50 CFR Part 697 — Atlantic Coastal Fisheries Cooperative Management

PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT Authority: 16 U.S.C. 5101 et seq. Source: 64 FR 68248, Dec. 6, 1999, unless otherwise noted. Subpart A—General Provisions § 697.1 Purpose and scope. The regulations in this part are issued under the authority of section 804(b) of the Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. 5101 et seq., § 697.2 Definitions. (a) In addition to the definitions in the Magnuson-Stevens Act and in §§ 600.10 and 648.2 of this chapter, for the purposes of this part, the following terms have the following meanings: American lobster Homarus americanus. Approved TED Atlantic Coastal Act et seq. Atlantic migratory group cobia, Rachycentron canadum, Atlantic red drum Sciaenops ocellatus Atlantic striped bass Morone saxatilis Atlantic sturgeon Acipenser oxyrhynchus. Berried female Jonah crab Berried female lobster Block Island Southeast Light BRD Certified BRD Charter or head boat Commercial dive vessel Commercial purposes Commission Conservation equivalency Continuous transit CPH Crab trawl Cull American lobster Dealer De minimis state Director Dredge Egg Production Rebuilding Schedule Escape vent Federal Area 1 Limited Access Program Federal Area 2 Limited Access Program Federal Area 3 Limited Access Program Federal Area 4 Limited Access Program Federal Area 5 Limited Access Program Federal Outer Cape Area Limited Access Program Fishing trip or trip Fishing year Flynet Ghost panel Horseshoe crab Limulus polyphemus. ISFMP Jonah crab Cancer borealis. Jonah crab carapace width Land Lobster carapace length Lobster day-at-sea Lobster permit Lobster trap Lobster trap trawl Management area Montauk light Natural Atlantic sturgeon One-quarter-inch ( 1/4 1/4 Parts thereof Point Judith Light Recreational fishing Recreational fishing vessel Regional Administrator, Retain Sea sampler/observer Shrimp trawl net Standard V-shaped notch 1/8 Stocked Atlantic sturgeon TED Trawl V-notched American lobster Weakfish Cynoscion regalis, Whole American lobster Zero tolerance V-shaped notch (b) [Reserved] [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 FR 14501, Mar. 13, 2001; 68 FR 14925, Mar. 27, 2003; 68 FR 56790, Oct. 2, 2003; 71 FR 13037, Mar. 14, 2006; 73 FR 58061, Oct. 6, 2008; 74 FR 37549, July 29, 2009; 80 FR 2033, Jan. 15, 2015; 84 FR 4737, Feb. 19, 2019; 84 FR 61579, Nov. 13, 2019; 88 FR 67676, Oct. 2, 2023; 90 FR 38005, Aug. 7, 2025] § 697.3 Relation to other Federal and state laws. (a) The provisions of sections 307 through 311 of the Magnuson-Stevens Act, as amended, regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement apply with respect to the regulations in this part, as if the regulations in this part were issued under the Magnuson-Stevens Act. (b) The relation of this part to other laws is further set forth in § 600.705 of this chapter and would include all regulations and statutes administered by the National Oceanic and Atmospheric Administration (NOAA), including, but not limited to the regulations in this part issued pursuant to the ACFCMA, the regulations at 50 CFR part 229 issued pursuant to the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA) , and the regulations at 50 CFR part 648 issued pursuant to the Magnuson-Stevens Act. (c) The regulations in this part do not preempt more restrictive state laws, or state enforcement of more restrictive state laws, with respect to weakfish fishing and American lobster fishing. If a requirement of this part and a management measure required by state or local law differ, any vessel owner permitted to fish in the EEZ must comply with the more restrictive requirement or measure. [64 FR 68248, Dec. 6, 1999, as amended at 71 FR 13037, Mar. 14, 2006] § 697.4 Vessel permits and trap tags. (a) Limited access American lobster permit. (1) Eligibility. (i) Have been issued a Federal limited access lobster permit for the preceding fishing year by the last day of such fishing year unless a CPH has been issued as specified in paragraph (a)(5) of this section or unless otherwise authorized by the Regional Administrator; (ii) Be replacing a vessel that was issued a Federal limited access lobster permit for the preceding year; or (iii) Be replacing a vessel issued a CPH. (2) Qualification restriction. (3) Change in ownership. (4) Consolidation restriction. (5) Confirmation of permit history. (6) Restriction on permit splitting. (7) Management area designations for vessels fishing with traps. (ii) Each owner of a fishing vessel that fishes with traps capable of catching lobster must declare to NMFS in his/her annual application for permit renewal which management areas, as described in § 697.18, the vessel will fish in for lobster with trap gear during that fishing season. A federal lobster permit holder may declare into Lobster Conservation Management Areas 1, 2, 3, 4, 5, and/or the Outer Cape Management Area to fish with traps, only in the following two circumstances: (A) The NOAA Regional Administrator previously qualified the permit into the requested area as part of the Area 1, 2, 3, 4, 5 and/or Outer Cape Cod Limited Access Program during the initial limited access area qualification process; and/or (B) The permit holder, even if the permit has not qualified as described in paragraph (a)(7)(ii)(A) of this section, is seeking access to Area 2, 3, and/or the Outer Cape Area based upon ownership of traps acquired as part of the Trap Transfer Program, described in § 697.27, that the NOAA Regional Administrator has previously qualified and allocated under the Area 2, 3, and/or the Outer Cape Cod Limited Access Programs. (iii) A lobster management area designation certificate or limited access American lobster permit shall specify in which lobster management area or areas the vessel may fish. (iv) Once a vessel has been issued a lobster management area designation certificate or limited access American lobster permit specifying the lobster EEZ management areas in which the vessel may fish, no changes to the EEZ management areas specified may be made for such vessel for the remainder of the fishing year. There are two exceptions to this re-designation restriction: (A) Vessels that have been bought, transferred, or become a replacement vessel for another qualified vessel may request re-designation of the EEZ management areas within 45 days of the effective date of the vessel's permit; and (B) All vessels will have one opportunity to request a correction in permit category, if such request is made in writing to the Regional Administrator within 45 days of the effective date of the vessel's permit. (v) A vessel issued a lobster management area designation certificate or limited access American lobster permit specifying more than one EEZ management area must abide by the most restrictive management measures in effect for any one of the specified areas, regardless of the area being fished, for the entire fishing year. (vi)-(viii) [Reserved] (b) Condition. (c) Vessel permit application. (d) Trap tag application, lost and replacement tags. (2) Trap tags shall be issued by the Regional Administrator, or, by state agencies, by agreement with the Regional Administrator, provided that such state tagging programs accurately identify the Federal limited access American lobster permit holder. NMFS will provide notice to American lobster permit holders as to the procedure for applying for trap tags and any required fees. (3) Vessel owners or operators are required to report to the Regional Administrator lost, destroyed, and missing tags as soon as feasible within 7 days after the tags have been discovered lost, destroyed, or missing, by letter or fax to the Regional Administrator. (4) Requests for replacement of lost tags in excess of the tag limit specified in § 697.19(c) must be submitted in writing to the Regional Administrator on an appropriate form obtained from the Regional Administrator and signed by the permit holder or authorized representative. The form and request for replacement tags will be reviewed by the Regional Administrator on a case-by-case basis and a decision will be reached on the number of replacement tags to be issued, if any. A check for the cost of the replacement tags must be received before tags will be re-issued. (e) Fees. (f) Issuance. (i) The applicant has failed to submit a complete application. An application is complete when all requested forms, information, documentation, and fees, if applicable, have been received and the applicant has submitted all applicable reports specified in paragraph (q) of this section. (ii) The application was not received by the Regional Administrator by any applicable deadline set forth in this section; (iii) The applicant and applicant's vessel failed to meet all applicable eligibility requirements set forth in this section or the number of tags requested exceeds the applicable tag limit specified in § 697.19(c); (iv) The applicant has failed to meet any other application or tag requirements stated in this part. (2) Incomplete applications. (g) Expiration. (h) Duration. (i) Reissuance. (j) Transfer. (k) Change in application information. (l) Alteration. (m) Display. (n) Sanctions. (o) Abandonment or voluntary relinquishment of limited access American lobster permits. (p) Permit category change. (q) Fishing Vessel Trip Reports Information to be Submitted. (i) Vessel name; (ii) USCG documentation number (or state registration number, if undocumented); (iii) Permit number; (iv) Date/time left port on fishing trip; (v) Date/time returned from port on fishing trip; (vi) Trip type (commercial, recreational, party, or charter); (vii) Number of crew; (viii) Number of anglers (if a charter or party boat); (ix) Gear fished; (x) Lobster trawl/string information; (A) Total number of trawls/strings in the water; (B) Average number of pots per trawl/string; (C) Total number of pots in the water; (xi) Entrance (ring/hoop) size; (xii) Chart area fished, based on the location of the start of haul back; (xiii) Latitude/longitude where the majority of fishing effort occurred; (xiv) Average depth where the majority of fishing effort occurred; (xv) Total number of strings hauled per chart area per trip; (xvi) Average soak time per trawl/string; (xvii) Hail weight, in pounds (or count of individual fish, if a party or charter vessel), by species, of all species, or parts of species; (xviii) Dealer permit number; (xix) Dealer name; (xx) Date sold, port and state landed; and (xxi) Vessel operator's name, signature, and operator's permit number (if applicable). (xxii) Total number of traps hauled by chart area; (xxiii) Number of traps in chart area fished; (xxiv) Average number of traps per string hauled in the chart area fished; (xxv) Number of buoy lines in the chart area fished; and (xxvi) Total number of buoy lines in the water. (2) When to fill out a vessel trip report. (3) Inspection. (4) Submitting reports (ii) For the purposes of paragraph (q)(4)(i) of this section, the date when fish are offloaded from a commercial vessel will establish the conclusion of a commercial trip. (iii) For the purposes of paragraph (q)(4)(i) of this section, the date a charter/party vessel enters port will establish the conclusion of a for-hire trip. [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 14501, Mar. 13, 2001; 68 FR 14925, Mar. 27, 2003; 71 FR 13037, Mar. 14, 2006; 77 FR 32431, June 1, 2012; 79 FR 19021, Apr. 7, 2014; 84 FR 61579, Nov. 13, 2019; 88 FR 67676, Oct. 2, 2023; 88 FR 67676, Oct. 2, 2023] § 697.5 Operator permits. (a) General. (b) Operator application. (c) Condition. (d) Fees. (e) Issuance. (f) Expiration. (g) Duration. (h) Reissuance. (i) Transfer. (j) Change in application information. (k) Alteration. (l) Display. (m) Sanctions. (n) Vessel owner responsibility. [64 FR 68248, Dec. 6, 1999, as amended at 84 FR 61579, Nov. 13, 2019] § 697.6 Dealer permits. (a) General. (b) Dealer application. (c) Fees. (d) Issuance. (e) Expiration. (f) Duration. (g) Reissuance. (h) Transfer. (i) Change in application information. (j) Alteration. (k) Display. (l) Federal versus state requirements. (m) Sanctions. (n) Lobster and Jonah crab dealer recordkeeping and reporting requirements Detailed report. (i) Required information. (ii) Exceptions. (A) Inshore Exempted Species, as defined in § 648.2 of this chapter, are not required to be reported under this part; (B) When purchasing or receiving fish from a vessel landing in a port located outside of the Greater Atlantic Region (Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, Virginia and North Carolina), only purchases or receipts of species managed by the Greater Atlantic Region under this part (American lobster or Jonah crab), and part 648 of this chapter, must be reported. Other reporting requirements may apply to those species not managed by the Greater Atlantic Region, which are not affected by this paragraph (n); and (C) Dealers issued a permit for Atlantic bluefin tuna under part 635 of this chapter are not required to report their purchases or receipts of Atlantic bluefin tuna under this part. Other reporting requirements, as specified in § 635.5 of this chapter, apply to the receipt of Atlantic bluefin tuna. (iii) Dealer reporting requirements for skates. (2) System requirements. (3) Annual report. (i) All dealers and processors issued a permit under this part must complete all sections of the Annual Processed Products Report for all species that were processed during the previous year. Reports must be submitted to the address supplied by the Regional Administrator. (ii) Surfclam and ocean quahog processors and dealers whose plant processing capacities change more than 10 percent during any year shall notify the Regional Administrator in writing within 10 days after the change. (iii) Atlantic herring processors, including processing vessels, must complete and submit all sections of the Annual Processed Products Report. (iv) Atlantic hagfish processors must complete and submit all sections of the Annual Processed Products Report. (o) Inspection. (p) Record retention. (q) Submitting dealer reports. (2) Dealers who want to make corrections to their trip-level reports via the electronic editing features may do so for up to 3 business days following submission of the initial report. If a correction is needed more than 3 business days following the submission of the initial trip-level report, the dealer must contact NMFS directly to request an extension of time to make the correction. (3) The trip identifier required under paragraph (n)(1) of this section for each trip from which fish are purchased or received from a commercial fishing vessel permitted under part 648 of this chapter with a mandatory vessel trip reporting requirement must be submitted with the detailed report, as required under paragraph (q)(1) of this section. Price and disposition information may be submitted after the initial detailed report, but must be received within 16 days of the end of the reporting week. (4) Annual reports for a calendar year must be postmarked or received by February 10 of the following year. Contact the Regional Administrator (see Table 1 to § 600.502) for the address of NMFS Statistics. (5) At-sea purchasers and processors. (r) Additional data and sampling. (s) Additional dealer reporting requirements. [64 FR 68248, Dec. 6, 1999, as amended at 74 FR 37549, July 29, 2009; 84 FR 61579, Nov. 13, 2019; 88 FR 67677, Oct. 2, 2023] § 697.7 Prohibitions. (a) Atlantic Coast weakfish fishery. (1) Fish for, harvest, or possess any weakfish less than 12 inches (30.5 cm) in total length (measured as a straight line along the bottom of the fish from the tip of the lower jaw with the mouth closed to the end of the lower tip of the tail) from the EEZ. (2) Retain any weakfish less than 12 inches (30.5 cm) in total length taken in or from the EEZ. (3) Fish for weakfish in the EEZ with a minimum mesh size less than 3 1/4 3/4 7/8 (4) Possess more than 150 lb (67 kg) of weakfish during any one day or trip, whichever is longer, in the EEZ when using a mesh size less than 3 1/4-inch (8.3 cm) square stretch mesh (as measured between the centers of opposite knots when stretched taut) or 3 3/4-inch (9.5cm) diamond stretch mesh for finfish trawls and 2 7/8-inch (7.3 cm) stretch mesh for gillnets. (5) Fish using a flynet in the EEZ off North Carolina in the area bounded as follows: (i) On the north by a straight line connecting points 35°10.8′ N. lat., 75°29.2′ W. long. (3 nm off Cape Hatteras) and 35°03.5′ N. lat., 75°11.8′ W. long. (20 nm off Cape Hatteras). (ii) The east by a straight line connecting points 35°03.5′ N. lat., 75°11.8′ W. long. (20 nm off Cape Hatteras) and 33°21.1′ N. lat., 77°57.5′ W. long., (about 30 nm off Cape Fear on the extension of the North Carolina/South Carolina state line into the EEZ). (iii) On the south by a straight line connecting points 33°21.1′ N. lat., 77°57.5′ W. long., and 33°48.8′ N. lat., 78°29.7′ W. long. (3 nm off Little River Inlet on the North Carolina/South Carolina state line). (iv) On the west by state waters. (6) Possess any weakfish in the closed area of the EEZ, as described in paragraph (a)(5) of this section, when fishing with shrimp trawls or crab trawls. (7) Land weakfish for commercial purposes caught in the EEZ in any state other than Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, or North Carolina. (b) Atlantic striped bass fishery. (1) Fish for Atlantic striped bass in the EEZ. (2) Harvest any Atlantic striped bass from the EEZ. (3) Possess any Atlantic striped bass in or from the EEZ, except in the following area: The EEZ within Block Island Sound, north of a line connecting Montauk Light, Montauk Point, NY, and Block Island Southeast Light, Block Island, RI; and west of a line connecting Point Judith Light, Point Judith, RI, and Block Island Southeast Light, Block Island, RI. Within this area, possession of Atlantic striped bass is permitted, provided no fishing takes place from the vessel while in the EEZ and the vessel is in continuous transit. (4) Retain any Atlantic striped bass taken in or from the EEZ. (c) American lobster. (i) Retain on board, land, or possess at or after landing, whole American lobsters that fail to meet the minimum lobster carapace length standard specified in § 697.20(a). All American lobsters will be subject to inspection and enforcement action, up to and including the time when a dealer receives or possesses American lobsters for a commercial purpose. (ii) Retain on board, land, or possess, up to the time when a dealer first receives or possesses American lobster for a commercial purpose, any American lobster or parts thereof in violation of the mutilation standards specified in § 697.20(c). (iii) Retain on board, land, or possess any berried female lobster specified in § 697.20(d). (iv) Remove eggs from any berried female lobster, land, or possess any such lobster from which eggs have been removed. No person owning or operating a vessel issued a Federal limited access American lobster permit under § 697.4 or a vessel or person holding a State of Maine American lobster permit or license and fishing under the provisions of and under the areas designated in § 697.24 may land or possess any lobster that has come in contact with any substance capable of removing lobster eggs. (v) Retain on board, land, or possess any female lobster that do not meet the area-specific v-notch requirements set forth in § 697.20(g). (vi) Spear any American lobster, or land or possess any American lobster which has been speared. (vii) Possess, deploy, fish with, haul, harvest lobster from, or carry aboard a vessel trap gear in excess of the trap limits specified in § 697.19 unless exempted pursuant to § 697.26 (viii) Possess, deploy, haul, harvest lobster from, or carry aboard a vessel any trap gear that does not satisfy the requirements on gear identification and marking, escape vents, ghost panel and maximum trap size specified in § 697.21, unless such gear has been rendered unfishable, or unless exempted pursuant to § 697.26. (ix) Possess, deploy, haul, harvest lobster from, or carry aboard a vessel any trap gear not tagged in accordance with the requirements in § 697.19, unless such gear has been rendered unfishable, or unless exempted pursuant to § 697.26. (x) Fail to produce, or cause to be produced, lobster trap tags when requested by an authorized officer, unless exempted pursuant to § 697.26. (xi) Beginning May 1, 2000, reproduce, or cause to be reproduced, lobster trap tags without the written consent of the Regional Administrator. (xii) Beginning May 1, 2000, possess a lobster trap tag, tag a lobster trap with, or use, a lobster trap tag that has been reported lost, missing, destroyed, or issued to another vessel. (xiii) Beginning May 1, 2000, sell, transfer, or give away lobster trap tags that have been reported lost, missing, destroyed, or issued to another vessel. (xiv) Fail to affix and maintain permanent markings, as required by § 697.8. (xv) Fish for, retain on board, land, or possess American lobsters, unless the operator of the vessel has been issued an operator's permit under § 697.5, and the permit is on board the vessel and is valid. (xvi) Fail to report to the Regional Administrator within 15 days any change in the information contained in the permit application as required under § 697.4(k) or § 697.5(j). (xvii) Make any false statement in connection with an application under § 697.4, § 697.5, or § 697.6. (xviii) Sell, transfer, or barter or attempt to sell, transfer, or barter to a dealer any American lobsters, unless the dealer has a valid Federal Dealer's Permit issued under § 697.6. (xix) Refuse or fail to carry a sea sampler/observer if requested to do so by the Regional Administrator. (xx) Fail to provide a sea sampler/observer with required food, accommodations, access, and assistance, as specified in § 697.12. (xxi) Violate any terms of a letter authorizing exempted fishing pursuant to § 697.22 or to fail to keep such letter aboard the vessel during the time period of the exempted fishing. (xxii) Possess, deploy, fish with, haul, harvest lobster from, or carry aboard a vessel any lobster trap gear, on a fishing trip in the EEZ from a vessel that fishes for, takes, catches, or harvests lobster by a method other than lobster traps. (xxiii) Fish for, take, catch, or harvest lobster on a fishing trip in or from the EEZ by a method other than traps, in excess of 100 lobsters (or parts thereof), for each lobster day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one trip unless otherwise restricted by § 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or § 697.7(c)(2)(i)(C) of this chapter. (xxiv) Possess, retain on board, or land lobster by a vessel with any non-trap gear on board capable of catching lobsters, in excess of 100 lobsters (or parts thereof), for each lobster day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one trip unless otherwise restricted by § 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or § 697.7(c)(2)(i)(C) of this chapter. (xxv) Transfer or attempt to transfer American lobster from one vessel to another vessel. (xxvi) Beginning May 1, 2000, possess, deploy, fish with, haul, harvest lobster from, or carry aboard a vessel any trap gear in or from the management areas specified in § 697.18, unless such fishing vessel has been issued a valid management area designation certificate or valid limited access American lobster permit specifying such management area(s) as required under § 697.4(a)(7). (xxvii) Possess, deploy, fish with, haul, harvest lobster from, or carry aboard a vessel trap gear issued to another vessel. (xxviii) Fail to comply with any gear, time, or area restriction in this part or, as is explained in § 697.3 and § 697.4(b), fail to comply with any gear, time, or area regulation set forth in any other regulatory part, including part 229 and part 648. (xxix) Retain on board, land, or possess at or after landing, whole American lobsters that exceed the maximum lobster carapace length standard specified in § 697.20(b). All American lobsters will be subject to inspection and enforcement action, up to and including the time when a dealer receives or possesses American lobsters for a commercial purpose. (xxx) Seasonal closures. (A) Outer Cape Area seasonal closure. ( 1 ( 2 4 ( 3 ( 4 Transiting Outer Cape Area. ( i ( ii ( 5 ( i ( ii ( iii (B) Area 4 seasonal closure. ( 1 ( 2 ( i ( ii ( 3 2 i 5 ( 4 ( 5) ( i ( ii ( 6 (i) ( ii (iii (C) Area 5 seasonal closure. ( 1 ( 2 ( i ( ii ( 3 2 ii ii 5 ( 4 ( 5 Transiting Area 5. ( i ( ii ( 6 ( i ( ii ( iii (2) In addition to the prohibitions specified in § 600.725 of this chapter and the prohibitions specified in paragraph (c)(1) of this section, it is unlawful for any person to do any of the following: (i) Retain on board, land, or possess American lobsters unless: (A) The American lobsters were harvested by a vessel that has been issued and carries on board a valid Federal limited access American lobster permit under § 697.4; or (B) The American lobsters were harvested by a vessel without a valid Federal limited access American lobster permit and that fishes for American lobsters exclusively in state waters; or (C) The American lobsters were harvested by a charter boat, head boat, or commercial dive vessel that possesses six or fewer American lobsters per person on board the vessel and the lobsters are not intended to be, or are not, traded, bartered, or sold; or (D) The American lobsters were harvested by a recreational fishing vessel; or (E) The American lobsters were harvested by a vessel or person holding a valid State of Maine American lobster permit or license and is fishing under the provisions of and in the areas designated in § 697.24. (ii) Sell, barter, or trade, or otherwise transfer, or attempt to sell, barter, or trade, or otherwise transfer, for a commercial purpose, any American lobsters from a vessel, unless the vessel has been issued a valid Federal limited access American lobster permit under § 697.4, or the American lobsters were harvested by a vessel without a valid Federal limited access American lobster permit that fishes for American lobsters exclusively in state waters or unless the vessel or person holds a valid State of Maine American lobster permit or license and that is fishing under the provisions of and in the areas designated in § 697.24. (iii) To be, or act as, an operator of a vessel fishing for or possessing American lobsters in or from the EEZ, or issued a Federal limited access American lobster permit under § 697.4, without having been issued and possessing a valid operator's permit under § 697.5. (iv) Purchase, possess, or receive for a commercial purpose, or attempt to purchase, possess, or receive for a commercial purpose, as, or in the capacity of, a dealer, American lobsters taken from or harvested by a fishing vessel issued a Federal limited access American lobster permit, unless in possession of a valid dealer's permit issued under § 697.6. (v) Purchase, possess, or receive for commercial purposes, or attempt to purchase or receive for commercial purposes, as, or in the capacity of, a dealer, American lobsters caught by a vessel other than one issued a valid Federal limited access American lobster permit under § 697.4, or one holding or owned or operated by one holding a valid State of Maine American lobster permit or license and fishing under the provisions of and in the areas designated in § 697.24, unless the American lobsters were harvested by a vessel without a Federal limited access American lobster permit and that fishes for American lobsters exclusively in state waters. (vi) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment, threat, or coercion any NMFS-approved sea sampler/observer aboard a vessel conducting his or her duties aboard a vessel, or any authorized officer conducting any search, inspection, investigation, or seizure in connection with enforcement of this part, or any official designee of the Regional Administrator conducting his or her duties. (vii) Refuse to carry a sea sampler/observer if requested to do so by the Regional Administrator. (viii) Refuse reasonable assistance to either a NMFS-approved sea sampler/observer conducting his or her duties aboard a vessel. (ix) Make any false statement, oral or written, to an authorized officer, concerning the taking, catching, harvesting, landing, purchase, sale, or transfer of any American lobster. (x) Violate any provision of this part, the ACFCMA, the Magnuson-Stevens Act, or any regulation, permit, or notification issued under the ACFCMA, the Magnuson-Stevens Act, or these regulations. (xi) Retain on board, land, or possess any American lobsters harvested in or from the EEZ in violation of § 697.20. (xii) Ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live American lobster in violation of § 697.20. (xiii) Fish, or be in the areas described in § 697.23(b)(2), (c)(2), (d)(2), and (e)(2) on a fishing vessel with mobile gear during the time periods specified in § 697.23(b)(1), (c)(1), (d)(1), and (e)(1), except as provided in § 697.23(b)(1), (c)(1), (d)(1), and (e)(1). (xiv) Fish, or be in the areas described in § 697.23(b)(2), (c)(2), and (d)(2) on a fishing vessel with lobster trap gear on board during the time periods specified in § 697.23(b)(1), (c)(1), and (d)(1). (xv) Deploy or fail to remove lobster trap gear in the areas described in § 697.23(b)(2), (c)(2), and (d)(2) during the time periods specified in § 697.23(b)(1), (c)(1), and (d)(1). (xvi) Violate any terms of a letter authorizing exempted fishing pursuant to § 697.22 or to fail to keep such letter aboard the vessel during the time period of the exempted fishing. (xvii) Possess, deploy, fish with, haul, harvest lobster from, or carry aboard a vessel any lobster trap gear on a fishing trip in the EEZ on a vessel that fishes for, takes, catches, or harvests lobster by a method other than lobster traps. (xviii) Fish for, take, catch, or harvest lobster on a fishing trip in the EEZ by a method other than traps, in excess of 100 lobsters (or parts thereof), for each lobster day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one trip unless otherwise restricted by § 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or § 697.7(c)(2)(i)(C) of this chapter. (xix) Possess, retain on board, or land lobster by a vessel with any non-trap gear on board capable of catching lobsters, in excess of 100 lobsters (or parts thereof), for each lobster day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) for any one trip unless otherwise restricted by § 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or § 697.7(c)(2)(i)(C) of this chapter. (xx) Transfer or attempt to transfer American lobster from one vessel to another vessel. (xxi) Fail to comply with dealer record keeping and reporting requirements as specified in § 697.6. (3) Presumptions. (ii) American lobsters or parts thereof that are possessed, or landed at or prior to the time when the American lobsters are received by a dealer, or whole American lobsters that are possessed by a dealer, are presumed to have been harvested from the EEZ or by a vessel with a Federal limited access American lobster permit. A preponderance of all submitted evidence that such American lobsters were harvested by a vessel without a Federal limited access American lobster permit and fishing exclusively for American lobsters in state or foreign waters will be sufficient to rebut this presumption. (iii) The possession of egg-bearing female lobsters in violation of the requirements set forth in § 697.20(d), v-notched female American lobsters in violation of the v-notch requirements set forth in § 697.20(g), American lobsters that are smaller than the minimum sizes set forth in § 697.20(a), American lobsters that are larger than the maximum carapace sizes set forth in § 697.20(b), or lobster parts, possessed at or prior to the time when the aforementioned lobsters or parts are received by a dealer, will be prima facie evidence that such American lobsters or parts were taken or imported in violation of these regulations. A preponderance of all submitted evidence that such American lobsters were harvested by a vessel not holding a permit under this part and fishing exclusively within state or foreign waters will be sufficient to rebut the presumption. (d) Atlantic sturgeon fishery. (1) Fish for Atlantic sturgeon in the EEZ. (2) Harvest any Atlantic sturgeon from the EEZ. (3) Possess any natural or stocked Atlantic sturgeon in or from the EEZ. (4) Retain any Atlantic sturgeon taken in or from the EEZ. (5) Possess any natural Atlantic sturgeon parts, including Atlantic sturgeon eggs, in the EEZ. (e) Atlantic Coast Horseshoe Crab fishery. (1) Fish for horseshoe crabs in the Carl N. Shuster Jr. Horseshoe Crab Reserve described in § 697.23(f)(1). (2) Possess horseshoe crabs on a vessel with a trawl or dredge in the closed area described in § 697.23(f)(1). (3) Fail to return to the water immediately without further harm, all horseshoe crabs caught in the closed area described in § 697.23(f)(1). (f) Atlantic red drum fishery. (1) Harvest or possess Atlantic red drum in the EEZ south of a line extending in a direction of 115° from true north commencing at a point at 40°29.6′ N. lat., 73°54.1′ W. long., such point being the intersection of the New Jersey/New York boundary with the 3-nm line denoting the seaward limit of state waters, and north of the demarcation line between the South Atlantic Fishery Management Council and the Gulf Fishery Management Council described in § 600.105(c) of this chapter. (2) Fail to release immediately without further harm, all Atlantic red drum caught in the EEZ area described in paragraph (f)(1) of this section. (g) Atlantic migratory group cobia. (1) Use or possess prohibited gear or methods or possess fish in association with possession or use of prohibited gear, as specified in this part. (2) Fish in violation of the prohibitions, restrictions, and requirements applicable to seasonal and/or area closures, including but not limited to: Prohibition of all fishing, gear restrictions, restrictions on take or retention of fish, fish release requirements, and restrictions on use of an anchor or grapple, as specified in this part or as may be specified under this part. (3) Possess undersized fish, fail to release undersized fish, or sell or purchase undersized fish, as specified in this part. (4) Fail to maintain a fish intact through offloading ashore, as specified in this part. (5) Exceed a bag or possession limit, as specified in this part. (6) Fail to comply with the species-specific limitations, as specified in this part. (7) Fail to comply with the restrictions that apply after closure of a fishery, sector, or component of a fishery, as specified in this part. (8) Possess on board a vessel or land, purchase, or sell fish in excess of the commercial trip limits, as specified in this part. (9) Fail to comply with the restrictions on sale/purchase, as specified in this part. (10) Interfere with fishing or obstruct or damage fishing gear or the fishing vessel of another, as specified in this part. (11) Fail to comply with any other requirement or restriction specified in this part or violate any provision(s) in this part. (h) Jonah crab. (i) Retain on board, land, or possess at or after landing, Jonah crabs that fail to meet the minimum Jonah crab carapace width standard specified in § 697.20(h)(1). All Jonah crabs will be subject to inspection and enforcement action, up to and including the time when a dealer receives or possesses Jonah crabs for a commercial purpose. (ii) Retain on board, land, or possess any berried female Jonah crabs specified in § 697.20(h)(2). (iii) Remove eggs from any berried female Jonah crab, land, or possess any such Jonah crab from which eggs have been removed. No person owning or operating a vessel issued a Federal limited access American lobster permit under § 697.4 or a vessel or person holding a State of Maine American lobster permit or license and fishing under the provisions of and under the areas designated in § 697.24 may land or possess any Jonah crab that has come in contact with any substance capable of removing crab eggs. (iv) Sell, transfer, or barter or attempt to sell, transfer, or barter to a dealer any Jonah crabs, unless the dealer has a valid Federal Dealer's Permit issued under § 697.6. (v) Fish for, take, catch, or harvest Jonah crabs on a fishing trip in or from the EEZ by a method other than traps, in excess of up to 1,000 crabs per trip, unless otherwise restricted by paragraph (h)(2)(i)(C) of this section. (vi) Possess, retain on board, or land Jonah crabs by a vessel with any non-trap gear on board capable of catching Jonah crabs, in excess of up to 1,000 crabs per trip, unless otherwise restricted by paragraph (h)(2)(i)(C) of this section. (vii) Transfer or attempt to transfer Jonah crabs from one vessel to another vessel. (2) In addition to the prohibitions specified in § 600.725 of this chapter and the prohibitions specified in paragraph (h)(1) of this section, it is unlawful for any person to do any of the following: (i) Retain on board, land, or possess Jonah crabs unless: (A) The Jonah crabs were harvested by a vessel that has been issued and carries on board a valid Federal limited access American lobster permit under § 697.4; or (B) The Jonah crabs were harvested in state waters by a vessel without a valid Federal limited access American lobster permit; or (C) The Jonah crabs were harvested by a charter boat, head boat, or commercial dive vessel that possesses 50 or fewer Jonah crabs per person on board the vessel (including captain and crew) and the Jonah crabs are not intended to be, or are not, traded, bartered, or sold; or (D) The Jonah crabs were harvested for recreational purposes by a recreational fishing vessel; or (E) The Jonah crabs were harvested by a vessel or person holding a valid State of Maine American lobster permit or license and is fishing under the provisions of and in the areas designated in § 697.24. (ii) Sell, barter, or trade, or otherwise transfer, or attempt to sell, barter, or trade, or otherwise transfer, for a commercial purpose, any Jonah crabs from a vessel, unless the vessel has been issued a valid Federal limited access American lobster permit under § 697.4, or the Jonah crabs were harvested by a vessel without a valid Federal limited access American lobster permit that fishes for Jonah crabs exclusively in state waters or unless the vessel or person holds a valid State of Maine American lobster permit or license and that is fishing under the provisions of and in the areas designated in § 697.24. (iii) To be, or act as, an operator of a vessel fishing for or possessing Jonah crabs in or from the EEZ, or issued a Federal limited access American lobster permit under § 697.4, without having been issued and possessing a valid operator's permit under § 697.5. (iv) Purchase, possess, or receive for a commercial purpose, or attempt to purchase, possess, or receive for a commercial purpose, as, or in the capacity of, a dealer, Jonah crabs taken from or harvested by a fishing vessel issued a Federal limited access American lobster permit, unless in possession of a valid dealer's permit issued under § 697.6. (v) Purchase, possess, or receive for commercial purposes, or attempt to purchase or receive for commercial purposes, as, or in the capacity of, a dealer, Jonah crabs caught by a vessel other than one issued a valid Federal limited access American lobster permit under § 697.4, or one holding or owned or operated by one holding a valid State of Maine American lobster permit or license and fishing under the provisions of and in the areas designated in § 697.24, unless the Jonah crabs were harvested by a vessel without a Federal limited access American lobster permit and that fishes for Jonah crabs exclusively in state waters. (vi) Make any false statement, oral or written, to an authorized officer, concerning the taking, catching, harvesting, landing, purchase, sale, or transfer of any Jonah crabs. (vii) Violate any provision of this part, the ACFCMA, the Magnuson-Stevens Act, or any regulation, permit, or notification issued under this part, the ACFCMA, or the Magnuson-Stevens Act. (viii) Retain on board, land, or possess any Jonah crabs harvested in or from the EEZ in violation of § 697.20. (ix) Ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live Jonah crabs in violation of § 697.20. (x) Violate any terms of a letter authorizing exempted fishing pursuant to § 697.22 or to fail to keep such letter aboard the vessel during the time period of the exempted fishing. (xi) Possess, deploy, fish with, haul, harvest Jonah crabs from, or carry aboard a vessel any lobster trap gear on a fishing trip in the EEZ on a vessel that fishes for, takes, catches, or harvests Jonah crabs by a method other than lobster traps. (xii) Fish for, take, catch, or harvest Jonah crabs on a fishing trip in the EEZ by a method other than traps, in excess of up to 1,000 crabs per trip, unless otherwise restricted by paragraph (h)(2)(i)(C) of this section. (xiii) Possess, retain on board, or land Jonah crabs by a vessel with any non-trap gear on board capable of catching lobsters, in excess of up to 1,000 crabs per trip, unless otherwise restricted by paragraph (h)(2)(i)(C) of this section. (xiv) Transfer or attempt to transfer Jonah crabs from one vessel to another vessel. (xv) Fail to comply with dealer record keeping and reporting requirements as specified in § 697.6. (3) Any person possessing, or landing Jonah crabs at or prior to the time when those Jonah crabs are landed, or are received or possessed by a dealer for the first time, is subject to all of the prohibitions specified in paragraph (g) of this section, unless the Jonah crabs were harvested by a vessel without a Federal limited access American lobster permit and that fishes for Jonah crabs exclusively in state waters; or are from a charter, head, or commercial dive vessel that possesses or possessed 50 or fewer Jonah crabs per person aboard the vessel and the Jonah crabs are not intended for sale, trade, or barter; or are from a recreational fishing vessel. (i) Jonah crabs that are possessed, or landed at or prior to the time when the Jonah crabs are received by a dealer, or Jonah crabs that are possessed by a dealer, are presumed to have been harvested from the EEZ or by a vessel with a Federal limited access American lobster permit. A preponderance of all submitted evidence that such Jonah crabs were harvested by a vessel without a Federal limited access American lobster permit and fishing exclusively for Jonah crabs in state or foreign waters will be sufficient to rebut this presumption. (ii) The possession of egg-bearing female Jonah crabs in violation of the requirements set forth in § 697.20(h)(1) or Jonah crabs that are smaller than the minimum sizes set forth in § 697.20(h)(2), will be prima facie evidence that such Jonah crabs were taken or imported in violation of these regulations. A preponderance of all submitted evidence that such Jonah crabs were harvested by a vessel not holding a permit under this part and fishing exclusively within state or foreign waters will be sufficient to rebut the presumption. [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 FR 14502, Mar. 13, 2001; 68 FR 56790, Oct. 2, 2003; 71 FR 13037, Mar. 14, 2006; 73 FR 11563, Mar. 4, 2008; 73 FR 58061, Oct. 6, 2008; 74 FR 37551, July 29, 2009; 79 FR 22449, Apr. 22, 2014; 79 FR 19025, Apr. 7, 2014; 79 FR 73852, Dec. 12, 2014; 80 FR 2033, Jan. 15, 2015; 80 FR 69622, Nov. 10, 2015; 84 FR 4737, Feb. 19, 2019; 84 FR 61580, Nov. 13, 2019; 90 FR 38005, Aug. 7, 2025] § 697.8 Vessel identification. (a) Vessel name and official number. (1) Have affixed permanently its name on the port and starboard sides of the bow and, if possible, on its stern. (2) Have its official number displayed on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck so as to be clearly visible from enforcement vessels and aircraft. The official number is the USCG documentation number or the vessel's state registration number for vessels not required to be documented under title 46 U.S.C. (b) Numerals. (c) Duties of owner. (1) The vessel's name and official number are kept clearly legible and in good repair. (2) No part of the vessel, its rigging, its fishing gear, or any other object obstructs the view of the official number from any enforcement vessel or aircraft. (d) Non-permanent marking. § 697.9 Facilitation of enforcement. (a) General. (b) Radio hails. [64 FR 68248, Dec. 6, 1999, as amended at 73 FR 67809, Nov. 17, 2008] § 697.10 Penalties. See § 600.735 of this chapter. § 697.11 Civil procedures. The civil procedure regulations at 15 CFR part 904 apply to civil penalties, permit sanctions, seizures, and forfeitures under the Atlantic Striped Bass Conservation Act and the ACFCMA, and to the regulations of this part. § 697.12 At-sea sea sampler/observer coverage. (a) The Regional Administrator may request any vessel issued a Federal limited access American lobster permit to carry a NMFS-approved sea sampler/observer. If requested by the Regional Administrator to carry a sea sampler/observer, a vessel may not engage in any fishing operations in the respective fishery unless a sea sampler/observer is on board, or unless the requirement is waived, as specified in paragraph (c) of this section. (b) If requested in writing by the Regional Administrator to carry a sea sampler/observer, it is the responsibility of the vessel owner to arrange for and facilitate sea sampler/observer placement. Owners of vessels selected for sea sampler/observer coverage must notify the appropriate Regional or Science and Research Administrator, as specified by the Regional Administrator, before commencing any fishing trip that may result in the harvest of resources of the respective fishery. Notification procedures will be specified in election letters to vessel owners. (c) The Regional Administrator may waive in writing the requirement to carry a sea sampler/observer if the facilities on a vessel for housing the sea sampler/observer, or for carrying out sea sampler/observer functions, are so inadequate or unsafe that the health or safety of the sea sampler/observer, or the safe operation of the vessel, would be jeopardized. (d) An owner or operator of a vessel on which a NMFS-approved sea sampler/observer is embarked must: (1) Provide accommodations and food that are equivalent to those provided to the crew. (2) Allow the sea sampler/observer access to and use of the vessel's communications equipment and personnel upon request for the transmission and receipt of messages related to the sea sampler's/observer's duties. (3) Provide true vessel locations, by latitude and longitude or loran coordinates, as requested by the sea sampler/observer, and allow the sea sampler/observer access to and use of the vessel's navigation equipment and personnel upon request to determine the vessel's position. (4) Notify the sea sampler/observer in a timely fashion of when fishing operations are to begin and end. (5) Allow for the embarking and debarking of the sea sampler/observer, as specified by the Regional Administrator, ensuring that transfers of sea samplers/observers at sea are accomplished in a safe manner, via small boat or raft, during daylight hours as weather and sea conditions allow, and with the agreement of the sea samplers/observers involved. (6) Allow the sea sampler/observer free and unobstructed access to the vessel's bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish. (7) Allow the sea sampler/observer to inspect and copy the vessel's log, communications log, and records associated with the catch and distribution of fish for that trip. (e) The owner or operator of a vessel issued a Federal limited access American lobster permit, if requested by the sea sampler/observer also must: (1) Notify the sea sampler/observer of any sea turtles, marine mammals, or other specimens taken by the vessel. (2) Provide the sea sampler/observer with sea turtles, marine mammals, or other specimens taken by the vessel. (f) NMFS may accept sea sampler/observer coverage funded by outside sources if: (1) All coverage conducted by such sea samplers/observers is determined by NMFS to be in compliance with NMFS' sea sampler/observer guidelines and procedures. (2) The owner or operator of the vessel complies with all other provisions of this part. (3) The sea sampler/observer is approved by the Regional Administrator. Subpart B—Management Measures § 697.17 Non-trap harvest restrictions. (a) Non-trap lobster landing limits. (b) Trap prohibition for non-trap lobster harvesters. (c) Trap prohibition for non-trap lobster vessels. (d) Non-trap Jonah crab landing limits. (e) Restrictions on fishing for, possessing, or landing fish other than Jonah crabs. (f) Trap prohibition for non-trap Jonah crab harvesters. [84 FR 61581, Nov. 13, 2019] § 697.18 Lobster management areas. The following lobster management areas are established for purposes of implementing the management measures specified in this part. (A copy of a chart showing the American lobster EEZ management areas is available upon request to the Office of the Regional Administrator, NMFS, 55 Great Republic Drive, Gloucester, MA 01930.) (a) EEZ Nearshore Management Area 1. Table 1 to Paragraph ( a Point Latitude Longitude Notes A 43°58.25′ N 67°21.44′ W (1) B 43°41′ N 68°00′ N C 43°12′ N 69°00′ W D 42°49′ N 69°40′ W E 42°15.5′ N 69°40′ W F 42°10′ N 69°56′ W G 42°05.5′ N 70°14′ W H 42°04.25′ N 70°17.22′ W I 42°02.84′ N 70°16.1′ W J 42°03.4′ N 70°14.2′ W (1) Point A is intended to fall on the U.S./Canada Maritime Boundary. (b) EEZ Nearshore Management Area 2. Table 2 to Paragraph ( b Point Latitude Longitude Notes A 41°40′ N 70°05′ W B 41°15′ N 70°05′ W C 41°21.5′ N 69°16′ W D 41°10′ N 69°06.5′ W E 40°55′ N 68°54′ W F 40°27.5′ N 72°14′ W G 40°45.5′ N 71°34′ W H 41°07′ N 71°43′ W I 41°06.5′ N 71°47′ W J 41°11.5′ N 71°47.25′ W K 41°18.5′ N 71°54.5′ W (1) (1) From Point K, the EEZ Nearshore Management Area 2 follows the maritime boundary between Connecticut and Rhode Island to the coastal Connecticut/Rhode Island boundary. (c) Area 2/3 Overlap. Table 3 to Paragraph ( c Point Latitude Longitude A 41°10′ N 69°06.5′ W B 40°55′ N 68°54′ W C 40°27.5′ N 72°14′ W D 40°45.5′ N 71°34′ W A 41°10′ N 69°06.5′ W (d) EEZ Offshore Management Area 3. Table 4 to Paragraph ( d Point Latitude Longitude Notes A 43°58.25′ N 67°21′ W (1),(2) B 43°41′ N 68°00′ W C 43°12′ N 69°00′ W D 42°49′ N 69°40′ W E 42°15.5′ N 69°40′ W F 42°10′ N 69°56′ W G 42°21.5 N 69°16′ W H 41°10′ N 69°06.5′ W I 40°45.5′ N 71°34′ W J 40°27.5′ N 72°14′ W K 40°12.5′ N 72°48.5′ W L 39°50′ N 73°01′ W M 38°39.5′ N 73°40′ W N 38°12′ N 73°55′ W O 37°12′ N 74°44′ W P 35°34′ N 74°51′ W Q 35°14.5′ N 75°31′ W R 35°14.5′ N 71°24′ W (2) (1) Point A is intended to fall on the U.S.-Canada Maritime Boundary (2) From Point R back to Point A along the outer limit of the US EEZ and the U.S.-Canada Maritime Boundary (e) EEZ Nearshore Management Area 4. Table 5 to Paragraph ( e Point Latitude Longitude Notes A 41°0.7′ N 72°00′ W B 40°57.33′ N 72°00′ W (1),(2) C 41°06.5′ N 71°47′ W (2),(3) D 41°07′ N 71°43′ W E 40°45.5′ N 71°34′ W F 41°27.5′ N 72°14′ W G 40°12.5′ N 72°48.5′ W H 39°50′ N 73°01′ W I 39°50′ N 72°09.2′ W (1) Point B is intended to fall along the Three Nautical Mile line. (2) From Point B to Point C following the Three Nautical Mile line. (3) Point C is intended to fall along the Three Nautical Mile line. (f) EEZ Nearshore Management Area 5. Table 6 to Paragraph ( f Point Latitude Longitude A 39°50′ N 74°09.2′ W B 39°50′ N 72°55′ W C 38°38.2′ N 73°33.8′ W D 38°10.4′ N 73°49′ W E 37°10.6′ N 74°38′ W F 35°31.9′ N 74°45.5′ W G 35°14.5′ N 75°19.3′ W H 35°14.5′ N 75°31.5′ W (g) Area 3/5 Overlap. Table 7 to Paragraph ( g Point Latitude Longitude A 39°50′ N 73°01′ W B 39°50′ N 72°55′ W C 38°38.2′ N 73°33.8′ W D 38°10.4′ N 73°49′ W E 37°10.6′ N 74°38′ W F 35°31.9′ N 74°45.5′ W G 35°14.5′ N 75°19.3′ W H 35°14.5′ N 75°31′ W I 35°34′ N 74°51′ W J 37°12′ N 74°44′ W K 38°12′ N 73°55′ W L 38°39.5′ N 73°40′ W A 39°50′ N 73°01′ W (h) Nearshore Management Area 6. Table 8 to Paragraph ( h Point Latitude Longitude Notes A 41°0.7′ N 72°00′ W B 40°57.33′ N 72°00′ W (1)(2) C 41°06.5′ N 71°47′ W (2)(3) D 41°11.5″ N 71°47.25″ W E 41°18.5″ N 71°54.5″ W (4) (1) Point B is intended to fall along the Three Nautical Mile line. (2) From Point B to Point C following the Three Nautical Mile line. (3) Point C is intended to fall along the Three Nautical Mile line. (4) From Point E, the Nearshore Management Area 6 follows the maritime boundary between Connecticut and Rhode Island to the coastal Connecticut/Rhode Island boundary. (i) EEZ Nearshore Outer Cape Lobster Management Area. Table 9 to Paragraph ( i Point Latitude Longitude Notes A 41°54.46′ N 70°03.99′ W (1) B 41°52′ N 70°07.49′ W C 42°02.84′ N 70°16.1′ W D 42°04.25′ N 70°17.22′ W E 42°05.5′ N 70°14′ W F 42°10′ N 69°65′ W G 41°21.5′ N 69°16′ W H 41°15′ N 70°05′ W I 41°40′ N 70°05′ W (1) (1) From Point I back to Point A following the outer coastline of Cape Cod. (j) Area management. [88 FR 67677, Oct. 2, 2023] § 697.19 Trap limits and trap tag requirements for vessels fishing with lobster traps. (a) Area 1 trap limits. (b) Area 2 trap limits. (c) Area 3 trap limits. (d) Area 4 trap limits. (e) Area 5 trap limits. (f) Outer Cape Area. (g) Trap cuts. (1) Area 2 allocations shall be reduced according to the following schedule: Effective year of Area 2 April 30, 2016, 11:59 p.m. 25 April 30, 2017, 11:59 p.m. 5 April 30, 2018, 11:59 p.m. 5 April 30, 2019, 11:59 p.m. 5 April 30, 2020, 11:59 p.m. 5 April 30, 2021, 11:59 p.m. 5 (2) Area 3 allocations shall be reduced according to the following schedule: Effective year of Area 3 April 30, 2016, 11:59 p.m. 5 April 30, 2017, 11:59 p.m. 5 April 30, 2018, 11:59 p.m. 5 April 30, 2019, 11:59 p.m. 5 April 30, 2020, 11:59 p.m. 5 (h) Lobster trap limits for vessels fishing or authorized to fish in more than one EEZ management area. (i) Conservation equivalent trap limits in New Hampshire state waters. (j) Trap Tag Requirements for vessels fishing with lobster traps. (k) Maximum lobster trap tags authorized for direct purchase. (l) EEZ Management Area 5 trap waiver exemption. [79 FR 19025, Apr. 7, 2014, as amended at 80 FR 2035, Jan. 15, 2015] § 697.20 Size, harvesting and landing requirements. (a) Minimum lobster carapace length. 1/4 (2) The minimum lobster carapace length for all American lobsters landed, harvested, or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in the Nearshore Management Area 1 or the EEZ Nearshore Management Area 6 is 3 3 1/4 (3) The minimum lobster carapace length for all American lobsters harvested in or from the EEZ Nearshore Management Area 2, 4, 5 and the Outer Cape Lobster Management Area is 3 3/8 (4) The minimum lobster carapace length for all American lobsters landed, harvested or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in EEZ Nearshore Management Area 2, 4, 5 and the Outer Cape Lobster Management Area is 3 3/8 (5) The minimum carapace length for all American lobsters harvested in or from the Offshore Management Area 3 is 3 17/32 (6) The minimum carapace length for all American lobsters landed, harvested, or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in EEZ Offshore Management Area 3 is 3 17/32 (7) No person may ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live American lobster that is smaller than the minimum size specified in paragraph (a) of this section. (b) Maximum lobster carapace length. (2) The maximum lobster carapace length for all American lobster landed, harvested, or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in the EEZ Nearshore Management Area 1 is 5 inches (12.7 cm). (3) The maximum lobster carapace length for all American lobster harvested in or from the EEZ Nearshore Management Areas 2, 4, 5, and 6 is 5 1/4 (4) The maximum lobster carapace length for all American lobster landed, harvested, or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in one or more of EEZ Nearshore Management Areas 2, 4, 5, and 6 is 5 1/4 (5) The maximum lobster carapace length for all American lobster harvested in or from EEZ Offshore Management Area 3 or the Outer Cape Lobster Management Area is 6 3/4 (6) The maximum lobster carapace length for all American lobster landed, harvested, or possessed by vessels issued a Federal limited access American lobster permit fishing in or electing to fish in EEZ Offshore Management Area 3 or the Outer Cape Lobster Management Area is 6 3/4 (c) Mutilation. (2) Subject to the rebuttable presumption in § 697.7(c)(3), no owner, operator or person aboard a vessel issued a Federal American lobster permit may remove meat or any body appendage from any American lobster before or at the time of landing, or have in possession any American lobster part other than whole lobsters, up to the time when a dealer first receives or possesses American lobster. (d) Berried female lobsters. (2) Any berried female lobster harvested or possessed by a vessel issued a Federal limited access lobster permit must be returned to the sea immediately. If any berried female lobster is harvested in or from the EEZ Nearshore Management Areas 1, 2, 4, or 5, or in or from the EEZ Offshore Management Area 3, north of 42° 30′ North latitude, it must be v-notched before being returned to sea immediately. (3) No vessel, or owner, operator or person aboard a vessel issued a Federal limited access American lobster permit may possess any berried female lobster. (4) No person may possess, ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any berried female lobster as specified in paragraph (d) of this section. (e) Removal of eggs. (2) No owner, operator or person aboard a vessel issued a Federal limited access American lobster permit may remove, including but not limited to, the forcible removal, and removal by chemicals or other substances or liquids, extruded eggs attached to the abdominal appendages from any female American lobster. (3) No person may possess, ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live American lobster that bears evidence of the removal of extruded eggs from its abdominal appendages as specified in paragraph (e) of this section. (f) Spearing. (2) No person on a vessel issued a Federal lobster license may spear a lobster. (3) No person may harvest or possess any American lobster which has been speared in the EEZ. (4) No person on a vessel issued a Federal lobster license may harvest or possess any American lobster which has been speared. (5) No person may possess, ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any American lobster which has been speared. (g) V-notched females. (2) No vessel, owner, or operator issued a Federal limited access American lobster permit fishing in or electing to fish in EEZ Nearshore Management Area 1 may land, harvest, or possess any female lobster possessing a zero tolerance v-shaped notch. (3) No person may possess any female lobster possessing a standard v-shaped notch harvested in or from the EEZ Nearshore Management Area 2, 4, 5, 6, Outer Cape Area, or the EEZ Offshore Management Area 3. (4) No vessel, owner, or operator issued a Federal limited access American lobster permit fishing in or electing to fish in the EEZ Nearshore Management Area 2, 4, 5, 6, Outer Cape Area, or the EEZ Offshore Management Area 3 may land, harvest or possess any female lobster possessing a standard v-shaped notch. (h) Jonah crabs Minimum Jonah crab carapace width. 3/4 (2) Berried female Jonah crabs. (ii) No vessel, or owner, operator or person aboard a vessel issued a Federal limited access American lobster permit may possess any berried female Jonah crab. (iii) No person may possess, ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any berried female Jonah crab as specified in paragraph (d) of this section. (3) Removal of eggs. (ii) No owner, operator or person aboard a vessel issued a Federal limited access American lobster permit may remove, including but not limited to, the forcible removal, and removal by chemicals or other substances or liquids, extruded eggs attached to the abdominal appendages from any female Jonah crab. (iii) No person may possess, ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live Jonah crab that bears evidence of the removal of extruded eggs from its abdominal appendages as specified in paragraph (e) of this section. [71 FR 13038, Mar. 14, 2006, as amended at 72 FR 56942, Oct. 5, 2007; 74 FR 37551, July 29, 2009; 80 FR 2036, Jan. 15, 2015; 84 FR 61581, Nov. 13, 2019; 88 FR 67679, Oct. 2, 2023] § 697.21 Gear identification and marking, escape vent, maximum trap size, and ghost panel requirements. (a) Gear identification and marking. (1) Identification and trap tagging. (i) A number assigned by the Regional Administrator; or (ii) Whatever positive identification marking is required by the vessel's home-port state. (2) [Reserved] (b) Deployment and gear configuration. (1) Lobster trap trawls of three or fewer traps deployed in the EEZ must be attached to and marked with a single buoy. (2) With the exception of Maine permitted vessels fishing in Maine Lobster Management Zones that can fish up to ten lobster traps on a trawl with one buoy line, lobster trap trawls consisting of more than three traps must have a radar reflector and a single flag or pennant on the westernmost end (marking the half compass circle from magnetic south through west, to and including north), while the easternmost end (meaning the half compass circle from magnetic north through east, to and including south) of an American lobster trap trawl must be configured with a radar reflector only. Standard tetrahedral corner radar reflectors of at least 8 inches (20.32 cm) (both in height and width, and made from metal) must be employed. (A copy of a diagram showing a standard tetrahedral corner radar reflector is available upon request to the Office of the Greater Atlantic Regional Administrator.) (3) No American lobster trap trawl shall exceed 1.5 nautical miles (2.78 km) in length, as measured from radar reflector to radar reflector, except in the EEZ Offshore Management Area 3 where the maximum length of a lobster trap trawl shall not exceed 1.75 nautical miles (3.24 km). (4) Gear deployment and configuration requirements specified in paragraphs (b)(1) through (b)(3) of this section apply in the following areas: (i) Gulf of Maine gear area. (ii) Georges Bank gear area. (iii) Southern New England gear area. (iv) Mid-Atlantic gear area. (c) Escape vents. (i) A rectangular portal with an unobstructed opening not less than 1 15/16 3/4 (ii) Two circular portals with unobstructed openings not less than 2 7/16 (2) All American lobster traps deployed or possessed in the EEZ Nearshore Management Area 2, 4, 5, and the Outer Cape Lobster Management Area, or, deployed or possessed by a person on or from a vessel issued a Federal limited access American lobster permit fishing in or electing to fish in the EEZ Nearshore Management Area 2, 4, 5, and the Outer Cape Lobster Management Area, must include either of the following escape vents in the parlor section of the trap, located in such a manner that it will not be blocked or obstructed by any portion of the trap, associated gear, or the sea floor in normal use: (i) A rectangular portal with an unobstructed opening not less than 2 inches (5.08 cm) 5 3/4 (ii) Two circular portals with unobstructed openings not less than 2 5/8 (3) All American lobster traps deployed or possessed in the EEZ Offshore Management Area 3, or deployed or possessed by a person on or from a vessel issued a Federal limited access American lobster permit fishing in or electing to fish in the EEZ Offshore Management Area 3, must include either of the following escape vents in the parlor section of the trap, located in such a manner that it will not be blocked or obstructed by any portion of the trap, associated gear, or the sea floor in normal use: (i) A rectangular portal with an unobstructed opening not less than 2 1/16 3/4 (ii) Two circular portals with unobstructed openings not less than 2 11/16 (4) The Regional Administrator may, at the request of, or after consultation with, the Commission, approve and specify, through a technical amendment, any other type of acceptable escape vent that the Regional Administrator finds to be consistent with paragraph (c) of this section. (d) Ghost panel. 3/16 3/32 3/4 3/4 (2) The Regional Administrator may, at the request of, or after consultation with, the Commission, approve and specify, through a technical amendment of this rule, any other design, mechanism, material, or other parameter that serves to create an escape portal not less than 3 3/4 3/4 (e) Maximum trap size EEZ Nearshore Management Area maximum trap size. (2) EEZ Offshore Management Area maximum trap size. (f) Enforcement action. (g) Exemption. [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 14502, Mar. 13, 2001; 71 FR 13039, Mar. 14, 2006; 72 FR 56942, Oct. 5, 2007; 86 FR 52023, Sept. 17, 2021; 88 FR 67679, Oct. 2, 2023] § 697.22 Exempted fishing. The Regional Administrator or Director may exempt any person or vessel from the requirements of this part for the conduct of exempted fishing beneficial to the management of the American lobster, weakfish, Atlantic red drum, Atlantic striped bass, Atlantic sturgeon, or horseshoe crab resource or fishery, pursuant to the provisions of § 600.745 of this chapter. (a) The Regional Administrator or Director may not grant such exemption unless it is determined that the purpose, design, and administration of the exemption is consistent with the objectives of any applicable stock rebuilding program, the provisions of the Atlantic Coastal Act, the Magnuson-Stevens Act, and other applicable law, and that granting the exemption will not: (1) Have a detrimental effect on the American lobster, weakfish, Atlantic red drum, Atlantic striped bass, Atlantic sturgeon, or horseshoe crab resource or fishery; or (2) Create significant enforcement problems. (b) Each vessel participating in any exempted fishing activity is subject to all provisions of this part, except those explicitly relating to the purpose and nature of the exemption. The exemption will be specified in a letter issued by the Regional Administrator or Director to each vessel participating in the exempted activity. This letter must be carried aboard the vessel seeking the benefit of such exemption. Exempted fishing activity shall be authorized pursuant to and consistent with § 600.745 of this chapter. (c) The Regional Administrator, or the Director, as appropriate, may authorize a substitute vessel to haul ashore the lobster trap gear of an inoperable or mechanically-impaired federally permitted lobster vessel without having to engage in the exempted fishing process as specified in this section. [68 FR 56791, Oct. 2, 2003, as amended at 71 FR 13039, Mar. 14, 2006; 73 FR 58061, Oct. 6, 2008] § 697.23 Restricted gear areas. (a) Resolution of lobster gear conflicts with fisheries managed under the Magnuson-Stevens Act shall be done under provisions of § 648.55 of this chapter. (b) Restricted Gear Area I Duration Mobile Gear. (ii) Lobster trap gear. (2) Definition of Restricted Gear Area I. Table 1 to Paragraph (b)(2) Point Latitude Longitude Note AA 40°02.75′ N 70°16.10′ W (*) AB 40°02.45′ N 70°14.10′ W (*) AC 40°05.20′ N 70°10.90′ W (*) AD 40°03.75′ N 70°10.15′ W (*) AE 40°00.70′ N 70°08.70′ W (*) AF 39°59.20′ N 70°04.90′ W (*) AG 39°58.25′ N 70°03.00′ W (*) AH 39°56.90′ N 69°57.45′ W (*) AI 39°57.40′ N 69°55.90′ W (*) AJ 39°57.55′ N 69°54.05′ W (*) AK 39°56.70′ N 69°53.60′ W (*) AL 39°55.75′ N 69°41.40′ W (*) AM 39°56.20′ N 69°40.20′ W (*) AN 39°58.80′ N 69°38.45′ W (*) AO 39°59.15′ N 69°37.30′ W (*) AP 40°00.90′ N 69°37.30′ W (*) AQ 40°00.65′ N 69°36.50′ W (*) AR 39°57.85′ N 69°35.15′ W (*) AS 39°56.80′ N 69°34.10′ W (*) AT 39°56.50′ N 69°26.35′ W (*) AU 39°56.75′ N 69°24.40′ W (*) AV 39°57.80′ N 69°20.35′ W (*) AW 40°00.05′ N 69°14.60′ W (*) AX 40°02.65′ N 69°11.15′ W (*) AY 40°02.00′ N 69°08.35′ W (*) AZ 40°02.65′ N 69°05.60′ W (*) BA 40°04.10′ N 69°03.90′ W (*) BB 40°05.65′ N 69°03.55′ W (*) BC 40°08.45′ N 69°03.60′ W (*) BD 40°09.75′ N 69°04.15′ W (*) BE 40°10.25′ N 69°04.40′ W (*) BF 40°11.60′ N 69°05.40′ W (*) BG 40°11.00′ N 69°03.80′ W (*) BH 40°08.90′ N 69°01.75′ W (*) BI 40°05.30′ N 69°01.10′ W (*) BJ 40°05.20′ N 69°00.50′ W (*) BK 40°04.35′ N 69°00.50′ W (*) BL 40°03.65′ N 69°00.00′ W (*) BM 40°03.60′ N 68°57.20′ W (*) BN 40°05.70′ N 68°52.40′ W (*) BO 40°08.10′ N 68°51.00′ W (*) BP 40°08.70′ N 68°49.60′ W (*) BQ 40°06.90′ N 68°46.50′ W (*) BR 40°07.20′ N 68°38.40′ W (*) BS 40°07.90′ N 68°36.00′ W (*) BT 40°06.40′ N 68°35.80′ W BU 40°05.25′ N 68°39.30′ W BV 40°05.40′ N 68°44.50′ W BW 40°06.00′ N 68°46.50′ W BX 40°07.40′ N 68°49.60′ W BY 40°05.55′ N 68°49.80′ W BZ 40°03.90′ N 68°51.70′ W CA 40°02.25′ N 68°55.40′ W CB 40°02.60′ N 69°00.00′ W CC 40°02.75′ N 69°00.75′ W CD 40°04.20′ N 69°01.75′ W CE 40°06.15′ N 69°01.95′ W CF 40°07.25′ N 69°02.00′ W CG 40°08.50′ N 69°02.25′ W CH 40°09.20′ N 69°02.95′ W CI 40°09.75′ N 69°03.30′ W CJ 40°09.55′ N 69°03.85′ W CK 40°08.40′ N 69°03.40′ W CL 40°07.20′ N 69°03.30′ W CM 40°06.00′ N 69°03.10′ W CN 40°05.40′ N 69°03.05′ W CO 40°04.80′ N 69°03.05′ W CP 40°03.55′ N 69°03.55′ W CQ 40°01.90′ N 69°03.95′ W CR 40°01.00′ N 69°04.40′ W CS 39°59.90′ N 69°06.25′ W CT 40°00.60′ N 69°10.05′ W CU 39°59.25′ N 69°11.15′ W CV 39°57.45′ N 69°16.05′ W CW 39°56.10′ N 69°20.10′ W CX 39°54.60′ N 69°25.65′ W CY 39°54.65′ N 69°26.90′ W CZ 39°54.80′ N 69°30.95′ W DA 39°54.35′ N 69°33.40′ W DB 39°55.00′ N 69°34.90′ W DC 39°56.55′ N 69°36.00′ W DD 39°57.95′ N 69°36.45′ W DE 39°58.75′ N 69°36.30′ W DF 39°58.80′ N 69°36.95′ W DG 39°57.95′ N 69°38.10′ W DH 39°54.50′ N 69°38.25′ W DI 39°53.60′ N 69°46.50′ W DJ 39°54.70′ N 69°50.00′ W DK 39°55.25′ N 69°51.40′ W DL 39°55.20′ N 69°53.10′ W DM 39°54.85′ N 69°53.90′ W DN 39°55.70′ N 69°54.90′ W DO 39°56.15′ N 69°55.35′ W DP 39°56.05′ N 69°56.25′ W DQ 39°55.30′ N 69°57.10′ W DR 39°54.80′ N 69°58.60′ W DS 39°56.05′ N 70°00.65′ W DT 39°55.30′ N 70°02.95′ W DU 39°56.90′ N 70°11.30′ W DV 39°58.90′ N 70°11.50′ W DW 39°59.60′ N 70°11.10′ W DX 40°01.35′ N 70°11.20′ W DY 40°02.60′ N 70°12.00′ W DZ 40°00.40′ N 70°12.30′ W EA 39°59.75′ N 70°13.05′ W EB 39°59.30′ N 70°14.00′ W * AA 40°02.75′ N 70°16.10′ W * (c) Restricted Gear Area II Duration Mobile Gear. (ii) Lobster trap gear. (2) Definition of Restricted Gear Area II. Table 2 to Paragraph (c)(2) Point Latitude Longitude Note AA 40°02.75′ N 70°16.10′ W (*) EB 39°59.30′ N 70°14.00′ W (*) EC 39°58.85′ N 70°15.20′ W ED 39°59.30′ N 70°18.40′ W EE 39°58.10′ N 70°19.40′ W EF 39°57.00′ N 70°19.85′ W EG 39°57.55′ N 70°21.25′ W EH 39°57.50′ N 70°22.80′ W EI 39°57.10′ N 70°25.40′ W EJ 39°57.65′ N 70°27.05′ W EK 39°58.58′ N 70°27.70′ W EL 40°00.65′ N 70°28.80′ W EM 40°02.20′ N 70°29.15′ W EN 40°01.00′ N 70°30.20′ W EO 39°58.58′ N 70°31.85′ W EP 39°57.05′ N 70°34.35′ W EQ 39°56.42′ N 70°36.80′ W ER 39°58.15′ N 70°48.00′ W ES 39°58.30′ N 70°51.10′ W ET 39°58.10′ N 70°52.25′ W EU 39°58.05′ N 70°53.55′ W EV 39°58.40′ N 70°59.60′ W EW 39°59.80′ N 71°01.05′ W EX 39°58.20′ N 71°05.85′ W EY 39°57.45′ N 71°12.15′ W EZ 39°57.20′ N 71°15.00′ W FA 39°56.30′ N 71°18.95′ W FB 39°51.40′ N 71°36.10′ W FC 39°51.75′ N 71°41.50′ W FD 39°50.05′ N 71°42.50′ W FE 39°50.00′ N 71°45.00′ W FF 39°48.95′ N 71°46.05′ W FG 39°46.60′ N 71°46.10′ W FH 39°43.50′ N 71°49.40′ W FI 39°41.30′ N 71°55.00′ W FJ 39°39.00′ N 71°55.60′ W FK 39°36.72′ N 71°58.25′ W FL 39°35.15′ N 71°58.55′ W FM 39°34.50′ N 72°00.75′ W FN 39°32.20′ N 72°02.25′ W FO 39°32.15′ N 72°04.10′ W FP 39°28.50′ N 72°06.50′ W FQ 39°29.00′ N 72°09.25′ W FR 39°29.75′ N 72°09.80′ W (*) FS 39°32.65′ N 72°06.10′ W (*) FT 39°35.45′ N 72°02.00′ W (*) FU 39°41.15′ N 71°57.10′ W (*) FV 39°46.95′ N 71°49.00′ W (*) FW 39°53.10′ N 71°42.70′ W (*) FX 39°52.60′ N 71°40.35′ W (*) FY 39°53.10′ N 71°36.10′ W (*) FZ 39°57.50′ N 71°20.60′ W (*) GA 40°00.70′ N 71°19.80′ W (*) GB 39°59.30′ N 71°18.40′ W (*) GC 40°02.00′ N 71°01.30′ W (*) GD 40°00.50′ N 70°57.60′ W (*) GE 40°00.10′ N 70°45.10′ W (*) GF 39°58.90′ N 70°38.65′ W (*) GG 39°59.15′ N 70°34.45′ W (*) GH 40°00.55′ N 70°32.10′ W (*) GI 40°03.85′ N 70°28.75′ W (*) GJ 39°59.75′ N 70°25.50′ W (*) GK 39°59.80′ N 70°21.75′ W (*) GL 40°00.70′ N 70°18.60′ W (*) AA 40°02.75′ N 70°16.10′ W (*) (d) Restricted Gear Area III Duration Mobile Gear. (ii) Lobster trap gear. (2) Definition of Restricted Gear Area III. Table 3 to Paragraph (d)(2) Point Latitude Longitude Note AA 40°02.75′ N 70°16.10′ W (*) GL 40°00.70′ N 70°18.60′ W (*) GK 39°59.80′ N 70°21.75′ W (*) GJ 39°59.75′ N 70°25.50′ W (*) GI 40°03.85′ N 70°28.75′ W (*) GH 40°00.55′ N 70°32.10′ W (*) GG 39°59.15′ N 70°34.45′ W (*) GF 39°58.90′ N 70°38.65′ W (*) GE 40°00.10′ N 70°45.10′ W (*) GD 40°00.50′ N 70°57.60′ W (*) GC 40°02.00′ N 71°01.30′ W (*) GB 39°59.30′ N 71°18.40′ W (*) GA 40°00.70′ N 71°19.80′ W (*) FZ 39°57.50′ N 71°20.60′ W (*) FY 39°53.10′ N 71°36.10′ W (*) FX 39°52.60′ N 71°40.35′ W (*) FW 39°53.10′ N 71°42.70′ W (*) FV 39°46.95′ N 71°49.00′ W (*) FU 39°41.15′ N 71°57.10′ W (*) FT 39°35.45′ N 72°02.00′ W (*) FS 39°32.65′ N 72°06.10′ W (*) FR 39°29.75′ N 72°09.80′ W (*) GM 39°33.65′ N 72°15.00′ W GN 39°47.20′ N 72°01.60′ W GO 39°53.75′ N 71°52.25′ W GP 39°55.85′ N 71°45.00′ W GQ 39°55.60′ N 71°41.20′ W GR 39°57.90′ N 71°28.70′ W GS 40°10.70′ N 71°10.25′ W GT 40°12.75′ N 70°55.05′ W GU 40°11.05′ N 70°45.80′ W GV 40°06.50′ N 70°40.05′ W GW 40°05.60′ N 70°17.70′ W AA 40°02.75′ N 70°16.10′ W (*) (e) Restricted Gear Area IV Duration for Mobile Gear. (2) Definition of Restricted Gear Area IV. Table 4 to Paragraph (e) Point Latitude Longitude Note AA 40°02.75′ N 70°16.10′ W (*) GX 40°07.80′ N 70°09.20′ W GY 40°07.60′ N 70°04.50′ W GZ 40°02.10′ N 69°45.00′ W HA 40°01.30′ N 69°45.00′ W HB 40°00.50′ N 69°38.80′ W HC 40°01.70′ N 69°37.40′ W HD 40°01.70′ N 69°35.40′ W HE 40°00.40′ N 69°35.20′ W HF 39°57.30′ N 69°25.10′ W HG 40°05.50′ N 69°09.00′ W HH 40°14.30′ N 69°05.80′ W HI 40°14.00′ N 69°04.70′ W HJ 40°11.60′ N 68°53.00′ W HK 40°13.60′ N 68°40.60′ W BS 40°07.90′ N 68°36.00′ W (*) BR 40°07.20′ N 68°38.40′ W (*) BQ 40°06.90′ N 68°46.50′ W (*) BP 40°08.70′ N 68°49.60′ W (*) BO 40°08.10′ N 68°51.00′ W (*) BN 40°05.70′ N 68°52.40′ W (*) BM 40°03.60′ N 68°57.20′ W (*) BL 40°03.65′ N 69°00.00′ W (*) BK 40°04.35′ N 69°00.50′ W (*) BJ 40°05.20′ N 69°00.50′ W (*) BI 40°05.30′ N 69°01.10′ W (*) BH 40°08.90′ N 69°01.75′ W (*) BG 40°11.00′ N 69°03.80′ W (*) BF 40°11.60′ N 69°05.40′ W (*) BE 40°10.25′ N 69°04.40′ W (*) BD 40°09.75′ N 69°04.15′ W (*) BC 40°08.45′ N 69°03.60′ W (*) BB 40°05.65′ N 69°03.55′ W (*) BA 40°04.10′ N 69°03.90′ W (*) AZ 40°02.65′ N 69°05.60′ W (*) AY 40°02.00′ N 69°08.35′ W (*) AX 40°02.65′ N 69°11.15′ W (*) AW 40°00.05′ N 69°14.60′ W (*) AV 39°57.80′ N 69°20.35′ W (*) AU 39°56.75′ N 69°24.40′ W (*) AT 39°56.50′ N 69°26.35′ W (*) AS 39°56.80′ N 69°34.10′ W (*) AR 39°57.85′ N 69°35.15′ W (*) AQ 40°00.65′ N 69°36.50′ W (*) AP 40°00.90′ N 69°37.30′ W (*) AO 39°59.15′ N 69°37.30′ W (*) AN 39°58.80′ N 69°38.45′ W (*) AM 39°56.20′ N 69°40.20′ W (*) AL 39°55.75′ N 69°41.40′ W (*) AK 39°56.70′ N 69°53.60′ W (*) AJ 39°57.55′ N 69°54.05′ W (*) AI 39°57.40′ N 69°55.90′ W (*) AH 39°56.90′ N 69°57.45′ W (*) AG 39°58.25′ N 70°03.00′ W (*) AF 39°59.20′ N 70°04.90′ W (*) AE 40°00.70′ N 70°08.70′ W (*) AD 40°03.75′ N 70°10.15′ W (*) AC 40°05.20′ N 70°10.90′ W (*) AB 40°02.45′ N 70°14.10′ W (*) AA 40°02.75′ N 70°16.10′ W (*) (f) Carl N. Shuster Jr. Horseshoe Crab Reserve. (i) On the north by a straight line connecting points 39°14.6′ N. lat., 74°30.9′ W. long. (3 nm off of Peck Beach, NJ) and 39°14.6′ N lat., 74°22.5′ W. long. (ii) On the east by a straight line connecting points 39°14.6′ N. lat., 74°22.5′ W. long. and 38°22.0′ N. lat., 74°22.5′ W. long. (iii) On the south by a straight line connecting points 38°22.0′ N. lat., 74°22.5′ W. long. and 38°22.0′ N. lat., 75°00.4′ W. long. (3 nm off of Ocean City, MD). (iv) On the west by the outermost boundary of state waters. (2) No vessel or person on a vessel with a trawl or dredge may possess horseshoe crabs in the area described in paragraph (f)(1) of this section. (3) Horseshoe crabs caught in the area described in paragraph (f)(1) of this section must be returned immediately to the water without further harm. [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 88 FR 67679, Oct. 2, 2023] § 697.24 Exempted waters for Maine State American lobster permits. A person or vessel holding a valid permit or license issued by the State of Maine that lawfully permits that person to engage in commercial fishing for American lobster may, with the approval of the State of Maine, engage in commercial fishing for American lobsters in the following areas designated as EEZ, if such fishing is conducted in such waters in accordance with all other applicable Federal and State regulations: (a) West of Monhegan Island in the Federal waters located north of the line from 43°42.17′ N lat., 69°34.27′ W long. to 43°42.25′ N lat., 69°19.30′ W long. (b) East of Monhegan Island in the federal waters located northwest of the line from 43°44′ N lat., 69°15.08′ W long. to 43°48.17′ N lat., 69°8.02′ W long. (c) South of Vinalhaven in the federal waters located west of the line from 43°52.61′ N lat., 68°40.00′ W long. to 43°58.12′ N lat., 68°32.95′ W long. (d) South of Boris Bubert Island in the federal waters located northwest of the line from 44°19.27′ N lat., 67°49.50′ W long. to 44°23.67′ N lat., 67°40.50′ W long. [88 FR 67681, Oct. 2, 2023] § 697.25 Adjustment to management measures. (a) On or before February 15, 2001, and annually on or before February 15, thereafter, NMFS may, after consultation with the Commission, publish a proposed rule to implement additional or different management measures for Federal waters in any of the management areas specified in § 697.18 if it is determined such measures are necessary to achieve or be compatible with ISFMP objectives, or the ISFMP, to be consistent with the national standards of the Magnuson-Stevens Act, or to meet overfishing and rebuilding requirements of the Magnuson-Stevens Act. These management measures may include, but are not limited to, continued reductions of fishing effort or numbers of traps, increases in minimum or decreases in maximum size, increases in the escape vent size, decreases in the lobster trap size, closed areas, closed seasons, landing limits, trip limits and other management area-specific measures as may be identified and recommended by the Commission prior to December 1 of the previous year. After considering public comment, NMFS may publish a final rule to implement any such measures. (b) Conservation equivalency measures. (1) A description of how Federal regulations should be modified; (2) An explanation of how the recommended measure(s) would achieve a level of conservation benefits for the resource equivalent to the applicable Federal regulations; (3) An explanation of how Federal implementation of the conservation equivalent measure(s) would achieve ISFMP objectives, be consistent with the Magnuson-Stevens Act national standards, and be compatible with the effective implementation of the ISFMP; and (4) A detailed analysis of the biological, economic, and social impacts of the recommended conservation equivalent measure(s). After considering the recommendation and the necessary supporting information, NMFS may issue a proposed rule to implement the conservation equivalent measures. After considering public comment, NMFS may issue a final rule to implement such measures. (c) At any other time, NMFS may publish a proposed rule, after consultation with the Commission, to implement any additional or different management measures in order to achieve ISFMP objectives or be compatible with Commission measures or recommendations or to be consistent with the national standards of the Magnuson-Stevens Act, or to meet overfishing and rebuilding requirements of the Magnuson-Stevens Act. After considering public comments, NMFS may publish a final rule to implement any such measures. (d) Notwithstanding other provisions of this part, NMFS may publish any additional or different management measures as described herein without prior public comment, pursuant to and consistent with 5 U.S.C. 553. [64 FR 68248, Dec. 6, 1999, as amended at 68 FR 14931, Mar. 27, 2003] § 697.26 EEZ Nearshore Management Area 5 Trap Waiver. (a) Eligibility. (b) Restrictions. (1) A vessel issued a permit under this section may retain, land and sell an incidental allowance of lobster equal to the non-trap harvest restrictions specified in § 697.17(a). (2) A vessel issued a permit under this section may not possess on board or deploy bait or baited traps. [66 FR 14502, Mar. 13, 2001] § 697.27 Trap transferability. (a) Federal lobster permit holders may elect to participate in a program that allows them to transfer trap allocation to other participating Federal lobster permit holders, subject to the following conditions: (1) Participation requirements. (i) An individual must possess a valid Federal lobster permit; and (ii) If the individual is dually permitted with both Federal and state lobster licenses, the individual must agree to synchronize his or her state and Federal allocations in each area for which there is an allocation. This synchronization shall be set at the lower of the state or Federal allocation in each area. This provision does not apply to Areas 1 and 6 as neither area have a Federal trap allocation. (iii) Individuals participating in the Lobster Management Area 1 trap fishery may participate in the Trap Transfer Program, but doing so may result in forfeiture of future participation in the Area 1 trap fishery as follows: (A) Area 1 fishers may accept, receive, or purchase trap allocations up to their Area 1 trap limit identified in § 697.19 and fish with that allocation both in Area 1 and the other area or areas subject to the restrictive provisions of § 697.3 and § 697.4(a)(7)(v). (B) Area 1 fishers with trap allocations in Areas 2, 3, and/or the Outer Cape Area may transfer away or sell any portion of that allocation, but, in so doing, the Area 1 fisher shall forfeit any right to fish in Area 1 with traps in the future. (2) Trap allocation transfers. (i) State/Federal alignment. (ii) Eligible traps. (iii) Debiting remaining allocation. (iv) Crediting allocations for partial trap transfers. (A) Trap retirement. (B) Multi-area trap allocation history. (C) All trap allocation transfers are subject to whatever trap allocation cap exists in the involved lobster management area. No participant may receive a transfer that, when combined with existing allocation, would put that permit holder's trap allocation above the involved trap caps in § 697.19. (v) In all allocation transfers, the buyer's and seller's initial allocations shall be calculated as being the allocation that the buyer and seller would otherwise have on the last day of the fishing year. (vi) Trap allocations may be transferred in any increment. (vii) Trap allocation transfers must be approved by the Regional Administrator before becoming effective. The Regional Administrator shall approve a transfer upon a showing by the involved permit holders of the following: (A) The proposed transfer is documented in a legible written agreement signed and dated by the involved permit holders. The agreement must identify the amount of allocation being transferred as well as the Federal lobster permit number from which the allocation is being taken and the Federal lobster permit number that is receiving the allocation. If the transfer involves parties who also possess a state lobster license, the parties must identify the state lobster license number and state of issuance. (B) That the transferring permit holder has sufficient allocation to transfer and that the permit holder's post-transfer allocation is clear and agreed to. In determining whether seller has sufficient allocation to transfer, the Regional Administrator will calculate the seller's pre-transfer and post-transfer allocations. The pre-transfer allocation shall be the amount of the seller's allocation as it would exist on the last day of the fishing year. The post-transfer allocation shall be the pre-transfer allocation minus the total amount of traps being transferred prior to application of the 10-percent trap retirement set forth in paragraph (a)(2)(iv)(A) of this section. (C) That the permit holder receiving the transfer has sufficient room under any applicable trap cap identified in § 697.19 to receive the transferred allocation and that the recipient's post-transfer allocation is clear and agreed to. In determining whether the buyer has sufficient room to receive allocation, the Regional Administrator will calculate the buyer's pre-transfer and post-transfer allocations. The pre-transfer allocation shall be the amount of the buyer's allocation as it would exist on the last day of the fishing year. The post-transfer allocation shall be the pre-transfer allocation plus the total amount of traps being transferred minus 10 percent of the transferred allocation that shall be retired pursuant to the provisions of (a)(2)(iv)(A) of this section. (3) Trap transfer period. (i) Federal lobster permit holders must declare their election into the program in writing to the NMFS Permit Office. Electing into the Trap Transfer Program is a one-time declaration, and the permit holder may participate in the program in later years without needing to re-elect into the program year after year. Federal permit holders may elect into the program at any time in any year, but their ability to actively transfer traps will be limited by the timing restrictions identified in paragraphs (a)(3)(ii) and (iii) of this section. (ii) All trap transfer requests must be made in writing before September 30 each year, and if approved, will become effective at the start of the next fishing year. The Regional Administrator shall attempt to review, reconcile and notify the transferring parties of the disposition of the requested transfer before December 31 each year. Transfers are not valid until approved by the Regional Administrator. (iii) Year 1. (b) [Reserved] [79 FR 19026, Apr. 7, 2014, as amended at 88 FR 67681, Oct. 2, 2023] § 697.28 Atlantic migratory group cobia. (a) Fishing year. (b) Authorized gear. (c) Size limits. (1) 33 inches (83.8), fork length, for cobia that are sold (commercial sector). (2) 36 inches (91.4 cm), fork length, for cobia that are not sold (recreational sector). (d) Landing fish intact. (e) Bag and possession limits. (1) Recreational bag and possession limits. (2) Possession limits. (f) Quotas. (1) Commercial quota. (2) Restrictions applicable after a quota closure. (ii) The sale or purchase of Atlantic migratory group cobia in or from the EEZ during a closure is prohibited. The prohibition on the sale or purchase during a closure does not apply to Atlantic migratory group cobia that were harvested, landed ashore, and sold prior to the effective date of the closure and were held in cold storage by a dealer or processor. (g) Commercial trip limits. [84 FR 4738, Feb. 19, 2019, as amended at 86 FR 61717, Nov. 8, 2021] Table 1 to Part 697—Area 3 Trap Reduction Schedule HISTORIC Trap Allocation Year 2006 Trap Allocation Year 1 - 5% Trap Reduction Effective November 2007 Year 2 - 5% Trap Reduction Effective July 1, 2008 Year 3- 2.5% Trap Reduction Effective July 1, 2009 Year 4 - 2.5% Trap Reduction Effective July 1, 2010 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 200 200 190 181 176 172 240 240 228 217 211 206 250 250 238 226 220 214 264 264 251 238 232 226 300 300 285 271 264 257 320 320 304 289 282 275 325 325 309 293 286 279 360 360 342 325 317 309 370 370 352 334 326 317 400 400 380 361 352 343 450 450 428 406 396 386 480 480 456 433 422 412 500 500 475 451 440 429 590 590 561 532 519 506 600 600 570 542 528 515 700 700 665 632 616 601 720 720 684 650 634 618 768 768 730 693 676 659 800 800 760 722 704 686 883 883 839 797 777 758 900 900 855 812 792 772 930 930 884 839 818 798 1000 1000 950 903 880 858 1004 1004 954 906 883 861 1020 1020 969 921 898 875 1100 1100 1045 993 968 944 1150 1150 1093 1038 1012 987 1170 1170 1112 1056 1030 1004 1200-1299 1200 1140 1083 1056 1030 1300-1399 1200 1140 1083 1056 1030 1400-1499 1200 1140 1083 1056 1030 1500-1599 1276 1212 1152 1123 1095 1600-1699 1352 1284 1220 1190 1160 1700-1799 1417 1346 1279 1247 1216 1800-1899 1482 1408 1338 1304 1271 1900-1999 1549 1472 1398 1363 1329 2000-2099 1616 1535 1458 1422 1386 2100-2199 1674 1590 1511 1473 1436 2200-2299 1732 1645 1563 1524 1486 2300-2399 1789 1700 1615 1574 1535 2400-2499 1845 1845 1753 1623 1583 2500-2599 1897 1802 1712 1669 1628 2600-2699 1949 1852 1759 1715 1672 2700-2799 2000 1900 1805 1760 1716 2800-2899 2050 1948 1850 1804 1759 2900-2999 2100 1995 1895 1848 1802 3000-3099 2150 2043 1940 1892 1845 3100-3199 2209 2099 1994 1944 1895 >3199 2267 2154 2046 1995 1945 [72 FR 56943, Oct. 5, 2007]

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