[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: 50CFR648.14] [Page 312-334] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents Subpart A--General Provisions Sec. 648.14 Prohibitions. (a) In addition to the general prohibitions specified in Sec. 600.725 of this chapter, it is unlawful for any person to do any of the following: (1) Fail to report to the Regional Administrator within 15 days any change in the information contained in an applicable vessel, operator, or dealer/processor permit application. (2) Falsify or fail to affix and maintain vessel markings as required by Sec. 648.8. (3) Make any false statement in connection with an application, declaration, or report under this part. (4) Fail to comply in an accurate and timely fashion with the log report, reporting, record retention, inspection, and 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. (5) Alter, erase, or mutilate any permit issued under this part. (6) Alter, erase, mutilate, duplicate or cause to be duplicated, or steal any cage tag issued under this part. (7) 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. (8) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment, threat, or coercion any NMFS-approved observer or sea sampler aboard a vessel conducting his or her duties aboard a vessel, or any authorized officer conducting any search, inspection, investigation, or seizure in connection with [[Page 313]] 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). (9) Refuse to carry an observer or sea sampler if requested to do so by the Regional Administrator. (10) To refuse reasonable assistance to either a NMFS-approved observer or sea sampler conducting his or her duties aboard a vessel. (11) Fish for surf clams or ocean quahogs in any area closed to surf clam or ocean quahog fishing. (12) 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. (13) Purchase, possess or receive for a commercial purpose, or attempt to purchase possess or receive for a commercial purpose, 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 unless otherwise specified in Sec. 648.17. (14) Produce, or cause to be produced, cage tags required under this part without written authorization from the Regional Administrator. (15) Tag a cage with a tag that has been rendered null and void or with a tag that has been previously used. (16) Tag a cage of surf clams with an ocean quahog cage tag or tag a cage of ocean quahogs with a surf clam cage tag. (17) Possess, import, export, transfer, land, 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. (18) Possess an empty cage to which a cage tag required by Sec. 648.75 is affixed or possess any cage that does not contain surf clams or ocean quahogs and to which a cage tag required by Sec. 648.75 is affixed. (19) Land or possess, after offloading, any cage holding surf clams 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). (20) Sell null and void tags. (21) Shuck surf clams or ocean quahogs harvested in or from the EEZ at sea, unless permitted by the Regional Administrator under the terms of Sec. 648.74. (22) Receive for a commercial purpose other than transport, surf clams 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. (23) Land unshucked surf clams 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. (24) Land unshucked surf clams 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. (25) Fail to comply with any of the notification requirements specified in Sec. 648.15(b). (26) Fish for, retain, or land both surf clams and ocean quahogs in or from the EEZ on the same trip. (27) Fish for, retain, or land ocean quahogs in or from the EEZ on a trip designated as a surf clam fishing trip under Sec. 648.15(b), or fish for, retain, or land surf clams in or from the EEZ on a trip designated as an ocean quahog fishing trip under Sec. 648.15(b). (28) Fail to offload any surf clams 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. [[Page 314]] (29) Land or possess any surf clams or ocean quahogs harvested in or from the EEZ in excess of, or without, an individual allocation. (30) Transfer any surf clams or ocean quahogs harvested in or from the EEZ to any person for a commercial purpose, other than transport, without a surf clam or ocean quahog processor or dealer permit. (31) Fish for, possess, or land NE multispecies, unless: (i) The NE multispecies are being fished for or were harvested in or from the EEZ by a vessel holding a valid multispecies permit under this part, or a letter under Sec. 648.4(a)(1), and the operator on board such vessel has been issued an operator's permit and has a valid permit on board the vessel; (ii) The NE multispecies were harvested by a vessel not issued a multispecies permit that fishes for NE multispecies exclusively in state waters; (iii) The NE multispecies were harvested in or from the EEZ by a recreational fishing vessel; or (iv) Unless otherwise specified in Sec. 648.17. (32) Land, offload, remove, or otherwise transfer, or attempt to land, offload, remove or otherwise transfer multispecies from one vessel to another vessel, unless both vessels have not been issued multispecies permits and both fish exclusively in state waters, or unless authorized in writing by the Regional Administrator. (33) 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 the vessel is holding a 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, or unless the NE multispecies were harvested by a vessel without a multispecies permit that fishes for NE multispecies exclusively in state waters, or unless otherwise specified in Sec. 648.17. (34) Operate or act as an operator of a vessel fishing for or possessing NE multispecies in or from the EEZ, or holding a multispecies permit without having been issued and possessing a valid operator's permit. (35) 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), (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. (36) Fish with, use, or have available for immediate use within the area described in Sec. 648.80(b)(1), nets of mesh size 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 multispecies permit and fishes for multispecies exclusively in state waters, or unless otherwise specified in Sec. 648.17. (37) 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 multispecies permit and fishes for NE multispecies exclusively in state waters, or unless otherwise specified in Sec. 648.17. (38) 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 (d). (39) 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). (40) 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 (d). (41) Fail to comply with the gear-marking requirements of Sec. 648.84. (42) Fish within the areas described in Sec. 648.80(a)(6) with nets of mesh smaller than the minimum size specified in Sec. 648.80(a)(3) or (4). (43) 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)(12), the Nantucket Shoals mussel and sea [[Page 315]] 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; (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)(7), the SNE dogfish gillnet exemption area; (b)(8), the SNE mussel and sea urchin dredge exemption area; or (b)(9), the SNE little tunny gillnet exemption area. Each violation of any provision in Sec. 648.80 constitutes a separate violation. (44) 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. (45) 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). (46) Violate any terms of a letter authorizing experimental fishing pursuant to Sec. 648.12 or fail to keep such letter on board the vessel during the period of the experiment. (47) Fish for the species specified in Sec. 648.80(d) or (e) with a net of mesh size smaller than the applicable mesh size specified in Sec. 648.80(a)(2) or (3), (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 multispecies permit and fishes for NE multispecies exclusively in state waters, or unless otherwise specified in Sec. 648.17. (48) Violate any provision of the open access permit restrictions as provided in Sec. 648.88. (49) Violate any of the possession or landing restrictions on fishing with scallop dredge gear specified in Secs. 648.80(h) and 648.94. (50) Violate any provision of the state waters winter flounder exemption program as provided in Sec. 648.80(i). (51) Obstruct or constrict a net as described in Sec. 648.80(g) (1) or (2). (52) Enter, be on a fishing vessel in, or fail to remove gear from, the EEZ portion of the areas described in Sec. 648.81(g)(1) through (i)(1), and (n)(1), except as provided in Sec. 648.81(d), (g)(2), (h)(2), (i)(2), and (n)(2). (53) Possess, land, or fish for regulated species, except winter flounder as provided for in accordance with Sec. 648.80(i) and 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. 648.51 (a)(2)(ii) and (e)(2), or unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (54) 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 of this chapter, or fishing under a general scallop permit, unless said fish are caught, possessed or landed in accordance with Secs. 648.80 and 648.86, or unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (55) Purchase, possess, or receive as a dealer, or in the capacity of a dealer, regulated species in excess of the possession limit specified in Sec. 648.86 applicable to a vessel issued a multispecies permit, unless otherwise specified in Sec. 648.17. (56) Possess, or land per trip, scallops in excess of 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, unless: (i) The scallops were harvested by a vessel that has been issued and carries on board a general or limited access scallop permit; or (ii) The scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters. (57) Fish for, possess or land per trip, scallops in excess of 400 lb (181.44 kg) or 50 bu (17.62 hl) of in-shell scallops, unless: (i) The scallops were harvested by a vessel that has been issued and carries [[Page 316]] on board a limited access scallop permit, or (ii) The scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters. (58) Fish for, possess, or land per trip, scallops in excess of 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, unless: (i) The scallops were harvested by a vessel with an operator on board who has been issued an operator's permit and the permit is on board the vessel and is valid; or (ii) The scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters. (59) Have a shucking or sorting machine on board a vessel that shucks scallops at sea, while in possession of more than 400 lb (181.44 kg) of shucked scallops, unless that vessel has not been issued a scallop permit and fishes exclusively in state waters. (60) 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. (61) Sell, barter or trade, or otherwise transfer, or attempt to sell, barter or trade, or otherwise transfer, for a commercial purpose, any scallops from a trip whose catch is 40 lb (18.14 kg) of shucked scallops or less, or 5 bu (176.1 L) of in-shell scallops, unless the vessel has been issued a valid general or limited access scallop permit, or the scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters. (62) Purchase, possess, or receive for a commercial purpose, or attempt to purchase, possess, or receive for a commercial purpose, in the capacity of a dealer, scallops taken from a fishing vessel that were harvested in or from the EEZ, unless issued, and in possession of, a valid scallop dealer's permit. (63) Purchase, possess, or receive for commercial purposes, or attempt to purchase or receive for commercial purposes, scallops caught by 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. (64) Operate or act as an operator of a vessel fishing for or possessing any species of fish regulated by this part in or from the EEZ, or issued a permit pursuant to this part, without having been issued and possessing a valid operator's permit. (65) Possess in or harvest from the EEZ summer flounder, 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. (66) 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). (67) Purchase or otherwise receive, except for transport, 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. (68) Purchase or otherwise receive for commercial purposes summer flounder caught by other than a vessel with a summer flounder moratorium permit not subject to the possession limit of Sec. 648.105. (69) 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. (70) Fail to comply with any sea turtle conservation measure specified in Sec. 648.106, including any sea turtle conservation measure implemented by notification in the Federal Register in accordance with Sec. 648.106(d). (71) Use any vessel of the United States for taking, catching, harvesting, fishing for, or landing any Atlantic salmon taken from or in the EEZ. (72) Transfer, directly or indirectly, or attempt to transfer to any vessel [[Page 317]] any Atlantic salmon taken in or from the EEZ. (73) Take, retain, possess, or land more mackerel, squid or butterfish than specified under a notification issued under Sec. 648.22. (74) Possess nets or netting with mesh not meeting the minimum size requirement of Sec. 648.23 and not stowed in accordance with the requirements of Sec. 648.23, if in possession of Loligo harvested in or from the EEZ. (75) 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 the species for which the vessels are permitted or have a valid squid/ butterfish incidental catch permit and a letter of authorization from the Regional Administrator. (76) Purchase, possess or receive for a commercial purpose, or attempt to purchase, possess, or receive for a commercial purpose, in the capacity of a dealer, except for transport on land, mackerel, squid, and butterfish taken from a fishing vessel unless issued, and in possession of a valid mackerel, squid, and butterfish fishery dealer permit. (77) Purchase or otherwise receive for a commercial purpose, mackerel, squid, and butterfish caught by other than a vessel issued a mackerel, squid, and butterfish permit, unless the vessel has not been issued a permit under this part and fishes exclusively within the waters under the jurisdiction of any state. (78) [Reserved] (79) Violate any other provision of this part, the Magnuson Act, or any regulation, notice, or permit issued under the Magnuson Act. (80) Possess scup in or harvested from the EEZ north of 35 deg.15.3[min] N. lat. in an area closed, or before or after a season established pursuant to Sec. 648.122, or in excess of the possession limit established pursuant to Sec. 648.125. (81) To purchase or otherwise receive for a commercial purpose scup harvested from the EEZ north of 35 deg.15.3[min] N. lat., or from a vessel issued a scup moratorium permit after the effective date of the notification published in the Federal Register stating that the commercial quota has been harvested. (82) Land scup harvested in or from the EEZ north of 35 deg.15.3[min] N. lat. after the effective date of the notification published in the Federal Register stating that the commercial quota has been harvested. (83) Possess scup harvested in or from the EEZ north of 35 deg.15.3[min] N. lat. that do not meet the minimum fish size specified in Sec. 648.124. (84) 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 (500 lb (226.8 kg) or more from November 1- April 30, or 100 lb (45.4 kg) or more from May 1-October 31), unless the vessel meets the gear restrictions in Sec. 648.123. (85) Fish for, catch, or retain scup in or from the EEZ north of 35 deg.15.3[min] N. lat. for sale, barter, or trade, after January 1, 1997, unless the vessel has been issued a valid moratorium permit pursuant to Sec. 648.4(a)(6). (86) Sell or transfer scup harvested in or from the EEZ north of 35 deg.15.3[min] N. lat. after January 1, 1997, unless the vessel has been issued a valid moratorium permit pursuant to Sec. 648.4(a)(6). (87) Fish for, catch, or retain scup in or from the EEZ north of 35 deg.15.3[min] N. lat. on board a party or charter boat after January 1, 1997, unless the vessel has been issued a valid party or charter boat permit pursuant to Sec. 648.4(a)(6)(ii). (88) Fish with or possess scup pots or traps in the EEZ north of 35 deg.15.3[min] N. lat. that have a rectangular escape vent, any side of which is less than 2.25 inches (5.7 cm) in length. (89) Fail to remove, use, set, haul back, fish with, or possess on board a vessel, unless stowed in accordance with Sec. 648.81(e)(4), sink gillnet gear and other gillnet gear capable of catching 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. 648.87 (a) and (b), except as provided in Secs. 648.81(f)(2)(ii) and 648.87 (a) and (b), or unless otherwise authorized in writing by the Regional Administrator. (90) 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 [[Page 318]] other gillnet gear capable of catching multispecies, with the exception of single pelagic gillnets (as described in Sec. 648.81(g)(2)(ii)), in the areas and for the times specified in Sec. 648.87(a) and (b), except as provided in Secs. 648.81(g)(2)(ii) and 648.87(a) and (b), or unless otherwise authorized in writing by the Regional Administrator. (91) Possess in or harvest from the EEZ from 35 deg.15.3[min] N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.- Canada border, black sea bass 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 and has not been surrendered, revoked, or suspended; (92) 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) (i.e., 500 lb (226.8 kg) from January 1 through March 31, or 100 lb (45.4 kg) from April 1 through December 31), unless the vessel meets the gear restrictions of Sec. 648.144(a). (93) Purchase or otherwise receive for commercial purposes black sea bass caught in the EEZ from 35 deg.15.3[min] N. lat., the latitude of Cape Hatteras Light, North Carolina, northward to the U.S.-Canada border, by other than a vessel with a moratorium permit not subject to the possession limit established pursuant to Sec. 648.145 unless the vessel has not been issued a permit under this part and is fishing exclusively within the waters under the jurisdiction of any state. (94) Possess or use rollers used in roller rig or rock hopper trawl gear that do not meet the minimum size requirement of Sec. 648.144 if the person possesses black sea bass harvested in or from the EEZ from 35 deg.15.3[min] N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada border. (95) Possess or use pot and trap gear not meeting the requirements of Sec. 648.144 if the person possesses black sea bass harvested in or from the EEZ from 35 deg.15.3[min] N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada border. (96) Purchase or otherwise receive for commercial purposes black sea bass landed for sale by a moratorium vessel in any state, or part thereof, north of 35 deg.15.3[min] N. lat., after the effective date of the notification published in the Federal Register stating that the commercial quarterly quota has been harvested and the EEZ is closed to the harvest of black sea bass. (97) [Reserved] (98) 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). (99) 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). (100) 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). (101) 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). (102) Enter or fish in the Gulf of Maine, Georges Bank, and Southern New England Regulated Mesh Areas, except as provided in Secs. 648.80(a)(3)(vi) and (b)(2)(vi), and for purposes of transiting, provided that all gear (other than exempted gear) is stowed in accordance with Sec. 648.23(b). (103) Sell, barter, trade, or transfer, or attempt to sell, barter, trade, or transfer, other than solely for transport, any Atlantic herring, multispecies, or monkfish, 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. [[Page 319]] (104) Fish for, harvest, possess, or land regulated species in or from the closed areas specified in Sec. 648.81(a), (b), (c), (g), (h), and (i), unless otherwise specified in Sec. 648.81(c)(2)(iii), (g)(2)(i), and (g)(2)(iii). (105) Offload unshucked surf clams 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. (106) Offload unshucked surf clams harvested in or from the EEZ within the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages. (107) 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. (108) Purchase, receive for a commercial purpose other than transport to a testing facility, or process, or attempt to purchase, receive for commercial 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. (109) 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, unless the vessel is fishing for an individual allocation of ocean quahogs under Sec. 648.70. (110) Fish for, possess, or land sea scallops in or from the areas described in Sec. 648.57, except as allowed under Secs. 648.52(e) and 648.58. (111) Transit or be in the areas described in Sec. 648.57 when fishing under a scallop DAS, except: As allowed under Sec. 648.58; or when all scallop gear is unavailable for immediate use as defined in Sec. 648.23(b), unless there is a compelling safety reason to be in such areas without all such gear being unavailable for immediate use. (112) 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). (113) 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. (114) Fish for, possess, or land species regulated under this part with or from a vessel that is issued a limited access permit under Secs. 648.4(a)(1)(i), 648.4(a)(2)(i), 648.4(a)(3)(i), 648.4(a)(4)(i), 648.4(a)(5)(i), 648.4(a)(6)(i), or Sec. 648.4(a)(7)(i), and 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). (115) Fish for, possess, or land species regulated under this part with or from a vessel issued a limited access permit under Secs. 648.4(a)(1)(i), 648.4(a)(2)(i), 648.4(a)(3)(i), 648.4(a)(4)(i), 648.4(a)(5)(i), 648.4(a)(6)(i), or Sec. 648.4(a)(7)(i), that has had the 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). (116) 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)(v) with trawl gear where the diameter of any part of the trawl footrope, including discs, rollers or rockhoppers, is greater than 12 inches (30.48 cm). (117) Fish for, land, or possess NE multispecies harvested with brush-sweep trawl gear unless the vessel has [[Page 320]] not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (118) Possess brush-sweep trawl gear while in possession of NE multispecies, unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (119) Purchase or otherwise receive, except for transport, spiny dogfish from any person on board a vessel issued a spiny dogfish permit, unless the purchaser/receiver is in possession of a valid spiny dogfish dealer permit. (120) 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 effective date of notification published in the Federal Register stating that the semi-annual quota has been harvested and the EEZ is closed to the harvest of spiny dogfish. (121) Enter, be on a fishing vessel in, or fail to remove gear from, the EEZ portion of the areas described in Sec. 648.81(n) during the time periods specified, except as provided in Sec. 648.81(d) and (n)(2). (122) 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 modified, obstructed, or constricted, as specified in Sec. 648.122 and Sec. 648.123(a), unless the nets or netting are stowed in accordance with Sec. 648.23(b). (123) 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 multispecies permit and fishes for NE multispecies exclusively in state waters. (124) 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 multispecies permit and fishes for NE multispecies exclusively in state waters. (125) For vessels issued a limited access NE multispecies permit, or those issued a limited access NE multispecies permit and a limited access monkfish Category C or D permit 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 hour before leaving port. (126) Call in DAS in excess of that allocated under the methods described in Sec. 648.82(l). (b) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any owner or operator of a vessel holding a valid multispecies permit, or any person issued an operator's permit or issued a letter under Sec. 648.4(a)(1)(i)(M)(3), to do any of the following: (1) Land, or possess on board a vessel, more than the possession or landing limits specified in Sec. 648.86(a), (b), (c), (d), (e), and (h) or to violate any of the other provisions of Sec. 648.86, unless otherwise specified in Sec. 648.17. (2) 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(g)(2)(iii) when fishing in the areas described in Sec. 648.81(g)(1) through (i)(1), during the time periods specified in those sections. (3) Possess in, or harvest from the EEZ southward of 40 deg.00' N. lat., any yellowtail flounder unless fishing under recreational or charter/party regulations, or transiting in accordance with Sec. 648.23(b). (4) Fish for, land, or possess yellowtail flounder unless in compliance with the provisions of the trip landings and/or maximum possession limits specified in Sec. 648.86(h). (c) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this section, it is unlawful for any owner or operator of a vessel issued a valid limited access multispecies permit or a letter under Sec. 648.4(a)(1)(i)(M)(3), unless otherwise specified in Sec. 648.17, to do any of the following: (1) Fish for, possess at any time during a trip, or land per trip more than the possession limit of NE multispecies [[Page 321]] 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 under Sec. 648.82(b)(3) or Sec. 648.89. (2) For purposes of DAS notification, if required or electing to have a VMS unit under Sec. 648.10: (i) 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. (ii) Fail to comply with the notification, replacement, or any other requirements regarding VMS usage as specified in Sec. 648.10(b). (3) Combine, transfer, or consolidate DAS allocations. (4) 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). (5) 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). (6) Fail to comply with any provision of the DAS notification program as specified in Sec. 648.10. (7) Possess or land per trip more than the possession or landing limits specified under Sec. 648.86(a), (b), (c), (d), (e), and (h), and under Sec. 648.82(b)(3), if the vessel has been issued a limited access multispecies permit. (8) 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 multispecies permit and fishes with hook-gear in areas specified under Sec. 648.80(a), (b), and (c). (9) 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. (10) Enter, fail to remove sink gillnet gear or gillnet gear capable of catching multispecies from, or be in the areas, and for the times, described in Sec. 648.87(a) and (b), except as provided in Sec. 648.81(d) and (g)(2), and in Sec. 648.87(a)(1)(ii). (11) If the vessel has been issued a limited access multispecies permit and fishes under a multispecies DAS, fail to comply with gillnet requirements and restrictions specified in Sec. 648.82(k). (12) If the vessel has been issued a limited access Day gillnet category designation, fail to comply with the restriction and requirements specified in Sec. 648.82(k)(1). (13) If the vessel has been issued a Day gillnet category designation, fail to remove gillnet gear from the water as described in Sec. 648.82(g) and Sec. 648.82(k)(1)(iv) and (5). (14) Fail to comply with the tagging requirements for a day gillnet vessel as described in Sec. 648.82(k)(1)(ii), or fail to produce or, cause to be produced, gillnet tags when requested by an authorized officer. (15) Produce, or cause to be produced, gillnet tags under Sec. 648.82(k)(1) or (2), without the written confirmation from the Regional Administrator described in Sec. 648.82(k)(1)(ii) or (2)(ii). (16) Tag a gillnet or use a gillnet tag that has been reported lost, missing, destroyed, or issued to another vessel. (17) Sell, transfer, or give away gillnet tags that have been reported lost, missing, destroyed, or issued to another vessel. (18) If the vessel has been issued a Trip gillnet category designation, fail to comply with the restrictions and requirements specified in Sec. 648.82(k)(2). (19) Fail to comply with the exemption specifications as described in Sec. 648.86(b)(4). (20) [Reserved] (21) Fail to declare, and be, out of the non-exempt gillnet fishery as required by Sec. 648.82(k)(1)(iv), using the procedure described under Sec. 648.82(h), as applicable. (22) Fail to comply with the exemption specifications as described in Sec. 648.17. (23) Fail to enter port and call-out of the DAS program no later than 14 DAS after starting a multispecies DAS trip (i.e., the time a vessel leaves port or when the vessel received a DAS authorization number, whichever comes first), as specified in Sec. 648.10(f)(3), unless otherwise specified in Sec. 648.86(b)(1)(ii) or (2)(ii). [[Page 322]] (24) Enter port, while on a multispecies DAS trip, in possession of more that the allowable limit of cod specified in Sec. 648.86(b)(1)(i), unless the vessel is fishing under the cod exemption specified in Sec. 648.86(b)(4). Under no circumstances may such trip exceed 14 days in length. (25) Fail to remain in port for the appropriate time specified in Sec. 648.86(b)(1)(ii)(A), except for transiting purposes, provided the vessel complies with Sec. 648.86(b)(3). (26) Enter port, while on a multispecies DAS trip, in possession of more than the allowable limit of cod specified in Sec. 648.86(b)(2)(ii). Under no circumstances may such trip exceed 14 days in length. (27) Possess or land per trip more than the possession or landing limit specified under Sec. 648.86(c). (28) Participate in the DAS program pursuant to Sec. 648.82 when carrying passengers for hire on board the vessel during any portion of a fishing trip. (29) Enter, be on a fishing vessel in, or fail to remove gear from, the areas described in Sec. 648.81(g)(1) through (i)(1), during the time periods specified, except as provided in Sec. 648.81(d), (g)(2), (h)(2) and (i)(2). (30) Enter, be on a fishing vessel in, or fail to remove gear from, the areas described in Sec. 648.81(n) during the time periods specified, except as provided in Sec. 648.81(d) and (n)(2). (31) 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(g)(2)(iii) when fishing in the areas described in Sec. 648.81(g)(1) through (i)(1) during the time periods specified in those sections. (32) If the vessel has been issued a limited access Trip gillnet category designation, fail to comply with the restrictions and requirements specified in Sec. 648.82(k)(2). (33) Fail to remain in port for the appropriate time specified in Sec. 648.86(b)(2)(ii)(A), except for transiting purposes, provided the vessel complies with Sec. 648.86(b)(3). (d) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of this section, it is unlawful for any person owning or operating a vessel issued a multispecies handgear permit to do any of the following, unless otherwise specified in Sec. 648.17: (1) 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. (2) Use, or possess on board, gear capable of harvesting NE multispecies, other than rod and reel or handline, while in possession of, or fishing for, NE multispecies. (3) Possess or land NE multispecies during the time period specified in Sec. 648.88(a)(2). (4) Violate any provision of the open access handgear permit restrictions as provided in Sec. 648.88(a). (e) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraphs (a) through (d) of this section, 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. (f) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person owning or operating a vessel issued a limited access scallop permit or a general scallop permit under Sec. 648.4(a)(2) to land, or possess at or after landing, in-shell scallops smaller than the minimum shell height specified in Sec. 648.50(a). (g) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and the prohibitions specified in paragraphs (a) through (f) of this section, it is unlawful for the owner or operator of a charter or party boat issued a multispecies permit, or of a recreational vessel, as applicable, unless otherwise specified in Sec. 648.17, to: (1) Fish with gear in violation of the restrictions specified in Sec. 648.89(a). (2) Possess cod, haddock, and Atlantic halibut in excess of the possession limits specified in Sec. 648.89(c). [[Page 323]] (3) 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). (h) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraphs (a) and (g) of this section, 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: (1) Possess, or land per trip, more than 400 lb (181.44 kg) of shucked, or 50 bu (17.62 hl) of in-shell scallops after using up the vessel's annual DAS allocation or when not participating under the DAS program pursuant to Sec. 648.10, unless exempted from DAS allocations as provided in Sec. 648.54. (2) Land scallops on more than one trip per calendar day after using up the vessel's annual DAS allocation or when not participating under the DAS program pursuant to Sec. 648.10, unless exempted from DAS allocations as provided in Sec. 648.55. (3) 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. (4) If the vessel is not subject to VMS requirements specified in Sec. 648.10(a), fail to comply with the requirements of the call-in system specified in Sec. 648.10(b). (5) Combine, transfer, or consolidate DAS allocations. (6) Have an ownership interest in more than 5 percent of the total number of vessels issued limited access scallop permits, except as provided in Sec. 648.4(a)(2)(i)(H). (7) Fish for, possess, or land scallops 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)(2)(i) (E) or (F). (8) Fish for, possess, or land scallops 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)(2)(i) (E) or (F). (9) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 l) of in shell scallops or participate in the DAS allocation program, 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)(2)(ii). (10) Fish under the DAS allocation program with, or have available for immediate use, trawl nets of mesh smaller than the minimum size specified in Sec. 648.51(a)(2). (11) Fish under the DAS allocation program with trawl nets that use chafing gear or other means or devices that do not meet the requirements of Sec. 648.51(a)(3). (12) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops or participate in the DAS allocation program, while in possession of dredge gear that has a maximum combined dredge width exceeding 31 ft (9.4 m), measured at the widest point in the bail of each dredge, except as specified in Sec. 648.51(b)(1). (13) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops, or fish under the DAS allocation program, while in possession of dredge gear that uses net or net material, or any other material, on the top half of the dredge with a mesh size smaller than that specified in Sec. 648.51(b)(2), unless otherwise prohibited under paragraph (h)(27) of this section. (14) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops, or fish under the DAS allocation program, while in possession of dredge gear containing rings that have minimum sizes smaller than those specified in Sec. 648.51(b)(3). (15) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, or participate in the DAS allocation program, while in possession of dredge gear that uses links between rings of the gear or ring configurations that do not conform to the specifications described in Sec. 648.51(b)(4)(ii). (16) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, or participate in the DAS allocation program, while in possession of dredge gear that uses cookies or chafing gear, or other gear, means, or [[Page 324]] devices on the top half of a dredge that obstruct the openings in or between the rings, except as specified in Sec. 648.51(b)(4). (17) Participate in the DAS allocation program with more than the number of persons specified in Sec. 648.51(c), including the operator, on board when the vessel is not docked or moored in port, unless otherwise authorized by the Regional Administrator. (18) 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. (19) Fish under the small dredge program as specified in Sec. 648.51(e) with more than five persons, including the operator, aboard the vessel, unless otherwise authorized by the Regional Administrator. (20) 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. (21) Refuse or fail to carry an observer if requested to do so by the Regional Administrator. (22) Fail to provide an observer with required food, accommodations, access, and assistance, as specified in Sec. 648.11. (23) Fail to comply with any requirement for declaring in and out of the DAS allocation program as specified in Sec. 648.10. (24) Fail to comply with any requirement for participating in the DAS Exemption Program as specified in Sec. 648.54. (25) Fish with, possess on board, or land scallops while in possession of trawl nets, when fishing for scallops under the DAS allocation program, unless exempted as provided for in Sec. 648.51(f). (26) Fail to comply with the restriction on twine top described in Sec. 648.51(b)(4)(iv). (27) Enter or be in the areas described in Sec. 648.57 when fishing with scallop dredge gear under the Sea Scallop Area Access Program specified in Sec. 648.58, with a net, net material, or any other material on the top half of the dredge with mesh size smaller than that specified in Sec. 648.58(c)(7). (28) Fail to comply with any of the provisions and specifications of Sec. 648.58. (29) Possess or land per trip more than 50 bu (17.62 hectoliters (hl)) of in-shell scallops, as specified in Sec. 648.52(d), once inside the VMS Demarcation Line by a vessel that, at any time during the trip, fished in or transited any area south of 42 deg.20[min] N. Latitude, except as provided in Sec. 648.54. (30) Land per trip more than 100 lb (45.36 kg) of scallop meats as specified in Sec. 648.52(e) in or from the areas described in Sec. 648.57 when fishing under a scallop DAS but not declared into the Sea Scallop Area Access Program or when fishing outside of the scallop DAS program. (31) Possess more than 100 lb. (45.36 kg) of scallop meats in the areas described in Sec. 648.57 when fishing under a scallop DAS but not declared into the Sea Scallop Area Access Program or when fishing outside of the scallop DAS program, unless the vessel's fishing gear is unavailable for immediate use as defined in Sec. 648.23(b), or, there is a compelling safety reason to be in such areas without all such gear being unavailable for immediate use. (32) Except as allowed in Sec. 648.52(e), land in-shell scallops in or from the areas described in Sec. 648.57 when fishing under a scallop DAS but not declared into the Sea Scallop Area Access Program or when fishing outside of the scallop DAS program. (33) Except as allowed in Sec. 648.52(e), possess in-shell scallops in the areas described in Sec. 648.57 when fishing under a scallop DAS but not declared into the Sea Scallop Area Access Program or when fishing outside of the scallop DAS program, unless the vessel's fishing gear is unavailable for immediate use as defined in Sec. 648.23(b), or, there is a compelling safety reason to be in such areas without all such gear being unavailable for immediate use. (i) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraphs (a), (f), and (g) of this section, it is unlawful for any person owning or operating a vessel issued a general scallop permit to do any of the following: [[Page 325]] (1) Possess, or land per trip, more than 400 lb (181.44 kg) of shucked or 50 bu (17.62 hl) of in-shell scallops. (2) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops while in possession of, or fish for scallops with, dredge gear that has a maximum combined dredge width exceeding 31 ft (9.4 m), measured at the widest point in the bail of each dredge, except as specified in Sec. 648.51(b)(1). (3) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops while in possession of, or fish for scallops with, dredge gear that uses net or net material on the top half of the dredge of a minimum mesh size smaller than that specified in Sec. 648.51(b)(2). (4) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops while in possession of, or fish for scallops with, dredge gear containing rings that have minimum sizes smaller than those specified in Sec. 648.51(b)(3). (5) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops while in possession of, or fish for scallops with, dredge gear that uses links between rings of the gear or ring configurations that do not conform to the specifications described in Sec. 648.51(b)(4)(ii). (6) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops while in possession of, or fish for scallops with, dredge gear that uses cookies or chafing gear, or other gear, means, or devices on the top half of a dredge that obstruct the openings in or between the rings, except as specified in Sec. 648.51(b)(4). (7) Fish for, or land, more than 40 lb (18.14 kg) of scallops on more than one trip per calendar day. (8) Possess, retain, or land per trip no more than 100 lb (45.36 kg) of shucked scallops in or from the areas described in Sec. 648.57. (9) Except as allowed in Sec. 648.52(e), possess or land in-shell scallops in or from the areas described in Sec. 648.57. (j) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, 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: (1) Possess 100 lb or more (45.4 kg or more) of summer flounder between May 1 and October 31, or 200 lb or more (90.7 kg or more) of summer flounder between November 1 and April 30, unless the vessel meets the minimum mesh size requirement specified in Sec. 648.104(a), or is fishing in the exempted area with an exemption permit as specified in Sec. 648.104(b)(1), or holds an exemption permit and is in transit from the exemption area with nets properly stowed as specified in Sec. 648.104(f), or is fishing with exempted gear specified in Sec. 648.104(b)(2). (2) Possess summer flounder in other than a box 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). (3) Land summer flounder for sale in a state after the effective date of the notification in the Federal Register notifying permit holders that commercial quota is no longer available in that state. (4) 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(f). (5) 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). (6) 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. (7) Sell or transfer to another person for a commercial purpose, other than transport, any summer flounder, unless the transferee has a valid summer flounder dealer permit. (8) Carry passengers for hire, or carry more than three crew members for a charter boat or five crew members for [[Page 326]] a party boat, while fishing commercially pursuant to a summer flounder moratorium permit. (9) Offload, remove, or otherwise transfer, or attempt to offload, remove or otherwise transfer summer flounder from one vessel to another, unless that vessel has not been issued a summer flounder permit and fishes exclusively in state waters. (k) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, 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: (1) 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. (2) Fail to keep scup separate from other species if fishing with nets having mesh that does not meet the minimum mesh-size restrictions specified in Sec. 648.123(a). (3) Land scup for sale after the effective date of the notification published in the Federal Register stating that the commercial quota has been harvested. (4) Possess nets or netting that do not meet the minimum mesh restrictions or that are modified, obstructed or constricted, if subject to the minimum mesh requirements specified in Sec. 648.123(a), unless the nets or netting are stowed in accordance with Sec. 648.23(b). (5) Fish with nets or netting that do not meet the minimum mesh restriction or that are modified, obstructed or constricted while in possession of scup in excess of the threshold amount specified in Sec. 648.123. (6) As of January 1, 1997, sell or transfer to another person for a commercial purpose, other than transport on land, any scup, unless the transferee has a dealer permit issued under Sec. 648.6. (7) 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). (8) Use a scup pot or trap that does not have the hinges and fasteners made of degradable materials as specified in Sec. 648.123. (9) Use a scup trap or pot that does not have a minimum escape vent of the size specified in Sec. 648.123. (10) Use roller rig trawl gear equipped with rollers greater than the size specified in Sec. 648.123. (11) Possess scup in, or harvested from, the EEZ in an area closed, or before or after a season established pursuant to Sec. 648.122. (12) Use a scup trap or pot that is not marked in accordance with Sec. 648.123(b)(3). (l) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, 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 carrying more than three crew members if a charter boat or more than five members if a party boat to: (1) Possess scup in excess of the possession limit established pursuant to Sec. 648.125. (2) Fish for scup other than during a season established pursuant to Sec. 648.122. (3) Sell scup or transfer scup to another person for a commercial purpose. (4) Possess scup that do not meet the minimum fish size specified in Sec. 648.124(b). (m) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, 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: (1) Possess summer flounder in excess of the possession limit established pursuant to Sec. 648.105. (2) Fish for summer flounder other than during a season specified pursuant to Sec. 648.102. [[Page 327]] (3) Sell or transfer summer flounder to another person for a commercial purpose. (n) It is unlawful to violate any terms of a letter authorizing experimental fishing pursuant to Sec. 648.12 or to fail to keep such letter aboard the vessel during the time period of the experimental fishing. (o) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person owning or operating a vessel issued a surf clam and ocean quahog permit or issued a surf clam and ocean quahog allocation permit under Sec. 648.70, to land or possess any surf clams or ocean quahogs in excess of, or without, an individual allocation, or to transfer any surf clams or ocean quahogs to any person for a commercial purpose other than transport, unless that person has a surf clam and ocean quahog processor/dealer permit. (p) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, 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: (1) Possess more than the incidental catch allowance of Loligo or butterfish, unless issued a Loligo squid and butterfish fishery moratorium permit. (2) Possess more than the incidental catch allowance of Illex squid unless issued an Illex squid moratorium permit. (3) Take, retain, possess, or land mackerel, squid or butterfish in excess of a possession allowance specified under Sec. 648.22. (4) Take, retain, possess, or land mackerel, squid or butterfish after a total closure specified under Sec. 648.22. (5) Fish with or possess nets or netting that do not meet the minimum mesh requirement for Loligo specified in Sec. 648.23(a), or that are modified, obstructed, or constricted, if subject to the minimum mesh requirement, 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). (6) Transfer squid or butterfish at sea to another vessel unless that other vessel has been issued a valid Loligo and butterfish or Illex moratorium permit and are transferring the species for which the vessel is permitted or a valid squid/butterfish incidental catch permit and a letter of authorization by the Regional Administrator. (7) Fail to comply with any measures implemented pursuant to Sec. 648.21. (8) Carry passengers for hire while fishing commercially under a mackerel, squid, and butterfish fishery permit. (9) Fail to carry on board a letter of authorization, if fishing in an experimental fishery pursuant to Sec. 648.12. (10) 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 of 3000 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). (q) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, 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: (1) Violate any recreational fishing measures established pursuant to Sec. 648.21(d). (2) Sell or transfer mackerel, squid, or butterfish to another person for a commercial purpose. (r) [Reserved] (s) Any person possessing or landing per trip, scallops in excess of 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops, at or prior to the time when those scallops are received or possessed by a dealer, is subject to all of the scallop prohibitions specified in this section, unless the scallops were harvested by a vessel without a scallop permit that fishes for scallops exclusively in state waters. Any person, regardless of the quantity of scallops possessed or landed, is subject to the prohibitions of paragraphs (a)(4) through [[Page 328]] (7), (10), (11), (68), (69), (71), (72), (73), and (87) of this section. (t) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this section, it is unlawful for any owner or operator of a vessel issued a valid open access 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. (u) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, unless participating in a 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: (1) Fish for, catch, possess, land, or retain black sea bass in excess of the amount specified in Sec. 648.144(a)(1)(i)(i.e. 500 lb (226.8 kg) from January 1 through March 31, or 100 lb (45.4 kg) from April 1 through December 31), unless the vessel meets the minimum mesh requirement specified in Sec. 648.144 (a). (2) Possess black sea bass in other than a box specified in Sec. 648.145(d) if fishing with nets having mesh that does not meet the minimum mesh-size requirement specified in Sec. 648.144 (a). (3) Land black sea bass for sale in any state, or part thereof, north or south of 35 deg.15.3[min] N. lat., after the effective date of the notification published in the Federal Register stating that the commercial quarterly quota has been harvested and the EEZ is closed to the harvest of black sea bass. (4) 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. 648.144, unless the nets or netting are stowed in accordance with Sec. 648.23(b). (5) Fish with or possess rollers used in roller rig or rock hopper trawl gear that do not meet the requirements specified in Sec. 648.144(a)(5). (6) Fish with or possess pots or traps that do not meet the requirements specified in Sec. 648.144(b). (7) Sell or transfer to another person for a commercial purpose, other than transport on land, any black sea bass, unless the transferee has a valid black sea bass dealer permit. (8) 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 black sea bass moratorium permit. (9) 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. (10) Land black sea bass for sale in any state south of North Carolina. (11) Possess black sea bass harvested in or from the EEZ north or south of 35 deg.15.3[min] N. lat. after the effective date of the notification published in the Federal Register stating that the commercial quarterly quota has been harvested and the EEZ is closed to the harvest of black sea bass. (v) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in Sec. 648.140(e), it is unlawful for the owner and 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: (1) Possess black sea bass in excess of the possession limit established pursuant to Sec. 648.145. (2) Fish for black sea bass other than during a season specified pursuant to Sec. 648.142. (3) Sell black sea bass or transfer black sea bass to another person for a commercial purpose. (w) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, 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) 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 [[Page 329]] board the vessel and has not been surrendered, revoked, or suspended. (2) Purchase, possess or receive for a commercial purpose, or attempt to purchase, possess, or receive for a commercial purpose, in the capacity of a dealer, except solely for transport on land, Atlantic bluefish taken from a fishing vessel that were harvested in or from the EEZ unless issued, and in possession of, a valid Atlantic bluefish fishery dealer permit issued under Sec. 648.6(a). (3) Sell, barter, trade or transfer, or attempt to sell, barter, trade or otherwise transfer, other than for transport, Atlantic 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). (4) Land Atlantic bluefish for sale in a state after the effective date of the notification in the Federal Register , pursuant to Sec. 648.161(b), which notifies permit holders that the commercial quota is no longer available in that state. (5) 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 an Atlantic bluefish permit issued under Sec. 648.4(a)(8). (6) Land Atlantic bluefish for sale after the effective date of the notification in the Federal Register pursuant to Sec. 648.161(a), which notifies permit holders that the Atlantic bluefish fishery is closed. (7) To 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. (8) To 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. (x) For purposes of this section, the following presumptions apply: (1) Surf clams and ocean quahogs. (i) Possession of surf clams 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, or the presence of any part of a vessel's gear in the water more than 12 hours after an announcement closing the entire fishery becomes effective, is prima facie evidence that such vessel was fishing in violation of the provisions of the Magnuson Act and these regulations. (ii) Surf clams 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) Surf clams 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 surf clam and ocean quahog permit issued under Sec. 648.4 and he/she conducted fishing operations exclusively within waters under the jurisdiction of any state. Surf clams and ocean quahogs in cages with a Federal tag or tags, issued and still valid pursuant to this section, 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). (2) Scallops. 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 all submitted evidence demonstrates that such scallops were harvested by a vessel without a scallop permit and fishing exclusively for scallops in state waters. (3) Summer flounder. All summer flounder possessed aboard a party or charter boat issued a summer flounder permit are deemed to have been harvested from the EEZ. (4) NE multispecies. (i) Regulated species possessed for sale that do not meet [[Page 330]] the minimum sizes specified in Sec. 648.83 for sale 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 for sale 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. (iii) 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. (5) Mackerel, squid, and butterfish. 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. (6) Scup. All scup possessed on board a party or charter boat issued a permit under Sec. 648.4 are deemed to have been harvested from the EEZ. (7) Black sea bass. All black sea bass possessed on board a party or charter boat issued a permit under Sec. 648.4(a)(7)(ii) are deemed to have been harvested from U.S. waters of the western Atlantic Ocean from 35 deg.15.3[min] N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada border. (8) Monkfish. All monkfish retained or possessed on a vessel issued any permit under Sec. 648.4 are deemed to have been harvested from the EEZ. (9) 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. (10) Atlantic herring. 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. (11) Tilefish. 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. (y) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person owning or operating a vessel issued a limited access monkfish permit to do any of the following: (1) Fish for, possess, retain or land monkfish, unless: (i) The monkfish are being fished for or were harvested in or from the EEZ by a vessel issued a valid monkfish permit under this part and the operator on board such vessel has been issued an operator permit that is on board the vessel; or (ii) The monkfish were harvested by a vessel not issued a monkfish permit that fishes for monkfish exclusively in state waters; or (iii) The monkfish were harvested in or from the EEZ by a vessel engaged in recreational fishing. (2) 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. (3) Sell, barter, trade, or otherwise transfer, or attempt to sell, barter, trade, or otherwise transfer for a commercial purpose, any monkfish, unless the vessel has been issued a monkfish permit, or unless the monkfish were harvested by a vessel with no monkfish permit that fishes for monkfish exclusively in state waters. (4) Fish for, possess, retain, or land monkfish, or operate or act as an operator of a vessel fishing for or possessing monkfish in or from the EEZ [[Page 331]] without having been issued and possessing a valid operator permit. (5) Fish with, use, or have on board, while fishing under a monkfish DAS within the Northern Fishery Management Area or Southern Fishery Management Area as described in Sec. 648.91(a) and (b), nets with mesh size smaller than the minimum mesh size specified in Sec. 648.91(c). (6) Violate any provision of the incidental catch permit restrictions as provided in Secs. 648.4(a)(9)(ii) and 648.94(c). (7) Possess, land, or fish for monkfish while in possession of 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, except for vessels with no monkfish permit that fish for monkfish exclusively in state waters. (8) 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 as is applicable to a vessel issued a monkfish limited access or incidental catch permit. (9) Fail to comply with the monkfish size limit restrictions of Sec. 648.93. (10) Fail to comply with the monkfish liver landing restrictions of Sec. 648.94(d). (11) Fish for, possess or land monkfish as specified in Sec. 648.94 or when not participating in the monkfish DAS program pursuant to Sec. 648.92. (12) If carrying a VMS unit under Sec. 648.10: (i) 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. (ii) Fail to comply with the notification, replacement, or any other requirements regarding VMS usage as specified in Sec. 648.10. (13) Combine, transfer, or consolidate DAS allocations. (14) Fish for, possess, or land monkfish 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)(9)(i)(E) and (F). (15) Fish for, possess, or land monkfish with or from a vessel that has had the length, GRT, or NT of such vessel or its replacement upgraded or increased in excess of the limitations specified in Sec. 648.4(a)(9)(i)(E) and (F). (16) Fail to comply with any provision of the DAS notification program as specified in Sec. 648.10. (17) If the vessel has been issued a 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). (18) If the vessel is fishing under the gillnet category, fail to comply with the applicable restrictions and requirements specified in Sec. 648.92(b)(8). (19) Fail to produce, or cause to be produced, gillnet tags when requested by an authorized officer. (20) Tag a gillnet or use a gillnet tag that has been reported lost, missing, destroyed, or issued to another vessel, or use a false gillnet tag. (21) Sell, transfer, or give away gillnet tags that have been reported lost, missing, destroyed, or issued to another vessel. (z) Small-mesh multispecies. (1) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, and subject to paragraph (a)(32) of this section, 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) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, beginning May 1, 2003, it is unlawful for an owner or operator of a vessel issued a valid Federal multispecies permit to do any of the following: (i) Fish with, use or have available for immediate use within the areas described in Secs. 648.80(a), (b), and (c), nets of mesh size smaller than 3-in (7.62-cm), unless otherwise exempted pursuant to Sec. 648.80(a)(8). (ii) If issued a Federal multispecies permit, land or possess on board a vessel, more than 10,000 lb (4,536 kg) of combined whiting and offshore hake. (aa) In addition to the general prohibitions specified in Sec. 600.725 of this chapter, it is unlawful for any person owning or operating a vessel issued a [[Page 332]] valid spiny dogfish permit or issued an operator's permit to do any of the following: (1) Sell, barter, trade or transfer, or attempt to sell, barter, trade or otherwise transfer, other than for transport, spiny dogfish, unless the dealer or transferee has a dealer permit issued under Sec. 648.6(a). (2) Fish for or possess spiny dogfish harvested in or from the EEZ after the effective date of the notification published in the Federal Register stating that the semi-annual quota has been harvested and that the EEZ is closed to the harvest of spiny dogfish. (3) Land spiny dogfish for a commercial purpose after the effective date of the notification published in the Federal Register stating that the semi-annual quota has been harvested and that the EEZ is closed to the harvest of spiny dogfish. (4) Violate any of the provisions prohibiting finning in Sec. Sec. 600.1022 and 600.1023 that are applicable to the dogfish fishery. (5)-(6) [Reserved] (7) Possess more than the possession limit of spiny dogfish specified under Sec. 648.235. The possession limit is the maximum amount that may be landed in any 1 calendar day. (bb) In addition to the general prohibitions specified in Sec. 600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person to do any of the following: (1) Fish for, possess, retain or land Atlantic herring, unless: (i) The Atlantic herring are being fished for or were harvested in or from the EEZ by a vessel holding a valid Atlantic herring permit under this part, and the operator on board such vessel has been issued an operator permit that is on board the vessel; or (ii) The Atlantic herring were harvested by a vessel not issued an Atlantic herring permit that was fishing exclusively in state waters; or (iii) The Atlantic herring were harvested in or from the EEZ by a vessel engaged in recreational fishing; or (iv) Unless otherwise specified in accordance with Sec. 648.17. (2) Operate, or act as an operator of, a vessel with an Atlantic herring permit, or a vessel fishing for or possessing Atlantic herring in or from the EEZ, unless the operator has been issued, and is in possession of, a valid operator permit. (3) Purchase, possess, receive, or attempt to purchase, possess, or receive, as a dealer, or in the capacity of a dealer, Atlantic herring that were harvested in or from the EEZ, without having been issued, and in possession of, a valid Atlantic herring dealer permit. (4) Purchase, possess, receive, or attempt to purchase, possess, or receive, as a processor, or in the capacity of a processor, Atlantic herring from a fishing vessel with an Atlantic herring permit or from a dealer with an Atlantic herring dealer permit, without having been issued, and in possession of, a valid Atlantic herring processor permit. (5) Sell, barter, trade, or otherwise transfer, or attempt to sell, barter, trade, or otherwise transfer, for a commercial purpose, any Atlantic herring, unless the vessel has been issued an Atlantic herring permit, or unless the Atlantic herring were harvested by a vessel without an Atlantic herring permit that fished exclusively in state waters. (6) Purchase, possess, or receive, for a commercial purpose, or attempt to purchase, possess or receive, for a commercial purpose, Atlantic herring caught by a vessel without an Atlantic herring permit, unless the Atlantic herring were harvested by a vessel without an Atlantic herring permit that fished exclusively in state waters. (7) Possess, transfer, receive, or sell, or attempt to transfer, receive, or sell > 2,000 lb (907.2 kg) of Atlantic herring per trip, or land, or attempt to land > 2,000 lb (907.2 kg) of Atlantic herring per day in or from an area of the EEZ subject to restrictions pursuant to Sec. 648.202(a). (8) Possess, transfer, receive, or sell, or attempt to transfer, receive, or sell > 2,000 lb (907.2 kg) of Atlantic herring per trip, or land, or attempt to land > 2,000 lb (907.2 kg) of Atlantic herring per day in or from state waters subject to restrictions pursuant to Sec. 648.202(a), if the vessel has been issued a valid Atlantic herring permit. [[Page 333]] (9) Transfer or attempt to transfer Atlantic herring to a Canadian transshipment vessel that is permitted in accordance with Pub. L. 104- 297 after the amount of herring transshipped equals the amount of the BT specified pursuant to Sec. 648.200. (10) Transit an area of the EEZ that is subject to a closure to directed fishing for Atlantic herring or restrictions pursuant to Sec. 648.202(a) with > 2,000 lb (907.2 kg) of herring on board, unless all fishing gear is stowed as specified by Sec. 648.23(b). (11) Catch, take, or harvest Atlantic herring in or from the EEZ with a U.S. vessel that exceeds the size limits specified in Sec. 648.203. (12) Process Atlantic herring caught in or from the EEZ in excess of the specification of USAP with a U.S. vessel that exceeds the size limits specified in Sec. 648.203(b). (13) Discard herring carcasses in the EEZ, or at sea if a federally- permitted vessel, after removing the roe. (14) Catch, take, or harvest Atlantic herring in or from the EEZ for roe in excess of any allowed limit that may be established pursuant to Sec. 648.204(b). (15) Catch, take, or harvest Atlantic herring in or from the EEZ, unless equipped with an operable VMS unit if a vessel caught > 500 mt of Atlantic herring in the previous fishing year, or intends to catch > 500 mt of Atlantic herring in the current fishing year, as required by Sec. 648.205(a). (16) Catch, take, or harvest > 500 mt of Atlantic herring in or from the EEZ during the fishing year, unless equipped with an operable VMS unit as required by Sec. 648.205(a). (17) Receive Atlantic herring in or from the EEZ solely for transport, unless issued a letter of authorization from the Regional Administrator. (18) Fail to comply with any of the requirements of a letter of authorization from the Regional Administrator. (cc) In addition to the general prohibitions specified in Sec. 600.725 of this chapter, unless participating in a research activity as described in Sec. 648.290(e), it is unlawful for any person owning or operating a vessel to do any of the following: (1) Fish for, possess, retain or land tilefish, unless: (i) 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; or (ii) The tilefish were harvested by a vessel not issued a tilefish permit that was fishing exclusively in state waters; or (iii) The tilefish were harvested in or from the tilefish management unit by a vessel engaged in recreational fishing. (2) 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. (3) Purchase, possess, receive, or attempt to purchase, possess, or receive, 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. (4) Sell, barter, trade, or otherwise transfer, or attempt to sell, barter, trade, or otherwise transfer, for a commercial purpose, 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. (5) Purchase, possess, or receive, for a commercial purpose, or attempt to purchase, possess, or receive, for a commercial purpose, 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. (6) Fish for tilefish, with any other than longline gear, while in possession of a limited access permit, as specified in Sec. 648.294. (7) Possess tilefish harvested in or from the tilefish management unit in excess of the trip limit, pursuant to Sec. 648.292, unless issued a limited access tilefish permit. (8) Land tilefish harvested in or from the tilefish management unit for sale [[Page 334]] after the effective date of the notification in the Federal Register, pursuant to Sec. 648.291, which notifies permit holders in a limited access category that the quota for that category is no longer available. (9) 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. [61 FR 34968, July 3, 1996] Editorial Note: For Federal Register citations affection Sec. 648.14, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.