has not been
issued a Federal NE multispecies permit and fishes for NE multispecies
exclusively in state waters.
(ii) Vessel and operator permit holders. (A) Land, or possess on
board a vessel, more than the possession or landing limits specified in
Sec. 648.86(a), (b), (c), (d), (g), and (h); or violate any of the
other provisions of Sec. 648.86, unless otherwise specified in Sec.
648.17.
(B) Possess or land per trip more than the possession or landing
limits specified under Sec. 648.86(a), (e), (g), (h), and (j), and
under Sec. 648.82(b)(5) or (6), if the vessel has been issued a
limited access NE multispecies permit or open access NE multispecies
permit, as applicable.
(C) Fish for, possess at any time during a trip, or land per trip
more than the possession limit of NE multispecies specified in Sec.
648.86(d) after using up the vessel's annual DAS allocation or when not
participating in the DAS program pursuant to Sec. 648.82, unless
otherwise exempted by Sec. Sec. 648.82(b)(5) or 648.89.
(D) Atlantic cod. (1) Enter port, while on a NE multispecies DAS
trip, in possession of more than the allowable limit of cod specified
in Sec. 648.86(b)(1), unless the vessel is fishing under the cod
exemption specified in Sec. 648.86(b)(4).
(2) Enter port, while on a NE multispecies DAS trip, in possession
of more than the allowable limit of cod specified in Sec.
648.86(b)(2).
(3) Cod running clock. (i) For vessels fishing in the NE
multispecies DAS program under the provisions of the call-in system,
described in Sec. 648.10(c), fail to remain in port for the
appropriate time specified in Sec. 648.86(b)(1)(ii)(A) and
(b)(2)(ii)(A), except for transiting purposes, provided the vessel
complies with Sec. 648.86(b)(3).
(ii) For vessels fishing in the NE multispecies DAS program under
the provisions of VMS, described in Sec. 648.10(b), fail to declare
through VMS that insufficient DAS have elapsed in order to account for
the amount of cod on board the vessel as required under Sec.
648.86(b)(2)(ii)(B).
(4) Fail to declare through VMS an intent to be exempt from the GOM
cod trip limit under Sec. 648.86(b)(1), as required under Sec.
648.86(b)(4), or fish north of the exemption line if in possession of
more than the GOM cod trip limit specified under Sec. 648.86(b)(1).
(E) Atlantic halibut. Possess or land per trip more than the
possession or landing limit specified under Sec. 648.86(c).
(F) White hake. Possess or land more white hake than allowed under
Sec. 648.86(e).
(G) Yellowtail flounder. While fishing in the areas specified in
Sec. 648.86(g)(1) with a NE multispecies Handgear A permit, or under
the NE multispecies DAS program, or under the limited access monkfish
Category C or D permit provisions, possess yellowtail flounder in
excess of the limits specified under Sec. 648.86(g)(1), unless fishing
under the recreational or charter/party regulations, or transiting in
accordance with Sec. 648.23(b).
(H) GB winter flounder. Possess or land more GB winter flounder
than allowed under Sec. 648.86(j).
(14) Sector requirements for all persons--(i) General requirements.
(A) If fishing under an approved sector, as authorized under Sec.
648.87, fail to abide by the restrictions specified in Sec.
648.87(b)(1).
[[Page 2499]]
(B) If fishing under an approved sector, as authorized under Sec.
648.87, fail to remain in the sector for the remainder of the fishing
year as required by Sec. 648.87(b)(1).
(C) If fishing under an approved sector, as authorized under Sec.
648.87, fish in the NE multispecies DAS program in a given fishing year
or, if fishing under a NE multispecies DAS, fish in an approved sector
in a given fishing year, unless otherwise provided under Sec.
648.87(b)(1)(xii).
(D) If a vessel has agreed to participate in a sector, fail to
remain in the sector for the entire fishing year, as required under
Sec. 648.87(b)(1)(xi).
(E) If a vessel is removed from a sector for violating the sector
rules, fish under the NE multispecies regulations for non-sector
vessels.
(ii) GB Cod Hook Sector. If fishing under the GB Cod Hook Sector
specified under Sec. 648.87(d)(1), fish with gear other than jigs,
demersal longline, or handgear.
(iii) GB Fixed Gear Sector. If fishing under the GB Fixed Gear
Sector specified under Sec. 648.87(d)(2), fish with gear other than
jigs, non-automated demersal longline, handgear, or sink gillnets.
(15) Open access permit restrictions--(i) All persons. (A) Violate
any provision of the open access permit restrictions of Sec. 648.88.
(B) Possess on board gear other than that specified in Sec.
648.88(a)(2)(i), or fish with hooks greater than the number specified
in Sec. 648.88(a)(2)(iii), if fishing under an open access Handgear
permit.
(C) Fish for, possess, or land regulated multispecies from March 1
to March 20, if issued an open access Handgear permit.
(ii) Vessel and operator permit holders--(A) Open access Handgear
permit. It is unlawful for any person owning or operating a vessel
issued an open access NE multispecies Handgear permit to do any of the
following, unless otherwise specified in Sec. 648.17:
(1) Violate any provision of the open access Handgear permit
restrictions of Sec. 648.88(a).
(2) Possess, at any time during a trip, or land per trip, more than
the possession limit of NE multispecies specified in Sec. 648.88(a),
unless the vessel is a charter or party vessel fishing under the
charter/party restrictions specified in Sec. 648.89.
(3) Use, or possess on board, gear capable of harvesting NE
multispecies, other than rod and reel, or handline gear, or tub-trawls,
while in possession of, or fishing for, NE multispecies.
(4) Possess or land NE multispecies during the time period
specified in Sec. 648.88(a)(2).
(B) Scallop multispecies possession limit permit. It is unlawful
for any person owning or operating a vessel issued a scallop
multispecies possession limit permit to possess or land more than the
possession limit of NE multispecies specified in Sec. 648.88(c), or to
possess or land regulated species when not fishing under a scallop DAS,
unless otherwise specified in Sec. 648.17.
(C) Open access NE multispecies (Non-regulated species permit). It
is unlawful for any owner or operator of a vessel issued a valid open
access NE multispecies permit to possess or land any regulated species
as defined in Sec. 648.2, or to violate any applicable provisions of
Sec. 648.88, unless otherwise specified in Sec. 648.17.
(16) Recreational and charter/party requirements. It is unlawful
for the owner or operator of a charter or party boat issued a valid
Federal NE multispecies permit, or for a recreational vessel, as
applicable, unless otherwise specified in Sec. 648.17, to do any of
the following:
(i) Possession and landing. Possess cod, haddock, or Atlantic
halibut in excess of the possession limits specified in Sec.
648.89(c).
(ii) Gear requirements. Fish with gear in violation of the
restrictions of Sec. 648.89(a).
(iii) Seasonal and area restrictions. (A) If fishing under the
recreational or charter/party regulations, fish for or possess cod
caught in the GOM Regulated Mesh Area during the seasonal GOM cod
possession prohibition under Sec. 648.89(c)(1)(v) or (c)(2)(v), or
fail to abide by the appropriate restrictions if transiting with cod on
board.
(B) If the vessel has been issued a charter/party permit or is
fishing under charter/party regulations, fail to comply with the
requirements specified in Sec. 648.81(f)(2)(iii) when fishing in the
areas described in Sec. 648.81(d)(1) through (f)(1) during the time
periods specified.
(C) If the vessel is a private recreational fishing vessel, fail to
comply with the seasonal GOM cod possession prohibition described in
Sec. 648.89(c)(1)(v), or, if the vessel has been issued a charter/
party permit or is fishing under charter/party regulations, fail to
comply with the prohibition on fishing under Sec. 648.89(c)(2)(v).
(iv) Restriction on sale and transfer. Sell, trade, barter, or
otherwise transfer; or attempt to sell, trade, barter or otherwise
transfer; NE multispecies for a commercial purpose as specified in
Sec. 648.89(d).
(17) Presumptions. For purposes of this part, the following
presumptions apply:
(i) Regulated species possessed for sale that do not meet the
minimum sizes specified in Sec. 648.83 are deemed to have been taken
or imported in violation of these regulations, unless the preponderance
of all submitted evidence demonstrates that such fish were harvested by
a vessel not issued a permit under this part and fishing exclusively
within state waters, or by a vessel that fished exclusively in the NAFO
Regulatory Area. This presumption does not apply to fish being sorted
on deck.
(ii) Regulated species possessed for sale that do not meet the
minimum sizes specified in Sec. 648.83 are deemed taken from the EEZ
or imported in violation of these regulations, unless the preponderance
of all submitted evidence demonstrates that such fish were harvested by
a vessel not issued a permit under this part and fishing exclusively
within state waters, or by a vessel that fished exclusively in the NAFO
Regulatory Area. This presumption does not apply to fish being sorted
on deck.
(l) Small-mesh multispecies. (1) It is unlawful for any person
owning or operating a vessel issued a valid Federal multispecies permit
to land, offload, or otherwise transfer; or attempt to land, offload,
or otherwise transfer; small-mesh multispecies from one vessel to
another in excess of the limits specified in Sec. 648.13.
(2) Presumptions. For purposes of this part, the following
presumption applies: All small-mesh multispecies retained or possessed
on a vessel issued any permit under Sec. 648.4 are deemed to have been
harvested from the EEZ.
(m) Monkfish. It is unlawful for any person owning or operating a
vessel that engages in fishing for monkfish to do any of the following,
unless otherwise fishing in accordance with, and exempted under, the
provisions of Sec. 648.17:
(1) Permit requirement. (i) Fish for, possess, retain, or land
monkfish, unless:
(A) The monkfish are being fished for, or were harvested, in or
from the EEZ by a vessel issued a valid monkfish permit under Sec.
648.4(a)(9).
(B) The vessel does not hold a valid Federal monkfish permit and
fishes for or possesses monkfish exclusively in state waters.
(C) The vessel does not hold a valid Federal monkfish permit and
engages in recreational fishing.
[[Page 2500]]
(D) The monkfish were harvested from the NAFO Regulatory Area in
accordance with the provisions specified under Sec. 648.17.
(ii) Fish for, possess, or land monkfish in or from the EEZ without
having been issued and possessing a valid operator permit pursuant to
Sec. 648.5, and this permit is onboard the vessel.
(3) Gear requirements. (i) Fish with or use nets with mesh size
smaller than the minimum mesh size specified in Sec. 648.91(c) while
fishing under a monkfish DAS.
(ii) Fail to immediately produce gillnet tags when requested by an
authorized officer.
(iii) Tag a gillnet with, or otherwise use or possess, a gillnet
tag that has been reported lost, missing, destroyed, or issued to
another vessel, or use or possess a false gillnet tag.
(iv) Sell, transfer, or give away gillnet tags.
(v) If the vessel has been issued a valid limited access monkfish
permit, and fishes under a monkfish DAS, fail to comply with gillnet
requirements and restrictions specified in Sec. 648.92(b)(8).
(4) Area restrictions. (i) Fail to comply with the restrictions
applicable to limited access Category G and H vessels specified under
Sec. 648.92(b)(9).
(ii) Fail to comply with the NFMA requirements specified at Sec.
648.94(f).
(5) DAS requirements. (i) Fail to comply with the monkfish DAS
provisions specified at Sec. 648.92 when issued a valid limited access
monkfish permit.
(ii) Combine, transfer, or consolidate monkfish DAS allocations.
(6) Size limits. Fail to comply with the monkfish size limit
restrictions of Sec. 648.93 when issued a valid monkfish permit under
Sec. 648.4(a)(9) or when fishing in the EEZ.
(7) Possession and landing. (i) Fail to comply with the monkfish
possession limits and landing restrictions, including liver landing
restrictions, specified under Sec. 648.94.
(ii) Violate any provision of the monkfish incidental catch permit
restrictions as specified in Sec. Sec. 648.4(a)(9)(ii) or 648.94(c).
(8) Transfer and sale. (i) Sell, barter, trade, or otherwise
transfer for a commercial purpose; or attempt to sell, barter, trade,
or otherwise transfer for a commercial purpose; any monkfish from a
vessel without having been issued a valid monkfish vessel permit,
unless the vessel fishes for monkfish exclusively in state waters, or
exclusively in the NAFO Regulatory Area in accordance with the
provisions specified under Sec. 648.17.
(ii) Purchase, possess, or receive as a dealer, or in the capacity
of a dealer, monkfish in excess of the possession or trip limits
specified in Sec. 648.94.
(iii) Land, offload, or otherwise transfer; or attempt to land,
offload, or otherwise transfer; monkfish from one vessel to another
vessel, unless each vessel has not been issued a monkfish permit and
fishes exclusively in state waters.
(9) Presumption. For purposes of this part, the following
presumption applies: All monkfish retained or possessed on a vessel
issued any permit under Sec. 648.4 are deemed to have been harvested
from the EEZ, unless the preponderance of evidence demonstrates that
such fish were harvested by a vessel that fished exclusively in the
NAFO Regulatory Area, as authorized under Sec. 648.17.
(n) Summer flounder--(1) All persons. Unless participating in a
research activity as described in Sec. 648.21(g), it is unlawful for
any person to do any of the following:
(i) Permit requirement. Possess summer flounder in or harvested
from the EEZ, either in excess of the possession limit specified in
Sec. 648.105, or before or after the time period specified in Sec.
648.102, unless the vessel was issued a summer flounder moratorium
permit and the moratorium permit is on board the vessel and has not
been surrendered, revoked, or suspended.
(ii) Transfer and purchase. (A) Purchase or otherwise receive for a
commercial purpose, other than solely for transport on land, summer
flounder from the owner or operator of a vessel issued a summer
flounder moratorium permit, unless in possession of a valid summer
flounder dealer permit.
(B) Purchase or otherwise receive for commercial purposes summer
flounder caught by a vessel subject to the possession limit of Sec.
648.105.
(C) Purchase or otherwise receive for a commercial purpose summer
flounder landed in a state after the effective date published in the
Federal Register notifying permit holders that commercial quota is no
longer available in that state for the respective fishing year.
(iii) Gear requirements. Possess nets or netting with mesh not
meeting the minimum mesh requirement of Sec. 648.104 if the person
possesses summer flounder harvested in or from the EEZ in excess of the
threshold limit of Sec. 648.105(a).
(2) Vessel and operator permit holders. Unless participating in a
research activity as described in Sec. 648.100(f), it is unlawful for
any person owning or operating a vessel issued a summer flounder permit
(including a moratorium permit) to do any of the following:
(i) Possession and landing. (A) Possess 100 lb (45.4 kg) or more of
summer flounder between May 1 and October 31, or 200 lb (90.7 kg) or
more of summer flounder between November 1 and April 30, unless the
vessel meets the gear requirements or restrictions specified in Sec.
648.104.
(B) Possess summer flounder in other than a container specified in
Sec. 648.105(d) if fishing with nets having mesh that does not meet
the minimum mesh-size requirement specified in Sec. 648.104(a), unless
the vessel is fishing pursuant to the exemptions specified in Sec.
648.104(b).
(C) Land summer flounder for sale in a state after the effective
date of a notification in the Federal Register notifying permit holders
that commercial quota is no longer available in that state.
(D) Sell or transfer to another person for a commercial purpose,
other than solely for transport on land, any summer flounder, possessed
or landed by a vessel not issued a summer flounder moratorium permit.
(ii) Transfer and purchase. Sell or transfer to another person for
a commercial purpose, other than solely for transport on land, any
summer flounder, unless the transferee has a valid summer flounder
dealer permit.
(iii) Gear requirements. (A) Fish with or possess nets or netting
that do not meet the minimum mesh requirement, or that are modified,
obstructed or constricted, if subject to the minimum mesh requirement
specified in Sec. 648.104, unless the nets or netting are stowed in
accordance with Sec. 648.104(e).
(B) Fish with or possess nets or netting that do not meet the
minimum mesh requirement, or that are modified, obstructed or
constricted, if fishing with an exempted net described in Sec.
648.104, unless the nets or netting are stowed in accordance with Sec.
648.104(f).
(C) Fish west or south, as appropriate, of the line specified in
Sec. 648.104(b)(1) if exempted from the minimum mesh requirement
specified in Sec. 648.104 by a summer flounder exemption permit.
(3) Charter/party restrictions. Unless participating in a research
activity as described in Sec. 648.100(f), it is unlawful for the owner
and operator of a party or charter boat issued a summer flounder permit
(including a moratorium permit), when the boat is carrying passengers
for hire or carrying more than three crew members if a charter boat or
more than five members if a party boat, to:
(i) Carry passengers for hire, or carry more than three crew
members for a charter boat or five crew members for a
[[Page 2501]]
party boat, while fishing commercially pursuant to a summer flounder
moratorium permit.
(ii) Possess summer flounder in excess of the possession limit
established pursuant to Sec. 648.105.
(iii) Fish for summer flounder other than during a season specified
pursuant to Sec. 648.102.
(iv) Sell or transfer summer flounder to another person for a
commercial purpose.
(4) Presumption. For purposes of this part, the following
presumption applies: All summer flounder retained or possessed on a
vessel issued a permit under Sec. 648.4 are deemed to have been
harvested in the EEZ.
(o) Scup--(1) All persons. Unless participating in a research
activity as described in Sec. 648.120(e), it is unlawful for any
person to do any of the following:
(i) Permit requirement. Fish for, catch, or retain for sale,
barter, or trade scup in or from the EEZ north of 35[deg]15.3' N. lat.
on board a party or charter boat without the vessel having been issued
an applicable valid party or charter boat permit pursuant to Sec.
648.4(a)(6), unless the vessel other than a party or charter vessel
observes the possession limit restrictions and prohibition against
sales specified in Sec. 648.125.
(ii) Possession and landing. (A) Possess scup in or harvested from
the EEZ north of 35[deg]15.3' N. lat. in an area closed, or before or
after a season established pursuant to Sec. 648.122(g).
(B) Possess scup in excess of the possession limit established
pursuant to Sec. 648.125.
(C) Fish for, possess, or land scup harvested in or from the EEZ
north of 35[deg]15.3' N. lat. for a commercial purpose after the
effective date of a notification published in the Federal Register
stating that the commercial quota has been harvested.
(D) Fish for, catch, possess, or retain scup in or from the EEZ
north of 35[deg]15.3' N. lat. in excess of the amount specified in
Sec. 648.123, unless the vessel complies with all of the gear
restrictions in Sec. 648.123.
(E) Fish for, catch, retain, or land scup in or from the EEZ north
of 35[deg]15.3' N. lat. in excess of the limit established through the
annual specification process and published in the Federal Register
pursuant to Sec. 648.120(b)(3), (4), and (7).
(iii) Minimum fish size. Possess, other than solely for transport
on land, scup harvested in or from the EEZ north of 35[deg]15.3' N.
lat. that do not meet the minimum fish size specified in Sec. 648.124.
(iv) Transfer and purchase. Purchase or otherwise receive for a
commercial purpose scup harvested from the EEZ north of 35[deg]15.3' N.
lat., or from a vessel issued a scup moratorium permit after the
effective date of a notification published in the Federal Register
stating that the commercial quota has been harvested.
(v) Gear requirements. Fail to comply with any of the gear
restrictions specified in Sec. 648.123.
(vi) Gear restricted areas. Fish for, catch, possess, retain, or
land Loligo squid, silver hake, or black sea bass in or from the areas
and during the time periods described in Sec. 648.122(a) or (b) while
in possession of any trawl nets or netting that do not meet the minimum
mesh restrictions or that are obstructed or constricted as specified in
Sec. Sec. 648.122 and 648.123(a), unless the nets or netting are
stowed in accordance with Sec. 648.123(b).
(2) Vessel and operator permit holders. Unless participating in a
research activity as described in Sec. 648.120(e), it is unlawful for
any person owning or operating a vessel issued a scup permit (including
a moratorium permit) to do any of the following:
(i) Possession and landing. (A) Possess scup in excess of the
threshold amount specified in Sec. 648.123, unless the vessel meets
the minimum mesh-size restrictions specified in Sec. 648.123.
(B) Land scup for sale after the effective date of a notification
published in the Federal Register stating that the commercial quota has
been harvested.
(C) Possess scup in, or harvested from, the EEZ in an area closed
by, or before or after a season established pursuant to Sec. 648.122.
(ii) Transfer and purchase. (A) Sell or transfer to another person
for a commercial purpose, other than solely for transport on land, any
scup, unless the transferee has a dealer permit issued under Sec.
648.6.
(B) Transfer scup at sea, or attempt to transfer at sea to any
vessel, any scup taken from the EEZ, unless in compliance with the
provisions of Sec. 648.13(i).
(3) Charter/party requirements. Unless participating in a research
activity as described in Sec. 648.120(e), it is unlawful for the owner
or operator of a party or charter boat issued a scup permit (including
a moratorium permit), when the boat is carrying passengers for hire, or
when carrying more than three crew members, if a charter boat, or more
than five members, if a party boat to:
(i) Carry passengers for hire, or carry more than three crew
members for a charter boat, or five crew members for a party boat,
while fishing for scup under the terms of a moratorium permit issued
pursuant to Sec. 648.4(a)(6).
(ii) Possess scup in excess of the possession limit established
pursuant to Sec. 648.125.
(iii) Fish for scup other than during a season established pursuant
to Sec. 648.122.
(iv) Sell scup or transfer scup to another person for a commercial
purpose other than solely for transport on land.
(v) Possess scup that do not meet the minimum fish size specified
in Sec. 648.124(b).
(4) Presumption. For purposes of this part, the following
presumption applies: All scup retained or possessed on a vessel issued
a permit under Sec. 648.4 are deemed to have been harvested in the
EEZ, north of 35[deg]15.3' N. lat., unless a preponderance of the
evidence shows the fish were harvested by a vessel that fished
exclusively in state waters.
(p) Black sea bass--(1) All persons. Unless participating in a
research activity as described in Sec. 648.140(e), it is unlawful for
any person to do any of the following:
(i) Permit requirement. Possess black sea bass in or harvested from
the EEZ north of 35[deg]15.3' N. lat., either in excess of the
possession limit established pursuant to Sec. 648.145, or before or
after the time period established pursuant to Sec. 648.142, unless the
person is operating a vessel issued a moratorium permit under Sec.
648.4 and the moratorium permit is on board the vessel.
(ii) Possession and landing. Fish for, catch, possess, land, or
retain black sea bass in or from the EEZ north of 35[deg]15.3 N. lat.
(the latitude of Cape Hatteras Light, NC, to the U.S.-Canadian border)
in excess of the amount specified in Sec. 648.144(a)(1)(i), unless the
vessel complies with all of the gear restrictions at Sec. 648.144(a).
(iii) Transfer and purchase. Purchase or otherwise receive for
commercial purposes, other than solely for transport on land, black sea
bass landed for sale by a moratorium vessel in any state, or part
thereof, north of 35[deg]15.3' N. lat., after the effective date of a
notification published in the Federal Register stating that the
commercial annual quota has been harvested and the EEZ is closed to the
harvest of black sea bass.
(iv) Gear restriction. Fail to comply with any of the gear
restrictions specified in Sec. 648.144.
(v) Minimum fish size. Fish for, possess, land, or retain black sea
bass in or from the EEZ that does not comply with the minimum fish size
specified in Sec. 648.143.
(2) Vessel and operator permit holders. Unless participating in a
[[Page 2502]]
research activity as described in Sec. 648.140(e), it is unlawful for
any person owning or operating a vessel issued a black sea bass permit
(including a moratorium permit) to do any of the following:
(i) Permit requirement. Sell or transfer to another person for a
commercial purpose, other than solely for transport on land, any black
sea bass from a vessel, unless the transferee has a valid black sea
bass dealer permit.
(ii) Possession and landing. (A) Land black sea bass for sale in
any state, or part thereof, north of 35[deg]15.3' N. lat. after the
effective date of a notification published in the Federal Register
stating that the commercial annual quota has been harvested and the EEZ
is closed to the harvest of black sea bass.
(B) Possess, retain, or land black sea bass harvested in or from
the EEZ in excess of the commercial possession limit established at
Sec. 648.140.
(C) Land black sea bass for sale in any state south of North
Carolina.
(D) Possess black sea bass after the effective date of a
notification published in the Federal Register stating that the
commercial annual quota has been harvested and the EEZ is closed to the
harvest of black sea bass, unless the vessel has been issued a
Southeast Region Snapper/Grouper Permit and fishes for and possess
black sea bass south of 35[deg]15.3' N. lat.
(3) Charter/party restrictions. Unless participating in a research
activity as described in Sec. 648.140(e), it is unlawful for the owner
or operator of a party or charter boat issued a black sea bass permit
(including a moratorium permit), when the boat is carrying passengers
for hire or carrying more than three crew members, if a charter boat,
or more than five members, if a party boat, to:
(i) Fish for black sea bass under the terms of a moratorium permit
issued pursuant to Sec. 648.4(a)(7).
(ii) Possess, retain, or land black sea bass in excess of the
possession limit established pursuant to Sec. 648.145.
(iii) Fish for black sea bass other than during a time allowed
pursuant to Sec. 648.142.
(iv) Sell black sea bass or transfer black sea bass from a vessel
to another person for a commercial purpose other than solely for
transport on land.
(4) Presumption. For purposes of this part, the following
presumption applies: All black sea bass retained or possessed on a
vessel issued a permit under Sec. 648.4 are deemed to have been
harvested in the EEZ, unless the vessel also has been issued a
Southeast Region Snapper/Grouper permit and fishes for, retains, or
possesses black sea bass south of 35[deg]15.3' N. lat.
(q) Bluefish. Unless participating in a research activity as
described in Sec. 648.160(h), it is unlawful for any person to do any
of the following:
(1) Permit requirement. Possess in or harvest from the EEZ,
Atlantic bluefish, in excess of the daily possession limit found at
Sec. 648.164, unless the vessel is issued a valid Atlantic bluefish
vessel permit under Sec. 648.4(a)(8)(i) and the permit is on board the
vessel and has not been surrendered, revoked, or suspended.
(2) Possession and landing. (i) Land bluefish for sale in a state
after the effective date of a notification in the Federal Register
pursuant to Sec. 648.161(b), that the commercial quota is no longer
available in that state.
(ii) Land bluefish for sale after the effective date of a
notification in the Federal Register pursuant to Sec. 648.161(a), that
the bluefish fishery is closed.
(3) Transfer and purchase. (i) Sell, barter, trade or transfer; or
attempt to sell, barter, trade or otherwise transfer; other than for
transport, bluefish that were harvested in or from the EEZ, unless the
vessel has been issued a valid bluefish permit under Sec.
648.4(a)(8)(i).
(ii) Purchase or otherwise receive for a commercial purpose
bluefish harvested from the EEZ after the effective date of the
notification published in the Federal Register stating that the
commercial quota has been harvested.
(iii) Purchase or otherwise receive for a commercial purpose
bluefish harvested by a federally permitted vessel after the effective
date of the notification published in the Federal Register stating that
the commercial quota has been harvested.
(4) Charter/party restrictions. Carry passengers for hire, or carry
more than three crew members for a charter boat or five crew members
for a party boat, while fishing commercially pursuant to a bluefish
permit issued under Sec. 648.4(a)(8).
(5) Presumption. For purposes of this part, the following
presumption applies: All bluefish possessed on board a party or charter
vessel issued a permit under Sec. 648.4(a)(8)(ii) are deemed to have
been harvested from the EEZ.
(r) Atlantic herring--(1) All persons. It is unlawful for any
person to do any of the following:
(i) Permit requirement. Operate, or act as an operator of, a vessel
with an Atlantic herring permit, or a vessel fishing for or possessing
herring in or from the EEZ, unless the operator has been issued, and is
in possession of, a valid operator permit.
(ii) Possession and landing. (A) Fish for, possess, retain or land
herring, unless:
(1) The herring are being fished for, or were harvested in or from,
the EEZ by a vessel holding a valid herring permit under this part and
the operator on board such vessel possesses a valid operator permit
that is on board the vessel.
(2) The herring were harvested by a vessel not issued a herring
permit that fished exclusively in state waters.
(3) The herring were harvested in or from the EEZ by a vessel
engaged in recreational fishing.
(4) The herring were possessed for personal use as bait.
(5) Unless otherwise specified in Sec. 648.17.
(B) Possess, transfer, receive, or sell; or attempt to transfer,
receive, or sell; more than 2,000 lb (907.2 kg) of herring per trip; or
land, or attempt to land more than 2,000 lb (907.2 kg) of herring per
day in or from a management area closed pursuant to Sec. 648.201(a),
if the vessel has been issued and holds a valid herring permit.
(C) Possess or land more herring than is allowed by the vessel's
Atlantic herring permit.
(iii) Processing requirements. (A) Process herring that was caught
in or from the EEZ by a U.S. vessel that exceeds the size limits
specified in Sec. 648.4(a)(10)(iii), in excess of the specification of
USAP.
(B) Discard herring carcasses at sea after removing the roe, if a
federally permitted vessel; or in the EEZ, if not a federally permitted
vessel.
(C) Catch, take, or harvest herring for roe, at sea, if a federally
permitted vessel; or if not federally permitted, in or from the EEZ in
excess of any limit established by Sec. 648.206(b)(24).
(iv) Transfer and purchase. (A) Purchase, possess, receive; or
attempt to purchase, possess, or receive; as a dealer, or in the
capacity of a dealer, herring harvested in or from the EEZ, without
having been issued, and in possession of, a valid herring dealer
permit.
(B) Purchase, possess, receive; or attempt to purchase, possess, or
receive; as a processor, or in the capacity of a processor, herring
from a fishing vessel with an herring permit or from a dealer with a
herring dealer permit, without having been issued, and in possession
of, a valid herring processor permit.
(C) Sell, barter, trade, or otherwise transfer; or attempt to sell,
barter, trade, or otherwise transfer; for a commercial purpose, any
herring, unless the harvesting vessel has been issued a herring permit,
or unless the herring
[[Page 2503]]
were harvested by a vessel without a Federal herring permit that fished
exclusively in state waters.
(D) Purchase, possess, or receive, for a commercial purpose; or
attempt to purchase, possess, or receive, for a commercial purpose;
herring caught by a vessel without a herring permit, unless the herring
was harvested by a vessel without a Federal herring permit that fished
exclusively in state waters.
(E) Transfer, or attempt to transfer, herring to a Canadian
transshipment vessel that is permitted in accordance with Pub. L. 104-
297, if the amount of herring transshipped exceeds the amount of the
border transfer specified in Sec. 648.200.
(v) Gear and vessel requirements. (A) If fishing with midwater
trawl or purse seine gear, fail to comply with the requirements of
Sec. 648.80(d) and (e).
(B) Catch, take, or harvest Atlantic herring in or from the EEZ
with a U.S. vessel that exceeds the size limits specified in Sec.
648.4(a)(10)(iii).
(vi) Area requirements. (A) For the purposes of observer
deployment, fail to notify NMFS at least 72 hr prior to departing on a
trip by a limited access herring vessel fishing for herring in the GOM/
GB Exemption Area specified in Sec. 648.80(a)(17).
(B) Possess, land, transfer, receive, sell, purchase, trade, or
barter; or attempt to transfer, receive, sell, purchase, trade, or
barter, or sell more than 2,000 lb (907 kg) of Atlantic herring per
trip taken from the GOM/GB Herring Exemption Area, defined in Sec.
648.86(a)(3)(ii)(A)(1), after the haddock cap has been reached pursuant
to Sec. 648.86(a)(3), unless all herring possessed or landed by the
vessel was caught outside of GOM/GB Herring Exemption Area.
(C) Transit the GOM/GB Herring Exemption Area, when the 2,000-lb
(907.2-kg) limit specified in Sec. 648.86(a)(3)(ii)(A)(1) is in place,
in possession of more than 2,000 lb (907.2 kg) of herring, unless all
herring on board was caught outside of GOM/GB Herring Exemption Area
and all fishing gear is stowed and not available for immediate use, as
required by Sec. 648.23(b).
(D) Fish for herring in Area 1A from June 1 through September 30
with midwater trawl gear.
(vii) Transit and transport. (A) Transit or be in an area closed to
fishing for Atlantic herring pursuant to Sec. 648.201(a) with more
than 2,000 lb (907.2 kg) of herring, unless all fishing gear is stowed
as specified by Sec. 648.23(b).
(B) Receive Atlantic herring at sea in or from the EEZ, solely for
transport, without a letter of authorization from the Regional
Administrator.
(C) Fail to comply with a letter of authorization from the Regional
Administrator.
(D) Transit Area 1A from June 1 through September 30 with more than
2,000 lb (907.2 kg) of herring without mid-water trawl gear properly
stowed as required by Sec. 648.23(b).
(E) Discard haddock at sea that has been brought on deck, or pumped
into the hold, of a limited access herring vessel.
(viii) VMS requirements. (A) Catch, take, or harvest Atlantic
herring in or from the EEZ, if a limited access herring vessel, unless
equipped with an operable VMS unit.
(B) Fail to notify the NMFS Office of Law Enforcement of the time
and date of landing via VMS, if a limited access herring vessel, at
least 6 hr prior to landing herring at the end of a fishing trip.
(2) Vessel and operator permit holders. It is unlawful for any
person owning or operating a vessel holding a valid Federal Atlantic
herring permit, or issued an operator's permit, to do any of the
following:
(i) Sell, purchase, receive, trade, barter, or transfer haddock or
other regulated NE multispecies (cod, witch flounder, plaice,
yellowtail flounder, pollock, winter flounder, windowpane flounder,
redfish, and white hake); or attempt to sell, purchase, receive, trade,
barter, or transfer haddock or other regulated NE for human
consumption; if the regulated NE multispecies are landed by a vessel
holding an All Areas Limited Access Herring Permit and/or an Areas 2
and 3 Limited Access Herring Permit.
(ii) Fail to comply with requirements for herring processors/
dealers that handle individual fish to separate out, and retain, for at
least 12 hr, all haddock offloaded from vessels holding an All Areas
Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access
Herring Permit.
(iii) Sell, purchase, receive, trade, barter, or transfer; or
attempt to sell, purchase, receive, trade, barter, or transfer; to
another person, any haddock or other regulated NE multispecies (cod,
witch flounder, plaice, yellowtail flounder, pollock, winter flounder,
windowpane flounder, redfish, and white hake) separated out from a
herring catch offloaded from a vessel that has an All Areas Limited
Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring
Permit.
(iv) While operating as an at-sea herring processor, fail to comply
with requirements to separate out and retain all haddock offloaded from
a vessel that has an All Areas Limited Access Herring Permit and/or an
Areas 2 and 3 Limited Access Herring Permit.
(3) Presumption. For purposes of this part, the following
presumption applies: All Atlantic herring retained or possessed on a
vessel issued any permit under Sec. 648.4 are deemed to have been
harvested from the EEZ, unless the preponderance of all submitted
evidence demonstrates that such Atlantic herring were harvested by a
vessel fishing exclusively in state waters.
(s) Spiny dogfish--(1) All persons. It is unlawful for any person
to do any of the following:
(i) Permit requirement. Purchase or otherwise receive, other than
solely for transport on land, spiny dogfish from any person on board a
vessel issued a Federal spiny dogfish permit, unless the purchaser/
receiver is in possession of a valid spiny dogfish dealer permit.
(ii) Transfer and purchase. Purchase or otherwise receive for a
commercial purpose spiny dogfish landed by a federally permitted vessel
in any state, from Maine to Florida, after the EEZ is closed to the
harvest of spiny dogfish.
(2) Vessel and operator permit holders. It is unlawful for any
person owning or operating a vessel issued a valid Federal spiny
dogfish permit or issued a valid Federal operator's permit to do any of
the following:
(i) Permit requirement. Sell, barter, trade or transfer; or attempt
to sell, barter, trade or otherwise transfer; other than solely for
transport on land, spiny dogfish, unless the dealer, transferor, or
transferee has a valid dealer permit issued under Sec. 648.6(a).
(ii) Possession and landing. (A) Fish for or possess spiny dogfish
harvested in or from the EEZ after the EEZ is closed to the harvest of
spiny dogfish.
(B) Land spiny dogfish for a commercial purpose after the EEZ is
closed to the harvest of spiny dogfish.
(C) Possess more than the daily possession limit of spiny dogfish
specified in Sec. 648.235.
(iii) Prohibition on finning. Violate any of the provisions in
Sec. Sec. 600.1203 and 600.1204 applicable to the dogfish fishery that
prohibit finning.
(t) Red crab. It is unlawful for any person to do any of the
following:
(1) Permit requirement. Fish for, catch, possess, transport, land,
sell, trade, or barter; or attempt to fish for, catch, possess,
transport, land, sell, trade, or barter; any red crab or red crab parts
in or from the EEZ portion of the Red Crab Management Unit, unless in
possession of a valid Federal limited
[[Page 2504]]
access red crab vessel permit or Federal red crab incidental catch
permit.
(2) Possession and landing. (i) Fish for, catch, possess,
transport, land, sell, trade, or barter; or attempt to fish for, catch,
possess, transport, land, sell, trade, or barter; red crab in excess of
the limits specified in Sec. 648.263.
(ii) Restriction on female red crabs. Fish for, catch, possess,
transport, land, sell, trade, or barter; or attempt to fish for, catch,
possess, transport, land, sell, trade, or barter; female red crabs in
excess of one standard U.S. fish tote.
(3) Transfer and purchase. (i) Transfer at sea, or attempt to
transfer at sea, either directly or indirectly, any red crab or red
crab parts taken in or from the EEZ portion of the red crab management
unit to any vessel.
(ii) Purchase, possess, or receive; or attempt to purchase,
possess, or receive; more than 500 lb (226.8 kg) of whole red crab, or
its equivalent in weight in accordance with the conversion provisions
in Sec. 648.263(a)(2), caught or possessed in the EEZ portion of the
red crab management unit by a vessel without a valid Federal limited
access red crab permit.
(iii) Purchase, possess, or receive; or attempt to purchase,
possess, or receive; up to 500 lb (226.8 kg) of whole red crab, or its
equivalent in weight in accordance with the conversion provisions in
Sec. 648.263(a)(2), caught in the EEZ portion of the Red Crab
Management Unit by a vessel that has not been issued a valid limited
access red crab permit or red crab incidental catch permit under this
subpart.
(4) DAS. (i) Possess, transport, land, sell, trade, or barter; or
attempt to possess, transport, land, sell, trade, or barter; while
fishing under a red crab DAS, more than 500 lb (226.8 kg) of whole red
crab, or its equivalent in weight in accordance with the conversion
provisions in Sec. 648.263(a)(2), per fishing trip, in or from the Red
Crab Management Unit, unless in possession of a valid Federal limited
access red crab vessel permit.
(ii) Fish for, catch, possess, transport, land, sell, trade, or
barter; or attempt to possess, transport, land, sell, trade, or barter;
red crab in or from the Red Crab Management Unit if the vessel has
declared out of the fishery prior to the start of the fishing year.
(5) Prohibitions on processing and mutilation. (i) Retain, possess,
or land red crab claws and legs separate from crab bodies in excess of
one standard U.S. fish tote, if fishing under a red crab DAS with a
valid Federal limited access red crab permit.
(ii) Retain, possess, or land any red crab claws and legs separate
from crab bodies if the vessel has not been issued a valid Federal
limited access red crab permit or has been issued a valid Federal
limited access red crab permit, but is not fishing under a red crab
DAS.
(iii) Retain, possess, or land more than two claws and eight legs
per crab if the vessel has been issued a valid Federal red crab
incidental catch permit, or has been issued a valid Federal limited
access red crab permit and is not fishing under a red crab DAS.
(iv) Possess or land red crabs that have been fully processed at
sea, i.e., engage in any activity that removes meat from any part of a
red crab, unless a preponderance of available evidence shows that the
vessel fished exclusively in state waters and was not issued a valid
Federal permit.
(6) Gear requirements. Fail to comply with any gear requirements or
restrictions specified at Sec. 648.264.
(7) Presumption. For purposes of this part, the following
presumption applies: All red crab retained or possessed on a vessel
issued any permit under Sec. 648.4 are deemed to have been harvested
in or from the Red Crab Management Unit, unless the preponderance of
all submitted evidence demonstrates that such red crab were harvested
by a vessel fishing exclusively outside of the Red Crab Management Unit
or in state waters.
(u) Golden tilefish. It is unlawful for any person owning or
operating a vessel to do any of the following:
(1) Permit requirements--(i) Operator permit. Operate, or act as an
operator of, a vessel with a tilefish permit, or a vessel fishing for
or possessing tilefish in or from the Tilefish Management Unit, unless
the operator has been issued, and is in possession of, a valid operator
permit.
(ii) Dealer permit. Purchase, possess, receive for a commercial
purpose; or attempt to purchase, possess, or receive for a commercial
purpose; as a dealer, or in the capacity of a dealer, tilefish that
were harvested in or from the Tilefish Management Unit, without having
been issued, and in possession of, a valid tilefish dealer permit.
(iii) Vessel permit. Sell, barter, trade, or otherwise transfer
from a vessel; or attempt to sell, barter, trade, or otherwise transfer
from a vessel; for a commercial purpose, other than solely for
transport on land, any tilefish, unless the vessel has been issued a
tilefish permit, or unless the tilefish were harvested by a vessel
without a tilefish permit that fished exclusively in state waters.
(2) Possession and landing. (i) Fish for, possess, retain, or land
tilefish, unless:
(A) The tilefish are being fished for or were harvested in or from
the Tilefish Management Unit by a vessel holding a valid tilefish
permit under this part, and the operator on board such vessel has been
issued an operator permit that is on board the vessel.
(B) The tilefish were harvested by a vessel that has not been
issued a tilefish permit and that was fishing exclusively in state
waters.
(C) The tilefish were harvested in or from the Tilefish Management
Unit by a vessel engaged in recreational fishing.
(ii) Possess tilefish harvested in or from the Tilefish Management
Unit in excess of the trip limit, pursuant to Sec. 648.292, unless the
vessel holds a valid limited access tilefish permit.
(iii) Land tilefish harvested in or from the Tilefish Management
Unit for sale after the effective date of a notification in the Federal
Register, pursuant to Sec. 648.291, that notifies permit holders in a
limited access category that the quota for that category is no longer
available for the respective year.
(iv) Land tilefish in or from the Tilefish Management Unit, in
excess of the trip limit pursuant to Sec. 648.292, unless the vessel
holds a valid limited access tilefish permit.
(3) Transfer and purchase. Purchase, possess, or receive for a
commercial purpose, other than solely for transport on land; or attempt
to purchase, possess, or receive for a commercial purpose, other than
solely for transport on land; tilefish caught by a vessel without a
tilefish permit, unless the tilefish were harvested by a vessel without
a tilefish permit that fished exclusively in state waters.
(4) Presumption. For purposes of this part, the following
presumption applies: All tilefish retained or possessed on a vessel
issued any permit under Sec. 648.4 are deemed to have been harvested
in or from the Tilefish Management Unit, unless the preponderance of
all submitted evidence demonstrates that such tilefish were harvested
by a vessel fishing exclusively in state waters.
(v) Skates--(1) All persons. It is unlawful for any person to fish
for, possess, transport, sell or land skates in or from the EEZ portion
of the skate management unit, unless:
(A) Onboard a vessel that possesses a valid skate vessel permit.
(B) Onboard a federally permitted lobster vessel (i.e., transfer at
sea recipient) while in possession of whole skates as bait only less
than the maximum size specified at Sec. 648.322(b)(2) and in
accordance with Sec. 648.322(c).
(2) All Federal permit holders. It is unlawful for any owner or
operator of a
[[Page 2505]]
vessel holding a valid Federal permit to do any of the following:
(i) Retain, possess, or land barndoor or thorny skates taken in or
from the EEZ portion of the skate management unit specified at Sec.
648.2.
(ii) Retain, possess, or land smooth skates taken in or from the
GOM RMA described at Sec. 648.80(a)(1)(i).
(3) Skate permitted vessel requirements. It is unlawful for any
owner or operator of a vessel holding a valid Federal skate permit to
do any of the following:
(i) Winter skates. Fail to comply with the conditions of the skate
wing possession and landing limits for winter skates specified at Sec.
648.322, unless holding a letter of authorization to fish for and land
skates as bait only at Sec. 648.322(b).
(ii) Possession and transfer. (A) Transfer at sea, or attempt to
transfer at sea, to any vessel, any skates taken in or from the EEZ
portion of the Skate Management Unit, unless in compliance with the
provisions of Sec. Sec. 648.13(b) and 648.322(b).
(B) Purchase, possess, trade, barter, or receive; or attempt to
purchase, possess, trade, barter, or receive; skates caught in the EEZ
portion of the skate management unit by a vessel that has not been
issued a valid Federal skate permit under this part.
(C) Fish for, catch, possess, transport, land, sell, trade, or
barter; or attempt to fish for, catch, possess, transport, land, sell,
trade, or barter; whole skates and skate wings in excess of the
possession limits specified at Sec. 648.322.
(iii) DAS notification and skate wing possession. Fail to comply
with the provisions of the DAS notification program specified in
Sec. Sec. 648.53, 648.82, and 648.92; for the Atlantic sea scallop, NE
multispecies, and monkfish fisheries, respectively; when issued a valid
skate permit and fishing under the skate wing possession limits at
Sec. 648.322.
(iv) SNE Trawl and Gillnet Exemption areas restrictions. Fail to
comply with the restrictions under the SNE Trawl and Gillnet Exemption
areas for the NE skate fisheries at Sec. Sec. 648.80(b)(5)(i)(B) and
648.80(b)(6)(i)(B).
(4) Presumption. For purposes of this part, the following
presumption applies: All skates retained or possessed on a vessel are
deemed to have been harvested in or from the Skate Management Unit,
unless the preponderance of evidence demonstrates that such skates were
harvested by a vessel, that has not been issued a Federal skate permit,
fishing exclusively outside of the EEZ portion of the skate management
unit or only in state waters.
10. In Sec. 648.51, paragraph (b)(4)(v) is added to read as
follows:
Sec. 648.51 Gear and crew restrictions.
* * * * *
(b) * * *
(4) * * *
(v) Measurement of twine top mesh size. Twine top mesh size is
measured by using a wedge-shaped gauge having a taper of 2 cm (0.79
inches) in 8 cm (3.15 inches) and a thickness of 2.3 mm (0.09 inches),
inserted into the meshes under a pressure or pull of 8 kg (17.64 lb).
The mesh size is the average of the measurements of any series of 20
consecutive meshes for twine tops having 75 or more meshes, and 10
consecutive meshes for twine tops having fewer than 75 meshes. The mesh
in the twine top must be measured at least five meshes away from where
the twine top mesh meets the rings, running parallel to the long axis
of the twine top.
* * * * *
11. In Sec. 648.52, paragraph (c) is revised to read as follows:
Sec. 648.52 Possession and landing limits.
* * * * *
(c) A vessel issued an Incidental scallop permit, or an IFQ or NGOM
scallop permit that is not declared into the IFQ or NGOM scallop
fishery as required under Sec. 648.10(f), unless exempted under the
state waters exemption program described under Sec. 648.54, may not
possess or land, per trip, more than 40 lb (18.1 kg) of shucked, or 5
bu (1.76 hL) of in-shell scallops. Such a vessel may land scallops only
once in any calendar day. Such a vessel may possess up to 10 bu (3.52
hL) of in-shell scallops seaward of the VMS Demarcation Line.
* * * * *
12. In Sec. 648.53, paragraph (b)(4) is revised to read as
follows:
Sec. 648.53 Total allowable catch, DAS allocations, and Individual
Fishing Quotas.
* * * * *
(b) * * *
(4) Each vessel qualifying for one of the three DAS categories
specified in the table in this paragraph (b)(4) (Full-time, Part-time,
or Occasional) shall be allocated the maximum number of DAS for each
fishing year it may participate in the open area limited access scallop
fishery, according to its category. A vessel whose owner/operator has
declared out of the scallop fishery, pursuant to the provisions of
Sec. 648.10, or that has used up its maximum allocated DAS, may leave
port without being assessed a DAS, as long as it has made an
appropriate VMS declaration, as specified in Sec. 648.10(f), does not
fish for or land per trip, or possess at any time, more than 400 lb
(181.4 kg) of shucked or 50 bu (17.6 hL) of in-shell scallops, and
complies with all other requirements of this part. The annual open area
DAS allocations for each category of vessel for the fishing years
indicated, after deducting DAS for observer and research DAS set-
asides, are as follows:
------------------------------------------------------------------------
DAS Category 2008 2009\1\
------------------------------------------------------------------------
Full-time 35 42
------------------------------------------------------------------------
Part-time 14 17
------------------------------------------------------------------------
Occasional 3 3
------------------------------------------------------------------------
\1\If the IFQ program implementation is delayed beyond March 1, 2009,
the 2009 DAS allocations will be: Full-time -- 37; part-time -- 15,
occasional -- 3.
* * * * *
13. In Sec. 648.54, paragraphs (a)(1), (a)(2), and (d) are revised
to read as follows:
Sec. 648.54 State waters exemption.
(a) * * *
(1) DAS requirements. Any vessel issued a limited access scallop
permit is exempt from the DAS requirements specified in Sec. 648.53(b)
while fishing exclusively landward of the outer boundary of a state's
waters, provided the vessel complies with paragraphs (d) through (g) of
this section, and the notification requirements of Sec. 648.10(f)(5).
(2) Gear and possession limit restrictions. Any vessel issued a
limited access scallop permit that is exempt from the DAS requirements
of
[[Page 2506]]
Sec. 648.53(b) under this paragraph (a), and that has complied with
the notification requirements of Sec. 648.10(f)(5), is also exempt
from the gear restrictions specified in Sec. 648.51(a), (b), (e)(1),
and (e)(2), and the possession restrictions specified in Sec.
648.52(a), while fishing exclusively landward of the outer boundary of
the waters of a state that has been issued a state waters exemption,
provided the vessel complies with paragraphs (d) through (g) of this
section.
* * * * *
(d) Notification requirements. Vessels fishing under the exemptions
provided by paragraph(s) (a)(1) and/or (a)(2) of this section must
notify the Regional Administrator in accordance with the provisions of
Sec. 648.10(f)(5).
* * * * *
14. In Sec. 648.60, paragraph (a)(2) is revised to read as
follows:
Sec. 648.60 Sea scallop access area program requirements.
(a) * * *
(2) Vessels participating in the Sea Scallop Access Area Program
must comply with the trip declaration requirements specified in Sec.
648.10(f) and vessel notification requirements specified in Sec.
648.11(g) for observer deployment.
* * * * *
15. In Sec. 648.82, paragraphs (e)(2)(iii)(B), (e)(3),
(j)(1)(ii)(B), and (j)(2) are revised to read as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(e) * * *
(2) * * *
(iii) * * *
(B) Differential DAS counting when fishing in the SNE Differential
DAS Area. For NE multispecies DAS vessels that intend to fish, or do
fish, some or all of their trip under a Category A DAS in the SNE
Differential DAS Area, other than for transiting purposes, each
Category A DAS, or part thereof, shall be counted at the ratio of 2 to
1 for the duration of the time spent in the SNE Differential DAS Area,
as determined from VMS positional data. A vessel that has not declared
its intent to fish in the SNE Differential DAS Area, and that is not
transiting, as specified in paragraph (e)(2)(v) of this section, may be
in the SNE Differential DAS Area, provided the vessel's fishing gear is
stowed in accordance with the provisions of Sec. 648.23(b) for the
entire time the vessel is in the area and the vessel declares
immediately upon entering the SNE Differential DAS Area, via VMS, that
it is in the area. A vessel that fishes in both the GOM Differential
Area and the SNE Differential DAS Area on the same trip will be charged
DAS at the rate of 2:1 for the entire trip. If the Regional
Administrator requires the use of the DAS call-in, as described under
Sec. 648.10(e)(2)(iv), a vessel that fishes any portion of its trip in
the SNE Differential DAS Area will be charged DAS at the rate of 2 to 1
for the entire trip.
* * * * *
(3) Regular B DAS Program 24-hr clock. For a vessel electing to
fish in the Regular B DAS Program, as specified at Sec. 648.85(b)(6),
that remains fishing under a Regular B DAS for the entire fishing trip
(without a DAS flip), DAS shall accrue at the rate of 1 full DAS for
each calendar day, or part of a calendar day fished. For example, a
vessel that fished on 1 calendar day from 6 a.m. to 10 p.m. would be
charged 24 hr of Regular B DAS, not 16 hr; a vessel that left on a trip
at 11 p.m. on the first calendar day and returned at 10 p.m. on the
second calendar day would be charged 48 hr of Regular B DAS instead of
23 hr, because the fishing trip would have spanned 2 calendar days. For
the purpose of calculating trip limits specified under Sec. 648.86,
the amount of DAS deducted from a vessel's DAS allocation shall
determine the amount of fish the vessel can land legally. For a vessel
electing to fish in the Regular B DAS Program, as specified at Sec.
648.85(b)(6), while also fishing in one of the Differential DAS Areas,
defined in paragraph (e)(2)(i) of this section, Category B DAS shall
accrue at the rate described in this paragraph (e)(3), unless the
vessel flips to a Category A DAS, in which case the vessel is subject
to the pertinent DAS accrual restrictions of paragraph (e)(2)(iii) of
this section for the entire trip. For vessels electing to fish in both
the Regular B DAS Program, as specified in Sec. 648.85(b)(8), and in
the Eastern U.S./Canada Area, as specified in Sec. 648.85(a), DAS
counting will begin and end according to the DAS rules specified in
Sec. 648.10(e)(2)(iii) or (e)(2)(iv).
* * * * *
(j) * * *
(1) * * *
(ii) * * *
(B) Vessels shall declare their required time periods through the
notification procedures specified in Sec. 648.10(k)(2).
* * * * *
(2) Trip gillnet vessels. When fishing under a NE multispecies DAS,
a Trip gillnet vessel is required to remove all gillnet gear from the
water before calling out of a NE multispecies DAS under Sec.
648.10(h)(5). When not fishing under a NE multispecies DAS, Trip
gillnet vessels may fish in an exempted fishery with gillnet gear, as
authorized by Sec. 648.80. Vessels electing to fish under the Trip
gillnet designation must have on board written confirmation issued by
the Regional Administrator that the vessel is a Trip gillnet vessel.
* * * * *
16. In Sec. 648.85, paragraphs (a)(3)(ii)(A)(1), (b)(6)(i),
(b)(6)(iv)(A) and (B), (b)(6)(v), and (b)(7)(iv)(A) are revised to read
as follows:
Sec. 648.85 Special management programs.
(a) * * *
(3) * * *
(ii) * * *
(A) * * *
(1) The vessel operator must notify NMFS via VMS prior to leaving
the Eastern U.S./Canada Area (including at the time of initial
declaration into the Eastern U.S./Canada Area) that it is also electing
to fish outside the Eastern U.S./Canada Area. With the exception of
vessels participating in the Regular B DAS Program and fishing under a
Regular B DAS, once a vessel electing to fish outside of the Eastern
U.S./Canada Area has left the Eastern U.S./Canada Area, Category A DAS
shall accrue from the time the vessel crosses the VMS Demarcation Line
at the start of its fishing trip until the time the vessel crosses the
VMS Demarcation Line on its return to port, in accordance with Sec.
648.10(e)(2)(iii) and (e)(2)(iv).
* * * * *
(b) * * *
(6) Regular B DAS Program.--(i) Eligibility. Vessels issued a valid
limited access NE multispecies DAS permit and allocated Regular B DAS
are eligible to participate in the Regular B DAS Program, and may elect
to fish under a Regular B DAS, provided they comply with the
requirements and restrictions of this paragraph (b)(6), and provided
the use of Regular B DAS is not restricted according to paragraphs
(b)(6)(iv)(G) or (H), or paragraph (b)(6)(vi) of this section. Vessels
are required to comply with the no discarding and DAS flip requirements
specified in paragraph (b)(6)(iv)(E) of this section, and the DAS
balance and accrual requirements specified in paragraph (b)(6)(iv)(F)
of this section. Vessels may fish under the B Regular DAS Program and
in the U.S./Canada Management Area on the same trip, but may not fish
under the Regular B DAS Program and in a SAP on the same trip.
* * * * *
(iv) Program Requirements--(A) VMS requirement. A NE multispecies
DAS
[[Page 2507]]
vessel fishing in the Regular B DAS Program described in paragraph
(b)(6)(i) of this section must have installed on board an operational
VMS unit that meets the minimum performance criteria specified in
Sec. Sec. 648.9 and 648.10.
(B) Observer notification. For the purposes of selecting vessels
for observer deployment, a vessel must provide notice to NMFS of the
vessel name; contact name for coordination of observer deployment;
telephone number for contact; the date, time, and port of departure;
and the planned fishing area or areas (GOM, GB, or SNE/MA) at least 72
hr prior to the beginning of any trip declared into the Regular B DAS
Program as required by paragraph (b)(6)(iv)(C) of this section, and in
accordance with the Regional Administrator's instructions. Providing
notice of the area that the vessel intends to fish does not restrict
the vessel's activity on that trip to that area only (i.e., the vessel
operator may change his/her plans regarding planned fishing areas).
* * * * *
(v) Definition of incidental TAC stock areas. Under the Regular B
DAS Program, the species stock areas associated with the incidental
TACs are defined below. Copies of a chart depicting these areas are
available upon request from the Regional Administrator.
* * * * *
(7) * * *
(iv) * * *
(A) DAS use restrictions. Vessels fishing in the Closed Area I Hook
Gear Haddock SAP may not initiate a DAS flip. Vessels are prohibited
from fishing in the Closed Area I Hook Gear Haddock SAP while making a
trip under the Regular B DAS Program described in paragraph (b)(6) of
this section. DAS will be charged as described in Sec. 648.10.
* * * * *
17. In Sec. 648.86, paragraphs (b)(1)(ii)(B) and (i) are revised
to read as follows:
Sec. 648.86 NE multispecies possession restrictions.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(B) Vessels that have been authorized by the Regional
Administrator, in lieu of VMS, to utilize the DAS call-in system, as
specified in Sec. 648.10(h), may not call out of the DAS program under
Sec. 648.10(h)(5) and may not depart from a dock or mooring in port,
unless transiting as allowed in paragraph (b)(3) of this section, until
the rest of the additional 24-hr block of DAS has elapsed, regardless
of whether all of the cod on board is offloaded (e.g., a vessel that
has been called into the DAS program for 25 hr at the time of landing
may land only up to 1,600 lb (725.6 kg) of cod, provided the vessel
does not call out of the DAS program or leave port until 48 hr have
elapsed from the beginning of the trip.)
* * * * *
(i) Offloading requirement for vessels possessing species regulated
by a daily possession limit. A vessel that has ended a trip as
specified in Sec. 648.10(e)(2)(iii) or (h)(5) that possesses on board
species regulated by a daily possession limit (i.e., pounds per DAS),
as specified at Sec. 648.85 or Sec. 648.86, must offload species in
excess of the daily landing limit prior to leaving port on a subsequent
trip. A vessel may retain on board up to one day's worth of such
species prior to the start of a subsequent trip. Other species
regulated by an overall trip limit may be retained on board for a
subsequent trip. For example, a vessel that possesses cod and winter
flounder harvested from Georges Bank is subject to a daily possession
limit for cod of 1,000 lb (453 kg)/DAS and an overall trip limit of
5,000 lb (2,267 kg)/trip for winter flounder. In this example, the
vessel would be required to offload any cod harvested in excess of
1,000 lb (453 kg) (i.e., the vessel may retain up to 1,000 lb (453 kg)
of Georges Bank cod, but must offload any additional cod), but may
retain on board winter flounder up to the maximum trip limit prior to
leaving port and crossing the VMS Demarcation Line to begin a
subsequent trip.
* * * * *
18. In Sec. 648.95, paragraph (e)(4) is revised to read as
follows:
Sec. 648.95 Offshore fishery program in the SFMA.
* * * * *
(e) * * *
(4) A vessel issued a Category F permit must have installed on
board an operational VMS unit that meets the minimum performance
criteria specified in Sec. Sec. 648.9 and 648.10 during the entire
season established under paragraph (d) of this section. Unless
otherwise required to maintain an operational VMS unit under the VMS
notification requirements specified at Sec. 648.10(b), a vessel issued
a Category F permit may turn off its VMS unit outside of that season.
* * * * *
19. In Sec. 648.263, paragraph (b)(3) is revised to read as
follows:
Sec. 648.263 Red crab possession and landing restrictions.
* * * * *
(b) * * *
(3) Mutilation restrictions. (i) A vessel may not retain, possess,
or land red crab claws and legs separate from crab bodies.
(ii) A vessel may not retain, possess, or land more than two claws
and eight legs per crab.
[FR Doc. E9-844 Filed 1-14-09; 8:45 am]
BILLING CODE 3510-22-S