[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: 50CFR660.22] [Page 474-477] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC--Table of Contents Subpart C--Western Pacific Pelagic Fisheries Sec. 660.22 Prohibitions. 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: (a) Fish for Pacific pelagic management unit species using gear prohibited under Sec. 660.30 or not permitted by an EFP issued under Sec. 660.17. (b) Falsify or fail to make and/or file all reports of Pacific pelagic management unit species landings, containing all data and in the exact manner, as required by applicable state law or regulation, as specified in Sec. 660.3, provided that the person is required to do so by applicable state law or regulation. (c) Use a longline vessel without a valid longline general permit or a Hawaii longline limited access permit registered for use with that vessel, to fish for Pacific pelagic management unit species in the EEZ around American Samoa, Guam, the Northern Mariana Islands, or U.S. possessions in the Pacific Ocean area. (d) Use a longline fishing vessel without a valid Hawaii longline limited access permit registered for use with that vessel to fish for Pacific pelagic management unit species in the EEZ around Hawaii. (e) Use a receiving vessel without a valid receiving vessel permit registered for use with that vessel to land or transship, shoreward of the outer [[Page 475]] boundary of the fishery management area, Pacific pelagic management unit species harvested with longline gear. (f) Transfer a permit in violation of Sec. 660.21(h). (g) Fish for Pacific pelagic management unit species with longline gear within the protected species zone in the NWHI. (h) Fail to notify the NMFS Southwest Enforcement Office of intent to enter or depart the protected species zone, as required under Sec. 660.23(b). (i) Fish with longline gear within a longline fishing prohibited area, except as allowed pursuant to an exemption issued under Sec. 660.17 or Sec. 660.17. (j) Fail to comply with notification requirements set forth in Sec. 660.23 or in any EFP issued under Sec. 660.17. (k) Fail to comply with a term or condition governing the observer program established in Sec. 660.28. (l) Fail to comply with other terms and conditions that the Regional Director imposes by written notice to either the permit holder or the designated agent of the permit holder to facilitate the details of observer placement. (m) Fish in the fishery after failing to comply with the notification requirements in Sec. 660.23. (n) Use a U.S. vessel that has longline gear on board and that does not have a valid Hawaii longline limited access permit registered for use with that vessel or a valid longline general permit registered for use with that vessel to land or transship Pacific pelagic management unit species shoreward of the outer boundary of the EEZ around American Samoa, Guam, the Northern Mariana Islands, or U.S. possessions in the Pacific Ocean area. (o) Use a U.S. vessel that has longline gear on board and that does not have a valid Hawaii longline limited access permit registered for use with that vessel to land or transship Pacific pelagic management unit species shoreward of the outer boundary of the EEZ around Hawaii. (p) Enter the EEZ around Hawaii with longline gear that is not stowed or secured in accordance with Sec. 660.29, if operating a U.S. vessel without a valid Hawaii longline limited access permit registered for use with that vessel. (q) Enter the EEZ around American Samoa, Guam, the Northern Mariana Islands, or U.S. possessions in the Pacific Ocean area with longline gear that is not stowed or secured in accordance with Sec. 660.29, if operating a U.S. vessel without a valid Hawaii longline limited access permit registered for use with that vessel or a longline general permit registered for use with that vessel. (r) Fail to carry a VMS unit as required under Sec. 660.25. (s) Interfere with, tamper with, alter, damage, disable, or impede the operation of a VMS unit or to attempt any of the same; or to move or remove a VMS unit without the prior permission of the SAC. (t) Make a false statement, oral or written, to an authorized officer, regarding the use, operation, or maintenance of a VMS unit. (u) Fish for, catch, or harvest Pacific pelagic management unit species with longline gear without a VMS unit on board the vessel after installation of the VMS unit by NMFS. (v) Possess on board a vessel without a VMS unit Pacific pelagic management unit species harvested with longline gear after NMFS has installed the VMS unit on the vessel. (w) Interfere with, impede, delay, or prevent the installation, maintenance, repair, inspection, or removal of a VMS unit. (x) Interfere with, impede, delay, or prevent access to a VMS unit by a NMFS observer. (y) Connect or leave connected additional equipment to a VMS unit without the prior approval of the SAC. (z) Fail to use a line setting machine or line shooter, with weighted branch lines, to set the main longline when operating a vessel that is registered for use under a Hawaii longline limited access permit and equipped with monofilament main longline, when making deep sets north of 23 deg. N. lat., in violation of Sec. 660.35 (a)(1) and (a)(2). (aa) Fail to employ basket-style longline gear such that the mainline is deployed slack when operating a vessel registered for use under a Hawaii longline limited access north of 23 deg. N. lat., in violation of Sec. 660.35 (a)(3). [[Page 476]] (bb) Fail to maintain and use blue dye to prepare thawed bait when operating a vessel registered for use under a Hawaii longline limited access permit that is fishing north of 23 deg. N. lat., in violation of Sec. 660.35 (a)(4), (a)(5), and (a)(6). (cc) Fail to retain, handle, and discharge fish, fish parts, and spent bait, strategically when operating a vessel registered for use under a Hawaii longline limited access permit that is fishing north of 23 deg. N. lat., in violation of Sec. 660.35 (a)(7) through (a)(9). (dd) Fail to handle short-tailed albatrosses that are caught by pelagic longline gear in a manner that maximizes the probability of their long-term survival, in violation of Sec. 660.35 (b). (ee) Fail to handle seabirds other than short-tailed albatross that are caught by pelagic longline gear in a manner that maximizes the probability of their long-term survival, in violation of Sec. 660.35 (c). (ff) Own a longline vessel registered for use under a Hawaii longline limited access permit that is engaged in longline fishing for Pacific pelagic management unit species, without a valid protected species workshop certificate issued by NMFS or a legible copy thereof in violation of Sec. 660.36 (a). (gg) Fish for Pacific pelagic management unit species on a vessel registered for use under a Hawaii limited access longline permit without having onboard a valid protected species workshop certificate issued by NMFS or a legible copy thereof in violation of Sec. 660.36 (d). (hh)-(ii) [Reserved] (jj) Fail to carry line clippers, dip nets, and wire or bolt cutters on a vessel registered for use under a Hawaii longline limited access permit or a longline general permit that has a freeboard of more than 3 ft (0.9 m) in violation of Sec. 660.32(a). (kk) Fail to carry line clippers and wire or bolt cutters on a vessel fishing with hooks for Pacific pelagic management unit species within EEZ waters around Hawaii, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, or Howland Islands that has a freeboard more than 3 ft (0.9 m) in violation of Sec. 660.32(a)(2). (ll) Fail to carry line clippers and wire or bolt cutters on a vessel registered for use under a Hawaii longline limited access permit or a longline general permit or on a vessel fishing with hooks for Pacific pelagic management unit species within EEZ waters around Hawaii, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, or Howland Islands, that has a freeboard of less than 3 ft (0.9 m) in violation of Sec. 660.32(a)(3). (mm) Fail to comply with the sea turtle handling, resuscitation, and release requirements when operating a vessel registered for use under a Hawaii longline limited access permit or a longline general permit, or fishing with hooks for Pacific pelagic management unit species within EEZ waters around Hawaii, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, or Howland Islands in violation of Sec. 660.32(b). (nn) Direct fishing effort toward the harvest of swordfish (Xiphias gladius) using longline gear deployed north of the equator on a vessel registered for use under a Hawaii longline limited access permit or a longline general permit in violation of Sec. 660.33(a). (oo) Fish for Pacific pelagic management unit species with a vessel registered for use under a Hawaii longline limited access permit or a longline general permit within closed areas or by use of unapproved gear configurations in violation of Sec. 660.33(b), (c), (g), or (h). (pp) Use a receiving vessel registered for use under a receiving vessel permit to receive, land, or tranship from another vessel, Pacific pelagic management unit species harvested from closed areas with longline gear in violation of Sec. 660.33(d). (qq) Land or tranship shoreward of the outer boundary of the EEZ around Hawaii, American Samoa, Guam, the [[Page 477]] Commonwealth of the Northern Mariana Islands, Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, or Howland Islands, Pacific pelagic management unit species that were harvested from closed areas with longline gear in violation of Sec. 660.33(e). (rr) Possess a light stick on board a vessel registered for use under either a Hawaii longline limited access permit or a longline general permit, on fishing trips that include any fishing north of the equator (0 deg. lat.) in violation of Sec. 660.33(f). (ss) Possess or land more than 10 swordfish on board a vessel registered for use under either a Hawaii longline limited access permit or a longline general permit, from a fishing trip where any part of the trip included fishing north of the equator (0 deg. lat.) in violation of Sec. 660.33(h). (tt) Operate a vessel registered for use under a Hawaii longline limited access permit or a longline general permit to fish for Pacific pelagic management unit species without having onboard a valid protected species workshop certificate issued by NMFS or a legible copy thereof in violation of Sec. 660.36(c). (uu) Use a large vessel to fish for Pacific pelagic management unit species within an American Samoa large vessel prohibited area except as allowed pursuant to an exemption issued under Sec. 660.38. [61 FR 34572, July 2, 1996, as amended at 65 FR 16347, Mar. 28, 2000; 67 FR 4371, Jan. 30, 2002; 67 FR 34412, May 14, 2002; 67 FR 40235 June 12, 2002] Effective Date Note: At 67 FR 56502, Sept. 4, 2002, Sec. 660.22 was amended by revising the phrase ``U.S. possessions in the Pacific Ocean area'' to read ``U.S. island possessions in the Pacific Ocean'' each place that it appears; paragraph (i) was revised; and new paragraph (vv) was added, effective Oct. 4, 2002. For the convenience of the user, the revised text follows: Sec. 660.22 Prohibitions. * * * * * (i) Fish with longline gear within a longline fishing prohibited area, except as allowed pursuant to an exemption issued under Sec. 660.17 or Sec. 660.27. * * * * * (vv) Use a U.S. vessel employing pelagic handline or trolling methods to fish in the U.S. EEZ around the PRIA without a valid PRIA pelagic troll and handline fishing permit registered for use with that vessel.