297 Subpart I-Snapper-Grouper Fish- ery of the South Atlantic Re- gion

 
 
Fishery Conservation and Management                                                          § 622.170

                                                                       Subpart I—Snapper-Grouper Fish-                           fish for or possess, in or from the EEZ,
                                                                          ery of the South Atlantic Re-                          South Atlantic snapper-grouper, a
                                                                          gion                                                   valid charter vessel/headboat permit
                                                                                                                                 for South Atlantic snapper-grouper
                                                                       § 622.170 Permits and endorsements.                       must have been issued to the vessel and
                                                                                                                                 must be on board. A charter vessel or
                                                                          (a) Commercial vessel permits—(1) South
                                                                                                                                 headboat may have both a charter ves-
                                                                       Atlantic snapper-grouper. For a person
                                                                                                                                 sel/headboat permit and a commercial
                                                                       aboard a vessel to be eligible for ex-
                                                                                                                                 vessel permit. However, when a vessel
                                                                       emption from the bag limits for South
                                                                                                                                 is operating as a charter vessel or
                                                                       Atlantic snapper-grouper in or from
                                                                       the South Atlantic EEZ, to sell South                     headboat, a person aboard must adhere
                                                                       Atlantic snapper-grouper in or from                       to the bag limits. See the definitions of
                                                                       the South Atlantic EEZ, to engage in                      ‘‘Charter vessel’’ and ‘‘Headboat’’ in
                                                                       the directed fishery for golden tilefish                  § 622.2 for an explanation of when ves-
                                                                       in the South Atlantic EEZ, to use a                       sels are considered to be operating as a
                                                                       longline to fish for South Atlantic                       charter vessel or headboat, respec-
                                                                       snapper-grouper in the South Atlantic                     tively.
                                                                       EEZ, or to use a sea bass pot in the                         (2) [Reserved]
                                                                       South Atlantic EEZ between 35°15.19′                         (c) Dealer permits and conditions—(1)
                                                                       N. lat. (due east of Cape Hatteras                        Permits. For a dealer to first receive
                                                                       Light, NC) and 28°35.1′ N. lat. (due east                 South Atlantic snapper-grouper (in-
                                                                       of the NASA Vehicle Assembly Build-                       cluding wreckfish) harvested in or from
                                                                       ing, Cape Canaveral, FL), either a com-                   the EEZ, a Gulf and South Atlantic
                                                                       mercial vessel permit for South Atlan-                    dealer permit must be issued to the
                                                                       tic Unlimited Snapper-Grouper Permit                      dealer.
                                                                       or a trip-limited permit for South At-                       (2) State license and facility require-
                                                                       lantic snapper-grouper must have been                     ments. To obtain a dealer permit or en-
                                                                       issued to the vessel and must be on                       dorsement, the applicant must have a
                                                                       board. A vessel with a trip-limited                       valid state wholesaler’s license in the
                                                                       commercial permit is limited on any                       state(s) where the dealer operates, if
                                                                       trip to 225 lb (102.1 kg) of snapper-                     required by such state(s), and must
                                                                       grouper. See § 622.171 for limitations on                 have a physical facility at a fixed loca-
                                                                       the use, transfer, and renewal of a com-                  tion in such state(s).
                                                                       mercial vessel permit for South Atlan-                       (d) Permit procedures. See § 622.4 for
                                                                       tic snapper-grouper.                                      information regarding general permit
                                                                          (2) Wreckfish. For a person aboard a                   procedures including, but not limited
                                                                       vessel to be eligible for exemption from                  to application, fees, duration, transfer,
                                                                       the bag limit for wreckfish in or from                    renewal, display, sanctions and denials,
                                                                       the South Atlantic EEZ, to fish under                     and replacement.
                                                                       a quota for wreckfish in or from the                         (e) South Atlantic black sea bass pot en-
                                                                       South Atlantic EEZ, or to sell                            dorsement. For a person aboard a vessel,
                                                                       wreckfish in or from the South Atlan-                     for which a valid commercial vessel
                                                                       tic EEZ, a commercial vessel permit                       permit for South Atlantic snapper-
                                                                       for wreckfish and a commercial permit                     grouper unlimited has been issued, to
                                                                       for South Atlantic snapper-grouper                        use a black sea bass pot in the South
                                                                       must have been issued to the vessel and                   Atlantic EEZ, a valid South Atlantic
                                                                       must be on board. To obtain a commer-                     black sea bass pot endorsement must
                                                                       cial vessel permit for wreckfish, the                     have been issued to the vessel and must
                                                                       applicant must be a wreckfish share-                      be on board. A permit or endorsement
                                                                       holder; and either the shareholder                        that has expired is not valid. This en-
                                                                       must be the vessel owner or the owner                     dorsement must be renewed annually
                                                                       or operator must be an employee, con-                     and may only be renewed if the associ-
                                                                       tractor, or agent of the shareholder.                     ated vessel has a valid commercial ves-
                                                                       (See § 622.172 for information on                         sel permit for South Atlantic snapper-
                                                                       wreckfish shareholders.)                                  grouper unlimited or if the endorse-
                                                                          (b) Charter vessel/headboat permits—(1)                ment and associated permit are being
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                                                                       South Atlantic snapper-grouper. For a                     concurrently renewed. The RA will not
                                                                       person aboard a vessel that is oper-                      reissue this endorsement if the en-
                                                                       ating as a charter vessel or headboat to                  dorsement is revoked or if the RA does

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§ 622.170                                                             50 CFR Ch. VI (10–1–15 Edition)

                                                                       not receive a complete application for                    mittee. Appeals based on hardship fac-
                                                                       renewal of the endorsement within 1                       tors will not be considered. Appeals
                                                                       year after the endorsement’s expira-                      must be submitted to the RA post-
                                                                       tion date.                                                marked no later than October 1, 2012,
                                                                         (1) Initial eligibility. To be eligible for             and must contain documentation sup-
                                                                       an initial South Atlantic black sea                       porting the basis for the appeal. The
                                                                       bass pot endorsement, a person must                       RA will review all appeals, render final
                                                                       have been issued and must possess a                       decisions on the appeals, and advise the
                                                                       valid or renewable commercial vessel                      appellant of the final NMFS decision.
                                                                       permit for South Atlantic snapper-                          (i) Eligibility appeals. NMFS’ records
                                                                       grouper that has black sea bass land-                     of snapper-grouper permits are the sole
                                                                       ings using black sea bass pot gear aver-                  basis for determining ownership of
                                                                       aging at least 2,500 lb (1,134 kg), round                 such permits. A person who believes he/
                                                                       weight, annually during the period                        she meets the permit eligibility cri-
                                                                       January 1, 1999 through December 31,                      teria based on ownership of a vessel
                                                                       2010. Excluded from this eligibility, are                 under a different name, for example, as
                                                                       trip-limited permits (South Atlantic                      a result of ownership changes from in-
                                                                       snapper-grouper permits that have a                       dividual to corporate or vice versa,
                                                                       225-lb (102.1-kg) limit of snapper-group-                 must document his/her continuity of
                                                                       er) and valid or renewable commercial                     ownership.
                                                                       vessel permits for South Atlantic snap-                     (ii) Landings appeals. Determinations
                                                                       per-grouper unlimited that have no re-                    of appeals regarding landings data for
                                                                       ported landings of black sea bass using                   1999 through 2010 will be based on
                                                                       black sea bass pots from January 1,                       NMFS’ logbook records. If NMFS’
                                                                       2008, through December 31, 2010. NMFS                     logbooks are not available, the RA may
                                                                       will attribute all applicable black sea                   use state landings records or data for
                                                                       bass landings associated with a current                   the period 1999 through 2010 that were
                                                                       snapper-grouper permit for the applica-                   submitted in compliance with applica-
                                                                       ble landings history, including those                     ble Federal and state regulations on or
                                                                       reported by a person(s) who held the                      before December 31, 2011.
                                                                       permit prior to the current permit                          (4) Transferability. A valid or renew-
                                                                       owner, to the current permit owner.                       able black sea bass pot endorsement
                                                                       Only legal landings reported in compli-                   may be transferred between any two
                                                                       ance with applicable state and Federal                    entities that hold, or simultaneously
                                                                       regulations are acceptable.                               obtain, a valid South Atlantic snapper-
                                                                         (2) Initial issuance. On or about June                  grouper unlimited permit. Endorse-
                                                                       1, 2012, the RA will mail each eligible                   ments may be transferred independ-
                                                                       permittee a black sea bass pot endorse-                   ently from the South Atlantic snapper-
                                                                       ment via certified mail, return receipt                   grouper unlimited permit. NMFS will
                                                                       requested, to the permittee’s address of                  attribute black sea bass landings to the
                                                                       record as listed in NMFS’ permit files.                   associated South Atlantic snapper-
                                                                       An eligible permittee who does not re-                    grouper unlimited permit regardless of
                                                                       ceive an endorsement from the RA,                         whether the landings occurred before
                                                                       must contact the RA no later than                         or after the endorsement was issued.
                                                                       July 1, 2012, to clarify his/her endorse-                 Only legal landings reported in compli-
                                                                       ment status. A permittee denied an en-                    ance with applicable state and Federal
                                                                       dorsement based on the RA’s initial de-                   regulations are acceptable.
                                                                       termination of eligibility and who dis-                     (5) Fees. No fee applies to initial
                                                                       agrees with that determination may                        issuance of a black sea bass pot en-
                                                                       appeal to the RA.                                         dorsement. NMFS charges a fee for
                                                                         (3) Procedure for appealing black sea                   each renewal or replacement of such
                                                                       bass pot endorsement eligibility and/or                   endorsement       and     calculates the
                                                                       landings information. The only items                      amount of each fee in accordance with
                                                                       subject to appeal are initial eligibility                 the procedures of the NOAA Finance
                                                                       for a black sea bass pot endorsement                      Handbook for determining the adminis-
                                                                       based on ownership of a qualifying                        trative costs of each special product or
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                                                                       snapper-grouper permit, the accuracy                      service. The fee may not exceed such
                                                                       of the amount of landings, and correct                    costs and is specified with each appli-
                                                                       assignment of landings to the per-                        cation form. The handbook is available

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Fishery Conservation and Management                                                          § 622.170

                                                                       from the RA. The appropriate fee must                     than May 23, 2013, to clarify his/her en-
                                                                       accompany each application for re-                        dorsement status. A permittee who is
                                                                       newal or replacement.                                     denied an endorsement based on the
                                                                         (f) South Atlantic golden tilefish                      RA’s initial determination of eligi-
                                                                       longline endorsement. For a person                        bility and who disagrees with that de-
                                                                       aboard a vessel, for which a valid com-                   termination may appeal to the RA.
                                                                       mercial vessel permit for South Atlan-                       (3) Procedure for appealing golden
                                                                       tic snapper-grouper unlimited has been                    tilefish longline endorsement eligibility
                                                                       issued, to fish for or possess golden                     and/or landings information. The only
                                                                       tilefish in the South Atlantic EEZ                        items subject to appeal are initial eli-
                                                                       using longline gear, a South Atlantic                     gibility for a golden tilefish longline
                                                                       golden tilefish longline endorsement                      endorsement based on ownership of a
                                                                       must have been issued to the vessel and                   qualifying snapper-grouper permit, the
                                                                       must be on board. A permit or endorse-                    accuracy of the amount of landings,
                                                                       ment that has expired is not valid. This                  and the correct assignment of landings
                                                                       endorsement must be renewed annually                      to the permittee. Appeals based on
                                                                       and may only be renewed if the associ-                    hardship factors will not be considered.
                                                                       ated vessel has a valid commercial ves-                   Appeals must be submitted to the RA
                                                                       sel permit for South Atlantic snapper-                    postmarked no later than August 21,
                                                                       grouper unlimited or if the endorse-                      2013, and must contain documentation
                                                                       ment and associated permit are being                      supporting the basis for the appeal.
                                                                       concurrently renewed. The RA will not                     The National Appeals Office will re-
                                                                       reissue this endorsement if the en-                       view,     evaluate,    and   render   rec-
                                                                       dorsement is revoked or if the RA does                    ommendations on appeals to the RA.
                                                                       not receive a complete application for                    The RA will then review each appeal,
                                                                       renewal of the endorsement within 1                       render a final decision on each appeal,
                                                                       year after the endorsement’s expira-                      and advise the appellant of the final
                                                                       tion date.                                                NMFS decision.
                                                                         (1) Initial eligibility. To be eligible for                (i) Eligibility appeals. NMFS’ records
                                                                       an initial South Atlantic golden                          of snapper-grouper permits are the sole
                                                                       tilefish longline endorsement, a person                   basis for determining ownership of
                                                                       must have been issued and must pos-                       such permits. A person who believes he/
                                                                       sess a valid or renewable commercial                      she meets the permit eligibility cri-
                                                                       vessel permit for South Atlantic snap-                    teria based on ownership of a vessel
                                                                       per-grouper that has golden tilefish                      under a different name, for example, as
                                                                       landings using longline gear averaging                    a result of ownership changes from in-
                                                                       at least 5,000 lb (2,268 kg), gutted                      dividual to corporate or vice versa,
                                                                       weight, over the best 3 years within the                  must document his or her continuity of
                                                                       period 2006–2011. NMFS will attribute                     ownership and must submit that infor-
                                                                       all applicable golden tilefish landings                   mation with their appeal.
                                                                       associated with a current South Atlan-                       (ii) Landings appeals. Determinations
                                                                       tic snapper-grouper permit for the ap-                    of appeals regarding landings data for
                                                                       plicable landings history, to the cur-                    2006 through 2011 will be based on
                                                                       rent permit owner, including golden                       NMFS’ logbook records, submitted on
                                                                       tilefish landings reported by a per-                      or before October 31, 2012. If NMFS’
                                                                       son(s) who held the permit prior to the                   logbooks are not available, the RA may
                                                                       current permit owner. Only legal land-                    use state landings records or data for
                                                                       ings reported in compliance with appli-                   the period 2006 through 2011 that were
                                                                       cable state and Federal regulations are                   submitted in compliance with applica-
                                                                       acceptable.                                               ble Federal and state regulations on or
                                                                         (2) Initial issuance. On or about April                 before October 31, 2012.
                                                                       23, 2013, the RA will mail each eligible                     (4) Transferability. A valid or renew-
                                                                       permittee a golden tilefish longline en-                  able golden tilefish endorsement may
                                                                       dorsement via certified mail, return re-                  be transferred between any two enti-
                                                                       ceipt requested, to the permittee’s ad-                   ties that hold, or simultaneously ob-
                                                                       dress of record as listed in NMFS’ per-                   tain, a valid South Atlantic snapper-
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                                                                       mit files. An eligible permittee who                      grouper unlimited permit. An endorse-
                                                                       does not receive an endorsement from                      ment may be transferred independently
                                                                       the RA, must contact the RA no later                      from the South Atlantic snapper-

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§ 622.171                                                             50 CFR Ch. VI (10–1–15 Edition)

                                                                       grouper unlimited permit. NMFS will                       individual or by the individual and one
                                                                       attribute golden tilefish landings to                     or more of the following: husband, wife,
                                                                       the associated South Atlantic Unlim-                      son, daughter, brother, sister, mother,
                                                                       ited Snapper-Grouper Permit regard-                       or father. The application for transfer
                                                                       less of whether the landings occurred                     of a permit under this paragraph
                                                                       before or after the endorsement was                       (b)(1)(ii)(B) and each application for re-
                                                                       issued. Only legal landings reported in                   newal of such permit must be accom-
                                                                       compliance with applicable state and                      panied by a current annual report of
                                                                       Federal regulations are acceptable.                       the corporation that specifies all share-
                                                                         (5) Fees. No fee applies to the initial                 holders of the corporation. A permit
                                                                       issuance of a golden tilefish longline                    will not be renewed if the annual re-
                                                                       endorsement. NMFS charges a fee for                       port shows a new shareholder other
                                                                       each renewal or replacement or trans-                     than a husband, wife, son, daughter,
                                                                       fer of such endorsement and calculates                    brother, sister, mother, or father.
                                                                       the amount of each fee in accordance                        (iii) Except as provided in paragraphs
                                                                       with the procedures of the NOAA Fi-                       (b)(1)(i) and (ii) of this section, a person
                                                                       nance Handbook for determining the                        desiring to acquire a limited access,
                                                                       administrative costs of each special                      transferable permit for South Atlantic
                                                                       product or service. The handbook is                       snapper-grouper must obtain and ex-
                                                                       available from the RA. The appropriate                    change two such permits for one new
                                                                       fee must accompany each application                       permit.
                                                                       for renewal or replacement or transfer.                     (iv) A transfer of a permit that is un-
                                                                       [78 FR 22952, Apr. 17, 2013, as amended at 78             dertaken under paragraph (b)(1)(ii) of
                                                                       FR 23862, Apr. 23, 2013; 79 FR 19495, Apr. 9,             this section will constitute a transfer
                                                                       2014]                                                     of the vessel’s entire catch history to
                                                                                                                                 the new owner.
                                                                       § 622.171 South      Atlantic     snapper-
                                                                             grouper limited access.                               (2) Trip-limited permits. An owner of a
                                                                                                                                 vessel with a trip-limited permit may
                                                                          (a) General. The only valid commer-                    request that the RA transfer the per-
                                                                       cial vessel permits for South Atlantic                    mit to another vessel owned by the
                                                                       snapper-grouper are those that have                       same entity.
                                                                       been issued under the limited access
                                                                                                                                   (c) Renewal. NMFS will not reissue a
                                                                       criteria specified in the Fishery Man-
                                                                                                                                 commercial vessel permit for South
                                                                       agement Plan for the Snapper-Grouper
                                                                                                                                 Atlantic snapper-grouper if the permit
                                                                       Fishery of the South Atlantic Region.
                                                                                                                                 is revoked or if the RA does not receive
                                                                       A commercial vessel permit for South
                                                                                                                                 an application for renewal within one
                                                                       Atlantic snapper-grouper is either a
                                                                                                                                 year of the permit’s expiration date.
                                                                       transferable commercial permit or a
                                                                       trip-limited commercial permit.                           § 622.172 Wreckfish individual trans-
                                                                          (b) Transfers of permits. A snapper-                       ferable quota (ITQ) system.
                                                                       grouper limited access permit is valid
                                                                       only for the vessel and owner named on                      The provisions of this section apply
                                                                       the permit. To change either the vessel                   to wreckfish in or from the South At-
                                                                       or the owner, an application for trans-                   lantic EEZ.
                                                                       fer must be submitted to the RA.                            (a) General—(1) Percentage shares—(i)
                                                                          (1) Transferable permits. (i) An owner                 Initial ITQ shares. In accordance with
                                                                       of a vessel with a transferable permit                    the procedure specified in the Fishery
                                                                       may request that the RA transfer the                      Management Plan for the Snapper-
                                                                       permit to another vessel owned by the                     Grouper Fishery of the South Atlantic
                                                                       same entity.                                              Region, percentage shares of the quota
                                                                          (ii) A transferable permit may be                      for wreckfish were assigned at the be-
                                                                       transferred upon a change of ownership                    ginning of the program. Each person
                                                                       of a permitted vessel with such per-                      was notified by the RA of his or her
                                                                       mit—                                                      percentage share and shareholder cer-
                                                                          (A) From one to another of the fol-                    tificate number.
                                                                       lowing: husband, wife, son, daughter,                       (ii) Reverted ITQ shares. Any shares
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                                                                       brother, sister, mother, or father; or                    determined by NMFS to be inactive,
                                                                          (B) From an individual to a corpora-                   will be redistributed proportionately
                                                                       tion whose shares are all held by the                     among remaining shareholders (subject

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Fishery Conservation and Management                                                          § 622.172

                                                                       to cap restrictions) based on share-                        (3) ITQ share cap. No person, includ-
                                                                       holder    landings     history.   Inactive                ing a corporation or other entity, may
                                                                       shares are, for purposes of this section,                 individually or collectively hold ITQ
                                                                       those shares held by ITQ shareholders                     shares in excess of 49 percent of the
                                                                       who have not reported any wreckfish                       total shares. For the purposes of con-
                                                                       landings between April 16, 2006, and                      sidering the share cap, a corporation’s
                                                                       January 14, 2011.                                         total ITQ share is determined by add-
                                                                         (iii) Percentage share set-aside to ac-                 ing the corporation’s ITQ shares to any
                                                                       commodate resolution of appeals. During                   other ITQ shares the corporation owns
                                                                       the 2012–2013 fishing year, the RA will                   in another corporation. If an individual
                                                                       reserve 1.401 percent of wreckfish ITQ                    ITQ shareholder is also a shareholder
                                                                       shares prior to redistributing shares                     in a corporation that holds ITQ shares,
                                                                       (see paragraph (a)(1)(ii) of this section)                an individual’s total ITQ share is deter-
                                                                       to accommodate resolution of appeals,                     mined by adding the applicable ITQ
                                                                       if necessary. NMFS will distribute any                    shares held by the individual to the ap-
                                                                       portion of the 1.401-percent share re-                    plicable ITQ shares equivalent to the
                                                                       maining after the appeals process as                      corporate share the individual holds in
                                                                       soon as possible among the remaining                      a corporation. A corporation must pro-
                                                                       shareholders.                                             vide the RA the identity of the share-
                                                                         (iv) Procedure for appealing wreckfish                  holders of the corporation and their
                                                                       quota share status and landings informa-                  percent of shares in the corporation,
                                                                       tion. Appeals must be submitted to the                    and provide updated information to the
                                                                       RA postmarked no later than January                       RA within 30 days of when a change oc-
                                                                       24, 2013, and must contain documenta-                     curs. This information must also be
                                                                       tion supporting the basis for the ap-                     provided to the RA any time a com-
                                                                       peal. The only items subject to appeal                    mercial vessel permit for wreckfish is
                                                                       are the status of wreckfish quota                         renewed or transferred.
                                                                       shares, as active or inactive, and the                      (b) List of wreckfish shareholders. An-
                                                                       accuracy of the amount of landings.                       nually, on or about March 1, the RA
                                                                       The RA will review and evaluate all ap-                   will provide each wreckfish share-
                                                                       peals, render final decisions on the ap-                  holder with a list of all wreckfish
                                                                       peals, and advise the appellant of the
                                                                                                                                 shareholders and their percentage
                                                                       final decision. Appeals based on hard-
                                                                                                                                 shares, reflecting share transactions on
                                                                       ship factors will not be considered. The
                                                                                                                                 forms received through February 15.
                                                                       RA will determine the outcome of ap-
                                                                       peals based on NMFS’ logbooks. If                           (c) ITQs. (1) Annually, as soon after
                                                                       NMFS’ logbooks are not available, the                     March 1 as the TAC for wreckfish for
                                                                       RA may use state landings records. Ap-                    the fishing year that commences April
                                                                       pellants must submit NMFS’ logbooks                       16 is known, the RA will calculate each
                                                                       or state landings records, as appro-                      wreckfish shareholder’s ITQ. Each ITQ
                                                                       priate, to support their appeal.                          is the product of the wreckfish TAC, in
                                                                         (2) Share transfers. All or a portion of                round weight, for the ensuing fishing
                                                                       a person’s percentage shares are                          year, the factor for converting round
                                                                       transferrable. Transfer of shares must                    weight to eviscerated weight, and each
                                                                       be reported on a form available from                      wreckfish     shareholder’s   percentage
                                                                       the RA. The RA will confirm, in writ-                     share, reflecting share transactions re-
                                                                       ing, each transfer of shares. The effec-                  ported on forms received by the RA
                                                                       tive date of each transfer is the con-                    through February 15. Thus, the ITQs
                                                                       firmation date provided by the RA.                        will be in terms of eviscerated weight
                                                                       NMFS charges a fee for each transfer of                   of wreckfish.
                                                                       shares and calculates the amount in                         (2) The RA will provide each
                                                                       accordance with the procedures of the                     wreckfish shareholder with ITQ cou-
                                                                       NOAA Finance Handbook. The hand-                          pons in various denominations, the
                                                                       book is available from the RA. The fee                    total of which equals his or her ITQ,
                                                                       may not exceed such costs and is speci-                   and a copy of the calculations used in
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                                                                       fied with each transfer form. The ap-                     determining his or her ITQ. Each cou-
                                                                       propriate fee must accompany each                         pon will be coded to indicate the initial
                                                                       transfer form.                                            recipient.

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§§ 622.173–622.175                                                    50 CFR Ch. VI (10–1–15 Edition)

                                                                          (3) An ITQ coupon may be transferred                   which the wreckfish were received,
                                                                       from one wreckfish shareholder to an-                     enter the date the wreckfish were re-
                                                                       other by completing the sale endorse-                     ceived, enter the dealer’s permit num-
                                                                       ment thereon (that is, the signature                      ber, and sign each such ‘‘Fish House’’
                                                                       and shareholder certificate number of                     part; and submit all such parts with
                                                                       the buyer). An ITQ coupon may be pos-                     the electronic dealer reports required
                                                                       sessed only by the shareholder to                         by § 622.5(c).
                                                                       whom it has been issued, or by the                          (8) An owner or operator of a vessel
                                                                       shareholder’s employee, contractor, or                    and a dealer must make available to an
                                                                       agent, unless the ITQ coupon has been                     authorized officer all ITQ coupons in
                                                                       transferred to another shareholder. An                    his or her possession upon request.
                                                                       ITQ coupon that has been transferred                        (d) Wreckfish limitations. (1) A
                                                                       to another shareholder may be pos-                        wreckfish taken in the South Atlantic
                                                                       sessed only by the shareholder whose                      EEZ may not be transferred at sea, re-
                                                                       signature appears on the coupon as the                    gardless of where the transfer takes
                                                                       buyer, or by the shareholder’s em-                        place; and a wreckfish may not be
                                                                       ployee, contractor, or agent, and with                    transferred in the South Atlantic EEZ.
                                                                       all required sale endorsements properly                     (2) A wreckfish possessed by a fisher-
                                                                       completed.                                                man or dealer shoreward of the outer
                                                                          (4) Wreckfish may not be possessed                     boundary of the South Atlantic EEZ or
                                                                       on board a fishing vessel that has been                   in a South Atlantic coastal state will
                                                                       issued a commercial vessel permit for                     be presumed to have been harvested
                                                                       South Atlantic snapper-grouper and a                      from the South Atlantic EEZ unless
                                                                       commercial          vessel     permit     for             accompanied by documentation that it
                                                                       wreckfish—                                                was harvested from other than the
                                                                          (i) In an amount exceeding the total                   South Atlantic EEZ.
                                                                       of the ITQ coupons on board the vessel;                     (3) A wreckfish harvested by a vessel
                                                                       or                                                        that has been issued a commercial ves-
                                                                          (ii) That does not have on board log-                  sel permit for South Atlantic snapper-
                                                                       book forms for that fishing trip, as re-                  grouper and a commercial vessel per-
                                                                       quired under § 622.176(a)(3)(i).                          mit for wreckfish may be offloaded
                                                                          (5) Prior to termination of a trip, a                  from a fishing vessel only between 8
                                                                       signature and date signed must be af-                     a.m. and 5 p.m., local time.
                                                                       fixed in ink to the ‘‘Fisherman’’ part of                   (4) If a wreckfish harvested by a ves-
                                                                       ITQ coupons in denominations equal to                     sel that has been issued a commercial
                                                                       the eviscerated weight of the wreckfish                   vessel permit for South Atlantic snap-
                                                                       on board. The ‘‘Fisherman’’ part of                       per-grouper and a commercial vessel
                                                                       each such coupon must be separated                        permit for wreckfish is to be offloaded
                                                                       from the coupon and submitted with                        at a location other than a fixed facility
                                                                       the     logbook      forms     required    by             of a dealer who holds a Gulf and South
                                                                       § 622.176(a)(3)(i) for that fishing trip.                 Atlantic dealer permit, as required
                                                                          (6) The ‘‘Fish House’’ part of each                    under § 622.170(c)(1), the wreckfish
                                                                       such coupon must be given to the deal-                    shareholder or the vessel operator
                                                                       er to whom the wreckfish are trans-                       must advise the NMFS Office for Law
                                                                       ferred in amounts totaling the evis-                      Enforcement, Southeast Region, St.
                                                                       cerated weight of the wreckfish trans-                    Petersburg, FL, by telephone (727–824–
                                                                       ferred to that dealer. Wreckfish may be                   5344), of the location not less than 24
                                                                       transferred only to a Gulf and South                      hours prior to offloading.
                                                                       Atlantic dealer permit holder, as re-                     [78 FR 22952, Apr. 17, 2013, as amended at 79
                                                                       quired under § 622.170(c)(1).                             FR 19495, Apr. 9, 2014]
                                                                          (7) A dealer may first receive
                                                                       wreckfish only from a vessel for which                    §§ 622.173–622.175       [Reserved]
                                                                       a commercial permit for wreckfish has
                                                                       been      issued,    as    required    under              § 622.176 Recordkeeping and report-
                                                                       § 622.170(a)(2). A dealer must receive the                     ing.
                                                                       ‘‘Fish House’’ part of ITQ coupons in                        (a) Commercial vessel owners and oper-
lpowell on DSK54DXVN1OFR with $$_JOB




                                                                       amounts totaling the eviscerated                          ators—(1) General reporting requirements.
                                                                       weight of the wreckfish received; enter                   The owner or operator of a vessel for
                                                                       the permit number of the vessel from                      which a commercial permit for South

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Fishery Conservation and Management                                                          § 622.176

                                                                       Atlantic snapper-grouper has been                         Atlantic EEZ, who is selected to report
                                                                       issued, as required under § 622.170(a)(1),                by the SRD must maintain a fishing
                                                                       or whose vessel fishes for or lands                       record for each trip, or a portion of
                                                                       South Atlantic snapper-grouper in or                      such trips as specified by the SRD, on
                                                                       from state waters adjoining the South                     forms provided by the SRD and must
                                                                       Atlantic EEZ, who is selected to report                   submit such record as specified in para-
                                                                       by the SRD must maintain a fishing                        graph (b)(2) of this section.
                                                                       record on a form available from the                         (ii) Headboats. The owner or operator
                                                                       SRD and must submit such record as                        of a headboat for which a charter ves-
                                                                       specified in paragraph (a)(4) of this sec-                sel/headboat permit for South Atlantic
                                                                       tion.                                                     snapper-grouper has been issued, as re-
                                                                          (2) Electronic logbook/video monitoring                quired under § 622.170(b)(1), or whose
                                                                       reporting. The owner or operator of a                     vessel fishes for or lands such snapper-
                                                                       vessel for which a commercial permit                      grouper in or from state waters adjoin-
                                                                       for South Atlantic snapper-grouper has                    ing the South Atlantic EEZ, who is se-
                                                                       been     issued,    as   required    under                lected to report by the SRD must sub-
                                                                       § 622.170(a)(1), who is selected to report                mit an electronic fishing record for
                                                                       by the SRD must participate in the                        each trip of all fish harvested within
                                                                       NMFS-sponsored electronic logbook                         the time period specified in paragraph
                                                                       and/or video monitoring reporting pro-                    (b)(2)(ii) of this section, via the South-
                                                                       gram as directed by the SRD. Compli-                      east Region Headboat Survey.
                                                                       ance with the reporting requirements                        (iii) Electronic logbook/video monitoring
                                                                       of this paragraph (a)(2) is required for                  reporting. The owner or operator of a
                                                                       permit renewal.                                           vessel for which a charter vessel/
                                                                          (3) Wreckfish reporting. The wreckfish                 headboat permit for South Atlantic
                                                                       shareholder under § 622.172, or operator                  snapper-grouper has been issued, as re-
                                                                       of a vessel for which a commercial per-                   quired under § 622.170(b)(1), or whose
                                                                       mit for wreckfish has been issued, as                     vessel fishes for or lands such snapper-
                                                                       required under § 622.170(a)(2), must—                     grouper in or from state waters adjoin-
                                                                          (i) Maintain a fishing record on a                     ing the South Atlantic EEZ, who is se-
                                                                       form available from the SRD and must                      lected to report by the SRD must par-
                                                                       submit such record as specified in para-                  ticipate in the NMFS-sponsored elec-
                                                                       graph (a)(4) of this section.                             tronic logbook and/or video monitoring
                                                                          (ii) Make available to an authorized                   program as directed by the SRD. Com-
                                                                       officer upon request all records of com-                  pliance with the reporting require-
                                                                       mercial offloadings, purchases, or sales                  ments of this paragraph (b)(1)(iii) is re-
                                                                       of wreckfish.                                             quired for permit renewal.
                                                                          (4) Reporting deadlines. Completed                       (2) Reporting deadlines—(i) Charter ves-
                                                                       fishing records required by this para-                    sels. Completed fishing records required
                                                                       graph (a) must be submitted to the                        by paragraph (b)(1)(i) of this section for
                                                                       SRD postmarked not later than 7 days                      charter vessels must be submitted to
                                                                       after the end of each fishing trip. If no                 the SRD weekly, postmarked no later
                                                                       fishing occurred during a calendar                        than 7 days after the end of each week
                                                                       month, a report so stating must be sub-                   (Sunday). Completed fishing records re-
                                                                       mitted on one of the forms postmarked                     quired by paragraph (b)(1)(iii) of this
                                                                       not later than 7 days after the end of                    section for charter vessels may be re-
                                                                       that month. Information to be reported                    quired weekly or daily, as directed by
                                                                       is indicated on the form and its accom-                   the SRD. Information to be reported is
                                                                       panying instructions.                                     indicated on the form and its accom-
                                                                          (b) Charter vessel/headboat owners and                 panying instructions.
                                                                       operators—(1) General reporting require-                    (ii) Headboats. Electronic fishing
                                                                       ment—(i) Charter vessels. The owner or                    records required by paragraph (b)(1)(ii)
                                                                       operator of a charter vessel for which a                  of this section for headboats must be
                                                                       charter vessel/headboat permit for                        submitted at weekly intervals (or in-
                                                                       South Atlantic snapper-grouper has                        tervals shorter than a week if notified
                                                                       been     issued,    as   required    under                by the SRD) by 11:59 p.m., local time,
lpowell on DSK54DXVN1OFR with $$_JOB




                                                                       § 622.170(b)(1), or whose vessel fishes for               the Sunday following a reporting week.
                                                                       or lands such snapper-grouper in or                       If no fishing activity occurred during a
                                                                       from state waters adjoining the South                     reporting week, an electronic report so

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§ 622.177                                                             50 CFR Ch. VI (10–1–15 Edition)

                                                                       stating must be submitted for that re-                    must make available to an authorized
                                                                       porting week by 11:59 p.m., local time,                   officer all records of offloadings, pur-
                                                                       the Sunday following a reporting week.                    chases, or sales of South Atlantic snap-
                                                                         (3) Catastrophic conditions. During                     per-grouper (including wreckfish).
                                                                       catastrophic conditions only, NMFS                          (d) Private recreational vessels in the
                                                                       provides for use of paper forms for                       South Atlantic snapper-grouper fishery.
                                                                       basic required functions as a backup to                   The owner or operator of a vessel that
                                                                       the electronic reports required by para-                  fishes for or lands South Atlantic snap-
                                                                       graph (b)(1)(ii) of this section. The RA                  per-grouper in or from the South At-
                                                                       will determine when catastrophic con-                     lantic EEZ who is selected to report by
                                                                       ditions exist, the duration of the cata-                  the SRD must—
                                                                       strophic conditions, and which partici-                     (1) Maintain a fishing record for each
                                                                       pants or geographic areas are deemed                      trip, or a portion of such trips as speci-
                                                                       affected by the catastrophic condi-                       fied by the SRD, on forms provided by
                                                                       tions. The RA will provide timely no-                     the SRD. Completed fishing records
                                                                       tice to affected participants via publi-                  must be submitted to the SRD monthly
                                                                       cation of notification in the FEDERAL                     and must either be made available to
                                                                       REGISTER, NOAA weather radio, fishery                     an authorized statistical reporting
                                                                       bulletins, and other appropriate means                    agent or be postmarked not later than
                                                                       and will authorize the affected partici-                  7 days after the end of each month. In-
                                                                       pants’ use of paper forms for the dura-                   formation to be reported is indicated
                                                                       tion of the catastrophic conditions.                      on the form and its accompanying in-
                                                                       The paper forms will be available from                    structions.
                                                                       NMFS. During catastrophic conditions,                       (2) Participate in the NMFS-spon-
                                                                       the RA has the authority to waive or                      sored electronic logbook and/or video
                                                                       modify reporting time requirements.                       monitoring reporting program as di-
                                                                         (4) Compliance requirement. Electronic                  rected by the SRD.
                                                                       reports required by paragraph (b)(1)(ii)                  [78 FR 22952, Apr. 17, 2013, as amended at 78
                                                                       of this section must be submitted and                     FR 78781, Dec. 27, 2013; 79 FR 19495, Apr. 9,
                                                                       received by NMFS according to the re-                     2014]
                                                                       porting requirements under this sec-
                                                                       tion. A report not received within the                    § 622.177 Gear identification.
                                                                       time specified in paragraph (b)(2)(ii) of                    (a) Sea bass pots and associated buoys—
                                                                       this section is delinquent. A delinquent                  (1) Sea bass pots. A sea bass pot used or
                                                                       report automatically results in the                       possessed in the South Atlantic EEZ
                                                                       owner and operator of a headboat for                      between 35°15.19′ N. lat. (due east of
                                                                       which a charter vessel/headboat permit                    Cape Hatteras Light, NC) and 28°35.1′ N.
                                                                       for South Atlantic snapper-grouper has                    lat. (due east of the NASA Vehicle As-
                                                                       been issued being prohibited from har-                    sembly Building, Cape Canaveral, FL),
                                                                       vesting or possessing such species, re-                   or a sea bass pot on board a vessel with
                                                                       gardless of any additional notification                   a commercial permit for South Atlan-
                                                                       to the delinquent owner and operator                      tic snapper-grouper, must have a valid
                                                                       by NMFS. The owner and operator who                       identification tag issued by the RA at-
                                                                       are prohibited from harvesting or pos-                    tached.
                                                                       sessing such species due to delinquent                       (2) Associated buoys. In the South At-
                                                                       reports are authorized to harvest or                      lantic EEZ, buoys are not required to
                                                                       possess such species only after all re-                   be used, but, if used, each buoy must
                                                                       quired and delinquent reports have                        display the official number and color
                                                                       been submitted and received by NMFS                       code assigned by the RA so as to be
                                                                       according to the reporting require-                       easily distinguished, located, and iden-
                                                                       ments under this section.                                 tified.
                                                                         (c) Dealers. (1) A dealer who first re-                    (3) Presumption of ownership. A sea
                                                                       ceives South Atlantic snapper-grouper                     bass pot in the EEZ will be presumed
                                                                       (including wreckfish) must maintain                       to be the property of the most recently
                                                                       records and submit information as                         documented owner. This presumption
                                                                       specified in § 622.5(c).                                  will not apply with respect to such pots
lpowell on DSK54DXVN1OFR with $$_JOB




                                                                         (2) On demand, a dealer who has been                    that are lost or sold if the owner re-
                                                                       issued a Gulf and South Atlantic dealer                   ports the loss or sale within 15 days to
                                                                       permit, as required under § 622.170(c)(1),                the RA.

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Fishery Conservation and Management                                                          § 622.179

                                                                         (4) Unmarked sea bass pots or buoys.                      (5) Allow the observer to inspect and
                                                                       An unmarked sea bass pot or a buoy                        copy the vessel’s log, communications
                                                                       deployed in the EEZ where such pot or                     logs, and any records associated with
                                                                       buoy is required to be marked is illegal                  the catch and distribution of fish for
                                                                       and may be disposed of in any appro-                      that trip.
                                                                       priate manner by the Assistant Admin-
                                                                       istrator or an authorized officer.                        § 622.179 Conservation measures for
                                                                         (b) [Reserved]                                                protected resources.
                                                                                                                                    (a) South Atlantic snapper-grouper
                                                                       § 622.178     At-sea observer coverage.                   commercial vessels and charter vessels/
                                                                         (a) Required coverage. (1) A vessel for                 headboats—(1) Sea turtle conservation
                                                                       which a Federal commercial vessel per-                    measures. (i) The owner or operator of a
                                                                       mit for South Atlantic snapper-grouper                    vessel for which a commercial vessel
                                                                       or a charter vessel/headboat permit for                   permit for South Atlantic snapper-
                                                                       South Atlantic snapper-grouper has                        grouper or a charter vessel/headboat
                                                                       been issued must carry a NMFS-ap-                         permit for South Atlantic snapper-
                                                                       proved observer, if the vessel’s trip is                  grouper has been issued, as required
                                                                       selected by the SRD for observer cov-                     under §§ 622.170(a)(1) and 622.170(b)(1),
                                                                       erage. Vessel permit renewal is contin-                   respectively, and whose vessel has on
                                                                       gent upon compliance with this para-                      board any hook-and-line gear, must
                                                                       graph (a)(1).                                             post inside the wheelhouse, or within a
                                                                         (2) Any other vessel that fishes for                    waterproof case if no wheelhouse, a
                                                                       South Atlantic snapper-grouper in the                     copy of the document provided by
                                                                       South Atlantic EEZ must carry a                           NMFS titled, ‘‘Careful Release Proto-
                                                                       NMFS-approved observer, if the ves-                       cols for Sea Turtle Release With Mini-
                                                                       sel’s trip is selected by the SRD for ob-                 mal Injury,’’ and must post inside the
                                                                       server coverage.                                          wheelhouse, or in an easily viewable
                                                                                                                                 area if no wheelhouse, the sea turtle
                                                                         (b) Notification to the SRD. When ob-
                                                                                                                                 handling and release guidelines pro-
                                                                       server coverage is required, an owner
                                                                                                                                 vided by NMFS.
                                                                       or operator must advise the SRD in
                                                                                                                                    (ii) Such owner or operator must also
                                                                       writing not less than 5 days in advance
                                                                                                                                 comply with the sea turtle bycatch
                                                                       of each trip of the following:
                                                                                                                                 mitigation measures, including gear
                                                                         (1) Departure information (port,                        requirements and sea turtle handling
                                                                       dock, date, and time).                                    requirements, specified in Appendix F
                                                                         (2) Expected landing information                        to this part.
                                                                       (port, dock, and date).                                      (iii) Those permitted vessels with a
                                                                         (c) Observer accommodations and ac-                     freeboard height of 4 ft (1.2 m) or less
                                                                       cess. An owner or operator of a vessel                    must have on board and must use a
                                                                       on which a NMFS-approved observer is                      dipnet,      cushioned/support   device,
                                                                       embarked must:                                            short-handled dehooker, long-nose or
                                                                         (1) Provide accommodations and food                     needle-nose      pliers,   bolt cutters,
                                                                       that are equivalent to those provided                     monofilament line cutters, and at least
                                                                       to the crew.                                              two types of mouth openers/mouth
                                                                         (2) Allow the observer access to and                    gags. This equipment must meet the
                                                                       use of the vessel’s communications                        specifications described in Appendix F
                                                                       equipment and personnel upon request                      to this part. Those permitted vessels
                                                                       for the transmission and receipt of                       with a freeboard height of greater than
                                                                       messages related to the observer’s du-                    4 ft (1.2 m) must have on board a
                                                                       ties.                                                     dipnet, cushioned/support device, long-
                                                                         (3) Allow the observer access to and                    handled line clipper, a short-handled
                                                                       use of the vessel’s navigation equip-                     and a long-handled dehooker, a long-
                                                                       ment and personnel upon request to de-                    handled device to pull an inverted ‘‘V’’,
                                                                       termine the vessel’s position.                            long-nose or needle-nose pliers, bolt
                                                                         (4) Allow the observer free and unob-                   cutters, monofilament line cutters, and
                                                                       structed access to the vessel’s bridge,                   at least two types of mouth openers/
lpowell on DSK54DXVN1OFR with $$_JOB




                                                                       working decks, holding bins, weight                       mouth gags. This equipment must
                                                                       scales, holds, and any other space used                   meet the specifications described in
                                                                       to hold, process, weigh, or store fish.                   Appendix F to this part.

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§ 622.180                                                             50 CFR Ch. VI (10–1–15 Edition)

                                                                         (2) Smalltooth sawfish conservation                     § 622.181 Prohibited and limited-har-
                                                                       measures. The owner or operator of a                          vest species.
                                                                       vessel for which a commercial vessel                         (a) General. The harvest and posses-
                                                                       permit for South Atlantic snapper-                        sion restrictions of this section apply
                                                                       grouper or a charter vessel/headboat                      without regard to whether the species
                                                                       permit for South Atlantic snapper-                        is harvested by a vessel operating
                                                                       grouper has been issued, as required                      under a commercial vessel permit. The
                                                                       under §§ 622.170(a)(1) and 622.170(b)(1),                 operator of a vessel that fishes in the
                                                                       respectively, that incidentally catches                   EEZ is responsible for the limit appli-
                                                                       a smalltooth sawfish must—                                cable to that vessel.
                                                                         (i) Keep the sawfish in the water at                       (b) Prohibited species. (1) Goliath
                                                                       all times;                                                grouper may not be harvested or pos-
                                                                         (ii) If it can be done safely, untangle                 sessed in the South Atlantic EEZ. Goli-
                                                                       the line if it is wrapped around the                      ath grouper taken in the South Atlan-
                                                                       saw;                                                      tic EEZ incidentally by hook-and-line
                                                                         (iii) Cut the line as close to the hook                 must be released immediately by cut-
                                                                       as possible; and                                          ting the line without removing the fish
                                                                         (iv) Not handle the animal or at-                       from the water.
                                                                       tempt to remove any hooks on the saw,                        (2) Red snapper. Red snapper may not
                                                                       except with a long-handled dehooker.                      be harvested or possessed in or from
                                                                         (b) [Reserved]                                          the South Atlantic EEZ, except if
                                                                                                                                 NMFS determines a limited amount of
                                                                       § 622.180     Prohibited gear and methods.                red snapper may be harvested or pos-
                                                                                                                                 sessed in or from the South Atlantic
                                                                         Also see § 622.9 for additional prohib-                 EEZ, as specified in § 622.193(y). Red
                                                                       ited gear and methods that apply more                     snapper caught in the South Atlantic
                                                                       broadly to multiple fisheries or in                       EEZ must be released immediately
                                                                       some cases all fisheries.                                 with a minimum of harm. In addition,
                                                                         (a) Poisons. A poison may not be used                   for a person on board a vessel for which
                                                                       to fish for South Atlantic snapper-                       a valid Federal commercial or charter
                                                                       grouper in the South Atlantic EEZ.                        vessel/headboat permit for South At-
                                                                         (b) Rebreathers and spearfishing gear.                  lantic snapper-grouper has been issued,
                                                                       In the South Atlantic EEZ, a person                       the prohibition on the harvest or pos-
                                                                       using a rebreather may not harvest                        session of red snapper applies in the
                                                                       South Atlantic snapper-grouper with                       South Atlantic, regardless of where
                                                                       spearfishing gear. The possession of                      such fish are harvested or possessed,
                                                                       such snapper-grouper while in the                         i.e., in state or Federal waters.
                                                                       water with a rebreather is prima facie                       (3) Speckled hind and warsaw grouper.
                                                                       evidence that such fish was harvested                     Speckled hind and warsaw grouper may
                                                                       with spearfishing gear while using a re-                  not be harvested or possessed in or
                                                                       breather.                                                 from the South Atlantic EEZ. Such
                                                                         (c) Longlines for wreckfish. A bottom                   fish caught in the South Atlantic EEZ
                                                                       longline may not be used to fish for                      must be released immediately with a
                                                                                                                                 minimum of harm. These restrictions
                                                                       wreckfish in the South Atlantic EEZ.
                                                                                                                                 also apply in the South Atlantic on
                                                                       A person aboard a vessel that has a
                                                                                                                                 board a vessel for which a valid Federal
                                                                       longline on board may not retain a                        commercial or charter vessel/headboat
                                                                       wreckfish in or from the South Atlan-                     permit for South Atlantic snapper-
                                                                       tic EEZ. For the purposes of this para-                   grouper has been issued, i.e., in state or
                                                                       graph, a vessel is considered to have a                   Federal waters.
                                                                       longline on board when a power-oper-                         (4) Nassau grouper may not be har-
                                                                       ated longline hauler, a cable of diame-                   vested or possessed in the South Atlan-
                                                                       ter suitable for use in the longline fish-                tic EEZ or the Gulf EEZ. Nassau group-
                                                                       ery longer than 1.5 mi (2.4 km) on any                    er taken in the South Atlantic EEZ or
                                                                       reel, and gangions are on board. Re-                      the Gulf EEZ incidentally by hook-and-
lpowell on DSK54DXVN1OFR with $$_JOB




                                                                       moval of any one of these three ele-                      line must be released immediately by
                                                                       ments constitutes removal of a                            cutting the line without removing the
                                                                       longline.                                                 fish from the water.

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Fishery Conservation and Management                                                          § 622.182

                                                                         (c) Limited-harvest species. A person                     (vii) Edisto Offshore Reef is bounded
                                                                       who fishes in the EEZ may not com-                        on the north by 32°15.30′ N. lat.; on the
                                                                       bine a harvest limitation specified in                    south by 32°13.90′ N. lat.; on the east by
                                                                       this paragraph (c) with a harvest limi-                   79°50.25′ W. long.; and on the west by
                                                                       tation applicable to state waters. A                      79°51.45′ W. long.
                                                                       species subject to a harvest limitation                     (viii) Hunting Island Reef is bounded
                                                                       specified in this paragraph (c) taken in                  on the north by 32°13.72′ N. lat.; on the
                                                                       the EEZ may not be transferred at sea,                    south by 32°12.30′ N. lat.; on the east by
                                                                       regardless of where such transfer takes                   80°19.23′ W. long.; and on the west by
                                                                       place, and such species may not be                        80°21.00′ W. long.
                                                                       transferred in the EEZ.                                     (ix) Fripp Island Reef is bounded on
                                                                         (1) Cubera snapper. No person may                       the north by 32°15.92′ N. lat.; on the
                                                                       harvest more than two cubera snapper                      south by 32°14.75′ N. lat.; on the east by
                                                                       measuring 30 inches (76.2 cm), TL, or                     80°21.62′ W. long.; and on the west by
                                                                       larger, per day in the South Atlantic                     80°22.90′ W. long.
                                                                       EEZ off Florida and no more than two                        (x) Betsy Ross Reef is bounded on the
                                                                       such cubera snapper in or from the                        north by 32°03.60′ N. lat.; on the south
                                                                       South Atlantic EEZ off Florida may be                     by 32°02.88′ N. lat.; on the east by
                                                                       possessed on board a vessel at any                        80°24.57′ W. long.; and on the west by
                                                                       time.                                                     80°25.50′ W. long.
                                                                         (2) [Reserved]
                                                                                                                                   (xi) Hilton Head Reef/Artificial Reef—T
                                                                       [78 FR 22952, Apr. 17, 2013, as amended at 78             is bounded on the north by 32°00.71′ N.
                                                                       FR 44464, July 24, 2013; 78 FR 78775, Dec. 27,            lat.; on the south by 31°59.42′ N. lat.; on
                                                                       2013]                                                     the east by 80°35.23′ W. long.; and on
                                                                       § 622.182 Gear-restricted areas.                          the west by 80°36.37′ W. long.
                                                                                                                                   (xii) Artificial Reef—A is bounded on
                                                                          (a) Special management zones (SMZs).                   the north by 30°57.4′ N. lat.; on the
                                                                       (1) The SMZs consist of artificial reefs                  south by 30°55.4′ N. lat.; on the east by
                                                                       and surrounding areas as follows:                         81°13.9′ W. long.; and on the west by
                                                                          (i) Paradise Reef is bounded on the                    81°16.3′ W. long.
                                                                       north by 33°31.59′ N. lat.; on the south
                                                                                                                                   (xiii) Artificial Reef—C is bounded on
                                                                       by 33°30.51′ N. lat.; on the east by
                                                                                                                                 the north by 30°52.0′ N. lat.; on the
                                                                       78°57.55′ W. long.; and on the west by
                                                                                                                                 south by 30°50.0′ N. lat.; on the east by
                                                                       78°58.85′ W. long.
                                                                                                                                 81°08.5′ W. long.; and on the west by
                                                                          (ii) Ten Mile Reef is bounded on the
                                                                                                                                 81°10.9′ W. long.
                                                                       north by 33°26.65′ N. lat.; on the south
                                                                       by 33°24.80′ N. lat.; on the east by                        (xiv) Artificial Reef—G is bounded on
                                                                                                                                 the north by 31°00.0′ N. lat.; on the
                                                                       78°51.08′ W. long.; and on the west by
                                                                                                                                 south by 30°58.0′ N. lat.; on the east by
                                                                       78°52.97′ W. long.
                                                                          (iii) Pawleys Island Reef is bounded on                80°56.8′ W. long.; and on the west by
                                                                       the north by 33°26.58′ N. lat.; on the                    80°59.2′ W. long.
                                                                       south by 33°25.76′ N. lat.; on the east by                  (xv) Artificial Reef—F is bounded on
                                                                       79°00.29′ W. long.; and on the west by                    the north by 31°06.8′ N. lat.; on the
                                                                       79°01.24′ W. long.                                        south by 31°04.8′ N. lat.; on the east by
                                                                          (iv) Georgetown Reef is bounded on                     81°10.5′ W. long.; and on the west by
                                                                       the north by 33°14.90′ N. lat.; on the                    81°13.4′ W. long.
                                                                       south by 33°13.85′ N. lat.; on the east by                  (xvi) Artificial Reef—J is bounded on
                                                                       78°59.45′ W. long.; and on the west by                    the north by 31°36.7′ N. lat.; on the
                                                                       79°00.65′ W. long.                                        south by 31°34.7′ N. lat.; on the east by
                                                                          (v) Capers Reef is bounded on the                      80°47.3′ W. long.; and on the west by
                                                                       north by 32°45.45′ N. lat.; on the south                  80°50.1′ W. long.
                                                                       by 32°43.91′ N. lat.; on the east by                        (xvii) Artificial Reef—L is bounded on
                                                                       79°33.81′ W. long.; and on the west by                    the north by 31°46.0′ N. lat.; on the
                                                                       79°35.10′ W. long.                                        south by 31°44.0′ N. lat.; on the east by
                                                                          (vi) Kiawah Reef is bounded on the                     80°34.7′ W. long.; and on the west by
                                                                       north by 32°29.78′ N. lat.; on the south                  80°37.1′ W. long.
lpowell on DSK54DXVN1OFR with $$_JOB




                                                                       by 32°28.25′ N. lat.; on the east by                        (xviii) Artificial Reef—KC is bounded
                                                                       79°59.00′ W. long.; and on the west by                    on the north by 31°51.2′ N. lat.; on the
                                                                       80°00.95′ W. long.                                        south by 31°49.2′ N. lat.; on the east by

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§ 622.182                                                                        50 CFR Ch. VI (10–1–15 Edition)

                                                                       80°45.3′ W. long.; and on the west by                                south by 32°26.90′ N. lat.; on the east by
                                                                       80°47.7′ W. long.                                                    79°18.80′ W. long.; and on the west by
                                                                         (xix) Ft. Pierce Inshore Reef is bound-                            79°19.60′ W. long.
                                                                       ed on the north by 27°26.8′ N. lat.; on                                (xxx) Murrel’s Inlet 60 Foot Reef is
                                                                       the south by 27°25.8′ N. lat.; on the east                           bounded on the north by 33°17.50′ N.
                                                                       by 80°09.24′ W. long.; and on the west by                            lat.; on the south by 33°16.50′ N. lat.; on
                                                                       80°10.36′ W. long.                                                   the east by 78°44.67′ W. long.; and on
                                                                         (xx) Ft. Pierce Offshore Reef is bound-                            the west by 78°45.98′ W. long.
                                                                       ed by rhumb lines connecting, in order,                                (xxxi) Georgetown 95 Foot Reef is
                                                                       the following points:                                                bounded on the north by 33°11.75′ N.
                                                                            Point                   North lat.            West long.        lat.; on the south by 33°10.75′ N. lat.; on
                                                                                                                                            the east by 78°24.10′ W. long.; and on
                                                                       A   ................   27°23.68′              80°03.95′              the west by 78°25.63′ W. long.
                                                                       B   ................   27°22.80′              80°03.60′
                                                                       C   ................   27°23.94′              80°00.02′                (xxxii) New Georgetown 60 Foot Reef is
                                                                       D   ................   27°24.85′              80°00.33′              bounded on the north by 33°09.25′ N.
                                                                       A   ................   27°23.68′              80°03.95′              lat.; on the south by 33°07.75′ N. lat.; on
                                                                                                                                            the east by 78°49.95′ W. long.; and on
                                                                         (xxi) Key Biscayne/Artificial Reef—H is                            the west by 78°51.45′ W. long.
                                                                       bounded on the north by 25°42.82′ N.                                   (xxxiii) North Inlet 45 Foot Reef is
                                                                       lat.; on the south by 25°41.32′ N. lat.; on                          bounded on the north by 33°21.03′ N.
                                                                       the east by 80°04.22′ W. long.; and on                               lat.; on the south by 33°20.03′ N. lat.; on
                                                                       the west by 80°05.53′ W. long.                                       the east by 79°00.31′ W. long.; and on
                                                                         (xxii) Little River Offshore Reef is                               the west by 79°01.51′ W. long.
                                                                       bounded on the north by 33°42.10′ N.
                                                                                                                                              (xxxiv) CJ Davidson Reef is bounded
                                                                       lat.; on the south by 33°41.10′ N. lat.; on
                                                                                                                                            on the north by 33°06.48′ N. lat.; on the
                                                                       the east by 78°26.40′ W. long.; and on
                                                                                                                                            south by 33°05.48′ N. lat.; on the east by
                                                                       the west by 78°27.10′ W. long.
                                                                                                                                            79°00.27′ W. long.; and on the west by
                                                                         (xxiii) BP–25 Reef is bounded on the
                                                                                                                                            79°01.39′ W. long.
                                                                       north by 33°21.70′ N. lat.; on the south
                                                                       by 33°20.70′ N. lat.; on the east by                                   (xxxv) Greenville Reef is bounded on
                                                                       78°24.80′ W. long.; and on the west by                               the north by 32°57.25′ N. lat.; on the
                                                                       78°25.60′ W. long.                                                   south by 32°56.25′ N. lat.; on the east by
                                                                         (xxiv) Vermilion Reef is bounded on                                78°54.25′ W. long.; and on the west by
                                                                       the north by 32°57.80′ N. lat.; on the                               78°55.25′ W. long.
                                                                       south by 32°57.30′ N. lat.; on the east by                             (xxxvi) Charleston 60 Foot Reef is
                                                                       78°39.30′ W. long.; and on the west by                               bounded on the north by 32°33.60′ N.
                                                                       78°40.10′ W. long.                                                   lat.; on the south by 32°32.60′ N. lat.; on
                                                                         (xxv) Cape Romaine Reef is bounded                                 the east by 79°39.70′ W. long.; and on
                                                                       on the north by 33°00.00′ N. lat.; on the                            the west by 79°40.90′ W. long.
                                                                       south by 32°59.50′ N. lat.; on the east by                             (xxxvii) Edisto 60 Foot Reef is bounded
                                                                       79°02.01′ W. long.; and on the west by                               on the north by 32°21.75′ N. lat.; on the
                                                                       79°02.62′ W. long.                                                   south by 32°20.75′ N. lat.; on the east by
                                                                         (xxvi) Y–73 Reef is bounded on the                                 80°04.10′ W. longitude; and on the west
                                                                       north by 32°33.20′ N. lat.; on the south                             by 80°05.70′ W. long.
                                                                       by 32°32.70′ N. lat.; on the east by                                   (xxxviii) Edisto 40 Foot Reef is bound-
                                                                       79°19.10′ W. long.; and on the west by                               ed on the north by 32°25.78′ N. lat.; on
                                                                       79°19.70′ W. long.                                                   the south by 32°24.78′ N. lat.; on the
                                                                         (xxvii) Eagles Nest Reef is bounded on                             east by 80°11.24′ W. long.; and on the
                                                                       the north by 32°01.48′ N. lat.; on the                               west by 80°12.32′ W. long.
                                                                       south by 32°00.98′ N. lat.; on the east by                             (xxxix) Beaufort 45 Foot Reef is bound-
                                                                       80°30.00′ W. long.; and on the west by                               ed on the north by 32°07.65′ N. lat.; on
                                                                       80°30.65′ W. long.                                                   the south by 32°06.65′ N. lat.; on the
                                                                         (xxviii) Bill Perry Jr. Reef is bounded                            east by 80°28.80′ W. long.; and on the
                                                                       on the north by 33°26.20′ N. lat.; on the                            west by 80°29.80′ W. long.
                                                                       south by 33°25.20′ N. lat.; on the east by                             (xl) Artificial Reef—ALT is bounded on
                                                                       78°32.70′ W. long.; and on the west by                               the north by 31°18.6′ N. lat.; on the
lpowell on DSK54DXVN1OFR with $$_JOB




                                                                       78°33.80′ W. long.                                                   south by 31°16.6′ N. lat.; on the east by
                                                                         (xxix) Comanche Reef is bounded on                                 81°07.0′ W. long.; and on the west by
                                                                       the north by 32°27.40′ N. lat.; on the                               81°09.4′ W. long.

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Fishery Conservation and Management                                                                                                              § 622.182

                                                                         (xli) Artificial Reef—CAT is bounded                                                            (xlvii) Artificial Reef—KTK is bounded
                                                                       on the north by 31°40.2′ N. lat.; on the                                                        on the north by 31°31.3′ N. lat.; on the
                                                                       south by 31°38.2′ N. lat.; on the east by                                                       south by 31°29.3′ N. lat.; on the east by
                                                                       80°56.2′ W. long.; and on the west by                                                           80°59.1′ W. long.; and on the west by
                                                                       80°58.6′ W. long.                                                                               81°01.5′ W. long.
                                                                         (xlii) Artificial Reef—CCA is bounded                                                           (xlviii) Artificial Reef—MRY is bound-
                                                                       on the north by 31°43.7′ N. lat.; on the                                                        ed on the north by 30°47.5′ N. lat.; on
                                                                       south by 31°41.7′ N. lat.; on the east by                                                       the south by 30°45.5′ N. lat.; on the east
                                                                       80°40.0′ W. long.; and on the west by
                                                                                                                                                                       by 81°05.5′ W. long.; and on the west by
                                                                       80°42.3′ W. long.
                                                                         (xliii) Artificial Reef—DRH is bounded                                                        81°07.8′ W. long.
                                                                       on the north by 31°18.0′ N. lat.; on the                                                          (xlix) Artificial Reef—SAV is bounded
                                                                       south by 31°16.0′ N. lat.; on the east by                                                       on the north by 31°55.4′ N. lat.; on the
                                                                       80°56.6′ W. long.; and on the west by                                                           south by 31°53.4′ N. lat.; on the east by
                                                                       80°59.0′ W. long.                                                                               80°45.2′ W. long.; and on the west by
                                                                         (xliv) Artificial Reef—DUA is bounded                                                         80°47.6′ W. long.
                                                                       on the north by 31°47.8′ N. lat.; on the                                                          (l) Artificial Reef—SFC is bounded on
                                                                       south by 31°45.8′ N. lat.; on the east by                                                       the north by 31°00.8′ N. lat.; on the
                                                                       80°52.1′ W. long.; and on the west by                                                           south by 30°59.8′ N. lat.; on the east by
                                                                       80°54.5′ W. long.                                                                               81°02.2′ W. long.; and on the west by
                                                                         (xlv) Artificial Reef—DW is bounded                                                           81°03.4′ W. long.
                                                                       on the north by 31°22.8′ N. lat.; on the                                                          (li) Artificial Reef—WW is bounded on
                                                                       south by 31°20.3′ N. lat.; on the east by                                                       the north by 31°43.5′ N. lat.; on the
                                                                       79°49.8′ W. long.; and on the west by                                                           south by 31°42.2′ N. lat.; on the east by
                                                                       79°51.1′ W. long.
                                                                                                                                                                       79°57.7′ W. long.; and on the west by
                                                                         (xlvi) Artificial Reef—KBY is bounded
                                                                                                                                                                       79°59.3′ W. long.
                                                                       on the north by 30°48.6′ N. lat.; on the
                                                                       south by 30°46.6′ N. lat.; on the east by                                                         (2) To determine what restrictions
                                                                       81°15.0′ W. long.; and on the west by                                                           apply in the SMZs listed in paragraph
                                                                       81°17.4′ W. long.                                                                               (a)(1) of this section, follow this table:

                                                                         In SMZs specified in the following paragraphs of this section                                                    These restrictions apply

                                                                       (a)(1)(i) through (x), (a)(1)(xx), and (a)(1)(xxii) through (xxxix) ..                          Use of a powerhead to take South Atlantic snapper-grouper is
                                                                                                                                                                         prohibited.
                                                                                                                                                                       Possession of a powerhead and a mutilated South Atlantic
                                                                                                                                                                         snapper-grouper in, or after having fished in, one of these
                                                                                                                                                                         SMZs constitutes prima facie evidence that such fish was
                                                                                                                                                                         taken with a powerhead in the SMZ. Harvest and possession
                                                                                                                                                                         of a South Atlantic snapper-grouper is limited to the bag-lim-
                                                                                                                                                                         its specified § 622.187(b).
                                                                       (a)(1)(i) through (xviii) and (a)(1)(xxii) through (li) ......................                  Fishing may only be conducted with handline, rod and reel,
                                                                                                                                                                         and spearfishing gear.
                                                                       (a)(1)(i) through (li) ......................................................................   Use of a sea bass pot or bottom longline is prohibited.
                                                                       (a)(1)(xii) through (xviii) and (a)(1)(xl) through (li) ......................                  Possession of South Atlantic snapper-grouper taken with a
                                                                                                                                                                         powerhead is limited to the bag limits specified in
                                                                                                                                                                         § 622.187(b).
                                                                       (a)(1)(xix) and (a)(1)(xx) ..............................................................       A hydraulic or electric reel that is permanently affixed to the
                                                                                                                                                                         vessel is prohibited when fishing for South Atlantic snapper-
                                                                                                                                                                         grouper.
                                                                       (a)(1)(xix) and (a)(1)(xxi) .............................................................       Use of spearfishing gear is prohibited.




                                                                         (b) Longline prohibited areas. A                                                              longline on board that fishes on a trip
                                                                       longline may not be used to fish in the                                                         in the South Atlantic EEZ south of
                                                                       EEZ for South Atlantic snapper-group-                                                           27°10′ N. lat., or north of 27°10′ N. lat.
                                                                       er south of 27°10′ N. lat. (due east of the                                                     where the charted depth is less than 50
                                                                       entrance to St. Lucie Inlet, FL); or                                                            fathoms (91.4 m), is limited on that trip
                                                                       north of 27°10′ N. lat. where the charted                                                       to the bag limit for South Atlantic
                                                                       depth is less than 50 fathoms (91.4 m),                                                         snapper-grouper for which a bag limit
lpowell on DSK54DXVN1OFR with $$_JOB




                                                                       as shown on the latest edition of the                                                           is specified in § 622.187(b), and to zero
                                                                       largest scale NOAA chart of the loca-                                                           for all other South Atlantic snapper-
                                                                       tion. A person aboard a vessel with a

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