[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: 50CFR622.43] [Page 196-198] 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. 622.43 Closures. (a) General. When a quota specified in Sec. 622.42 is reached, or is projected to be reached, the Assistant Administrator will file a notification to that effect with the Office of the Federal Register. On and after the effective date of such notification, for the remainder of the fishing year, the following closure restrictions apply: (1) Gulf reef fish--(i) Commercial quotas. The bag and possession limits specified in Sec. 622.39(b) apply to all harvest or possession in or from the Gulf EEZ of the indicated species, and the sale or purchase of the indicated species taken from the Gulf EEZ is prohibited. In addition, the bag and possession limits for red snapper apply on board a vessel for which a commercial permit for Gulf reef fish has been issued, as required under Sec. 622.4(a)(2)(v), without regard to where such red snapper were harvested. However, the bag and possession limits for red snapper apply only when the recreational quota for red snapper has not been reached and the bag and possession limit has not been reduced to zero under paragraph (a)(1)(ii) of this section. (ii) Recreational quota for red snapper. The bag and possession limit for red [[Page 197]] snapper in or from the Gulf EEZ is zero. (2) Gulf and South Atlantic allowable octocoral. Allowable octocoral may not be harvested or possessed in the Gulf EEZ or South Atlantic EEZ and the sale or purchase of allowable octocoral in or from the Gulf EEZ or South Atlantic EEZ is prohibited. (3) King and Spanish mackerel. The closure provisions of this paragraph (a)(3) do not apply to Atlantic migratory group Spanish mackerel, which are managed under the commercial trip limits specified in Sec. 622.44(b) in lieu of the closure provisions of this section. (i) A person aboard a vessel for which a commercial permit for king or Spanish mackerel has been issued, as required under Sec. 622.4(a)(2)(iii) or (iv), may not fish for king or Spanish mackerel in the EEZ or retain king or Spanish mackerel in or from the EEZ under a bag or possession limit specified in Sec. 622.39(c) for the closed species, migratory group, zone, subzone, or gear, except as provided for under paragraph (a)(3)(ii) of this section. (ii) A person aboard a vessel for which the permit indicates both charter vessel/headboat for coastal migratory pelagic fish and commercial king or Spanish mackerel may continue to retain fish under a bag and possession limit specified in Sec. 622.39(c), provided the vessel is operating as a charter vessel or headboat. (iii) The sale or purchase of king or Spanish mackerel of the closed species, migratory group, zone, subzone, or gear type is prohibited, including such king or Spanish mackerel taken under the bag limits. (4) Royal red shrimp in the Gulf. Royal red shrimp in or from the Gulf EEZ may not be retained, and the sale or purchase of royal red shrimp taken from the Gulf EEZ is prohibited. (5) South Atlantic snapper-grouper, excluding wreckfish--(i) Greater amberjack. The bag limit specified in Sec. 622.39(d)(1)(i) and the possession limits specified in Sec. 622.39(d)(2) apply to all harvest or possession of greater amberjack in or from the South Atlantic EEZ, and the sale or purchase of greater amberjack taken from the EEZ is prohibited. In addition, the bag and possession limits for greater amberjack and the prohibition on sale/purchase apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such greater amberjack were harvested. (ii) Golden tilefish and snowy grouper. Golden tilefish and snowy grouper, for which there are quotas, are managed under the commercial trip limits specified in Sec. 622.44(c) in lieu of the closure provisions of this section. (6) Wreckfish. Wreckfish in or from the South Atlantic EEZ may not be retained, and the sale or purchase of wreckfish taken from the South Atlantic EEZ is prohibited. (b) Exception to prohibition on sale/purchase. (1) The prohibition on sale/purchase during a closure for Gulf reef fish, king and Spanish mackerel, royal red shrimp, greater amberjack, or wreckfish in paragraphs (a)(1), (a)(3)(iii), (a)(4), (a)(5)(i), or (a)(6) of this section does not apply to the indicated species that were harvested, landed ashore, and sold prior to the effective date of the closure and were held in cold storage by a dealer or processor. (2) The prohibition on sale/purchase during a closure for allowable octocoral in paragraph (a)(2) of this section does not apply to allowable octocoral that was harvested and landed ashore prior to the effective date of the closure. (c) Reopening. When a fishery has been closed based on a projection of the quota specified in Sec. 622.42 being reached and subsequent data indicate that the quota was not reached, the Assistant Administrator may file a notification to that effect with the Office of the Federal Register. Such notification may reopen the fishery to provide an opportunity for the quota to be reached. [61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 FR 46679, Sept. 4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 10569, Mar. 4, 1998; 64 FR 3629, Jan. 25, 1999; 64 FR 59126, Nov. 2, 1999] Effective Date Note: At 67 FR 43565, June 28, 2002, Sec. 622.43 was amended by revising paragraph (a)(3)(ii), effective Dec. 26, 2002. [[Page 198]] For the convenience of the user, the revised text follows: Sec. 622.43 Closures. (a) * * * (3) * * * (ii) A person aboard a vessel for which valid charter vessel/ headboat permits for Gulf coastal migratory pelagic fish or South Atlantic coastal migratory pelagic fish and a valid commercial vessel permit for king or Spanish mackerel have been issued may continue to retain fish under a bag and possession limit specified in Sec. 622.39(c), provided the vessel is operating as a charter vessel or headboat.