[Code of Federal Regulations] [Title 50, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR622.2] [Page 135-139] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC--Table of Contents Subpart A--General Provisions Sec. 622.2 Definitions and acronyms. In addition to the definitions in the Magnuson Act and in Sec. 600.10 of this chapter, and the acronyms in Sec. 600.15 of this chapter, the terms and acronyms used in this part have the following meanings: Allowable chemical means a substance, generally used to immobilize marine life so that it can be captured alive, that, when introduced into the water, does not take Gulf and South Atlantic prohibited coral and is allowed by Florida for the harvest of tropical fish (e.g., quinaldine, quinaldine compounds, or similar substances). Allowable octocoral means an erect, nonencrusting species of the subclass Octocorallia, except the seafans Gorgonia flabellum and G. ventalina, plus the attached substrate within 1 inch (2.54 cm) of an allowable octocoral. Note: An erect, nonencrusting species of the subclass Octocorallia, except the seafans Gorgonia flabellum and G. ventalina, with attached substrate exceeding 1 inch (2.54 cm) is considered to be live rock and not allowable octocoral. Aquacultured live rock means live rock that is harvested under a Federal aquacultured live rock permit, as required under Sec. 622.4(a)(3)(iii). Authorized statistical reporting agent means: (1) Any person so designated by the SRD; or (2) Any person so designated by the head of any Federal or State agency that has entered into an agreement with the Assistant Administrator to collect fishery data. Automatic reel means a reel that remains attached to a vessel when in use from which a line and attached hook(s) are deployed. The line is payed out from and retrieved on the reel electrically or hydraulically. Bandit gear means a rod and reel that remain attached to a vessel when in use from which a line and attached hook(s) are deployed. The line is payed out from and retrieved on the reel manually, electrically, or hydraulically. BRD means bycatch reduction device. Buoy gear means fishing gear consisting of a float and one or more weighted lines suspended therefrom, generally long enough to reach the bottom. A hook or hooks (usually 6 to 10) are on the lines at or near the end. The float and line(s) drift freely and are retrieved periodically to remove catch and rebait hooks. Carapace length means the straight-line distance from the orbital notch inside the orbital spine, in a line parallel to the lateral rostral sulcus, to the posterior margin of the cephalothorax. (See Figure 1 in Appendix C of this part.) Caribbean means the Caribbean Sea around Puerto Rico and the U.S. Virgin Islands. Caribbean conch resource means one or more of the following species, or a part thereof: (1) Atlantic triton's trumpet, Charonia variegata. (2) Cameo helmet, Cassis madagascarensis. (3) Caribbean helmet, Cassis tuberosa. (4) Caribbean vase, Vasum muricatum. (5) Flame helmet, Cassis flammea. (6) Green star shell, Astrea tuber. (7) Hawkwing conch, Strombus raninus. (8) Milk conch, Strombus costatus. (9) Queen conch, Strombus gigus. (10) Roostertail conch, Strombus gallus. (11) True tulip, Fasciolaria tulipa. (12) West Indian fighting conch, Strombus pugilis. (13) Whelk (West Indian top shell), Cittarium pica. Caribbean coral reef resource means one or more of the species, or a part thereof, listed in Table 1 in Appendix A of this part, whether living or dead. Caribbean prohibited coral means, in the Caribbean; a gorgonian, that is, a Caribbean coral reef resource of the Class Anthozoa, Subclass Octocorallia, Order Gorgonacea; a live rock; or a stony coral, that is, a Caribbean coral [[Page 136]] reef resource of the Class Hydrozoa (fire corals and hydrocorals) or of the Class Anthozoa, Subclass Hexacorallia, Orders Scleractinia (stony corals) and Antipatharia (black corals); or a part thereof. Caribbean reef fish means one or more of the species, or a part thereof, listed in Table 2 in Appendix A of this part. Caribbean spiny lobster means the species Panulirus argus, or a part thereof. CFMC means the Caribbean Fishery Management Council. Charter vessel means a vessel less than 100 gross tons (90.8 mt) that meets the requirements of the USCG to carry six or fewer passengers for hire and that engages in charter fishing at any time during the calendar year. A charter vessel with a commercial permit, as required under Sec. 622.4(a)(2), is considered to be operating as a charter vessel when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew. Coastal migratory pelagic fish means one or more of the following species, or a part thereof: (1) Bluefish, Pomatomus saltatrix (Gulf of Mexico only). (2) Cero, Scomberomorus regalis. (3) Cobia, Rachycentron canadum. (4) Dolphin, Coryphaena hippurus (5) King mackerel, Scomberomorus cavalla. (6) Little tunny, Euthynnus alletteratus. (7) Spanish mackerel, Scomberomorus maculatus. Coral area means marine habitat in the Gulf or South Atlantic EEZ where coral growth abounds, including patch reefs, outer bank reefs, deep water banks, and hard bottoms. Dealer, in addition to the definition specified in Sec. 600.10 of this chapter, means the person who first receives rock shrimp harvested from the EEZ upon transfer ashore. Drift gillnet, for the purposes of this part, means a gillnet, other than a long gillnet or a run-around gillnet, that is unattached to the ocean bottom, regardless of whether attached to a vessel. Fish trap means-- (1) In the Caribbean EEZ, a trap and its component parts (including the lines and buoys), regardless of the construction material, used for or capable of taking finfish. (2) In the Gulf EEZ, a trap and its component parts (including the lines and buoys), regardless of the construction material, used for or capable of taking finfish, except a trap historically used in the directed fishery for crustaceans (that is, blue crab, stone crab, and spiny lobster). (3) In the South Atlantic EEZ, a trap and its component parts (including the lines and buoys), regardless of the construction material, used for or capable of taking fish, except a sea bass pot, a golden crab trap, or a crustacean trap (that is, a type of trap historically used in the directed fishery for blue crab, stone crab, red crab, jonah crab, or spiny lobster and that contains at any time not more than 25 percent, by number, of fish other than blue crab, stone crab, red crab, jonah crab, and spiny lobster). Fork length means the straight-line distance from the tip of the head (snout) to the rear center edge of the tail (caudal fin). (See Figure 2 in Appendix C of this part.) Golden crab means the species Chaceon fenneri, or a part thereof. Golden crab trap means any trap used or possessed in association with a directed fishery for golden crab in the South Atlantic EEZ, including any trap that contains a golden crab in or from the South Atlantic EEZ or any trap on board a vessel that possesses golden crab in or from the South Atlantic EEZ. GMFMC means the Gulf of Mexico Fishery Management Council. Gulf means the Gulf of Mexico. The line of demarcation between the Atlantic Ocean and the Gulf of Mexico is specified in Sec. 600.105(c) of this chapter. Gulf reef fish means one or more of the species, or a part thereof, listed in Table 3 in Appendix A of this part. Gulf and South Atlantic prohibited coral means, in the Gulf and South Atlantic, one or more of the following, or a part thereof: (1) Coral belonging to the Class Hydrozoa (fire corals and hydrocorals). [[Page 137]] (2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia, Orders Scleractinia (stony corals) and Antipatharia (black corals). (3) A seafan, Gorgonia flabellum or G. ventalina. (4) Coral in a coral reef, except for allowable octocoral. (5) Coral in an HAPC, including allowable octocoral. Handline means a line with attached hook(s) that is tended directly by hand. HAPC means habitat area of particular concern. Headboat means a vessel that holds a valid Certificate of Inspection issued by the USCG to carry passengers for hire. A headboat with a commercial vessel permit, as required under Sec. 622.4(a)(2), is considered to be operating as a headboat when it carries a passenger who pays a fee or-- (1) In the case of persons aboard fishing for or possessing South Atlantic snapper-grouper, when there are more persons aboard than the number of crew specified in the vessel's Certificate of Inspection; or (2) In the case of persons aboard fishing for or possessing coastal migratory pelagic fish or Gulf reef fish, when there are more than three persons aboard, including operator and crew. Headrope length means the distance, measured along the forwardmost webbing of a trawl net, between the points at which the upper lip (top edge) of the mouth of the net are attached to sleds, doors, or other devices that spread the net. Hook-and-line gear means automatic reel, bandit gear, buoy gear, handline, longline, and rod and reel. Live rock means living marine organisms, or an assemblage thereof, attached to a hard substrate, including dead coral or rock (excluding individual mollusk shells). Long gillnet means a gillnet that has a float line that is more than 1,000 yd (914 m) in length. Longline means a line that is deployed horizontally to which gangions and hooks are attached. A longline may be a bottom longline, i.e., designed for use on the bottom, or a pelagic longline, i.e., designed for use off the bottom. The longline hauler may be manually, electrically, or hydraulically operated. MAFMC means the Mid-Atlantic Fishery Management Council. Mid-Atlantic means the Atlantic Ocean off the Atlantic coastal states from the boundary between the New England Fishery Management Council and the MAFMC, as specified in Sec. 600.105(a) of this chapter, to the boundary between the MAFMC and the SAFMC, as specified in Sec. 600.105(b) of this chapter. Migratory group, for king and Spanish mackerel, means a group of fish that may or may not be a separate genetic stock, but that is treated as a separate stock for management purposes. King and Spanish mackerel are divided into migratory groups--the Atlantic migratory group and the Gulf migratory group. The boundaries between these groups are as follows: (1) King mackerel--(i) Summer separation. From April 1 through October 31, the boundary separating the Gulf and Atlantic migratory groups of king mackerel is 25 deg.48[min] N. lat., which is a line directly west from the Monroe/Collier County, FL, boundary to the outer limit of the EEZ. (ii) Winter separation. From November 1 through March 31, the boundary separating the Gulf and Atlantic migratory groups of king mackerel is 29 deg.25[min] N. lat., which is a line directly east from the Volusia/Flagler County, FL, boundary to the outer limit of the EEZ. (2) Spanish mackerel. The boundary separating the Gulf and Atlantic migratory groups of Spanish mackerel is 25 deg.20.4[min] N. lat., which is a line directly east from the Miami-Dade/Monroe County, FL, boundary to the outer limit of the EEZ. Off Florida means the waters in the Gulf and South Atlantic from 30 deg.42[min]45.6[sec] N. lat., which is a line directly east from the seaward terminus of the Georgia/Florida boundary, to 87 deg.31[min]06[sec] W. long., which is a line directly south from the Alabama/Florida boundary. Off Georgia means the waters in the South Atlantic from a line extending in a direction of 104 deg. from true north from the seaward terminus of the South Carolina/Georgia boundary to [[Page 138]] 30 deg.42[min]45.6[sec] N. lat., which is a line directly east from the seaward terminus of the Georgia/Florida boundary. Official sunrise or official sunset means the time of sunrise or sunset as determined for the date and location in The Nautical Almanac, prepared by the U.S. Naval Observatory. Off Louisiana, Mississippi, and Alabama means the waters in the Gulf other than off Florida and off Texas. Off North Carolina means the waters in the South Atlantic from 36 deg.34[min]55[sec] N. lat., which is a line directly east from the Virginia/North Carolina boundary, to a line extending in a direction of 135 deg.34[min]55[sec] from true north from the North Carolina/South Carolina boundary, as marked by the border station on Bird Island at 33 deg.51[min]07.9[sec] N. lat., 78 deg.32[min]32.6[sec] W. long. Off South Carolina means the waters in the South Atlantic from a line extending in a direction of 135 deg.34[min]55[sec] from true north from the North Carolina/South Carolina boundary, as marked by the border station on Bird Island at 33 deg.51[min]07.9[sec] N. lat., 78[min]32[min]32.6[sec] W. long., to a line extending in a direction of 104 deg. from true north from the seaward terminus of the South Carolina/Georgia boundary. Off Texas means the waters in the Gulf west of a rhumb line from 29 deg.32.1[min] N. lat., 93 deg.47.7[min] W. long. to 26 deg.11.4[min] N. lat., 92 deg.53[min] W. long., which line is an extension of the boundary between Louisiana and Texas. Penaeid shrimp trawler means any vessel that is equipped with one or more trawl nets whose on-board or landed catch of brown, pink, or white shrimp (penaeid shrimp) is more than 1 percent, by weight, of all fish comprising its on-board or landed catch. Powerhead means any device with an explosive charge, usually attached to a speargun, spear, pole, or stick, that fires a projectile upon contact. Processor means a person who processes fish or fish products, or parts thereof, for commercial use or consumption. Purchase means the act or activity of buying, trading, or bartering, or attempting to buy, trade, or barter. Red drum, also called redfish, means Sciaenops ocellatus, or a part thereof. Red snapper means Lutjanus campechanus, or a part thereof, one of the Gulf reef fish species. Regional Administrator (RA), for the purposes of this part, means the Administrator, Southeast Region, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, or a designee. Rod and reel means a rod and reel unit that is not attached to a vessel, or, if attached, is readily removable, from which a line and attached hook(s) are deployed. The line is payed out from and retrieved on the reel manually, electrically, or hydraulically. Run-around gillnet means a gillnet, other than a long gillnet, that, when used, encloses an area of water. SAFMC means the South Atlantic Fishery Management Council. Sale or sell means the act or activity of transferring property for money or credit, trading, or bartering, or attempting to so transfer, trade, or barter. Science and Research Director (SRD), for the purposes of this part, means the Science and Research Director, Southeast Fisheries Science Center, NMFS (see Table 1 of Sec. 600.502 of this chapter). Sea bass pot means a trap has six rectangular sides and does not exceed 25 inches (63.5 cm) in height, width, or depth. Shrimp means one or more of the following species, or a part thereof: (1) Brown shrimp, Farfantepenaeus aztecus. (2) White shrimp, Litopenaeus setiferus. (3) Pink shrimp, Farfantepenaeus duorarum. (4) Royal red shrimp, Hymenopenaeus robustus. (5) Rock shrimp, Sicyonia brevirostris. (6) Seabob shrimp, Xiphopenaeus kroyeri. Shrimp trawler means any vessel that is equipped with one or more trawl nets whose on-board or landed catch of shrimp is more than 1 percent, by weight, of all fish comprising its on-board or landed catch. SMZ means special management zone. South Atlantic means the Atlantic Ocean off the Atlantic coastal states from the boundary between the MAFMC and the SAFMC, as specified [[Page 139]] in Sec. 600.105(b) of this chapter, to the line of demarcation between the Atlantic Ocean and the Gulf of Mexico, as specified in Sec. 600.105(c) of this chapter. South Atlantic snapper-grouper means one or more of the species, or a part thereof, listed in Table 4 in Appendix A of this part. Stab net means a gillnet, other than a long gillnet, or trammel net whose weight line sinks to the bottom and submerges the float line. Total length (TL), for the purposes of this part, means the straight-line distance from the tip of the snout to the tip of the tail (caudal fin), excluding any caudal filament, while the fish is lying on its side. The mouth of the fish may be closed and/or the tail may be squeezed together to give the greatest overall measurement. (See Figure 2 in Appendix C of this part.) Toxic chemical means any substance, other than an allowable chemical, that, when introduced into the water, can stun, immobilize, or take marine life. Trammel net means two or more panels of netting, suspended vertically in the water by a common float line and a common weight line, with one panel having a larger mesh size than the other(s), to entrap fish in a pocket of netting. Trip means a fishing trip, regardless of number of days duration, that begins with departure from a dock, berth, beach, seawall, or ramp and that terminates with return to a dock, berth, beach, seawall, or ramp. Try net, also called test net, means a net pulled for brief periods by a shrimp trawler to test for shrimp concentrations or determine fishing conditions (e.g., presence or absence of bottom debris, jellyfish, bycatch, seagrasses). Wild live rock means live rock other than aquacultured live rock. Wreckfish means the species Polyprion americanus, or a part thereof, one of the South Atlantic snapper-grouper species. [61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 FR 47448, Sept. 9, 1996; 61 FR 65483, Dec. 13, 1996; 62 FR 18539, Apr. 16, 1997; 63 FR 10565, Mar. 4, 1998; 63 FR 18144, Apr. 14, 1998; 64 FR 59125, Nov. 2, 1999; 65 FR 52957, Aug. 31, 2000; 67 FR 51078, Aug. 7, 2002]