50 CFR § 600.1400-600.1417 - Magnuson-Stevens Act Provisions - Marine Recreational Fisheries of the United States

219 Fishery Conservation and Management § 600.1400 accordance with the procedures estab lished in the final rule implementing the referendum. (2) A NEFMC IFQ program ref erendum shall be considered approved only if more than 2⁄3 of the votes sub mitted on valid ballots are in favor of the referendum question. (3) A GMFMC IFQ program ref erendum shall be considered approved only if a majority of the votes sub mitted on valid ballots are in favor of the referendum question. (i) Council actions. (1) If NMFS noti fies a Council that an IFQ program pro posal has been approved through a ref erendum, then the Council may submit the associated FMP or FMP amend ment for Secretarial review and imple mentation. (2) Any changes that would modify an IFQ program proposal that was re viewed by referenda voters may invali date the results of the referendum and require the modified program proposal to be approved through a new ref erendum before it can be submitted to the Secretary for review and imple mentation. (3) If NMFS notifies a Council that an IFQ referendum has failed, then the Council may modify its IFQ program proposal and request a new referendum pursuant to paragraph (b) of this sec tion. Subpart P—Marine Recreational Fisheries of the United States SOURCE: 73 FR 79717, Dec. 30, 2008, unless otherwise noted. § 600.1400 Definitions. In addition to the definitions in the Magnuson-Stevens Fishery Conserva tion and Management Act (Magnuson Stevens Act) and in § 600.10 of this title, the terms used in this subpart have the following meanings. For purposes of this subpart, if applicable, the terms used in this subpart supersede those used in § 600.10. Anadromous species means the fol lowing: American shad: Alosa sapidissima Blueback herring: Alosa aestivalus Alewife: Alosa pseudoharengus Hickory shad: Alosa mediocris Alabama shad: Alosa alabamae Striped bass: Morone saxatilis Rainbow smelt: Osmerus mordax Atlantic salmon: Salmo salar Chinook, or king, salmon: Oncorhynchus tshawytscha Coho, or silver, salmon: Oncorhynchus kisutch Pink salmon: Oncorhynchus gorbuscha Sockeye salmon: Oncorhynchus nerka Chum salmon: Oncorhynchus keta Steelhead: Oncorhynchus mykiss Coastal cutthroat trout: Oncorhynchus clarki clarki Eulachon or candlefish: Thaleichthys pacificus Dolly varden: Salvelinus malma Sheefish or inconnu: Stenodus leucichthys Atlantic sturgeon: Acipenser oxyrhynchus oxyrhynchus Shortnose sturgeon: Acipenser brevirostrum Gulf sturgeon: Acipenser oxyrhynchus desotoi White sturgeon: Acipenser transmontanus Green sturgeon: Acipenser medirostris Angler means a person who is angling (see 50 CFR 600.10) in tidal waters. Authorized officer has the same mean ing as in 50 CFR 600.10. Combination license means either: (1) A single state fishing license that permits fishing in fresh waters and tidal waters at one price; or (2) A single state license that permits a group of fishing and hunting activi ties, including fishing in tidal waters, at a price that is less than the sum of the cost of the individual licenses. Commercial fishing has the same meaning as in 16 U.S.C. 1802. Continental shelf fishery resources has the same meaning as in 16 U.S.C. 1802. Exempted state means a state that has been designated as an exempted state by NMFS pursuant to § 600.1415. For-hire fishing vessel means a vessel on which passengers are carried to en gage in angling or spear fishing, from whom a consideration is contributed as a condition of such carriage, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person having an interest in the vessel. Indigenous people means persons who are documented members of a federally recognized tribe or Alaskan Native Corporation or persons who reside in the western Pacific who are descended from the aboriginal people indigenous to the region who conducted commer cial or subsistence fishing using tradi tional fishing methods, including an gling. 220 50 CFR Ch. VI (10–1–22 Edition) § 600.1405 Spearfishing means fishing for, at tempting to fish for, catching or at tempting to catch fish in tidal waters by any person with a spear or a powerhead (see 50 CFR 600.10). State has the same meaning as in 16 U.S.C. 1802. Tidal waters means waters that lie below mean high water and seaward of the first upstream obstruction or bar rier to tidal action and that are subject to the ebb and flow of the astronomical tides under ordinary conditions. [77 FR 42191, July 18, 2012] § 600.1405 Angler registration. (a) Effective January 1, 2010, the re quirements of this section apply to any person who does any of the following: (1) Engages in angling or spearfishing for: (i) Fish in the EEZ; (ii) Anadromous species in any tidal waters; or (iii) Continental Shelf fishery re sources beyond the EEZ. (2) Operates a for-hire fishing vessel in the EEZ. (3) Operates a for-hire fishing vessel that engages in angling or spearfishing for: (i) Anadromous species in any tidal waters; or (ii) Continental shelf fishery re sources beyond the EEZ. (4) Possesses equipment used for an gling or spearfishing and also pos sesses: (i) Fish in the EEZ; (ii) Anadromous species in any tidal waters; or (iii) Continental shelf fishery re sources beyond the EEZ. (b) No person may engage in the ac tivities listed in paragraph (a) of this section unless that person: (1) Has registered annually with NMFS in accordance with § 600.1410 of this part; (2) Holds a valid fishing license issued by, or is registered by, an exempted state; (3) Is a resident of an exempted state, but is not required to hold a fishing li cense, or to be registered to fish, under the laws of that state; (4) Holds a permit issued by NMFS for for-hire fishing under 50 CFR 622.4(a)(1), 635.4(b), 648.4(a), or 660.707(a)(1); (5) Is under the age of 16; (6) Is angling aboard a for-hire fish ing vessel that is in compliance with NMFS and state for-hire vessel permit, license or registration requirements; (7) Holds a commercial fishing li cense or permit issued by NMFS or a state and is lawfully fishing or in pos session of fish taken under the terms and conditions of such license or per mit; (8) Holds an HMS Angling permit under 50 CFR 635.4(c) or a MHI Non commercial Bottomfish permit under 50 CFR 665.203(a)(2); (9) Holds a subsistence fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and con ditions of such license or permit; or (10) Is angling or spearfishing for, or operating a for-hire fishing vessel that engages in fishing for, anadromous spe cies or Continental Shelf fishery re sources, in waters under the control of a foreign nation. (c) Any angler or spear fisher or oper ator of a for-hire vessel must, on re quest of an authorized officer, produce the NMFS registration number and certificate or evidence that such person or for-hire vessel operator is exempt from the registration requirement pur suant to § 600.1405(b)(2) through § 600.1405(b)(10). [73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012] § 600.1410 Registry process. (a) A person may register through the NMFS web site at www.nmfs.noaa.gov or by calling a toll free telephone number available by contacting NMFS or at the NMFS website. (b) Individuals must submit their name; address; telephone number; date of birth; region(s) of the country in which they intend to fish in the upcom ing year; and additional information necessary for the issuance or adminis tration of the registration. (c) To register a for-hire fishing ves sel, the vessel owner or operator must submit vessel owner name, address, date of birth, and telephone number; 221 Fishery Conservation and Management § 600.1416 vessel operator (if different) name, ad dress, date of birth and telephone num ber; vessel name; vessel’s state reg istration or U.S. Coast Guard docu mentation number; home port or prin cipal area of operation; and additional information necessary for the issuance or administration of the registration. (d) NMFS will issue a registration number and certificate to registrants. A registration number and certificate will be valid for one year from the date on which it is issued. (e) It shall be unlawful for any person to submit false, inaccurate or mis leading information in connection with any registration request. (f) Fees. Effective January 1, 2011, persons registering with NMFS must pay an annual fee. The annual schedule for such fees will be published in the FEDERAL REGISTER. Indigenous people engaging in angling or spear fishing must register, but are not required to pay a fee. § 600.1415 Procedures for designating exempted states-general provisions. (a) States with an exempted state designation must: (1) Submit state angler and for-hire vessel license holder data to NMFS for inclusion in a national or regional reg istry database; or (2) Participate in regional surveys of recreational catch and effort and make the data from those surveys available to NMFS. (b) Process for getting an exempted state designation: (1) To apply for exempted state des ignation, a state must submit: (i) A complete description of the data it intends to submit to NMFS; (ii) An assessment of how the data conforms to the requirements of §§ 600.1416 or 600. 1417; (iii) A description of the database in which the data exists and will be trans mitted; and (iv) The proposed process, schedule and frequency of submission of the data. (2) If NMFS determines the sub mitted material meets the require ments of §§ 600.1416 or 600.1417, NMFS will initiate negotiations with the state on a Memorandum of Agreement. The Memorandum of Agreement must include the terms and conditions of the data-sharing program. The Memo randum of Agreement and state des ignation may be limited to data-shar ing related to only anglers or only for hire fishing vessels. (3) Following execution of a Memo randum of Agreement, NMFS will pub lish a notice of the exempted state des ignation in the FEDERAL REGISTER. § 600.1416 Requirements for exempted state designation based on submis sion of state license holder data. (a) A state must annually update and submit to NMFS, in a format con sistent with NMFS guidelines, the name, address and, to the extent avail able in the state’s database, telephone number and date of birth, of all persons and for-hire vessel operators, and the name and state registration number or U.S. Coast Guard documentation num ber of for-hire vessels that are licensed to fish, or are registered as fishing, in the EEZ, in the tidal waters of the state, or for anadromous species. The Memorandum of Agreement developed in accordance with § 600.1415(b)(2) will specify the timetable for a state to compile and submit complete informa tion telephone numbers and dates of birth for its license holders/registrants. The waters of the state for which such license-holder data must be submitted will be specified in the Memorandum of Agreement. (b) A state is eligible to be designated as an exempted state even if its licens ing program excludes anglers who are: (1) Under 17 years of age; (2) Over age 59 (see § 600.1416(d)(1)); (3) Customers on licensed for-hire vessels; (4) Customers on state-licensed fish ing piers, provided that the pier license holder provides to the state complete angler contact information or angler effort information for users of the pier; (5) On active military duty while on furlough; or (6) Disabled or a disabled Veteran as defined by the state. (7) Fishing on days designated as ‘‘free fishing days’’ by states. ‘‘Free fishing days’’ means fishing promotion programs by which states allow new anglers to fish for a specified day with out a license or registration. 222 50 CFR Ch. VI (10–1–22 Edition) § 600.1417 (c) Unless the state can demonstrate that a given category of anglers is so small it has no significant probability of biasing estimates of fishing effort if these anglers are not included in a rep resentative sample, a state may not be designated as an exempted state if its licensing or registration program ex cludes anglers in any category other than those listed in paragraph (b) of this section. (d) Required enhancements to ex empted state license-holder data. An exempted state must submit the fol lowing angler identification data by Jan. 1, 2012, or within two years of the effective date of the Memorandum of Agreement, whichever is later, and thereafter in accordance with the Memorandum of Agreement. States that provide NMFS with notice that they are required to enact legislation or to enter into formal memoranda of agreement or contracts with other state agencies to comply with this re quirement must submit the data with in three years of the effective date of the Memorandum of Agreement: (1) Name, address and telephone num ber, updated annually, of excluded an glers over age 59, unless the state can demonstrate that the number of an glers excluded from the license or reg istration requirement based on having a date of birth before June 1, 1940 is so small it has no significant probability of biasing estimates of fishing effort if these anglers are not included in a rep resentative sample; (2) Name, address and telephone num ber, updated annually, of holders of state lifetime and multi-year licenses; (3) Name, address and telephone num ber of state combination license hold ers who fished in tidal waters in the prior year, or who intend to fish in tidal waters. The Memorandum of Agreement will define the boundaries of the state’s tidal waters for this pur pose. [73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012] § 600.1417 Requirements for exempted state designation based on submis sion of recreational survey data. (a) To be designated as an exempted state based on the state’s participation in a regional survey of marine and anadromous recreational fishing catch and effort, a state may submit to NMFS a proposal that fully describes the state’s participation in a qualifying regional survey, and the survey’s sam ple design, data collection and avail ability. (b) A qualifying regional survey must: (1) Include all of the states within each region as follows: (i) Maine, New Hampshire, Massachu setts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Dela ware, Maryland, Virginia, North Caro lina, South Carolina, Georgia and Flor ida (Atlantic coast); (ii) Florida (Gulf of Mexico coast), Alabama, Mississippi, Louisiana, and Texas; (iii) Puerto Rico; (iv) U.S. Virgin Islands; (v) California, Oregon and Wash ington; (vi) Alaska; (vii) Hawaii; or (viii) American Samoa, Guam and the Commonwealth of the Northern Mariana Islands. (2) Utilize angler registry data, or di rect field counts to obtain angler ef fort, or other appropriate statistical means to obtain fishing effort; (3) Utilize angler registry data to identify individuals to be surveyed by telephone, mail or Internet if such re gional survey includes a telephone sur vey component; and (4) Meet NMFS survey design and data collection standards. [73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42192, July 18, 2012] Subpart Q—Vessel Monitoring System Type-Approval SOURCE: 85 FR 40921, July 8, 2020, unless otherwise noted. § 600.1500 Definitions and acronyms. In addition to the definitions in the Magnuson-Stevens Act and in § 600.10, and the acronyms in § 600.15, the terms and acronyms in this subpart have the following meanings: Authorized entity means a person, de fined at 16 U.S.C. 1802(36), authorized to