[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: 50CFR648.12]

[Page 311]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 648.12  Experimental fishing.

    The Regional Administrator may exempt any person or vessel from the 
requirements of subparts A (General Provisions), B (Atlantic mackerel, 
squid, and butterfish), D (sea scallop), E (surf clam and ocean quahog), 
F (NE multispecies and monkfish), G (summer flounder), H (scup), I 
(black sea bass), J (bluefish), K (Atlantic herring), L (spiny dogfish), 
M (deep-sea red crab), and N (tilefish) of this part for the conduct of 
experimental fishing beneficial to the management of the resources or 
fishery managed under that subpart. The Regional Administrator shall 
consult with the Executive Director of the MAFMC regarding such 
exemptions for the Atlantic mackerel, squid, butterfish, summer 
flounder, scup, black sea bass, spiny dogfish, bluefish, and tilefish 
fisheries.
    (a) The Regional Administrator may not grant such an exemption 
unless he/she determines that the purpose, design, and administration of 
the exemption is consistent with the management objectives of the 
respective FMP, the provisions of the Magnuson-Stevens Act, and other 
applicable law, and that granting the exemption will not:
    (1) Have a detrimental effect on the respective resources and 
fishery;
    (2) Cause any quota to be exceeded; or
    (3) Create significant enforcement problems.
    (b) Each vessel participating in any exempted experimental fishing 
activity is subject to all provisions of the respective FMP, except 
those necessarily relating to the purpose and nature of the exemption. 
The exemption will be specified in a letter issued by the Regional 
Administrator to each vessel participating in the exempted activity. 
This letter must be carried on board the vessel seeking the benefit of 
such exemption.
    (c) Experimental fishing for surf clams or ocean quahogs will not 
require an allocation permit.

[61 FR 58466, Nov. 15, 1996, as amended at 62 FR 37156, July 11, 1997; 
65 FR 45852, July 26, 2000; 65 FR 77466, Dec. 11, 2000; 66 FR 49144, 
Sept. 26, 2001]