[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: 50CFR697.7] [Page 836-840] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT--Table of Contents Subpart A--General Provisions Sec. 697.7 Prohibitions. (a) Atlantic Coast weakfish fishery. In addition to the prohibitions set forth in Sec. 600.725 of this chapter, it is unlawful for any person to do any of the following: (1) Fish for, harvest, or possess any weakfish less than 12 inches (30.5 cm) in total length (measured as a straight line along the bottom of the fish from the tip of the lower jaw with the mouth closed to the end of the lower tip of the tail) from the EEZ. (2) Retain any weakfish less than 12 inches (30.5 cm) in total length taken in or from the EEZ. (3) Fish for weakfish in the EEZ with a minimum mesh size less than 3\1/4\-inch (8.3 cm) square stretch mesh (as measured between the centers of opposite knots when stretched taut) or 3\3/4\-inch (9.5 cm) diamond stretch mesh for trawls and 2\7/8\-inch (7.3 cm) stretch mesh for gillnets. (4) Possess more than 150 lb (67 kg) of weakfish during any one day or trip, whichever is longer, in the EEZ when using a mesh size less than 3\1/4\-inch (8.3 cm) square stretch mesh (as measured between the centers of opposite knots when stretched taut) or 3\3/4\-inch (9.5 cm) diamond stretch mesh for finfish trawls and 2\7/8\-inch (7.3 cm) stretch mesh for gillnets. (5) Fish using a flynet in the EEZ off North Carolina in the area bounded as follows: (i) On the north by a straight line connecting points 35 deg.10.8[min] N. lat., 75 deg.29.2[min] W. long. (3 nm off Cape Hatteras) and 35 deg.03.5[min] N. lat., 75 deg.11.8[min] W. long. (20 nm off Cape Hatteras). (ii) The east by a straight line connecting points 35 deg.03.5[min] N. lat., 75 deg.11.8[min] W. long. (20 nm off Cape Hatteras) and 33 deg.21.1[min] N. lat., 77 deg.57.5[min] W. long., (about 30 nm off Cape Fear on the extension of the North Carolina/South Carolina state line into the EEZ). (iii) On the south by a straight line connecting points 33 deg.21.1[min] N. lat., 77 deg.57.5[min] W. long., and 33 deg.48.8[min] N. lat., 78 deg.29.7[min] W. long. (3 nm off Little River Inlet on the North Carolina/South Carolina state line). (iv) On the west by state waters. (6) Possess any weakfish in the closed area of the EEZ, as described in paragraph (a)(5) of this section, when fishing with shrimp trawls or crab trawls. (7) Land weakfish for commercial purposes caught in the EEZ in any state other than Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, or North Carolina. (b) Atlantic striped bass fishery. In addition to the prohibitions set forth in Sec. 600.725 of this chapter, it is unlawful for any person to do any of the following: (1) Fish for Atlantic striped bass in the EEZ. (2) Harvest any Atlantic striped bass from the EEZ. [[Page 837]] (3) Possess any Atlantic striped bass in or from the EEZ, except in the following area: The EEZ within Block Island Sound, north of a line connecting Montauk Light, Montauk Point, NY, and Block Island Southeast Light, Block Island, RI; and west of a line connecting Point Judith Light, Point Judith, RI, and Block Island Southeast Light, Block Island, RI. Within this area, possession of Atlantic striped bass is permitted, provided no fishing takes place from the vessel while in the EEZ and the vessel is in continuous transit. (4) Retain any Atlantic striped bass taken in or from the EEZ. (c) American lobster. (1) In addition to the prohibitions specified in Sec. 600.725 of this chapter, it is unlawful for any person owning or operating a vessel issued a Federal limited access American lobster permit under Sec. 697.4 or a vessel or person holding a valid State of Maine American lobster permit or license and fishing under the provisions of and under the areas designated in Sec. 697.24 to do any of the following: (i) Retain on board, land, or possess at or after landing, whole American lobsters that fail to meet the minimum carapace length standard specified in Sec. 697.20(b). All American lobsters will be subject to inspection and enforcement action, up to and including the time when a dealer receives or possesses American lobsters for a commercial purpose. (ii) Retain on board, land, or possess, up to the time when a dealer first receives or possesses American lobster for a commercial purpose, any American lobster or parts thereof in violation of the mutilation standards specified in Sec. 697.20(c). (iii) Retain on board, land, or possess any berried female American lobster specified in Sec. 697.20(d). (iv) Remove eggs from any berried female American lobster, land, or possess any such lobster from which eggs have been removed. No person owning or operating a vessel issued a Federal limited access American lobster permit under Sec. 697.4 or a vessel or person holding a State of Maine American lobster permit or license and fishing under the provisions of and under the areas designated in Sec. 697.24 may land or possess any lobster that has come in contact with any substance capable of removing lobster eggs. (v) Retain on board, land, or possess any V-notched female American lobster. (vi) Spear any American lobster, or land or possess any American lobster which has been speared. (vii) Possess, deploy, fish with, haul, harvest lobster from, or carry aboard a vessel trap gear in excess of the trap limits specified in Sec. 697.19 unless exempted pursuant to Sec. 697.26 (viii) Possess, deploy, haul, harvest lobster from, or carry aboard a vessel any trap gear that does not satisfy the requirements on gear identification and marking, escape vents, ghost panel and maximum trap size specified in Sec. 697.21, unless such gear has been rendered unfishable, or unless exempted pursuant to Sec. 697.26. (ix) Possess, deploy, haul, harvest lobster from, or carry aboard a vessel any trap gear not tagged in accordance with the requirements in Sec. 697.19, unless such gear has been rendered unfishable, or unless exempted pursuant to Sec. 697.26. (x) Fail to produce, or cause to be produced, lobster trap tags when requested by an authorized officer, unless exempted pursuant to Sec. 697.26. (xi) Beginning May 1, 2000, reproduce, or cause to be reproduced, lobster trap tags without the written consent of the Regional Administrator. (xii) Beginning May 1, 2000, possess a lobster trap tag, tag a lobster trap with, or use, a lobster trap tag that has been reported lost, missing, destroyed, or issued to another vessel. (xiii) Beginning May 1, 2000, sell, transfer, or give away lobster trap tags that have been reported lost, missing, destroyed, or issued to another vessel. (xiv) Fail to affix and maintain permanent markings, as required by Sec. 697.8. (xv) Fish for, retain on board, land, or possess American lobsters, unless the operator of the vessel has been issued an operator's permit under Sec. 697.5, and the permit is on board the vessel and is valid. (xvi) Fail to report to the Regional Administrator within 15 days any change in the information contained in [[Page 838]] the permit application as required under Sec. 697.4(k) or Sec. 697.5(j). (xvii) Make any false statement in connection with an application under Sec. 697.4, Sec. 697.5, or Sec. 697.6. (xviii) Sell, transfer, or barter or attempt to sell, transfer, or barter to a dealer any American lobsters, unless the dealer has a valid Federal Dealer's Permit issued under Sec. 697.6. (xix) Refuse or fail to carry a sea sampler/observer if requested to do so by the Regional Administrator. (xx) Fail to provide a sea sampler/observer with required food, accommodations, access, and assistance, as specified in Sec. 697.12. (xxi) Violate any terms of a letter authorizing exempted fishing pursuant to Sec. 697.22 or to fail to keep such letter aboard the vessel during the time period of the exempted fishing. (xxii) Possess, deploy, fish with, haul, harvest lobster from, or carry aboard a vessel any trap gear on a fishing trip in the EEZ from a vessel that fishes for, takes, catches, or harvests lobster by a method other than traps. (xxiii) Fish for, take, catch, or harvest lobster on a fishing trip in or from the EEZ by a method other than traps, in excess of 100 lobsters (or parts thereof), for each lobster day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one trip unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of this chapter. (xxiv) Possess, retain on board, or land lobster by a vessel with any non-trap gear on board capable of catching lobsters, in excess of 100 lobsters (or parts thereof), for each lobster day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one trip unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of this chapter. (xxv) Transfer or attempt to transfer American lobster from one vessel to another vessel. (xxvi) Beginning May 1, 2000, possess, deploy, fish with, haul, harvest lobster from, or carry aboard a vessel any trap gear in or from the management areas specified in Sec. 697.18, unless such fishing vessel has been issued a valid management area designation certificate or valid limited access American lobster permit specifying such management area(s) as required under Sec. 697.4(a)(7). (2) In addition to the prohibitions specified in Sec. 600.725 of this chapter and the prohibitions specified in paragraph (c)(1) of this section, it is unlawful for any person to do any of the following: (i) Retain on board, land, or possess American lobsters unless: (A) The American lobsters were harvested by a vessel that has been issued and carries on board a valid Federal limited access American lobster permit under Sec. 697.4; or (B) The American lobsters were harvested by a vessel without a valid Federal limited access American lobster permit and that fishes for American lobsters exclusively in state waters; or (C) The American lobsters were harvested by a charter boat, head boat, or commercial dive vessel that possesses six or fewer American lobsters per person on board the vessel and the lobsters are not intended to be, or are not, traded, bartered, or sold; or (D) The American lobsters were harvested by a recreational fishing vessel; or (E) The American lobsters were harvested by a vessel or person holding a valid State of Maine American lobster permit or license and is fishing under the provisions of and in the areas designated in Sec. 697.24. (ii) Sell, barter, or trade, or otherwise transfer, or attempt to sell, barter, or trade, or otherwise transfer, for a commercial purpose, any American lobsters from a vessel, unless the vessel has been issued a valid Federal limited access American lobster permit under Sec. 697.4, or the American lobsters were harvested by a vessel without a valid Federal limited access American lobster permit that fishes for American lobsters exclusively in state waters or unless the vessel or person holds a valid State of Maine American lobster permit or license and that is fishing under the provisions of and in the areas designated in Sec. 697.24. (iii) To be, or act as, an operator of a vessel fishing for or possessing American lobsters in or from the EEZ, or [[Page 839]] issued a Federal limited access American lobster permit under Sec. 697.4, without having been issued and possessing a valid operator's permit under Sec. 697.5. (iv) Purchase, possess, or receive for a commercial purpose, or attempt to purchase, possess, or receive for a commercial purpose, as, or in the capacity of, a dealer, American lobsters taken from or harvested by a fishing vessel issued a Federal limited access American lobster permit, unless in possession of a valid dealer's permit issued under Sec. 697.6. (v) Purchase, possess, or receive for commercial purposes, or attempt to purchase or receive for commercial purposes, as, or in the capacity of, a dealer, American lobsters caught by a vessel other than one issued a valid Federal limited access American lobster permit under Sec. 697.4, or one holding or owned or operated by one holding a valid State of Maine American lobster permit or license and fishing under the provisions of and in the areas designated in Sec. 697.24, unless the American lobsters were harvested by a vessel without a Federal limited access American lobster permit and that fishes for American lobsters exclusively in state waters. (vi) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment, threat, or coercion any NMFS-approved sea sampler/observer 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 enforcement of this part, or any official designee of the Regional Administrator conducting his or her duties. (vii) Refuse to carry a sea sampler/observer if requested to do so by the Regional Administrator. (viii) Refuse reasonable assistance to either a NMFS-approved sea sampler/observer conducting his or her duties aboard a vessel. (ix) Make any false statement, oral or written, to an authorized officer, concerning the taking, catching, harvesting, landing, purchase, sale, or transfer of any American lobster. (x) Violate any provision of this part, the ACFCMA, the Magnuson- Stevens Act, or any regulation, permit, or notification issued under the ACFCMA, the Magnuson-Stevens Act, or these regulations. (xi) Retain on board, land, or possess any American lobsters harvested in or from the EEZ in violation of Sec. 697.20. (xii) Ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live American lobster in violation of Sec. 697.20. (xiii) Fish, or be in the areas described in Sec. 697.23(b)(2), (c)(2), (d)(2), and (e)(2) on a fishing vessel with mobile gear during the time periods specified in Sec. 697.23(b)(1), (c)(1), (d)(1), and (e)(1), except as provided in Sec. 697.23(b)(1), (c)(1), (d)(1), and (e)(1). (xiv) Fish, or be in the areas described in Sec. 697.23(b)(2), (c)(2), and (d)(2) on a fishing vessel with lobster trap gear on board during the time periods specified in Sec. 697.23(b)(1), (c)(1), and (d)(1). (xv) Deploy or fail to remove lobster trap gear in the areas described in Sec. 697.23(b)(2), (c)(2), and (d)(2) during the time periods specified in Sec. 697.23(b)(1), (c)(1), and (d)(1). (xvi) Violate any terms of a letter authorizing exempted fishing pursuant to Sec. 697.22 or to fail to keep such letter aboard the vessel during the time period of the exempted fishing. (xvii) Possess, deploy, fish with, haul, harvest lobster from, or carry aboard a vessel any trap gear on a fishing trip in the EEZ on a vessel that fishes for, takes, catches, or harvests lobster by a method other than traps. (xviii) Fish for, take, catch, or harvest lobster on a fishing trip in the EEZ by a method other than traps, in excess of 100 lobsters (or parts thereof), for each lobster day-at-sea or part of a lobster day-at- sea, up to a maximum of 500 lobsters (or parts thereof) for any one trip unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of this chapter. (xix) Possess, retain on board, or land lobster by a vessel with any non-trap gear on board capable of catching lobsters, in excess of 100 lobsters (or parts thereof), for each lobster day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 lobsters (or parts [[Page 840]] thereof) for any one trip unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of this chapter. (xx) Transfer or attempt to transfer American lobster from one vessel to another vessel. (3) Presumptions. (i) Any person possessing, or landing American lobsters or parts thereof at or prior to the time when those American lobsters are landed, or are received or possessed by a dealer for the first time, is subject to all of the prohibitions specified in paragraph (c) of this section, unless the American lobsters were harvested by a vessel without a Federal limited access American lobster permit and that fishes for American lobsters exclusively in state waters; or are from a charter, head, or commercial dive vessel that possesses or possessed six or fewer American lobsters per person aboard the vessel and the lobsters are not intended for sale, trade, or barter; or are from a recreational fishing vessel. (ii) American lobsters or parts thereof that are possessed, or landed at or prior to the time when the American lobsters are received by a dealer, or whole American lobsters that are possessed by a dealer, are presumed to have been harvested from the EEZ or by a vessel with a Federal limited access American lobster permit. A preponderance of all submitted evidence that such American lobsters were harvested by a vessel without a Federal limited access American lobster permit and fishing exclusively for American lobsters in state or foreign waters will be sufficient to rebut this presumption. (iii) The possession of egg-bearing female American lobsters, V- notched female American lobsters, American lobsters that are smaller than the minimum size set forth in Sec. 697.20(b), or lobster parts, possessed at or prior to the time when the aforementioned lobsters or parts are received by a dealer, will be prima facie evidence that such American lobsters or parts were taken or imported in violation of these regulations. A preponderance of all submitted evidence that such American lobsters were harvested by a vessel not holding a permit under this part and fishing exclusively within state or foreign waters will be sufficient to rebut the presumption. (d) Atlantic sturgeon fishery. In addition to the prohibitions set forth in Sec. 600.725, it is unlawful for any person to do any of the following: (1) Fish for Atlantic sturgeon in the EEZ. (2) Harvest any Atlantic sturgeon from the EEZ. (3) Possess any natural or stocked Atlantic sturgeon in or from the EEZ. (4) Retain any Atlantic sturgeon taken in or from the EEZ. (5) Possess any natural Atlantic sturgeon parts, including Atlantic sturgeon eggs, in the EEZ. (e) Atlantic Coast Horseshoe Crab fishery. In addition to the prohibitions set forth in Sec. 600.725 of this chapter, it is unlawful for any person to do any of the following: (1) Fish for horseshoe crabs in the Carl N. Shuster Jr. Horseshoe Crab Reserve described in Sec. 697.23(f)(1). (2) Possess horseshoe crabs on a vessel with a trawl or dredge in the closed area described in Sec. 697.23(f)(1). (3) Fail to return to the water immediately without further harm, all horseshoe crabs caught in the closed area described in Sec. 697.23(f)(1). [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 FR 14502, Mar. 13, 2001]