Code of Federal Regulations (alpha)

CFR /  Title 50  /  Part 665  /  Sec. 665.243 Prohibitions.

In addition to the general prohibitions specified in 50 CFR Sec. Sec. 600.725 and 665.15, it is unlawful for any person to do any of the following:

(a) In Permit Area 1, it is unlawful for any person to--

(1) Fish for, take, or retain lobsters--

(i) Without a limited access permit issued under Sec. 665.242.

(ii) By methods other than lobster traps or by hand for lobsters, as specified in Sec. 665.245.

(iii) From closed areas for lobsters, as specified in Sec. 665.251.

(iv) During a closed season, as specified in Sec. 665.250.

(v) After the closure date, as specified in Sec. 665.252, and until the fishery opens again in the following calendar year.

(vi) In a lobster grounds after closure of that grounds as specified in Sec. 665.252(b).

(2) Fail to report before landing or offloading as specified in Sec. 665.244.

(3) Fail to comply with any protective measures implemented under Sec. 665.248.

(4) Leave a trap unattended in the Hawaii crustacean management area except as provided in Sec. 665.245.

(5) Maintain on board the vessel or in the water more than 1,200 traps per fishing vessel, of which no more than 1,100 can be assembled traps, as specified in Sec. 665.245.

(6) Land lobsters taken in Permit Area 1 after the closure date, as specified in Sec. 665.252, until the fishery opens again the following year.

(7) Refuse to make available to an authorized officer and employee of NMFS designated by the Regional Administrator for inspection and copying any records that must be made available in accordance with Sec. 665.14(g)(2).

(8) Possess on a fishing vessel that has a limited access permit issued under Sec. 665.242 any lobster trap in Crustacean Permit Area 1 when fishing for lobster is prohibited as specified in Sec. Sec. 665.248, 665.250(a), or 665.252, or except as allowed under Sec. 665.245(a)(7).

(9) Possess on a fishing vessel that has a limited access permit issued under this subpart any lobster trap in Crustacean Permit Area 1 VMS Subarea when fishing for lobsters is prohibited as specified in Sec. Sec. 665.248, 665.250(a), or 665.252, except as allowed under Sec. 665.245(a)(8).

(10) Interfere with, tamper with, alter, damage, disable, or impede the operation of a VMS unit or to attempt any of the same while engaged in the Permit Area 1 fishery; or to move or remove a VMS unit while engaged in the Permit Area 1 fishery without first notifying the Regional Administrator.

(11) Make a false statement, oral or written, to the Regional Administrator or an authorized officer, regarding the certification, use, operation, or maintenance of a VMS unit used in the fishery.

(12) Fail to allow an authorized officer to inspect and certify a VMS unit used in the fishery.

(13) Possess, on a fishing vessel that has a limited access permit issued under this subpart, any lobster trap in a lobster grounds that is closed under Sec. 665.252(b), unless the vessel has an operational VMS unit, certified by NMFS, on board.

(b) In Permit Area 2, it is unlawful for any person to--

(1) Fish for, take, or retain lobsters--

(i) By methods other than lobster traps or by hand, as specified in Sec. 665.245; or

(ii) During a closed season, as specified in Sec. 665.250(b).

(2) Retain or possess on a fishing vessel any lobster taken in Permit Area 2 that is less than the minimum size specified in Sec. 665.249.

(3) Possess on a fishing vessel any lobster or lobster part taken in Permit Area 2 in a condition where the lobster is not whole and undamaged as specified in Sec. 665.249.

(4) Retain or possess on a fishing vessel, or remove the eggs from, any egg-bearing lobster, as specified in Sec. 665.249.

(5) Possess on a fishing vessel that has a permit for Permit Area 2 issued under this subpart any lobster trap in Permit Area 2 when fishing for lobster in the MHI is prohibited during the months of May, June, July, and August.

(c) In Crustacean Permit Areas 1 and 2, it is unlawful for any person to fish for, take, or retain deepwater shrimp without a permit issued under Sec. 665.242.