[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: 50CFR697.20]

[Page 844-845]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT--Table of Contents
 
                     Subpart B--Management Measures
 
Sec. 697.20  Size, harvesting and landing requirements.

    (a) Condition. By being issued a Federal limited access American 
lobster permit, the vessel owner is subject to all measures in this 
subpart, unless otherwise specified, regardless of where American 
lobsters were harvested.
    (b) Carapace length. (1) The minimum carapace length for all 
American lobsters harvested in or from the EEZ is 3\1/4\ inches (8.26 
cm).
    (2) The minimum carapace length for all American lobsters landed, 
harvested, or possessed by vessels issued a Federal limited access 
American lobster permit, is 3\1/4\ inches (8.26 cm).
    (3) The maximum carapace length for all American lobster harvested 
in or from EEZ Nearshore Management Area 1, as defined in 
Sec. 697.18(a)(1), is 5 inches (12.7 cm). Any vessel fishing in or 
permitted to fish in EEZ Nearshore Management Area 1 must comply with 
the 5 inch (12.7 cm) maximum carapace length requirement regardless of 
where the lobsters are harvested.
    (4) No person may ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any

[[Page 845]]

whole live American lobster that is smaller than the minimum size 
specified in paragraph (b) in this section.
    (c) Mutilation. (1) Subject to the rebuttable presumption in 
Sec. 697.7(c)(3), no person may remove meat or any body appendage from 
any American lobster harvested in or from the EEZ before, or at the time 
of landing, or have in possession any American lobster part other than 
whole lobsters, up to the time when a dealer first receives or possesses 
American lobster.
    (2) Subject to the rebuttable presumption in Sec. 697.7(c)(3), no 
owner, operator or person aboard a vessel issued a Federal American 
lobster permit may remove meat or any body appendage from any American 
lobster before or at the time of landing, or have in possession any 
American lobster part other than whole lobsters, up to the time when a 
dealer first receives or possesses American lobster.
    (d) Berried females. (1) Any berried female harvested in or from the 
EEZ must be returned to the sea immediately.
    (2) Any berried female harvested or possessed by a vessel issued a 
Federal limited access American lobster permit must be returned to the 
sea immediately.
    (3) No vessel, or owner, operator or person aboard a vessel issued a 
Federal limited access American lobster permit may possess any berried 
female.
    (4) No person may possess, ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any berried female as 
specified in paragraph (d) of this section.
    (e) Removal of eggs. (1) No person may remove, including, but not 
limited to, the forcible removal and removal by chemicals or other 
substances or liquids, extruded eggs attached to the abdominal 
appendages from any female American lobster.
    (2) No owner, operator or person aboard a vessel issued a Federal 
limited access American lobster permit may remove, including but not 
limited to, the forcible removal, and removal by chemicals or other 
substances or liquids, extruded eggs attached to the abdominal 
appendages from any female American lobster.
    (3) No person may possess, ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any whole live American 
lobster that bears evidence of the removal of extruded eggs from its 
abdominal appendages as specified in paragraph (e) of this section.
    (f) Spearing. (1) No person may spear any American lobster in the 
EEZ.
    (2) No person on a vessel issued a Federal lobster license may spear 
a lobster.
    (3) No person may harvest or possess any American lobster which has 
been speared in the EEZ.
    (4) No person may possess, ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any American lobster which 
has been speared.