cfr_sections
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24 rows where agency = "FWS" and part_number = 697 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 50:50:13.0.1.1.5.1.1.1 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.1 Purpose and scope. | FWS | The regulations in this part are issued under the authority of section 804(b) of the Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. 5101 et seq., and section 6 of the Atlantic Striped Bass Conservation Act Appropriations Authorization, 16 U.S.C. 1851 note, and govern fishing in the EEZ on the Atlantic Coast for species covered by those acts. | |||||
| 50:50:13.0.1.1.5.1.1.10 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.10 Penalties. | FWS | See § 600.735 of this chapter. | |||||
| 50:50:13.0.1.1.5.1.1.11 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.11 Civil procedures. | FWS | The civil procedure regulations at 15 CFR part 904 apply to civil penalties, permit sanctions, seizures, and forfeitures under the Atlantic Striped Bass Conservation Act and the ACFCMA, and to the regulations of this part. | |||||
| 50:50:13.0.1.1.5.1.1.12 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.12 At-sea sea sampler/observer coverage. | FWS | (a) The Regional Administrator may request any vessel issued a Federal limited access American lobster permit to carry a NMFS-approved sea sampler/observer. If requested by the Regional Administrator to carry a sea sampler/observer, a vessel may not engage in any fishing operations in the respective fishery unless a sea sampler/observer is on board, or unless the requirement is waived, as specified in paragraph (c) of this section. (b) If requested in writing by the Regional Administrator to carry a sea sampler/observer, it is the responsibility of the vessel owner to arrange for and facilitate sea sampler/observer placement. Owners of vessels selected for sea sampler/observer coverage must notify the appropriate Regional or Science and Research Administrator, as specified by the Regional Administrator, before commencing any fishing trip that may result in the harvest of resources of the respective fishery. Notification procedures will be specified in election letters to vessel owners. (c) The Regional Administrator may waive in writing the requirement to carry a sea sampler/observer if the facilities on a vessel for housing the sea sampler/observer, or for carrying out sea sampler/observer functions, are so inadequate or unsafe that the health or safety of the sea sampler/observer, or the safe operation of the vessel, would be jeopardized. (d) An owner or operator of a vessel on which a NMFS-approved sea sampler/observer is embarked must: (1) Provide accommodations and food that are equivalent to those provided to the crew. (2) Allow the sea sampler/observer access to and use of the vessel's communications equipment and personnel upon request for the transmission and receipt of messages related to the sea sampler's/observer's duties. (3) Provide true vessel locations, by latitude and longitude or loran coordinates, as requested by the sea sampler/observer, and allow the sea sampler/observer access to and use of the vessel's navigation equipment and personnel upon request to determine the vessel's position.… | |||||
| 50:50:13.0.1.1.5.1.1.2 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.2 Definitions. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 FR 14501, Mar. 13, 2001; 68 FR 14925, Mar. 27, 2003; 68 FR 56790, Oct. 2, 2003; 71 FR 13037, Mar. 14, 2006; 73 FR 58061, Oct. 6, 2008; 74 FR 37549, July 29, 2009; 80 FR 2033, Jan. 15, 2015; 84 FR 4737, Feb. 19, 2019; 84 FR 61579, Nov. 13, 2019; 88 FR 67676, Oct. 2, 2023; 90 FR 38005, Aug. 7, 2025] | (a) In addition to the definitions in the Magnuson-Stevens Act and in §§ 600.10 and 648.2 of this chapter, for the purposes of this part, the following terms have the following meanings: American lobster or lobster means Homarus americanus. Approved TED means any approved TED as defined at § 217.12 of this title. Atlantic Coastal Act means the Atlantic Coastal Fisheries Cooperative Management Act, as amended (16 U.S.C. 5101 et seq. ). Atlantic migratory group cobia, means Rachycentron canadum, a whole fish or a part thereof, bounded by a line extending from the intersection point of New York, Connecticut, and Rhode Island (41°18′16.249″ N lat. and 71°54′28.477″ W long) southeast to 37°22′32.75″ N lat. and the intersection point with the outward boundary of the EEZ and south to a line extending due east of the Florida/Georgia border (30°42′45.6″ N lat.). Atlantic red drum , also called redfish, means Sciaenops ocellatus , or a part thereof, found in the waters of the Atlantic Ocean off the Atlantic coastal states, to the outer boundary of the EEZ, as specified in § 600.10 of this chapter, from the boundary of the United States and Canada, to the boundary between the South Atlantic Fishery Management Council and the Gulf Fishery Management Council, as specified in § 600.105(c) of this chapter. Atlantic striped bass means members of stocks or populations of the species Morone saxatilis found in the waters of the Atlantic Ocean north of Key West, FL. Atlantic sturgeon means members of stocks or populations of the species Acipenser oxyrhynchus. Berried female Jonah crab means a female Jonah crab bearing eggs attached to the abdomen. Berried female lobster means a female American lobster bearing eggs attached to the abdominal appendages. Block Island Southeast Light means the aid to navigation light located at Southeast Point, Block Island, RI, and defined as follows: Located at 40°09.2′ N. lat., 71°33.1′ W. long; is 201 ft (61.3 m) above the water; and is shown from a brick octagonal tower 6… | ||||
| 50:50:13.0.1.1.5.1.1.3 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.3 Relation to other Federal and state laws. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 71 FR 13037, Mar. 14, 2006] | (a) The provisions of sections 307 through 311 of the Magnuson-Stevens Act, as amended, regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement apply with respect to the regulations in this part, as if the regulations in this part were issued under the Magnuson-Stevens Act. (b) The relation of this part to other laws is further set forth in § 600.705 of this chapter and would include all regulations and statutes administered by the National Oceanic and Atmospheric Administration (NOAA), including, but not limited to the regulations in this part issued pursuant to the ACFCMA, the regulations at 50 CFR part 229 issued pursuant to the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA) , and the regulations at 50 CFR part 648 issued pursuant to the Magnuson-Stevens Act. (c) The regulations in this part do not preempt more restrictive state laws, or state enforcement of more restrictive state laws, with respect to weakfish fishing and American lobster fishing. If a requirement of this part and a management measure required by state or local law differ, any vessel owner permitted to fish in the EEZ must comply with the more restrictive requirement or measure. | ||||
| 50:50:13.0.1.1.5.1.1.4 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.4 Vessel permits and trap tags. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 14501, Mar. 13, 2001; 68 FR 14925, Mar. 27, 2003; 71 FR 13037, Mar. 14, 2006; 77 FR 32431, June 1, 2012; 79 FR 19021, Apr. 7, 2014; 84 FR 61579, Nov. 13, 2019; 88 FR 67676, Oct. 2, 2023; 88 FR 67676, Oct. 2, 2023] | (a) Limited access American lobster permit. Any vessel of the United States that fishes for, possesses, or lands American lobster or Jonah crab in or harvested from the EEZ must have been issued and carry on board a valid Federal limited access lobster permit. The requirement in this paragraph (a) does not apply to: Charter, head, and commercial dive vessels that possess 6 or fewer American lobsters per person or 50 Jonah crab per person aboard the vessel if such lobsters or crabs are not intended for, nor used, in trade, barter or sale; recreational fishing vessels; and vessels that fish exclusively in state waters for American lobster or Jonah crab. (1) Eligibility. To be eligible for issuance or renewal of a Federal limited access lobster permit, a vessel must: (i) Have been issued a Federal limited access lobster permit for the preceding fishing year by the last day of such fishing year unless a CPH has been issued as specified in paragraph (a)(5) of this section or unless otherwise authorized by the Regional Administrator; (ii) Be replacing a vessel that was issued a Federal limited access lobster permit for the preceding year; or (iii) Be replacing a vessel issued a CPH. (2) Qualification restriction. Unless the Regional Administrator determines otherwise, no more than one vessel may qualify, at any one time, for a Federal limited access lobster permit based on that or another vessel's fishing and permit history. If more than one vessel owner claims eligibility for a limited access permit, based on one vessel's fishing and permit history, the Regional Administrator will determine who is eligible for the permit or a CPH under paragraph (a)(3) of this section. (3) Change in ownership. The fishing and permit history, and management area designation, when required of a vessel, is presumed to transfer with the vessel whenever it is bought, sold or otherwise transferred, unless there is a written agreement, signed by the transferor/seller and transferee/buyer, or other credible written evidence, ver… | ||||
| 50:50:13.0.1.1.5.1.1.5 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.5 Operator permits. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 84 FR 61579, Nov. 13, 2019] | (a) General. Any operator of a vessel issued a Federal limited access American lobster permit under § 697.4(a), or any operator of a vessel of the United States that fishes for, possesses, or lands American lobsters or Jonah crabs, harvested in or from the EEZ must have been issued and carry on board a valid operator's permit issued under this section. The requirement in this paragraph (a) does not apply to: Charter, head, and commercial dive vessels that possess six or fewer American lobsters per person aboard the vessel if said lobsters are not intended for nor used in trade, barter or sale; recreational fishing vessels; and vessels that fish exclusively in state waters for American lobster. (b) Operator application. Applicants for a permit under this section must submit a completed permit application on an appropriate form obtained from the Regional Administrator. To be complete, an application must contain at least the following information, and any other information specified on the application form or otherwise required by the Regional Administrator: Name, mailing address, and telephone number; date of birth; hair color; eye color; height; weight; social security number (optional) and signature of the applicant. The applicant must also provide two recent (no more than 1 year old) color passport-size photographs. The application must be signed by the applicant and submitted to the Regional Administrator at least 30 days prior to the date on which the applicant desires to have the permit made effective. The Regional Administrator will notify the applicant of any deficiency in the application. (c) Condition. Vessel operators who apply for an operator's permit under this section must agree, as a condition of this permit, that the operator and vessels fishing, catch, crew size, and pertinent gear (without regard to whether such fishing occurs in the EEZ or landward of the EEZ, and without regard to where such fish or gear are possessed, taken, or landed), are subject to all requirements of this part whil… | ||||
| 50:50:13.0.1.1.5.1.1.6 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.6 Dealer permits. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 74 FR 37549, July 29, 2009; 84 FR 61579, Nov. 13, 2019; 88 FR 67677, Oct. 2, 2023] | (a) General. Any person who receives, for a commercial purpose (other than solely for transport on land), American lobster or Jonah crabs from the owner or operator of a vessel issued a valid permit under this part, or any person who receives, for a commercial purpose (other than solely for transport on land), American lobster or Jonah crabs, managed by this part, must have been issued, and have in his/her possession, a valid permit issued under this section. (b) Dealer application. Applicants for a dealer permit under this section must submit a completed permit application on an appropriate form obtained from the Regional Administrator. To be complete, an application must contain at least the following information, and any other information specified on the application form or otherwise required by the Regional Administrator: Company name, place(s) of business, mailing address(es) and telephone number(s); owner's name; dealer permit number (if a renewal); and name and signature of the person responsible for the truth and accuracy of the report. If the dealer is a corporation, a copy of the Certificate of Incorporation; and the names and addresses of all shareholders owning 25 percent or more of the corporation's shares, must be included with the application. If the dealer is a partnership, a copy of the Partnership Agreement and the names and addresses of all partners; if there is more than one partner, names of all partners having more than a 25 percent interest; and name and signature of all partner or partners authorized must be included with the application. The application must be signed by the applicant and submitted to the Regional Administrator at least 30 days prior to the date on which the applicant needs the permit. The Regional Administrator will notify the applicant of any deficiency in the application. (c) Fees. The Regional Administrator may charge a fee to recover the administrative expenses of issuing a permit required under this section. The amount of the fee shall be calculated in acco… | ||||
| 50:50:13.0.1.1.5.1.1.7 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.7 Prohibitions. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 FR 14502, Mar. 13, 2001; 68 FR 56790, Oct. 2, 2003; 71 FR 13037, Mar. 14, 2006; 73 FR 11563, Mar. 4, 2008; 73 FR 58061, Oct. 6, 2008; 74 FR 37551, July 29, 2009; 79 FR 22449, Apr. 22, 2014; 79 FR 19025, Apr. 7, 2014; 79 FR 73852, Dec. 12, 2014; 80 FR 2033, Jan. 15, 2015; 80 FR 69622, Nov. 10, 2015; 84 FR 4737, Feb. 19, 2019; 84 FR 61580, Nov. 13, 2019; 90 FR 38005, Aug. 7, 2025] | (a) Atlantic Coast weakfish fishery. In addition to the prohibitions set forth in § 600.725 of this chapter, it is unlawful for any person to do any of the following: (1) Fish for, harvest, or possess any weakfish less than 12 inches (30.5 cm) in total length (measured as a straight line along the bottom of the fish from the tip of the lower jaw with the mouth closed to the end of the lower tip of the tail) from the EEZ. (2) Retain any weakfish less than 12 inches (30.5 cm) in total length taken in or from the EEZ. (3) Fish for weakfish in the EEZ with a minimum mesh size less than 3 1/4 -inch (8.3 cm) square stretch mesh (as measured between the centers of opposite knots when stretched taut) or 3 3/4 -inch (9.5 cm) diamond stretch mesh for trawls and 2 7/8 -inch (7.3 cm) stretch mesh for gillnets. (4) Possess more than 150 lb (67 kg) of weakfish during any one day or trip, whichever is longer, in the EEZ when using a mesh size less than 3 1/4-inch (8.3 cm) square stretch mesh (as measured between the centers of opposite knots when stretched taut) or 3 3/4-inch (9.5cm) diamond stretch mesh for finfish trawls and 2 7/8-inch (7.3 cm) stretch mesh for gillnets. (5) Fish using a flynet in the EEZ off North Carolina in the area bounded as follows: (i) On the north by a straight line connecting points 35°10.8′ N. lat., 75°29.2′ W. long. (3 nm off Cape Hatteras) and 35°03.5′ N. lat., 75°11.8′ W. long. (20 nm off Cape Hatteras). (ii) The east by a straight line connecting points 35°03.5′ N. lat., 75°11.8′ W. long. (20 nm off Cape Hatteras) and 33°21.1′ N. lat., 77°57.5′ W. long., (about 30 nm off Cape Fear on the extension of the North Carolina/South Carolina state line into the EEZ). (iii) On the south by a straight line connecting points 33°21.1′ N. lat., 77°57.5′ W. long., and 33°48.8′ N. lat., 78°29.7′ W. long. (3 nm off Little River Inlet on the North Carolina/South Carolina state line). (iv) On the west by state waters. (6) Possess any weakfish in the closed area of the EEZ, as described in paragraph… | ||||
| 50:50:13.0.1.1.5.1.1.8 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.8 Vessel identification. | FWS | (a) Vessel name and official number. Each fishing vessel issued a limited access American lobster permit and over 25 ft (7.6 m) in registered length must: (1) Have affixed permanently its name on the port and starboard sides of the bow and, if possible, on its stern. (2) Have its official number displayed on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck so as to be clearly visible from enforcement vessels and aircraft. The official number is the USCG documentation number or the vessel's state registration number for vessels not required to be documented under title 46 U.S.C. (b) Numerals. Except as provided in paragraph (d) of this section, each fishing vessel issued a limited access American lobster permit must display its official number in block arabic numerals in contrasting color at least 18 inches (45.7 cm) in height for fishing vessels over 65 ft (19.8 m) in registered length, and at least 10 inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in registered length. The registered length of a vessel, for purposes of this section, is that registered length set forth in USCG or state records. (c) Duties of owner. The owner of each vessel issued a limited access American lobster permit shall ensure that— (1) The vessel's name and official number are kept clearly legible and in good repair. (2) No part of the vessel, its rigging, its fishing gear, or any other object obstructs the view of the official number from any enforcement vessel or aircraft. (d) Non-permanent marking. Vessels over 25 ft (7.6 m) in registered length, fishing in the EEZ and carrying recreational fishing parties on a per capita basis or by charter must use markings that meet the above requirements, except for the requirement that they be affixed permanently to the vessel. The non-permanent markings must be displayed in conformity with the aforementioned requirements. | |||||
| 50:50:13.0.1.1.5.1.1.9 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | A | Subpart A—General Provisions | § 697.9 Facilitation of enforcement. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 73 FR 67809, Nov. 17, 2008] | (a) General. See § 600.730 of this chapter. (b) Radio hails. Permit holders, while underway, must be alert for communication conveying enforcement instructions and immediately answer via VHF-FM radio, channel 16, when hailed by an enforcement officer. Vessels not required to have VHF-FM radios by the Coast Guard are exempt from this requirement. | ||||
| 50:50:13.0.1.1.5.2.1.1 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.17 Non-trap harvest restrictions. | FWS | [84 FR 61581, Nov. 13, 2019] | (a) Non-trap lobster landing limits. In addition to the prohibitions set forth in § 600.725 of this chapter, it is unlawful for a vessel with any non-trap gear on board capable of catching lobsters, or, that fishes for, takes, catches, or harvests lobster on a fishing trip in or from the EEZ by a method other than traps, to possess, retain on board, or land, in excess of 100 lobsters (or parts thereof), for each lobster day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one trip, unless otherwise restricted by § 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), or (b)(3)(ii) of this chapter or § 697.7(c)(2)(i)(C). (b) Trap prohibition for non-trap lobster harvesters. All persons that fish for, take, catch, or harvest lobsters on a fishing trip in or from the EEZ are prohibited from transferring or attempting to transfer American lobster from one vessel to another vessel. (c) Trap prohibition for non-trap lobster vessels. Any vessel on a fishing trip in the EEZ that fishes for, takes, catches, or harvests lobster by a method other than traps may not possess on board, deploy, fish with, or haul back traps. (d) Non-trap Jonah crab landing limits. In addition to the prohibitions set forth in § 600.725 of this chapter, it is unlawful for a vessel with any non-trap gear on board that fishes for, takes, catches, or harvests Jonah crabs on a fishing trip in or from the EEZ by a method other than traps, to possess, retain on board, or land, in excess of up to 1,000 Jonah crabs (or parts thereof), for each trip, unless otherwise restricted by § 697.7. (e) Restrictions on fishing for, possessing, or landing fish other than Jonah crabs. Vessels are prohibited from possessing or landing Jonah crabs in excess of 50 percent, by weight, of all other species on board. (f) Trap prohibition for non-trap Jonah crab harvesters. All persons that fish for, take, catch, or harvest Jonah crabs on a fishing trip in or from the EEZ are … | ||||
| 50:50:13.0.1.1.5.2.1.10 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.26 EEZ Nearshore Management Area 5 Trap Waiver. | FWS | [66 FR 14502, Mar. 13, 2001] | (a) Eligibility. Vessels eligible for limited access lobster permits under § 697.4(a)(1) and limited access black sea bass permits under § 648.4(a)(7)(i) of this chapter may request an Area 5 Trap Waiver Permit, under the procedures described in § 697.4. (b) Restrictions. A vessel issued an Area 5 Trap Waiver permit under this section may engage in trap fishing for black sea bass in EEZ Nearshore Management Area 5 and is exempt from the provisions of § 697.19 and § 697.21 if such fishing is conducted in accordance with all other provisions of this section and all other Federal and state laws and regulations applicable to lobster and black sea bass fishing. (1) A vessel issued a permit under this section may retain, land and sell an incidental allowance of lobster equal to the non-trap harvest restrictions specified in § 697.17(a). (2) A vessel issued a permit under this section may not possess on board or deploy bait or baited traps. | ||||
| 50:50:13.0.1.1.5.2.1.11 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.27 Trap transferability. | FWS | [79 FR 19026, Apr. 7, 2014, as amended at 88 FR 67681, Oct. 2, 2023] | (a) Federal lobster permit holders may elect to participate in a program that allows them to transfer trap allocation to other participating Federal lobster permit holders, subject to the following conditions: (1) Participation requirements. To be eligible to participate in the Federal Trap Transfer Program: (i) An individual must possess a valid Federal lobster permit; and (ii) If the individual is dually permitted with both Federal and state lobster licenses, the individual must agree to synchronize his or her state and Federal allocations in each area for which there is an allocation. This synchronization shall be set at the lower of the state or Federal allocation in each area. This provision does not apply to Areas 1 and 6 as neither area have a Federal trap allocation. (iii) Individuals participating in the Lobster Management Area 1 trap fishery may participate in the Trap Transfer Program, but doing so may result in forfeiture of future participation in the Area 1 trap fishery as follows: (A) Area 1 fishers may accept, receive, or purchase trap allocations up to their Area 1 trap limit identified in § 697.19 and fish with that allocation both in Area 1 and the other area or areas subject to the restrictive provisions of § 697.3 and § 697.4(a)(7)(v). (B) Area 1 fishers with trap allocations in Areas 2, 3, and/or the Outer Cape Area may transfer away or sell any portion of that allocation, but, in so doing, the Area 1 fisher shall forfeit any right to fish in Area 1 with traps in the future. (2) Trap allocation transfers. Trap allocation transfers will be allowed subject to the following conditions: (i) State/Federal alignment. Participants with dual state and Federal permits may participate in the Trap Transfer Program each year, but their state and Federal trap allocations must be aligned as required in paragraph (a)(1)(ii) of this section at the start and close of each trap transfer period. (ii) Eligible traps. Buyers and sellers may only transfer trap allocations from Lobster Management … | ||||
| 50:50:13.0.1.1.5.2.1.12 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.28 Atlantic migratory group cobia. | FWS | [84 FR 4738, Feb. 19, 2019, as amended at 86 FR 61717, Nov. 8, 2021] | (a) Fishing year. The fishing year for Atlantic migratory cobia is January 1 through December 31. (b) Authorized gear. Subject to the prohibitions on gear/methods in § 697.7, the following are the only fishing gears that may be used for cobia in the EEZ of the Atlantic migratory group—automatic reel, bandit gear, handline, rod and reel, pelagic longline, and spear (including powerheads). (c) Size limits. All size limits in this section are minimum size limits. Atlantic migratory group cobia not in compliance with its size limit, as specified in this section, in or from the EEZ, may not be possessed, sold, or purchased. A fish not in compliance with its size limit must be released immediately with a minimum of harm. The operator of a vessel that fishes in the EEZ is responsible for ensuring that fish on board are in compliance with the size limits specified in this section. If a size limit in paragraph (c)(1) or (2) of this section differs from a size limit from an Atlantic state(s), then any vessel operator in the EEZ must comply with the more restrictive requirement or measure when in the waters off that state. (1) 33 inches (83.8), fork length, for cobia that are sold (commercial sector). (2) 36 inches (91.4 cm), fork length, for cobia that are not sold (recreational sector). (d) Landing fish intact. Atlantic migratory group cobia in the EEZ, must be maintained with head and fins intact. Such fish may be eviscerated, gilled, and scaled, but must otherwise be maintained in a whole condition. The operator of a vessel that fishes in the EEZ is responsible for ensuring that fish on that vessel in the EEZ are maintained intact and, if taken from the EEZ, are maintained intact through offloading ashore, as specified in this section. (e) Bag and possession limits. If a bag and/or possession limit in paragraph (e)(1) or (2) of this section differs from a bag and/or possession limit from an Atlantic state(s), then any vessel operator in the EEZ must comply with the more restrictive requirement or measure… | ||||
| 50:50:13.0.1.1.5.2.1.2 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.18 Lobster management areas. | FWS | [88 FR 67677, Oct. 2, 2023] | The following lobster management areas are established for purposes of implementing the management measures specified in this part. (A copy of a chart showing the American lobster EEZ management areas is available upon request to the Office of the Regional Administrator, NMFS, 55 Great Republic Drive, Gloucester, MA 01930.) (a) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area 1 includes state and federal waters nearshore in the Gulf of Maine that are bounded on the west and north by the coastlines of Massachusetts (including the southwestern extent of the Cape Cod Canal), New Hampshire, and Maine, bounded on the east by the U.S.-Canada Maritime Boundary, and bounded on the southeast by the following points connected in the order listed by straight lines: Table 1 to Paragraph ( a ) (1) Point A is intended to fall on the U.S./Canada Maritime Boundary. (b) EEZ Nearshore Management Area 2. EEZ Nearshore Management Area 2 includes state and federal waters nearshore in Southern New England that are bounded on the north by the coastlines of Massachusetts (including the northeastern extent of the Cape Cod Canal) and Rhode Island, and bounded on all other sides by the following points connected in the order listed by straight lines: Table 2 to Paragraph ( b ) (1) From Point K, the EEZ Nearshore Management Area 2 follows the maritime boundary between Connecticut and Rhode Island to the coastal Connecticut/Rhode Island boundary. (c) Area 2/3 Overlap. The Area 2/3 Overlap is defined by the area, comprised entirely of Federal waters, bounded by straight lines connecting the following points, in the order stated: Table 3 to Paragraph ( c ) (d) EEZ Offshore Management Area 3. EEZ Offshore Management Area 3 is defined by the area, comprised entirely of Federal waters, bounded by straight lines connecting the following points, in the order stated: Table 4 to Paragraph ( d ) (1) Point A is intended to fall on the U.S.-Canada Maritime Boundary (2) From Point R back to Point A along the outer limit … | ||||
| 50:50:13.0.1.1.5.2.1.3 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.19 Trap limits and trap tag requirements for vessels fishing with lobster traps. | FWS | [79 FR 19025, Apr. 7, 2014, as amended at 80 FR 2035, Jan. 15, 2015] | (a) Area 1 trap limits. The Area 1 trap limit is 800 traps. Federally permitted lobster fishing vessels shall not fish with, deploy in, possess in, or haul back more than 800 lobster traps in Area 1. (b) Area 2 trap limits. The Area 2 trap limit is 800 traps. Federally permitted lobster fishing vessels may only fish with traps that have been previously qualified and allocated into Area 2 by the Regional Administrator, as part of the Federal Area 2 Limited Access Program. This allocation may be modified by trap cuts and/or trap transfers, but in no case shall the allocation exceed the trap limit. (c) Area 3 trap limits. The Area 3 trap limit is 1,945 traps. Federally permitted lobster fishing vessels may only fish with traps that have been previously qualified and allocated into Area 3 by the Regional Administrator, as part of the Federal Area 3 Limited Access Program. This allocation may be modified by trap cuts and/or trap transfers, but in no case shall the allocation exceed the trap limit. (d) Area 4 trap limits. The Area 4 trap limit is 1,440 traps. Federally permitted lobster fishing vessels may only fish with traps that have been previously qualified and allocated into Area 4 by the Regional Administrator, as part of the Federal Area 4 Limited Access Program. This allocation may be modified by trap cuts and/or trap transfers, but in no case shall the allocation exceed the trap limit. (e) Area 5 trap limits. The Area 5 trap limit is 1,440 traps, unless the vessel is operating under an Area 5 Trap Waiver permit issued under § 697.26. Federally permitted lobster fishing vessels may only fish with traps that have been previously qualified and allocated into Area 5 by the Regional Administrator, as part of the Federal Area 5 Limited Access Program. This allocation may be modified by trap cuts and/or trap transfers, but in no case shall the allocation exceed the trap limit. (f) Outer Cape Area. The Outer Cape Area trap limit is 800 traps. Federally permitted lobster fishing vessels may only fish … | ||||
| 50:50:13.0.1.1.5.2.1.4 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.20 Size, harvesting and landing requirements. | FWS | [71 FR 13038, Mar. 14, 2006, as amended at 72 FR 56942, Oct. 5, 2007; 74 FR 37551, July 29, 2009; 80 FR 2036, Jan. 15, 2015; 84 FR 61581, Nov. 13, 2019; 88 FR 67679, Oct. 2, 2023] | (a) Minimum lobster carapace length. (1) The minimum lobster carapace length for all American lobsters harvested in or from the EEZ Nearshore Management Area 1 or the EEZ Nearshore Management Area 6 is 3 1/4 inches (8.26 cm). (2) The minimum lobster carapace length for all American lobsters landed, harvested, or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in the Nearshore Management Area 1 or the EEZ Nearshore Management Area 6 is 3 3 1/4 inches (8.26 cm). (3) The minimum lobster carapace length for all American lobsters harvested in or from the EEZ Nearshore Management Area 2, 4, 5 and the Outer Cape Lobster Management Area is 3 3/8 inches (8.57 cm). (4) The minimum lobster carapace length for all American lobsters landed, harvested or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in EEZ Nearshore Management Area 2, 4, 5 and the Outer Cape Lobster Management Area is 3 3/8 inches (8.57 cm). (5) The minimum carapace length for all American lobsters harvested in or from the Offshore Management Area 3 is 3 17/32 inches (8.97 cm). (6) The minimum carapace length for all American lobsters landed, harvested, or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in EEZ Offshore Management Area 3 is 3 17/32 inches (8.97 cm). (7) No person may ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live American lobster that is smaller than the minimum size specified in paragraph (a) of this section. (b) Maximum lobster carapace length. (1) The maximum lobster carapace length for all American lobster harvested in or from the EEZ Nearshore Management Area 1 is 5 inches (12.7 cm). (2) The maximum lobster carapace length for all American lobster landed, harvested, or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in the E… | ||||
| 50:50:13.0.1.1.5.2.1.5 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.21 Gear identification and marking, escape vent, maximum trap size, and ghost panel requirements. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 14502, Mar. 13, 2001; 71 FR 13039, Mar. 14, 2006; 72 FR 56942, Oct. 5, 2007; 86 FR 52023, Sept. 17, 2021; 88 FR 67679, Oct. 2, 2023] | (a) Gear identification and marking. All lobster gear deployed or possessed in the EEZ, or, deployed or possessed by a person on or from a vessel issued a Federal limited access American lobster permit, and not permanently attached to the vessel must be legibly and indelibly marked with the following: (1) Identification and trap tagging. Lobster gear must be marked with a trap tag (as specified in § 697.19) with the following code of identification: (i) A number assigned by the Regional Administrator; or (ii) Whatever positive identification marking is required by the vessel's home-port state. (2) [Reserved] (b) Deployment and gear configuration. In the areas of the EEZ described in paragraph (b)(4) of this section, lobster trap trawls are to be displayed and configured as follows: (1) Lobster trap trawls of three or fewer traps deployed in the EEZ must be attached to and marked with a single buoy. (2) With the exception of Maine permitted vessels fishing in Maine Lobster Management Zones that can fish up to ten lobster traps on a trawl with one buoy line, lobster trap trawls consisting of more than three traps must have a radar reflector and a single flag or pennant on the westernmost end (marking the half compass circle from magnetic south through west, to and including north), while the easternmost end (meaning the half compass circle from magnetic north through east, to and including south) of an American lobster trap trawl must be configured with a radar reflector only. Standard tetrahedral corner radar reflectors of at least 8 inches (20.32 cm) (both in height and width, and made from metal) must be employed. (A copy of a diagram showing a standard tetrahedral corner radar reflector is available upon request to the Office of the Greater Atlantic Regional Administrator.) (3) No American lobster trap trawl shall exceed 1.5 nautical miles (2.78 km) in length, as measured from radar reflector to radar reflector, except in the EEZ Offshore Management Area 3 where the maximum length of a lobster tra… | ||||
| 50:50:13.0.1.1.5.2.1.6 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.22 Exempted fishing. | FWS | [68 FR 56791, Oct. 2, 2003, as amended at 71 FR 13039, Mar. 14, 2006; 73 FR 58061, Oct. 6, 2008] | The Regional Administrator or Director may exempt any person or vessel from the requirements of this part for the conduct of exempted fishing beneficial to the management of the American lobster, weakfish, Atlantic red drum, Atlantic striped bass, Atlantic sturgeon, or horseshoe crab resource or fishery, pursuant to the provisions of § 600.745 of this chapter. (a) The Regional Administrator or Director may not grant such exemption unless it is determined that the purpose, design, and administration of the exemption is consistent with the objectives of any applicable stock rebuilding program, the provisions of the Atlantic Coastal Act, the Magnuson-Stevens Act, and other applicable law, and that granting the exemption will not: (1) Have a detrimental effect on the American lobster, weakfish, Atlantic red drum, Atlantic striped bass, Atlantic sturgeon, or horseshoe crab resource or fishery; or (2) Create significant enforcement problems. (b) Each vessel participating in any exempted fishing activity is subject to all provisions of this part, except those explicitly relating to the purpose and nature of the exemption. The exemption will be specified in a letter issued by the Regional Administrator or Director to each vessel participating in the exempted activity. This letter must be carried aboard the vessel seeking the benefit of such exemption. Exempted fishing activity shall be authorized pursuant to and consistent with § 600.745 of this chapter. (c) The Regional Administrator, or the Director, as appropriate, may authorize a substitute vessel to haul ashore the lobster trap gear of an inoperable or mechanically-impaired federally permitted lobster vessel without having to engage in the exempted fishing process as specified in this section. | ||||
| 50:50:13.0.1.1.5.2.1.7 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.23 Restricted gear areas. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 88 FR 67679, Oct. 2, 2023] | (a) Resolution of lobster gear conflicts with fisheries managed under the Magnuson-Stevens Act shall be done under provisions of § 648.55 of this chapter. (b) Restricted Gear Area I —(1) Duration —(i) Mobile Gear. From October 1 through June 15 of each fishing year, no fishing vessel with mobile gear or person on a fishing vessel with mobile gear may fish, or be, in Restricted Gear Area I, as defined in paragraph (b)(2) of this section, unless transiting only, provided that all mobile gear is on board the vessel while inside the area. (ii) Lobster trap gear. From June 16 through September 30 of each fishing year, no fishing vessel with lobster trap gear or person on a fishing vessel with lobster trap gear may fish, and no lobster trap gear may be deployed or remain, in Restricted Gear Area I as defined in paragraph (b)(2) of this section. (2) Definition of Restricted Gear Area I. Restricted Gear Area I is defined by the following points connected in the order listed by straight lines (points followed by an asterisk are shared with an adjacent Restricted Gear Area): Table 1 to Paragraph (b)(2) (c) Restricted Gear Area II —(1) Duration —(i) Mobile Gear. From November 27 through June 15 of each fishing year, no fishing vessel with mobile gear or person on a fishing vessel with mobile gear may fish, or be, in Restricted Gear Area II (as defined in paragraph (c)(2) of this section) unless transiting only, provided that all mobile gear is on board the vessel while inside the area. (ii) Lobster trap gear. From June 16 through November 26 of each fishing year, no fishing vessel with lobster trap gear or person on a fishing vessel with lobster trap gear may fish, and no lobster trap gear may be deployed or remain, in Restricted Gear Area II as defined in paragraph (c)(2) of this section. (2) Definition of Restricted Gear Area II. Restricted Gear Area II is defined by the following points connected in the order listed by straight lines (points followed by an asterisk are shared with an adjacent Rest… | ||||
| 50:50:13.0.1.1.5.2.1.8 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.24 Exempted waters for Maine State American lobster permits. | FWS | [88 FR 67681, Oct. 2, 2023] | A person or vessel holding a valid permit or license issued by the State of Maine that lawfully permits that person to engage in commercial fishing for American lobster may, with the approval of the State of Maine, engage in commercial fishing for American lobsters in the following areas designated as EEZ, if such fishing is conducted in such waters in accordance with all other applicable Federal and State regulations: (a) West of Monhegan Island in the Federal waters located north of the line from 43°42.17′ N lat., 69°34.27′ W long. to 43°42.25′ N lat., 69°19.30′ W long. (b) East of Monhegan Island in the federal waters located northwest of the line from 43°44′ N lat., 69°15.08′ W long. to 43°48.17′ N lat., 69°8.02′ W long. (c) South of Vinalhaven in the federal waters located west of the line from 43°52.61′ N lat., 68°40.00′ W long. to 43°58.12′ N lat., 68°32.95′ W long. (d) South of Boris Bubert Island in the federal waters located northwest of the line from 44°19.27′ N lat., 67°49.50′ W long. to 44°23.67′ N lat., 67°40.50′ W long. | ||||
| 50:50:13.0.1.1.5.2.1.9 | 50 | Wildlife and Fisheries | VI | 697 | PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT | B | Subpart B—Management Measures | § 697.25 Adjustment to management measures. | FWS | [64 FR 68248, Dec. 6, 1999, as amended at 68 FR 14931, Mar. 27, 2003] | (a) On or before February 15, 2001, and annually on or before February 15, thereafter, NMFS may, after consultation with the Commission, publish a proposed rule to implement additional or different management measures for Federal waters in any of the management areas specified in § 697.18 if it is determined such measures are necessary to achieve or be compatible with ISFMP objectives, or the ISFMP, to be consistent with the national standards of the Magnuson-Stevens Act, or to meet overfishing and rebuilding requirements of the Magnuson-Stevens Act. These management measures may include, but are not limited to, continued reductions of fishing effort or numbers of traps, increases in minimum or decreases in maximum size, increases in the escape vent size, decreases in the lobster trap size, closed areas, closed seasons, landing limits, trip limits and other management area-specific measures as may be identified and recommended by the Commission prior to December 1 of the previous year. After considering public comment, NMFS may publish a final rule to implement any such measures. (b) Conservation equivalency measures. The Regional Administrator may consider future recommendations for modifications to Federal regulations based on conservation equivalency for American lobster that are formally submitted to him/her in writing by the ASMFC. These recommendations must, for consideration by the Regional Administrator, contain the following supporting information: (1) A description of how Federal regulations should be modified; (2) An explanation of how the recommended measure(s) would achieve a level of conservation benefits for the resource equivalent to the applicable Federal regulations; (3) An explanation of how Federal implementation of the conservation equivalent measure(s) would achieve ISFMP objectives, be consistent with the Magnuson-Stevens Act national standards, and be compatible with the effective implementation of the ISFMP; and (4) A detailed analysis of the biological, economic, and social impact… |
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