Code of Federal Regulations (alpha)

CFR /  Title 50  /  Part 660  /  Sec. 660.212 Fixed gear fishery--prohibitions.

These prohibitions are specific to the limited entry fixed gear fisheries and to the limited entry trawl fishery Shorebased IFQ Program under gear switching. General groundfish prohibitions are found at Sec. 660.12, subpart C. In addition to the general groundfish prohibitions specified in Sec. 660.12, subpart C, it is unlawful for any person to:

(a) General. (1) Possess, deploy, haul, or carry onboard a fishing vessel subject to subparts C and E a set net, trap or pot, longline, or commercial vertical hook-and-line as defined at Sec. 660.11, subpart C, that is not in compliance with the gear restrictions in Sec. 660.230, subpart E, unless such gear is the gear of another vessel that has been retrieved at sea and made inoperable or stowed in a manner not capable of being fished. The disposal at sea of such gear is prohibited by Annex V of the International Convention for the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).

(1) Possess, deploy, haul, or carry onboard a fishing vessel subject to subparts C and E a set net, trap or pot, longline, or commercial vertical hook-and-line as defined at Sec. 660.11, subpart C, that is not in compliance with the gear restrictions in Sec. 660.230, subpart E, unless such gear is the gear of another vessel that has been retrieved at sea and made inoperable or stowed in a manner not capable of being fished. The disposal at sea of such gear is prohibited by Annex V of the International Convention for the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).

(2) Take, retain, possess, or land more than a single cumulative limit of a particular species, per vessel, per applicable cumulative limit period, except for sablefish taken in the limited entry, fixed gear sablefish primary season from a vessel authorized to fish in that season, as described at Sec. 660.231 and except for IFQ species taken in the Shorebased IFQ Program from a vessel authorized under gear switching provisions as described at Sec. 660.140(k).

(b) Recordkeeping and reporting. Fail to retain on board a vessel from which sablefish caught in the sablefish primary season is landed, and provide to an authorized officer upon request, copies of any and all reports of sablefish landings against the sablefish-endorsed permit's tier limit, or receipts containing all data, and made in the exact manner required by the applicable state law throughout the sablefish primary season during which such landings occurred and for 15 days thereafter.

(c) Fishing in conservation areas--(1) Operate a vessel registered to a limited entry permit with a longline, trap (pot), or trawl endorsement and longline and/or trap gear onboard in an applicable GCA (as defined at Sec. 660.230(d)), except for purposes of continuous transiting, with all groundfish longline and/or trap gear stowed in accordance with Sec. 660.212(a) or except as authorized in the groundfish management measures at Sec. 660.230.

(1) Operate a vessel registered to a limited entry permit with a longline, trap (pot), or trawl endorsement and longline and/or trap gear onboard in an applicable GCA (as defined at Sec. 660.230(d)), except for purposes of continuous transiting, with all groundfish longline and/or trap gear stowed in accordance with Sec. 660.212(a) or except as authorized in the groundfish management measures at Sec. 660.230.

(2) Fish with bottom contact gear (as defined in Sec. 660.11, subpart C) within the EEZ in the following areas (defined in Sec. Sec. 660.78 and 660.79, subpart C): Thompson Seamount, President Jackson Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk Point, Footprint, Gull Island, South Point, and Santa Barbara.

(3) Fish with bottom contact gear (as defined in Sec. 660.11, subpart C), or any other gear that is deployed deeper than 500-fm (914-m), within the Davidson Seamount area (defined in Sec. 660.75, subpart C).

(d) Sablefish fisheries. (1) Take, retain, possess or land sablefish under the tier limits provided for the limited entry, fixed gear sablefish primary season, described in Sec. 660.231(b)(3), from a vessel that is not registered to a limited entry permit with a sablefish endorsement:

(1) Take, retain, possess or land sablefish under the tier limits provided for the limited entry, fixed gear sablefish primary season, described in Sec. 660.231(b)(3), from a vessel that is not registered to a limited entry permit with a sablefish endorsement:

(2) Take, retain, possess or land sablefish in the sablefish primary season, described at Sec. 660.231(b), subpart E, unless the owner of the limited entry permit registered for use with that vessel and authorizing the vessel to fish in the sablefish primary season is on board that vessel. Exceptions to this prohibition are provided at Sec. 660.231(b)(4)(i) and (ii).

(3) Process sablefish taken at-sea in the limited entry fixed gear sablefish primary fishery defined at Sec. 660.231, from a vessel that does not have a sablefish at-sea processing exemption, described at Sec. 660.25(b)(6)(i). [75 FR 60897, Oct. 1, 2010, as amended at 75 FR 78427, Dec. 15, 2010; 76 FR 53838, Aug. 30, 2011; 76 FR 74746, Dec. 1, 2011]