[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: 50CFR622.38]

[Page 183-184]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC--Table of Contents
 
                     Subpart C--Management Measures
 
Sec. 622.38  Landing fish intact.

    The operator of a vessel that fishes in the EEZ is responsible for 
ensuring that fish on that vessel in the EEZ are maintained intact and, 
if taken from the EEZ, are maintained intact through offloading ashore, 
as specified in this section.
    (a) The following must be maintained with head and fins intact: 
Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel 
in paragraph (g) of this section; South Atlantic snapper-grouper in or 
from the South Atlantic EEZ, except as specified in paragraph (h) of 
this section; yellowtail snapper in or from the Caribbean EEZ; and 
finfish in or from the Gulf EEZ, except as specified in paragraphs (c) 
and (d) of this section. Such fish may be eviscerated, gilled, and 
scaled, but must otherwise be maintained in a whole condition.
    (b) A Caribbean spiny lobster in or from the Caribbean EEZ must be 
maintained with head and carapace intact.
    (c) Shark, swordfish, and tuna species are exempt from the 
requirements of paragraph (a) of this section.
    (d) In the Gulf EEZ:
    (1) Bait is exempt from the requirement to be maintained with head 
and fins intact.
    (i) For the purpose of this paragraph (d)(1), bait means--
    (A) Packaged, headless fish fillets that have the skin attached and 
are frozen or refrigerated;
    (B) Headless fish fillets that have the skin attached and are held 
in brine; or

[[Page 184]]

    (C) Small pieces no larger than 3 in\3\ (7.6 cm\3\) or strips no 
larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin 
attached and are frozen, refrigerated, or held in brine.
    (ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish 
or part thereof possessed in or landed from the Gulf EEZ that is 
subsequently sold or purchased as a finfish species, rather than as 
bait, is not bait.
    (2) Legal-sized finfish possessed for consumption at sea on the 
harvesting vessel are exempt from the requirement to have head and fins 
intact, provided--
    (i) Such finfish do not exceed any applicable bag limit;
    (ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per 
person aboard; and
    (iii) The vessel is equipped to cook such finfish on board.
    (e) A golden crab in or from the South Atlantic EEZ must be 
maintained in whole condition through landing ashore. For the purposes 
of this paragraph, whole means a crab that is in its natural condition 
and that has not been gutted or separated into component pieces, e.g., 
clusters.
    (f) A Caribbean conch resource in or from the Caribbean EEZ must be 
maintained with meat and shell intact.
    (g) Cut-off (damaged) king or Spanish mackerel that comply with the 
minimum size limits in Sec. 622.37(c)(2) and (c)(3), respectively, and 
the trip limits in Sec. 622.44(a) and (b), respectively, may be 
possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and 
offloaded ashore from, a vessel that is operating under the respective 
trip limits. Such cut-off fish also may be sold. A maximum of five 
additional cut-off (damaged) king mackerel, not subject to the size 
limits or trip limits, may be possessed or offloaded ashore but may not 
be sold or purchased and are not counted against the trip limit.
    (h) In the South Atlantic EEZ, snapper-grouper lawfully harvested in 
Bahamian waters are exempt from the requirement that they be maintained 
with head and fins intact, provided valid Bahamian fishing and cruising 
permits are on board the vessel and the vessel is in transit through the 
South Atlantic EEZ. For the purpose of this paragraph, a vessel is in 
transit through the South Atlantic EEZ when it is on a direct and 
continuous course through the South Atlantic EEZ and no one aboard the 
vessel fishes in the EEZ.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 65483, Dec. 13, 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 38303, July 
16, 1998; 64 FR 3628, Jan. 25, 1999; 65 FR 16340, Mar. 28, 2000; 67 FR 
22362, May 3, 2002]