[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34930-34964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16254]



[[Page 34929]]


_______________________________________________________________________

Part II





Department of Commerce





_______________________________________________________________________



National Oceanic and Atmospheric Administration



_______________________________________________________________________



15 CFR Part 902



50 CFR Parts 622, et al.



Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Interim 
Final Rule

Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules 
and Regulations

[[Page 34930]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 622, 638, 641, 642, 645, 646, 647, 653, 658, 659, 669, 
and 670

[Docket No. 960313071-6169-022; I.D. 050996D]
RIN 0648-AI20


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS is consolidating eleven CFR parts into one new CFR part. 
The new part contains regulations implementing management measures 
contained in the fishery management plans (FMPs) for the following 
domestic fisheries in the Caribbean, Gulf of Mexico, and South 
Atlantic: Caribbean coral, Caribbean reef fish, Caribbean spiny 
lobster, Gulf red drum, Gulf reef fish, Gulf shrimp, Gulf and South 
Atlantic coastal migratory pelagics, Gulf and South Atlantic corals, 
South Atlantic red drum, South Atlantic snapper-grouper, and South 
Atlantic shrimp. This interim final rule reorganizes management 
measures into a logical and cohesive order, removes duplicative and 
outdated provisions, and makes changes to improve readability and 
clarity and to achieve uniformity in regulatory language. This interim 
final rule also amends references to Paperwork Reduction Act (PRA) 
information-collection requirements to reflect the consolidation; 
revises the existing, approved collections of information related to 
submissions of permit applications to make them less burdensome; and 
makes revisions to existing approved collections of information related 
to reporting requirements to improve uniformity of regulatory language. 
The intended effect of this interim final rule is to make the 
regulations more concise, better organized, more uniform among 
fisheries, and thereby easier for the public to use. This action is 
part of the President's Regulatory Reinvention Initiative.

DATES: Interim final rule effective July 1, 1996. Written comments on 
the interim final rule must be received on or before August 2, 1996.

ADDRESSES: Requests for and comments on the interim final rule must be 
sent to the Southeast Regional Office, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702. Comments regarding burden-hour 
estimates or other aspects of the collection-of-information 
requirements contained in this rule should be sent to Edward E. 
Burgess, Southeast Regional Office, NMFS, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702, and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Washington, 
DC 20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Perry Allen or Rod Dalton, NMFS, 813-
570-5326.
SUPPLEMENTARY INFORMATION:

Background

    In March 1995, President Clinton issued a directive to Federal 
agencies regarding their responsibilities under his Regulatory 
Reinvention Initiative. This initiative is part of the National 
Performance Review and calls for comprehensive regulatory reform. The 
President directed all agencies to undertake a review of all their 
regulations, with an emphasis on eliminating or modifying those that 
are obsolete, duplicative, or otherwise in need of reform. This interim 
final rule is intended to carry out the President's directive with 
respect to those regulations implementing the following FMPs for 
domestic fisheries in the Caribbean, Gulf of Mexico, and South 
Atlantic. These FMPs were prepared under the Magnuson Act by the 
Caribbean, Gulf of Mexico, and/or South Atlantic Fishery Management 
Councils (CFMC, GMFMC, SAFMC, respectively).

----------------------------------------------------------------------------------------------------------------
               FMP title                         Responsible council(s)                  Geographical area      
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP...........  SAFMC                                     Mid-Atlantic and South        
                                                                                   Atlantic.                    
FMP for Coastal Migratory Pelagic       GMFMC/SAFMC                               Gulf,\1\ Mid-Atlantic \1\ \2\ 
 Resources.                                                                        and South Atlantic.\1\ \3\   
FMP for Coral and Coral Reefs of the    GMFMC                                     Gulf.                         
 Gulf of Mexico.                                                                                                
FMP for Coral, Coral Reefs, and Live/   SAFMC                                     South Atlantic.               
 Hard Bottom Habitats of the South                                                                              
 Atlantic Region.                                                                                               
FMP for Corals and Reef Associated      CFMC                                      Caribbean.                    
 Plants and Invertebrates of Puerto                                                                             
 Rico and the U.S. Virgin Islands.                                                                              
FMP for the Red Drum Fishery of the     GMFMC                                     Gulf.\1\                      
 Gulf of Mexico.                                                                                                
FMP for the Reef Fish Fishery of        CFMC                                      Caribbean.                    
 Puerto Rico and the U.S. Virgin                                                                                
 Islands.                                                                                                       
FMP for the Reef Fish Resources of the  GMFMC                                     Gulf.\1\                      
 Gulf of Mexico.                                                                                                
FMP for the Shrimp Fishery of the Gulf  GMFMC                                     Gulf.\1\                      
 of Mexico.                                                                                                     
FMP for the Shrimp Fishery of the       SAFMC                                     South Atlantic.               
 South Atlantic Region.                                                                                         
FMP for the Snapper-Grouper Fishery of  SAFMC                                     South Atlantic.\1\ \4\        
 the South Atlantic Region..                                                                                    
FMP for the Spiny Lobster Fishery of    CFMC                                      Caribbean.                    
 Puerto Rico and the U.S. Virgin                                                                                
 Islands.                                                                                                       
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.        
\2\ Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic.                               
\3\ Bluefish are not managed under the FMP in the South Atlantic.                                               
\4\ Bank, rock, and black sea bass and scup are not managed by the FMP north of 35 deg.15.3' N. lat., the       
  latitude of Cape Hatteras Light, NC.                                                                          

Consolidation of Regulations Into One CFR Part (50 CFR Part 622)

    Currently, regulations implementing the FMPs for Caribbean coral, 
Caribbean reef fish, Caribbean spiny lobster, Gulf red drum, Gulf reef 
fish, Gulf shrimp, Gulf and South Atlantic coastal migratory pelagics, 
Gulf and South Atlantic corals, South Atlantic red drum, South Atlantic 
snapper-grouper, and South Atlantic shrimp appear in eleven separate 
parts of title 50 of the CFR. NMFS, through this rulemaking, removes 
the eleven parts (50 CFR parts 638, 641, 642, 645, 646, 647, 653, 658, 
659, 669, and 670) and consolidates the regulations contained therein 
into one new part (50 CFR part 622). This

[[Page 34931]]

consolidated regulation provides the public with a single reference 
source for the Federal marine fisheries regulations specific to the 
Caribbean, Gulf of Mexico, and South Atlantic. The restructuring of the 
eleven parts into a single part results in one set of regulations that 
is more concise, clearer, and easier to use than the eleven separate 
parts. General regulations pertaining to all fisheries, formerly at 50 
CFR part 620, have also been restructured and consolidated and now 
appear in 50 CFR part 600. Many provisions in these general fisheries 
regulations apply to the fisheries in the EEZ in the Caribbean, Gulf of 
Mexico, and South Atlantic.

Reorganization and Elimination of Regulations

    In new part 622, NMFS has reorganized the consolidated management 
measures in a more logical and cohesive order. Because portions of the 
existing regulations contain identical or nearly identical provisions, 
similar measures have been combined and restructured. Sections relating 
to purpose and scope, definitions, relation to other laws, vessel 
identification, prohibitions, facilitation of enforcement, penalties, 
and specifically authorized activities, in each of the eleven existing 
parts have been combined into single, respective sections in part 622. 
For example, whereas the existing regulations contain eleven, nearly 
identical purpose and scope sections, part 622 contains a single 
purpose and scope section that addresses all applicable fisheries. As a 
result of this consolidation effort, NMFS removed numerous duplicative 
provisions from the regulations.
    Throughout part 622, types of management measures and provisions 
common to multiple fisheries are grouped together under a single 
section heading, e.g., minimum sizes for all fisheries are located in a 
single section. Within sections, information or requirements of general 
applicability are stated in an introductory paragraph to minimize 
duplication; any aspects unique to a particular fishery are addressed 
in subsequent paragraphs within the section. Paragraph headings have 
been added for ease in identifying measures, and regulatory language 
has been revised to improve clarity and consistency. No substantive 
changes were made to the regulations by this reorganization, or by the 
removal of duplicative provisions.

Changes To Improve Uniformity Among Regulations

    In the Southeast Region, many fishermen and dealers participate in 
multiple fisheries. Making regulatory requirements among fisheries more 
consistent simplifies the overall management regime, enhances the 
ability of all parties, including NMFS personnel, to understand and 
remember regulations, and improves compliance. As part of this 
regulatory consolidation process, NMFS has standardized regulatory 
provisions among fisheries where it was possible to do so without 
significant change in regulatory impact or adverse impact on effective 
management. The changes involved and the rationale and expected impacts 
are discussed below. NMFS invites comment on these changes.

Permits and Fees

    A person applying for a permit for a fishery in which a fish trap 
or sea bass pot will be used is required, under existing regulations, 
to indicate the desired color code for identifying buoys that are 
attached to traps/pots. The current regulations for the Gulf reef fish 
fishery explicitly state that white is not an acceptable color code, 
and white has not been accepted as a color code in other trap/pot 
fisheries. White is not acceptable because buoys are white. Therefore, 
a white color code would be indistinguishable from a buoy that has no 
color code and would frustrate enforcement. This rule makes the 
explicit statement in the reef fish regulations applicable to all trap/
pot fisheries and merely provides advance notification to the permit 
applicant, of the existing policy--there is no additional regulatory 
effect.
    Existing regulations require that the Director, Southeast Region, 
NMFS (Regional Director) be notified within 15 days of any change in 
pertinent information provided with a permit application. This rule 
extends the time period to 30 days and is, therefore, less restrictive.
    The option for a vessel permit for king or Spanish mackerel to be 
transferred upon sale of the vessel and for the new owner to fish under 
the preceding owner's permit for up to 60 days is deleted in this rule. 
This complies with the intent of the Gulf of Mexico and South Atlantic 
Fishery Management Councils that only owners who have documented their 
permit eligibility be allowed to participate in the fishery. The change 
is necessary to achieve consistent transfer provisions among fisheries. 
This does not alter the existing requirement that all new owners apply 
for a permit.

Recordkeeping and Reporting

    Changes have been made to achieve consistency regarding deadlines 
for submission of required reports by commercial vessel owners or 
operators. This rule requires that all such reports be postmarked not 
later than 7 days after the end of each trip. Deadlines for submission 
in the current regulations are couched in various terms, such as 
``transmitted'' and ``received,'' and, for Gulf reef fish, in terms of 
``on a monthly basis (or more frequently, if requested by the Science 
and Research Director).'' The Science and Research Director currently 
requires submission of required reports by commercial vessel owners and 
operators on a trip basis in all fisheries where such reports are 
required. Regulations for the snapper-grouper fishery specify a 
deadline of postmarked not later than the third day after sale of fish, 
and the king and Spanish mackerel regulations contain no submission 
deadline. This added deadline clarifies an implied but unspecified 
deadline for king and Spanish mackerel, but has no immediate impact on 
fishermen because no vessels are currently selected to submit reports 
in the king and Spanish mackerel fishery. For snapper-grouper, the new 
deadline is expected to be less restrictive on average.
    This rule standardizes requirements for submission of required 
reports for charter vessel and headboat owners or operators to achieve 
consistency with the Gulf reef fish requirements. The reporting 
deadline for charter vessels established by this rule is not later than 
7 days after the end of the reporting period. Current regulations for 
snapper-grouper charter vessels and headboats require submission on a 
periodic basis, as specified by the Science and Research Director; for 
coastal migratory pelagic charter vessels and headboats, weekly 
submission is required but no deadline is specified. The new deadlines 
make the requirements consistent among fisheries and provide needed 
specificity. The new requirements are generally less burdensome than 
existing requirements.
    This rule clarifies that the deadline for submission of Gulf reef 
fish and snapper-grouper dealer reports is 5 days after the end of the 
month, unless modified by the Science and Research Director. Current 
regulations are less specific, requiring submission as specified by the 
Science and Research Director for Gulf reef fish dealers and at monthly 
intervals, or more frequently, if requested, for snapper-grouper 
dealers.

[[Page 34932]]

    This rule requires submission of negative reports (no fish 
received) for snapper-grouper and coastal migratory pelagics dealers, 
if selected to report. This is a minimal reporting burden expected to 
occur infrequently, but enhances enforceability of reporting 
requirements. This requirement has been approved by OMB under OMB 
control number 0648-0016.
    This rule adds a provision allowing a dealer reporting South 
Atlantic snapper-grouper, other than wreckfish, to report via facsimile 
(fax). This is a less restrictive alternative provided for the 
convenience of dealers.
    The requirement to make fish available for inspection by the 
Science and Research Director or an authorized officer is applied to 
participants in the Caribbean reef fish and Caribbean spiny lobster 
fisheries. This standardizes the requirement among all fisheries 
regulated by this part and will improve enforceability. Additional 
burden associated with this change is minimal since access to fish is 
all that is required.
    This rule provides a requirement for a charter vessel owner or 
operator in the coastal migratory pelagics fishery, who has not been 
selected to submit logbooks, to provide verbal responses to seven, 
simple questions, if selected for an interview. This standardizes the 
requirement among all fisheries regulated by this part that have a 
charter vessel sector. This is a less burdensome alternative for 
obtaining information on an as-needed basis compared to selecting the 
entity to report on a continuing basis under authority in the current 
regulations.
    This rule authorizes the Science and Research Director to select 
for reporting a snapper-grouper vessel that operates in state waters 
adjoining the EEZ without a Federal permit. This standardizes the 
requirement among fisheries and is necessary to ensure comprehensive 
data collection essential for fisheries management. The purpose and 
scope section of the existing snapper-grouper regulations states that 
recordkeeping and reporting requirements apply in the EEZ and adjoining 
state waters. The existing snapper-grouper regulations require the 
owner or operator of a permitted vessel, charter vessel, or headboat 
operating in adjoining state waters to report, if selected. The change 
imposed by this interim final rule applies that same requirement to an 
owner or operator of an unpermitted vessel operating in adjoining state 
waters. This is necessary to ensure that all sources of fishing effort 
and fishing mortality affecting the managed stock are properly 
accounted for in the Federal management regime. NMFS is unaware of any 
snapper-grouper vessels that operate exclusively in state waters, and, 
therefore, are not permitted. Accordingly, this authorization should 
have no immediate effect on fishermen and would not impose an 
additional reporting burden.

Vessel and Gear Identification

    This rule standardizes most vessel and gear identification 
requirements among fisheries; provides less restrictive marking 
requirements for vessels 25 ft (7.6 m) or less in length in all 
fisheries; and makes changes in marking requirements to achieve 
consistency, e.g., simply requires numbers and color codes on buoys to 
be easily distinguished, located, and identified, versus the current 
differing requirements regarding size of such markings in various 
fisheries. These changes: (1) Enhance consistency; (2) address prior 
complaints from small vessel owners regarding difficulty of complying 
with marking requirements; (3) relieve restrictions; and (4) will not 
impair enforcement.
    The rule also requires that, in the South Atlantic snapper-grouper 
fishery, a valid identification tag issued by the Regional Director be 
attached to each sea bass pot on board a vessel with a Federal permit. 
Current regulations require this only for pots used or possessed in the 
EEZ; the revised language requires pots on board a vessel with a 
Federal permit to have the tag attached while in state waters also. 
This change makes this aspect of trap marking requirements consistent 
in the Gulf and South Atlantic and will enhance enforceability. NMFS is 
not aware of any vessels with Federal snapper-grouper permits that fish 
exclusively in state waters; therefore, this change is not expected to 
impose an additional burden. That is, if such vessels fish in Federal 
waters, the pots would have to be tagged while in Federal waters under 
current regulations. The change would simply require that tags remain 
on the trap while in state waters.

Prohibited Gear and Methods

    Use of explosives is prohibited currently for most fisheries 
because of the obvious detrimental impacts on nontarget fishery 
resources and habitat. To achieve consistency, this rule prohibits the 
use of explosives in the Gulf shrimp fishery and makes explicit the 
implied prohibition in the current coral regulations. NMFS is unaware 
of any use of explosives in these fisheries; therefore, this change is 
preventative and results in no additional regulatory burden on current 
fishery participants.

Landing Fish Intact

    For all fisheries for which fish must be landed intact, this rule 
allows such fish to be gilled and scaled, in addition to being 
eviscerated as allowed under current regulations. Currently only the 
Gulf reef fish regulations allow such fish to be gilled and scaled. 
This change would achieve consistency among fisheries, lessen existing 
restrictions, and not impair the effectiveness of other management 
measures for which the intact requirement was established.

Limitations on Fish Traps, Sea Bass Pots, and Spiny Lobster Traps

    Current regulations require that, in the Caribbean reef fish 
fishery, a trap owner's written authorization for another person to 
pull or tend his traps must specify the time period for such 
authorization. To achieve consistency, provide for effective management 
and enforcement, and protect the owner's interests, this rule adds the 
same requirement to the Caribbean spiny lobster fishery.

Specifically Authorized Activities

    Current regulations for all fisheries being consolidated by this 
rule provide for the appropriate authority to authorize, for the 
acquisition of information and data, activities that are otherwise 
prohibited. In addition, under the Gulf and South Atlantic coral 
regulations, the Regional Director may issue a permit for an individual 
to take or possess prohibited coral when such prohibited coral will be 
used for a scientific, educational, or restoration purpose. New 
regulations at 50 CFR 600.745, entitled ``Scientific research activity, 
exempted fishing, and exempted educational activity,'' cover activities 
that are otherwise prohibited and the take of prohibited coral for a 
scientific, educational, or restoration purpose. Accordingly, 50 CFR 
600.745 is referred to in the consolidated regulations in lieu of 
including these provisions.

Delegation of Authority

    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated to 
the Assistant Administrator for Fisheries, NOAA (AA), the authority to 
sign material for publication in the Federal Register.

[[Page 34933]]

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.

Paperwork Reduction Act

    This rule contains collection-of-information requirements subject 
to the PRA.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information, subject to the 
requirement of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

Approved Collection-of-Information Requirements

    The following collection-of-information requirements have already 
been approved by OMB under the following control numbers:
    a. 0648-0013--Dealer reports estimated at 0.085 hours per response. 
Dealer recordkeeping estimated at 0.667 hours per response. Trip 
interviews estimated at 0.167 hours per response.
    b. 0648-0016--Vessel reports: (1) Commercial vessel logbook reports 
estimated at 0.18 hours per response, (2) charter vessel logbook 
reports estimated at 0.20 hours per response, and (3) headboat logbook 
reports estimated at 0.20 hours per response. Coral reports: (1) 
Reports for individuals permitted to harvest prohibited coral, 
allowable octocoral, or live rock or deposit live rock estimated at 
0.25 hours per response, and (2) advance notification of aquacultured 
live rock harvest estimated at 0.033 hours per response. Negative 
reports for fishermen and dealers are estimated at 0.033 and 0.050 
hours per response, respectively.
    c. 0648-0205--Vessel permits estimated at 0.33 hours per response. 
Dealer permits estimated at 0.83 hours per response. Coral permits 
estimated at 0.25 hours per response.
    d. 0648-0262--Wreckfish share transfers estimated at 0.25 hours per 
response.
    e. 0648-0305--Gear identification requirements estimated at 0.33 
hours per response.
    f. 0648-0306--Vessel identification requirements estimated at 0.75 
hours per response.
    The estimated response times include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collections of information.

Revision of Approved Collection-of-Information Requirements

    This rule revises existing collection-of-information requirements 
regarding submissions of applications for coral permits, vessel 
permits, and dealer permits. The collections of information associated 
with such applications are currently approved under OMB Control No. 
0648-0205. In accordance with the President's Reporting Frequency 
Reduction Project, this rule reduces the frequency with which an 
applicant must apply for renewal of a coral, vessel, or dealer permit. 
Specifically, an applicant must apply only every other year in lieu of 
annually. A permit will continue to be issued for a 1-year period but 
will be automatically renewed for a second year, provided a vessel 
owner/operator or dealer has met the specific requirements for the 
permit, all required reports have been submitted, and the permit is not 
subject to sanction or denial. An applicant will be given a timely 
opportunity to correct any deficiency before a permit expires. This 
revision relieves a restriction regarding the frequency of responses 
required. The public reporting burdens for the approved collections, in 
terms of estimated time required per response, are unchanged by this 
revision. Send comments regarding burden estimates, or any other aspect 
of the data requirements, including suggestions for reducing the 
burden, to NMFS and OMB (see ADDRESSES).
    The changes necessary to achieve more uniform reporting 
requirements, discussed above under ``Recordkeeping and reporting'', 
have been approved by OMB under the approved collections of information 
listed above.
    Section 3507(c)(B)(i) of the PRA requires that agencies inventory 
and display a current control number assigned by the Director, OMB, for 
each agency information collection. Section 902.1(b) identifies the 
location of NOAA regulations for which OMB approval numbers have been 
issued. Because this interim final rule codifies many recordkeeping and 
reporting requirements, 15 CFR 902.1(b) is revised to reference 
correctly the new sections resulting from the consolidation.

Administrative Procedure Act

    This interim final rule consolidates 11 sets of regulations for the 
fisheries of the Caribbean, Gulf of Mexico, and South Atlantic into one 
comprehensive rule; reorganizes management measures in logical order; 
eliminates language that was duplicated among the various existing 
rules; and makes minor changes in certain regulatory provisions to 
provide a regulatory regime that is more consistent among all fisheries 
and less complex. While some of these minor changes may be of the type 
for which 5 U.S.C. 553 requires notice and opportunity for comment, to 
do so in this instance would be impractical and contrary to the public 
interest. The consolidation for the fisheries of the Caribbean, Gulf of 
Mexico, and South Atlantic is just one component of a comprehensive 
consolidation and restructuring of all of NMFS' fisheries regulations. 
That consolidation will be effective on July 1, 1996, and the 
Caribbean, Gulf of Mexico, and South Atlantic consolidation must be 
effective on that date as well or regulatory gaps and public confusion 
will result. The majority of changes in the Caribbean, Gulf of Mexico, 
and South Atlantic consolidation, including most of those that change 
existing rights or obligations, have neutral or less restrictive 
regulatory effects. Those few changes that result in greater 
restrictions or obligations are not likely to have any immediate effect 
for the reasons stated in the preamble. None of the changes are 
expected to increase regulatory burden significantly. Accordingly, the 
AA, under 5 U.S.C. 553(b)(3)(B), for good cause finds that providing 
advance notice and opportunity for public comment is impractical and 
contrary to the public interest. Public comment is invited for 30 days. 
If any significant, unforeseen regulatory effects are identified during 
public comment, appropriate changes will be made in the final rule. For 
the same reasons, the AA, under 5 U.S.C. 553(d)(3), for good cause 
waives the requirement to delay for 30 days the effectiveness of this 
rule.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

50 CFR Parts 638, 641, 642, 645, 646, 653, and 658

    Fisheries, Fishing, Reporting and recordkeeping requirements.

50 CFR Parts 647 and 659

    Fisheries, Fishing.

50 CFR Parts 669 and 670

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.


[[Page 34934]]


    Dated: June 20, 1996.
Henry R. Beasley,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR chapter IX and 50 
CFR chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b) table, in the entries for 50 CFR in 
the left column, in numerical order, the entries ``638.4'', ``638.5'', 
``638.6'', ``638.27'', ``641.5'', ``641.6'', ``641.10'', ``642.4'', 
``642.5'', ``642.6'', ``645.4'', ``645.6'', ``646.4'', ``646.5'', 
``646.6'', ``646.10'', ``653.5'', ``658.5'', ``658.6'', ``669.6'', 
``670.6'', and ``670.23'' and their corresponding OMB control numbers 
in the right column are removed, and new entries ``622.4'', ``622.5'', 
``622.6'', 622.15'', ``622.41(a)'', and ``622.45(a)'' and their 
corresponding OMB control numbers are added in numerical order to read 
as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                             Current OMB control number 
 CFR part or section where the information  (all numbers begin with 0648-
     collection requirement is located                    )             
------------------------------------------------------------------------
                                                                        
                                                                        
                  *        *        *        *        *                 
50 CFR                                                                  
                                                                        
                  *        *        *        *        *                 
622.4.....................................  -0205.                      
622.5.....................................  -0013, and -0016.           
622.6.....................................  -0305, and -0306.           
622.15....................................  -0262.                      
622.41(a).................................  -0016 and -0305.            
622.45(a).................................  -0013.                      
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

50 CFR CHAPTER VI

    3. Part 622 is added to read as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

Subpart A--General Provisions

Sec.
622.1  Purpose and scope.
622.2  Definitions and acronyms.
622.3  Relation to other laws and regulations.
622.4  Permits and fees.
622.5  Recordkeeping and reporting.
622.6  Vessel and gear identification.
622.7  Prohibitions.

Subpart B--Effort Limitations

622.15  Wreckfish individual transferable quota (ITQ) system.
622.16  Red snapper individual transferable quota (ITQ) system.

Subpart C--Management Measures

622.30  Fishing years.
622.31  Prohibited gear and methods.
622.32  Prohibited and limited-harvest species.
622.33  Caribbean EEZ seasonal and/or area closures.
622.34  Gulf EEZ seasonal and/or area closures.
622.35  South Atlantic EEZ seasonal and/or area closures.
622.36  Seasonal harvest limitations.
622.37  Minimum sizes.
622.38  Landing fish intact.
622.39  Bag and possession limits.
622.40  Limitations on traps and pots.
622.41  Species specific limitations.
622.42  Quotas.
622.43  Closures.
622.44  Commercial trip limits.
622.45  Restrictions on sale/purchase.
622.46  Prevention of gear conflicts.
622.47  Gulf groundfish trawl fishery.
622.48  Adjustment of management measures.
Appendix A to Part 622--Species Tables
Appendix B to Part 622--Gulf Areas
Appendix C to Part 622--Fish Length Measurements

    Authority: 16 U.S.C. 1801 et seq.

Subpart A--General Provisions


Sec. 622.1  Purpose and scope.

    (a) The purpose of this part is to implement the FMPs prepared 
under the Magnuson Act by the CFMC, GMFMC, and/or SAFMC listed in Table 
1 of this section.
    (b) This part governs conservation and management of species 
included in the FMPs in or from the Caribbean, Gulf, Mid-Atlantic, or 
South Atlantic EEZ, as indicated in Table 1 of this section. For the 
FMPs noted in the following table, conservation and management extends 
to adjoining state waters for the purposes of data collection and 
monitoring:

                                    Table 1.--FMPs Implemented Under Part 622                                   
----------------------------------------------------------------------------------------------------------------
                                             Responsible fishery management                                     
               FMP title                               council(s)                        Geographical area      
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP...........  SAFMC                                     Mid-Atlantic and South        
                                                                                   Atlantic.                    
FMP for Coastal Migratory Pelagic       GMFMC/SAFMC                               Gulf,\1\ Mid-Atlantic <SUP>1,2 and 
 Resources.                                                                        South Atlantic.<SUP>1, <SUP>3          
FMP for Coral and Coral Reefs of the    GMFMC                                     Gulf.                         
 Gulf of Mexico.                                                                                                
FMP for Coral, Coral Reefs, and Live/   SAFMC                                     South Atlantic.               
 Hard Bottom Habitats of the South                                                                              
 Atlantic Region.                                                                                               
FMP for Corals and Reef Associated      CFMC                                      Caribbean.                    
 Plants and Invertebrates of Puerto                                                                             
 Rico and the U.S. Virgin Islands.                                                                              
FMP for the Red Drum Fishery of the     GMFMC                                     Gulf.<SUP>1                        
 Gulf of Mexico.                                                                                                
FMP for the Reef Fish Fishery of        CFMC                                      Caribbean.                    
 Puerto Rico and the U.S. Virgin                                                                                
 Islands.                                                                                                       
FMP for the Reef Fish Resources of the  GMFMC                                     Gulf.<SUP>1                        
 Gulf of Mexico.                                                                                                
FMP for the Shrimp Fishery of the Gulf  GMFMC                                     Gulf.<SUP>1                        
 of Mexico.                                                                                                     
FMP for the Shrimp Fishery of the       SAFMC                                     South Atlantic.               
 South Atlantic Region.                                                                                         
FMP for the Snapper-Grouper Fishery of  SAFMC                                     South Atlantic.<SUP>1, <SUP>4           
 the South Atlantic Region.                                                                                     
FMP for the Spiny Lobster Fishery of    CFMC                                      Caribbean.                    
 Puerto Rico and the U.S. Virgin                                                                                
 Islands.                                                                                                       
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.        
\2\ Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic.                               
\3\ Bluefish are not managed under the FMP in the South Atlantic.                                               
\4\ Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35    
  deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC.                                                   


[[Page 34935]]




Sec. 622.2  Definitions and acronyms.

    In addition to the definitions in the Magnuson Act and in 
Sec. 600.10 of this chapter, and the acronyms in Sec. 600.15 of this 
chapter, the terms and acronyms used in this part have the following 
meanings:
    Allowable chemical means a substance, generally used to immobilize 
marine life so that it can be captured alive, that, when introduced 
into the water, does not take Gulf and South Atlantic prohibited coral 
and is allowed by Florida for the harvest of tropical fish (e.g., 
quinaldine, quinaldine compounds, or similar substances).
    Allowable octocoral means an erect, nonencrusting species of the 
subclass Octocorallia, except the seafans Gorgonia flabellum and G. 
ventalina, plus the attached substrate within 1 inch (2.54 cm) of an 
allowable octocoral.

    Note: An erect, nonencrusting species of the subclass 
Octocorallia, except the seafans Gorgonia flabellum and G. 
ventalina, with attached substrate exceeding 1 inch (2.54 cm) is 
considered to be live rock and not allowable octocoral.

    Aquacultured live rock means live rock that is harvested under a 
Federal aquacultured live rock permit, as required under 
Sec. 622.4(a)(3)(iii).
    Authorized statistical reporting agent means:
    (1) Any person so designated by the SRD; or
    (2) Any person so designated by the head of any Federal or State 
agency that has entered into an agreement with the Assistant 
Administrator to collect fishery data.
    Buoy gear means fishing gear consisting of a float and one or more 
weighted lines suspended therefrom, generally long enough to reach the 
bottom. A hook or hooks (usually 6 to 10) are on the lines at or near 
the end. The float and line(s) drift freely and are retrieved 
periodically to remove catch and rebait hooks.
    Carapace length means the straight-line distance from the orbital 
notch inside the orbital spine, in a line parallel to the lateral 
rostral sulcus, to the posterior margin of the cephalothorax. (See 
Figure 1 in Appendix C of this part.)
    Caribbean means the Caribbean Sea around Puerto Rico and the U.S. 
Virgin Islands.
    Caribbean coral reef resource means one or more of the species, or 
a part thereof, listed in Table 1 in Appendix A of this part, whether 
living or dead.
    Caribbean prohibited coral means, in the Caribbean; a gorgonian, 
that is, a Caribbean coral reef resource of the Class Anthozoa, 
Subclass Octocorallia, Order Gorgonacea; a live rock; or a stony coral, 
that is, a Caribbean coral reef resource of the Class Hydrozoa (fire 
corals and hydrocorals) or of the Class Anthozoa, Subclass 
Hexacorallia, Orders Scleractinia (stony corals) and Antipatharia 
(black corals); or a part thereof.
    Caribbean reef fish means one or more of the species, or a part 
thereof, listed in Table 2 in Appendix A of this part.
    Caribbean spiny lobster means the species Panulirus argus, or a 
part thereof.
    CFMC means the Caribbean Fishery Management Council.
    Charter vessel means a vessel less than 100 gross tons (90.8 mt) 
that meets the requirements of the USCG to carry six or fewer 
passengers for hire and that carries a passenger for hire at any time 
during the calendar year. A charter vessel with a commercial permit, as 
required under Sec. 622.4(a)(2), is considered to be operating as a 
charter vessel when it carries a passenger who pays a fee or when there 
are more than three persons aboard, including operator and crew.
    Coastal migratory pelagic fish means one or more of the following 
species, or a part thereof:
    (1) Bluefish, Pomatomus saltatrix (Gulf of Mexico only).
    (2) Cero, Scomberomorus regalis.
    (3) Cobia, Rachycentron canadum.
    (4) Dolphin, Coryphaena hippurus
    (5) King mackerel, Scomberomorus cavalla.
    (6) Little tunny, Euthynnus alletteratus.
    (7) Spanish mackerel, Scomberomorus maculatus.
    Coral area means marine habitat in the Gulf or South Atlantic EEZ 
where coral growth abounds, including patch reefs, outer bank reefs, 
deep water banks, and hard bottoms.
    Drift gillnet, for the purposes of this part, means a gillnet, 
other than a run-around gillnet, that is unattached to the ocean 
bottom, whether or not attached to a vessel.
    Fish trap means--
    (1) In the Caribbean EEZ, a trap and its component parts (including 
the lines and buoys), regardless of the construction material, used for 
or capable of taking finfish.
    (2) In the Gulf EEZ, a trap and its component parts (including the 
lines and buoys), regardless of the construction material, used for or 
capable of taking finfish, except a trap historically used in the 
directed fishery for crustaceans (that is, blue crab, stone crab, and 
spiny lobster).
    (3) In the South Atlantic EEZ, a trap and its component parts 
(including the lines and buoys), regardless of the construction 
material, used for or capable of taking fish, except a sea bass pot or 
a crustacean trap (that is, a type of trap historically used in the 
directed fishery for blue crab, stone crab, or spiny lobster and that 
contains at any time not more than 25 percent, by number, of fish other 
than blue crab, stone crab, and spiny lobster).
    Fork length means the straight-line distance from the tip of the 
head (snout) to the rear center edge of the tail (caudal fin). (See 
Figure 2 in Appendix C of this part.)
    GMFMC means the Gulf of Mexico Fishery Management Council.
    Gulf means the Gulf of Mexico. The line of demarcation between the 
Atlantic Ocean and the Gulf of Mexico is specified in Sec. 600.105(c) 
of this chapter.
    Gulf reef fish means one or more of the species, or a part thereof, 
listed in Table 3 in Appendix A of this part.
    Gulf and South Atlantic prohibited coral means, in the Gulf and 
South Atlantic, one or more of the following, or a part thereof:
    (1) Coral belonging to the Class Hydrozoa (fire corals and 
hydrocorals).
    (2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia, 
Orders Scleractinia (stony corals) and Antipatharia (black corals).
    (3) A seafan, Gorgonia flabellum or G. ventalina.
    (4) Coral in a coral reef, except for allowable octocoral.
    (5) Coral in an HAPC, including allowable octocoral.
    HAPC means habitat area of particular concern.
    Headboat means a vessel that holds a valid Certificate of 
Inspection issued by the USCG to carry passengers for hire. A headboat 
with a commercial vessel permit, as required under Sec. 622.4(a)(2), is 
considered to be operating as a headboat when it carries a passenger 
who pays a fee or--
    (1) In the case of persons aboard fishing for or possessing South 
Atlantic snapper-grouper, when there are more persons aboard than the 
number of crew specified in the vessel's Certificate of Inspection; or
    (2) In the case of persons aboard fishing for or possessing coastal 
migratory pelagic fish or Gulf reef fish, when there are more than 
three persons aboard, including operator and crew.
    Live rock means living marine organisms, or an assemblage thereof, 
attached to a hard substrate, including dead coral or rock (excluding 
individual mollusk shells).
    MAFMC means the Mid-Atlantic Fishery Management Council.

[[Page 34936]]

    Mid-Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the New England Fishery Management 
Council and the MAFMC, as specified in Sec. 600.105(a) of this chapter, 
to the boundary between the MAFMC and the SAFMC, as specified in 
Sec. 600.105(b) of this chapter.
    Migratory group, for king and Spanish mackerel, means a group of 
fish that may or may not be a separate genetic stock, but that is 
treated as a separate stock for management purposes. King and Spanish 
mackerel are divided into migratory groups--the Atlantic migratory 
group and the Gulf migratory group. The boundaries between these groups 
are as follows:
    (1) King mackerel--(i) Summer separation. From April 1 through 
October 31, the boundary separating the Gulf and Atlantic migratory 
groups of king mackerel is 25 deg.48' N. lat., which is a line directly 
west from the Monroe/Collier County, FL, boundary to the outer limit of 
the EEZ.
    (ii) Winter separation. From November 1 through March 31, the 
boundary separating the Gulf and Atlantic migratory groups of king 
mackerel is 29 deg.25' N. lat., which is a line directly east from the 
Volusia/Flagler County, FL boundary to the outer limit of the EEZ.
    (2) Spanish mackerel. The boundary separating the Gulf and Atlantic 
migratory groups of Spanish mackerel is 25 deg.20.4' N. lat., which is 
a line directly east from the Dade/Monroe County, FL, boundary to the 
outer limit of the EEZ.
    Off Florida means the waters in the Gulf and South Atlantic from 
30 deg.42'45.6'' N. lat., which is a line directly east from the 
seaward terminus of the Georgia/Florida boundary, to 87 deg.31'06'' W. 
long., which is a line directly south from the Alabama/Florida 
boundary.
    Off Georgia means the waters in the South Atlantic from a line 
extending in a direction of 104 deg. from true north from the seaward 
terminus of the South Carolina/Georgia boundary to 30 deg.42'45.6'' N. 
lat., which is a line directly east from the seaward terminus of the 
Georgia/Florida boundary.
    Off Louisiana, Mississippi, and Alabama means the waters in the 
Gulf other than off Florida and off Texas.
    Off North Carolina means the waters in the South Atlantic from 
36 deg.34'55'' N. lat., which is a line directly east from the 
Virginia/North Carolina boundary, to a line extending in a direction of 
135 deg.34'55'' from true north from the North Carolina/South Carolina 
boundary, as marked by the border station on Bird Island at 33 deg. 
51'07.9'' N. lat., 78 deg.32'32.6'' W. long.
    Off South Carolina means the waters in the South Atlantic from a 
line extending in a direction of 135 deg.34'55'' from true north from 
the North Carolina/South Carolina boundary, as marked by the border 
station on Bird Island at 33 deg.51'07.9'' N. lat., 78'32'32.6'' W. 
long., to a line extending in a direction of 104 deg. from true north 
from the seaward terminus of the South Carolina/Georgia boundary.
    Off Texas means the waters in the Gulf west of a rhumb line from 
29 deg.32.1' N. lat., 93 deg.47.7' W. long. to 26 deg.11.4' N. lat., 
92 deg.53' W. long., which line is an extension of the boundary between 
Louisiana and Texas.
    Powerhead means any device with an explosive charge, usually 
attached to a speargun, spear, pole, or stick, that fires a projectile 
upon contact.
    Processor means a person who processes fish or fish products, or 
parts thereof, for commercial use or consumption.
    Purchase means the act or activity of buying, trading, or 
bartering, or attempting to buy, trade, or barter.
    Red drum, also called redfish, means Sciaenops ocellatus, or a part 
thereof.
    Red snapper means Lutjanus campechanus, or a part thereof, one of 
the Gulf reef fish species.
    Regional Director (RD), for the purposes of this part, means the 
Director, Southeast Region, NMFS (see Table 1 of Sec. 600.502 of this 
chapter).
    Run-around gillnet means a gillnet with a float line 1,000 yd (914 
m) or less in length that, when used, encloses an area of water.
    SAFMC means the South Atlantic Fishery Management Council.
    Sale or sell means the act or activity of transferring property for 
money or credit, trading, or bartering, or attempting to so transfer, 
trade, or barter.
    Science and Research Director (SRD), for the purposes of this part, 
means the Science and Research Director, Southeast Fisheries Science 
Center, NMFS (see Table 1 of Sec. 600.502 of this chapter).
    Sea bass pot means a trap has six rectangular sides and does not 
exceed 25 inches (63.5 cm) in height, width, or depth.
    Shrimp means one or more of the following species, or a part 
thereof:
    (1) Brown shrimp, Penaeus aztecus.
    (2) Pink shrimp, Penaeus duorarum.
    (3) Rock shrimp, Sicyonia brevirostris.
    (4) Royal red shrimp, Pleoticus robustus.
    (5) Seabob shrimp, Xiphopenaeus kroyeri.
    (6) White shrimp, Penaeus setiferus.
    SMZ means special management zone.
    South Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the MAFMC and the SAFMC, as specified 
in Sec. 600.105(b) of this chapter, to the line of demarcation between 
the Atlantic Ocean and the Gulf of Mexico, as specified in 
Sec. 600.105(c) of this chapter.
    South Atlantic snapper-grouper means one or more of the species, or 
a part thereof, listed in Table 4 in Appendix A of this part.
    Total length (TL), for the purposes of this part, means the 
straight-line distance from the tip of the snout to the tip of the tail 
(caudal fin), excluding any caudal filament, while the fish is lying on 
its side. The mouth of the fish may be closed and/or the tail may be 
squeezed together to give the greatest overall measurement. (See Figure 
2 in Appendix C of this part.)
    Toxic chemical means any substance, other than an allowable 
chemical, that, when introduced into the water, can stun, immobilize, 
or take marine life.
    Trip means a fishing trip, regardless of number of days duration, 
that begins with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawall, or 
ramp.
    Wild live rock means live rock other than aquacultured live rock.
    Wreckfish means the species Polyprion americanus, or a part 
thereof, one of the South Atlantic snapper-grouper species.


Sec. 622.3  Relation to other laws and regulations.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter and paragraphs (b) and (c) of this 
section.
    (b) Except for regulations on allowable octocoral, Gulf and South 
Atlantic prohibited coral, and live rock, this part is intended to 
apply within the EEZ portions of applicable National Marine Sanctuaries 
and National Parks, unless the regulations governing such Sanctuaries 
or Parks prohibit their application. Regulations on allowable 
octocoral, Gulf and South Atlantic prohibited coral, and live rock do 
not apply within the EEZ portions of the following National Marine 
Sanctuaries and National Parks:
    (1) Everglades National Park (36 CFR 7.45).
    (2) Looe Key National Marine Sanctuary (15 CFR part 937).
    (3) Fort Jefferson National Monument (36 CFR 7.27).
    (4) Key Largo Coral Reef National Marine Sanctuary (15 CFR part 
929).

[[Page 34937]]

    (5) Biscayne National Park (16 U.S.C. 410gg).
    (6) Gray's Reef National Marine Sanctuary (15 CFR Part 938).
    (7) Monitor Marine Sanctuary (15 CFR part 924).
    (c) For allowable octocoral, if a state has a catch, landing, or 
gear regulation that is more restrictive than a catch, landing, or gear 
regulation in this part, a person landing in such state allowable 
octocoral taken from the Gulf or South Atlantic EEZ must comply with 
the more restrictive state regulation.
    (d) General provisions on facilitation of enforcement, penalties, 
and enforcement policy applicable to all domestic fisheries are set 
forth in Secs. 600.730, 600.735, and 600.740 of this chapter, 
respectively.
    (e) An activity that is otherwise prohibited by this part may be 
conducted if authorized as scientific research activity, exempted 
fishing, or exempted educational activity, as specified in Sec. 600.745 
of this chapter.


Sec. 622.4  Permits and fees.

    (a) Permits required. To conduct activities in fisheries governed 
in this part, valid Federal permits are required as follows:
    (1) Charter vessel/headboat permits. For a person aboard a vessel 
that is operating as a charter vessel or headboat to fish for or 
possess coastal migratory pelagic fish, Gulf reef fish, or South 
Atlantic snapper-grouper in or from the EEZ, a charter vessel/headboat 
permit for coastal migratory pelagic fish, Gulf reef fish, or South 
Atlantic snapper-grouper, respectively, must have been issued to the 
vessel and must be on board. A charter vessel or headboat may have both 
a charter vessel/headboat permit and a commercial vessel permit. 
However, when a vessel is operating as a charter vessel or headboat, a 
person aboard must adhere to the bag limits.
    (2) Commercial vessel permits and endorsements--(i) Fish traps in 
the Gulf. For a person to possess or use a fish trap in the EEZ in the 
Gulf of Mexico, a commercial vessel permit for Gulf reef fish with a 
fish trap endorsement must have been issued to the vessel and must be 
on board. See paragraph (n) of this section regarding a moratorium on 
fish trap endorsements.
    (ii) Gillnets for king mackerel in the Florida west coast subzone. 
For a person aboard a vessel to use a run-around gillnet for king 
mackerel in the Florida west coast subzone (see 
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king and 
Spanish mackerel with a gillnet endorsement must have been issued to 
the vessel and must be on board. See paragraph (o) of this section for 
restrictions on addition or deletion of a gillnet endorsement.
    (iii) [Reserved]
    (iv) King and Spanish mackerel. For a person aboard a vessel to be 
eligible for exemption from the bag limits and to fish under a quota 
for king or Spanish mackerel in or from the Gulf, Mid-Atlantic, or 
South Atlantic EEZ, a commercial vessel permit for king and Spanish 
mackerel must have been issued to the vessel and must be on board. To 
obtain or renew a commercial vessel permit for king and Spanish 
mackerel, at least 10 percent of the applicant's earned income must 
have been derived from commercial fishing, that is, sale of fish 
harvested from the applicant's vessels, during one of the 3 calendar 
years preceding the application.
    (v) Gulf reef fish. For a person aboard a vessel to be eligible for 
exemption from the bag limits, to fish under a quota, or to sell Gulf 
reef fish in or from the Gulf EEZ, a commercial vessel permit for Gulf 
reef fish must have been issued to the vessel and must be on board. To 
obtain or renew a commercial vessel permit for Gulf reef fish, more 
than 50 percent of the applicant's earned income must have been derived 
from commercial fishing, that is, sale of fish harvested from the 
applicant's vessels, or from charter or headboat operations during 
either of the 2 calendar years preceding the application. See paragraph 
(m) of this section regarding a moratorium on commercial vessel permits 
for Gulf reef fish and paragraph (m)(3) of this section for a limited 
exception to the earned income requirement for a permit.
    (vi) South Atlantic snapper-grouper. For a person aboard a vessel 
to be eligible for exemption from the bag limits for South Atlantic 
snapper-grouper in or from the South Atlantic EEZ, to engage in the 
directed fishery for tilefish in the South Atlantic EEZ, to use a 
longline to fish for South Atlantic snapper-grouper in the South 
Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ north 
of 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL), a commercial vessel permit for South 
Atlantic snapper-grouper must have been issued to the vessel and must 
be on board. A vessel with longline gear and more than 200 lb (90.7 
kilograms) of tilefish aboard is considered to be in the directed 
fishery for tilefish. It is a rebuttable presumption that a fishing 
vessel with more than 200 lb of tilefish aboard harvested such tilefish 
in the EEZ. To obtain or renew a commercial vessel permit for South 
Atlantic snapper-grouper, more than 50 percent of the applicant's 
earned income must have been derived from commercial fishing, that is, 
sale of fish harvested from the applicant's vessels, or from charter or 
headboat operations; or gross sales of fish harvested from the owner's, 
operator's, corporation's, or partnership's vessels must have been 
greater than $20,000, during one of the 3 calendar years preceding the 
application.
    (vii) Wreckfish. For a person aboard a vessel to fish for wreckfish 
in the South Atlantic EEZ, possess wreckfish in or from the South 
Atlantic EEZ, offload wreckfish from the South Atlantic EEZ, or sell 
wreckfish in or from the South Atlantic EEZ, a commercial vessel permit 
for wreckfish must have been issued to the vessel and must be on board. 
To obtain a commercial vessel permit for wreckfish, the applicant must 
be a wreckfish shareholder; and either the shareholder must be the 
vessel owner or the owner or operator must be an employee, contractor, 
or agent of the shareholder. (See Sec. 622.15 for information on 
wreckfish shareholders.)
    (3) Coral permits--(i) Allowable chemical. For an individual to 
take or possess fish or other marine organisms with an allowable 
chemical in a coral area, other than fish or other marine organisms 
that are landed in Florida, a Federal allowable chemical permit must 
have been issued to the individual. Such permit must be available when 
the permitted activity is being conducted and when such fish or other 
marine organisms are possessed, through landing ashore.
    (ii) Allowable octocoral. For an individual to take or possess 
allowable octocoral in the Gulf or South Atlantic EEZ, other than 
allowable octocoral that is landed in Florida, a Federal allowable 
octocoral permit must have been issued to the individual. Such permit 
must be available for inspection when the permitted activity is being 
conducted and when allowable octocoral is possessed, through landing 
ashore.
    (iii) Aquacultured live rock. For a person to take or possess 
aquacultured live rock in the Gulf or South Atlantic EEZ, a Federal 
aquacultured live rock permit must have been issued for the specific 
harvest site. Such permit, or a copy, must be on board a vessel 
depositing or possessing material on an aquacultured live rock site or 
harvesting or possessing live rock from an aquacultured live rock site.
    (iv) Prohibited coral. A Federal permit may be issued to take or 
possess Gulf and South Atlantic prohibited coral or Caribbean 
prohibited coral only as scientific research activity, exempted 
fishing, or exempted educational

[[Page 34938]]

activity. See Sec. 600.745 of this chapter for the procedures and 
limitations for such activities and fishing.
    (v) Florida permits. Appropriate Florida permits and endorsements 
are required for the following activities, without regard to whether 
they involve activities in the EEZ or Florida's waters:
    (A) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (B) Landing allowable octocoral in Florida.
    (C) Landing live rock in Florida.
    (vi) Wild live rock permits. A Federal permit is required for a 
vessel to take or possess wild live rock in or from the Gulf EEZ. To be 
eligible for a wild live rock vessel permit, the current owner of the 
vessel for which the permit is requested must have had the required 
Florida permit and endorsements for live rock on or before February 3, 
1994, and a record of landings of live rock on or before February 3, 
1994, as documented on trip tickets received by the Florida Department 
of Environmental Protection before March 15, 1994. For landings other 
than in Florida, equivalent state permits/endorsements, if required, 
and landing records may be substituted for the Florida permits/
endorsements and trip tickets. An owner will not be issued permits in 
numbers exceeding the number of vessels for which the owning entity had 
the requisite reported landings. An owner of a permitted vessel may 
transfer the vessel permit to another vessel owned by the same person 
by returning the existing permit with an application for a vessel 
permit for the replacement vessel. No wild live rock vessel permits 
will be issued after the quota for wild live rock in the Gulf, as 
specified in Sec. 622.42(b)(2), is reached or after December 31, 1996.
    (4) Dealer permits. For a dealer to receive Gulf reef fish, South 
Atlantic snapper-grouper, or wreckfish harvested from the Gulf or South 
Atlantic EEZ, a dealer permit for Gulf reef fish, South Atlantic 
snapper-grouper, or wreckfish, respectively, must have been issued to 
the dealer. To obtain a dealer permit, the applicant must have a valid 
state wholesaler's license in the state(s) where the dealer operates, 
if required by such state(s), and must have a physical facility at a 
fixed location in such state(s).
    (b) Applications for permits. Application forms for all permits are 
available from the RD. Completed application forms and all required 
supporting documents must be submitted to the RD at least 30 days prior 
to the date on which the applicant desires to have the permit made 
effective. All vessel permits are mailed to owners, whether the 
applicant is an owner or an operator.
    (1) Coral permits. (i) The applicant for a coral permit must be the 
individual who will be conducting the activity that requires the 
permit. In the case of a corporation or partnership that will be 
conducting live rock aquaculture activity, the applicant must be the 
principal shareholder or a general partner.
    (ii) An applicant must provide the following:
    (A) Name, address, telephone number, and other identifying 
information of the applicant.
    (B) Name and address of any affiliated company, institution, or 
organization.
    (C) Information concerning vessels, harvesting gear/methods, or 
fishing areas, as specified on the application form.
    (D) Any other information that may be necessary for the issuance or 
administration of the permit.
    (E) If applying for an aquacultured live rock permit, 
identification of each vessel that will be depositing material on or 
harvesting aquacultured live rock from the proposed aquacultured live 
rock site, specification of the port of landing of aquacultured live 
rock, and a site evaluation report prepared pursuant to generally 
accepted industry standards that--
    (1) Provides accurate coordinates of the proposed harvesting site 
so that it can be located using LORAN or Global Positioning System 
equipment;
    (2) Shows the site on a chart in sufficient detail to determine its 
size and allow for site inspection;
    (3) Discusses possible hazards to safe navigation or hindrance to 
vessel traffic, traditional fishing operations, or other public access 
that may result from aquacultured live rock at the site;
    (4) Describes the naturally occurring bottom habitat at the site; 
and
    (5) Specifies the type and origin of material to be deposited on 
the site and how it will be distinguishable from the naturally 
occurring substrate.
    (2) Dealer permits. (i) The application for a dealer permit must be 
submitted by the owner (in the case of a corporation, an officer or 
shareholder; in the case of a partnership, a general partner).
    (ii) An applicant must provide the following:
    (A) A copy of each state wholesaler's license held by the dealer.
    (B) Name, address, telephone number, date the business was formed, 
and other identifying information of the business.
    (C) The address of each physical facility at a fixed location where 
the business receives fish.
    (D) Name, address, telephone number, other identifying information, 
and official capacity in the business of the applicant.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (3) Vessel permits. (i) The application for a commercial vessel 
permit, other than for wreckfish, or for a charter vessel/headboat 
permit must be submitted by the owner (in the case of a corporation, an 
officer or shareholder; in the case of a partnership, a general 
partner) or operator of the vessel. A commercial vessel permit that is 
issued based on the earned income qualification of an operator is valid 
only when that person is the operator of the vessel. The applicant for 
a commercial vessel permit for wreckfish must be a wreckfish 
shareholder.
    (ii) An applicant must provide the following:
    (A) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (B) Vessel name and official number.
    (C) Name, address, telephone number, and other identifying 
information of the vessel owner and of the applicant, if other than the 
owner.
    (D) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (F) If applying for a commercial vessel permit, documentation, as 
specified in the instructions accompanying each application form, 
showing that applicable eligibility requirements of paragraph (a)(2) of 
this section have been met.
    (G) If a fish trap or sea bass pot will be used, the number, 
dimensions, and estimated cubic volume of the traps/pots that will be 
used and the applicant's desired color code for use in identifying his 
or her vessel and buoys (white is not an acceptable color code).
    (c) Change in application information. The owner or operator of a 
vessel with a permit or a dealer with a permit must notify the RD 
within 30 days after any change in the application information 
specified in paragraph (b) of this section. The permit is void if any 
change in the information is not reported within 30 days.
    (d) Fees. A fee is charged for each permit application submitted 
under paragraph (b) of this section and for each fish trap or sea bass 
pot

[[Page 34939]]

identification tag required under Sec. 622.6(b)(1)(i). The amount of 
each fee is calculated in accordance with the procedures of the NOAA 
Finance Handbook, available from the RD, for determining the 
administrative costs of each special product or service. The fee may 
not exceed such costs and is specified with each application form. The 
appropriate fee must accompany each application or request for fish 
trap/sea bass pot identification tags.
    (e) Initial issuance. (1) The RD will issue an initial permit at 
any time to an applicant if the application is complete and the 
specific requirements for the requested permit have been met. An 
application is complete when all requested forms, information, and 
documentation have been received.
    (2) Upon receipt of an incomplete application, the RD will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RD's letter of 
notification, the application will be considered abandoned.
    (f) Duration. A permit remains valid for the period specified on it 
unless it is revoked, suspended, or modified pursuant to subpart D of 
15 CFR part 904 or the vessel or dealership is sold.
    (g) Transfer. A vessel permit or endorsement or dealer permit 
issued under this section is not transferable or assignable, except as 
provided in paragraph (m) of this section for a commercial vessel 
permit for Gulf reef fish or as provided in paragraph (n) of this 
section for a fish trap endorsement. A person who acquires a vessel or 
dealership who desires to conduct activities for which a permit or 
endorsement is required must apply for a permit or endorsement in 
accordance with the provisions of this section. If the acquired vessel 
or dealership is currently permitted, the application must be 
accompanied by the original permit and a copy of a signed bill of sale 
or equivalent acquisition papers.
    (h) Renewal. Although a permit required by this section is issued 
on an annual basis, an application for permit renewal is required only 
every 2 years. In the interim years, a permit is renewed automatically 
(without application) for a vessel owner or dealer who has met the 
specific requirements for the requested permit, who has submitted all 
reports required under the Magnuson Act, and who is not subject to a 
permit sanction or denial under paragraph (j) of this section. An owner 
or dealer whose permit is expiring will be mailed a notification by the 
RD approximately 2 months prior to expiration of the current permit. 
That notification will advise the status of the renewal of the permit. 
That is, the notification will advise that the renewed permit will be 
issued without further action by the owner or dealer, that the permit 
is not eligible for automatic renewal, or that a new application is 
required. A notification that a permit is not eligible for automatic 
renewal will specify the reasons and will provide an opportunity for 
correction of any deficiencies. A notification that a new application 
is required will include a preprinted renewal application. An 
automatically renewed permit will be mailed by the RD approximately 1 
month prior to expiration of the old permit. A vessel owner or dealer 
who does not receive a notification of status of renewal of a permit by 
45 days prior to expiration of the current permit must contact the RD.
    (i) Display. A vessel permit or endorsement issued under this 
section must be carried on board the vessel. A dealer permit issued 
under this section, or a copy thereof, must be available on the 
dealer's premises. In addition, a copy of the dealer's permit must 
accompany each vehicle that is used to pick up from a fishing vessel 
reef fish harvested from the Gulf EEZ. The operator of a vessel must 
present the permit or endorsement for inspection upon the request of an 
authorized officer. A dealer or a vehicle operator must present the 
permit or a copy for inspection upon the request of an authorized 
officer.
    (j) Sanctions and denials. A permit or endorsement issued pursuant 
to this section may be revoked, suspended, or modified, and a permit or 
endorsement application may be denied, in accordance with the 
procedures governing enforcement-related permit sanctions and denials 
found at subpart D of 15 CFR part 904.
    (k) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (l) Replacement. A replacement permit or endorsement may be issued. 
An application for a replacement permit or endorsement will not be 
considered a new application. A fee, the amount of which is stated with 
the application form, must accompany each request for a replacement.
    (m) Moratorium on commercial vessel permits for Gulf reef fish. 
This paragraph (m) is effective through December 31, 2000.
    (1) Except for an application for renewal of an existing commercial 
vessel permit for Gulf reef fish, or as provided in paragraphs (m)(2) 
and (3) of this section, no applications for such commercial vessel 
permits will be accepted.
    (2) An owner of a permitted vessel may transfer the commercial 
vessel permit for Gulf reef fish to another vessel owned by the same 
entity by returning the existing permit to the RD with an application 
for a commercial vessel permit for the replacement vessel.
    (3) An owner whose earned income qualified for the commercial 
vessel permit for Gulf reef fish may transfer that permit to the owner 
of another vessel or to the new owner when he or she sells the 
permitted vessel. The owner of a vessel that is to receive the 
transferred permit must return the existing permit to the RD with an 
application for a commercial vessel permit for Gulf reef fish for his 
or her vessel. Such new owner may receive a commercial vessel permit 
for Gulf reef fish for that vessel, and renew it for the first calendar 
year after obtaining it, without meeting the earned income requirement 
of paragraph (a)(2)(v) of this section. However, to renew the 
commercial vessel permit for the second calendar year after the 
transfer, the new owner must meet that earned income requirement not 
later than the first calendar year after the permit transfer takes 
place.
    (4) A commercial vessel permit for Gulf reef fish that is not 
renewed or that is revoked will not be reissued. A permit is considered 
to be not renewed when an application for renewal is not received by 
the RD within 1 year of the expiration date of the permit.
    (n) Moratorium on endorsements for fish traps in the Gulf. The 
provisions of this paragraph (n) are effective through February 7, 
1997.
    (1) A fish trap endorsement will not be issued or renewed unless 
the current owner of the commercially permitted vessel for which the 
endorsement is requested has a record of landings of Gulf reef fish 
from fish traps in the Gulf EEZ during 1991 or 1992, as reported on 
fishing vessel logbooks received by the SRD on or before November 19, 
1992. An owner will not be issued fish trap endorsements for vessels in 
numbers exceeding the number of vessels for which the owning entity had 
the requisite reported landings in 1991 or 1992.
    (2) An owner of a vessel with a fish trap endorsement may transfer 
the endorsement to another vessel owned by the same entity by returning 
the existing endorsement with an application for an endorsement for the 
replacement vessel.
    (3) A fish trap endorsement is not transferable upon change of 
ownership of a vessel with such endorsement, except as follows:
    (i) Such endorsement is transferable when the change of ownership 
of the permitted vessel is from one to another

[[Page 34940]]

of the following: Husband, wife, son, daughter, brother, sister, 
mother, or father.
    (ii) In the event that a vessel with a fish trap endorsement has a 
change of ownership that is directly related to the disability or death 
of the owner, the RD may issue such endorsement, temporarily or 
permanently, with the commercial vessel permit for Gulf reef fish that 
is issued for the vessel under the new owner. Such new owner will be 
the person specified by the owner or his/her legal guardian, in the 
case of a disabled owner, or by the will or executor/administrator of 
the estate, in the case of a deceased owner. (Change of ownership of a 
vessel with a commercial vessel permit for Gulf reef fish upon 
disability or death of an owner is considered a purchase of a permitted 
vessel and paragraph (m)(3) of this section applies regarding a 
commercial vessel permit for Gulf reef fish for the vessel under the 
new owner.)
    (4) A fish trap endorsement in effect on September 12, 1995, may be 
transferred to a vessel with a commercial vessel permit for Gulf reef 
fish whose owner has a record of landings of reef fish from fish traps 
in the Gulf EEZ, as reported on fishing vessel logbooks received by the 
SRD from November 20, 1992, through February 6, 1994, and who was 
unable to obtain a fish trap endorsement for such vessel under 
paragraph (n)(1) of this section. The owner of a vessel that is to 
receive the transferred endorsement must return the currently endorsed 
commercial vessel permit for Gulf reef fish and the unendorsed permit 
to the RD with an application for a fish trap endorsement for his or 
her vessel. Revised commercial vessel permits will be returned to each 
owner.
    (5) If a fish trap endorsement is transferred under paragraph 
(n)(3) or (4) of this section, the owner of the vessel to which the 
endorsement is transferred may renew the endorsement without regard to 
the requirement of paragraph (n)(1) of this section regarding a record 
of landing of Gulf reef fish from fish traps.
    (6) A fish trap endorsement that is not renewed or that is revoked 
will not be reissued. Such endorsement is considered to be not renewed 
when an application for renewal is not received by the RD within 1 year 
of the expiration date of the permit.
    (o) Endorsements for the use of gillnets for king and Spanish 
mackerel in the Florida west coast subzone. Other paragraphs of this 
section notwithstanding--
    (1) An owner of a vessel that has a commercial vessel permit for 
king and Spanish mackerel may add or delete a gillnet endorsement on a 
permit by returning to the RD the vessel's existing permit with a 
written request for addition or deletion of the gillnet endorsement. 
Such request must be postmarked or hand delivered during June, each 
year.
    (2) A gillnet endorsement may not be added or deleted from July 1 
through May 31 each year, any renewal of the permit during that period 
notwithstanding. From July 1 through May 31, a permitted vessel that is 
sold, if permitted by the new owner for king and Spanish mackerel, will 
receive a permit with or without the gillnet endorsement as was the 
case for the vessel under the previous owner. From July 1 through May 
31, the initial commercial vessel permit for king and Spanish mackerel 
issued for a vessel new to the fishery will be issued without a gillnet 
endorsement.


Sec. 622.5  Recordkeeping and reporting.

    Participants in fisheries governed in this part are required to 
keep records and report as follows.
    (a) Commercial vessel owners and operators--(1) Requirements by 
species--(i) Coastal migratory pelagic fish. The owner or operator of a 
vessel that fishes for or lands coastal migratory pelagic fish for sale 
in or from the Gulf or South Atlantic EEZ or adjoining state waters, or 
whose vessel is issued a commercial permit for king and Spanish 
mackerel, as required under Sec. 622.4(a)(2)(iv), who is selected to 
report by the SRD must maintain a fishing record on a form available 
from the SRD and must submit such record as specified in paragraph 
(a)(2) of this section.
    (ii) Gulf reef fish. The owner or operator of a vessel for which a 
commercial permit for Gulf reef fish has been issued, as required under 
Sec. 622.4(a)(2)(v), or whose vessel fishes for or lands reef fish in 
or from state waters adjoining the Gulf EEZ, who is selected to report 
by the SRD must maintain a fishing record on a form available from the 
SRD and must submit such record as specified in paragraph (a)(2) of 
this section.
    (iii) Gulf shrimp. The owner or operator of a vessel that fishes 
for shrimp in the Gulf EEZ or in adjoining state waters, or that lands 
shrimp in an adjoining state, must provide information for any fishing 
trip, as requested by the SRD, including, but not limited to, vessel 
identification, gear, effort, amount of shrimp caught by species, 
shrimp condition (heads on/heads off), fishing areas and depths, and 
person to whom sold.
    (iv) South Atlantic snapper-grouper. (A) The owner or operator of a 
vessel for which a commercial permit for South Atlantic snapper-grouper 
has been issued, as required under Sec. 622.4(a)(2)(vi), or whose 
vessel fishes for or lands South Atlantic snapper-grouper in or from 
state waters adjoining the South Atlantic EEZ, who is selected to 
report by the SRD must maintain a fishing record on a form available 
from the SRD and must submit such record as specified in paragraph 
(a)(2) of this section.
    (B) The wreckfish shareholder under Sec. 622.15, or operator of a 
vessel for which a commercial permit for wreckfish has been issued, as 
required under Sec. 622.4(a)(2)(vii), must maintain a fishing record on 
a form available from the SRD and must submit such record as specified 
in paragraph (a)(2) of this section.
    (C) The wreckfish shareholder under Sec. 622.15, or operator of a 
vessel for which a commercial permit for wreckfish has been issued, as 
required under Sec. 622.4(a)(2)(vii), must make available to an 
authorized officer upon request all records of offloadings, purchases, 
or sales of wreckfish.
    (2) Reporting deadline. Completed fishing records required by 
paragraphs (a)(1)(i), (ii), and (iv) of this section must be submitted 
to the SRD postmarked not later than 7 days after the end of each 
fishing trip. If no fishing occurred during a calendar month, a report 
so stating must be submitted on one of the forms postmarked not later 
than 7 days after the end of that month. Information to be reported is 
indicated on the form and its accompanying instructions.
    (b) Charter vessel/headboat owners and operators--(1) Coastal 
migratory pelagic fish, reef fish, and snapper-grouper. The owner or 
operator of a vessel for which a charter vessel/headboat permit for 
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic 
snapper-grouper has been issued, as required under Sec. 622.4(a)(1), or 
whose vessel fishes for or lands such coastal migratory pelagic fish, 
reef fish, or snapper-grouper in or from state waters adjoining the 
Gulf or South Atlantic EEZ, who is selected to report by the SRD must 
maintain a fishing record for each trip, or a portion of such trips as 
specified by the SRD, on forms provided by the SRD and must submit such 
record as specified in paragraph (b)(2) of this section.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1) of this section for charter 
vessels must be

[[Page 34941]]

submitted to the SRD weekly, postmarked not later than 7 days after the 
end of each week (Sunday). Information to be reported is indicated on 
the form and its accompanying instructions.
    (ii) Headboats. Completed fishing records required by paragraph 
(b)(1) of this section for headboats must be submitted to the SRD 
monthly and must either be made available to an authorized statistical 
reporting agent or be postmarked not later than 7 days after the end of 
each month. Information to be reported is indicated on the form and its 
accompanying instructions.
    (c) Dealers--(1) Coastal migratory pelagic fish. (i) A person who 
purchases coastal migratory pelagic fish from a fishing vessel, or 
person, that fishes for or lands such fish in or from the EEZ or 
adjoining state waters who is selected to report by the SRD must submit 
information on forms provided by the SRD. This information must be 
submitted to the SRD at monthly intervals, postmarked not later than 5 
days after the end of each month. Reporting frequency and reporting 
deadlines may be modified upon notification by the SRD. If no coastal 
migratory pelagic fish were received during a calendar month, a report 
so stating must be submitted on one of the forms, in accordance with 
the instructions on the form, and must be postmarked not later than 5 
days after the end of the month. The information to be reported is as 
follows:
    (A) Dealer's or processor's name and address.
    (B) County where fish were landed.
    (C) Total poundage of each species received during that month, or 
other requested interval.
    (D) Average monthly price paid for each species.
    (E) Proportion of total poundage landed by each gear type.
    (ii) Alternate SRD. For the purposes of paragraph (c)(1)(i) of this 
section, in the states from New York through Virginia, or in the waters 
off those states, ``SRD'' means the Science and Research Director, 
Northeast Fisheries Science Center, NMFS (see Table 1 of Sec. 600.502 
of this chapter), or a designee.
    (2) Gulf red drum. A dealers or processor who purchases red drum 
harvested from the Gulf who is selected to report by the SRD must 
report to the SRD such information as the SRD may request and in the 
form and manner as the SRD may require. The information required to be 
submitted must include, but is not limited to, the following:
    (i) Dealer's or processor's name and address.
    (ii) State and county where red drum were landed.
    (iii) Total poundage of red drum received during the reporting 
period, by each type of gear used for harvest.
    (3) Gulf reef fish. A person who purchases Gulf reef fish from a 
fishing vessel, or person, that fishes for or lands such fish in or 
from the EEZ or adjoining state waters must maintain records and submit 
information as follows:
    (i) A dealer must maintain at his/her principal place of business a 
record of Gulf reef fish that he/she receives. The record must contain 
the name of each fishing vessel from which reef fish were received and 
the date, species, and quantity of each receipt. A dealer must retain 
such record for at least 1 year after receipt date and must provide 
such record for inspection upon the request of an authorized officer or 
the SRD.
    (ii) When requested by the SRD, a dealer must provide information 
from his/her record of Gulf reef fish received the total poundage of 
each species received during the month, average monthly price paid for 
each species by market size, and proportion of total poundage landed by 
each gear type. This information must be provided on forms available 
from the SRD and must be submitted to the SRD at monthly intervals, 
postmarked not later than 5 days after the end of the month. Reporting 
frequency and reporting deadlines may be modified upon notification by 
the SRD. If no reef fish were received during a calendar month, a 
report so stating must be submitted on one of the forms, postmarked not 
later than 5 days after the end of the month.
    (iii) The operator of a car or truck that is used to pick up from a 
fishing vessel reef fish harvested from the Gulf must maintain a record 
containing the name of each fishing vessel from which reef fish on the 
car or truck have been received. The vehicle operator must provide such 
record for inspection upon the request of an authorized officer.
    (4) Gulf shrimp. A person who purchases shrimp from a vessel, or 
person, that fishes for shrimp in the Gulf EEZ or in adjoining state 
waters, or that lands shrimp in an adjoining state, must provide the 
following information when requested by the SRD:
    (i) Name and official number of the vessel from which shrimp were 
received or the name of the person from whom shrimp were received, if 
received from other than a vessel.
    (ii) Amount of shrimp received by species and size category for 
each receipt.
    (iii) Exvessel value, by species and size category, for each 
receipt.
    (5) South Atlantic snapper-grouper. (i) A person who purchases 
South Atlantic snapper-grouper that were harvested from the EEZ or from 
adjoining state waters and who is selected to report by the SRD and a 
dealer who has been issued a dealer permit for wreckfish, as required 
under Sec. 622.4(a)(4), must provide information on receipts of South 
Atlantic snapper-grouper and prices paid, by species, on forms 
available from the SRD. The required information must be submitted to 
the SRD at monthly intervals, postmarked not later than 5 days after 
the end of the month. Reporting frequency and reporting deadlines may 
be modified upon notification by the SRD. If no South Atlantic snapper-
grouper were received during a calendar month, a report so stating must 
be submitted on one of the forms, postmarked not later than 5 days 
after the end of the month. However, during complete months encompassed 
by the wreckfish spawning-season closure (that is, February and March), 
a wreckfish dealer is not required to submit a report stating that no 
wreckfish were received.
    (ii) A dealer reporting South Atlantic snapper-grouper other than 
wreckfish may submit the information required in paragraph (c)(5)(i) of 
this section via facsimile (fax).
    (iii) A dealer who has been issued a dealer permit for wreckfish, 
as required under Sec. 622.4(a)(4), must make available to an 
authorized officer upon request all records of offloadings, purchases, 
or sales of wreckfish.
    (d) Individuals with coral or live rock permits. (1) An individual 
with a Federal allowable octocoral permit must submit a report of 
harvest to the SRD. Specific reporting requirements will be provided 
with the permit.
    (2) A person with a Federal aquacultured live rock permit must 
report to the RD each deposition of material on a site. Such reports 
must be postmarked not later than 7 days after deposition and must 
contain the following information:
    (i) Permit number of site and date of deposit.
    (ii) Geological origin of material deposited.
    (iii) Amount of material deposited.
    (iv) Source of material deposited, that is, where obtained, if 
removed from another habitat, or from whom purchased.
    (3) A person who takes aquacultured live rock must submit a report 
of harvest to the RD. Specific reporting requirements will be provided 
with the permit. This reporting requirement is waived for aquacultured 
live rock that is landed in Florida.

[[Page 34942]]

    (e) Additional data and inspection. Additional data will be 
collected by authorized statistical reporting agents and by authorized 
officers. A person who fishes for or possesses species in or from the 
EEZ governed in this part is required to make the applicable fish or 
parts thereof available for inspection by the SRD or an authorized 
officer upon request.
    (f) Commercial vessel, charter vessel, and headboat inventory. The 
owner or operator of a commercial vessel, charter vessel, or headboat 
operating in a fishery governed in this part who is not selected to 
report by the SRD under paragraph (a) or (b) of this section must 
provide the following information when interviewed by the SRD:
    (1) Name and official number of vessel and permit number, if 
applicable.
    (2) Length and tonnage.
    (3) Current home port.
    (4) Fishing areas.
    (5) Ports where fish were offloaded during the last year.
    (6) Type and quantity of gear.
    (7) Number of full- and part-time fishermen or crew members.


Sec. 622.6  Vessel and gear identification.

    (a) Vessel identification--(1) Applicability--(i) Official number. 
A vessel for which a permit has been issued under Sec. 622.4, and a 
vessel that fishes for or possesses shrimp in the Gulf EEZ, must 
display its official number--
    (A) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (B) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (C) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in height for vessels over 
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height for 
vessels 25 ft (7.6 m) long or less.
    (ii) Official number and color code. The following vessels must 
display their official number as specified in paragraph (a)(1)(i) of 
this section and, in addition, must display their assigned color code: 
A vessel for which a fish trap endorsement has been issued, as required 
under Sec. 622.4(a)(2)(i); a vessel for which a permit has been issued 
to fish with a sea bass pot, as required under Sec. 622.4(a)(2)(vi); a 
vessel in the commercial Caribbean reef fish fishery fishing with 
traps; and a vessel in the Caribbean spiny lobster fishery. Color codes 
required for the Caribbean reef fish fishery and Caribbean spiny 
lobster fishery are assigned by Puerto Rico or the U.S. Virgin Islands, 
whichever is applicable; color codes required in all other fisheries 
are assigned by the RD. The color code must be displayed--
    (A) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (B) In the form of a circle permanently affixed to or painted on 
the vessel.
    (C) At least 18 inches (45.7 cm) in diameter for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in diameter for vessels 
over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in diameter for 
vessels 25 ft (7.6 m) long or less.
    (2) Duties of operator. The operator of a vessel specified in 
paragraph (a)(1) of this section must keep the official number and the 
color code, if applicable, clearly legible and in good repair and must 
ensure that no part of the fishing vessel, its rigging, fishing gear, 
or any other material on board obstructs the view of the official 
number or the color code, if applicable, from an enforcement vessel or 
aircraft.
    (b) Gear identification--(1) Traps or pots--(i) Caribbean EEZ. A 
fish trap or spiny lobster trap used or possessed in the Caribbean EEZ 
must display the official number specified for the vessel by Puerto 
Rico or the U.S. Virgin Islands so as to be easily identified.
    (ii) Gulf and South Atlantic EEZ. A fish trap used or possessed in 
the Gulf EEZ and a sea bass pot used or possessed in the South Atlantic 
EEZ, or a fish trap or sea bass pot on board a vessel with a commercial 
permit for Gulf reef fish or South Atlantic snapper-grouper, must have 
a valid identification tag issued by the RD attached.
    (2) Buoys. A buoy must display the assigned number and color code 
so as to be easily distinguished, located, and identified as follows--
    (i) Caribbean EEZ. Each buoy must display the official number and 
color code specified for the vessel by Puerto Rico or the U.S. Virgin 
Islands, whichever is applicable.
    (ii) Gulf and South Atlantic EEZ. Each buoy must display the number 
and color code assigned by the RD. In the Gulf EEZ, a buoy must be 
attached to each trap, or each end trap if traps are connected by a 
line. In the South Atlantic EEZ, buoys are not required to be used, 
but, if used, each buoy must display the number and color code.
    (c) Presumption of ownership. A Caribbean spiny lobster trap, a 
fish trap, or a sea bass pot in the EEZ will be presumed to be the 
property of the most recently documented owner. This presumption will 
not apply with respect to such traps and pots that are lost or sold if 
the owner reports the loss or sale within 15 days to the RD.
    (d) Unmarked traps, pots, or buoys. An unmarked Caribbean spiny 
lobster trap, a fish trap, a sea bass pot, or a buoy deployed in the 
EEZ is illegal and may be disposed of in any appropriate manner by the 
Assistant Administrator or an authorized officer.


Sec. 622.7  Prohibitions.

    In addition to the general prohibitions in Sec. 600.725 of this 
chapter, it is unlawful for any person to do any of the following:
    (a) Engage in an activity for which a valid Federal permit is 
required under Sec. 622.4 without such permit.
    (b) Falsify information on a permit application or submitted with 
such application, as specified in Sec. 622.4(b).
    (c) Fail to display a permit or endorsement, as specified in 
Sec. 622.4(i).
    (d) Falsify or fail to maintain, submit, or provide information 
required to be maintained, submitted, or provided, as specified in 
Sec. 622.5 (a) through (f).
    (e) Fail to make a fish, or parts thereof, available for 
inspection, as specified in Sec. 622.5(e).
    (f) Falsify or fail to display and maintain vessel and gear 
identification, as specified in Sec. 622.6 (a) and (b).
    (g) Fail to comply with any requirement or restriction regarding 
ITQ coupons, as specified in Sec. 622.15(c)(3), (c)(5), (c)(6), or 
(c)(7).
    (h) Possess wreckfish as specified in Sec. 622.15(c)(4), receive 
wreckfish except as specified in Sec. 622.15(c)(7), or offload a 
wreckfish except as specified in Sec. 622.15 (d)(3) and (d)(4).
    (i) Transfer--
    (1) A wreckfish, as specified in Sec. 622.15(d)(1);
    (2) A limited-harvest species, as specified in Sec. 622.32(c) 
introductory text;
    (3) A species/species group subject to a bag limit, as specified 
Sec. 622.39(a)(1);
    (4) South Atlantic snapper-grouper from a vessel with unauthorized 
gear on board, as specified in Sec. 622.41(d)(2)(iii); or
    (5) A species subject to a commercial trip limit, as specified in 
Sec. 622.44 introductory text.
    (j) Use or possess prohibited gear or methods or possess fish in 
association with possession or use of prohibited gear, as specified in 
Sec. 622.31.
    (k) Fish for, harvest, or possess a prohibited species, or a 
limited-harvest species in excess of its limitation, sell or

[[Page 34943]]

purchase such species, fail to comply with release requirements, or 
molest or strip eggs from a Caribbean spiny lobster, as specified in 
Sec. 622.32.
    (l) Fish in violation of the prohibitions, restrictions, and 
requirements applicable to seasonal and/or area closures, including but 
not limited to: Prohibition of all fishing, gear restrictions, 
restrictions on take or retention of fish, fish release requirements, 
and restrictions on use of an anchor or grapple, as specified in 
Sec. 622.33, Sec. 622.34, or Sec. 622.35, or as may be specified under 
Sec. 622.46 (b) or (c).
    (m) Harvest, possess, offload, sell, or purchase fish in excess of 
the seasonal harvest limitations, as specified in Sec. 622.36.
    (n) Except as allowed under Sec. 622.37(c) (2) and (3) for king and 
Spanish mackerel, possess undersized fish, fail to release undersized 
fish, or sell or purchase undersized fish, as specified in Sec. 622.37.
    (o) Fail to maintain a fish intact through offloading ashore, as 
specified in Sec. 622.38.
    (p) Exceed a bag or possession limit, as specified in Sec. 622.39.
    (q) Fail to comply with the limitations on traps and pots, 
including but not limited to: Tending requirements, constructions 
requirements, and area specific restrictions, as specified in 
Sec. 622.40.
    (r) Fail to comply with the species-specific limitations, as 
specified in Sec. 622.41.
    (s) Fail to comply with the restrictions that apply after closure 
of a fishery, as specified in Sec. 622.43.
    (t) Possess on board a vessel or land, purchase, or sell fish in 
excess of the commercial trip limits, as specified in Sec. 622.44.
    (u) Fail to comply with the restrictions on sale/purchase, as 
specified in Sec. 622.45.
    (v) Interfere with fishing or obstruct or damage fishing gear or 
the fishing vessel of another, as specified in Sec. 622.46(a).

Subpart B--Effort Limitations


Sec. 622.15  Wreckfish individual transferable quota (ITQ) system.

    The provisions of this section apply to wreckfish in or from the 
South Atlantic EEZ.
    (a) Percentage shares. (1) In accordance with the procedure 
specified in the Fishery Management Plan for the Snapper-Grouper 
Fishery of the South Atlantic Region, percentage shares of the quota 
for wreckfish have been assigned. Each person has been notified by the 
RD of his or her percentage share and shareholder certificate number.
    (2) All or a portion of a person's percentage shares may be 
transferred to another person. Transfer of shares must be reported on a 
form available from the RD. The RD will confirm, in writing, each 
transfer of shares. The effective date of each transfer is the 
confirmation date provided by the RD. The confirmation date will 
normally be not later than 3 working days after receipt of a properly 
completed transfer form. A fee is charged for each transfer of shares. 
The amount of the fee is calculated in accordance with the procedures 
of the NOAA Finance Handbook, available from the RD, for determining 
the administrative costs of each special product or service provided by 
NOAA to non-Federal recipients. The fee may not exceed such costs and 
is specified with each transfer form. The appropriate fee must 
accompany each transfer form.
    (b) Lists of wreckfish shareholders and permitted vessels. 
Annually, on or about March 1, the RD will provide each wreckfish 
shareholder with a list of all wreckfish shareholders and their 
percentage shares, reflecting share transactions on forms received 
through February 15. Annually by April 15, the RD will provide each 
dealer who holds a dealer permit for wreckfish, as required under 
Sec. 622.4(a)(4), with a list of vessels for which wreckfish permits 
have been issued, as required under Sec. 622.4(a)(2)(vii). Annually, by 
April 15, the RD will provide each wreckfish shareholder with a list of 
dealers who have been issued dealer permits for wreckfish. From April 
16 through January 14, updated lists will be provided when required. 
Updated lists may be obtained at other times or by a person who is not 
a wreckfish shareholder or wreckfish dealer permit holder by written 
request to the RD.
    (c) ITQs. (1) Annually, as soon after March 1 as the TAC for 
wreckfish for the fishing year that commences April 16 is known, the RD 
will calculate each wreckfish shareholder's ITQ. Each ITQ is the 
product of the wreckfish TAC, in round weight, for the ensuing fishing 
year, the factor for converting round weight to eviscerated weight, and 
each wreckfish shareholder's percentage share, reflecting share 
transactions reported on forms received by the RD through February 15. 
Thus, the ITQs will be in terms of eviscerated weight of wreckfish.
    (2) The RD will provide each wreckfish shareholder with ITQ coupons 
in various denominations, the total of which equals his or her ITQ, and 
a copy of the calculations used in determining his or her ITQ. Each 
coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred from one wreckfish shareholder 
to another by completing the sale endorsement thereon (that is, the 
signature and shareholder certificate number of the buyer). An ITQ 
coupon may be possessed only by the shareholder to whom it has been 
issued, or by the shareholder's employee, contractor, or agent, unless 
the ITQ coupon has been transferred to another shareholder. An ITQ 
coupon that has been transferred to another shareholder may be 
possessed only by the shareholder whose signature appears on the coupon 
as the buyer, or by the shareholder's employee, contractor, or agent, 
and with all required sale endorsements properly completed.
    (4) Wreckfish may not be possessed on board a fishing vessel--
    (i) In an amount exceeding the total of the ITQ coupons on board 
the vessel;
    (ii) That does not have on board a commercial vessel permit for 
wreckfish, as required under Sec. 622.4(a)(2)(vii); or
    (iii) That does not have on board logbook forms for that fishing 
trip, as required under Sec. 622.5(a)(1)(iv)(B).
    (5) Prior to termination of a trip, a signature and date signed 
must be affixed in ink to the ``Fisherman'' part of ITQ coupons in 
denominations equal to the eviscerated weight of the wreckfish on 
board. The ``Fisherman'' part of each such coupon must be separated 
from the coupon and submitted with the logbook forms required by 
Sec. 622.5(a)(1)(iv)(B) for that fishing trip.
    (6) The ``Fish House'' part of each such coupon must be given to 
the dealer to whom the wreckfish are transferred in amounts totaling 
the eviscerated weight of the wreckfish transferred to that dealer. A 
wreckfish may be transferred only to a dealer who holds a dealer permit 
for wreckfish, as required under Sec. 622.4(a)(4).
    (7) A dealer may receive a wreckfish only from a vessel for which a 
commercial permit for wreckfish has been issued, as required under 
Sec. 622.4(a)(2)(vii). A dealer must receive the ``Fish House'' part of 
ITQ coupons in amounts totaling the eviscerated weight of the wreckfish 
received; enter the permit number of the vessel from which the 
wreckfish were received, enter the date the wreckfish were received, 
enter the dealer's permit number, and sign each such ``Fish House'' 
part; and submit all such parts with the dealer reports required by 
Sec. 622.5(c)(5)(i).
    (8) An owner or operator of a vessel and a dealer must make 
available to an authorized officer all ITQ coupons in his or her 
possession upon request.

[[Page 34944]]

    (d) Wreckfish limitations. (1) A wreckfish taken in the South 
Atlantic EEZ may not be transferred at sea, regardless of where the 
transfer takes place; and a wreckfish may not be transferred in the 
South Atlantic EEZ.
    (2) A wreckfish possessed by a fisherman or dealer shoreward of the 
outer boundary of the South Atlantic EEZ or in a South Atlantic coastal 
state will be presumed to have been harvested from the South Atlantic 
EEZ unless accompanied by documentation that it was harvested from 
other than the South Atlantic EEZ.
    (3) A wreckfish may be offloaded from a fishing vessel only between 
8 a.m. and 5 p.m., local time.
    (4) If a wreckfish is to be offloaded at a location other than a 
fixed facility of a dealer who holds a dealer permit for wreckfish, as 
required under Sec. 622.4(a)(4), the wreckfish shareholder or the 
vessel operator must advise the NMFS, Office of Enforcement, Southeast 
Region, St. Petersburg, FL, by telephone (1-800-853-1964), of the 
location not less than 24 hours prior to offloading.


Sec. 622.16  Red snapper individual transferable quota (ITQ) system.

    The ITQ system established by this section will remain in effect 
through March 31, 2000, during which time NMFS and the GMFMC will 
evaluate the effectiveness of the system. Based on the evaluation, the 
system may be modified, extended, or terminated.
    (a) Percentage shares. (1) Initial percentage shares of the annual 
quota of red snapper are assigned to persons in accordance with the 
procedure specified in Amendment 8 to the Fishery Management Plan for 
the Reef Fish Fishery of the Gulf of Mexico (FMP) and in paragraphs 
(c)(1) through (c)(4) of this section. Each person is notified by the 
RD of his or her initial percentage shares. If additional shares become 
available to NMFS, such as by forfeiture pursuant to subpart F of 15 
CFR part 904 for rule violations, such shares will be proportionately 
reissued to shareholders based on their shares as of November 1, after 
the additional shares become available. If NMFS is required to issue 
additional shares, such as may be required in the resolution of 
disputes, existing shares will be proportionately reduced. This 
reduction of shares will be based on shares as of November 1 after the 
required addition of shares.
    (2) All or a portion of a person's percentage shares may be 
transferred to another person who is a U.S. citizen or permanent 
resident alien. (See paragraph (c)(5) of this section for restrictions 
on the transfer of shares in the initial months under the ITQ system.) 
Transfer of shares must be reported on a form available from the RD. 
The RD will confirm, in writing, the registration of each transfer. The 
effective date of each transfer is the confirmation date provided by 
the RD. The confirmation of registration date will normally be not 
later than 3 working days after receipt of a properly completed 
transfer form. However, reports of share transfers received by the RD 
from November 1 through December 31 will not be recorded or confirmed 
until after January 1. A fee is charged for each transfer of percentage 
shares. The amount of the fee is calculated in accordance with the 
procedures of the NOAA Finance Handbook for determining the 
administrative costs of each special product or service provided by 
NOAA to non-Federal recipients. The fee may not exceed such costs and 
is specified with each transfer form. The appropriate fee must 
accompany each transfer form.
    (3) On or about January 1 each year, the RD will provide each red 
snapper shareholder with a list of all red snapper shareholders and 
their percentage shares, reflecting share transfers as indicated on 
properly completed transfer forms received through October 31. Updated 
lists may be obtained at other times, and by persons who are not red 
snapper shareholders, by written request to the RD.
    (b) ITQs. (1) Annually, as soon after November 15 as the following 
year's red snapper quota is established, the RD will calculate each red 
snapper shareholder's ITQ in terms of eviscerated weight. Each ITQ is 
the product of the red snapper quota, in round weight, for the ensuing 
fishing year, the factor for converting round weight to eviscerated 
weight, and each red snapper shareholder's percentage share, reflecting 
share transfers reported on forms received by the RD through October 
31.
    (2) The RD will provide each red snapper shareholder with ITQ 
coupons in various denominations, the total of which equals his or her 
ITQ, and a copy of the calculations used in determining his or her ITQ. 
Each coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred. If the transfer is by sale, 
the seller must enter the sale price on the coupon.
    (4) Except when the red snapper bag limit applies, red snapper in 
or from the EEZ or on board a vessel that has been issued a commercial 
permit for Gulf reef fish, as required under Sec. 622.4(a)(2)(v), may 
not be possessed in an amount, in eviscerated weight, exceeding the 
total of ITQ coupons on board. (See Sec. 622.39(a) for applicability of 
the bag limit.)
    (5) Prior to termination of a trip, the operator's signature and 
the date signed must be written in ink on the ``Vessel'' part of ITQ 
coupons totaling at least the eviscerated weight of the red snapper on 
board. An owner or operator of a vessel must separate the ``Vessel'' 
part of each such coupon, enter thereon the permit number of the dealer 
to whom the red snapper are transferred, and submit the ``Vessel'' 
parts with the logbook forms for that fishing trip. An owner or 
operator of a vessel must make available to an authorized officer all 
ITQ coupons in his or her possession upon request.
    (6) Red snapper harvested from the EEZ or possessed by a vessel 
with a commercial permit for Gulf reef fish, as required under 
Sec. 622.4(a)(2)(v), may be transferred only to a dealer with a Gulf 
reef fish permit, as required under Sec. 622.4(a)(4). The ``Fish 
House'' part of each ITQ coupon must be given to such dealer, or the 
agent or employee of such dealer, in amounts totaling at least the 
eviscerated weight of the red snapper transferred to that dealer.
    (7) A dealer with a Gulf reef fish permit may receive red snapper 
only from a vessel that has on board a commercial permit for Gulf reef 
fish. A dealer, or the agent or employee of a dealer, must receive the 
``Fish House'' part of ITQ coupons totaling at least the eviscerated 
weight of the red snapper received. Immediately upon receipt of red 
snapper, the dealer, or the agent or employee of the dealer, must enter 
the permit number of the vessel received from and date and sign each 
such ``Fish House'' part. The dealer must submit all such parts as 
required by paragraph (d)(6) of this section. A dealer, agent, or 
employee must make available to an authorized officer all ITQ coupons 
in his or her possession upon request.
    (c) Procedures for implementation--(1) Initial shareholders. The 
following persons are initial shareholders in the red snapper ITQ 
system:
    (i) Either the owner or operator of a vessel with a valid permit on 
August 29, 1995, provided such owner or operator had a landing of red 
snapper during the period 1990 through 1992. If the earned income of an 
operator was used to qualify for the permit that is valid on August 29, 
1995, such operator is the initial shareholder rather than the owner. 
In the case of an owner, the term ``person'' includes a corporation or 
other legal entity; and
    (ii) A historical captain. A historical captain means an operator 
who meets all of the following qualifications:

[[Page 34945]]

    (A) From November 6, 1989, through 1993, fished solely under verbal 
or written share agreements with an owner, and such agreements provided 
for the operator to be responsible for hiring the crew, who was paid 
from the share under his or her control.
    (B) Landed from that vessel at least 5,000 lb (2,268 kg) of red 
snapper per year in 2 of the 3 years 1990, 1991, and 1992.
    (C) Derived more than 50 percent of his or her earned income from 
commercial fishing, that is, sale of the catch, in each of the years 
1989 through 1993.
    (D) Landed red snapper prior to November 7, 1989.
    (2) Initial shares. (i) Initial shares are apportioned to initial 
shareholders based on each shareholder's average of the top 2 years' 
landings in 1990, 1991, and 1992. However, no person who is an initial 
shareholder under paragraph (c)(1) of this section will receive an 
initial percentage share that will amount to less than 100 lb (45.36 
kg), round weight, of red snapper (90 lb (41 kg), eviscerated weight).
    (ii) The percentage shares remaining after the minimum shares have 
been calculated under paragraph (c)(2)(i) of this section are 
apportioned based on each remaining shareholder's average of the top 2 
years' landings in 1990, 1991, and 1992. In a case where a landing is 
associated with an owner and a historical captain, such landing is 
apportioned between the owner and historical captain in accordance with 
the share agreement in effect at the time of the landing.
    (iii) The determinations of landings of red snapper during the 
period 1990 through 1992 and historical captain status are made in 
accordance with the data collected under Amendment 9 to the FMP. Those 
data identify each red snapper landing during the period 1990 through 
1992. Each landing is associated with an owner and, when an operator's 
earned income was used to qualify for the vessel permit at the time of 
the landing, with such operator. Where appropriate, a landing is also 
associated with a historical captain. However, a red snapper landings 
record during that period that is associated solely with an owner may 
be retained by that owner or transferred as follows:
    (A) An owner of a vessel with a valid commercial permit for Gulf 
reef fish on August 29, 1995, who transferred a vessel permit to 
another vessel owned by him or her will retain the red snapper landings 
record for the previous vessel.
    (B) An owner of a vessel with a valid commercial permit for Gulf 
reef fish on August 29, 1995, will retain the landings record of a 
permitted vessel if the vessel had a change of ownership to another 
entity without a substantive change in control of the vessel. It will 
be presumed that there was no substantive change in control of a vessel 
if a successor in interest received at least a 50 percent interest in 
the vessel as a result of the change of ownership whether the change of 
ownership was--
    (1) From a closely held corporation to its majority shareholder;
    (2) From an individual who became the majority shareholder of a 
closely held corporation receiving the vessel;
    (3) Between closely held corporations with a common majority 
shareholder; or
    (4) From one to another of the following: Husband, wife, son, 
daughter, brother, sister, mother, or father.
    (C) In other cases of transfer of a permit through change of 
ownership of a vessel, an owner of a vessel with a valid commercial 
permit for Gulf reef fish on August 29, 1995, will receive credit for 
the landings record of the vessel before his or her ownership only if 
there is a legally binding agreement for transfer of the landings 
record.
    (iv) Requests for transfers of landings records must be submitted 
to the RD and must be postmarked not later than December 14, 1995. The 
RD may require documentation supporting such request. After considering 
requests for transfers of landings records, the RD will advise each 
initial shareholder or applicant of his or her tentative allocation of 
shares.
    (3) Notification of status. The RD will advise each owner, 
operator, and historical captain for whom NMFS has a record of a red 
snapper landing during the period 1990 through 1992, including those 
who submitted such record under Amendment 9 to the FMP, of his or her 
tentative status as an initial shareholder and the tentative landings 
record that will be used to calculate his or her initial share.
    (4) Appeals. (i) A special advisory panel, appointed by the GMFMC 
to function as an appeals board, will consider written requests from 
persons who contest their tentative status as an initial shareholder, 
including historical captain status, or tentative landings record. In 
addition to considering written requests, the board may allow personal 
appearances by such persons before the board.
    (ii) The panel is only empowered to consider disputed calculations 
or determinations based on documentation submitted under Amendment 9 to 
the FMP regarding landings of red snapper during the period 1990 
through 1992, including transfers of such landings records, or 
regarding historical captain status. In addition, the panel may 
consider applications and documentation of landings not submitted under 
Amendment 9 if, in the board's opinion, there is justification for the 
late application and documentation. The board is not empowered to 
consider an application from a person who believes he or she should be 
eligible because of hardship or other factors.
    (iii) A written request for consideration by the board must be 
submitted to the RD, postmarked not later than December 27, 1995, and 
must contain documentation supporting the allegations that form the 
basis for the request.
    (iv) The board will meet as necessary to consider each request that 
is submitted in a timely manner. Members of the appeals board will 
provide their individual recommendations for each appeal to the GMFMC, 
which will in turn submit its recommendation to the RD. The board and 
the GMFMC will recommend whether the eligibility criteria, specified in 
Amendment 8 to the FMP and paragraphs (c)(1) and (c)(2) of this 
section, were correctly applied in each case, based solely on the 
available record including documentation submitted by the applicant. 
The GMFMC will also base its recommendation on the recommendations of 
the board. The RD will decide the appeal based on the above criteria 
and the available record, including documentation submitted by the 
applicant and the recommendation of the GMFMC. The RD will notify the 
appellant of his decision and the reason therefor, in writing, normally 
within 45 days of receiving the GMFMC's recommendation. The RD's 
decision will constitute the final administrative action by NMFS on an 
appeal.
    (v) Upon completion of the appeal process, the RD will issue share 
certificates to initial shareholders.
    (5) Transfers of shares. The following restrictions apply to the 
transfer of shares:
    (i) The transfer of shares is prohibited through September 30, 
1996.
    (ii) From October 1, 1996, through September 30, 1997, shares may 
be transferred only to other persons who are initial shareholders and 
are U.S. citizens or permanent resident aliens.
    (d) Exceptions/additions to general measures. Other provisions of 
this part notwithstanding--
    (1) Management of the red snapper ITQ system extends to adjoining 
state waters in the manner stated in paragraphs (d)(2) and (d)(3) of 
this section.
    (2) For a dealer to receive red snapper harvested from state waters 
adjoining

[[Page 34946]]

the Gulf EEZ by or possessed on board a vessel with a commercial permit 
for Gulf reef fish, the dealer permit for Gulf reef fish specified in 
Sec. 622.4(a)(4) must have been issued to the dealer.
    (3) A copy of the dealer's permit must accompany each vehicle that 
is used to pick up from a fishing vessel red snapper from adjoining 
state waters harvested by or possessed on board a vessel with a 
commercial permit for Gulf reef fish.
    (4) As a condition of a commercial vessel permit for Gulf reef 
fish, without regard to where red snapper are harvested or possessed, a 
vessel with such permit must comply with the red snapper ITQ 
requirements of paragraph (b) of this section; may not transfer or 
receive red snapper at sea; and must maintain red snapper with head and 
fins intact through landing, and the exceptions to that requirement 
contained in Sec. 622.38(d) do not apply to red snapper. Red snapper 
may be eviscerated, gilled, and scaled but must otherwise be maintained 
in a whole condition.
    (5) As a condition of a dealer permit for Gulf reef fish, as 
required under Sec. 622.4(a)(4) or under paragraph (d)(2) of this 
section, without regard to where red snapper are harvested or 
possessed, a permitted dealer must comply with the red snapper ITQ 
requirements of paragraph (b) of this section.
    (6) In any month that a red snapper is received, a dealer must 
submit the report required under Sec. 622.5(c)(3)(ii). The ``Fish 
House'' parts of red snapper individual transferable coupons, received 
during the month in accordance with paragraph (b) of this section, must 
be submitted to the SRD with the report.
    (7) It is unlawful for a person to do any of the following:
    (i) Receive red snapper from a fishing vessel without a dealer 
permit for Gulf reef fish.
    (ii) Fail to carry a copy of the dealer's permit, as specified in 
paragraph (d)(3) of this section.
    (iii) Fail to comply with a condition of a permit, as specified in 
paragraph (d)(4) or (d)(5) of this section.
    (iv) Fail to report red snapper received, as specified in paragraph 
(d)(6) of this section.

Subpart C--Management Measures


Sec. 622.30  Fishing years.

    The fishing year for species or species groups governed in this 
part is January 1 through December 31 except for the following:
    (a) Allowable octocoral--October 1 through September 30.
    (b) King and Spanish mackerel. The fishing year for the king and 
Spanish mackerel bag limits specified in Sec. 622.39(c)(1) is January 1 
through December 31. The following fishing years apply only for the 
king and Spanish mackerel quotas specified in Sec. 622.42(c):
    (1) Gulf migratory group king mackerel--July 1 through June 30.
    (2) All other migratory groups of king and Spanish mackerel--April 
1 through March 31.
    (c) Wreckfish--April 16 through April 15.


Sec. 622.31  Prohibited gear and methods.

    In addition to the prohibited gear/methods specified in this 
section, see Secs. 622.33, 622.34, and 622.35 for seasonal/area 
prohibited gear/methods and Sec. 622.41 for species specific authorized 
and unauthorized gear/methods.
    (a) Explosives. An explosive (except an explosive in a powerhead) 
may not be used to fish in the Caribbean, Gulf, or South Atlantic EEZ. 
A vessel fishing in the EEZ for a species governed in this part, or a 
vessel for which a permit has been issued under Sec. 622.4, may not 
have on board any dynamite or similar explosive substance.
    (b) Chemicals and plants. A toxic chemical may not be used or 
possessed in a coral area, and a chemical, plant, or plant-derived 
toxin may not be used to harvest a Caribbean coral reef resource in the 
Caribbean EEZ.
    (c) Fish traps. A fish trap may not be used in the South Atlantic 
EEZ. A fish trap deployed in the South Atlantic EEZ may be disposed of 
in any appropriate manner by the Assistant Administrator or an 
authorized officer.
    (d) Gillnets. A gillnet that has a float line that is more than 
1,000 yd (914 m) in length or a drift gillnet may not be used in the 
Gulf, Mid-Atlantic, or South Atlantic EEZ to fish for king or Spanish 
mackerel; in the Gulf or South Atlantic EEZ to fish for coastal 
migratory pelagic fish, other than bluefish; or in the Gulf EEZ to fish 
for bluefish. A vessel in, or having fished on a trip in, the Gulf, 
Mid-Atlantic, or South Atlantic EEZ with such a gillnet or a drift 
gillnet on board may not have on board on that trip any of the 
indicated fish.
    (e) Longlines for wreckfish. A bottom longline may not be used to 
fish for wreckfish in the South Atlantic EEZ. A person aboard a vessel 
that has a longline on board may not retain a wreckfish in or from the 
South Atlantic EEZ. For the purposes of this paragraph, a vessel is 
considered to have a longline on board when a power-operated longline 
hauler, a cable of diameter suitable for use in the longline fishery 
longer than 1.5 mi (2.4 km) on any reel, and gangions are on board. 
Removal of any one of these three elements constitutes removal of a 
longline.
    (f) Poisons. (1) A poison, drug, or other chemical may not be used 
to fish for Caribbean reef fish in the Caribbean EEZ.
    (2) A poison may not be used to take Gulf reef fish in the Gulf 
EEZ.
    (3) A poison may not be used to fish for South Atlantic snapper-
grouper in the South Atlantic EEZ.
    (g) Power-assisted tools. A power-assisted tool may not be used in 
the Caribbean EEZ to take a Caribbean coral reef resource or in the 
Gulf or South Atlantic EEZ to take allowable octocoral, prohibited 
coral, or live rock.
    (h) Powerheads. A powerhead may not be used in the Caribbean EEZ to 
harvest Caribbean reef fish or in the EEZ off South Carolina to harvest 
South Atlantic snapper-grouper. The possession of a mutilated Caribbean 
reef fish in or from the Caribbean EEZ, or a mutilated South Atlantic 
snapper-grouper in or from the EEZ off South Carolina, and a powerhead 
is prima facie evidence that such fish was harvested by a powerhead.
    (i) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a 
person using a rebreather may not harvest South Atlantic snapper-
grouper with spearfishing gear. The possession of such snapper-grouper 
while in the water with a rebreather is prima facie evidence that such 
fish was harvested with spearfishing gear while using a rebreather.
    (j) Sea bass pots. A sea bass pot may not be used in the South 
Atlantic EEZ south of 28 deg.35.1' N. lat. (due east of the NASA 
Vehicle Assembly Building, Cape Canaveral, FL). A sea bass pot deployed 
in the EEZ south of 28 deg.35.1' N. lat. may be disposed of in any 
appropriate manner by the Assistant Administrator or an authorized 
officer.
    (k) Spears and hooks. A spear, hook, or similar device may not be 
used in the Caribbean EEZ to harvest a Caribbean spiny lobster. The 
possession of a speared, pierced, or punctured Caribbean spiny lobster 
in or from the Caribbean EEZ is prima facie evidence of violation of 
this section.


Sec. 622.32  Prohibited and limited-harvest species.

    (a) General. The harvest and possession restrictions of this 
section apply without regard to whether the species is harvested by a 
vessel operating under a commercial vessel permit. The operator of a 
vessel that

[[Page 34947]]

fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Prohibited species. Prohibited species, by geographical area, 
are as follows:
    (1) Caribbean. (i) Caribbean prohibited coral may not be fished for 
or possessed in or from the Caribbean EEZ. The taking of Caribbean 
prohibited coral in the Caribbean EEZ is not considered unlawful 
possession provided it is returned immediately to the sea in the 
general area of fishing.
    (ii) Foureye, banded, and longsnout butterflyfish; jewfish; Nassau 
grouper; and seahorses may not be harvested or possessed in or from the 
Caribbean EEZ. Such fish caught in the Caribbean EEZ must be released 
immediately with a minimum of harm.
    (iii) Egg-bearing spiny lobster in the Caribbean EEZ must be 
returned to the water unharmed. An egg-bearing spiny lobster may be 
retained in a trap, provided the trap is returned immediately to the 
water. An egg-bearing spiny lobster may not be stripped, scraped, 
shaved, clipped, or in any other manner molested, in order to remove 
the eggs.
    (2) Gulf. (i) Gulf and South Atlantic prohibited coral taken as 
incidental catch in the Gulf EEZ must be returned immediately to the 
sea in the general area of fishing. In fisheries where the entire catch 
is landed unsorted, such as the scallop and groundfish fisheries, 
unsorted prohibited coral may be landed ashore; however, no person may 
sell or purchase such prohibited coral.
    (ii) Jewfish may not be harvested or possessed in or from the Gulf 
EEZ.
    (iii) Red drum may not be harvested or possessed in or from the 
Gulf EEZ. Red drum caught in the Gulf EEZ must be released immediately 
with a minimum of harm.
    (3) Mid-Atlantic. Red drum may not be harvested or possessed in or 
from the Mid-Atlantic EEZ south of a line extending in a direction of 
115 deg. from true north commencing at a point at 40 deg.29.6' N. lat., 
73 deg.54.1' W. long., such point being the intersection of the New 
Jersey/New York boundary with the 3- nm line denoting the seaward limit 
of state waters. Red drum caught in such portion of the Mid-Atlantic 
EEZ must be released immediately with a minimum of harm.
    (4) South Atlantic. (i) Gulf and South Atlantic prohibited coral 
taken as incidental catch in the South Atlantic EEZ must be returned 
immediately to the sea in the general area of fishing. In fisheries 
where the entire catch is landed unsorted, such as the scallop and 
groundfish fisheries, unsorted prohibited coral may be landed ashore; 
however, no person may sell or purchase such prohibited coral.
    (ii) Jewfish and Nassau grouper may not be harvested or possessed 
in or from the South Atlantic EEZ. Jewfish and Nassau grouper taken in 
the South Atlantic EEZ incidentally by hook-and-line must be released 
immediately by cutting the line without removing the fish from the 
water.
    (iii) Red drum may not be harvested or possessed in or from the 
South Atlantic EEZ. Red drum caught in the South Atlantic EEZ must be 
released immediately with a minimum of harm.
    (iv) Wild live rock may not be harvested or possessed in the South 
Atlantic EEZ.
    (c) Limited-harvest species. A person who fishes in the EEZ may not 
combine a harvest limitation specified in this paragraph (c) with a 
harvest limitation applicable to state waters. A species subject to a 
harvest limitation specified in this paragraph (c) taken in the EEZ may 
not be transferred at sea, regardless of where such transfer takes 
place, and such species may not be transferred in the EEZ.
    (1) Cobia. No person may possess more than two cobia per day in or 
from the Gulf or South Atlantic EEZ, regardless of the number of trips 
or duration of a trip.
    (2) Cubera snapper. No person may harvest more than two cubera 
snapper measuring 30 inches (76.2 cm), TL, or larger, per day in the 
South Atlantic EEZ off Florida and no more than two such cubera snapper 
in or from the South Atlantic EEZ off Florida may be possessed on board 
a vessel at any time.
    (3) Speckled hind and warsaw grouper. The possession of speckled 
hind and warsaw grouper in or from the South Atlantic EEZ is limited to 
one of each per vessel per trip.


Sec. 622.33  Caribbean EEZ seasonal and/or area closures.

    (a) Mutton snapper spawning aggregation area. From March 1 through 
June 30, each year, fishing is prohibited in the area bounded by rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  17 deg.37.9'  64 deg.52.6'
B...........................................  17 deg.38.2'  64 deg.52.1'
C...........................................  17 deg.38.3'  64 deg.51.8'
D...........................................  17 deg.38.1'  64 deg.51.4'
A...........................................  17 deg.37.9'  64 deg.52.6'
------------------------------------------------------------------------

    (b) Red hind spawning aggregation areas. From December 1 through 
February 28, each year, fishing is prohibited in the following three 
areas. Each area is bounded by rhumb lines connecting, in order, the 
points listed.
    (1) East of St. Croix.

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  17 deg.50.2'  64 deg.27.9'
B...........................................  17 deg.50.1'  64 deg.26.1'
C...........................................  17 deg.49.2'  64 deg.25.8'
D...........................................  17 deg.48.6'  64 deg.25.8'
E...........................................  17 deg.48.1'  64 deg.26.1'
F...........................................  17 deg.47.5'  64 deg.26.9'
A...........................................  17 deg.50.2'  64 deg.27.9'
------------------------------------------------------------------------

    (2) South of St. Thomas.

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  18 deg.13.2'  65 deg.06.0'
B...........................................  18 deg.13.2'  64 deg.59.0'
C...........................................  18 deg.11.8'  64 deg.59.0'
D...........................................  18 deg.10.7'  65 deg.06.0'
A...........................................  18 deg.13.2'  65 deg.06.0'
------------------------------------------------------------------------

    (3) West of Puerto Rico.

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  18 deg.11.0'  67 deg.25.5'
B...........................................  18 deg.11.0'  67 deg.20.4'
C...........................................  18 deg.08.0'  67 deg.20.4'
D...........................................  18 deg.08.0'  67 deg.25.5'
A...........................................  18 deg.11.0'  67 deg.25.5'
------------------------------------------------------------------------

Sec. 622.34  Gulf EEZ seasonal and/or area closures.

    (a) Alabama SMZ. The Alabama SMZ consists of artificial reefs and 
surrounding areas. In the Alabama SMZ, fishing by a vessel that is 
operating as a charter vessel or headboat, a vessel that does not have 
a commercial permit for Gulf reef fish, as required under 
Sec. 622.4(a)(2), or a vessel with such a permit fishing for Gulf reef 
fish is limited to hook-and-line gear with three or fewer hooks per 
line and spearfishing gear. A person aboard a vessel that uses on any 
trip gear other than hook-and-line gear with three or fewer hooks per 
line and spearfishing gear in the Alabama SMZ is limited on that trip 
to the bag limits for Gulf reef fish specified in Sec. 622.39(b) and, 
for Gulf reef fish for which no bag limit is specified in 
Sec. 622.39(b), the vessel is limited to 5 percent, by weight, of all 
fish on board or landed. The Alabama SMZ is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  30 deg.02.5'  88 deg.07.7'
B...........................................  30 deg.02.6'  87 deg.59.3'
C...........................................  29 deg.55.0'  87 deg.55.5'
D...........................................  29 deg.54.5'  88 deg.07.5'
A...........................................  30 deg.02.5'  88 deg.07.7'
------------------------------------------------------------------------

    (b) Florida middle grounds HAPC. Fishing with a bottom longline, 
bottom trawl, dredge, pot, or trap is prohibited

[[Page 34948]]

year round in the area bounded by rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  28 deg.42.5'  84 deg.24.8'
B...........................................  28 deg.42.5'  84 deg.16.3'
C...........................................  28 deg.11.0'  84 deg.00.0'
D...........................................  28 deg.11.0'  84 deg.07.0'
E...........................................  28 deg.26.6'  84 deg.24.8'
A...........................................  28 deg.42.5'  84 deg.24.8'
------------------------------------------------------------------------

    (c) Reef fish longline and buoy gear restricted area. A person 
aboard a vessel that uses, on any trip, longline or buoy gear in the 
longline and buoy gear restricted area is limited on that trip to the 
bag limits for Gulf reef fish specified in Sec. 622.39(b)(1) and, for 
Gulf reef fish for which no bag limit is specified in 
Sec. 622.39(b)(1), the vessel is limited to 5 percent, by weight, of 
all fish on board or landed. The longline and buoy gear restricted area 
is that part of the Gulf EEZ shoreward of rhumb lines connecting, in 
order, the points listed in Table 1, and shown in Figures 1 and 2, in 
Appendix B of this part.
    (d) Riley's Hump seasonal closure. From May 1 through June 30, each 
year, fishing is prohibited in the following area bounded by rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  24 deg.32.2'  83 deg.08.7'
B...........................................  24 deg.32.2'  83 deg.05.2'
C...........................................  24 deg.28.7'  83 deg.05.2'
D...........................................  24 deg.28.7'  83 deg.08.7'
A...........................................  24 deg.32.2'  83 deg.08.7'
------------------------------------------------------------------------

    (e) Shrimp/stone crab separation zones. Five zones are established 
in the Gulf EEZ and Florida's waters off Citrus and Hernando Counties 
for the separation of shrimp trawling and stone crab trapping. Although 
Zone II is entirely within Florida's waters, it is included in this 
paragraph (e) for the convenience of fishermen. Restrictions that apply 
to Zone II and those parts of the other zones that are in Florida's 
waters are contained in Rule 46-38.001, Florida Administrative Code. 
Geographical coordinates of the points referred to in this paragraph 
(e) are as follows:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  28 deg.59'30              
                                                        ''  82 deg.45'36
                                                                      ''
B...........................................  28 deg.59'30              
                                                        ''  83 deg.00'10
                                                                      ''
C...........................................  28 deg.26'01              
                                                        ''  82 deg.59'47
                                                                      ''
D...........................................  28 deg.26'01              
                                                        ''  82 deg.56'54
                                                                      ''
E...........................................  28 deg.41'39              
                                                        ''  82 deg.55'25
                                                                      ''
F...........................................  28 deg.41'39              
                                                        ''  82 deg.56'09
                                                                      ''
G...........................................  28 deg.48'56              
                                                        ''  82 deg.56'19
                                                                      ''
H...........................................  28 deg.53'51              
                                                        ''  82 deg.51'19
                                                                      ''
I \1\.......................................  28 deg.54'43              
                                                        ''  82 deg.44'52
                                                                      ''
J \2\.......................................  28 deg.51'09              
                                                        ''  82 deg.44'00
                                                                      ''
K...........................................  28 deg.50'59              
                                                        ''  82 deg.54'16
                                                                      ''
L...........................................  28 deg.41'39              
                                                        ''  82 deg.53'56
                                                                      ''
M \3\.......................................  28 deg.41'39              
                                                        ''  82 deg.38'46
                                                                      ''
N...........................................  28 deg.41'39              
                                                        ''  82 deg.53'12
                                                                      ''
O...........................................  28 deg.30'51              
                                                        ''  82 deg.55'11
                                                                      ''
P...........................................  28 deg.40'00              
                                                        ''  82 deg.53'08
                                                                      ''
Q...........................................  28 deg.40'00              
                                                        ''  82 deg.47'58
                                                                      ''
R...........................................  28 deg.35'14              
                                                        ''  82 deg.47'47
                                                                      ''
S...........................................  28 deg.30'51              
                                                        ''  82 deg.52'55
                                                                      ''
T...........................................  28 deg.27'46              
                                                        ''  82 deg.55'09
                                                                      ''
U...........................................  28 deg.30'51              
                                                        ''  82 deg.52'09
                                                                     '' 
------------------------------------------------------------------------
\1\ Crystal River Entrance Light 1A.                                    
\2\ Long Pt. (southwest tip).                                           
\3\ Shoreline.                                                          

    (1) Zone I is enclosed by rhumb lines connecting, in order, points 
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points 
A and J. It is unlawful to trawl in that part of Zone I that is in the 
EEZ from October 5 through May 20, each year.
    (2) Zone II is enclosed by rhumb lines connecting, in order, points 
J, I, H, K, L, and M, plus the shoreline between points J and M.
    (3) Zone III is enclosed by rhumb lines connecting, in order, 
points P, Q, R, U, S, and P. It is unlawful to trawl in that part of 
Zone III that is in the EEZ from October 5 through May 20, each year.
    (4) Zone IV is enclosed by rhumb lines connecting, in order, points 
E, N, S, O, and E.
    (i) It is unlawful to place a stone crab trap in that part of Zone 
IV that is in the EEZ from October 5 through December 1 and from April 
2 through May 20, each year.
    (ii) It is unlawful to trawl in that part of Zone IV that is in the 
EEZ from December 2 through April 1, each year.
    (5) Zone V is enclosed by rhumb lines connecting, in order, points 
F, G, K, L, and F.
    (i) It is unlawful to place a stone crab trap in that part of Zone 
V that is in the EEZ from October 5 through November 30 and from March 
16 through May 20, each year.
    (ii) It is unlawful to trawl in that part of Zone V that is in the 
EEZ from December 1 through March 15, each year.
    (f) Southwest Florida seasonal trawl closure. From January 1 to 1 
hour after sunset on May 20, each year, trawling, including trawling 
for live bait, is prohibited in that part of the Gulf EEZ shoreward of 
rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
B \1\.......................................  26 deg.16.0'  81 deg.58.5'
C...........................................  26 deg.00.0'  82 deg.04.0'
D...........................................  25 deg.09.0'  81 deg.47.6'
E...........................................  24 deg.54.5'  81 deg.50.5'
M \1\.......................................  24 deg.49.3'  81 deg.46.4'
                                                                        
------------------------------------------------------------------------
\1\ On the seaward limit of Florida's waters.                           

    (g) Reef fish stressed area. The stressed area is that part of the 
Gulf EEZ shoreward of rhumb lines connecting, in order, the points 
listed in Table 2, and shown in Figures 3 and 4, in Appendix B of this 
part.
    (1) A powerhead may not be used in the stressed area to take Gulf 
reef fish. Possession of a powerhead and a mutilated Gulf reef fish in 
the stressed area or after having fished in the stressed area 
constitutes prima facie evidence that such reef fish was taken with a 
powerhead in the stressed area.
    (2) A roller trawl may not be used in the stressed area. Roller 
trawl means a trawl net equipped with a series of large, solid rollers 
separated by several smaller spacer rollers on a separate cable or line 
(sweep) connected to the footrope, which makes it possible to fish the 
gear over rough bottom, that is, in areas unsuitable for fishing 
conventional shrimp trawls. Rigid framed trawls adapted for shrimping 
over uneven bottom, in wide use along the west coast of Florida, and 
shrimp trawls with hollow plastic rollers for fishing on soft bottoms, 
are not considered roller trawls.
    (3) A fish trap may not be used in the stressed area. A fish trap 
used in the stressed area will be considered unclaimed or abandoned 
property and may be disposed of in any appropriate manner by the 
Assistant Administrator (including an authorized officer).
    (h) Texas closure. (1) From 30 minutes after sunset on May 15 to 30 
minutes after sunset on July 15, trawling, except trawling for royal 
red shrimp beyond the 100-fathom (183-m) depth contour, is prohibited 
in the Gulf EEZ off Texas.
    (2) In accordance with the procedures and restrictions of the 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico, 
the RD may adjust the closing and/or opening date of the Texas closure 
to provide an earlier, later, shorter, or longer closure, but the 
duration of the closure may not exceed 90 days or be less than 45 days. 
Notification of the adjustment of the closing or opening date will be 
published in the Federal Register.
    (i) Tortugas shrimp sanctuary. (1) The Tortugas shrimp sanctuary is 
closed to trawling. The Tortugas shrimp sanctuary is that part of the 
EEZ off Florida shoreward of rhumb lines

[[Page 34949]]

connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
N \1\.......................................  25 deg.52.9'  81 deg.37.9'
F...........................................  25 deg.50.7'  81 deg.51.3'
G \2\.......................................  24 deg.40.1'  82 deg.26.7'
H \3\.......................................  24 deg.34.7'  82 deg.35.2'
P \4\.......................................  24 deg.35.0'  81 deg.08.0'
                                                                        
------------------------------------------------------------------------
\1\ Coon Key Light.                                                     
\2\ New Ground Rocks Light.                                             
\3\ Rebecca Shoal Light.                                                
\4\ Marquessas Keys.                                                    

    (2) The provisions of paragraph (i)(1) of this section 
notwithstanding--
    (i) Effective from April 11 through September 30, each year, that 
part of the Tortugas shrimp sanctuary seaward of rhumb lines connecting 
the following points is open to trawling: From point T at 24 deg.47.8' 
N. lat., 82 deg.01.0' W. long. to point U at 24 deg.43.83' N. lat., 
82 deg.01.0' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point V at 
24 deg.42.55' N. lat., 82 deg.15.0' W. long.; thence north to point W 
at 24 deg.43.6' N. lat., 82 deg.15.0' W. long.
    (ii) Effective from April 11 through July 31, each year, that part 
of the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point W to point V, both 
points as specified in paragraph (i)(2)(i) of this section, to point G, 
as specified in paragraph (i)(1) of this section.
    (3) Effective from May 26 through July 31, each year, that part of 
the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point F, as specified in 
paragraph (i)(1) of this section, to point Q at 24 deg.46.7' N. lat., 
81 deg.52.2' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point U and 
north to point T, both points as specified in paragraph (i)(2)(i) of 
this section.
    (j) West and East Flower Garden Banks HAPC. Fishing with a bottom 
longline, bottom trawl, dredge, pot, or trap is prohibited year-round 
in the HAPC. The West and East Flower Garden Banks are geographically 
centered at 27 deg.52'14.21'' N. lat., 93 deg.48'54.79'' W. long. and 
27 deg.55'07.44'' N. lat., 93 deg.36'08.49'' W. long., respectively. 
The HAPC extends from these centers to the 50-fathom (300-ft) (91.4-m) 
isobath.
    (k) Wild live rock area closures. No person may harvest or possess 
wild live rock in the Gulf EEZ--
    (1) North and west of a line extending in a direction of 235 deg. 
from true north from a point at the mouth of the Suwannee River at 
29 deg.17.25' N. lat., 83 deg.09.9' W. long. (the Levy/Dixie County, FL 
boundary); or
    (2) South of 25 deg.20.4' N. lat. (due west from the Monroe/Collier 
County, FL boundary).


Sec. 622.35  South Atlantic EEZ seasonal and/or area closures.

    (a) Allowable octocoral closed area. No person may harvest or 
possess allowable octocoral in the South Atlantic EEZ north of 
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, FL).
    (b) Longline closed areas. A longline may not be used to fish in 
the EEZ for South Atlantic snapper-grouper south of 27 deg.10' N. lat. 
(due east of the entrance to St. Lucie Inlet, FL); or north of 
27 deg.10' N. lat. where the charted depth is less than 50 fathoms 
(91.4 m), as shown on the latest edition of the largest scale NOAA 
chart of the location. A person aboard a vessel with a longline on 
board that fishes on a trip in the South Atlantic EEZ south of 
27 deg.10' N. lat., or north of 27 deg.10' N. lat. where the charted 
depth is less than 50 fathoms (91.4 m), is limited on that trip to the 
bag limit for South Atlantic snapper-grouper for which a bag limit is 
specified in Sec. 622.39(d)(1), and to zero for all other South 
Atlantic snapper-grouper. For the purpose of this paragraph, a vessel 
is considered to have a longline on board when a power-operated 
longline hauler, a cable or monofilament of diameter and length 
suitable for use in the longline fishery, and gangions are on board. 
Removal of any one of these three elements constitutes removal of a 
longline.
    (c) Oculina Bank HAPC. The Oculina Bank HAPC is bounded on the 
north by 27 deg.53' N. lat., on the south by 27 deg.30' N. lat., on the 
east by 79 deg.56' W. long., and on the west by 80 deg.00' W. long. In 
the Oculina Bank HAPC:
    (1) Fishing with a bottom longline, bottom trawl, dredge, pot, or 
trap is prohibited.
    (2) A fishing vessel may not anchor, use an anchor and chain, or 
use a grapple and chain.
    (3) No fishing for South Atlantic snapper-grouper is allowed, and 
South Atlantic snapper-grouper may not be retained, in or from the 
HAPC. South Atlantic snapper-grouper taken incidentally in the HAPC by 
hook-and-line gear must be released immediately by cutting the line 
without removing the fish from the water.
    (d) South Atlantic shrimp cold weather closure. (1) Pursuant to the 
procedures and criteria established in the FMP for the Shrimp Fishery 
of the South Atlantic Region, when Florida, Georgia, North Carolina, or 
South Carolina closes all or a portion of its waters of the South 
Atlantic to the harvest of brown, pink, and white shrimp, the Assistant 
Administrator may concurrently close the South Atlantic EEZ adjacent to 
the closed state waters by filing a notification of closure with the 
Office of the Federal Register. Closure of the adjacent EEZ will be 
effective until the ending date of the closure in state waters, but may 
be ended earlier based on the state's request. In the latter case, the 
Assistant Administrator will terminate a closure of the EEZ by filing a 
notification to that effect with the Office of the Federal Register.
    (2) During a closure, as specified in paragraph (d)(1) of this 
section--
    (i) No person may trawl for brown shrimp, pink shrimp, or white 
shrimp in the closed portion of the EEZ (closed area); and no person 
may possess on board a fishing vessel brown shrimp, pink shrimp, or 
white shrimp in or from a closed area, except as authorized in 
paragraph (d)(2)(iii) of this section.
    (ii) No person aboard a vessel trawling in that part of a closed 
area that is within 25 nm of the baseline from which the territorial 
sea is measured may use or have on board a trawl net with a mesh size 
less than 4 inches (10.2 cm), as measured between the centers of 
opposite knots when pulled taut.
    (iii) Brown shrimp, pink shrimp, or white shrimp may be possessed 
on board a fishing vessel in a closed area, provided the vessel is in 
transit and all trawl nets with a mesh size less than 4 inches (10.2 
cm), as measured between the centers of opposite knots when pulled 
taut, are stowed below deck while transiting the closed area. For the 
purpose of this paragraph, a vessel is in transit when it is on a 
direct and continuous course through a closed area.
    (e) SMZs. (1) The SMZs consist of artificial reefs and surrounding 
areas as follows:
    (i) Paradise Reef is bounded on the north by 33 deg.31.59' N. lat.; 
on the south by 33 deg.30.51' N. lat.; on the east by 78 deg.57.55' W. 
long.; and on the west by 78 deg.58.85' W. long.
    (ii) Ten Mile Reef is bounded on the north by 33 deg.26.65' N. 
lat.; on the south by 33 deg.24.80' N. lat.; on the east by 
78 deg.51.08' W. long.; and on the west by 78 deg.52.97' W. long.

[[Page 34950]]

    (iii) Pawleys Island Reef is bounded on the north by 33 deg.26.58' 
N. lat.; on the south by 33 deg.25.76' N. lat.; on the east by 
79 deg.00.29' W. long.; and on the west by 79 deg.01.24' W. long.
    (iv) Georgetown Reef is bounded on the north by 33 deg.14.90' N. 
lat.; on the south by 33 deg.13.85' N. lat.; on the east by 
78 deg.59.45' W. long.; and on the west by 79 deg.00.65' W. long.
    (v) Capers Reef is bounded on the north by 32 deg.45.45' N. lat.; 
on the south by 32 deg.43.91' N. lat.; on the east by 79 deg.33.81' W. 
long.; and on the west by 79 deg.35.10' W. long.
    (vi) Kiawah Reef is bounded on the north by 32 deg.29.78' N. lat.; 
on the south by 32 deg.28.25' N. lat.; on the east by 79 deg.59.00' W. 
long.; and on the west by 80 deg.00.95' W. long.
    (vii) Edisto Offshore Reef is bounded on the north by 32 deg.15.30' 
N. lat.; on the south by 32 deg.13.90' N. lat.; on the east by 
79 deg.50.25' W. long.; and on the west by 79 deg.51.45' W. long.
    (viii) Hunting Island Reef is bounded on the north by 32 deg.13.72' 
N. lat.; on the south by 32 deg.12.30' N. lat.; on the east by 
80 deg.19.23' W. long.; and on the west by 80 deg.21.00' W. long.
    (ix) Fripp Island Reef is bounded on the north by 32 deg.15.92' N. 
lat.; on the south by 32 deg.14.75' N. lat.; on the east by 
80 deg.21.62' W. long.; and on the west by 80 deg.22.90' W. long.
    (x) Betsy Ross Reef is bounded on the north by 32 deg.03.60' N. 
lat.; on the south by 32 deg.02.88' N. lat.; on the east by 
80 deg.24.57' W. long.; and on the west by 80 deg.25.50' W. long.
    (xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by 
32 deg.00.71' N. lat.; on the south by 31 deg.59.42' N. lat.; on the 
east by 80 deg.35.23' W. long.; and on the west by 80 deg.36.37' W. 
long.
    (xii) Artificial Reef--A is bounded on the north by 30 deg.56.4' N. 
lat.; on the south by 30 deg.55.2' N. lat.; on the east by 81 deg.15.4' 
W. long.; and on the west by 81 deg.16.5' W. long.
    (xiii) Artificial Reef--C is bounded on the north by 30 deg.51.4' 
N. lat.; on the south by 30 deg.50.1' N. lat.; on the east by 
81 deg.09.1' W. long.; and on the west by 81 deg.10.4' W. long.
    (xiv) Artificial Reef--G is bounded on the north by 30 deg.59.1' N. 
lat.; on the south by 30 deg.57.8' N. lat.; on the east by 80 deg.57.7' 
W. long.; and on the west by 80 deg.59.2' W. long.
    (xv) Artificial Reef--F is bounded on the north by 31 deg.06.6' N. 
lat.; on the south by 31 deg.05.6' N. lat.; on the east by 81 deg.11.4' 
W. long.; and on the west by 81 deg.13.3' W. long.
    (xvi) Artificial Reef--J is bounded on the north by 31 deg.36.7' N. 
lat.; on the south by 31 deg.35.7' N. lat.; on the east by 80 deg.47.0' 
W. long.; and on the west by 80 deg.48.1' W. long.
    (xvii) Artificial Reef--L is bounded on the north by 31 deg.46.2' 
N. lat.; on the south by 31 deg.45.1' N. lat.; on the east by 
80 deg.35.8' W. long.; and on the west by 80 deg.37.1' W. long.
    (xviii) Artificial Reef--KC is bounded on the north by 31 deg.51.2' 
N. lat.; on the south by 31 deg.50.3' N. lat.; on the east by 
80 deg.46.0' W. long.; and on the west by 80 deg.47.2' W. long.
    (xix) Ft. Pierce Inshore Reef is bounded on the north by 
27 deg.26.8' N. lat.; on the south by 27 deg.25.8' N. lat.; on the east 
by 80 deg.09.24' W. long.; and on the west by 80 deg.10.36' W. long.
    (xx) Ft. Pierce Offshore Reef is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  27 deg.23.68              
                                                         '  80 deg.03.95
                                                                       '
B...........................................  27 deg.22.80              
                                                         '  80 deg.03.60
                                                                       '
C...........................................  27 deg.23.94              
                                                         '  80 deg.00.02
                                                                       '
D...........................................  27 deg.24.85              
                                                         '  80 deg.00.33
                                                                       '
A...........................................  27 deg.23.68              
                                                         '  80 deg.03.95
                                                                       '
------------------------------------------------------------------------

    (xxi) Key Biscayne/Artificial Reef--H is bounded on the north by 
25 deg.42.82' N. lat.; on the south by 25 deg.41.32' N. lat.; on the 
east by 80 deg.04.22' W. long.; and on the west by 80 deg.05.53' W. 
long.
    (xxii) Little River Offshore Reef is bounded on the north by 
33 deg.42.10' N. lat.; on the south by 33 deg.41.10' N. lat.; on the 
east by 78 deg.26.40' W. long.; and on the west by 78 deg.27.10' W. 
long.
    (xxiii) BP-25 Reef is bounded on the north by 33 deg.21.70' N. 
lat.; on the south by 33 deg.20.70' N. lat.; on the east by 
78 deg.24.80' W. long.; and on the west by 78 deg.25.60' W. long.
    (xxiv) Vermilion Reef is bounded on the north by 32 deg.57.80' N. 
lat.; on the south by 32 deg.57.30' N. lat.; on the east by 
78 deg.39.30' W. long.; and on the west by 78 deg.40.10' W. long.
    (xxv) Cape Romaine Reef is bounded on the north by 33 deg.00.00' N. 
lat.; on the south by 32 deg.59.50' N. lat.; on the east by 
79 deg.02.01' W. long.; and on the west by 79 deg.02.62' W. long.
    (xxvi) Y-73 Reef is bounded on the north by 32 deg.33.20' N. lat.; 
on the south by 32 deg.32.70' N. lat.; on the east by 79 deg.19.10' W. 
long.; and on the west by 79 deg.19.70' W. long.
    (xxvii) Eagles Nest Reef is bounded on the north by 32 deg.01.48' 
N. lat.; on the south by 32 deg.00.98' N. lat.; on the east by 
80 deg.30.00' W. long.; and on the west by 80 deg.30.65' W. long.
    (xxviii) Bill Perry Jr. Reef is bounded on the north by 
33 deg.26.20' N. lat.; on the south by 33 deg.25.20' N. lat.; on the 
east by 78 deg.32.70' W. long.; and on the west by 78 deg.33.80' W. 
long.
    (xxix) Comanche Reef is bounded on the north by 32 deg.27.40' N. 
lat.; on the south by 32 deg.26.90' N. lat.; on the east by 
79 deg.18.80' W. long.; and on the west by 79 deg.19.60' W. long.
    (2) The use of a sea bass pot or a bottom longline is prohibited in 
each of the SMZs. The following additional restrictions apply in the 
indicated SMZs:
    (i) In SMZs specified in paragraphs (e)(1) (i) through (xviii) and 
(e)(1) (xxii) through (xxix) of this section, the use of a gillnet or a 
trawl is prohibited; and fishing may be conducted only with hand-held 
hook-and-line gear (including a manual, electric, or hydraulic rod and 
reel) and spearfishing gear.
    (ii) In SMZs specified in paragraphs (e)(1) (xix) and (xx) of this 
section, a hydraulic or electric reel that is permanently affixed to 
the vessel is prohibited when fishing for South Atlantic snapper-
grouper.
    (iii) In the SMZs specified in paragraphs (e)(1) (xix) and (xxi) of 
this section, the use of spearfishing gear is prohibited.
    (iv) In the SMZs specified in paragraphs (e)(1)(i) through (x) and 
(e)(1) (xxii) through (xxix) of this section, a powerhead may not be 
used to take South Atlantic snapper-grouper. Possession of a powerhead 
and a mutilated South Atlantic snapper-grouper in one of the specified 
SMZs, or after having fished in one of the SMZs, constitutes prima 
facie evidence that such fish was taken with a powerhead in the SMZ.


Sec. 622.36  Seasonal harvest limitations.

    The following limitations apply in the South Atlantic EEZ:
    (a) Greater amberjack spawning season. During April, each year, 
south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL), the possession of greater amberjack in 
or from the EEZ on board a vessel that has a commercial permit for 
South Atlantic snapper-grouper is limited to three per person during a 
single day, regardless of the number of trips or the duration of a 
trip.
    (b) Mutton snapper spawning season. During May and June, each year, 
the possession of mutton snapper in or from the EEZ on board a vessel 
that has a commercial permit for South Atlantic snapper-grouper is 
limited to 10 per person during a single day, regardless of the number 
of trips or the duration of a trip.
    (c) Wreckfish spawning-season closure. From January 15 through 
April 15, each year, no person may harvest or possess on a fishing 
vessel wreckfish in or from the EEZ; offload wreckfish from

[[Page 34951]]

the EEZ; or sell or purchase wreckfish in or from the EEZ. The 
prohibition on sale or purchase of wreckfish does not apply to trade in 
wreckfish that were harvested, offloaded, and sold or purchased prior 
to January 15 and were held in cold storage by a dealer or processor.


Sec. 622.37  Minimum sizes.

    Except for undersized king and Spanish mackerel allowed in 
paragraphs (c)(2) and (3) of this section, a fish smaller than its 
minimum size, as specified in this section, in or from the Caribbean, 
Gulf, South Atlantic, and/or Mid-Atlantic EEZ, as appropriate, may not 
be possessed, sold, or purchased. An undersized fish must be released 
immediately with a minimum of harm. The operator of a vessel that 
fishes in the EEZ is responsible for ensuring that fish on board are no 
smaller than the minimum size limits specified in this section.
    (a) Caribbean reef fish: Yellowtail snapper--12 inches (30.5 cm), 
TL.
    (b) Caribbean spiny lobster--3.5 inches (8.9 cm), carapace length.
    (c) Coastal migratory pelagic fish. (1) Cobia in the Gulf or South 
Atlantic--33 inches (83.8 cm), fork length.
    (2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--20 
inches (30.5 cm), fork length, except that a vessel fishing under a 
quota for king mackerel specified in Sec. 622.42(c)(1) may possess 
undersized king mackerel in quantities not exceeding 5 percent, by 
weight, of the king mackerel on board.
    (3) Spanish mackerel in the Gulf, South Atlantic, or Mid-Atlantic--
12 inches (30.5 cm), fork length, except that a vessel fishing under a 
quota for Spanish mackerel specified in Sec. 622.42(c)(2) may possess 
undersized Spanish mackerel in quantities not exceeding 5 percent, by 
weight, of the Spanish mackerel on board.
    (d) Gulf reef fish. (1) Black sea bass and lane and vermilion 
snappers--8 inches (20.3 cm), TL.
    (2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm), TL.
    (3) Red snapper--
    (i) Effective through December 31, 1997--15 inches (38.1 cm), TL;
    (ii) Effective January 1, 1998--16 inches (40.6 cm), TL.
    (4) Black, red, Nassau, and yellowfin groupers and gag--20 inches, 
(50.8 cm), TL.
    (5) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in 
Sec. 622.39(b)(1)(i) and 36 inches (91.4 cm), fork length, for a fish 
taken by a person not subject to the bag limit.
    (e) South Atlantic snapper-grouper. (1) Black sea bass and lane 
snapper--8 inches (20.3 cm), TL.
    (2) Vermilion snapper--10 inches (25.4 cm), TL, for a fish taken by 
a person subject to the bag limit specified in Sec. 622.39(d)(1)(v) and 
12 inches (30.5 cm), TL, for a fish taken by a person not subject to 
the bag limit.
    (3) Blackfin, cubera, dog, gray, mahogany, queen, silk, and 
yellowtail snappers; schoolmaster; and red porgy--12 inches (30.5 cm), 
TL.
    (4) Gray triggerfish in the South Atlantic EEZ off Florida--12 
inches (30.5 cm), TL.
    (5) Hogfish--12 inches (30.5 cm), fork length.
    (6) Mutton snapper--16 inches (40.6 cm), TL.
    (7) Black, red, yellowfin, and yellowmouth grouper; scamp; gag; and 
red snapper--20 inches (50.8 cm), TL.
    (8) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in 
Sec. 622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, or, if the 
head is removed, 28 inches (71.1 cm), measured from the center edge at 
the deheaded end to the fork of the tail, for a fish taken by a person 
not subject to the bag limit. (See Figure 2 in Appendix C of this part 
for deheaded fish length measurement.)
    (f) Gulf shrimp. White shrimp harvested in the EEZ are subject to 
the minimum-size landing and possession limits of Louisiana when 
possessed within the jurisdiction of that State.


Sec. 622.38  Landing fish intact.

    The operator of a vessel that fishes in the EEZ is responsible for 
ensuring that fish on that vessel in the EEZ are maintained intact and, 
if taken from the EEZ, are maintained intact through offloading ashore, 
as specified in this section.
    (a) The following must be maintained with head and fins intact: A 
cobia in or from the Gulf or South Atlantic EEZ; a king mackerel or 
Spanish mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic 
EEZ; a South Atlantic snapper-grouper in or from the South Atlantic 
EEZ; a yellowtail snapper in or from the Caribbean EEZ; and, except as 
specified in paragraphs (c), (d), and (e) of this section, a finfish in 
or from the Gulf EEZ. Such fish may be eviscerated, gilled, and scaled, 
but must otherwise be maintained in a whole condition.
    (b) A Caribbean spiny lobster in or from the Caribbean EEZ must be 
maintained with head and carapace intact.
    (c) Shark, swordfish, and tuna species are exempt from the 
requirements of paragraph (a) of this section.
    (d) In the Gulf EEZ:
    (1) Bait is exempt from the requirement to be maintained with head 
and fins intact.
    (i) For the purpose of this paragraph (d)(1), bait means--
    (A) Packaged, headless fish fillets that have the skin attached and 
are frozen or refrigerated;
    (B) Headless fish fillets that have the skin attached and are held 
in brine; or
    (C) Small pieces no larger than 3 in\3\ (7.6 cm\3\) or strips no 
larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin 
attached and are frozen, refrigerated, or held in brine.
    (ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish 
or part thereof possessed in or landed from the Gulf EEZ that is 
subsequently sold or purchased as a finfish species, rather than as 
bait, is not bait.
    (2) Legal-sized finfish possessed for consumption at sea on the 
harvesting vessel are exempt from the requirement to have head and fins 
intact, provided--
    (i) Such finfish do not exceed any applicable bag limit;
    (ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per 
person aboard; and
    (iii) The vessel is equipped to cook such finfish on board.
    (e) In the South Atlantic EEZ, a greater amberjack on or offloaded 
ashore from a vessel that has a permit specified in 
Sec. 622.4(a)(2)(vi) may be deheaded and eviscerated, but must 
otherwise be maintained in a whole condition through offloading ashore.


Sec. 622.39  Bag and possession limits.

    (a) Applicability. (1) The bag and possession limits apply for 
species/species groups listed in this section in or from the EEZ. Bag 
limits apply to a person on a daily basis, regardless of the number of 
trips in a day. Possession limits apply to a person on a trip after the 
first 24 hours of that trip. The bag and possession limits apply to a 
person who fishes in the EEZ in any manner, except a person aboard a 
vessel in the EEZ that has on board the commercial vessel permit 
required under Sec. 622.4(a)(2) for the appropriate species/species 
group. However, see Sec. 622.32 for limitations on taking prohibited 
and limited-harvest species. The limitations in Sec. 622.32 apply 
without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit or by a person subject to 
the bag limits. The possession of a commercial vessel permit 
notwithstanding, the bag and possession

[[Page 34952]]

limits apply when the vessel is operating as a charter vessel or 
headboat. A person who fishes in the EEZ may not combine a bag limit 
specified in this section with a bag or possession limit applicable to 
state waters. A species/species group subject to a bag limit specified 
in this section taken in the EEZ by a person subject to the bag limits 
may not be transferred at sea, regardless of where such transfer takes 
place, and such fish may not be transferred in the EEZ.
    (2) Paragraph (a)(1) of this section notwithstanding, bag and 
possession limits also apply for Gulf reef fish in or from the EEZ to a 
person aboard a vessel that has on board a commercial permit for Gulf 
reef fish--
    (i) When trawl gear or entangling net gear is on board. A vessel is 
considered to have trawl gear on board when trawl doors and a net are 
on board. Removal from the vessel of all trawl doors or all nets 
constitutes removal of trawl gear.
    (ii) When a longline or buoy gear is on board and the vessel is 
fishing or has fished on a trip in the reef fish longline and buoy gear 
restricted area specified in Sec. 622.34(c). A vessel is considered to 
have a longline on board when a power-operated longline hauler, a cable 
of diameter and length suitable for use in the longline fishery, and 
gangions are on board. Removal of any one of these three elements, in 
its entirety, constitutes removal of a longline.
    (iii) For a species/species group when its quota has been reached 
and closure has been effected.
    (b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--3.
    (ii) Groupers, combined, excluding jewfish--5.
    (iii) Red snapper--5.
    (iv) Snappers, combined, excluding red, lane, and vermilion 
snapper--10.
    (2) Possession limits. A person who is on a trip that spans more 
than 24 hours may possess no more than two daily bag limits, provided 
such trip is on a vessel that is operating as a charter vessel or 
headboat, the vessel has two licensed operators aboard, and each 
passenger is issued and has in possession a receipt issued on behalf of 
the vessel that verifies the length of the trip.
    (c) King and Spanish mackerel--(1) Bag limits. (i) Atlantic 
migratory group king mackerel--
    (A) Mid-Atlantic and South Atlantic, other than off Florida--3.
    (B) Off Florida--2, which is the daily bag limit specified by 
Florida for its waters (Rule 46-12.004(1), Florida Administrative 
Code). If Florida changes its limit, the bag limit specified in this 
paragraph (c)(1)(i)(B) will be changed to conform to Florida's limit, 
provided such limit does not exceed 5.
    (ii) Gulf migratory group king mackerel--2.
    (iii) Atlantic migratory group Spanish mackerel--10.
    (iv) Gulf migratory group Spanish mackerel--
    (A) Off Louisiana, Mississippi, and Alabama--10.
    (B) Off Florida--10, which is the daily bag limit specified by 
Florida for its waters (Rule 46-23.005(1), Florida Administrative 
Code). If Florida changes its limit, the bag limit specified in this 
paragraph (c)(1)(iv)(B) will be changed to conform to Florida's limit, 
provided such limit does not exceed 10.
    (C) Off Texas--7, which is the daily bag limit specified by Texas 
for its waters (Rule 31-65.72(c)(4)(A), Texas Administrative Code). If 
Texas changes its limit, the bag limit specified in this paragraph 
(c)(1)(iv)(C) will be changed to conform to Texas' limit, provided such 
limit does not exceed 10.
    (2) Possession limits. A person who is on a trip that spans more 
than 24 hours may possess no more than two daily bag limits, provided 
such trip is on a vessel that is operating as a charter vessel or 
headboat, the vessel has two licensed operators aboard, and each 
passenger is issued and has in possession a receipt issued on behalf of 
the vessel that verifies the length of the trip.
    (d) South Atlantic snapper-grouper--(1) Bag limits. (i) Greater 
amberjack--3.
    (ii) Groupers, combined, excluding jewfish and Nassau grouper, and 
tilefishes--5.
    (iii) Hogfish in the South Atlantic off Florida--5.
    (iv) Snappers, combined, excluding cubera snapper measuring 30 
inches (76.2 cm), TL, or larger, in the South Atlantic off Florida, and 
excluding vermilion snapper--10, of which no more than 2 may be red 
snapper. (See Sec. 622.32(c)(2) for limitations on cubera snapper 
measuring 30 inches (76.2 cm), TL, or larger, in or from the South 
Atlantic EEZ off Florida.)
    (v) Vermilion snapper--10.
    (2) Possession limits. Provided each passenger is issued and has in 
possession a receipt issued on behalf of the vessel that verifies the 
duration of the trip--
    (i) A person aboard a charter vessel or headboat on a trip that 
spans more than 24 hours may possess no more than two daily bag limits.
    (ii) A person aboard a headboat on a trip that spans more than 48 
hours and who can document that fishing was conducted on at least 3 
days may possess no more than three daily bag limits.
    (3) Longline bag limits. Other provisions of this paragraph (d) 
notwithstanding, a person on a trip aboard a vessel for which the bag 
limits apply that has a longline on board is limited on that trip to 
the bag limit for South Atlantic snapper-grouper for which a bag limit 
is specified in paragraph (d)(1) of this section, and to zero for all 
other South Atlantic snapper-grouper. For the purpose of this paragraph 
(d)(3), a vessel is considered to have a longline on board when a 
power-operated longline hauler, a cable or monofilament of diameter and 
length suitable for use in the longline fishery, and gangions are on 
board. Removal of any one of these three elements constitutes removal 
of a longline.


Sec. 622.40  Limitations on traps and pots.

    (a) Tending--(1) Caribbean EEZ. A fish trap or Caribbean spiny 
lobster trap in the Caribbean EEZ may be pulled or tended only by a 
person (other than an authorized officer) aboard the fish trap or spiny 
lobster trap owner's vessel, or aboard another vessel if such vessel 
has on board written consent of the trap owner, or if the trap owner is 
aboard and has documentation verifying his identification number and 
color code. An owner's written consent must specify the time period 
such consent is effective and the trap owner's gear identification 
number and color code.
    (2) Gulf EEZ. A fish trap in the Gulf EEZ may be pulled or tended 
only by a person (other than an authorized officer) aboard the vessel 
with the fish trap endorsement to fish such trap or aboard another 
vessel if such vessel has on board written consent of the owner or 
operator of the vessel so endorsed. Such written consent is valid 
solely for the removal of fish traps from the EEZ, and harvest of fish 
incidental to such removal, when vessel or equipment breakdown prevents 
the vessel with the fish trap endorsement from retrieving its traps.
    (3) South Atlantic EEZ. A sea bass pot in the South Atlantic EEZ 
may be pulled or tended only by a person (other than an authorized 
officer) aboard the vessel permitted to fish such pot or aboard another 
vessel if such vessel has on board written consent of the owner or 
operator of the vessel so permitted.
    (b) Escape mechanisms--(1) Caribbean EEZ. (i) A fish trap used or 
possessed in the Caribbean EEZ must have a panel located on each of two 
sides of the trap, excluding the top, bottom, and side containing the 
trap entrance. The opening covered by a panel must measure not less 
than 8 by 8 inches (20.3 by 20.3 cm). The mesh size of a panel may not 
be smaller than

[[Page 34953]]

the mesh size of the trap. A panel must be attached to the trap with 
untreated jute twine with a diameter not exceeding \1/8\ inch (3.2 mm). 
An access door may serve as one of the panels, provided it is on an 
appropriate side, it is hinged only at its bottom, its only other 
fastening is untreated jute twine with a diameter not exceeding \1/8\ 
inch (3.2 mm), and such fastening is at the top of the door so that the 
door will fall open when such twine degrades. Jute twine used to secure 
a panel may not be wrapped or overlapped.
    (ii) A spiny lobster trap used or possessed in the Caribbean EEZ 
must contain on any vertical side or on the top a panel no smaller in 
diameter than the throat or entrance of the trap. The panel must be 
made of or attached to the trap by one of the following degradable 
materials:
    (A) Untreated fiber of biological origin with a diameter not 
exceeding \1/8\ inch (3.2 mm). This includes, but is not limited to 
tyre, palm, hemp, jute, cotton, wool, or silk.
    (B) Ungalvanized or uncoated iron wire with a diameter not 
exceeding \1/16\ inch (1.6 mm), that is, 16 gauge wire.
    (2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must 
have at least two escape windows on each of two sides, excluding the 
bottom (a total of four escape windows), that are 2 by 2 inches (5.1 by 
5.1 cm) or larger. In addition, a fish trap must have a panel or access 
door located opposite each side of the trap that has a funnel. The 
opening covered by each panel or access door must be 144 in<SUP>2 (929 
cm<SUP>2) or larger, with one dimension of the area equal to or larger 
than the largest interior axis of the trap's throat (funnel) with no 
other dimension less than 6 inches (15.2 cm). The hinges and fasteners 
of each panel or access door must be constructed of one of the 
following degradable materials:
    (i) Untreated jute string with a diameter not exceeding \3/16\ inch 
(4.8 mm) that is not wrapped or overlapped.
    (ii) Magnesium alloy, time float releases (pop-up devices) or 
similar magnesium alloy fasteners.
    (3) South Atlantic EEZ. (i) A sea bass pot that is used or 
possessed in the South Atlantic EEZ north of 28 deg.35.1' N. lat. (due 
east of the NASA Vehicle Assembly Building, Cape Canaveral, FL) is 
required to have on at least one side, excluding top and bottom, a 
panel or door with an opening equal to or larger than the interior end 
of the trap's throat (funnel). The hinges and fasteners of each panel 
or door must be made of one of the following degradable materials:
    (A) Untreated hemp, jute, or cotton string with a diameter not 
exceeding \3/16\ inch (4.8 mm).
    (B) Magnesium alloy, timed float releases (pop-up devices) or 
similar magnesium alloy fasteners.
    (C) Ungalvanized or uncoated iron wire with a diameter not 
exceeding \1/16\ inch (1.6 mm), that is, 16 gauge wire.
    (ii) [Reserved]
    (c) Construction requirements and mesh sizes--(1) Caribbean EEZ. A 
bare-wire fish trap used or possessed in the EEZ that has hexagonal 
mesh openings must have a minimum mesh size of 1.5 inches (3.8 cm) in 
the smallest dimension measured between centers of opposite strands. A 
bare-wire fish trap used or possessed in the EEZ that has other than 
hexagonal mesh openings or a fish trap of other than bare wire, such as 
coated wire or plastic, used or possessed in the EEZ, must have a 
minimum mesh size of 2.0 inches (5.1 cm) in the smallest dimension 
measured between centers of opposite strands.
    (2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must 
meet all of the following mesh size requirements (based on centerline 
measurements between opposite wires or netting strands):
    (i) A minimum of 2 in<SUP>2 (12.9 cm<SUP>2) opening for each mesh.
    (ii) One-inch (2.5-cm) minimum length for the shortest side.
    (iii) Minimum distance of 1 inch (2.5 cm) between parallel sides of 
rectangular openings, and 1.5 inches (3.8 cm) between parallel sides of 
square openings and of mesh openings with more than four sides.
    (iv) One and nine-tenths inches (4.8 cm) minimum distance for 
diagonal measures of mesh.
    (3) South Atlantic EEZ. (i) A sea bass pot used or possessed in the 
South Atlantic EEZ must have mesh sizes as follows (based on centerline 
measurements between opposite, parallel wires or netting strands):
    (A) Hexagonal mesh (chicken wire)--at least 1.5 inches (3.8 cm) 
between the wrapped sides;
    (B) Square mesh--at least 1.5 inches (3.8 cm) between sides; or
    (C) Rectangular mesh--at least 1 inch (2.5 cm) between the longer 
sides and 2 inches (5.1 cm) between the shorter sides.
    (ii) [Reserved]
    (d) Area-specific restrictions--(1) Gulf EEZ. In the Gulf EEZ, a 
fish trap may be pulled or tended only from official sunrise to 
official sunset. The operator of a vessel from which a fish trap is 
deployed in the Gulf EEZ must retrieve all the vessel's fish traps and 
return them to port on each trip. A fish trap that is not returned to 
port on a trip, and its attached line and buoy, may be disposed of in 
any appropriate manner by the Assistant Administrator or an authorized 
officer. The owner of such trap and/or the operator of the responsible 
vessel is subject to appropriate civil penalties. A buoy that floats on 
the surface must be attached to each fish trap, or to each end trap of 
traps that are connected by a line, used in the Gulf EEZ. The maximum 
allowable size for a fish trap fished in the Gulf EEZ shoreward of the 
50-fathom (91.4-m) isobath is 33 ft<SUP>3 (0.9 m<SUP>3) in volume. Fish 
trap volume is determined by measuring the external dimensions of the 
trap, and includes both the enclosed holding capacity of the trap and 
the volume of the funnel(s) within those dimensions. There is no size 
limitation for fish traps fished seaward of the 50-fathom (91.4-m) 
isobath. The maximum number of traps that may be assigned to, 
possessed, or fished in the Gulf EEZ by a vessel is 100.
    (2) South Atlantic EEZ. In the South Atlantic EEZ, sea bass pots 
may not be used or possessed in multiple configurations, that is, two 
or more pots may not be attached one to another so that their overall 
dimensions exceed those allowed for an individual sea bass pot. This 
does not preclude connecting individual pots to a line, such as a 
``trawl'' or trot line.


Sec. 622.41  Species specific limitations.

    (a) Aquacultured live rock. In the Gulf or South Atlantic EEZ:
    (1) Aquacultured live rock may be harvested only under a permit, as 
required under Sec. 622.4(a)(3)(iii), and aquacultured live rock on a 
site may be harvested only by the person, or his or her employee, 
contractor, or agent, who has been issued the aquacultured live rock 
permit for the site. A person harvesting aquacultured live rock is 
exempt from the prohibition on taking prohibited coral for such 
prohibited coral as attaches to aquacultured live rock.
    (2) The following restrictions apply to individual aquaculture 
activities:
    (i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
    (ii) Material deposited on the aquaculture site--
    (A) May not be placed over naturally occurring reef outcrops, 
limestone ledges, coral reefs, or vegetated areas.
    (B) Must be free of contaminants.
    (C) Must be nontoxic.
    (D) Must be placed on the site by hand or lowered completely to the 
bottom under restraint, that is, not allowed to fall freely.

[[Page 34954]]

    (E) Must be placed from a vessel that is anchored.
    (F) In the Gulf EEZ, must be distinguishable, geologically or 
otherwise (for example, be indelibly marked or tagged), from the 
naturally occurring substrate.
    (G) In the South Atlantic EEZ, must be geologically distinguishable 
from the naturally occurring substrate and, in addition, may be 
indelibly marked or tagged.
    (iii) A minimum setback of at least 50 ft (15.2 m) must be 
maintained from natural vegetated or hard bottom habitats.
    (3) Mechanically dredging or drilling, or otherwise disturbing, 
aquacultured live rock is prohibited, and aquacultured live rock may be 
harvested only by hand. In addition, the following activities are 
prohibited in the South Atlantic: Chipping of aquacultured live rock in 
the EEZ, possession of chipped aquacultured live rock in or from the 
EEZ, removal of allowable octocoral or prohibited coral from 
aquacultured live rock in or from the EEZ, and possession of prohibited 
coral not attached to aquacultured live rock or allowable octocoral, 
while aquacultured live rock is in possession. See the definition of 
``Allowable octocoral'' for clarification of the distinction between 
allowable octocoral and live rock. For the purposes of this paragraph 
(a)(3), chipping means breaking up reefs, ledges, or rocks into 
fragments, usually by means of a chisel and hammer.
    (4) Not less than 24 hours prior to harvest of aquacultured live 
rock, the owner or operator of the harvesting vessel must provide the 
following information to the NMFS Law Enforcement Office, Southeast 
Area, St. Petersburg, FL, telephone (813) 570-5344:
    (i) Permit number of site to be harvested and date of harvest.
    (ii) Name and official number of the vessel to be used in 
harvesting.
    (iii) Date, port, and facility at which aquacultured live rock will 
be landed.
    (b) Caribbean reef fish. A marine aquarium fish may be harvested in 
the Caribbean EEZ only by a hand-held dip net or by a hand-held slurp 
gun. For the purposes of this paragraph, a hand-held slurp gun is a 
device that rapidly draws seawater containing fish into a self-
contained chamber, and a marine aquarium fish is a Caribbean reef fish 
that is smaller than 5.5 inches (14.0 cm), TL.
    (c) King and Spanish mackerel--(1) Prohibited gear. (i) In addition 
to the gear restrictions specified in Sec. 622.31, fishing gear is 
prohibited for use in the Gulf, Mid-Atlantic, and South Atlantic EEZ 
for migratory groups of king and Spanish mackerel as follows:
    (A) King mackerel, Gulf migratory group--all gear other than hook 
and line and run-around gillnet.
    (B) Spanish mackerel, Gulf and Atlantic migratory groups--purse 
seines.
    (ii) Except for the purse seine incidental catch allowance 
specified in paragraph (c)(3) of this section, a vessel in the EEZ in 
the area of a migratory group or having fished in the EEZ in such area 
with prohibited gear on board may not possess any of the species for 
which that gear is prohibited.
    (2) Gillnets--(i) King mackerel. The minimum allowable mesh size 
for a gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic 
EEZ for king mackerel is 4.75 inches (12.1 cm), stretched mesh. A 
vessel in the EEZ, or having fished on a trip in the EEZ, with a 
gillnet on board that has a mesh size less than 4.75 inches (12.1 cm), 
stretched mesh, may possess on that trip an incidental catch of king 
mackerel that does not exceed 10 percent, by number, of the total 
lawfully possessed Spanish mackerel on board.
    (ii) Spanish mackerel. The minimum allowable mesh size for a 
gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ 
for Spanish mackerel is 3.5 inches (8.9 cm), stretched mesh. A vessel 
in the EEZ, or having fished on a trip in the EEZ, with a gillnet on 
board that has a mesh size less than 3.5 inches (8.9 cm), stretched 
mesh, may not possess on that trip any Spanish mackerel.
    (3) Purse seine incidental catch allowance. A vessel in the EEZ, or 
having fished in the EEZ, with a purse seine on board will not be 
considered as fishing, or having fished, for king or Spanish mackerel 
in violation of a prohibition of purse seines under paragraph 
(c)(1)(i)(B) of this section, or, in the case of king mackerel from the 
Atlantic migratory group, in violation of a closure effected in 
accordance with Sec. 622.43(a), provided the king mackerel on board 
does not exceed 1 percent, or the Spanish mackerel on board does not 
exceed 10 percent, of all fish on board the vessel. Incidental catch 
will be calculated by number and/or weight of fish. Neither calculation 
may exceed the allowable percentage. Incidentally caught king or 
Spanish mackerel are counted toward the quotas provided for under 
Sec. 622.42(c) and are subject to the prohibition of sale under 
Sec. 622.43(a)(3)(iii).
    (d) South Atlantic snapper-grouper--(1) Authorized gear. Subject to 
the gear restrictions specified in Sec. 622.31, the following are the 
only gear types authorized in directed fishing for snapper-grouper in 
the South Atlantic EEZ:
    (i) Vertical hook-and-line gear, including a hand-held rod or a rod 
attached to a vessel (``bandit'' gear), in either case, with a manual, 
electric, or hydraulic reel.
    (ii) Spearfishing gear.
    (iii) Bottom longline.
    (iv) Sea bass pot.
    (2) Unauthorized gear. All gear types other than those specified in 
paragraph (d)(1) of this section are unauthorized gear and the 
following possession and transfer limitations apply.
    (i) A vessel with trawl gear on board that fishes in the EEZ on a 
trip may possess no more than 200 lb (90.7 kg) of South Atlantic 
snapper-grouper, excluding wreckfish, in or from the EEZ on that trip. 
It is a rebuttable presumption that a vessel with more than 200 lb 
(90.7 kg) of South Atlantic snapper-grouper, excluding wreckfish, on 
board harvested such fish in the EEZ.
    (ii) Except as specified in paragraph (d)(3) of this section, a 
person aboard a vessel with unauthorized gear on board, other than 
trawl gear, that fishes in the EEZ on a trip is limited on that trip 
to:
    (A) South Atlantic snapper-grouper species for which a bag limit is 
specified in Sec. 622.39(d)(1)--the bag limit.
    (B) All other South Atlantic snapper-grouper--zero.
    (iii) South Atlantic snapper-grouper on board a vessel with 
unauthorized gear on board may not be transferred at sea, regardless of 
where such transfer takes place, and such snapper-grouper may not be 
transferred in the EEZ.
    (iv) No vessel may receive at sea any South Atlantic snapper-
grouper from a vessel with unauthorized gear on board, as specified in 
paragraph (d)(2)(iii) of this section.
    (3) Use of sink nets off North Carolina. A vessel that has on board 
a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the EEZ off North Carolina on a trip with a 
sink net on board, may retain otherwise legal South Atlantic snapper-
grouper taken on that trip with vertical hook-and-line gear or a sea 
bass pot. For the purpose of this paragraph (d)(3), a sink net is a 
gillnet with stretched mesh measurements of 3 to 4.75 inches (7.6 to 
12.1 cm) that is attached to the vessel when deployed.


Sec. 622.42  Quotas.

    Quotas apply for the fishing year for each species or species 
group. Except for the quotas for Gulf and South Atlantic coral, the 
quotas include species harvested from state waters adjoining the EEZ. 
Quotas for species

[[Page 34955]]

managed under this part are as follows. (See Sec. 622.32 for 
limitations on taking prohibited and limited-harvest species. The 
limitations in Sec. 622.32 apply without regard to whether the species 
is harvested by a vessel operating under a commercial vessel permit or 
by a person subject to the bag limits.)
    (a) Gulf reef fish. Quotas apply to persons who fish under 
commercial vessel permits for Gulf reef fish, as required under 
Sec. 622.4(a)(2)(v).
    (1) Red snapper--3.06 million lb (1.39 million kg), round weight.
    (2) Deep-water groupers, that is, yellowedge grouper, misty 
grouper, warsaw grouper, snowy grouper, speckled hind, and, after the 
quota for shallow-water grouper is reached, scamp, combined--1.6 
million lb (0.7 million kg), round weight.
    (3) Shallow-water groupers, that is, all groupers other than deep-
water groupers and jewfish, including scamp before the quota for 
shallow-water groupers is reached, combined--9.8 million lb (4.4 
million kg), round weight.
    (b) Gulf and South Atlantic coral--(1) Allowable octocoral. The 
quota for all persons who harvest allowable octocoral in the Gulf and 
South Atlantic EEZ is 50,000 colonies. A colony is a continuous group 
of coral polyps forming a single unit.
    (2) Wild live rock in the Gulf. The quota for all persons who 
harvest wild live rock in the Gulf EEZ is 500,000 lb (226,796 kg). 
Commencing with the fishing year that begins January 1, 1997, the quota 
is zero.
    (c) King and Spanish mackerel. King and Spanish mackerel quotas 
apply to persons who fish under commercial vessel permits for king and 
Spanish mackerel, as required under Sec. 622.4(a)(2)(iv). A fish is 
counted against the quota for the area where it is caught when it is 
first sold.
    (1) Migratory groups of king mackerel--(i) Gulf migratory group. 
The quota for the Gulf migratory group of king mackerel is 2.50 million 
lb (1.13 million kg). The Gulf migratory group is divided into eastern 
and western zones separated by 87 deg.31'06'' W. long., which is a line 
directly south from the Alabama/Florida boundary. Quotas for the 
eastern and western zones are as follows:
    (A) Eastern zone--1.73 million lb (0.78 million kg), which is 
further divided into quotas as follows:
    (1) Florida east coast subzone--865,000 lb (392,357 kg).
    (2) Florida west coast subzone--865,000 lb (392,357 kg), which is 
further divided into quotas by gear types as follows:
    (i) 432,500 lb (196,179 kg) for vessels fishing with hook-and-line 
gear.
    (ii) 432,500 lb (196,179 kg) for vessels fishing with run-around 
gillnets.
    (3) The Florida east coast subzone is that part of the eastern zone 
north of 25 deg.20.4' N. lat., which is a line directly east from the 
Dade/Monroe County, FL, boundary, and the Florida west coast subzone is 
that part of the eastern zone south and west of 25 deg.20.4' N. lat.
    (B) Western zone--0.77 million lb (0.35 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of king mackerel is 2.70 million lb (1.22 million kg). No more 
than 0.4 million lb (0.18 million kg) may be harvested by purse seines.
    (2) Migratory groups of Spanish mackerel--(i) Gulf migratory group. 
The quota for the Gulf migratory group of Spanish mackerel is 4.90 
million lb (2.22 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of Spanish mackerel is 4.70 million lb (2.13 million kg).
    (d) Royal red shrimp in the Gulf. The quota for all persons who 
harvest royal red shrimp in the Gulf is 392,000 lb (177.8 mt), tail 
weight.
    (e) South Atlantic snapper-grouper, excluding wreckfish. The quotas 
apply to persons who are not subject to the bag limits. (See 
Sec. 622.39(a)(1) for applicability of the bag limits.)
    (1) Snowy grouper--344,508 lb (156,266 kg), gutted weight, that is, 
eviscerated but otherwise whole.
    (2) Golden tilefish--1,001,663 lb (454,347 kg), gutted weight, that 
is, eviscerated but otherwise whole.
    (f) Wreckfish. The quota for wreckfish applies to wreckfish 
shareholders, or their employees, contractors, or agents, and is 2 
million lb (907,185 kg), round weight. See Sec. 622.15 for information 
on the wreckfish shareholder under the ITQ system.


Sec. 622.43  Closures.

    (a) General. When a quota specified in Sec. 622.42 is reached, or 
is projected to be reached, the Assistant Administrator will file a 
notification to that effect with the Office of the Federal Register. On 
and after the effective date of such notification, for the remainder of 
the fishing year, the following closure restrictions apply:
    (1) Gulf reef fish. The bag and possession limits specified in 
Sec. 622.39(b) apply to all harvest in the Gulf EEZ of the indicated 
species, and the sale or purchase of the indicated species taken from 
the Gulf EEZ is prohibited.
    (2) Gulf and South Atlantic coral--(i) Allowable octocoral. 
Allowable octocoral may not be harvested or possessed in the Gulf or 
South Atlantic EEZ and the sale or purchase of allowable octocoral in 
or from the Gulf or South Atlantic EEZ is prohibited.
    (ii) Wild live rock in the Gulf. Wild live rock may not be 
harvested or possessed in the Gulf EEZ and the sale or purchase of wild 
live rock in or from the Gulf EEZ is prohibited.
    (3) King and Spanish mackerel. The closure provisions of this 
paragraph (a)(3) do not apply to Atlantic migratory group Spanish 
mackerel, which are managed under the commercial trip limits specified 
in Sec. 622.44(b) in lieu of the closure provisions of this section.
    (i) A person aboard a vessel for which a commercial permit for king 
and Spanish mackerel has been issued, as required under 
Sec. 622.4(a)(2)(iv), may not fish for king or Spanish mackerel in the 
EEZ or retain fish in or from the EEZ under a bag or possession limit 
specified in Sec. 622.39(c) for the closed species, migratory group, 
zone, subzone, or gear type, except as provided for under paragraph 
(a)(3)(ii) of this section.
    (ii) A person aboard a vessel for which the permit indicates both 
commercial king and Spanish mackerel and charter vessel/headboat for 
coastal migratory pelagic fish may continue to retain fish under a bag 
and possession limit specified in Sec. 622.39(c), provided the vessel 
is operating as a charter vessel or headboat.
    (iii) The sale or purchase of king or Spanish mackerel of the 
closed species, migratory group, zone, subzone, or gear type is 
prohibited, including such king or Spanish mackerel taken under the bag 
limits.
    (4) Royal red shrimp in the Gulf. Royal red shrimp in or from the 
Gulf EEZ may not be retained, and the sale or purchase of royal red 
shrimp taken from the Gulf EEZ is prohibited.
    (5) South Atlantic snapper-grouper, excluding wreckfish. There are 
no closure provisions for South Atlantic snapper grouper, other than 
for wreckfish. Golden tilefish and snowy grouper, for which there are 
quotas, are managed under the commercial trip limits specified in 
Sec. 622.44(a) in lieu of the closure provisions of this section.
    (6) Wreckfish. Wreckfish in or from the South Atlantic EEZ may not 
be retained, and the sale or purchase of wreckfish taken from the South 
Atlantic EEZ is prohibited.
    (b) Exception to prohibition on sale/purchase. (1) The prohibition 
on sale/purchase during a closure for Gulf reef fish, king and Spanish 
mackerel, royal red shrimp, or wreckfish in paragraph (a)(1), 
(a)(3)(iii), (a)(4), or (a)(6) of this section does not apply to the 
indicated

[[Page 34956]]

species that were harvested, landed ashore, and bartered, traded, or 
sold prior to the effective date of the closure and were held in cold 
storage by a dealer or processor.
    (2) The prohibition on sale/purchase during a closure for allowable 
octocoral or wild live rock in paragraph (a)(2)(i) or (a)(2)(ii) of 
this section does not apply to allowable octocoral or wild live rock 
that was harvested and landed ashore prior to the effective date of the 
closure.


Sec. 622.44  Commercial trip limits.

    Commercial trip limits are limits on the amount of the applicable 
species that may be possessed on board or landed, purchased, or sold 
from a vessel per day. A person who fishes in the EEZ may not combine a 
trip limit specified in this section with any trip or possession limit 
applicable to state waters. A species subject to a trip limit specified 
in this section taken in the EEZ may not be transferred at sea, 
regardless of where such transfer takes place, and such species may not 
be transferred in the EEZ. For fisheries governed by this part, 
commercial trip limits apply as follows:
    (a) King mackerel. Commercial trip limits are established for Gulf 
migratory group king mackerel in the eastern zone as follows. (See 
Sec. 622.42(c)(1)(i) for specification of the eastern zone and 
Sec. 622.42(c)(1)(i)(A)(3) for specifications of the subzones in the 
eastern zone.)
    (1) Florida east coast subzone. In the Florida east coast subzone, 
king mackerel in or from the EEZ may be possessed on board or landed 
from a vessel for which a commercial permit for king and Spanish 
mackerel has been issued, as required under Sec. 622.4(a)(2)(iv)--
    (i) From November 1, each fishing year, until 75 percent of the 
subzone's fishing year quota of king mackerel has been harvested--in 
amounts not exceeding 50 king mackerel per day.
    (ii) From the date that 75 percent of the subzone's fishing year 
quota of king mackerel has been harvested until a closure of the 
Florida east coast subzone has been effected under Sec. 622.43(a)--in 
amounts not exceeding 25 king mackerel per day. However, if 75 percent 
of the subzone's quota has not been harvested by March 1, the vessel 
limit remains at 50 king mackerel per day until the subzone's quota is 
filled or until March 31, whichever occurs first.
    (2) Florida west coast subzone--(i) Gillnet gear. (A) In the 
Florida west coast subzone, king mackerel in or from the EEZ may be 
possessed on board or landed from a vessel for which a commercial 
permit with a gillnet endorsement has been issued, as required under 
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure 
of the Florida west coast subzone's fishery for vessels fishing with 
run-around gillnets has been effected under Sec. 622.43(a)--in amounts 
not exceeding 25,000 lb (11,340 kg) per day.
    (B) In the Florida west coast subzone:
    (1) King mackerel in or from the EEZ may be possessed on board or 
landed from a vessel that uses or has on board a run-around gillnet on 
a trip only when such vessel has on board a commercial permit for king 
and Spanish mackerel with a gillnet endorsement.
    (2) King mackerel from the west coast subzone landed by a vessel 
for which such commercial permit with endorsement has been issued will 
be counted against the run-around gillnet quota of 
Sec. 622.42(c)(1)(i)(A)(2)(ii).
    (3) King mackerel in or from the EEZ harvested with gear other than 
run-around gillnet may not be retained on board a vessel for which such 
commercial permit with endorsement has been issued.
    (ii) Hook-and-line gear. In the Florida west coast subzone, king 
mackerel in or from the EEZ may be possessed on board or landed from a 
vessel with a commercial permit for king and Spanish mackerel, as 
required by Sec. 622.4(a)(2)(iv), and operating under the hook-and-line 
gear quota in Sec. 622.42(c)(1)(i)(A)(2)(i):
    (A) From July 1, each fishing year, until 75 percent of the 
subzone's hook-and-line gear quota has been harvested--in amounts not 
exceeding 125 king mackerel per day.
    (B) From the date that 75 percent of the subzone's hook-and-line 
gear quota has been harvested until a closure of the west coast 
subzone's hook-and-line fishery has been effected under 
Sec. 622.43(a)--in amounts not exceeding 50 king mackerel per day.
    (3) Notice of trip limit changes. The Assistant Administrator, by 
filing a notification of trip limit change with the Office of the 
Federal Register, will effect the trip limit changes specified in 
paragraphs (a)(1) and (a)(2)(ii) of this section when the requisite 
harvest level has been reached or is projected to be reached.
    (b) Spanish mackerel. (1) Commercial trip limits are established 
for Atlantic migratory group Spanish mackerel as follows:
    (i) North of 30 deg.42'45.6'' N. lat., which is a line directly 
east from the Georgia/Florida boundary, Spanish mackerel in or from the 
EEZ may not be possessed on board or landed in a day from a vessel for 
which a permit for king and Spanish mackerel has been issued, as 
required under Sec. 622.4(a)(2)(iv), in amounts exceeding 3,500 lb 
(1,588 kg).
    (ii) South of 30 deg.42'45.6'' N. lat., Spanish mackerel in or from 
the EEZ may not be possessed on board or landed in a day from a vessel 
for which a permit for king and Spanish mackerel has been issued, as 
required under Sec. 622.4(a)(2)(iv)--
    (A) From April 1 through November 30, in amounts exceeding 1,500 lb 
(680 kg).
    (B) From December 1 until 75 percent of the adjusted quota is 
taken, in amounts as follows:
    (1) Mondays, Wednesdays, and Fridays--unlimited.
    (2) Tuesdays and Thursdays--not exceeding 1,500 lb (680 kg).
    (3) Saturdays and Sundays--not exceeding 500 lb (227 kg).
    (C) After 75 percent of the adjusted quota is taken until 100 
percent of the adjusted quota is taken, in amounts not exceeding 1,000 
lb (454 kg).
    (D) After 100 percent of the adjusted quota is taken through the 
end of the fishing year, in amounts not exceeding 500 lb (227 kg).
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota is 4.45 million lb (2.02 million kg). The adjusted quota 
is the quota for Atlantic migratory group Spanish mackerel reduced by 
an amount calculated to allow continued harvests of Atlantic migratory 
group Spanish mackerel at the rate of 500 lb (227 kg) per vessel per 
day for the remainder of the fishing year after the adjusted quota is 
reached. By filing a notification with the Office of the Federal 
Register, the Assistant Administrator will announce when 75 percent and 
100 percent of the adjusted quota is reached or is projected to be 
reached.
    (3) For the purpose of paragraph (b)(1)(ii) of this section, a day 
starts at 6 a.m., local time, and extends for 24 hours. If a vessel 
terminates a trip prior to 6 a.m., but retains Spanish mackerel on 
board after that time, the Spanish mackerel retained on board will not 
be considered in possession during the succeeding day, provided the 
vessel is not underway between 6 a.m. and the time such Spanish 
mackerel are unloaded, and provided such Spanish mackerel are unloaded 
prior to 6 p.m.
    (c) Golden tilefish and snowy grouper. A person who fishes in the 
South Atlantic EEZ on a trip and who is not subject to the bag limits 
may not exceed the following trip limits. (See Sec. 622.39(a) for 
applicability of the bag limits.)
    (1) Golden tilefish (round weight or gutted weight, that is, 
eviscerated but otherwise whole):

[[Page 34957]]

    (i) Until the fishing year quota specified in Sec. 622.42(e)(2) is 
reached, 5,000 lb (2,268 kg).
    (ii) After the fishing year quota specified in Sec. 622.42(e)(2) is 
reached, 300 lb (136 kg).
    (2) Snowy grouper (round weight or gutted weight, that is, 
eviscerated but otherwise whole):
    (i) Until the fishing year quota specified in Sec. 622.42(e)(1) is 
reached, 2,500 lb (1,134 kg).
    (ii) After the fishing year quota specified in Sec. 622.42(e)(1) is 
reached, 300 lb (136 kg).
    (d) Gulf wild live rock. Until the quota for wild live rock from 
the Gulf EEZ is reached in 1996, a daily vessel limit of twenty-five 5-
gallon (19-L) buckets, or volume equivalent (16.88 ft\3\ (478.0 L)), 
applies to the harvest or possession of wild live rock in or from the 
Gulf EEZ, regardless of the number or duration of trips.


Sec. 622.45  Restrictions on sale/purchase.

    In addition to restrictions on sale/purchase related to closures, 
as specified in Sec. 622.43 (a) and (b), restrictions on sale and/or 
purchase apply as follows.
    (a) Caribbean coral reef resource. (1) No person may sell or 
purchase a Caribbean prohibited coral harvested in the Caribbean EEZ.
    (2) A Caribbean prohibited coral that is sold in Puerto Rico or the 
U.S. Virgin Islands will be presumed to have been harvested in the 
Caribbean EEZ, unless it is accompanied by documentation showing that 
it was harvested elsewhere. Such documentation must contain:
    (i) The information specified in subpart K of part 300 of this 
title for marking containers or packages of fish or wildlife that are 
imported, exported, or transported in interstate commerce.
    (ii) The name and home port of the vessel, or the name and address 
of the individual, harvesting the Caribbean prohibited coral.
    (iii) The port and date of landing the Caribbean prohibited coral.
    (iv) A statement signed by the person selling the Caribbean 
prohibited coral attesting that, to the best of his or her knowledge, 
information, and belief, such Caribbean prohibited coral was harvested 
other than in the Caribbean EEZ or the waters of Puerto Rico or the 
U.S. Virgin Islands.
    (b) Caribbean reef fish. A live red hind or live mutton snapper in 
or from the Caribbean EEZ may not be sold or purchased and used in the 
marine aquarium trade.
    (c) Gulf reef fish. (1) A Gulf reef fish harvested in the EEZ on 
board a vessel that does not have a valid commercial permit for Gulf 
reef fish, as required under Sec. 622.4(a)(2)(v), or a Gulf reef fish 
possessed under the bag limits specified in Sec. 622.39(b), may not be 
sold or purchased.
    (2) A Gulf reef fish harvested on board a vessel that has a valid 
commercial permit for Gulf reef fish may be sold only to a dealer who 
has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4).
    (3) A Gulf reef fish harvested in the EEZ may be purchased by a 
dealer who has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4), only from a vessel that has a valid commercial permit 
for Gulf reef fish.
    (d) South Atlantic snapper-grouper. (1) A person may sell South 
Atlantic snapper-grouper harvested in the EEZ only to a dealer who has 
a valid permit for South Atlantic snapper-grouper, as required under 
Sec. 622.4(a)(4).
    (2) A person may purchase South Atlantic snapper-grouper harvested 
in the EEZ only from a vessel that has a valid commercial permit for 
South Atlantic snapper-grouper, as required under Sec. 622.4(a)(2)(iv), 
or from a person who has a valid commercial license to sell fish in the 
state where the purchase occurs.
    (3) Except for the sale or purchase of South Atlantic snapper-
grouper harvested by a vessel that has a valid commercial permit for 
South Atlantic snapper-grouper, the sale or purchase of such fish is 
limited to the bag limits specified in Sec. 622.39(d)(1).
    (4) A warsaw grouper or speckled hind in or from the South Atlantic 
EEZ may not be sold or purchased.
    (e) South Atlantic wild live rock. Wild live rock in or from the 
South Atlantic EEZ may not be sold or purchased. The prohibition on 
sale or purchase does not apply to wild live rock that was harvested 
and landed prior to January 1, 1996.


Sec. 622.46  Prevention of gear conflicts.

    (a) No person may knowingly place in the Gulf EEZ any article, 
including fishing gear, that interferes with fishing or obstructs or 
damages fishing gear or the fishing vessel of another; or knowingly use 
fishing gear in such a fashion that it obstructs or damages the fishing 
gear or fishing vessel of another.
    (b) In accordance with the procedures and restrictions of the FMP 
for the Shrimp Fishery of the Gulf of Mexico, the RD may modify or 
establish separation zones for shrimp trawling and the use of fixed 
gear to prevent gear conflicts. Necessary prohibitions or restrictions 
will be published in the Federal Register.
    (c) In accordance with the procedures and restrictions of the FMP 
for Coastal Migratory Pelagic Resources, when the RD determines that a 
conflict exists in the king mackerel fishery between hook-and-line and 
gillnet fishermen in the South Atlantic EEZ off the east coast of 
Florida between 27 deg.00.6' N. lat. and 27 deg.50.0' N. lat., the RD 
may prohibit or restrict the use of hook-and-line and/or gillnets in 
all or a portion of that area. Necessary prohibitions or restrictions 
will be published in the Federal Register.


Sec. 622.47  Gulf groundfish trawl fishery.

    Gulf groundfish trawl fishery means fishing in the Gulf EEZ by a 
vessel that uses a bottom trawl, the unsorted catch of which is ground 
up for animal feed or industrial products.
    (a) Other provisions of this part notwithstanding, the owner or 
operator of a vessel in the Gulf groundfish trawl fishery is exempt 
from the following requirements and limitations for the vessel's 
unsorted catch of Gulf reef fish:
    (1) The requirement for a valid commercial vessel permit for Gulf 
reef fish in order to sell Gulf reef fish.
    (2) Minimum size limits for Gulf reef fish.
    (3) Bag limits for Gulf reef fish.
    (4) The prohibition on sale of Gulf reef fish after a quota 
closure.
    (b) Other provisions of this part notwithstanding, a dealer in a 
Gulf state is exempt from the requirement for a dealer permit for Gulf 
reef fish to receive Gulf reef fish harvested from the Gulf EEZ by a 
vessel in the Gulf groundfish trawl fishery.


Sec. 622.48  Adjustment of management measures.

    In accordance with the framework procedures of the applicable FMPs, 
the RD may establish or modify the following management measures:
    (a) Caribbean coral reef resources. Species for which management 
measures may be specified; prohibited species; harvest limitations, 
including quotas, trip, or daily landing limits; gear restrictions; 
closed seasons or areas; and marine conservation districts.
    (b) Caribbean reef fish. Size limits, closed seasons or areas, fish 
trap mesh size, and the threshold level for overfishing.
    (c) Coastal migratory pelagic fish. For cobia or for migratory 
groups of king or Spanish mackerel: MSY, TAC, quotas, bag limits, size 
limits, vessel trip limits, closed seasons or areas, gear restrictions, 
and initial permit requirements.
    (d) Gulf reef fish. (1) For species or species groups: Target dates 
for

[[Page 34958]]

rebuilding overfished species, TAC, bag limits, size limits, vessel 
trip limits, closed seasons or areas, gear restrictions, and quotas.
    (2) SMZs and the gear restrictions applicable in each.
    (e) Gulf royal red shrimp. MSY, OY, and TAC.
    (f) South Atlantic snapper-grouper and wreckfish. For species or 
species groups: Target dates for rebuilding overfished species, MSY, 
ABC, TAC, quotas, trip limits, bag limits, minimum sizes, gear 
restrictions (ranging from regulation to complete prohibition), and 
seasonal or area closures.

Appendix A to Part 622--Species Tables

Table 1 of Appendix A to Part 622--Caribbean Coral Reef Resources

I. Sponges--Phylum Porifera
    A. Demosponges--Class Demospongiae
    Aphimedon compressa, Erect rope sponge
    Chondrilla nucula, Chicken liver sponge
    Cynachirella alloclada
    Geodia neptuni, Potato sponge
    Haliclona sp., Finger sponge
    Myriastra sp.
    Niphates digitalis, Pink vase sponge
    N. erecta, Lavender rope sponge
    Spinosella policifera
    S. vaginalis
    Tethya crypta
II. Coelenterates--Phylum Coelenterata
    A. Hydrocorals--Class Hydrozoa
    1. Hydroids--Order Athecatae
    Family Milleporidae
    Millepora spp., Fire corals
    Family Stylasteridae
    Stylaster roseus, Rose lace corals
    B. Anthozoans--Class Anthozoa
    1. Soft corals--Order Alcyonacea
    Family Anthothelidae
    Erythropodium caribaeorum, Encrusting gorgonian
    Iciligorgia schrammi, Deepwater sea fan
    Family Briaridae
    Briareum asbestinum, Corky sea finger
    Family Clavulariidae
    Carijoa riisei
    Telesto spp.
    2. Gorgonian corals--Order Gorgonacea
    Family Ellisellidae
    Ellisella spp., Sea whips
    Family Gorgoniidae
    Gorgonia flabellum, Venus sea fan
    G. mariae, Wide-mesh sea fan
    G. ventalina, Common sea fan
    Pseudopterogorgia acerosa, Sea plume
    P. albatrossae
    P. americana, Slimy sea plume
    P. bipinnata, Bipinnate plume
    P. rigida
    Pterogorgia anceps, Angular sea whip
    P. citrina, Yellow sea whip
    Family Plexauridae
    Eunicea calyculata, Warty sea rod
    E. clavigera
    E. fusca, Doughnut sea rod
    E. knighti
    E. laciniata
    E. laxispica
    E. mammosa, Swollen-knob
    E. succinea, Shelf-knob sea rod
    E. touneforti
    Muricea atlantica
    M. elongata, Orange spiny rod
    M. laxa, Delicate spiny rod
    M. muricata, Spiny sea fan
    M. pinnata, Long spine sea fan
    Muriceopsis sp.
    M. flavida, Rough sea plume
    M. sulphurea
    Plexaura flexuosa, Bent sea rod
    P. homomalla, Black sea rod
    Plexaurella dichotoma, Slit-pore sea rod
    P. fusifera
    P. grandiflora
    P. grisea
    P. nutans, Giant slit-pore
    Pseudoplexaura crucis
    P. flagellosa
    P. porosa, Porous sea rod
    P. wagenaari
    3. Hard Corals--Order Scleractinia
    Family Acroporidae
    Acropora cervicornis, Staghorn coral
    A. palmata, Elkhorn coral
    A. prolifera, Fused staghorn
    Family Agaricidae
    Agaricia agaricities, Lettuce leaf coral
    A. fragilis, Fragile saucer
    A. lamarcki, Lamarck's sheet
    A. tenuifolia, Thin leaf lettuce
    Leptoseris cucullata, Sunray lettuce
    Family Astrocoeniidae
    Stephanocoenia michelinii, Blushing star
    Family Caryophyllidae
    Eusmilia fastigiata, Flower coral
    Tubastrea aurea, Cup coral
    Family Faviidae
    Cladocora arbuscula, Tube coral
    Colpophyllia natans, Boulder coral
    Diploria clivosa, Knobby brain coral
    D. labyrinthiformis, Grooved brain
    D. strigosa, Symmetrical brain
    Favia fragum, Golfball coral
    Manicina areolata, Rose coral
    M. mayori, Tortugas rose coral
    Montastrea annularis, Boulder star coral
    M. cavernosa, Great star coral
    Solenastrea bournoni, Smooth star coral
    Family Meandrinidae
    Dendrogyra cylindrus, Pillar coral
    Dichocoenia stellaris, Pancake star
    D. stokesi, Elliptical star
    Meandrina meandrites, Maze coral
    Family Mussidae
    Isophyllastrea rigida, Rough star coral
    Isophyllia sinuosa, Sinuous cactus
    Mussa angulosa, Large flower coral
    Mycetophyllia aliciae, Thin fungus coral
    M. danae, Fat fungus coral
    M. ferox, Grooved fungus
    M. lamarckiana, Fungus coral
    Scolymia cubensis, Artichoke coral
    S. lacera, Solitary disk
    Family Oculinidae
    Oculina diffusa, Ivory bush coral
    Family Pocilloporidae
    Madracis decactis, Ten-ray star coral
    M. mirabilis, Yellow pencil
    Family Poritidae
    Porites astreoides, Mustard hill coral
    P. branneri, Blue crust coral
    P. divaricata, Small finger coral
    P. porites, Finger coral
    Family Rhizangiidae
    Astrangia solitaria, Dwarf cup coral
    Phyllangia americana, Hidden cup coral
    Family Siderastreidae
    Siderastrea radians, Lesser starlet
    S. siderea, Massive starlet
    4. Black Corals--Order Antipatharia
    Antipathes spp., Bushy black coral
    Stichopathes spp., Wire coral
    5. Anemones--Order Actiniaria
    Aiptasia tagetes, Pale anemone
    Bartholomea annulata, Corkscrew anemone
    Condylactis gigantea, Giant pink-tipped anemone
    Hereractis lucida, Knobby anemone
    Lebrunia spp., Staghorn anemone
    Stichodactyla helianthus, Sun anemone
    6. Colonial Anemones--Order Zoanthidea
    Zoanthus spp., Sea mat
    7. False Corals--Order Corallimorpharia
    Discosoma spp. (formerly Rhodactis), False coral
    Ricordia florida, Florida false coral
III. Annelid Worms--Phylum Annelida
    A. Polychaetes--Class Polychaeta
    Family Sabellidae, Feather duster worms
    Sabellastarte spp., Tube worms
    S. magnifica, Magnificent duster
    Family Serpulidae
    Spirobranchus giganteus, Christmas tree worm
IV. Mollusks--Phylum Mollusca
    A. Gastropods--Class Gastropoda
    Family Elysiidae
    Tridachia crispata, Lettuce sea slug
    Family Olividae
    Oliva reticularis, Netted olive
    Family Ovulidae
    Cyphoma gibbosum, Flamingo tongue
    Family Ranellidae
    Charonia tritonis, Atlantic triton trumpet
    Family Strombidae, Winged conchs
    Strombus spp. (except Queen conch, S. gigas)
    B. Bivalves--Class Bivalvia
    Family Limidae
    Lima spp., Fileclams
    L. scabra, Rough fileclam
    Family Spondylidae
    Spondylus americanus, Atlantic thorny oyster
    C. Cephalopods--Class Cephalopoda
    1. Octopuses--Order Octopoda
    Family Octopodidae
    Octopus spp. (except the Common octopus, O. vulgaris)
V. Arthropods--Phylum Arthropoda
    A. Crustaceans--Subphylum Crustacea
    1. Decapods--Order Decapoda
    Family Alpheidae
    Alpheaus armatus, Snapping shrimp
    Family Diogenidae
    Paguristes spp., Hermit crabs
    P. cadenati, Red reef hermit
    Family Grapsidae
    Percnon gibbesi, Nimble spray crab
    Family Hippolytidae
    Lysmata spp., Peppermint shrimp
    Thor amboinensis, Anemone shrimp
    Family Majidae, Coral crabs
    Mithrax spp., Clinging crabs
    M. cinctimanus, Banded clinging
    M. sculptus, Green clinging
    Stenorhynchus seticornis, Yellowline arrow
    Family Palaemonida
    Periclimenes spp., Cleaner shrimp

[[Page 34959]]

    Family Squillidae, Mantis crabs
    Gonodactylus spp.
    Lysiosquilla spp.
    Family Stenopodidae, Coral shrimp
    Stenopus hispidus, Banded shrimp
    S. scutellatus, Golden shrimp
VI. Bryozoans--Phylum Bryozoa
VII. Echinoderms--Phylum Echinodermata
    A. Feather stars--Class Crinoidea
    Analcidometra armata, Swimming crinoid
    Davidaster spp., Crinoids
    Nemaster spp., Crinoids
    B. Sea stars--Class Asteroidea
    Astropecten spp., Sand stars
    Linckia guildingii, Common comet star
    Ophidiaster guildingii, Comet star
    Oreaster reticulatus, Cushion sea star
    C. Brittle and basket stars--Class Ophiuroidea
    Astrophyton muricatum, Giant basket star
    Ophiocoma spp., Brittlestars
    Ophioderma spp., Brittlestars
    O. rubicundum, Ruby brittlestar
    D. Sea Urchins--Class Echinoidea
    Diadema antillarum, Long-spined urchin
    Echinometra spp., Purple urchin
    Eucidaris tribuloides, Pencil urchin
    Lytechinus spp., Pin cushion urchin
    Tripneustes ventricosus, Sea egg
    E. Sea Cucumbers--Class Holothuroidea
    Holothuria spp., Sea cucumbers
VIII. Chordates--Phylum Chordata
    A. Tunicates--Subphylum Urochordata
IX. Green Algae--Phylum Chlorophyta
    Caulerpa spp., Green grape algae
    Halimeda spp., Watercress algae
    Penicillus spp., Neptune's brush
    Udotea spp., Mermaid's fan
    Ventricaria ventricosa, Sea pearls
X. Red Algae--Phylum Rhodophyta
XI. Sea grasses--Phylum Angiospermae
    Halodule wrightii, Shoal grass
    Halophila spp., Sea vines
    Ruppia maritima, Widgeon grass
    Syringodium filiforme, Manatee grass
    Thalassia testudium, Turtle grass

Table 2 of Appendix A to Part 622--Caribbean Reef Fish

Acanthuridae--Surgeonfishes
    Ocean surgeonfish, Acanthurus bahianus
    Doctorfish, Acanthurus chirurgus
    Blue tang, Acanthurus coeruleus
Antennariidae--Frogfishes
    Frogfish, Antennarius spp.
Apogonidae--Cardinalfishes
    Flamefish, Apogon maculatus
    Conchfish, Astrapogen stellatus
Aulostomidae--Trumpetfishes 
    Trumpetfish, Aulostomus maculatus
    Balistidae--Leatherjackets
    Scrawled filefish, Aluterus scriptus
    Queen triggerfish, Balistes vetula
    Whitespotted filefish, Cantherhines macrocerus
    Ocean triggerfish, Canthidermis sufflamen
    Black durgon, Melichthys niger
    Sargassum triggerfish, Xanthichthys rigens
Blenniidae--Combtooth blennies
    Redlip blenny, Ophioblennius atlanticus
Bothidae--Lefteye flounders
    Peacock flounder, Bothus lunatus
Carangidae--Jacks
    Yellow jack, Caranx bartholomaei
    Blue runner, Caranx crysos
    Horse-eye jack, Caranx latus
    Black jack, Caranx lugubris
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Almaco jack, Seriola rivoliana
Chaetodontidae--Butterflyfishes
    Longsnout butterflyfish, Chaetodon aculeatus
    Foureye butterflyfish, Chaetodon capistratus
    Spotfin butterflyfish, Chaetodon ocellatus
    Banded butterflyfish, Chaetodon striatus
Cirrhitidae--Hawkfishes
    Redspotted hawkfish, Amblycirrhitus pinos
Dactylopteridae--Flying gurnards
    Flying gurnard, Dactylopterus volitans
Ephippidae--Spadefishes
    Atlantic spadefish, Chaetodipterus faber
Gobiidae--Gobies
    Neon goby, Gobiosoma oceanops
    Rusty goby, Priolepis hipoliti
Grammatidae--Basslets
    Royal gramma, Gramma loreto
Haemulidae--Grunts
    Porkfish, Anisotremus virginicus
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    French grunt, Haemulon flavolineatum
    White grunt, Haemulon plumieri
    Bluestriped grunt, Haemulon sciurus
Holocentridae--Squirrelfishes
    Squirrelfish, Holocentrus adscensionis
    Longspine squirrelfish, Holocentrus rufus
    Blackbar soldierfish, Myripristis jacobus
    Cardinal soldierfish, Plectrypops retrospinis
Labridae--Wrasses
    Spanish hogfish, Bodianus rufus
    Creole wrasse, Clepticus parrae
    Yellowcheek wrasse, Halichoeres cyanocephalus
    Yellowhead wrasse, Halichoeres garnoti
    Clown wrasse, Halichoeres maculipinna
    Puddingwife, Halichoeres radiatus
    Pearly razorfish, Hemipteronotus novacula
    Green razorfish, Hemipteronotus splendens
    Hogfish, Lachnolaimus maximus
    Bluehead wrasse, Thalassoma bifasciatum
Lutjanidae--Snappers
    Black snapper, Apsilus dentatus
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Gray snapper, Lutjanus griseus
    Dog snapper, Lutjanus jocu
    Mahogany snapper, Lutjanus mahogani
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Wenchman, Pristipomoides aquilonaris
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Blackline tilefish, Caulolatilus cyanops
    Sand tilefish, Malacanthus plumieri
Mullidae--Goatfishes
    Yellow goatfish, Mulloidichthys martinicus
    Spotted goatfish, Pseudupeneus maculatus
Muraenidae--Morays
    Chain moray, Echidna catenata
    Green moray, Gymnothorax funebris
    Goldentail moray, Gymnothorax miliaris
Ogcocephalidae--Batfishes
    Batfish, Ogcocepahalus spp.
Ophichthidae--Snake eels
    Goldspotted eel, Myrichthys ocellatus
Opistognathidae--Jawfishes
    Yellowhead jawfish, Opistognathus aurifrons
    Dusky jawfish, Opistognathus whitehursti
Ostraciidae--Boxfishes
    Spotted trunkfish, Lactophrys bicaudalis
    Honeycomb cowfish, Lactophrys polygonia
    Scrawled cowfish, Lactophrys quadricornis
    Trunkfish, Lactophrys trigonus
    Smooth trunkfish, Lactophrys triqueter
Pomacanthidae--Angelfishes
    Cherubfish, Centropyge argi
    Queen angelfish, Holacanthus ciliaris
    Rock beauty, Holacanthus tricolor
    Gray angelfish, Pomacanthus arcuatus
    French angelfish, Pomacanthus paru
Pomacentridae--Damselfishes
    Sergeant major, Abudefduf saxatilis
    Blue chromis, Chromis cyanea
    Sunshinefish, Chromis insolata
    Yellowtail damselfish, Microspathodon chrysurus
    Dusky damselfish, Pomacentrus fuscus
    Beaugregory, Pomacentrus leucostictus
    Bicolor damselfish, Pomacentrus partitus
    Threespot damselfish, Pomacentrus planifrons
Priacanthidae--Bigeyes
    Bigeye, Priacanthus arenatus
    Glasseye snapper, Priacanthus cruentatus
Scaridae--Parrotfishes
    Midnight parrotfish, Scarus coelestinus
    Blue parrotfish, Scarus coeruleus
    Striped parrotfish, Scarus croicensis
    Rainbow parrotfish, Scarus guacamaia
    Princess parrotfish, Scarus taeniopterus
    Queen parrotfish, Scarus vetula
    Redband parrotfish, Sparisoma aurofrenatum
    Redtail parrotfish, Sparisoma chrysopterum
    Redfin parrotfish, Sparisoma rubripinne
    Stoplight parrotfish, Sparisoma viride
Sciaenidae--Drums
    High-hat, Equetus acuminatus
    Jackknife-fish, Equetus lanceolatus
    Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
Serranidae--Sea basses
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Yellowedge grouper, Epinephelus flavolimbatus
    Coney, Epinephelus fulvus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Nassau Grouper, Epinephelus striatus
    Butter hamlet, Hypoplectrus unicolor
    Swissguard basslet, Liopropoma rubre
    Yellowfin grouper, Mycteroperca venenosa
    Tiger grouper, Mycteroperca tigris
    Creole-fish, Paranthias furcifer
    Greater soapfish, Rypticus saponaceus
    Orangeback bass, Serranus annularis
    Lantern bass, Serranus baldwini
    Tobaccofish, Serranus tabacarius
    Harlequin bass, Serranus tigrinus
    Chalk bass, Serranus tortugarum
Soleidae--Soles
    Caribbean tonguefish, Symphurus arawak
Sparidae--Porgies
    Sea bream, Archosargus rhomboidalis
    Jolthead porgy, Calamus bajonado
    Sheepshead porgy, Calamus penna
    Pluma, Calamus pennatula
Syngnathidae--Pipefishes

[[Page 34960]]

    Seahorses, Hippocampus spp.
    Pipefishes, Syngnathus spp.
Synodontidae--Lizardfishes
    Sand diver, Synodus intermedius
Tetraodontidae--Puffers
    Sharpnose puffer, Canthigaster rostrata
    Porcupinefish, Diodon hystrix

Table 3 of Appendix A to Part 622--Gulf Reef Fish

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
    Queen triggerfish, Balistes vetula
Carangidae--Jacks
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Haemulidae--Grunts
    Tomtate, Haemulon aurolineatum
    White grunt, Haemulon plumieri
    Pigfish, Orthopristis chrysoptera
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray (mangrove) snapper, Lutjanus griseus
    Dog snapper, Lutjanus jocu
    Mahogany snapper, Lutjanus mahogoni
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Wenchman, Pristipomoides aquilonaris
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Goldface tilefish, Caulolatilus chrysops
    Blackline tilefish, Caulolatilus cyanops
    Anchor tilefish, Caulolatilus intermedius
    Blueline tilefish, Caulolatilus microps
    Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Sea Basses and Groupers
    Bank sea bass, Centropristis ocyurus
    Rock sea bass, Centropristis philadelphica
    Black sea bass, Centropristis striata
    Dwarf sand perch, Diplectrum bivittatum
    Sand perch, Diplectrum formosum
    Rock hind, Epinephelus adscensionis
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Warsaw grouper, Epinephelus nigritus
    Snowy grouper, Epinephelus niveatus
    Nassau grouper, Epinephelus striatus
    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Yellowfin grouper, Mycteroperca venenosa
Sparidae--Porgies
    Grass porgy, Calamus arctifrons
    Jolthead porgy, Calamus bajonado
    Knobbed porgy, Calamus nodosus
    Littlehead porgy, Calamus proridens
    Pinfish, Lagodon rhomboides
    Red porgy, Pagrus

Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
    Queen triggerfish, Balistes vetula
    Ocean triggerfish, Canthidermis sufflamen
Carangidae--Jacks
    Yellow jack, Caranx bartholomaei
    Blue runner, Caranx crysos
    Crevalle jack, Caranx hippos
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
    Spadefish, Chaetodipterus faber
Haemulidae--Grunts
    Black margate, Anisotremus surinamensis
    Porkfish, Anisotremus virginicus
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    Smallmouth grunt, Haemulon chrysargyreum
    French grunt, Haemulon flavolineatum
    Spanish grunt, Haemulon macrostomum
    Cottonwick, Haemulon melanurum
    Sailors choice, Haemulon parrai
    White grunt, Haemulon plumieri
    Blue stripe grunt, Haemulon sciurus
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
    Puddingwife, Halichoeres radiatus
Lutjanidae--Snappers
    Black snapper, Apsilus dentatus
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray snapper, Lutjanus griseus
    Mahogany snapper, Lutjanus mahogoni
    Dog snapper, Lutjanus jocu
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Blueline tilefish, Caulolatilus microps
    Golden tilefish, Lopholatilus chamaeleonticeps
    Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
    Wreckfish, Polyprion americanus
Serranidae--Sea Basses and Groupers
    Bank sea bass, Centropristis ocyurus
    Rock sea bass, Centropristis philadelphica
    Black sea bass, Centropristis striata
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Coney, Epinephelus fulvus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Warsaw grouper, Epinephelus nigritus
    Snowy grouper, Epinephelus niveatus
    Nassau grouper, Epinephelus striatus
    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Tiger grouper, Mycteroperca tigris
    Yellowfin grouper, Mycteroperca venenosa
Sparidae--Porgies
    Sheepshead, Archosargus probatocephalus
    Grass porgy, Calamus arctifrons
    Jolthead porgy, Calamus bajonado
    Saucereye porgy, Calamus
    Whitebone porgy, Calamus leucosteus
    Knobbed porgy, Calamus nodosus
    Red porgy, Pagrus
    Longspine porgy, Stenotomus caprinus
    Scup, Stenotomus chrysops

Appendix B to Part 622--Gulf Areas

 Table 1 of Appendix B to Part 622.--Seaward Coordinates of the Longline
                      and Buoy Gear Restricted Area                     
------------------------------------------------------------------------
 Point No. and reference location                                       
                \1\                     North lat.         West long.   
------------------------------------------------------------------------
 1  Seaward limit of Florida's                                          
 waters north of Dry Tortugas.....       24 deg.48.0'       82 deg.48.0'
 2  North of Rebecca Shoal........       25 deg.07.5'       82 deg.34.0'
 3  Off Sanibel Island--Offshore..       26 deg.26.0'       82 deg.59.0'
 4  West of Egmont Key............       27 deg.30.0'       83 deg.21.5'
 5  Off Anclote Keys--Offshore....       28 deg.10.0'       83 deg.45.0'
 6  Southeast corner of Florida                                         
 Middle Ground....................       28 deg.11.0'       84 deg.00.0'
 7  Southwest corner of Florida                                         
 Middle Ground....................       28 deg.11.0'       84 deg.07.0'
 8  West corner of Florida Middle                                       
 Ground...........................       28 deg.26.6'       84 deg.24.8'
 9  Northwest corner of Florida                                         
 Middle Ground....................       28 deg.42.5'       84 deg.24.8'
10  South of Carrabelle...........       29 deg.05.0'       84 deg.47.0'
11  South of Cape St. George......       29 deg.02.5'       85 deg.09.0'
12  South of Cape San Blas lighted                                      
 bell buoy--20 fathoms............       29 deg.21.0'       85 deg.30.0'

[[Page 34961]]

                                                                        
13  South of Cape San Blas lighted                                      
 bell buoy--50 fathoms............       28 deg.58.7'       85 deg.30.0'
14  De Soto Canyon................       30 deg.06.0'       86 deg.55.0'
15  South of Pensacola............       29 deg.46.0'       87 deg.19.0'
16  South of Perdido Bay..........       29 deg.29.0'       87 deg.27.5'
17  East of North Pass of the                                           
 Mississippi River................       29 deg.14.5'       88 deg.28.0'
18  South of Southwest Pass of the                                      
 Mississippi River................       28 deg.46.5'       89 deg.26.0'
19  Northwest tip of Mississippi                                        
 Canyon...........................       28 deg.38.5'       90 deg.08.5'
20  West side of Mississippi                                            
 Canyon...........................       28 deg.34.5'       89 deg.59.5'
21  South of Timbalier Bay........       28 deg.22.5'       90 deg.02.5'
22  South of Terrebonne Bay.......       28 deg.10.5'       90 deg.31.5'
23  South of Freeport.............       27 deg.58.0'       95 deg.00.0'
24  Off Matagorda Island..........       27 deg.43.0'       96 deg.02.0'
25  Off Aransas Pass..............       27 deg.30.0'       96 deg.23.5'
26  Northeast of Port Mansfield...       27 deg.00.0'       96 deg.39.0'
27  East of Port Mansfield........       26 deg.44.0'       96 deg.37.5'
28  Northeast of Port Isabel......       26 deg.22.0'       96 deg.21.0'
29  U.S./Mexico EEZ boundary......       26 deg.00.5'      96 deg.24.5' 
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of  
 Texas' waters.                                                         
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or       
  submarine area.                                                       



 Table 2 of Appendix B to Part 622.--Seaward Coordinates of the Stressed
                                  Area                                  
------------------------------------------------------------------------
 Point No. and reference location                                       
                \1\                     North lat.         West long.   
------------------------------------------------------------------------
1  Seaward limit of Florida's                                           
 waters northeast of Dry Tortugas.       24 deg.45.5'       82 deg.41.5'
2  North of Marquesas Keys........       24 deg.48.0'       82 deg.06.5'
3  Off Cape Sable.................       25 deg.15.0'       82 deg.02.0'
4  Off Sanibel Island--Inshore....       26 deg.26.0'       82 deg.29.0'
5  Off Sanibel Island--Offshore...       26 deg.26.0'       82 deg.59.0'
6  West of Egmont Key.............       27 deg.30.0'       83 deg.21.5'
7  Off Anclote Keys--Offshore.....       28 deg.10.0'       83 deg.45.0'
8  Off Anclote Keys--Inshore......       28 deg.10.0'       83 deg.14.0'
9  Off Deadman Bay................       29 deg.38.0'       84 deg.00.0'
10  Seaward limit of Florida's                                          
 waters east of Cape St. George...       29 deg.35.5'       84 deg.38.6'
Thence westerly along the seaward                                       
 limit of Florida's waters to:                                          
11  Seaward limit of Florida's                                          
 waters south of Cape San Blas....       29 deg.32.2'       85 deg.27.1'
12  Southwest of Cape San Blas....       29 deg.30.5'       85 deg.52.0'
13  Off St. Andrew Bay............       29 deg.53.0'       86 deg.10.0'
14  De Soto Canyon................       30 deg.06.0'       86 deg.55.0'
15  South of Florida/Alabama                                            
 border...........................       29 deg.34.5'       87 deg.38.0'
16  Off Mobile Bay................       29 deg.41.0'       88 deg.00.0'
17  South of Alabama/Mississippi                                        
 border...........................       30 deg.01.5'       88 deg.23.7'
18  Horn/Chandeleur Islands.......       30 deg.01.5'       88 deg.40.5'
19  Chandeleur Islands............       29 deg.35.5'       88 deg.37.0'
20  Seaward limit of Louisiana's                                        
 waters off North Pass of the                                           
 Mississippi River................       29 deg.16.3'       89 deg.00.0'
Thence southerly and westerly                                           
 along the seaward limit of                                             
 Louisiana's waters to:                                                 
21  Seaward limit of Louisiana's                                        
 waters off Southwest Pass of the                                       
 Mississippi River................       28 deg.57.3'       89 deg.28.2'
22  Southeast of Grand Isle.......       29 deg.09.0'       89 deg.47.0'
23  Quick flashing horn buoy south                                      
 of Isles Dernieres...............       28 deg.32.5'       90 deg.42.0'
24  Southeast of Calcasieu Pass...       29 deg.10.0'       92 deg.37.0'
25  South of Sabine Pass--10                                            
 fathoms..........................       29 deg.09.0'       93 deg.41.0'
26  South of Sabine Pass--30                                            
 fathoms..........................       28 deg.21.5'       93 deg.28.0'
27  East of Aransas Pass..........       27 deg.49.0'       96 deg.19.5'
28  East of Baffin Bay............       27 deg.12.0'       96 deg.51.0'
29  Northeast of Port Mansfield...       26 deg.46.5'       96 deg.52.0'
30  Northeast of Port Isabel......       26 deg.21.5'       96 deg.35.0'
31  U.S./Mexico EEZ boundary......       26 deg.00.5'       96 deg.36.0'
Thence westerly along U.S./Mexico                                       
 EEZ boundary to the seaward limit                                      
 of Texas' waters ................                                      
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or       
  submarine area.                                                       


BILLING CODE 3510-22-W

[[Page 34962]]

Appendix C to Part 622--Fish Length Measurements

[GRAPHIC] [TIFF OMITTED] TR03JY96.000


Figure 1 of Appendix C to Part 622--Carapace Length

[[Page 34963]]

[GRAPHIC] [TIFF OMITTED] TR03JY96.001



[[Page 34964]]

PARTS 638, 641, 642, 645, 646, 647, 653, 658, 659, 669, AND 670--
[REMOVED]

    4. Under the authority of 16 U.S.C. 1801 et seq., parts 638, 641, 
642, 645, 646, 647, 653, 658, 659, 669, and 670 are removed.
[FR Doc. 96-16254 Filed 7-1-96; 8:45 am]
BILLING CODE 3510-22-M