(a) General prohibitions. It is unlawful for any person to do any of the following:
(1) Violate any provision of this part, the Magnuson-Stevens Act, or any regulation, notice, or permit issued under the Magnuson-Stevens Act, or any other statute administered by NOAA.
(2) Assist, aid, or abet in the commission of any act prohibited by the Magnuson-Stevens Act; or any regulation, notice, or permit issued under the Magnuson-Stevens Act; or any other statute administered by NOAA.
(3) Fail to report to the Regional Administrator within 15 days any change in the information contained in any permit or permit application.
(4) Falsify or fail to affix and maintain vessel markings as required by Sec. 648.8.
(5) Make any false statement or provide any false information on, or in connection with, an application, declaration, record or report under this part.
(6) Fail to comply in an accurate and timely fashion with the log report, reporting, record retention, inspection, or other requirements of Sec. 648.7, or submit or maintain false information in records and reports required to be kept or filed under Sec. 648.7.
(7) Possess, import, export, transfer, land, or have custody or control of any species of fish regulated pursuant to this part that do not meet the minimum size provisions in this part, unless such species were harvested exclusively within state waters by a vessel not issued a permit under this part or whose permit has been surrendered in accordance with applicable regulations.
(8) Fail to comply with any sea turtle conservation measure specified in 50 CFR parts 222 and 223, including any sea turtle conservation measure implemented by notification in the Federal Register.
(9) Violate any provision of an in-season action to adjust trip limits, gear usage, season, area access and/or closure, or any other measure authorized by this part.
(10) Food safety program. (i) Purchase, receive for a commercial purpose other than transport to a testing facility, or process; or attempt to purchase, receive for commercial purpose other than transport to a testing facility; or process, outside Maine, ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone, except at a facility participating in an overall food safety program, operated by the official state agency having jurisdiction, that utilizes food safety-based procedures including sampling and analyzing for PSP toxin consistent with procedures used by the State of Maine for such purpose.
(i) Purchase, receive for a commercial purpose other than transport to a testing facility, or process; or attempt to purchase, receive for commercial purpose other than transport to a testing facility; or process, outside Maine, ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone, except at a facility participating in an overall food safety program, operated by the official state agency having jurisdiction, that utilizes food safety-based procedures including sampling and analyzing for PSP toxin consistent with procedures used by the State of Maine for such purpose.
(ii) Land ocean quahogs outside Maine that are harvested in or from the EEZ within the Maine mahogany quahog zone, except at a facility participating in an overall food safety program, operated by the official state agency having jurisdiction, that utilizes food safety-based procedures including sampling and analyzing for PSP toxin consistent with procedures used by the State of Maine for such purpose.
(iii)--(iv) [Reserved]
(v) Fish for, harvest, catch, possess, or attempt to fish for, harvest, catch, or possess Atlantic surfclams and ocean quahogs from the reopened portion of the Georges Bank Closed Area, as defined in Sec. 648.76(a)(4), unless issued a Letter of Authorization, and fishing under the appropriate VMS declaration and under the terms and conditions of the PSP testing protocol, as specified in Sec. 648.76(a)(4)(i).
(b) Vessel and operator permits. It is unlawful for any person to do any of the following:
(1) Fish for, take, catch, harvest or land any species of fish regulated by this part in or from the EEZ, unless the vessel has a valid and appropriate permit issued under this part and the permit is on board the vessel and has not been surrendered, revoked, or suspended.
(2) Alter, erase, or mutilate any permit issued under this part or any document submitted in support of an application for any such permit.
(3) Operate or act as operator of a vessel that fishes for or possesses any species of fish regulated by this part, or that is issued a vessel permit pursuant to this part, without having been issued and possessing a valid operator's permit.
(4) Fish for, possess, or land species regulated under this part with or from a vessel that is issued a limited access or moratorium permit under Sec. 648.4(a) and that has had the horsepower or length overall of such vessel or its replacement upgraded or increased in excess of the limitations specified in Sec. 648.4(a)(1)(i)(E) and (F).
(5) Fish for, take, catch, harvest or land any species of fish regulated by this part for which the vessel is eligible to possess under a limited access or moratorium permit prior to the time the vessel has been reissued the applicable limited access or moratorium permit by NMFS.
(6) Attempt to replace a limited access or moratorium fishing vessel, as specified at Sec. 648.4(a)(1)(i)(E), more than once during a permit year, unless the vessel has been rendered permanently inoperable.
(7) Purchase, possess, or receive from a vessel for a commercial purpose, other than solely for transport on land, any species of fish for which a vessel permit is required under this part, unless the vessel possesses a valid vessel permit issued under this part.
(8) Transfer, remove, or offload, for a commercial purpose; or attempt to transfer, remove, land, or offload, for a commercial purpose; at sea, any species regulated under this part, unless the transferring vessel has been issued and carries on board a valid LOA from the Regional Administrator, or is otherwise exempted, and the receiving vessel has been issued and has on board a valid Federal permit for the species that is being transferred.
(9) Fish for, possess, or retain fish, during a fishing trip, aboard a Federally permitted vessel that, in the absence of an emergency, has not been operating under its own power for the entire trip.
(c) Dealer permits. It is unlawful for any person to do any of the following:
(1) Purchase, possess or receive for a commercial purpose; or attempt to purchase, possess or receive for a commercial purpose; other than solely for transport on land, any species regulated under this part unless in possession of a valid dealer permit issued under this part, except that this prohibition does not apply to species that are purchased or received from a vessel not issued a permit under this part that fished exclusively in state waters, or pursuant to the Sec. 648.17 NAFO Regulatory Area exemptions.
(2) Sell, barter, trade, or transfer; or attempt to sell, barter, trade, or transfer; other than solely for transport on land, any Atlantic herring, multispecies, or monkfish from a vessel that fished for such species in the EEZ, unless the dealer or transferee has a valid dealer permit issued under Sec. 648.6. A person who purchases and/or receives Atlantic herring at sea for his own personal use as bait, and does not have purse seine, mid-water trawl, pelagic gillnet, sink gillnet, or bottom trawl gear on board, is exempt from the requirement to possess an Atlantic herring dealer permit.
(d) VMS. It is unlawful for any person to do any of the following:
(1) Tamper with, damage, destroy, alter, or in any way distort, render useless, inoperative, ineffective, or inaccurate the VMS, VMS unit, or VMS signal required to be installed on or transmitted by vessel owners or operators required to use a VMS by this part.
(2) Fail to submit the appropriate VMS activity code for the intended activity at the appropriate time, in accordance with Sec. 648.10.
(3) Fail to comply with the appropriate VMS reporting requirements, as specified in Sec. 648.10.
(e) Observer program. It is unlawful for any person to do any of the following:
(1) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment, threat, or coercion any NMFS-approved observer or sea sampler conducting his or her duties; any authorized officer conducting any search, inspection, investigation, or seizure in connection with enforcement of this part; any official designee of the Regional Administrator conducting his or her duties, including those duties authorized in Sec. 648.7(g).
(2) Refuse to carry onboard a vessel an observer or sea sampler if requested to do so by the Regional Administrator or the Regional Administrator's designee.
(3) Fail to provide information, notification, accommodations, access, or reasonable assistance to either a NMFS-approved observer or sea sampler conducting his or her duties aboard a vessel as specified in Sec. 648.11.
(4) Submit false or inaccurate data, statements, or reports.
(f) Research and experimental fishing. It is unlawful for any person to violate any terms of a letter authorizing experimental fishing pursuant to Sec. 648.12 or fail to keep such letter on board the vessel during the period of the experiment.
(g) Squid, mackerel, and butterfish--(1) All persons. Unless participating in a research activity as described in Sec. 648.22(g), it is unlawful for any person to do any of the following:
(1) All persons. Unless participating in a research activity as described in Sec. 648.22(g), it is unlawful for any person to do any of the following:
(i) Possession and landing. Take, retain, possess, or land more mackerel, squid or butterfish than specified under, or after the effective date of, a notification issued under Sec. 648.22.
(ii) Transfer and purchase. (A) Purchase or otherwise receive for a commercial purpose; other than solely for transport on land; mackerel, squid, or butterfish caught by a vessel that has not been issued a Federal mackerel, squid, and butterfish vessel permit, unless the vessel fishes exclusively in state waters.
(A) Purchase or otherwise receive for a commercial purpose; other than solely for transport on land; mackerel, squid, or butterfish caught by a vessel that has not been issued a Federal mackerel, squid, and butterfish vessel permit, unless the vessel fishes exclusively in state waters.
(B) Transfer longfin squid, Illex, or butterfish within the EEZ, unless the vessels participating in the transfer have been issued a valid longfin squid and butterfish or Illex moratorium permit and are transferring species for which the vessels are permitted, or have a valid squid/butterfish incidental catch permit and the appropriate LOA from the Regional Administrator.
(2) Vessel and operator permit holders. Unless participating in a research activity as described in Sec. 648.22(g), it is unlawful for any person owning or operating a vessel issued a valid mackerel, squid, and butterfish fishery permit, or issued an operator's permit, to do any of the following:
(i) General requirement. Fail to comply with any measures implemented pursuant to Sec. 648.22.
(ii) Possession and landing. (A) Possess more than the incidental catch allowance of longfin or butterfish, unless issued a longfin squid and butterfish fishery moratorium permit.
(A) Possess more than the incidental catch allowance of longfin or butterfish, unless issued a longfin squid and butterfish fishery moratorium permit.
(B) Possess more than the incidental catch allowance of Illex squid, unless issued an Illex squid moratorium permit.
(C) Possess more than the incidental catch allowance of mackerel, unless issued a Limited Access mackerel permit.
(D) Take, retain, possess, or land mackerel, squid, or butterfish in excess of a possession limit specified in Sec. 648.26.
(E) Possess more than 2,500 lb (1.13 mt) of butterfish, unless the vessel meets the minimum mesh requirements specified in Sec. 648.23(a).
(F) Take, retain, possess, or land mackerel after a total closure specified under Sec. 648.24(b)(1).
(G) Fish for, possess, transfer, receive, or sell; or attempt to fish for, possess, transfer, receive, or sell; more than 20,000 lb (9.08 mt) of mackerel per trip; or land, or attempt to land more than 20,000 lb (9.08 mt) of mackerel per day after 95 percent of the river herring and shad cap has been harvested, if the vessel holds a valid mackerel permit.
(iii) Gear and vessel requirements. (A) Fish with or possess nets or netting that do not meet the gear requirements for Atlantic mackerel, longfin squid, Illex, or butterfish specified in Sec. 648.23(a); or that are modified, obstructed, or constricted, if subject to the minimum mesh requirements, unless the nets or netting are stowed and not available for immediate use as defined in Sec. 648.2 or the vessel is fishing under an exemption specified in Sec. 648.23(a)(3)(ii).
(A) Fish with or possess nets or netting that do not meet the gear requirements for Atlantic mackerel, longfin squid, Illex, or butterfish specified in Sec. 648.23(a); or that are modified, obstructed, or constricted, if subject to the minimum mesh requirements, unless the nets or netting are stowed and not available for immediate use as defined in Sec. 648.2 or the vessel is fishing under an exemption specified in Sec. 648.23(a)(3)(ii).
(B) Fish for, retain, or possess Atlantic mackerel in or from the EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall and 750 GRT, or a shaft horsepower (shp) of 3,000 shp, except for the retention and possession of Atlantic mackerel for processing by a vessel holding a valid at-sea processor permit pursuant to Sec. 648.6(a)(2). It shall be presumed that the Atlantic mackerel on board were harvested in or from the EEZ, unless the preponderance of reliable evidence available indicates otherwise.
(C) Enter or fish in the mackerel, squid, and butterfish bottom trawling restricted areas, as described in Sec. 648.23(a)(4).
(D) If fishing with midwater trawl or purse seine gear, fail to comply with the requirements of Sec. 648.80(d) and (e).
(iv) Observer requirements for longfin squid fishery. Fail to comply with any of the provisions specified in Sec. 648.27.
(v) Reporting requirements in the limited access Atlantic mackerel and longfin squid/butterfish moratorium fisheries. (A) Fail to declare via VMS into the mackerel or longfin squid/butterfish fisheries by entering the fishery code prior to leaving port at the start of each trip to harvest, possess, or land Atlantic mackerel or longfin squid, if a vessel has been issued a Limited Access Atlantic mackerel permit or longfin squid/butterfish moratorium permit, pursuant to Sec. 648.10.
(A) Fail to declare via VMS into the mackerel or longfin squid/butterfish fisheries by entering the fishery code prior to leaving port at the start of each trip to harvest, possess, or land Atlantic mackerel or longfin squid, if a vessel has been issued a Limited Access Atlantic mackerel permit or longfin squid/butterfish moratorium permit, pursuant to Sec. 648.10.
(B) Fail to notify NMFS Office of Law Enforcement through VMS of the time and place of offloading at least 6 hr prior to arrival, or, if fishing ends less than 6 hours before arrival, immediately upon leaving the fishing grounds, if a vessel has been issued a Limited Access Atlantic mackerel permit, pursuant to Sec. 648.10.
(vi) Slip catch, as defined at Sec. 648.2, unless for one of the reasons specified at Sec. 648.11(n)(3)(i) if issued a limited access Atlantic mackerel permit, or a longfin squid/butterfish moratorium permit.
(vii) For vessels with a limited access Atlantic mackerel permits, fail to move 15 nm (27.8 km), as required by Sec. 648.11(n)(3)(iii).
(viii) For vessels with a limited access Atlantic mackerel permit, fail to immediately return to port as required by Sec. 648.11(n)(3)(iv).
(ix) Fail to complete, sign, and submit a Released Catch Affidavit if fish are released pursuant to the requirements at Sec. 648.11(n)(3)(ii).
(x) Fail to report or fail to accurately report a slippage event on the VMS mackerel and longfin squid daily catch report, as required by Sec. 648.11(n)(3)(ii).
(3) Charter/party restrictions. Unless participating in a research activity as described in Sec. 648.22(g), it is unlawful for the owner and operator of a party or charter boat issued a mackerel, squid, and butterfish fishery permit (including a moratorium permit), when the boat is carrying passengers for hire, to do any of the following:
(i) Violate any recreational fishing measures established pursuant to Sec. 648.22(d).
(ii) Sell or transfer mackerel, squid, or butterfish to another person for a commercial purpose.
(iii) Carry passengers for hire while fishing commercially under a mackerel, squid, and butterfish fishery permit.
(4) Presumption. For purposes of this part, the following presumption applies: All mackerel and butterfish possessed on board a party or charter boat issued a mackerel, squid, and butterfish fishery permit are deemed to have been harvested from the EEZ.
(h) Atlantic salmon. Unless participating in a research activity as described in Sec. 648.22(g), it is unlawful for any person to do any of the following:
(1) Possession and landing. (i) Use any vessel of the United States for taking, catching, harvesting, fishing for, or landing any Atlantic salmon taken from or in the EEZ. It shall be presumed that the Atlantic salmon on board were harvested in or from the EEZ, unless the preponderance of reliable evidence available indicates otherwise.
(i) Use any vessel of the United States for taking, catching, harvesting, fishing for, or landing any Atlantic salmon taken from or in the EEZ. It shall be presumed that the Atlantic salmon on board were harvested in or from the EEZ, unless the preponderance of reliable evidence available indicates otherwise.
(ii) Transfer, directly or indirectly; or attempt to transfer, directly or indirectly; to any vessel any Atlantic salmon taken in or from the EEZ.
(2) [Reserved]
(i) Atlantic sea scallops--(1) All persons. It is unlawful for any person to do any of the following:
(1) All persons. It is unlawful for any person to do any of the following:
(i) Permit requirement. Fish for, possess, or land, scallops without the vessel having been issued and carrying onboard a valid scallop permit in accordance with Sec. 648.4(a)(2), unless the scallops were harvested by a vessel that has not been issued a Federal scallop permit and fishes for scallops exclusively in state waters.
(ii) Gear and crew requirements. Have a shucking or sorting machine on board a vessel while in possession of more than 600 lb (272.2 kg) of shucked scallops, unless that vessel has not been issued a scallop permit and fishes exclusively in state waters.
(iii) Possession and landing. (A) Fish for or land per trip, or possess at any time prior to a transfer to another person for a commercial purpose, other than solely for transport on land:
(1) In excess of 40 lb (18.1 kg) of shucked scallops at any time, 5 bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops seaward of the VMS Demarcation Line, unless:
(i) The scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters.
(ii) The scallops were harvested by a vessel that has been issued and carries on board a limited access scallop permit and is properly declared into the scallop DAS or Area Access program.
(iii) The scallops were harvested by a vessel that has been issued and carries on board an IFQ scallop permit and is properly declared into the IFQ scallop fishery or is properly declared into the NE multispecies, Atlantic surfclam or quahog fishery, or other fishery requiring a VMS declaration, and is not fishing in a sea scallop access area.
(iv) The scallops were harvested by a vessel that has been issued and carries on board an NGOM or IFQ scallop permit, and is properly declared into the NGOM scallop management area, and the NGOM TAC specified in Sec. 648.62 has been harvested.
(v) [Reserved]
(2) In excess of 200 lb (90.7 kg) of shucked scallops at any time, 25 bu (8.8 hL) of in-shell scallops inside the VMS Demarcation Line, or 50 bu (17.6 hL) of in-shell scallops seaward of the VMS Demarcation Line, unless:
(i) The scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters.
(ii) The scallops were harvested by a vessel that has been issued and carries on board a limited access scallop permit and is properly declared into the scallop DAS or Area Access program.
(iii) The scallops were harvested by a vessel that has been issued and carries on board an IFQ scallop permit issued pursuant to Sec. 648.4(a)(2)(ii)(A), is fishing outside of the NGOM scallop management area, and is properly declared into the general category scallop fishery or is properly declared into the NE multispecies, or Atlantic surfclam or quahog fishery, or other fishery requiring a VMS declaration, and is not fishing in a sea scallop access area.
(iv) The scallops were harvested by a vessel that has been issued and carries on board a scallop permit and the vessel is fishing in accordance with the provisions of the state waters exemption program specified in Sec. 648.54.
(v) [Reserved]
(3) In excess of 600 lb (272.2 kg) of shucked scallops at any time, 75 bu (26.4 hL) of in-shell scallops per trip South of 4220 N. Lat. and shoreward of the VMS Demarcation Line or 100 bu (35.2 hL) in-shell scallops South of 4220 N. Lat. and seaward of the VMS Demarcation Line, unless:
(i) The scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters.
(ii) The scallops were harvested by a vessel that has been issued and carries on board a limited access scallop permit issued pursuant to Sec. 648.4(a)(2)(i) and is properly declared into the scallop DAS or Area Access program.
(iii) The scallops were harvested by a vessel that has been issued and carries on board a scallop permit and the vessel is fishing in accordance with the provisions of the state waters exemption program specified in Sec. 648.54.
(iv) The scallops were harvested by a vessel that has been issued and carries on board an IFQ scallop permit, is carrying an at-sea observer, and is authorized by the Regional Administrator to have, and the vessel does not exceed, an increased possession limit to compensate for the cost of carrying the observer.
(iv) Transfer and purchase. (A) Land, offload, remove, or otherwise transfer; or attempt to land, offload, remove or otherwise transfer; scallops from one vessel to another, unless that vessel has not been issued a scallop permit and fishes exclusively in state waters.
(A) Land, offload, remove, or otherwise transfer; or attempt to land, offload, remove or otherwise transfer; scallops from one vessel to another, unless that vessel has not been issued a scallop permit and fishes exclusively in state waters.
(B) Sell, barter, or trade, or otherwise transfer scallops from a vessel; or attempt to sell, barter or trade, or otherwise transfer scallops from a vessel; for a commercial purpose, unless the vessel has been issued a valid scallop permit pursuant to Sec. 648.4(a)(2), or the scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters.
(C) Purchase, possess, or receive for commercial purposes; or attempt to purchase or receive for commercial purposes; scallops from a vessel other than one issued a valid limited access or LAGC scallop permit, unless the scallops were harvested by a vessel that has not been issued a Federal scallop permit and fishes for scallops exclusively in state waters.
(D) Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any scallops harvested from the EEZ by a vessel issued a Federal scallop permit, unless the transferee has a valid scallop dealer permit.
(E) Fish for, possess, or retain scallops in Federal waters of the NGOM management area on a vessel that has been issued and carries on board a NGOM permit and has declared into the state waters fishery of the NGOM management area.
(v) Ownership cap. Have an ownership interest in more than 5 percent of the total number of vessels issued limited access scallop permits and confirmations of permit history, except as provided in Sec. 648.4(a)(2)(i)(M).
(vi) Closed area requirements. (A) Fish for scallops in, or possess or land scallops from, the areas specified in Secs. 648.58 and 648.61.
(A) Fish for scallops in, or possess or land scallops from, the areas specified in Secs. 648.58 and 648.61.
(B) Transit or be in the areas described in Secs. 648.58 or 648.61 in possession of scallops, except when all fishing gear is not available for immediate use as defined in Sec. 648.2, or unless there is a compelling safety reason to be in such areas.
(vii) Scallop sectors. Fail to comply with any of the requirements or restrictions for general category scallop sectors specified in Sec. 648.63.
(viii) Scallop research. Fail to comply with any of the provisions specified in Sec. 648.56.
(ix) Observer program. (A) Refuse, or fail, to carry onboard an observer after being requested to by the Regional Administrator or the Regional Administrator's designee.
(A) Refuse, or fail, to carry onboard an observer after being requested to by the Regional Administrator or the Regional Administrator's designee.
(B) Fail to provide information, notification, accommodations, access, or reasonable assistance to a NMFS-approved observer conducting his or her duties aboard a vessel, as specified in Sec. 648.11.
(C) Fail to comply with the notification, observer services procurement, and observer services payment requirements of the sea scallop observer program specified in Sec. 648.11(g).
(x) Presumption. For purposes of this section, the following presumption applies: Scallops that are possessed or landed at or prior to the time when the scallops are received by a dealer, or scallops that are possessed by a dealer, are deemed to be harvested from the EEZ, unless the preponderance of evidence demonstrates that such scallops were harvested by a vessel without a scallop permit and fishing exclusively for scallops in state waters.
(2) Limited access scallop vessel permit holders. It is unlawful for any person owning or operating a vessel issued a limited access scallop permit under Sec. 648.4(a)(2) to do any of the following:
(i) Minimum shell height. Land, or possess at or after landing, in-shell scallops smaller than the minimum shell height specified in Sec. 648.50(a).
(ii) Vessel, gear, and crew restrictions. (A) Possess more than 40 lb (18.1 kg) of shucked, or 5 bu (1.76 hL) of in-shell scallops, or participate in the scallop DAS or Area Access programs, while in the possession of trawl nets that have a maximum sweep exceeding 144 ft (43.9 m), as measured by the total length of the footrope that is directly attached to the webbing of the net, except as specified in Sec. 648.51(a)(1), unless the vessel is fishing under the Northeast multispecies or monkfish DAS program.
(A) Possess more than 40 lb (18.1 kg) of shucked, or 5 bu (1.76 hL) of in-shell scallops, or participate in the scallop DAS or Area Access programs, while in the possession of trawl nets that have a maximum sweep exceeding 144 ft (43.9 m), as measured by the total length of the footrope that is directly attached to the webbing of the net, except as specified in Sec. 648.51(a)(1), unless the vessel is fishing under the Northeast multispecies or monkfish DAS program.
(B) While under or subject to the DAS allocation program, in possession of more than 40 lb (18.1 kg) of shucked scallops or 5 bu (1.76 hL) of in-shell scallops, or fishing for scallops in the EEZ:
(1) Fish with, or have available for immediate use, trawl nets of mesh smaller than the minimum size specified in Sec. 648.51(a)(2).
(2) Fail to comply with any chafing gear or other gear obstruction restrictions specified in Sec. 648.51(a)(3).
(3) Fail to comply with the turtle deflector dredge vessel gear restrictions specified in Sec. 648.51(b)(5), and turtle dredge chain mat requirements in Sec. 223.206(d)(11) of this title.
(4) Fish under the small dredge program specified in Sec. 648.51(e), with, or while in possession of, a dredge that exceeds 10.5 ft (3.2 m) in overall width, as measured at the widest point in the bail of the dredge.
(5) Fish under the small dredge program specified in Sec. 648.51(e) with more persons on board the vessel, including the operator, than specified in Sec. 648.51(e)(3), unless otherwise authorized by the Regional Administrator.
(6) Participate in the DAS allocation program with more persons on board the vessel than the number specified in Sec. 648.51(c), including the operator, when the vessel is not docked or moored in port, unless otherwise authorized by the Regional Administrator.
(7) Fish in the Mid-Atlantic Access Area, as described in Sec. 648.59(a), with more persons on board the vessel than the number specified in Sec. 648.51(c) or Sec. 648.51(e)(3)(i), unless otherwise authorized by the Regional Administrator.
(8) Have a shucking or sorting machine on board a vessel that shucks scallops at sea while fishing under the DAS allocation program, unless otherwise authorized by the Regional Administrator.
(9) Fish with, possess on board, or land scallops while in possession of trawl nets, when fishing for scallops under the DAS allocation program, unless exempted as provided for in Sec. 648.51(f).
(10) Fail to comply with the gear restrictions described in Sec. 648.51.
(iii) Possession and landing. (A) Land scallops after using up the vessel's annual DAS allocation or land scallops on more than one trip per calendar day when not participating under the DAS allocation program pursuant to Sec. 648.10, unless exempted from DAS allocations as provided in the state waters exemption, specified in Sec. 648.54.
(A) Land scallops after using up the vessel's annual DAS allocation or land scallops on more than one trip per calendar day when not participating under the DAS allocation program pursuant to Sec. 648.10, unless exempted from DAS allocations as provided in the state waters exemption, specified in Sec. 648.54.
(B) Fish for, possess, or land more than 50 bu (17.62 hL) of in-shell scallops once inside the VMS Demarcation Line on or by a vessel that, at any time during the trip, fished in or transited any area south of 4220 N. lat; or fished in any Sea Scallop Area Access Program specified in Sec. 648.60, except as provided in the state waters exemption, as specified in Sec. 648.54.
(C) Fish for or land per trip, or possess at any time, scallops in the NGOM scallop management area after notification in the Federal Register that the NGOM scallop management area TAC has been harvested, as specified in Sec. 648.62, unless the vessel possesses or lands scallops that were harvested south of 4220 N. lat. and the vessel only transits the NGOM scallop management area with the vessel's fishing gear properly stowed and not available for immediate use in accordance with Sec. 648.2 or unless the vessel is fishing exclusively in state waters and is participating in an approved state waters exemption program as specified in Sec. 648.54.
(D) Fish for, possess, or land yellowtail flounder from a vessel on a scallop fishing trip.
(iv) DAS. (A) Fish for, possess, or land scallops after using up the vessel's annual DAS allocation and Access Area trip allocations, or when not properly declared into the DAS or an Area Access program pursuant to Sec. 648.10, unless the vessel has been issued an LAGC scallop permit pursuant to Sec. 648.4(a)(2)(ii) and is lawfully fishing in a LAGC scallop fishery, unless exempted from DAS allocations as provided in state waters exemption, specified in Sec. 648.54.
(A) Fish for, possess, or land scallops after using up the vessel's annual DAS allocation and Access Area trip allocations, or when not properly declared into the DAS or an Area Access program pursuant to Sec. 648.10, unless the vessel has been issued an LAGC scallop permit pursuant to Sec. 648.4(a)(2)(ii) and is lawfully fishing in a LAGC scallop fishery, unless exempted from DAS allocations as provided in state waters exemption, specified in Sec. 648.54.
(B) Combine, transfer, or consolidate DAS allocations, except as allowed for one-for-one Access Area trip exchanges as specified in Sec. 648.60(a)(3)(ii).
(C) Fail to comply with any requirement for declaring in or out of the DAS allocation program or other notification requirements specified in Sec. 648.10.
(D) Fail to comply with any requirements for declaring out of the DAS allocation program and steaming to land scallops at ports located at or south of 39 N. lat., as specified in Sec. 648.53(f)(3).
(E) Possess on board or land in-shell scallops if declaring out of the DAS allocation program and steaming to land scallops at ports located at or south of 39 N. lat.
(v) VMS requirements. (A) Fail to have an approved, operational, and functioning VMS unit that meets the specifications of Sec. 648.9 on board the vessel at all times, unless the vessel is not subject to the VMS requirements specified in Sec. 648.10.
(A) Fail to have an approved, operational, and functioning VMS unit that meets the specifications of Sec. 648.9 on board the vessel at all times, unless the vessel is not subject to the VMS requirements specified in Sec. 648.10.
(B) If the vessel is not subject to VMS requirements specified in Sec. 648.10(b), fail to comply with the requirements of the call-in system specified in Sec. 648.10(c).
(C) If a limited access scallop vessel declares a scallop trip before first crossing the VMS Demarcation Line, but not necessarily from port, in accordance with Sec. 648.10(f), fail to declare out of the fishery in port and have fishing gear not available for immediate use as defined in Sec. 648.2, until declared into the scallop fishery.
(D) Once declared into the scallop fishery in accordance with Sec. 648.10(f), change its VMS declaration until the trip has ended and scallop catch has been offloaded, except as specified at Sec. 648.53(f)(3).
(E) Fail to submit a scallop access area pre-landing notification form through VMS as specified at Sec. 648.10(f)(4)(iii).
(vi) Scallop access area program. (A) Fail to comply with any of the provisions and specifications of Sec. 648.60.
(A) Fail to comply with any of the provisions and specifications of Sec. 648.60.
(B)-(C) [Reserved]
(D) Possess more than 50 bu (17.6 hL) of in-shell scallops outside the boundaries of a Sea Scallop Access Area by a vessel that is declared into the Area Access Program as specified in Sec. 648.60.
(E) Fish for, possess, or land scallops in or from any Sea Scallop Access Area without an observer on board, unless the vessel owner, operator, or manager has received a waiver to carry an observer for the specified trip and area fished.
(F)-(G) [Reserved]
(vii) State waters exemption program. Fail to comply with any requirement for participating in the State Waters Exemption Program specified in Sec. 648.54.
(viii) Fish for scallops in, or possess scallops or land scallops from, the yellowtail flounder accountability measure closed areas specified in Sec. 648.64 during the period specified in the notice announcing the closure and based on the closure table specified in Sec. 648.64.
(ix) Fish for scallops west of 71 W. long., outside of the Sea Scallop Access Areas, with gear that does not meet the specifications described in Sec. 648.65 during the period specified in the notice announcing the windowpane flounder accountability measure gear restricted area described in Sec. 648.65.
(3) LAGC scallop vessels. It is unlawful for any person owning or operating a vessel issued an LAGC scallop permit to do any of the following:
(i) Permit requirements. (A) Fail to comply with the LAGC scallop permit restrictions as specified in Sec. 648.4(a)(2)(ii)(G) through (O).
(A) Fail to comply with the LAGC scallop permit restrictions as specified in Sec. 648.4(a)(2)(ii)(G) through (O).
(B) Fish for, possess, or land scallops on a vessel that is declared out of scallop fishing unless the vessel has been issued an Incidental scallop permit, or is an IFQ scallop vessel that is properly declared into the IFQ scallop, NE multispecies, Atlantic surfclam or quahog, or other fishery requiring a VMS declaration.
(ii) Gear requirements. (A) Possess or use trawl gear that does not comply with any of the provisions or specifications in Sec. 648.51(a), unless the vessel is fishing under the Northeast multispecies or monkfish DAS program.
(A) Possess or use trawl gear that does not comply with any of the provisions or specifications in Sec. 648.51(a), unless the vessel is fishing under the Northeast multispecies or monkfish DAS program.
(B) Possess or use dredge gear that does not comply with any of the provisions or specifications in Sec. 648.51(b).
(iii) Possession and landing. (A) Land scallops more than once per calendar day.
(A) Land scallops more than once per calendar day.
(B) Possess in-shell scallops while in possession of the maximum allowed amount of shucked scallops specified for each LAGC scallop permit category in Sec. 648.52.
(C) Declare into the NGOM scallop management area after the effective date of a notification published in the Federal Register stating that the NGOM scallop management area TAC has been harvested as specified in Sec. 648.62, unless the vessel is fishing exclusively in state waters, declared a state-waters only NGOM trip, and is participating in an approved state waters exemption program as specified in Sec. 648.54.
(D) Fish for, possess, or land scallops in or from the NGOM scallop management area after the effective date of a notification published in the Federal Register that the NGOM scallop management area TAC has been harvested, as specified in Sec. 648.62, unless the vessel possesses or lands scallops that were harvested south of 4220 N. lat., the vessel is transiting the NGOM scallop management area, and the vessel's fishing gear is properly stowed and not available for immediate use in accordance with Sec. 648.2 or unless the vessel is fishing exclusively in state waters, declared a state-waters only NGOM trip, and is participating in an approved state waters exemption program as specified in Sec. 648.54.
(iv) VMS requirements. (A) Fail to comply with any of the VMS requirements specified in Secs. 648.10, 648.60, or 648.62.
(A) Fail to comply with any of the VMS requirements specified in Secs. 648.10, 648.60, or 648.62.
(B) Fail to comply with any requirement for declaring in or out of the LAGC scallop fishery or other notification requirements specified in Sec. 648.10(b).
(C) If an LAGC scallop vessel declares a scallop trip shoreward of the VMS Demarcation Line, but not necessarily from port, in accordance with Sec. 648.10(f), fail to declare out of the fishery in port and have fishing gear not available for immediate use as defined in Sec. 648.2, until declared into the scallop fishery.
(D) Once declared into the scallop fishery in accordance with Sec. 648.10(f), change its VMS declaration until the trip has ended and scallop catch has been offloaded.
(v) Scallop access area program. (A) Fail to comply with any of the requirements specified in Sec. 648.60.
(A) Fail to comply with any of the requirements specified in Sec. 648.60.
(B) Declare into or leave port for an area specified in Sec. 648.59(b) through (d) after the effective date of a notification published in the Federal Register stating that the number of LAGC trips have been taken, as specified in Sec. 648.60.
(C) [Reserved]
(D) Fish for, possess, or land scallops in or from any Sea Scallop Access Area without an observer on board, unless the vessel owner, operator, or manager has received a waiver to carry an observer for the specified trip and area fished.
(vi) Sectors. Fail to comply with any of the requirements and restrictions for General Category sectors and harvesting cooperatives specified in Sec. 648.63.
(4) IFQ scallop permit. It is unlawful for any person owning or operating a vessel issued an IFQ scallop permit to do any of the following:
(i) Possession and landing. (A) Fish for or land per trip, or possess at any time, in excess of 600 lb (272.2 kg) of shucked, or 75 bu (26.4 hL) of in-shell scallops per trip, or 100 bu (35.2 hL) in-shell scallops seaward of the VMS Demarcation Line, unless the vessel is carrying an observer as specified in Sec. 648.11 and an increase in the possession limit is authorized by the Regional Administrator and not exceeded by the vessel, as specified in Secs. 648.52(g) and 648.60(d).
(A) Fish for or land per trip, or possess at any time, in excess of 600 lb (272.2 kg) of shucked, or 75 bu (26.4 hL) of in-shell scallops per trip, or 100 bu (35.2 hL) in-shell scallops seaward of the VMS Demarcation Line, unless the vessel is carrying an observer as specified in Sec. 648.11 and an increase in the possession limit is authorized by the Regional Administrator and not exceeded by the vessel, as specified in Secs. 648.52(g) and 648.60(d).
(B) Fish for or land per trip, or possess at any time, in excess of 200 lb (90.7 kg) of shucked or 25 bu (8.8 hL) of in-shell scallops in the NGOM scallop management area, unless the vessel is seaward of the VMS Demarcation Line and in possession of no more than 50 bu (17.6 hL) of in-shell scallops, or when the vessel is not declared into the NGOM scallop management area and is transiting the NGOM scallop management area with gear properly stowed and unavailable for immediate use in accordance with Sec. 648.23.
(C) Declare into the NGOM scallop management area after the effective date of a notification published in the Federal Register stating that the NGOM scallop management area TAC has been harvested as specified in Sec. 648.62, unless the vessel is fishing exclusively in state waters, declared a state-waters only NGOM trip, and is participating in an approved state waters exemption program as specified in Sec. 648.54.
(D) Possess more than 100 bu (35.2 hL) of in-shell scallops seaward of the VMS Demarcation Line and not be participating in the Access Area Program, or possess or land per trip more than 50 bu (17.6 hL) of in-shell scallops shoreward of the VMS Demarcation Line, unless exempted from DAS allocations as provided in Sec. 648.54.
(E) [Reserved]
(F) Fish for, possess, or land scallops in excess of a vessel's IFQ.
(G) Fish for, possess, or land more than 40 lb (18.1 kg) of shucked scallops, or 5 bu (1.76 hL) of in-shell scallops shoreweard of the VMS Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops seaward of the VMS Demarcation Line, when the vessel is not declared into the IFQ scallop fishery, unless the vessel is fishing in compliance with all of the requirements of the State waters exemption program, specified at Sec. 648.54.
(H) Land scallops more than once per calendar day.
(ii) Owner and allocation cap. (A) Have an ownership interest in vessels that collectively are allocated more than 5 percent of the total IFQ scallop ACL as specified in Sec. 648.53(a)(5)(ii) and (iii).
(A) Have an ownership interest in vessels that collectively are allocated more than 5 percent of the total IFQ scallop ACL as specified in Sec. 648.53(a)(5)(ii) and (iii).
(B) Have an IFQ allocation on an IFQ scallop vessel of more than 2.5 percent of the total IFQ scallop ACL as specified in Sec. 648.53(a)(4)(i).
(iii) IFQ Transfer Program. (A) Apply for an IFQ transfer that will result in the transferee having an aggregate ownership interest in more than 5 percent of the total IFQ scallop ACL.
(A) Apply for an IFQ transfer that will result in the transferee having an aggregate ownership interest in more than 5 percent of the total IFQ scallop ACL.
(B) Apply for an IFQ transfer that will result in the receiving vessel having an IFQ allocation in excess of 2.5 percent of the total IFQ scallop ACL as specified in Sec. 648.53(a)(4)(i).
(C) Fish for, possess, or land transferred IFQ prior to approval of the transfer by the Regional Administrator as specified in Sec. 648.53(h)(5).
(D)-(F) [Reserved]
(G) Transfer scallop IFQ to, or receive scallop IFQ from, a vessel that has not been issued a valid IFQ scallop permit.
(iv) Cost Recovery Program. Fail to comply with any of the cost recovery requirements specified under Sec. 648.53(g)(4).
(5) NGOM scallop permit. It is unlawful for any person owning or operating a vessel issued an NGOM scallop permit to do any of the following:
(i) Declare into, or fish for or possess scallops outside of the NGOM Scallop Management Area as defined in Sec. 648.62.
(ii) Fish for or land per trip, or possess at any time, in excess of 200 lb (90.7 kg) of shucked or 25 bu (8.81 hL) of in-shell scallops in or from the NGOM scallop management area, or seaward of the VMS Demarcation Line more than 50 bu (17.6 hL) of in-shell scallops.
(iii) Fish for, possess, or land scallops in state or Federal waters of the NGOM management area after the effective date of notification in the Federal Register that the NGOM scallop management area TAC has been harvested as specified in Sec. 648.62, unless the vessel is fishing exclusively in state waters, declared a state-waters only NGOM trip, and is participating in an approved state waters exemption program as specified in Sec. 648.54.
(iv) Fish for, possess, or retain scallops in Federal waters of the NGOM after declaring a trip into NGOM state waters.
(6) Incidental scallop permit. It is unlawful for any person owning or operating a vessel issued an Incidental scallop permit to fish for, possess, or retain, more than 40 lb (18.1 kg) of shucked scallops, or 5 bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops while seaward of the VMS Demarcation Line.
(j) Atlantic surfclam and ocean quahog. It is unlawful for any person to do any of the following:
(1) Possession and landing. (i) Fish for surfclams or ocean quahogs in any area closed to surfclam or ocean quahog fishing.
(i) Fish for surfclams or ocean quahogs in any area closed to surfclam or ocean quahog fishing.
(ii) Shuck surfclams or ocean quahogs harvested in or from the EEZ at sea, unless permitted by the Regional Administrator under the terms of Sec. 648.74.
(iii) Fish for, retain, or land both surfclams and ocean quahogs in or from the EEZ on the same trip.
(iv) Fish for, retain, or land ocean quahogs in or from the EEZ on a trip designated as a surfclam fishing trip under Sec. 648.15(b); or fish for, retain, or land surfclams in or from the EEZ on a trip designated as an ocean quahog fishing trip under Sec. 648.15(b).
(v) Fail to offload any surfclams or ocean quahogs harvested in the EEZ from a trip discontinued pursuant to Sec. 648.15(b) prior to commencing fishing operations in waters under the jurisdiction of any state.
(vi) Land or possess any surfclams or ocean quahogs harvested in or from the EEZ without having been issued, or in excess of, an individual allocation.
(2) Transfer and purchase. (i) Receive for a commercial purpose other than solely for transport on land, surfclams or ocean quahogs harvested in or from the EEZ, whether or not they are landed under an allocation under Sec. 648.70, unless issued a dealer/processor permit under this part.
(i) Receive for a commercial purpose other than solely for transport on land, surfclams or ocean quahogs harvested in or from the EEZ, whether or not they are landed under an allocation under Sec. 648.70, unless issued a dealer/processor permit under this part.
(ii) Transfer any surfclams or ocean quahogs harvested in or from the EEZ to any person for a commercial purpose, other than solely for transport on land, without a surfclam or ocean quahog processor or dealer permit.
(iii) Offload unshucked surfclams or ocean quahogs harvested in or from the EEZ outside the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages.
(3) Gear and tags requirements. (i) Alter, erase, mutilate, duplicate or cause to be duplicated, or steal any cage tag issued under this part.
(i) Alter, erase, mutilate, duplicate or cause to be duplicated, or steal any cage tag issued under this part.
(ii) Produce, or cause to be produced, cage tags required under this part without written authorization from the Regional Administrator.
(iii) Tag a cage with a tag that has been rendered null and void or with a tag that has been previously used.
(iv) Tag a cage of surfclams with an ocean quahog cage tag, or tag a cage of ocean quahogs with a surfclam cage tag.
(v) Possess an empty cage to which a cage tag required by Sec. 648.75 is affixed, or possess any cage that does not contain surfclams or ocean quahogs and to which a cage tag required by Sec. 648.75 is affixed.
(vi) Land or possess, after offloading, any cage holding surfclams or ocean quahogs without a cage tag or tags required by Sec. 648.75, unless the person can demonstrate the inapplicability of the presumptions set forth in Sec. 648.75(h).
(vii) Sell null and void tags.
(4) VMS requirements. (i) Fail to maintain an operational VMS unit as specified in Sec. 648.9, and comply with any of the notification requirements specified in Sec. 648.15(b) including:
(i) Fail to maintain an operational VMS unit as specified in Sec. 648.9, and comply with any of the notification requirements specified in Sec. 648.15(b) including:
(A) Fish for, land, take, possess, or transfer surfclams or ocean quahogs under an open access surfclam or ocean quahog permit without having provided proof to the Regional Administrator that the vessel has a fully functioning VMS unit on board the vessel and declared a surfclam, ocean quahog, or Maine mahogany quahog fishing activity code via the VMS unit prior to leaving port as specified at Sec. 648.15(b).
(B) Fish for, land, take, possess, or transfer ocean quahogs under a limited access Maine mahogany quahog permit without having provided proof to the Regional Administrator of NMFS that the vessel has a fully functioning VMS unit on board the vessel and declared a fishing trip via the VMS unit as specified at Sec. 648.15(b).
(5) Maine mahogany quahog zone. (i) Land unshucked surfclams or ocean quahogs harvested in or from the EEZ outside the Maine mahogany quahog zone in containers other than cages from vessels capable of carrying cages.
(i) Land unshucked surfclams or ocean quahogs harvested in or from the EEZ outside the Maine mahogany quahog zone in containers other than cages from vessels capable of carrying cages.
(ii) Land unshucked surfclams and ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone in containers other than cages from vessels capable of carrying cages unless, with respect to ocean quahogs, the vessel has been issued a Maine mahogany quahog permit under this part and is not fishing for an individual allocation of quahogs under Sec. 648.70.
(iii) Offload unshucked surfclams harvested in or from the EEZ within the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages.
(iv) Offload unshucked ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages, unless the vessel has been issued a Maine mahogany quahog permit under this part and is not fishing for an individual allocation of quahogs under Sec. 648.70.
(v) Land or possess ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone after the effective date published in the Federal Register notifying participants that Maine mahogany quahog quota is no longer available for the respective fishing year, unless the vessel is fishing for an individual allocation of ocean quahogs under Sec. 648.70.
(6) Presumptions. For purposes of this part, the following presumptions apply:
(i) Possession of surfclams or ocean quahogs on the deck of any fishing vessel in closed areas, or the presence of any part of a vessel's gear in the water in closed areas is prima facie evidence that such vessel was fishing in violation of the provisions of the Magnuson-Stevens Act and these regulations.
(ii) Surfclams or ocean quahogs landed from a trip for which notification was provided under Sec. 648.15(b) or Sec. 648.70(b) are deemed to have been harvested in the EEZ and count against the individual's annual allocation, unless the vessel has a valid Maine mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and is not fishing for an individual allocation under Sec. 648.70.
(iii) Surfclams or ocean quahogs found in cages without a valid state tag are deemed to have been harvested in the EEZ and are deemed to be part of an individual's allocation, unless the vessel has a valid Maine mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and is not fishing for an individual allocation under Sec. 648.70; or, unless the preponderance of available evidence demonstrates that he/she has surrendered his/her surfclam and ocean quahog permit issued under Sec. 648.4 and he/she conducted fishing operations exclusively within waters under the jurisdiction of any state. Surfclams and ocean quahogs in cages with a Federal tag or tags, issued and still valid pursuant to this part, affixed thereto are deemed to have been harvested by the individual allocation holder to whom the tags were issued or transferred under Sec. 648.70 or Sec. 648.75(b).
(k) NE multispecies--(1) Permit requirements for all persons. It is unlawful for any person, including any owner or operator of a vessel issued a valid Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(1) Permit requirements for all persons. It is unlawful for any person, including any owner or operator of a vessel issued a valid Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(i) Fish for, possess, or land NE multispecies, unless:
(A) The NE multispecies are being fished for or were harvested in or from the EEZ by a vessel holding a valid Federal NE multispecies permit under this part, or a letter under Sec. 648.4(a)(1), and the operator on board such vessel has a valid operator's permit and has it on board the vessel.
(B) The NE multispecies were harvested by a vessel not issued a Federal NE multispecies permit, nor eligible to renew or be reissued a limited access NE multispecies permit as specified in Sec. 648.4(b)(2), that fishes for NE multispecies exclusively in state waters.
(C) The NE multispecies were harvested in or from the EEZ by a recreational fishing vessel.
(D) Any haddock, and up to 100 lb (45 kg) of other regulated NE. multispecies other than haddock, were harvested by a vessel issued an All Areas Limited Access Herring Permit and/or an Area 2 and 3 Limited Access Herring Permit on a declared herring trip, regardless of gear or area fished, or a vessel issued a Limited Access Incidental Catch Herring Permit and/or an Open Access Herring Permit that fished with midwater trawl gear, pursuant to the requirements in Sec. 648.80(d) and (e), and such fish are not sold for human consumption.
(E) Otherwise specified in Sec. 648.17.
(ii) Land, offload, remove, or otherwise transfer; or attempt to land, offload, remove or otherwise transfer; NE multispecies from one vessel to another vessel, unless both vessels have not been issued Federal NE multispecies permits and both fish exclusively in state waters, unless authorized in writing by the Regional Administrator, or otherwise allowed.
(iii) Sell, barter, trade, or otherwise transfer; or attempt to sell, barter, trade, or otherwise transfer; for a commercial purpose any NE multispecies from a trip, unless:
(A) The vessel is holding a Federal NE multispecies permit, or a letter under Sec. 648.4(a)(1), and is not fishing under the charter/party vessel restrictions specified in Sec. 648.89.
(B) The NE multispecies were harvested by a vessel without a Federal NE multispecies permit that fishes for NE multispecies exclusively in state waters.
(C) Or as otherwise specified in Sec. 648.17.
(iv) Operate or act as an operator of a vessel fishing for or possessing NE multispecies in or from the EEZ, or holding a Federal NE multispecies vessel permit without having been issued and possessing a valid operator's permit.
(2) Permit requirements for vessel and operator permit holders. It is unlawful for any owner or operator of a vessel issued a valid Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(i) Fish for, possess, or land NE multispecies with or from a vessel that has had the length overall of such vessel, or its replacement, increased or upgraded in excess of limitations specified in Sec. 648.4(a)(1)(i)(E) and (F).
(ii) Fish for, possess, or land NE multispecies with or from a vessel that has had the horsepower of such vessel or its replacement upgraded or increased in excess of the limitations specified in Sec. 648.4(a)(1)(i)(E) and (F).
(iii) Fail to comply with the pre-trip notification requirements of the NE multispecies observer program specified in Sec. 648.11(k).
(iv) Possess or land fish while setting fixed gear on a set-only trip as declared through the pre-trip notification system pursuant to Sec. 648.11(k).
(3) Dealer requirements. (i) It is unlawful to purchase, possess, import, export, or receive as a dealer, or in the capacity of a dealer, regulated species or ocean pout in excess of the possession limits specified in Sec. 648.82, Sec. 648.85, Sec. 648.86, or Sec. 648.87 applicable to a vessel issued a NE multispecies permit, unless otherwise specified in Sec. 648.17, or unless the regulated species or ocean pout are purchased or received from a vessel that caught them on a sector trip and such species are exempt from such possession limits in accordance with an approved sector operations plan, as specified in Sec. 648.87(c).
(i) It is unlawful to purchase, possess, import, export, or receive as a dealer, or in the capacity of a dealer, regulated species or ocean pout in excess of the possession limits specified in Sec. 648.82, Sec. 648.85, Sec. 648.86, or Sec. 648.87 applicable to a vessel issued a NE multispecies permit, unless otherwise specified in Sec. 648.17, or unless the regulated species or ocean pout are purchased or received from a vessel that caught them on a sector trip and such species are exempt from such possession limits in accordance with an approved sector operations plan, as specified in Sec. 648.87(c).
(ii) Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any NE multispecies harvested from the EEZ by a vessel issued a Federal NE multispecies permit, unless the transferee has a valid NE multispecies dealer permit.
(4) NAFO. It is unlawful for any owner or operator of a vessel issued a valid NE multispecies permit or letter under Sec. 648.4(a)(1)(i), to fail to comply with the exemption specifications in Sec. 648.17.
(5) Regulated Mesh Areas. It is unlawful for any person, including any owner or operator of a vessel issued a valid Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(i) Violate any of the provisions of Sec. 648.80, including paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area; (a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket Shoals Dogfish Fishery Exemption Area; (a)(11), the GOM Scallop Dredge Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet Exemption Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; (a)(15), the Raised Footrope Trawl Exempted Whiting Fishery; (a)(16), the GOM Grate Raised Footrope Trawl Exempted Whiting Fishery; (a)(18), the Great South Channel Scallop Dredge Exemption Area; (a)(19), the Eastern and Western Cape Cod Spiny Dogfish Exemption Areas; (b)(3), exemptions (small mesh); (b)(5), the SNE Monkfish and Skate Trawl Exemption Area; (b)(6), the SNE Monkfish and Skate Gillnet Exemption Area; (b)(8), the SNE Mussel and Sea Urchin Dredge Exemption Area; (b)(9), the SNE Little Tunny Gillnet Exemption Area; (b)(11), the SNE Scallop Dredge Exemption Area; or (b)(12), the SNE Skate Bait Trawl Exemption Area. Each violation of any provision in Sec. 648.80 constitutes a separate violation.
(ii) Enter or fish in the Gulf of Maine, Georges Bank, or Southern New England Regulated Mesh Areas, except as provided in Sec. 648.80(a)(3)(vi) and (b)(2)(vi), and, for purposes of transiting, all gear (other than exempted gear) must be stowed and not available for immediate use as defined in Sec. 648.2.
(iii) Gulf of Maine and Georges Bank Regulated Mesh Areas. (A) Fish with, use, or have on board, within the areas described in Sec. 648.80(a)(1) and (2), nets with mesh size smaller than the minimum mesh size specified in Sec. 648.80(a)(3) and (4); except as provided in Sec. 648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), (a)(16), (d), (e), and (i); unless the vessel has not been issued a NE multispecies permit and fishes for NE multispecies exclusively in state waters, or unless otherwise specified in Sec. 648.17.
(A) Fish with, use, or have on board, within the areas described in Sec. 648.80(a)(1) and (2), nets with mesh size smaller than the minimum mesh size specified in Sec. 648.80(a)(3) and (4); except as provided in Sec. 648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), (a)(16), (d), (e), and (i); unless the vessel has not been issued a NE multispecies permit and fishes for NE multispecies exclusively in state waters, or unless otherwise specified in Sec. 648.17.
(B) Fish within the areas described in Sec. 648.80(a)(6) with net mesh smaller than the minimum size specified in Sec. 648.80(a)(3) or (4).
(iv) Southern New England Regulated Mesh Area. Fish with, use, or have available for immediate use within the area described in Sec. 648.80(b)(1), net mesh smaller than the minimum size specified in Sec. 648.80(b)(2), except as provided in Sec. 648.80(b)(3), (b)(9), (d), (e), and (i), or unless the vessel has not been issued a Federal NE multispecies permit and fishes for multispecies exclusively in state waters, or unless otherwise specified in Sec. 648.17.
(v) Mid-Atlantic Regulated Mesh Area. Fish with, use, or have available for immediate use within the area described in Sec. 648.80(c)(1), nets of mesh size smaller than the minimum mesh size specified in Sec. 648.80(c)(2); except as provided in Sec. 648.80(c)(3), (d), (e), and (i); or unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters, or unless otherwise specified in Sec. 648.17.
(vi) Mid-water trawl exempted fishery. (A) Fish for, land, or possess NE multispecies harvested by means of pair trawling or with pair trawl gear, except under the provisions of Sec. 648.80(d), or unless the vessels that engaged in pair trawling have not been issued multispecies permits and fish for NE multispecies exclusively in state waters.
(A) Fish for, land, or possess NE multispecies harvested by means of pair trawling or with pair trawl gear, except under the provisions of Sec. 648.80(d), or unless the vessels that engaged in pair trawling have not been issued multispecies permits and fish for NE multispecies exclusively in state waters.
(B) Possess, land, or fish for regulated species or ocean pout, except winter flounder as provided for in accordance with Sec. 648.80(i) from or within the areas described in Sec. 648.80(i), while in possession of scallop dredge gear on a vessel not fishing under the scallop DAS program as described in Sec. 648.53, or fishing under a LAGC permit, unless the vessel and the dredge gear conform with the definition of not available for immediate use as defined in Sec. 648.2, or unless the vessel has not been issued a Federal NE multispecies permit and fishes for, possesses, or lands NE multispecies exclusively in state waters.
(vii) Scallop vessels. (A) Violate any of the possession or landing restrictions on fishing with scallop dredge gear specified in Secs. 648.80(h) and 648.94.
(A) Violate any of the possession or landing restrictions on fishing with scallop dredge gear specified in Secs. 648.80(h) and 648.94.
(B) Possess, land, or fish for regulated species, except winter flounder as provided for in accordance with Sec. 648.80(i) from or within the areas described in Sec. 648.80(i), while in possession of scallop dredge gear on a vessel not fishing under the scallop DAS program as described in Sec. 648.53, or fishing under a general scallop permit, unless the vessel and the dredge gear conform with the definition of not available for immediate use as defined in Sec. 648.2, or unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters.
(viii) Northern shrimp and small mesh multispecies exempted fisheries. (A) Fish for, harvest, possess, or land in or from the EEZ northern shrimp, unless such shrimp were fished for or harvested by a vessel meeting the requirements specified in Sec. 648.80(a)(5).
(A) Fish for, harvest, possess, or land in or from the EEZ northern shrimp, unless such shrimp were fished for or harvested by a vessel meeting the requirements specified in Sec. 648.80(a)(5).
(B) Fish for, harvest, possess, or land in or from the EEZ, when fishing with trawl gear, any of the exempted species specified in Sec. 648.80(a)(9)(i), unless such species were fished for or harvested by a vessel meeting the requirements specified in Sec. 648.80(a)(5)(ii) or (a)(9)(ii).
(ix) Winter flounder state exemption program. Violate any provision of the state waters winter flounder exemption program as provided in Sec. 648.80(i).
(6) Gear requirements--(i) For all persons. It is unlawful for any person, including any owner or operator of a vessel issued a valid NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(i) For all persons. It is unlawful for any person, including any owner or operator of a vessel issued a valid NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(A) Obstruct or constrict a net as described in Sec. 648.80(g)(1) or (2).
(B) Fish for, harvest, possess, or land any species of fish in or from the GOM/GB Inshore Restricted Roller Gear Area described in Sec. 648.80(a)(3)(vii) with trawl gear where the diameter of any part of the trawl footrope, including discs, rollers or rockhoppers, is greater than 12 inches (30.5 cm).
(C) Fish for, land, or possess NE multispecies harvested with brush-sweep trawl gear unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters.
(D) Possess brush-sweep trawl gear while in possession of NE multispecies, unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters.
(E) Use, set, haul back, fish with, possess on board a vessel, unless stowed and not available for immediate use as defined in Sec. 648.2, or fail to remove, sink gillnet gear and other gillnet gear capable of catching NE multispecies, with the exception of single pelagic gillnets (as described in Sec. 648.81(f)(5)(ii)), in the areas and for the times specified in Sec. 648.80(g)(6)(i) and (ii), except as provided in Sec. 648.80(g)(6)(i) and (ii), and Sec. 648.81(f)(5)(ii), or unless otherwise authorized in writing by the Regional Administrator.
(F) Fish for, land, or possess NE multispecies harvested with the use of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) spacing between the fairlead rollers unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters.
(G) Possess or use de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) spacing between the fairlead rollers while in possession of NE multispecies, unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters.
(ii) For vessel and operator permit holders. It is unlawful for any owner or operator of a vessel issued a valid NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(A) Gillnet gear. (1) If the vessel has been issued a limited access NE multispecies permit and fishes under a NE multispecies DAS or on a sector trip with gillnet gear, fail to comply with gillnet tagging requirements specified in Secs. 648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C), (a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and (c)(2)(v)(B)(3), or fail to produce immediately, or cause to be produced immediately, gillnet tags when requested by an authorized officer.
(2) Produce, or cause to be produced, gillnet tags under Sec. 648.80(a)(3)(iv)(C), without the written confirmation from the Regional Administrator described in Sec. 648.80(a)(3)(iv)(C).
(3) Tag a gillnet or use a gillnet tag that has been reported lost, missing, destroyed, or that was issued to another vessel.
(4) Sell, transfer, or give away gillnet tags that have been reported lost, missing, destroyed, or issued to another vessel.
(5) Enter, fail to remove sink gillnet gear or gillnet gear capable of catching NE multispecies from, or be in the areas, and for the times, described in Sec. 648.80(g)(6)(i) and (ii), except as provided in Secs. 648.80(g)(6)(i) and 648.81(i).
(B) Hook gear. Fail to comply with the restrictions on fishing and gear specified in Sec. 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and (c)(2)(iv) if the vessel has been issued a limited access NE multispecies permit and fishes with hook gear in areas specified in Sec. 648.80(a), (b), or (c), unless allowed under Sec. 648.85(b)(7)(iv)(E).
(7) Closed areas and EFH--(i) All persons. It is unlawful for any person, including any owner or operator of a vessel issued a valid Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(i) All persons. It is unlawful for any person, including any owner or operator of a vessel issued a valid Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(A) Enter, be on a fishing vessel in, or fail to remove gear from the EEZ portion of the areas described in Sec. 648.81(d)(1), (e)(1), (f)(4), and (g)(1), except as provided in Sec. 648.81(d)(2), (e)(2), (f)(5), (g)(2), and (i).
(B) Fish for, harvest, possess, or land regulated species in or from the closed areas specified in Sec. 648.81(a) through (f) and (n), unless otherwise specified in Sec. 648.81(c)(2)(iii), (f)(5)(i), (f)(5)(iv), (f)(5)(viii) and (ix), (i), (n)(2)(i), or as authorized under Sec. 648.85.
(C) Restricted gear areas. (1) Fish, or be in the areas described in Sec. 648.81(j)(1), (k)(1), (l)(1), and (m)(1) on a fishing vessel with mobile gear during the time periods specified in Sec. 648.81(j)(2), (k)(2), (l)(2), and (m)(2), except as provided in Sec. 648.81(j)(2), (k)(2), (l)(2), and (m)(2).
(2) Fish, or be in the areas described in Sec. 648.81(j)(1), (k)(1), and (l)(1) on a fishing vessel with lobster pot gear during the time periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
(3) Deploy in or fail to remove lobster pot gear from the areas described in Sec. 648.81(j)(1), (k)(1), and (l)(1), during the time periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
(D) GB Seasonal Closure Area. Enter, fail to remove gear from, or be in the areas described in Sec. 648.81(g)(1) through (i)(1) during the time period specified, except as provided in Sec. 648.81(d), (g)(2), (h)(2), and (i)(2).
(E) Closed Area I. Enter or be in the area described in Sec. 648.81(a)(1) on a fishing vessel, except as provided in Sec. 648.81(a)(2) and (i).
(F) Closed Area II. Enter or be in the area described in Sec. 648.81(b)(1) on a fishing vessel, except as provided in Sec. 648.81(b)(2) and (i).
(G) Nantucket Lightship Closure Area. Enter or be in the area described in Sec. 648.81(c)(1) on a fishing vessel, except as allowed under Sec. 648.81(c)(2) and (i).
(ii) Vessel and permit holders. It is unlawful for any owner or operator of a vessel issued a valid NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(A) EFH closure area restrictions. If fishing with bottom tending mobile gear, fish in, enter, be on a fishing vessel in, the EFH closure areas described in Sec. 648.81(h)(1)(i) through (vi).
(B) [Reserved]
(8) DAS restrictions for all persons. It is unlawful for any person, including any owner or operator of a vessel issued a valid NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(i) For vessels issued a limited access NE multispecies permit, or those issued a limited access NE multispecies permit and a limited access monkfish permit (Category C, D, F, G, or H), but not fishing under the limited access monkfish Category A or B provisions as allowed under Sec. 648.92(b)(2), call into the DAS program prior to 1 hr before leaving port.
(ii) Call in DAS in excess of those allocated, leased, or permanently transferred, in accordance with the restrictions and conditions of Sec. 648.82.
(9) DAS restrictions for vessel and operator permit holders. It is unlawful for any owner or operator of a vessel issued a valid NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to do any of the following:
(i) If operating under the provisions of a limited access NE multispecies Handgear A permit south of the GOM Regulated Mesh Area, as defined at Sec. 648.80(a)(1), fail to declare the vessel operator's intent to fish in this area via VMS or fail to obtain or retain on board a letter of authorization from the Regional Administrator, as required by Sec. 648.82(b)(6)(iv).
(ii) DAS Leasing Program. (A) Provide false information on an application, required by Sec. 648.82(k)(4)(xi), to downgrade the DAS Leasing Program baseline.
(A) Provide false information on an application, required by Sec. 648.82(k)(4)(xi), to downgrade the DAS Leasing Program baseline.
(B) Lease NE multispecies DAS or use leased DAS that have not been approved for leasing by the Regional Administrator as specified in Sec. 648.82(k).
(C) Provide false information on, or in connection with, an application, required under Sec. 648.82(k)(3), to effectuate the leasing of NE multispecies DAS.
(D) Act as lessor or lessee of a NE multispecies Category B DAS, or Category C DAS.
(E) Act as lessor or lessee of NE multispecies DAS, if the lessor's or the lessee's vessels do not comply with the size restrictions specified in Sec. 648.82(k)(4)(ix).
(F) Sub-lease NE multispecies DAS.
(G) [Reserved]
(H) Lease NE multispecies DAS to a vessel that does not have a valid limited access multispecies permit.
(I) [Reserved]
(J) Lease NE multispecies DAS if the number of unused allocated DAS is less than the number of DAS requested to be leased.
(K) Lease NE multispecies DAS in excess of the duration specified in Sec. 648.82(k)(4)(viii).
(L) Combine, transfer, or consolidate DAS allocations, except as provided for under the DAS Leasing Program or the DAS Transfer Program, as specified under Sec. 648.82(k) and (l), respectively.
(M) Lease NE multispecies DAS to or from a common pool vessel if either the Lessor or the Lessee vessel is a sector vessel.
(iii) DAS Transfer Program. (A) Transfer NE multispecies DAS, or use transferred DAS, that have not been approved for transfer by the Regional Administrator, as specified in Sec. 648.82(l).
(A) Transfer NE multispecies DAS, or use transferred DAS, that have not been approved for transfer by the Regional Administrator, as specified in Sec. 648.82(l).
(B) Provide false information on, or in connection with, an application, required by Sec. 648.82(l)(2), for a NE multispecies DAS transfer.
(C) Permanently transfer only a portion of a vessel's total allocation of DAS.
(D) Permanently transfer NE multispecies DAS between vessels, if such vessels do not comply with the size restrictions specified in Sec. 648.82(l)(1)(ii).
(E) Transfer NE multispecies DAS to or from a common pool vessel if either the Transferor or the Transferee vessel is a sector vessel.
(F) Transfer NE multispecies DAS to or from a sector vessel if either the Transferor or the Transferee vessel is enrolled in a different sector for that particular fishing year.
(iv) Gillnet fishery. (A) Fail to declare, and be, out of the non-exempt gillnet fishery as required by Sec. 648.82(j)(1)(ii), using the procedure specified in Sec. 648.82(h).
(A) Fail to declare, and be, out of the non-exempt gillnet fishery as required by Sec. 648.82(j)(1)(ii), using the procedure specified in Sec. 648.82(h).
(B) For any common pool or sector vessel, fail to comply with the gillnet requirements and restrictions specified in Sec. 648.82(j), unless otherwise exempted pursuant to Sec. 648.87.
(C) If a vessel has been issued a limited access Day gillnet category designation, fail to comply with the restrictions and requirements specified in Sec. 648.82(j)(1).
(D) If a vessel has been issued a limited access Trip gillnet category designation, fail to comply with the restrictions and requirements specified in Sec. 648.82(j)(2).
(v) Spawning blocks. Fail to declare, and be, out of the NE multispecies DAS program as required by Sec. 648.82(g), using the procedure described under Sec. 648.82(h), as applicable.
(vi) DAS notification. (A) For purposes of DAS notification, if required, or electing, to have a VMS unit under Sec. 648.10:
(1) Fail to have a certified, operational, and functioning VMS unit that meets the specifications of Sec. 648.9 on board the vessel at all times.
(2) Fail to comply with the notification, replacement, or any other requirements regarding VMS usage specified in Sec. 648.10(b).
(B) Fail to comply with any provision of the DAS notification program specified in Sec. 648.10.
(vii) Charter/party vessels. Participate in the DAS program pursuant to Sec. 648.82 when carrying passengers for hire on board a vessel during any portion of a fishing trip.
(10) Gear marking requirement for all persons. It is unlawful for any person, including any owner or operator of a vessel issued a valid NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to fail to comply with the gear-marking requirements of Sec. 648.84.
(11) U.S./Canada Resource Management Area--(i) Possession and landing restrictions of the U.S./Canada Area--(A) All Persons. (1) Fish for, harvest, possess or land any regulated NE multispecies from the areas specified in Sec. 648.85(a)(1), unless in compliance with the restrictions and conditions specified in Sec. 648.85(a)(3).
(2) If fishing under a NE multispecies DAS in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), exceed the trip limits specified in Sec. 648.85(a)(3)(iv), unless further restricted under Sec. 648.85(b) or exempted under Sec. 648.87.
(3) If fishing inside the Eastern U.S./Canada Area and in possession of fish in excess of what is allowed under more restrictive regulations that apply outside of the Eastern U.S./Canada Area, fish outside of the Eastern U.S./Canada Area on the same trip, as prohibited under Sec. 648.85(a)(3)(ii)(A).
(4) If fishing both outside and inside of the areas specified for a SAP under Sec. 648.85(b)(3) and (8), under a NE multispecies DAS in the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), fail to abide by the DAS and possession restrictions under Sec. 648.85(b)(8)(v)(A)(2) through (4).
(B) Vessel and operator permit holders. Fail to comply with the GB yellowtail flounder trip limit specified under Sec. 648.85(a)(3)(iv)(C).
(ii) Gear requirements for all persons. If fishing with trawl gear under a NE multispecies DAS or on a sector trip in the Eastern U.S./Canada Area defined in Sec. 648.85(a)(1)(ii), fail to fish with a haddock separator trawl, flounder trawl net, or Ruhle trawl, as specified in Sec. 648.85(a)(3)(iii) and (b)(6)(iv)(J)(1), unless using other gear authorized under Sec. 648.85(b)(6) or (8).
(iii) Notification and VMS requirements for all persons. (A) Enter or fish in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), unless declared into the area in accordance with Sec. 648.85(a)(3)(ii).
(A) Enter or fish in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), unless declared into the area in accordance with Sec. 648.85(a)(3)(ii).
(B) If declared into one of the areas specified in Sec. 648.85(a)(1), fish during that same trip outside of the declared area, unless in compliance with the applicable restrictions specified under Sec. 648.85(a)(3)(ii)(A) or (B).
(C) If the vessel has been issued a limited access NE multispecies DAS permit, and is in the area specified in Sec. 648.85(a), fail to comply with the VMS requirements in Sec. 648.85(a)(3)(i).
(D) If fishing under a NE multispecies DAS or on a sector trip in the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)(ii), but not in a SAP specified in Sec. 648.85(b) on the same trip, fail to comply with the requirements specified in Sec. 648.85(a)(3).
(E) Fail to notify NMFS via VMS prior to departing the Eastern U.S./Canada Area, when fishing inside and outside of the area on the same trip, in accordance with Sec. 648.85(a)(3)(ii)(A)(1).
(F) When fishing inside and outside of the Eastern U.S./Canada Area on the same trip, fail to abide by the most restrictive requirements that apply to any area fished, including the DAS counting, trip limits, and reporting requirements that apply, as described in Sec. 648.85(a)(3)(ii)(A).
(iv) Reporting requirements for all persons. (A) If fishing under a NE multispecies DAS or on a sector trip in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), fail to report in accordance with Sec. 648.85(a)(3)(v).
(A) If fishing under a NE multispecies DAS or on a sector trip in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), fail to report in accordance with Sec. 648.85(a)(3)(v).
(B) Fail to comply with the reporting requirements under Sec. 648.85(a)(3)(ii)(A)(2) when fishing inside and outside of the Eastern U.S./Canada Area on one trip.
(v) DAS--(A) All persons. If fishing under a NE multispecies DAS in the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)(ii), and in one of the SAPs specified in Sec. 648.85(b)(3) or (8) on the same trip, fail to comply with the no discard and DAS flip provisions specified in Sec. 648.85(b)(3)(xi) and (b)(8)(v)(I), or the minimum Category A DAS requirement specified in Sec. 648.85(b)(3)(xii) and (b)(8)(v)(J).
(A) All persons. If fishing under a NE multispecies DAS in the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1)(ii), and in one of the SAPs specified in Sec. 648.85(b)(3) or (8) on the same trip, fail to comply with the no discard and DAS flip provisions specified in Sec. 648.85(b)(3)(xi) and (b)(8)(v)(I), or the minimum Category A DAS requirement specified in Sec. 648.85(b)(3)(xii) and (b)(8)(v)(J).
(B) Vessel and operator permit holders. (1) [Reserved]
(2) For vessels fishing inside and outside the Eastern U.S./Canada Area on the same trip, fail to comply with the most restrictive regulations that apply on the trip as required by Sec. 648.85(a)(3)(ii)(A).
(vi) Closure of the U.S./Canada Area for all persons. If fishing under a NE multispecies DAS or on a sector trip, declare into, enter, or fish in the Eastern U.S./Canada Area specified in Sec. 648.85(a)(1) if the area is closed under the authority of the Regional Administrator as described in Sec. 648.85(a)(3)(iv)(D) or (E), unless fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in Sec. 648.85(b)(3) or the Eastern U.S./Canada Haddock SAP Program specified in Sec. 648.85(b)(8).
(12) SAP restrictions (i) It is unlawful for any person to:
(A) If declared into the areas specified in Sec. 648.85(b), enter or exit the declared areas more than once per trip.
(B) If a vessel is fishing under a Category B DAS in the Closed Area II Yellowtail Flounder SAP specified in Sec. 648.85(b)(3), the Regular B DAS Program specified in Sec. 648.85(b)(6), or the Eastern U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), remove any fish caught with any gear, including dumping the contents of a net, except on board the vessel.
(ii) General restrictions for vessel and operator permit holders. Discard legal-sized NE regulated multispecies, ocean pout, or Atlantic halibut while fishing under a SAP, as described in Secs. 648.85(b)(3)(xi), 648.85(b)(7)(iv)(H), or 648.85(b)(8)(v)(I).
(iii) Closed Area II Yellowtail Flounder/Haddock SAP restrictions for all persons. (A) If fishing under the Closed Area II Yellowtail Flounder/Haddock SAP, fish for, harvest, possess, or land any regulated NE multispecies or ocean pout from the area specified in Sec. 648.85(b)(3)(ii), unless in compliance with Sec. 648.85(b)(3)(i) through (xiii).
(A) If fishing under the Closed Area II Yellowtail Flounder/Haddock SAP, fish for, harvest, possess, or land any regulated NE multispecies or ocean pout from the area specified in Sec. 648.85(b)(3)(ii), unless in compliance with Sec. 648.85(b)(3)(i) through (xiii).
(B) Enter or fish in Closed Area II as specified in Sec. 648.81(b), unless declared into the area in accordance with Sec. 648.85(b)(3)(v) or Sec. 648.85(b)(8)(v)(D).
(C) Enter or fish in Closed Area II under the Closed Area II Yellowtail Flounder/Haddock SAP outside of the season specified in Sec. 648.85(b)(3)(iii).
(D) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in Sec. 648.85(b)(3), exceed the number of trips specified in Sec. 648.85(b)(3)(vi) or (vii).
(E) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in Sec. 648.85(b)(3), exceed the trip limits specified in Sec. 648.85(b)(3)(viii).
(F) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in Sec. 648.85(b)(3), fail to comply with the gear requirements specified in Sec. 648.85(b)(3)(x).
(iv) [Reserved]
(v) Regular B DAS Program restrictions for vessel and operator permit holders. (A) If fishing in the Regular B DAS Program specified in Sec. 648.85(b)(6), fail to comply with Secs. 648.85(b)(6)(iv)(A) through (J).
(A) If fishing in the Regular B DAS Program specified in Sec. 648.85(b)(6), fail to comply with Secs. 648.85(b)(6)(iv)(A) through (J).
(B) If fishing in the Regular B DAS Program specified in Sec. 648.85(b)(6), fail to use a haddock separator trawl as described in Sec. 648.85(a)(3)(iii)(A), or other approved gear as described in Sec. 648.85(b)(6)(iv)(J).
(C) If possessing a Ruhle Trawl, either at sea or elsewhere, as allowed under Sec. 648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to comply with the net specifications under Sec. 648.85(b)(6)(iv)(J)(3).
(D) Discard legal-sized NE regulated multispecies, ocean pout, Atlantic halibut, or monkfish while fishing under a Regular B DAS in the Regular B DAS Program, as described in Sec. 648.85(b)(6)(iv)(E).
(E) If fishing in the Regular B DAS Program specified in Sec. 648.85(b)(6), fail to comply with the landing limits specified in Sec. 648.85(b)(6)(iv)(D).
(F) If fishing under a Regular B DAS in the Regular B DAS Program, fail to comply with the DAS flip requirements of Sec. 648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more than the landing limit for a groundfish stock of concern specified in Sec. 648.85(b)(6)(iv)(D), other groundfish specified under Sec. 648.86, or monkfish under Sec. 648.94.
(G) DAS usage restrictions. (1) If fishing in the Regular B DAS Program, fail to comply with the restriction on DAS use specified in Sec. 648.82(d)(2)(i)(A).
(2) If fishing in the Regular B DAS Program specified in Sec. 648.85(b)(6), fail to comply with the minimum Category A DAS and Category B DAS accrual requirements specified in Sec. 648.85(b)(6)(iv)(F).
(3) Use a Regular B DAS in the Regular B DAS Program specified in Sec. 648.85(b)(6), if the program has been closed as specified in Sec. 648.85(b)(6)(iv)(G) or (H), or (b)(6)(vi).
(H) VMS requirements. (1) If fishing in the Regular B DAS Program specified in Sec. 648.85(b)(6), fail to comply with the VMS requirement specified in Sec. 648.85(b)(6)(iv)(A).
(2) If fishing in the Regular B DAS Program specified in Sec. 648.85(b)(6), fail to comply with the VMS declaration requirement specified in Sec. 648.85(b)(6)(iv)(C).
(I) If fishing in the Regular B DAS Program specified in Sec. 648.85(b)(6), fail to comply with the observer notification requirement specified in Sec. 648.85(b)(6)(iv)(B).
(J) If fishing in the Regular B DAS Program specified in Sec. 648.85(b)(6), fail to comply with the reporting requirements specified in Sec. 648.85(b)(6)(iv)(I).
(vi) Closed Area I Hook Gear Haddock SAP restrictions for vessel and operator permit holders. (A) If fishing in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the applicable requirements and conditions specified in Sec. 648.85(b)(7)(iv), and (b)(7)(v) or (b)(7)(vi).
(A) If fishing in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the applicable requirements and conditions specified in Sec. 648.85(b)(7)(iv), and (b)(7)(v) or (b)(7)(vi).
(B) Fish in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7) outside of the season specified in Sec. 648.85(b)(7)(iii).
(C) Fish in the Closed Area I Hook Gear Haddock Access Area specified in Sec. 648.85(b)(7)(ii), if that area is closed as specified in Sec. 648.85(b)(7)(iv)(I) or (b)(7)(vi)(F).
(D) If fishing in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the applicable DAS use restrictions specified in Sec. 648.85(b)(7)(iv)(A) and (b)(7)(vi)(A).
(E) VMS requirements. (1) If fishing in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the VMS requirements specified in Sec. 648.85(b)(7)(iv)(B).
(2) If fishing in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the VMS declaration requirement specified in Sec. 648.85(b)(7)(iv)(D).
(F) If fishing in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the observer notification requirements specified in Sec. 648.85(b)(7)(iv)(C).
(G) If fishing in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the applicable gear restrictions specified in Sec. 648.85(b)(7)(iv)(E), and (b)(7)(v)(A) or (b)(7)(vi)(B).
(H) If fishing in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the applicable landing limits specified in Sec. 648.85(b)(7)(iv)(H), and (b)(7)(v)(C) or (b)(7)(vi)(C).
(I) If fishing in the Closed Area I Hook Gear Haddock SAP specified in Sec. 648.85(b)(7), fail to comply with the applicable reporting requirement specified in Sec. 648.85(b)(7)(v)(C) or (b)(7)(vi)(D).
(vii) Eastern U.S./Canada Haddock SAP Restrictions--(A) All Persons. (1) If fishing under a NE multispecies DAS or on a sector trip in the Eastern U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), in the area specified in Sec. 648.85(b)(8)(ii), and during the season specified in Sec. 648.85(b)(8)(iv), fail to comply with Sec. 648.85(b)(8)(v).
(2) VMS and declaration requirements. (i) If fishing under a NE multispecies DAS or on a sector trip in the Eastern U.S./Canada Haddock SAP in the area specified in Sec. 648.85(b)(8)(ii), fail to comply with the VMS requirements in Sec. 648.85(b)(8)(v)(B).
(i) If fishing under a NE multispecies DAS or on a sector trip in the Eastern U.S./Canada Haddock SAP in the area specified in Sec. 648.85(b)(8)(ii), fail to comply with the VMS requirements in Sec. 648.85(b)(8)(v)(B).
(ii) If fishing under a NE multispecies DAS or on a sector trip, fish in the Eastern U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), unless declared into the program in accordance with Sec. 648.85(b)(8)(v)(D).
(3) Enter or fish in the Eastern U.S./Canada Haddock SAP outside of the season specified in Sec. 648.85(b)(8)(iv).
(4) If possessing a Ruhle Trawl, either at sea or elsewhere, as allowed under Sec. 648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to comply with the net specifications under Sec. 648.85(b)(6)(iv)(J)(3).
(5) Possession limits and restrictions. (i) If fishing under a NE multispecies DAS in the Eastern U.S./Canada Haddock SAP, exceed the possession limits specified in Sec. 648.85(b)(8)(v)(F).
(i) If fishing under a NE multispecies DAS in the Eastern U.S./Canada Haddock SAP, exceed the possession limits specified in Sec. 648.85(b)(8)(v)(F).
(ii) If fishing under the Eastern U.S./Canada Haddock SAP, fish for, harvest, possess, or land any regulated NE multispecies from the area specified in Sec. 648.85(b)(8)(ii), unless in compliance with the restrictions and conditions of Sec. 648.85(b)(8)(v)(A) through (I).
(6) If fishing in the Eastern U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), fail to comply with the reporting requirements of Sec. 648.85(b)(8)(v)(G).
(7) If fishing under the Eastern U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), fail to comply with the observer notification requirements of Sec. 648.85(b)(8)(v)(C).
(B) Vessel and operator permit holders. (1) If fishing in the Eastern U.S./Canada Haddock SAP Area, and other portions of the Eastern U.S./Canada Haddock SAP Area on the same trip, fail to comply with the restrictions in Sec. 648.85(b)(8)(v)(A).
(2) DAS usage restrictions. (i) If fishing in the Eastern U.S./Canada Haddock SAP Area under a Category B DAS, fail to comply with the DAS flip requirements of Sec. 648.85(b)(8)(v)(I), if the vessel possesses more than the applicable landing limit specified in Secs. 648.85(b)(8)(v)(F) or 648.86.
(i) If fishing in the Eastern U.S./Canada Haddock SAP Area under a Category B DAS, fail to comply with the DAS flip requirements of Sec. 648.85(b)(8)(v)(I), if the vessel possesses more than the applicable landing limit specified in Secs. 648.85(b)(8)(v)(F) or 648.86.
(ii) If fishing in the Eastern U.S./Canada Haddock SAP Area under a Category B DAS, fail to have the minimum number of Category A DAS available as required by Sec. 648.85(b)(8)(v)(J).
(3) Fish in the Eastern U.S./Canada Haddock SAP specified in Sec. 648.85(b)(8), if the SAP is closed as specified in Sec. 648.85(b)(8)(v)(K) or (L).
(13) Possession and landing restrictions. (i) It is unlawful for any person to:
(i) It is unlawful for any person to:
(A) Under Sec. 648.85 or Sec. 648.86, fail to offload a sufficient amount of regulated species or ocean pout subject to a daily possession limit at the end of a fishing trip, as required by Sec. 648.86(i).
(B) Scallop vessels. Possess or land fish caught with nets of mesh smaller than the minimum size specified in Sec. 648.51, or with scallop dredge gear on a vessel not fishing under the scallop DAS program described in Sec. 648.54, or fishing under a general scallop permit, unless said fish are caught, possessed, or landed in accordance with Secs. 648.80 and 648.86, or unless the vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in state waters.
(ii) Vessel and operator permit holders. (A) Land, or possess on board a vessel, more than the possession or landing limits specified in Sec. 648.86(a), (b), (c), (d), (e), (g), (h), (j), (k), (l), (n), and (o); or violate any of the other provisions of Sec. 648.86, unless otherwise specified in Sec. 648.17.
(A) Land, or possess on board a vessel, more than the possession or landing limits specified in Sec. 648.86(a), (b), (c), (d), (e), (g), (h), (j), (k), (l), (n), and (o); or violate any of the other provisions of Sec. 648.86, unless otherwise specified in Sec. 648.17.
(B) Possess or land per trip more than the possession or landing limits specified in Sec. 648.86(a), (b), (c), (e), (g), (h), (j), (l), (m), (n), and (o); Sec. 648.82(b)(5) and (6); Sec. 648.85; or Sec. 648.88, if the vessel has been issued a limited access NE multispecies permit or open access NE multispecies permit, as applicable.
(C) Fish for, possess at any time during a trip, or land regulated NE multispecies or ocean pout specified in Sec. 648.86 after using up the vessel's annual DAS allocation or when not participating in the DAS program pursuant to Sec. 648.82, unless otherwise exempted by Sec. 648.82(b)(5), Sec. 648.87, or Sec. 648.89, or allowed pursuant to Sec. 648.85(b)(6) or Sec. 648.88.
(D) Atlantic cod. (1) Enter port, while on a NE multispecies DAS trip, in possession of more than the allowable limit of cod specified in Sec. 648.86(b)(1), unless the vessel is fishing under the cod exemption specified in Sec. 648.86(b)(4).
(2) Enter port, while on a NE multispecies DAS trip, in possession of more than the allowable limit of cod specified in Sec. 648.86(b)(2).
(3) [Reserved]
(4) Fail to declare through VMS an intent to be exempt from the GOM cod trip limit under Sec. 648.86(b)(1), as required under Sec. 648.86(b)(4), or fish north of the exemption line if in possession of more than the GOM cod trip limit specified under Sec. 648.86(b)(1).
(E) Atlantic halibut. Possess or land per trip more than the possession or landing limit specified under Sec. 648.86(c).
(F) White hake. Possess or land more white hake than allowed under Sec. 648.86(e).
(G) Yellowtail flounder. While fishing in the areas specified in Sec. 648.86(g)(1) with a NE multispecies Handgear A permit, or under the NE multispecies DAS program, or under the limited access monkfish Category C or D permit provisions, possess yellowtail flounder in excess of the limits specified under Sec. 648.86(g)(1), unless fishing under the recreational or charter/party regulations, or transiting with gear stowed and not available for immediate use as defined in Sec. 648.2.
(H) GB winter flounder. Possess or land more GB winter flounder than allowed under Sec. 648.86(j).
(I) For common pool vessels, including vessels issued a limited access monkfish permit and fishing under the monkfish Category C or D permit provisions, land regulated species or ocean pout more than once within any 24-hr period.
(J) For common pool vessels, including vessels issued a limited access monkfish permit and fishing under the monkfish Category C or D permit provisions, fail to comply with the most restrictive trip limits applicable when fishing in multiple areas, as specified in Sec. 648.85 or Sec. 648.86.
(14) Sector requirements. It is unlawful for any person, including any owner or operator of a vessel issued a valid Federal NE multispecies permit and fishing on a sector trip to do any of the following:
(i) Fail to abide by the restrictions specified in Sec. 648.87(b)(1).
(ii) Catch regulated species or ocean pout in excess of ACE allocated or transferred to that sector pursuant to Sec. 648.87(b)(1)(i) and (viii), respectively.
(iii) Fish in a particular stock area, the Eastern U.S./Canada Area, or a SAP if the sector has not been allocated, does not acquire, or otherwise has insufficient ACE remaining/available for all stocks caught in that area, or fail to operate in a manner that would not catch stocks for which the sector has not been allocated ACE, as described in an approved sector operations plan pursuant to Sec. 648.87(b)(2)(xiv), as prohibited in Sec. 648.87(b)(1)(ii).
(iv) Violate the provisions of an approved sector operations plan or letter of authorization issued by the Regional Administrator, as required by Sec. 648.87(b)(1)(iv) and (b)(2).
(v) Fail to remain in the sector for the remainder of the fishing year, as required by Sec. 648.87(b)(1).
(vi) Unless otherwise required to use a NE multispecies DAS to participate in another fishery, fish in the NE multispecies DAS program in a given fishing year or, for common pool vessels, fish in an approved sector in a given fishing year.
(vii) If a vessel is removed from a sector for violating the Sector rules, fish under the NE multispecies regulations for common pool vessels.
(viii) Discard legal-sized regulated species or ocean pout allocated to sectors pursuant to Sec. 648.87(b)(1)(i), as prohibited by Sec. 648.87(b)(1)(v).
(ix) Fail to comply with the reporting requirements specified in Sec. 648.87(b)(1)(v) or (vi).
(x) Leave port to begin a trip before an at-sea monitor has arrived and boarded the vessel or before electronic monitoring equipment has been properly installed if assigned to carry either an at-sea monitor or electronic monitoring equipment for that trip, as prohibited by Sec. 648.87(b)(5)(iii)(A).
(xi) Leave port to begin a trip if a vessel has failed a review of safety issues by an at-sea monitor and has not successfully resolved any identified safety deficiencies, as prohibited by Sec. 648.87(b)(5)(iv)(A).
(15) Open access permit restrictions--(i) All persons. (A) Violate any provision of the open access permit restrictions of Sec. 648.88.
(i) All persons. (A) Violate any provision of the open access permit restrictions of Sec. 648.88.
(A) Violate any provision of the open access permit restrictions of Sec. 648.88.
(B) Possess on board gear other than that specified in Sec. 648.88(a)(2)(i), or fish with hooks greater than the number specified in Sec. 648.88(a)(2)(iii), if fishing under an open access Handgear permit.
(C) Fish for, possess, or land regulated multispecies from March 1 to March 20, if issued an open access Handgear permit.
(ii) Vessel and operator permit holders--(A) Open access Handgear permit. It is unlawful for any person owning or operating a vessel issued an open access NE multispecies Handgear permit to do any of the following, unless otherwise specified in Sec. 648.17:
(1) Violate any provision of the open access Handgear permit restrictions of Sec. 648.88(a).
(2) Possess, at any time during a trip, or land per trip, more than the possession limit of NE multispecies specified in Sec. 648.88(a), unless the vessel is a charter or party vessel fishing under the charter/party restrictions specified in Sec. 648.89.
(3) Use, or possess on board, gear capable of harvesting NE multispecies, other than rod and reel, or handline gear, or tub-trawls, while in possession of, or fishing for, NE multispecies.
(4) Possess or land NE multispecies during the time period specified in Sec. 648.88(a)(2).
(5) If operating under the provisions of a limited access NE multispecies Handgear B permit south of the GOM Regulated Mesh Area, as defined at Sec. 648.80(a)(1), fail to obtain or retain on board a letter of authorization from the Regional Administrator, as required by Sec. 648.88(a)(2)(iv).
(B) Scallop multispecies possession limit permit. It is unlawful for any person owning or operating a vessel issued a scallop multispecies possession limit permit to possess or land more than the possession limit of NE multispecies specified in Sec. 648.88(c), or to possess or land regulated species when not fishing under a scallop DAS, unless otherwise specified in Sec. 648.17.
(C) Open access NE multispecies (non-regulated species permit). It is unlawful for any owner or operator of a vessel issued a valid open access NE multispecies permit to possess or land any regulated species, as defined in Sec. 648.2, or to violate any applicable provisions of Sec. 648.88, unless otherwise specified in Secs. 648.14, 648.86, or 648.88.
(16) Recreational and charter/party requirements. It is unlawful for the owner or operator of a charter or party boat issued a valid Federal NE multispecies permit, or for a recreational vessel, as applicable, unless otherwise specified in Sec. 648.17, to do any of the following if fishing under the recreational or charter/party regulations:
(i) Possession and landing. Possess cod, haddock, or Atlantic halibut in excess of the possession limits specified in Sec. 648.89(c).
(ii) Gear requirements. Fish with gear in violation of the restrictions of Sec. 648.89(a).
(iii) Seasonal and area restrictions. (A) Fail to comply with the applicable restrictions if transiting the GOM Regulated Mesh Area with cod on board that was caught outside the GOM Regulated Mesh Area.
(A) Fail to comply with the applicable restrictions if transiting the GOM Regulated Mesh Area with cod on board that was caught outside the GOM Regulated Mesh Area.
(B) Fail to comply with the requirements specified in Sec. 648.81(f)(5)(v) when fishing in the areas described in Sec. 648.81(d)(1), (e)(1), and (f)(4) during the time periods specified.vessel, fail to comply with the seasonal GOM cod possession prohibition described in Sec. 648.89(c)(1)(v), or, if the vessel has been issued a charter/party permit or is fishing under charter/party regulations, fail to comply with the prohibition on fishing under Sec. 648.89(c)(2)(v).
(iv) Restriction on sale and transfer. Sell, trade, barter, or otherwise transfer; or attempt to sell, trade, barter or otherwise transfer; NE multispecies for a commercial purpose as specified in Sec. 648.89(d).
(v) Size limits. If fishing under the recreational or charter/party regulations, possess regulated species or ocean pout that are smaller than the minimum fish sizes specified in Sec. 648.89(b)(1) and (b)(3).
(vi) Identification. If fishing under the recreational or charter/party regulations, possess regulated species or ocean pout without at least 2 square inches (5.1 square cm) of contiguous skin that allows for the ready identification of the species of fish upon landing.
(vii) Atlantic wolffish. If fishing under the recreational or charter/party regulations, possess Atlantic wolffish.
(17) Presumptions. For purposes of this part, the following presumptions apply:
(i) Regulated species possessed for sale that do not meet the minimum sizes specified in Sec. 648.83 are deemed to have been taken or imported in violation of these regulations, unless the preponderance of all submitted evidence demonstrates that such fish were harvested by a vessel not issued a permit under this part and fishing exclusively within state waters, or by a vessel that fished exclusively in the NAFO Regulatory Area. This presumption does not apply to fish being sorted on deck.
(ii) Regulated species possessed for sale that do not meet the minimum sizes specified in Sec. 648.83 are deemed taken from the EEZ or imported in violation of these regulations, unless the preponderance of all submitted evidence demonstrates that such fish were harvested by a vessel not issued a permit under this part and fishing exclusively within state waters, or by a vessel that fished exclusively in the NAFO Regulatory Area. This presumption does not apply to fish being sorted on deck.
(18) Trimester TAC AM--(i) Vessel and operator permit holders. (A) Fish for, harvest, possess, or land regulated species or ocean pout in or from the closed areas specified in Sec. 648.82(n)(2)(ii) once such areas are closed pursuant to Sec. 648.82(n)(2)(i).
(i) Vessel and operator permit holders. (A) Fish for, harvest, possess, or land regulated species or ocean pout in or from the closed areas specified in Sec. 648.82(n)(2)(ii) once such areas are closed pursuant to Sec. 648.82(n)(2)(i).
(A) Fish for, harvest, possess, or land regulated species or ocean pout in or from the closed areas specified in Sec. 648.82(n)(2)(ii) once such areas are closed pursuant to Sec. 648.82(n)(2)(i).
(B)-(D) [Reserved]
(19) At-sea/electronic monitoring service providers. It is unlawful for any at-sea/electronic monitoring service provider, including individual at-sea monitors, to do any of the following:
(i) Fail to comply with the operational requirements, including the recordkeeping and reporting requirements, specified in Sec. 648.87(b)(5).
(ii) Provide false or inaccurate information regarding area fished; species identification; or amount of each species kept, discarded, or landed.
(20) AMs for both stocks of windowpane flounder, ocean pout, Atlantic halibut, Atlantic wolffish, and SNE/MA winter flounder. It is unlawful for any person, including any owner or operator of a vessel issued a valid Federal NE multispecies permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to fail to comply with the restrictions on fishing and gear specified in Sec. 648.90(a)(5)(i)(D).
(l) Small-mesh multispecies. (1) It is unlawful for any person owning or operating a vessel issued a valid Federal multispecies permit to land, offload, or otherwise transfer; or attempt to land, offload, or otherwise transfer; small-mesh multispecies from one vessel to another in excess of the limits specified in Sec. 648.13.
(1) It is unlawful for any person owning or operating a vessel issued a valid Federal multispecies permit to land, offload, or otherwise transfer; or attempt to land, offload, or otherwise transfer; small-mesh multispecies from one vessel to another in excess of the limits specified in Sec. 648.13.
(2) Presumptions. For purposes of this part, the following presumption applies: All small-mesh multispecies retained or possessed on a vessel issued any permit under Sec. 648.4 are deemed to have been harvested from the EEZ.
(m) Monkfish. It is unlawful for any person owning or operating a vessel that engages in fishing for monkfish to do any of the following, unless otherwise fishing in accordance with, and exempted under, the provisions of Sec. 648.17:
(1) Permit requirement. (i) Fish for, possess, retain, or land monkfish, unless:
(i) Fish for, possess, retain, or land monkfish, unless:
(A) The monkfish are being fished for, or were harvested, in or from the EEZ by a vessel issued a valid monkfish permit under Sec. 648.4(a)(9).
(B) The vessel does not hold a valid Federal monkfish permit and fishes for or possesses monkfish exclusively in state waters.
(C) The vessel does not hold a valid Federal monkfish permit and engages in recreational fishing.
(D) The monkfish were harvested from the NAFO Regulatory Area in accordance with the provisions specified under Sec. 648.17.
(ii) Fish for, possess, or land monkfish in or from the EEZ without having been issued and possessing a valid operator permit pursuant to Sec. 648.5, and this permit is onboard the vessel.
(2) Gear requirements. (i) Fish with or use nets with mesh size smaller than the minimum mesh size specified in Sec. 648.91(c) while fishing under a monkfish DAS.
(i) Fish with or use nets with mesh size smaller than the minimum mesh size specified in Sec. 648.91(c) while fishing under a monkfish DAS.
(ii) Fail to immediately produce gillnet tags when requested by an authorized officer.
(iii) Tag a gillnet with, or otherwise use or possess, a gillnet tag that has been reported lost, missing, destroyed, or issued to another vessel, or use or possess a false gillnet tag.
(iv) Sell, transfer, or give away gillnet tags.
(v) If the vessel has been issued a valid limited access monkfish permit, and fishes under a monkfish DAS, fail to comply with gillnet requirements and restrictions specified in Sec. 648.92(b)(8).
(3) Area restrictions. (i) Fail to comply with the restrictions applicable to limited access Category G and H vessels specified under Sec. 648.92(b)(9).
(i) Fail to comply with the restrictions applicable to limited access Category G and H vessels specified under Sec. 648.92(b)(9).
(ii) Fail to comply with the NFMA requirements specified at Sec. 648.94(f).
(4) DAS requirements. (i) Fail to comply with the monkfish DAS provisions specified at Sec. 648.92 when issued a valid limited access monkfish permit.
(i) Fail to comply with the monkfish DAS provisions specified at Sec. 648.92 when issued a valid limited access monkfish permit.
(ii) Combine, transfer, or consolidate monkfish DAS allocations.
(5) Size limits. Fail to comply with the monkfish size limit restrictions of Sec. 648.93 when issued a valid monkfish permit under Sec. 648.4(a)(9) or when fishing in the EEZ.
(6) Possession and landing. (i) Fail to comply with the monkfish possession limits and landing restrictions, including liver landing restrictions, specified under Sec. 648.94.
(i) Fail to comply with the monkfish possession limits and landing restrictions, including liver landing restrictions, specified under Sec. 648.94.
(ii) Violate any provision of the monkfish incidental catch permit restrictions as specified in Secs. 648.4(a)(9)(ii) or 648.94(c).
(7) Transfer and sale. (i) Sell, barter, trade, or otherwise transfer for a commercial purpose; or attempt to sell, barter, trade, or otherwise transfer for a commercial purpose; any monkfish from a vessel without having been issued a valid monkfish vessel permit, unless the vessel fishes for monkfish exclusively in state waters, or exclusively in the NAFO Regulatory Area in accordance with the provisions specified under Sec. 648.17.
(i) Sell, barter, trade, or otherwise transfer for a commercial purpose; or attempt to sell, barter, trade, or otherwise transfer for a commercial purpose; any monkfish from a vessel without having been issued a valid monkfish vessel permit, unless the vessel fishes for monkfish exclusively in state waters, or exclusively in the NAFO Regulatory Area in accordance with the provisions specified under Sec. 648.17.
(ii) Purchase, possess, or receive as a dealer, or in the capacity of a dealer, monkfish in excess of the possession or trip limits specified in Sec. 648.94.
(iii) Land, offload, or otherwise transfer; or attempt to land, offload, or otherwise transfer; monkfish from one vessel to another vessel, unless each vessel has not been issued a monkfish permit and fishes exclusively in state waters.
(8) Presumption. For purposes of this part, the following presumption applies: All monkfish retained or possessed on a vessel issued any permit under Sec. 648.4 are deemed to have been harvested from the EEZ, unless the preponderance of evidence demonstrates that such fish were harvested by a vessel that fished exclusively in the NAFO Regulatory Area, as authorized under Sec. 648.17.
(n) Summer flounder--(1) All persons. Unless participating in a research activity as described in Sec. 648.22(g), it is unlawful for any person to do any of the following:
(1) All persons. Unless participating in a research activity as described in Sec. 648.22(g), it is unlawful for any person to do any of the following:
(i) Permit requirement. Possess summer flounder in or harvested from the EEZ, either in excess of the possession limit specified in Sec. 648.106, or before or after the time period specified in Sec. 648.105, unless the vessel was issued a summer flounder moratorium permit and the moratorium permit is on board the vessel and has not been surrendered, revoked, or suspended.
(ii) Transfer and purchase. (A) Purchase or otherwise receive for a commercial purpose, other than solely for transport on land, summer flounder from the owner or operator of a vessel issued a summer flounder moratorium permit, unless in possession of a valid summer flounder dealer permit.
(A) Purchase or otherwise receive for a commercial purpose, other than solely for transport on land, summer flounder from the owner or operator of a vessel issued a summer flounder moratorium permit, unless in possession of a valid summer flounder dealer permit.
(B) Purchase or otherwise receive for commercial purposes summer flounder caught by a vessel subject to the possession limit of Sec. 648.106.
(C) Purchase or otherwise receive for a commercial purpose summer flounder landed in a state after the effective date published in the Federal Register notifying permit holders that commercial quota is no longer available in that state for the respective fishing year.
(iii) Gear requirements. Possess nets or netting with mesh not meeting the minimum mesh requirement of Sec. 648.108 if the person possesses summer flounder harvested in or from the EEZ in excess of the threshold limit of Sec. 648.106(a).
(2) Vessel and operator permit holders. Unless participating in a research activity as described in Sec. 648.102(e), it is unlawful for any person owning or operating a vessel issued a summer flounder permit (including a moratorium permit) to do any of the following:
(i) Possession and landing. (A) Possess 100 lb (45.4 kg) or more of summer flounder between May 1 and October 31, or 200 lb (90.7 kg) or more of summer flounder between November 1 and April 30, unless the vessel meets the gear requirements or restrictions specified in Sec. 648.108.
(A) Possess 100 lb (45.4 kg) or more of summer flounder between May 1 and October 31, or 200 lb (90.7 kg) or more of summer flounder between November 1 and April 30, unless the vessel meets the gear requirements or restrictions specified in Sec. 648.108.
(B) Possess summer flounder in other than a container specified in Sec. 648.106(d) if fishing with nets having mesh that does not meet the minimum mesh-size requirement specified in Sec. 648.108(a), unless the vessel is fishing pursuant to the exemptions specified in Sec. 648.108(b).
(C) Land summer flounder for sale in a state after the effective date of a notification in the Federal Register notifying permit holders that commercial quota is no longer available in that state.
(D) Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any summer flounder, possessed or landed by a vessel not issued a summer flounder moratorium permit.
(ii) Transfer and purchase. Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any summer flounder, unless the transferee has a valid summer flounder dealer permit.
(iii) Gear requirements. (A) Fish with or possess nets or netting that do not meet the minimum mesh requirement, or that are modified, obstructed or constricted, if subject to the minimum mesh requirement specified in Sec. 648.108, unless the nets or netting are stowed in accordance with Sec. 648.108(e).
(A) Fish with or possess nets or netting that do not meet the minimum mesh requirement, or that are modified, obstructed or constricted, if subject to the minimum mesh requirement specified in Sec. 648.108, unless the nets or netting are stowed in accordance with Sec. 648.108(e).
(B) Fish with or possess nets or netting that do not meet the minimum mesh requirement, or that are modified, obstructed or constricted, if fishing with an exempted net described in Sec. 648.108, unless the nets or netting are stowed in accordance with Sec. 648.108(f).
(C) Fish west or south, as appropriate, of the line specified in Sec. 648.108(b)(1) if exempted from the minimum mesh requirement specified in Sec. 648.108 by a summer flounder exemption permit.
(3) Charter/party restrictions. Unless participating in a research activity as described in Sec. 648.102(e), it is unlawful for the owner and operator of a party or charter boat issued a summer flounder permit (including a moratorium permit), when the boat is carrying passengers for hire or carrying more than three crew members if a charter boat or more than five members if a party boat, to:
(i) Carry passengers for hire, or carry more than three crew members for a charter boat or five crew members for a party boat, while fishing commercially pursuant to a summer flounder moratorium permit.
(ii) Possess summer flounder in excess of the possession limit established pursuant to Sec. 648.106.
(iii) Fish for summer flounder other than during a season specified pursuant to Sec. 648.105.
(iv) Sell or transfer summer flounder to another person for a commercial purpose.
(4) Presumption. For purposes of this part, the following presumption applies: All summer flounder retained or possessed on a vessel issued a permit under Sec. 648.4 are deemed to have been harvested in the EEZ.
(o) Scup--(1) All persons. Unless participating in a research activity as described in Sec. 648.122(e), it is unlawful for any person to do any of the following:
(1) All persons. Unless participating in a research activity as described in Sec. 648.122(e), it is unlawful for any person to do any of the following:
(i) Permit requirement. Fish for, catch, or retain for sale, barter, or trade scup in or from the EEZ north of 3515.3 N. lat. on board a party or charter boat without the vessel having been issued an applicable valid party or charter boat permit pursuant to Sec. 648.4(a)(6), unless the vessel other than a party or charter vessel observes the possession limit restrictions and prohibition against sales specified in Sec. 648.125.
(ii) Possession and landing. (A) Possess scup in or harvested from the EEZ north of 3515.3 N. lat. in an area closed, or before or after a season established pursuant to Secs. 648.124 and 648.127.
(A) Possess scup in or harvested from the EEZ north of 3515.3 N. lat. in an area closed, or before or after a season established pursuant to Secs. 648.124 and 648.127.
(B) Possess scup in excess of the possession limit established pursuant to Sec. 648.125.
(C) Fish for, possess, or land scup harvested in or from the EEZ north of 3515.3 N. lat. for a commercial purpose after the effective date of a notification published in the Federal Register stating that the commercial quota has been harvested.
(D) Fish for, catch, possess, or retain scup in or from the EEZ north of 3515.3 N. lat. in excess of the amount specified in Sec. 648.125, unless the vessel complies with all of the gear restrictions in Sec. 648.125.
(E) Fish for, catch, retain, or land scup in or from the EEZ north of 3515.3 N. lat. in excess of the limit established through the annual specification process and published in the Federal Register pursuant to Sec. 648.122(a).
(iii) Minimum fish size. Possess, other than solely for transport on land, scup harvested in or from the EEZ north of 3515.3 N. lat. that do not meet the minimum fish size specified in Sec. 648.126.
(iv) Transfer and purchase. Purchase or otherwise receive for a commercial purpose scup harvested from the EEZ north of 3515.3 N. lat., or from a vessel issued a scup moratorium permit after the effective date of a notification published in the Federal Register stating that the commercial quota has been harvested.
(v) Gear requirements. Fail to comply with any of the gear restrictions specified in Sec. 648.125.
(vi) Gear restricted areas. Fish for, catch, possess, retain, or land longfin squid, silver hake, or black sea bass in or from the areas and during the time periods described in Sec. 648.124(a) or (b) while in possession of any trawl nets or netting that do not meet the minimum mesh restrictions or that are obstructed or constricted as specified in Secs. 648.124 and 648.125(a), unless the nets or netting are stowed in accordance with Sec. 648.125(a)(5).
(2) Vessel and operator permit holders. Unless participating in a research activity as described in Sec. 648.122(e), it is unlawful for any person owning or operating a vessel issued a scup permit (including a moratorium permit) to do any of the following:
(i) Possession and landing. (A) Possess scup in excess of the threshold amount specified in Sec. 648.125, unless the vessel meets the minimum mesh-size restrictions specified in Sec. 648.125.
(A) Possess scup in excess of the threshold amount specified in Sec. 648.125, unless the vessel meets the minimum mesh-size restrictions specified in Sec. 648.125.
(B) Land scup for sale after the effective date of a notification published in the Federal Register stating that the commercial quota has been harvested.
(C) Possess scup in, or harvested from, the EEZ in an area closed by, or before or after a season established pursuant to Sec. 648.124.
(ii) Transfer and purchase. (A) Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any scup, unless the transferee has a dealer permit issued under Sec. 648.6.
(A) Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any scup, unless the transferee has a dealer permit issued under Sec. 648.6.
(B) Transfer scup at sea, or attempt to transfer at sea to any vessel, any scup taken from the EEZ, unless in compliance with the provisions of Sec. 648.13(i).
(3) Charter/party requirements. Unless participating in a research activity as described in Sec. 648.122(e), it is unlawful for the owner or operator of a party or charter boat issued a scup permit (including a moratorium permit), when the boat is carrying passengers for hire, or when carrying more than three crew members, if a charter boat, or more than five members, if a party boat to:
(i) Carry passengers for hire, or carry more than three crew members for a charter boat, or five crew members for a party boat, while fishing for scup under the terms of a moratorium permit issued pursuant to Sec. 648.4(a)(6).
(ii) Possess scup in excess of the possession limit established pursuant to Sec. 648.128.
(iii) Fish for scup other than during a season established pursuant to Sec. 648.124.
(iv) Sell scup or transfer scup to another person for a commercial purpose other than solely for transport on land.
(v) Possess scup that do not meet the minimum fish size specified in Sec. 648.126(b).
(4) Presumption. For purposes of this part, the following presumption applies: All scup retained or possessed on a vessel issued a permit under Sec. 648.4 are deemed to have been harvested in the EEZ, north of 3515.3 N. lat., unless a preponderance of the evidence shows the fish were harvested by a vessel that fished exclusively in state waters.
(p) Black sea bass--(1) All persons. Unless participating in a research activity as described in Sec. 648.142(d), it is unlawful for any person to do any of the following:
(1) All persons. Unless participating in a research activity as described in Sec. 648.142(d), it is unlawful for any person to do any of the following:
(i) Permit requirement. Possess black sea bass in or harvested from the EEZ north of 3515.3 N. lat., either in excess of the possession limit established pursuant to Sec. 648.145, or before or after the time period established pursuant to Sec. 648.146, unless the person is operating a vessel issued a moratorium permit under Sec. 648.4 and the moratorium permit is on board the vessel.
(ii) Possession and landing. Fish for, catch, possess, land, or retain black sea bass in or from the EEZ north of 3515.3 N. lat. (the latitude of Cape Hatteras Light, NC, to the U.S.-Canadian border) in excess of the amount specified in Sec. 648.144(a)(1)(i), unless the vessel complies with all of the gear restrictions at Sec. 648.144(a).
(iii) Transfer and purchase. Purchase or otherwise receive for commercial purposes, other than solely for transport on land, black sea bass landed for sale by a moratorium vessel in any state, or part thereof, north of 3515.3 N. lat., after the effective date of a notification published in the Federal Register stating that the commercial annual quota has been harvested and the EEZ is closed to the harvest of black sea bass.
(iv) Gear restriction. Fail to comply with any of the gear restrictions specified in Sec. 648.144.
(v) Minimum fish size. Fish for, possess, land, or retain black sea bass in or from the EEZ that does not comply with the minimum fish size specified in Sec. 648.147.
(vi) Special management zone. Fail to comply with any of the restrictions for special management zones specified in Sec. 648.148(b).
(2) Vessel and operator permit holders. Unless participating in a research activity as described in Sec. 648.142(d), it is unlawful for any person owning or operating a vessel issued a black sea bass permit (including a moratorium permit) to do any of the following:
(i) Permit requirement. Sell or transfer to another person for a commercial purpose, other than solely for transport on land, any black sea bass from a vessel, unless the transferee has a valid black sea bass dealer permit.
(ii) Possession and landing. (A) Land black sea bass for sale in any state, or part thereof, north of 3515.3 N. lat. after the effective date of a notification published in the Federal Register stating that the commercial annual quota has been harvested and the EEZ is closed to the harvest of black sea bass.
(A) Land black sea bass for sale in any state, or part thereof, north of 3515.3 N. lat. after the effective date of a notification published in the Federal Register stating that the commercial annual quota has been harvested and the EEZ is closed to the harvest of black sea bass.
(B) Possess, retain, or land black sea bass harvested in or from the EEZ in excess of the commercial possession limit established at Sec. 648.140.
(C) Land black sea bass for sale in any state south of North Carolina.
(D) Possess black sea bass after the effective date of a notification published in the Federal Register stating that the commercial annual quota has been harvested and the EEZ is closed to the harvest of black sea bass, unless the vessel has been issued a Southeast Region Snapper/Grouper Permit and fishes for and possess black sea bass south of 3515.3 N. lat.
(3) Charter/party restrictions. Unless participating in a research activity as described in Sec. 648.142(e), it is unlawful for the owner or operator of a party or charter boat issued a black sea bass permit (including a moratorium permit), when the boat is carrying passengers for hire or carrying more than three crew members, if a charter boat, or more than five members, if a party boat, to:
(i) Fish for black sea bass under the terms of a moratorium permit issued pursuant to Sec. 648.4(a)(7).
(ii) Possess, retain, or land black sea bass in excess of the possession limit established pursuant to Sec. 648.145.
(iii) Fish for black sea bass other than during a time allowed pursuant to Sec. 648.146.
(iv) Sell black sea bass or transfer black sea bass from a vessel to another person for a commercial purpose other than solely for transport on land.
(4) Presumption. For purposes of this part, the following presumption applies: All black sea bass retained or possessed on a vessel issued a permit under Sec. 648.4 are deemed to have been harvested in the EEZ, unless the vessel also has been issued a Southeast Region Snapper/Grouper permit and fishes for, retains, or possesses black sea bass south of 3515.3 N. lat.
(q) Bluefish. Unless participating in a research activity as described in Sec. 648.162(g), it is unlawful for any person to do any of the following:
(1) Permit requirement. Possess in or harvest from the EEZ, Atlantic bluefish, in excess of the daily possession limit found at Sec. 648.164, unless the vessel is issued a valid Atlantic bluefish vessel permit under Sec. 648.4(a)(8)(i) and the permit is on board the vessel and has not been surrendered, revoked, or suspended.
(2) Possession and landing. (i) Land bluefish for sale in a state after the effective date of a notification in the Federal Register pursuant to Sec. 648.163(b), that the commercial quota is no longer available in that state.
(i) Land bluefish for sale in a state after the effective date of a notification in the Federal Register pursuant to Sec. 648.163(b), that the commercial quota is no longer available in that state.
(ii) Land bluefish for sale after the effective date of a notification in the Federal Register pursuant to Sec. 648.163(a), that the bluefish fishery is closed.
(3) Transfer and purchase. (i) Sell, barter, trade or transfer; or attempt to sell, barter, trade or otherwise transfer; other than for transport, bluefish that were harvested in or from the EEZ, unless the vessel has been issued a valid bluefish permit under Sec. 648.4(a)(8)(i).
(i) Sell, barter, trade or transfer; or attempt to sell, barter, trade or otherwise transfer; other than for transport, bluefish that were harvested in or from the EEZ, unless the vessel has been issued a valid bluefish permit under Sec. 648.4(a)(8)(i).
(ii) Purchase or otherwise receive for a commercial purpose bluefish harvested from the EEZ after the effective date of the notification published in the Federal Register stating that the commercial quota has been harvested.
(iii) Purchase or otherwise receive for a commercial purpose bluefish harvested by a Federally permitted vessel after the effective date of the notification published in the Federal Register stating that the commercial quota has been harvested.
(4) Charter/party restrictions. Carry passengers for hire, or carry more than three crew members for a charter boat or five crew members for a party boat, while fishing commercially pursuant to a bluefish permit issued under Sec. 648.4(a)(8).
(5) Presumption. For purposes of this part, the following presumption applies: All bluefish possessed on board a party or charter vessel issued a permit under Sec. 648.4(a)(8)(ii) are deemed to have been harvested from the EEZ.
(r) Atlantic herring--(1) All persons. It is unlawful for any person to do any of the following:
(1) All persons. It is unlawful for any person to do any of the following:
(i) Permit requirement. Operate, or act as an operator of, a vessel with an Atlantic herring permit, or a vessel fishing for or possessing herring in or from the EEZ, unless the operator has been issued, and is in possession of, a valid operator permit.
(ii) Possession and landing. (A) Fish for, possess, retain or land herring, unless:
(1) The herring are being fished for, or were harvested in or from, the EEZ by a vessel holding a valid herring permit under this part and the operator on board such vessel possesses a valid operator permit that is on board the vessel.
(2) The herring were harvested by a vessel not issued a herring permit that fished exclusively in state waters.
(3) The herring were harvested in or from the EEZ by a vessel engaged in recreational fishing.
(4) The herring were possessed for personal use as bait.
(5) Unless otherwise specified in Sec. 648.17.
(B) Fish for, possess, transfer, receive, or sell; or attempt to fish for, possess, transfer, receive, or sell; more than 2,000 lb (907.2 kg) of herring per trip; or land, or attempt to land more than 2,000 lb (907.2 kg) of herring per day in or from a management area closed pursuant to Sec. 648.201(a), or from a river herring and shad catch cap closure area that has been closed to specified gear pursuant to Sec. 648.201(a)(4)(ii), if the vessel has been issued and holds a valid herring permit.
(C) Possess or land more herring than is allowed by the vessel's Atlantic herring permit or the most restrictive herring possession limit associated with the permits issued to vessels working cooperatively, including vessels pair trawling, purse seining, or transferring herring at-sea.
(iii) Processing requirements. (A) Process herring that was caught in or from the EEZ by a U.S. vessel that exceeds the size limits specified in Sec. 648.4(a)(10)(iii), in excess of the specification of USAP.
(A) Process herring that was caught in or from the EEZ by a U.S. vessel that exceeds the size limits specified in Sec. 648.4(a)(10)(iii), in excess of the specification of USAP.
(B) Discard herring carcasses at sea after removing the roe, if a Federally permitted vessel; or in the EEZ, if not a Federally permitted vessel.
(C) Catch, take, or harvest herring for roe, at sea, if a Federally permitted vessel; or if not Federally permitted, in or from the EEZ in excess of any limit established by Sec. 648.206(b)(24).
(iv) Transfer and purchase. (A) Purchase, possess, receive; or attempt to purchase, possess, or receive; as a dealer, or in the capacity of a dealer, herring harvested in or from the EEZ, without having been issued, and in possession of, a valid herring dealer permit.
(A) Purchase, possess, receive; or attempt to purchase, possess, or receive; as a dealer, or in the capacity of a dealer, herring harvested in or from the EEZ, without having been issued, and in possession of, a valid herring dealer permit.
(B) Purchase, possess, receive; or attempt to purchase, possess, or receive; as a processor, or in the capacity of a processor, herring from a fishing vessel with a herring permit or from a dealer with a herring dealer permit, without having been issued, and in possession of, a valid herring processor permit.
(C) Sell, barter, trade, or otherwise transfer; or attempt to sell, barter, trade, or otherwise transfer; for a commercial purpose, any herring, unless the harvesting vessel has been issued a herring permit, or unless the herring were harvested by a vessel without a Federal herring permit that fished exclusively in state waters.
(D) Purchase, possess, or receive, for a commercial purpose; or attempt to purchase, possess, or receive, for a commercial purpose; herring caught by a vessel without a herring permit, unless the herring was harvested by a vessel without a Federal herring permit that fished exclusively in state waters.
(E) Transfer, or attempt to transfer, herring to a Canadian transshipment vessel that is permitted in accordance with Public Law 104-297, if the amount of herring transshipped exceeds the amount of the border transfer specified in Sec. 648.200.
(v) Gear and vessel requirements. (A) If fishing with midwater trawl or purse seine gear, fail to comply with the requirements of Sec. 648.80(d) and (e).
(A) If fishing with midwater trawl or purse seine gear, fail to comply with the requirements of Sec. 648.80(d) and (e).
(B) Catch, take, or harvest Atlantic herring in or from the EEZ with a U.S. vessel that exceeds the size limits specified in Sec. 648.4(a)(10)(iii).
(vi) Area requirements. (A) For the purposes of observer deployment, fail to notify NMFS at least 72 hr prior to departing on a declared herring trip with a vessel issued an All Areas Limited Access Herring Permit and/or an Area 2 and 3 Limited Access Herring Permit and fishing with midwater trawl or purse seine gear, or on a trip with a vessel issued a Limited Access Incidental Catch Herring Permit and/or an Open Access Herring Permit that is fishing with midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1) and (3), pursuant to the requirements in Sec. 648.80(d) and (e).
(A) For the purposes of observer deployment, fail to notify NMFS at least 72 hr prior to departing on a declared herring trip with a vessel issued an All Areas Limited Access Herring Permit and/or an Area 2 and 3 Limited Access Herring Permit and fishing with midwater trawl or purse seine gear, or on a trip with a vessel issued a Limited Access Incidental Catch Herring Permit and/or an Open Access Herring Permit that is fishing with midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1) and (3), pursuant to the requirements in Sec. 648.80(d) and (e).
(B) Possess, land, transfer, receive, sell, purchase, trade, or barter; or attempt to transfer, receive, sell, purchase, trade, or barter, or sell more than 2,000 lb (907 kg) of Atlantic herring per trip taken from the Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, defined in Sec. 648.86(a)(3)(ii)(A)(1), by a vessel issued an Atlantic herring permit and that fished with midwater trawl gear, after the haddock cap for the area(s) has been reached pursuant to Sec. 648.86(a)(3), unless all herring possessed or landed by the vessel was caught outside the applicable Accountability Measure Area(s).
(C) Transit the Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, defined in Sec. 648.86(a)(3)(ii)(A)(1), with a vessel issued an Atlantic herring permit and that fished with midwater trawl gear, when the 2,000-lb (907.2 kg) limit specified in Sec. 648.86(a)(3)(ii)(A)(1) is in place for the area being transited, in possession of more than 2,000 lb (907.2 kg) of herring, unless all herring on board was caught outside of the applicable Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, and all fishing gear is stowed and not available for immediate use, as defined in Sec. 648.2.
(D) Fish for herring in Area 1A from June 1 through September 30 with midwater trawl gear.
(E) Possess or land haddock taken from the Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, defined in Sec. 648.86(a)(3)(ii)(A)(1), by a vessel issued an Atlantic herring permit and that fished with midwater trawl gear, after the haddock cap for the area(s) has been reached pursuant to Sec. 648.86(a)(3), unless all haddock possessed or landed by the vessel was caught outside the applicable Accountability Measure Area(s).
(F) Transit the Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, defined in Sec. 648.86(a)(3)(ii)(A)(1), with a vessel issued an Atlantic herring permit and that fished with midwater trawl gear, when the 0-lb (0-kg) haddock possession limit in Sec. 648.86(a)(3)(ii)(A)(1) is in place for the area being transited, in possession of haddock, unless all haddock on board was caught outside of the applicable Herring GOM Haddock Accountability Measure Area and/or the Herring GB Haddock Accountability Measure Area, and all fishing gear is stowed and not available for immediate use, as defined in Sec. 648.2.
(G) Fish for, possess, or retain herring in any management area during a season that has zero percent of the herring sub-ACL allocated as specified in Sec. 648.201(d).
(vii) Transit and transport. (A) Transit or be in an area closed to fishing for Atlantic herring pursuant to Sec. 648.201(a) with more than 2,000 lb (907.2 kg) of herring, unless all fishing gear is not available for immediate use as defined in Sec. 648.2.
(A) Transit or be in an area closed to fishing for Atlantic herring pursuant to Sec. 648.201(a) with more than 2,000 lb (907.2 kg) of herring, unless all fishing gear is not available for immediate use as defined in Sec. 648.2.
(B) Receive Atlantic herring at sea in or from the EEZ, solely for transport, without an Atlantic herring carrier letter of authorization from the Regional Administrator or having declared an Atlantic herring carrier trip via VMS consistent with the requirements at Sec. 648.4(a)(10)(ii).
(C) Fail to comply with a letter of authorization from the Regional Administrator.
(D) Transit Area 1A from June 1 through September 30 with more than 2,000 lb (907.2 kg) of herring without mid-water trawl gear properly stowed and not available for immediate use as defined in Sec. 648.2.
(E) Discard haddock at sea that has been brought on deck, or pumped into the hold, of a vessel issued an All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit fishing on a declared herring trip, regardless of gear or area fished, or on a trip with a vessel issued a Limited Access Incidental Catch Herring Permit and/or an Open Access Herring Permit fishing with midwater trawl gear, pursuant to the requirements in Sec. 648.80(d) and (e).
(viii) VMS requirements. (A) Catch, take, or harvest Atlantic herring in or from the EEZ, if a limited access herring vessel, unless equipped with an operable VMS unit.
(A) Catch, take, or harvest Atlantic herring in or from the EEZ, if a limited access herring vessel, unless equipped with an operable VMS unit.
(B) Fail to notify the NMFS Office of Law Enforcement of the time and date of landing via VMS at least 6 hr prior to landing herring at the end of a declared herring trip, if a vessel has an All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit and is fishing with either midwater trawl or purse seine gear, or a Limited Access Incidental Catch Herring Permit and is fishing with midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1) and (3).
(C) Fail to declare via VMS into the herring fishery by entering the appropriate herring fishery code and appropriate gear code prior to leaving port at the start of each trip to harvest, possess, or land herring, if a vessel has been issued a Limited Access Herring Permit or issued an Areas 2/3 Open Access Herring Permit or is intending to act as an Atlantic herring carrier.
(D) Fail to notify NMFS Office of Law Enforcement through VMS of the time and place of offloading at least 6 hr prior to landing or, if fishing ends less than 6 hours before landing, as soon as the vessel stops catching fish, if a vessel has been issued a Limited Access Herring Permit or issued an Areas 2/3 Open Access Herring Permit or has declared an Atlantic herring carrier trip via VMS.
(2) Vessel and operator permit holders. It is unlawful for any person owning or operating a vessel holding a valid Federal Atlantic herring permit, or issued an operator's permit, to do any of the following:
(i) Sell, purchase, receive, trade, barter, or transfer haddock or other regulated NE. multispecies (cod, witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder, redfish, white hake, and Atlantic wolffish); or attempt to sell, purchase, receive, trade, barter, or transfer haddock or other regulated NE. multispecies for human consumption; if the regulated NE. multispecies are landed by a vessel issued an All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit fishing on a declared herring trip, regardless of gear or area fished, or by a vessel issued a Limited Access Incidental Catch Herring Permit and/or an Open Access Herring Permit fishing with midwater trawl gear pursuant to Sec. 648.80(d).
(ii) Fail to comply with requirements for herring processors/dealers that handle individual fish to separate out, and retain, for at least 12 hr, all haddock offloaded from a vessel issued an All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit that fished on a declared herring trip regardless of gear or area fished, or by a vessel issued a Limited Access Incidental Catch Herring Permit and/or an Open Access Herring Permit that fished with midwater trawl gear pursuant to Sec. 648.80(d).
(iii) Sell, purchase, receive, trade, barter, or transfer; or attempt to sell, purchase, receive, trade, barter, or transfer; to another person, any haddock or other regulated NE. multispecies (cod, witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder, redfish, white hake, and Atlantic wolffish) separated out from a herring catch offloaded from a vessel issued an All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit that fished on a declared herring trip regardless of gear or area fished, or by a vessel issued a Limited Access Incidental Catch Herring Permit and/or an Open Access Herring Permit that fished with midwater trawl gear pursuant to Sec. 648.80(d).
(iv) While operating as an at-sea herring processor, fail to comply with requirements to separate out and retain all haddock offloaded from a vessel issued an All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring Permit that fished on a declared herring trip regardless of gear or area fished, or by a vessel issued a Limited Access Incidental Catch Herring Permit and/or an Open Access Herring Permit that fished with midwater trawl gear pursuant to Sec. 648.80(d).
(v) Fish with midwater trawl gear in Closed Area I, as specified at Sec. 648.81(a), without a NMFS approved observer onboard, if the vessel has been issued an Atlantic herring permit.
(vi) Release fish from the codend of the net, transfer fish to another vessel that is not carrying a NMFS-approved observer, or otherwise discard fish at sea before bringing the fish aboard and making it available to the observer for sampling, unless subject to one of the exemptions as defined at Sec. 648.80(d)(7)(ii), if fishing any part of a tow inside Closed Area I, as defined at Sec. 648.81(a).
(vii) Fail to complete, sign, and submit an affidavit if fish are released pursuant to the exemptions detailed at Sec. 648.80(d)(7)(ii).
(viii) Fish with midwater trawl gear in any Northeast Multispecies Closed Area, as defined in Sec. 648.81(a) through (e), without a NMFS-approved observer on board, if the vessel has been issued an Atlantic herring permit.
(ix) Release fish from the net, transfer fish to another vessel that is not carrying a NMFS-approved observer, or otherwise discard, as defined in Sec. 600.10 of this chapter, fish at sea before bringing the fish aboard and making it available to the observer for sampling, unless subject to one of the exemptions defined at Sec. 648.202(b)(2), if fishing any part of a tow inside the Northeast Multispecies Closed Areas, as defined at Sec. 648.81(a) through (e).
(x) Fail to immediately leave the Northeast Multispecies Closed Areas and complete, sign, and submit an affidavit as required by Sec. 648.202(b)(2) and (4).
(xi) Release fish from the net, transfer fish to another vessel that is not carrying a NMFS-approved observer, or otherwise discard, as defined in Sec. 600.10 of this chapter, fish at sea before bringing the fish aboard and making it available to the observer for sampling, unless subject to one of the exemptions defined at defined at Sec. 648.11(m)(4)(i).
(xii) Fail to complete, sign, and submit an affidavit if fish are released pursuant to the requirements at Sec. 648.11(m)(4)(iii)(A).
(3) Presumption. For purposes of this part, the following presumption applies: All Atlantic herring retained or possessed on a vessel issued any permit under Sec. 648.4 are deemed to have been harvested from the EEZ, unless the preponderance of all submitted evidence demonstrates that such Atlantic herring were harvested by a vessel fishing exclusively in state waters.
(s) Spiny dogfish--(1) All persons. It is unlawful for any person to do any of the following:
(1) All persons. It is unlawful for any person to do any of the following:
(i) Permit requirement. Purchase or otherwise receive, other than solely for transport on land, spiny dogfish from any person on board a vessel issued a Federal spiny dogfish permit, unless the purchaser/receiver is in possession of a valid spiny dogfish dealer permit.
(ii) Transfer and purchase. Purchase or otherwise receive for a commercial purpose spiny dogfish landed by a Federally permitted vessel in any state, from Maine to Florida, after the EEZ is closed to the harvest of spiny dogfish.
(2) Vessel and operator permit holders. It is unlawful for any person owning or operating a vessel issued a valid Federal spiny dogfish permit or issued a valid Federal operator's permit to do any of the following:
(i) Permit requirement. Sell, barter, trade or transfer; or attempt to sell, barter, trade or otherwise transfer; other than solely for transport on land, spiny dogfish, unless the dealer, transferor, or transferee has a valid dealer permit issued under Sec. 648.6(a).
(ii) Possession and landing. (A) Fish for or possess spiny dogfish harvested in or from the EEZ after the EEZ is closed to the harvest of spiny dogfish.
(A) Fish for or possess spiny dogfish harvested in or from the EEZ after the EEZ is closed to the harvest of spiny dogfish.
(B) Land spiny dogfish for a commercial purpose after the EEZ is closed to the harvest of spiny dogfish.
(C) Possess more than the daily possession limit of spiny dogfish specified in Sec. 648.235.
(iii) Prohibition on finning. Violate any of the provisions in Secs. 600.1203 and 600.1204 applicable to the dogfish fishery that prohibit finning.
(t) Red crab. It is unlawful for any person to do any of the following:
(1) Permit requirement. Fish for, catch, possess, transport, land, sell, trade, or barter; or attempt to fish for, catch, possess, transport, land, sell, trade, or barter; any red crab or red crab parts in or from the EEZ portion of the Red Crab Management Unit, unless in possession of a valid Federal limited access red crab vessel permit or Federal red crab incidental catch permit.
(2) Possession and landing. (i) Fish for, catch, possess, transport, land, sell, trade, or barter; or attempt to fish for, catch, possess, transport, land, sell, trade, or barter; red crab in excess of the limits specified in Sec. 648.263.
(i) Fish for, catch, possess, transport, land, sell, trade, or barter; or attempt to fish for, catch, possess, transport, land, sell, trade, or barter; red crab in excess of the limits specified in Sec. 648.263.
(ii) Restriction on female red crabs. Fish for, catch, possess, transport, land, sell, trade, or barter; or attempt to fish for, catch, possess, transport, land, sell, trade, or barter; female red crabs in excess of one standard U.S. fish tote.
(iii) Fish for, possess, or land red crab, in excess of the incidental limit specified at Sec. 648.263(b)(1), after determination that the TAL has been reached and notice of the closure date has been made.
(3) Transfer and purchase. (i) Transfer at sea, or attempt to transfer at sea, either directly or indirectly, any red crab or red crab parts taken in or from the EEZ portion of the red crab management unit to any vessel.
(i) Transfer at sea, or attempt to transfer at sea, either directly or indirectly, any red crab or red crab parts taken in or from the EEZ portion of the red crab management unit to any vessel.
(ii) Purchase, possess, or receive; or attempt to purchase, possess, or receive; more than 500 lb (226.8 kg) of whole red crab, or its equivalent in weight in accordance with the conversion provisions in Sec. 648.263(a)(2), caught or possessed in the EEZ portion of the red crab management unit by a vessel without a valid Federal limited access red crab permit.
(iii) Purchase, possess, or receive; or attempt to purchase, possess, or receive; up to 500 lb (226.8 kg) of whole red crab, or its equivalent in weight in accordance with the conversion provisions in Sec. 648.263(a)(2), caught in the EEZ portion of the Red Crab Management Unit by a vessel that has not been issued a valid limited access red crab permit or red crab incidental catch permit under this subpart.
(iv) Purchase or otherwise receive for a commercial purpose in excess of the incidental limit specified at Sec. 648.263(b)(1), after determination that the TAL has been reached and notice of the closure date has been made.
(4) Prohibitions on processing and mutilation. (i) Retain, possess, or land red crab claws and legs separate from crab bodies in excess of one standard U.S. fish tote, if fishing on a red crab trip with a valid Federal limited access red crab permit.
(i) Retain, possess, or land red crab claws and legs separate from crab bodies in excess of one standard U.S. fish tote, if fishing on a red crab trip with a valid Federal limited access red crab permit.
(ii) Retain, possess, or land any red crab claws and legs separate from crab bodies if the vessel has not been issued a valid Federal limited access red crab permit or has been issued a valid Federal limited access red crab permit, but is not fishing on a dedicated red crab trip.
(iii) Retain, possess, or land more than two claws and eight legs per crab if the vessel has been issued a valid Federal red crab incidental catch permit, or has been issued a valid Federal limited access red crab permit and is not fishing on a dedicated red crab trip.
(iv) Possess or land red crabs that have been fully processed at sea, i.e., engage in any activity that removes meat from any part of a red crab, unless a preponderance of available evidence shows that the vessel fished exclusively in state waters and was not issued a valid Federal permit.
(5) Gear requirements. Fail to comply with any gear requirements or restrictions specified at Sec. 648.264.
(6) Presumption. For purposes of this part, the following presumption applies: All red crab retained or possessed on a vessel issued any permit under Sec. 648.4 are deemed to have been harvested in or from the Red Crab Management Unit, unless the preponderance of all submitted evidence demonstrates that such red crab were harvested by a vessel fishing exclusively outside of the Red Crab Management Unit or in state waters.
(u) Golden tilefish. It is unlawful for any person owning or operating a vessel to do any of the following:
(1) Permit requirements--(i) Operator permit. Operate, or act as an operator of, a vessel with a tilefish permit, or a vessel fishing for or possessing tilefish in or from the Tilefish Management Unit, unless the operator has been issued, and is in possession of, a valid operator permit.
(i) Operator permit. Operate, or act as an operator of, a vessel with a tilefish permit, or a vessel fishing for or possessing tilefish in or from the Tilefish Management Unit, unless the operator has been issued, and is in possession of, a valid operator permit.
(ii) Dealer permit. Purchase, possess, receive for a commercial purpose; or attempt to purchase, possess, or receive for a commercial purpose; as a dealer, or in the capacity of a dealer, tilefish that were harvested in or from the Tilefish Management Unit, without having been issued, and in possession of, a valid tilefish dealer permit.
(iii) Vessel permit. Sell, barter, trade, or otherwise transfer from a vessel; or attempt to sell, barter, trade, or otherwise transfer from a vessel; for a commercial purpose, other than solely for transport on land, any tilefish, unless the vessel has been issued a tilefish permit, or unless the tilefish were harvested by a vessel without a tilefish permit that fished exclusively in State waters.
(2) Possession and landing. (i) Fish for, possess, retain, or land tilefish, unless:
(i) Fish for, possess, retain, or land tilefish, unless:
(A) The tilefish are being fished for or were harvested in or from the Tilefish Management Unit by a vessel holding a valid tilefish permit under this part, and the operator on board such vessel has been issued an operator permit that is on board the vessel.
(B) The tilefish were harvested by a vessel that has not been issued a tilefish permit and that was fishing exclusively in State waters.
(C) The tilefish were harvested in or from the Tilefish Management Unit by a vessel, other than a Party/Charter vessel, that is engaged in recreational fishing.
(ii) Land or possess tilefish harvested in or from the Tilefish Management Unit, in excess of the trip limit pursuant to Sec. 648.295, without a valid tilefish IFQ Allocation permit, as specified in Sec. 648.294(a).
(iii) Land tilefish harvested in or from the Tilefish Management Unit in excess of that authorized under a tilefish IFQ Allocation permit as described at Sec. 648.294(a).
(iv) Operate a vessel that takes recreational fishermen for hire to fish for tilefish in the Tilefish Management Unit without a valid tilefish Charter/Party permit, as required in Sec. 648.4(a)(12)(i).
(v) Fish for tilefish inside and outside of the Tilefish Management Unit on the same trip.
(vi) Discard tilefish harvested in or from the Tilefish Management Unit, as defined in Sec. 648.2, unless participating in recreational fishing, as defined in Sec. 648.2, or while fishing subject to a trip limit pursuant to Sec. 648.294(d)(3) or Sec. 648.295.
(vii) Land or possess tilefish in or from the Tilefish Management Unit, on a vessel issued a valid tilefish permit under this part, after the incidental fishery is closed pursuant to Sec. 648.245(b), unless fishing under a valid tilefish IFQ allocation permit as specified in Sec. 648.249(a), or engaged in recreational fishing.
(3) Transfer and purchase. (i) Purchase, possess, or receive for a commercial purpose, other than solely for transport on land; or attempt to purchase, possess, or receive for a commercial purpose, other than solely for transport on land; tilefish caught by a vessel without a tilefish permit, unless the tilefish were harvested by a vessel without a tilefish permit that fished exclusively in State waters.
(i) Purchase, possess, or receive for a commercial purpose, other than solely for transport on land; or attempt to purchase, possess, or receive for a commercial purpose, other than solely for transport on land; tilefish caught by a vessel without a tilefish permit, unless the tilefish were harvested by a vessel without a tilefish permit that fished exclusively in State waters.
(ii) Purchase or otherwise receive for commercial purposes tilefish caught in the EEZ from outside the Tilefish Management Unit unless otherwise permitted under 50 CFR part 622.
(4) Presumption. For purposes of this part, the following presumption applies: All tilefish retained or possessed on a vessel issued any permit under Sec. 648.4 are deemed to have been harvested in or from the Tilefish Management Unit, unless the preponderance of all submitted evidence demonstrates that such tilefish were harvested by a vessel fishing exclusively in State waters.
(v) Skates--(1) All persons. It is unlawful for any person to fish for, possess, transport, sell or land skates in or from the EEZ portion of the skate management unit, unless:
(1) All persons. It is unlawful for any person to fish for, possess, transport, sell or land skates in or from the EEZ portion of the skate management unit, unless:
(i) Onboard a vessel that possesses a valid skate vessel permit.
(ii) Onboard a federally permitted lobster vessel (i.e., transfer at sea recipient) while in possession of only whole skates as bait that are less than the maximum size specified at Sec. 648.322(c).
(2) All Federal permit holders. It is unlawful for any owner or operator of a vessel holding a valid Federal permit to do any of the following:
(i) Retain, possess, or land barndoor or thorny skates taken in or from the EEZ portion of the skate management unit specified at Sec. 648.2.
(ii) Retain, possess, or land smooth skates taken in or from the GOM RMA described at Sec. 648.80(a)(1)(i).
(3) Skate permitted vessel requirements. It is unlawful for any owner or operator of a vessel holding a valid Federal skate permit to do any of the following:
(i) Skate wings. Fail to comply with the conditions of the skate wing possession and landing limits specified at Sec. 648.322(b), unless holding a valid letter of authorization to fish for and land skates as bait at Sec. 648.322(c).
(ii) Possession and transfer. (A) Transfer at sea, or attempt to transfer at sea, to any vessel, any skates unless in compliance with the provisions of Secs. 648.13(h) and 648.322(c).
(A) Transfer at sea, or attempt to transfer at sea, to any vessel, any skates unless in compliance with the provisions of Secs. 648.13(h) and 648.322(c).
(B) Purchase, possess, trade, barter, or receive; or attempt to purchase, possess, trade, barter, or receive; skates caught in the EEZ portion of the skate management unit by a vessel that has not been issued a valid Federal skate permit under this part.
(C) Fish for, catch, possess, transport, land, sell, trade, or barter; or attempt to fish for, catch, possess, transport, land, sell, trade, or barter; whole skates and skate wings in excess of the possession limits specified at Sec. 648.322.
(iii) DAS notification and skate wing possession. Fail to comply with the provisions of the DAS notification program specified in Secs. 648.53, 648.82, and 648.92; for the Atlantic sea scallop, NE multispecies, and monkfish fisheries, respectively; when issued a valid skate permit and fishing under the skate wing possession limits at Sec. 648.322.
(iv) SNE Trawl and Gillnet Exemption areas restrictions. Fail to comply with the restrictions under the SNE Trawl and Gillnet Exemption areas for the NE skate fisheries at Secs. 648.80(b)(5)(i)(B) and 648.80(b)(6)(i)(B).
(4) Presumption. For purposes of this part, the following presumption applies: All skates retained or possessed on a vessel are deemed to have been harvested in or from the Skate Management Unit, unless the preponderance of evidence demonstrates that such skates were harvested by a vessel, that has not been issued a Federal skate permit, fishing exclusively outside of the EEZ portion of the skate management unit or only in state waters.
(w) Blueline tilefish. It is unlawful for any person owning or operating a vessel to do any of the following:
(1) Permit requirements--(i) Operator permit. Operate a vessel with a tilefish permit to fish for or possess blueline tilefish in or from the EEZ portion of the area defined at Sec. 648.298(a), unless the operator has been issued, and is in possession of, a valid operator permit.
(i) Operator permit. Operate a vessel with a tilefish permit to fish for or possess blueline tilefish in or from the EEZ portion of the area defined at Sec. 648.298(a), unless the operator has been issued, and is in possession of, a valid operator permit.
(ii) Vessel permit. Fish for, catch, possess, transport, land, sell, trade, or barter any blueline tilefish for a commercial purpose, other than solely for transport on land, unless the vessel has been issued a tilefish permit, or unless the blueline tilefish were harvested by a vessel without a tilefish permit that fished exclusively in State waters.
(2) Possession and landing. (i) Fish for, possess, retain, or land blueline tilefish, unless:
(i) Fish for, possess, retain, or land blueline tilefish, unless:
(A) The blueline tilefish are being fished for or were harvested in or from the EEZ portion of the area defined at Sec. 648.298(a) by a vessel holding a valid tilefish permit under this part, and the operator on board such vessel has been issued an operator permit that is on board the vessel.
(B) The blueline tilefish were harvested by a vessel that has not been issued a tilefish permit and that was fishing exclusively in State waters.
(C) The blueline tilefish are being fished for or were harvested in or from the EEZ portion of the area defined at Sec. 648.298(a) in accordance with the possession limits specified at Sec. 648.298(b) or (c).
(3) Fish for or possess blueline tilefish inside and outside of the EEZ portion of the area defined at Sec. 648.298(a) on the same trip.
(4) Transfer and purchase. (i) Purchase, possess, or receive for a commercial purpose, other than solely for transport on land; or attempt to purchase, possess, or receive for a commercial purpose, other than solely for transport on land; blueline tilefish caught by a vessel without a tilefish permit, unless the blueline tilefish were harvested by a vessel without a tilefish permit that fished exclusively in State waters.
(5) Presumption. For purposes of this part, the following presumption applies: All blueline tilefish retained or possessed on a vessel issued any permit under Sec. 648.4 are deemed to have been harvested in or from the EEZ portion of the area defined at Sec. 648.298(a), unless the preponderance of all submitted evidence demonstrates that such tilefish were harvested by a vessel fishing exclusively in State waters. [74 FR 20535, May 4, 2009]
Editorial Note: For Federal Register citations affecting Sec. 648.14, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
Effective Date Note: At 80 FR 31866, June 4, 2015, Sec. 648.14 was amended by adding paragraph (w), effective June 4, 2015 through Dec. 1, 2015.