[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: 50CFR660.48]

[Page 492-493]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC--Table of Contents
 
             Subpart D--Western Pacific Crustacean Fisheries
 
Sec. 660.48  Gear restrictions.

    (a) Permit Area 1. (1) Lobsters may be taken only with lobster traps 
or by hand. Lobsters may not be taken by means of poisons, drugs, other 
chemicals, spears, nets, hook, or explosives.
    (2) The smallest opening of an entry way of any lobster trap may not 
allow any sphere or cylinder greater than 6.5 inches (16.5 cm) in 
diameter to pass from outside the trap to inside the trap.
    (3) Each lobster trap must have a minimum of two escape vent panels 
that meet the following requirements:
    (i) Panels must have at least four unobstructed circular holes no 
smaller than 67 mm in diameter, with centers at least 82 mm apart.
    (ii) The lowest part of any opening in an escape vent panel must not 
be more than 85 mm above the floor of the trap.
    (iii) Panels must be placed opposite one another in each trap.
    (4) A vessel fishing for or in possession of lobster in any permit 
area may not have on board the vessel any trap that does not meet the 
requirements of paragraphs (a)(1), (2), and (3) of this section.
    (5) A maximum of 1,200 traps per vessel may be maintained on board 
or in the water, provided that no more than 1,100 assembled traps are 
maintained on board or in the water. If more than 1,100 traps are 
maintained, the unassembled traps may be carried as spares only, in 
order to replace assembled traps that may be lost or become unusable.
    (6) Traps shall not be left unattended in any permit area, except in 
the event of an emergency, in which case the vessel operator must notify 
the NMFS Law Enforcement Office of the emergency that necessitated 
leaving the traps on the grounds, and the location and number of the 
traps, within 24 hours after the vessel reaches port.
    (7) A vessel whose owner has a limited access permit issued under 
this subpart and has an operating VMS unit certified by the NMFS may 
enter Crustaceans Permit Area 1 with lobster traps on board on or after 
June 25, but must remain outside the Crustaceans Permit Area 1 VMS 
Subarea until the NWHI lobster season opens on July 1.
    (8) A vessel whose owner has a limited access permit issued under 
this subpart and has on board an operational VMS unit certified by NMFS 
may transit Crustaceans Permit Area 1, including Crustaceans Permit Area 
1 VMS Subarea, with lobster traps on board for the purpose of moving to 
another lobster grounds or returning to port following the closure date, 
as specified in Sec. 660.50, providing the vessel does not stop or fish 
and is making steady progress to another lobster grounds or back to port 
as determined by NMFS.
    (9) The operator of a permitted vessel must notify the Regional 
Administrator or an authorized officer no later than June 15 of each 
year if the vessel will use a VMS unit in the fishery and allow for 
inspection and certification of the unit.
    (b) Permit Area 2. Lobsters may be taken only with lobster traps or 
by hand. Lobsters may not be taken by

[[Page 493]]

means of poisons, drugs, other chemicals, spears, nets, hooks, or 
explosives.

[61 FR 34572, July 2, 1996, as amended at 62 FR 35450, July 1, 1997; 63 
FR 20540, Apr. 27, 1998; 64 FR 36822, July 8, 1999]