50 CFR § 600.5-600.15 - Magnuson-Stevens Act Provisions - General

7 Fishery Conservation and Management § 600.10 600.1416 Requirements for exempted state designation based on submission of state license holder data. 600.1417 Requirements for exempted state designation based on submission of rec reational survey data. Subpart Q—Vessel Monitoring System Type-Approval 600.1500 Definitions and acronyms. 600.1501 Vessel Monitoring System type-ap proval process. 600.1502 Communications functionality. 600.1503 Position report data formats and transmission. 600.1504 Latency requirement. 600.1505 Messaging. 600.1506 Electronic forms. 600.1507 Communications security. 600.1508 Field and technical services. 600.1509 General. 600.1510 Notification of type-approval. 600.1511 Changes or modifications to type approvals. 600.1512 Type-approval revocation process. 600.1513 Type-approval revocation appeals process. 600.1514 Revocation effective date and noti fication to vessel owners. 600.1515 Litigation support. 600.1516 Reimbursement opportunities for revoked Vessel Monitoring System type approval products. Subpart R—Standardized Bycatch Reporting Methodology 600.1600 Purpose and scope. 600.1605 Definitions and word usage. 600.1610 Establishing and reviewing stand ardized bycatch reporting methodologies in fishery management plans. AUTHORITY: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq. SOURCE: 61 FR 32540, June 24, 1996, unless otherwise noted. Subpart A—General § 600.5 Purpose and scope. (a) This part contains general provi sions governing the operation of the eight Regional Fishery Management Councils established by the Magnuson Stevens Act and describes the Sec retary’s role and responsibilities under the Act. The Councils are institutions created by Federal law and must con form to the uniform standards estab lished by the Secretary in this part. (b) This part also governs all foreign fishing under the Magnuson-Stevens Act, prescribes procedures for the con duct of preemption hearings under sec tion 306(b) of the Magnuson-Stevens Act, and collects the general provisions common to all domestic fisheries gov erned by this chapter. (c) This part also governs fishing ca pacity reduction programs under the Magnuson-Stevens Act. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 65 FR 31443, May 18, 2000] § 600.10 Definitions. Unless defined otherwise in other parts of Chapter VI, the terms in this chapter have the following meanings: Administrator means the Adminis trator of NOAA (Under Secretary of Commerce for Oceans and Atmosphere) or a designee. Advisory group means a Scientific and Statistical Committee (SSC), Fishing Industry Advisory Committee (FIAC), or Advisory Panel (AP) established by a Council under the Magnuson-Stevens Act. Advisory panel (AP) means a com mittee formed, selected, and formally designated as a Magnuson-Stevens Act Section 302(g)(2) advisory panel by the Council’s Statement of organization, practices, and procedures (SOPP), or by a formal charge to the committee made by the chair and recorded in the Council’s minutes, to assist it in car rying out its functions. An AP may in clude individuals who are not members of the Council. Agent, for the purpose of foreign fish ing (subpart F), means a person ap pointed and maintained within the United States who is authorized to re ceive and respond to any legal process issued in the United States to an owner and/or operator of a vessel operating under a permit and of any other vessel of that Nation fishing subject to the ju risdiction of the United States. Any diplomatic official accepting such an appointment as designated agent waives diplomatic or other immunity in connection with such process. Aggregate or summary form means con fidential data structured in such a way that the identity of the submitter can not be determined either from the present release of the data or in com bination with other releases. 8 50 CFR Ch. VI (10–1–22 Edition) § 600.10 Albacore means the species Thunnus alalunga, or a part thereof. Allocated species means any species or species group allocated to a foreign na tion under § 600.517 for catching by ves sels of that Nation. Allocation means direct and delib erate distribution of the opportunity to participate in a fishery among identifi able, discrete user groups or individ uals. Allowable chemical means a substance, generally used to immobilize marine life so it can be captured alive, that, when introduced into the water, does not take Gulf and South Atlantic pro hibited coral (as defined at 50 CFR 622.2) and is allowed by Florida or Ha waii or the U.S. Pacific Insular Area for the harvest of tropical fish. Anadromous species means species of fish that spawn in fresh or estuarine waters of the United States and that migrate to ocean waters. Angling means fishing for, attempt ing to fish for, catching or attempting to catch fish by any person (angler) with a hook attached to a line that is hand-held or by rod and reel made for this purpose. Area of custody means any vessel, building, vehicle, live car, pound, pier or dock facility where fish might be found. Assistant Administrator means the As sistant Administrator for Fisheries, NOAA, or a designee. Atlantic tunas means bluefin, alba core, bigeye, skipjack, and yellowfin tunas found in the Atlantic Ocean. Atlantic Tunas Convention Act means the Atlantic Tunas Convention Act of 1975, 16 U.S.C. 971–971h. Authorized officer means: (1) Any commissioned, warrant, or petty officer of the USCG; (2) Any special agent or fishery en forcement officer of NMFS; (3) Any officer designated by the head of any Federal or state agency that has entered into an agreement with the Secretary and the Commandant of the USCG to enforce the provisions of the Magnuson-Stevens Act or any other statute administered by NOAA; or (4) Any USCG personnel accom panying and acting under the direction of any person described in paragraph (1) of this definition. Authorized species means any species or species group that a foreign vessel is authorized to retain in a joint venture by a permit issued under Activity Code 4 as described by § 600.501(c). Automatic reel means a reel that re mains attached to a vessel when in use from which a line and attached hook(s) are deployed. The line is payed out from and retrieved on the reel elec trically or hydraulically. Bandit gear means vertical hook and line gear with rods that are attached to the vessel when in use. Lines are re trieved by manual, electric, or hydrau lic reels. Barrier net means a small-mesh net used to capture coral reef or coastal pe lagic fishes. Bigeye tuna means the species Thunnus obesus, or a part thereof. Billfish means Atlantic billfish (blue marlin, white marlin, sailfish, longbill spearfish, or roundscale spearfish). Bluefin tuna means the species Thunnus thynnus, or a part thereof. Blue marlin means the species Makaira nigricans, or a part thereof. Bully net means a circular frame at tached at right angles to a pole and supporting a conical bag of webbing. Buoy gear means fishing gear con sisting of a float and one or more lines suspended therefrom. A hook or hooks are on the lines at or near the end. The float and line(s) drift freely and are re trieved periodically to remove catch and rebait hooks. Carcass means a fish in whole condi tion or that portion of a fish that has been gilled and/or gutted and the head and some or all fins have been re moved, but that is otherwise in whole condition. Cast net means a circular net with weights attached to the perimeter. Catch limit means the total allowable harvest or take from a single fishing trip or day, as defined in this section. Catch, take, or harvest includes, but is not limited to, any activity that re sults in killing any fish or bringing any live fish on board a vessel. Center means one of the five NMFS Fisheries Science Centers. Charter boat means a vessel less than 100 gross tons (90.8 mt) that meets the requirements of the U.S. Coast Guard 9 Fishery Conservation and Management § 600.10 to carry six or fewer passengers for hire. Coast Guard Commander means one of the commanding officers of the Coast Guard units specified in Table 1 of § 600.502, or a designee. Codend means the terminal, closed end of a trawl net. Compensation fishing means fishing conducted for the purpose of recovering costs associated with resource surveys and scientific studies that support the management of a fishery, or to provide incentive for participation in such studies. Compensation fishing may in clude fishing during or subsequent to such surveys or studies. Confidential statistics are those sub mitted as a requirement of an FMP and that reveal the business or identity of the submitter. Conservation engineering means the development and assessment of fishing technologies and fishing techniques de signed to conserve target and non-tar get species, and may include the study of fish behavior and the development and testing of new gear technologies and fishing techniques to minimize by catch and any adverse effects on essen tial fish habitat and promote efficient harvest of target species. Conservation engineering may include the assess ment of existing fishing technologies applied in novel ways. An example would be assessing the ability of a by catch reduction device (BRD), designed and proven in one fishery, to reduce by catch in another fishery. Conservation engineering meeting the definition of scientific research activity is not fish ing. Continental shelf fishery resources means the species listed under section 3(7) of the Magnuson-Stevens Act. Council means one of the eight Re gional Fishery Management Councils established by the Magnuson-Stevens Act. Data, statistics, and information are used interchangeably. Dealer means the person who first re ceives fish by way of purchase, barter, or trade. Designated representative means the person appointed by a foreign nation and maintained within the United States who is responsible for transmit ting information to and submitting re ports from vessels of that Nation and establishing observer transfer arrange ments for vessels in both directed and joint venture activities. Dip net means a small mesh bag, sometimes attached to a handle, shaped and framed in various ways. It is operated by hand or partially by me chanical power to capture the fish. Directed fishing, for the purpose of foreign fishing (subpart F), means any fishing by the vessels of a foreign na tion for allocations of fish granted that Nation under § 600.517. Director means the Director of the Of fice of Sustainable Fisheries, 1315 East West Highway, Silver Spring, MD 20910. Discard means to release or return fish to the sea, whether or not such fish are brought fully on board a fishing vessel. Dredge means a gear consisting of a mouth frame attached to a holding bag constructed of metal rings or mesh. Drop net means a small, usually cir cular net with weight around the pe rimeter and a float in the center. Essential fish habitat (EFH) means those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. For the purpose of interpreting the definition of essen tial fish habitat: ‘‘Waters’’ include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate; ‘‘sub strate’’ includes sediment, hard bot tom, structures underlying the waters, and associated biological communities; ‘‘necessary’’ means the habitat re quired to support a sustainable fishery and the managed species’ contribution to a healthy ecosystem; and ‘‘spawn ing, breeding, feeding, or growth to ma turity’’ covers a species’ full life cycle. Exclusive economic zone (EEZ) means the zone established by Presidential Proclamation 5030, 3 CFR part 22, dated March 10, 1983, and is that area adja cent to the United States which, except where modified to accommodate inter national boundaries, encompasses all waters from the seaward boundary of each of the coastal states to a line on which each point is 200 nautical miles (370.40 km) from the baseline from 10 50 CFR Ch. VI (10–1–22 Edition) § 600.10 which the territorial sea of the United States is measured. Exempted educational activity means an activity that would otherwise be considered fishing, conducted by an educational institution accredited by a recognized national or international accreditation body, of limited scope and duration, that is otherwise prohib ited by this chapter VI, but that is au thorized by the appropriate Regional Administrator or Director for edu cational purposes, i.e., the instruction of an individual or group, and author ized capture of only the amount of fish necessary to demonstrate the lesson. Exempted or experimental fishing means fishing from a vessel of the United States that involves activities otherwise prohibited by this chapter VI, but that are authorized under an exempted fishing permit (EFP). The regulations in § 600.745 refer exclusively to exempted fishing. References else where in this chapter to experimental fishing mean exempted fishing under this part. Fillet means to remove slices of fish flesh from the carcass by cuts made parallel to the backbone. Fish means: (1) When used as a noun, means any finfish, mollusk, crustacean, or parts thereof, and all other forms of marine animal and plant life other than ma rine mammals and birds. (2) When used as a verb, means to en gage in ‘‘fishing,’’ as defined below. Fishery means: (1) One or more stocks of fish that can be treated as a unit for purposes of conservation and management and that are identified on the basis of geo graphic, scientific, technical, rec reational, or economic characteristics, or method of catch; or (2) Any fishing for such stocks. Fishery management unit (FMU) means a fishery or that portion of a fishery identified in an FMP relevant to the FMP’s management objectives. The choice of an FMU depends on the focus of the FMP’s objectives, and may be organized around biological, geo graphic, economic, technical, social, or ecological perspectives. Fishery resource means any fish, any stock of fish, any species of fish, and any habitat of fish. Fishing, or to fish means any activity, other than scientific research con ducted by a scientific research vessel, that involves: (1) The catching, taking, or har vesting of fish; (2) The attempted catching, taking, or harvesting of fish; (3) Any other activity that can rea sonably be expected to result in the catching, taking, or harvesting of fish; or (4) Any operations at sea in support of, or in preparation for, any activity described in paragraphs (1), (2), or (3) of this definition. Fishing industry advisory committee (FIAC) means an advisory group formed and selected by a regional fishery man agement council under the authority of the Magnuson-Stevens Act section 302(g)(3)(A) and formally designated in the Council’s SOPP or by a formal charge to the FIAC made by the chair and recorded in the Council’s minutes. A FIAC is not an ‘‘advisory panel’’ as defined under this section. Fishing vessel means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type that is normally used for: (1) Fishing; or (2) Aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, includ ing, but not limited to, preparation, supply, storage, refrigeration, trans portation, or processing. Fish weir means a large catching ar rangement with a collecting chamber that is made of non-textile material (wood, wicker) instead of netting as in a pound net. Foreign fishing means fishing by a for eign fishing vessel. Foreign fishing vessel (FFV) means any fishing vessel other than a vessel of the United States, except those foreign vessels engaged in recreational fishing, as defined in this section. Gear conflict means any incident at sea involving one or more fishing ves sels: (1) In which one fishing vessel or its gear comes into contact with another vessel or the gear of another vessel; and 11 Fishery Conservation and Management § 600.10 (2) That results in the loss of, or damage to, a fishing vessel, fishing gear, or catch. Gillnet means a panel of netting, sus pended vertically in the water by floats along the top and weights along the bottom, to entangle fish that attempt to pass through it. Governing International Fishery Agree ment (GIFA) means an agreement be tween the United States and a foreign nation or Nations under section 201(c) of the Magnuson-Stevens Act. Grants Officer means the NOAA offi cial authorized to sign, on behalf of the Government, the cooperative agree ment providing funds to support the Council’s operations and functions. Greenwich mean time (GMT) means the local mean time at Greenwich, Eng land. All times in this part are GMT unless otherwise specified. Handgear means handline, harpoon, or rod and reel. Hand harvest means harvesting by hand. Handline means fishing gear that is set and pulled by hand and consists of one vertical line to which may be at tached leader lines with hooks. Harass means to unreasonably inter fere with an individual’s work perform ance, or to engage in conduct that cre ates an intimidating, hostile, or offen sive environment. Harpoon or harpoon gear means fish ing gear consisting of a pointed dart or iron attached to the end of a line sev eral hundred feet in length, the other end of which is attached to a floatation device. Harpoon gear is attached to a pole or stick that is propelled only by hand, and not by mechanical means. Headboat means a vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry pas sengers for hire. Hook and line means one or more hooks attached to one or more lines (can include a troll). Hoop net means a cone-shaped or flat net which may or may not have throats and flues stretched over a series of rings or hoops for support. Industry means both recreational and commercial fishing, and includes the harvesting, processing, and marketing sectors. International radio call sign (IRCS) means the unique radio identifier as signed a vessel by the appropriate au thority of the flag state. Joint venture means any operation by a foreign vessel assisting fishing by U.S. fishing vessels, including catch ing, scouting, processing and/or sup port. (A joint venture generally entails a foreign vessel processing fish re ceived from U.S. fishing vessels and conducting associated support activi ties.) Lampara net means a surround net with the sections of netting made and joined to create bagging. It is hauled with purse rings and is generally much smaller in size than a purse seine net. Land means to begin offloading fish, to offload fish, or to arrive in port or at a dock, berth, beach, seawall, or ramp. Limited access system means a system that limits participation in a fishery to those satisfying certain eligibility cri teria or requirements contained in a fishery management plan or associated regulation. Longbill spearfish means the species Tetrapturus pfluegeri, or a part thereof. Longline means a line that is de ployed horizontally and to which gangions and hooks or pots are at tached. Longlines can be stationary, anchored, or buoyed lines that may be hauled manually, electrically, or hy draulically. Magnuson-Stevens Act means the Mag nuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C. 1801 et seq.), formerly known as the Magnuson Act. Metric ton (mt) means 1,000 kg (2,204.6 lb). nm means nautical mile (6,076 ft (1,852 m)). Official number means the docu mentation number issued by the USCG or the certificate number issued by a state or by the USCG for an undocu mented vessel. Operator, with respect to any vessel, means the master or other individual aboard and in charge of that vessel. Optimum yield (OY) means the amount of fish that: (1) Will provide the greatest overall benefit to the Nation, particularly with respect to food production and rec reational opportunities, and taking 12 50 CFR Ch. VI (10–1–22 Edition) § 600.10 into account the protection of marine ecosystems; (2) Is prescribed as such on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant economic, social, or ecological factor; and (3) In the case of an overfished fish ery, provides for rebuilding to a level consistent with producing the max imum sustainable yield in such fishery. Owner, with respect to any vessel, means: (1) Any person who owns that vessel in whole or in part; (2) Any charterer of the vessel, whether bareboat, time, or voyage; (3) Any person who acts in the capac ity of a charterer, including, but not limited to, parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, function, or operation of the vessel; or (4) Any agent designated as such by a person described in paragraph (1), (2), or (3) of this definition. Pelagic longline means a longline that is suspended by floats in the water col umn and that is not fixed to or in con tact with the ocean bottom. Plan Team means a Council working group selected from agencies, institu tions, and organizations having a role in the research and/or management of fisheries, whose primary purpose is to assist the Council in the preparation and/or review of FMPs, amendments, and supporting documents for the Council, and/or SSC and AP. Postmark means independently verifiable evidence of the date of mail ing, such as a U.S. Postal Service post mark, or other private carrier post mark, certified mail receipt, overnight mail receipt, or a receipt issued upon hand delivery to a representative of NMFS authorized to collect fishery statistics. Pot means trap. Powerhead means any device with an explosive charge, usually attached to a spear gun, spear, pole, or stick, that may or may not fire a projectile upon contact. Predominately means, with respect to fishing in a fishery, that more fishing on a stock or stocks of fish covered by the FMP occurs, or would occur in the absence of regulations, within or be yond the EEZ than occurs in the aggre gate within the boundaries of all states off the coasts of which the fishery is conducted. Processing, for the purpose of foreign fishing (subpart F), means any oper ation by an FFV to receive fish from foreign or U.S. fishing vessels and/or the preparation of fish, including, but not limited to, cleaning, cooking, can ning, smoking, salting, drying, or freezing, either on the FFV’s behalf or to assist other foreign or U.S. fishing vessels. Product recovery rate (PRR) means a ratio expressed as a percentage of the weight of processed product divided by the round weight of fish used to produce that amount of product. Prohibited species, with respect to a foreign vessel, means any species of fish that that vessel is not specifically allocated or authorized to retain, in cluding fish caught or received in ex cess of any allocation or authorization. Purchase means the act or activity of buying, trading, or bartering, or at tempting to buy, trade, or barter. Purse seine means a floated and weighted encircling net that is closed by means of a drawstring threaded through rings attached to the bottom of the net. Recreational fishing, with respect to a foreign vessel, means any fishing from a foreign vessel not operated for profit and not operated for the purpose of sci entific research. It may not involve the sale, barter, or trade of part or all of the catch (see § 600.513). Retain on board means to fail to re turn fish to the sea after a reasonable opportunity to sort the catch. Region means one of six NMFS Re gional Offices responsible for admin istering the management and develop ment of marine resources of the United States in their respective geographical regions. Regional Administrator means the Ad ministrator of one of the six NMFS Re gions described in Table 1 to § 600.502, or a designee. Regional Program Officer means the NMFS official designated in the terms and conditions of the grant award re sponsible for monitoring, recom mending, and reviewing any technical 13 Fishery Conservation and Management § 600.10 aspects of the application for Federal assistance and the award. Rod and reel means a hand-held (in cluding rod holder) fishing rod with a manually or electrically operated reel attached. Round means a whole fish—one that has not been gilled, gutted, beheaded, or definned. Roundscale spearfish means the spe cies Tetrapturus georgii, or a part there of. Round weight means the weight of the whole fish before processing or removal of any part. Sailfish means the species Istiophorus platypterus, or a part thereof. Sale or sell means the act or activity of transferring property for money or credit, trading, or bartering, or at tempting to so transfer, trade, or bar ter. Science and Research Director (also re ferred to as ‘‘Center Director’’) means the Director of one of the six NMFS Fish eries Science Centers described in Table 1 to § 600.502, or a designee. Scientific cruise means the period of time during which a scientific research vessel is operated in furtherance of a scientific research project, beginning when the vessel leaves port to under take the project and ending when the vessel completes the project as pro vided for in the applicable scientific re search plan. Scientific research activity is, for the purposes of this part, an activity in furtherance of a scientific fishery in vestigation or study that would meet the definition of fishing under the Mag nuson-Stevens Act, but for the exemp tion applicable to scientific research activity conducted from a scientific re search vessel. Scientific research activ ity includes, but is not limited to, sam pling, collecting, observing, or sur veying the fish or fishery resources within the EEZ, at sea, on board sci entific research vessels, to increase sci entific knowledge of the fishery re sources or their environment, and to test a hypothesis as part of a planned, directed investigation or study con ducted according to methodologies generally accepted as appropriate for scientific research. At-sea scientific fishery investigations address one or more topics involving taxonomy, biol ogy, physiology, behavior, disease, aging, growth, mortality, migration, recruitment, distribution, abundance, ecology, stock structure, bycatch or other collateral effects of fishing, con servation engineering, and catch esti mation of fish species considered to be a component of the fishery resources within the EEZ. Scientific research ac tivity does not include the collection and retention of fish outside the scope of the applicable research plan, or the testing of fishing gear. Data collection designed to capture and land quantities of fish for product development, mar ket research, and/or public display are not scientific research activities. For foreign vessels, such data collection ac tivities are considered scientific re search if they are carried out in full co operation with the United States. Scientific research plan means a de tailed, written formulation, prepared in advance of the research, for the ac complishment of a scientific research project. At a minimum, a sound sci entific research plan should include: (1) A description of the nature and objectives of the project, including the hypothesis or hypotheses to be tested. (2) The experimental design of the project, including a description of the methods to be used, the type and class of any vessel(s) to be used, and a de scription of sampling equipment. (3) The geographical area(s) in which the project is to be conducted. (4) The expected date of first appear ance and final departure of the re search vessel(s) to be employed, and de ployment and removal of equipment, as appropriate. (5) The expected quantity and species of fish to be taken and their intended disposition, and, if significant amounts of a managed species or species other wise restricted by size or sex are need ed, an explanation of such need. (6) The name, address, and telephone/ telex/fax number of the sponsoring or ganization and its director. (7) The name, address, and telephone/ telex/fax number, and curriculum vitae of the person in charge of the project and, where different, the person in charge of the research project on board the vessel. (8) The identity of any vessel(s) to be used including, but not limited to, the 14 50 CFR Ch. VI (10–1–22 Edition) § 600.10 vessel’s name, official documentation number and IRCS, home port, and name, address, and telephone number of the owner and master. Scientific research vessel means a ves sel owned or chartered by, and con trolled by, a foreign government agen cy, U.S. Government agency (including NOAA or institutions designated as federally funded research and develop ment centers), U.S. state or territorial agency, university (or other edu cational institution accredited by a recognized national or international accreditation body), international treaty organization, or scientific insti tution. In order for a domestic com mercial fishing vessel to meet this defi nition, it must be under the control of a qualifying agency or institution, and operate in accordance with a scientific research plan, for the duration of the scientific research activity. In order for a vessel that is owned or chartered and controlled by a foreign government to meet this definition, the vessel must have scientific research as its exclusive mission during the scientific activity in question, and the vessel operations must be conducted in accordance with a scientific research plan. Scouting means any operation by a vessel exploring (on the behalf of an FFV or U.S. fishing vessel) for the presence of fish by visual, acoustic, or other means that do not involve the catching of fish. Secretary means the Secretary of Commerce or a designee. Seine means a net with long narrow wings, that is rigged with floats and weights. Skipjack tuna means the species Katsuwonus pelamis, or a part thereof. Slurp gun means a tube-shaped suc tion device that operates somewhat like a syringe by sucking up the fish. Snare means a device consisting of a pole to which is attached a line form ing at its end a loop with a running knot that tightens around the fish when the line is pulled. Spear means a sharp, pointed, or barbed instrument on a shaft. Spears can be operated manually or shot from a gun or sling. State means each of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Amer ican Samoa, the Virgin Islands, Guam, the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States. State employee means any employee of the state agency responsible for devel oping and monitoring the state’s pro gram for marine and/or anadromous fisheries. Statement of Organization, Practices, and Procedures (SOPP) means a state ment by each Council describing its or ganization, practices, and procedures as required under section 302(f)(6) of the Magnuson-Stevens Act. Stock assessment means the process of collecting and analyzing biological and statistical information to determine the changes in the abundance of fishery stocks in response to fishing, and, to the extent possible, to predict future trends of stock abundance. Stock as sessments are based on resource sur veys; knowledge of the habitat require ments, life history, and behavior of the species; the use of environmental indi ces to determine impacts on stocks; and catch statistics. Stock assessments are used as a basis to ‘‘assess and speci fy the present and probable future con dition of a fishery’’ (as is required by the Magnuson-Stevens Act), and are summarized in the Stock Assessment and Fishery Evaluation or similar doc ument. Stock Assessment and Fishery Evalua tion (SAFE) means a document or set of documents that provides Councils with a summary of the most recent biologi cal condition of species in an FMU, and the social and economic condition of the recreational and commercial fish ing industries and the fish processing industries. It summarizes, on a periodic basis, the best available scientific in formation concerning the past, present, and possible future condition of the stocks and fisheries being managed under Federal regulation. Submersible means a manned or un manned device that functions or oper ates primarily underwater and is used to harvest fish, i.e., precious corals, with mechanical arms. Substantially (affects) means, for the purpose of subpart G, with respect to whether a state’s action or omission will substantially affect the carrying out of an FMP for a fishery, that those 15 Fishery Conservation and Management § 600.15 effects are important or material, or considerable in degree. The effects of a state’s action or omission for purposes of this definition include effects upon: (1) The achievement of the FMP’s goals or objectives for the fishery; (2) The achievement of OY from the fishery on a continuing basis; (3) The attainment of the national standards for fishery conservation and management (as set forth in section 301(a) of the Magnuson-Stevens Act) and compliance with other applicable law; or (4) The enforcement of regulations implementing the FMP. Support means any operation by a vessel assisting fishing by foreign or U.S. vessels, including supplying water, fuel, provisions, fish processing equip ment, or other supplies to a fishing vessel. Swordfish means the species Xiphias gladius, or a part thereof. Tangle net dredge means dredge gear consisting of weights and flimsy net ting that hangs loosely in order to im mediately entangle fish. Total length (TL) means the straight line distance from the tip of the snout to the tip of the tail (caudal fin) while the fish is lying on its side, normally extended. Trammel net means a net consisting of two or more panels of netting, sus pended vertically in the water column by a common float line and a common weight line. One panel of netting has a larger mesh size than the other(s) in order to entrap fish in a pocket. Transship means offloading and onloading or otherwise transferring fish or fish products and/or trans porting fish or products made from fish. Trap means a portable, enclosed de vice with one or more gates or en trances and one or more lines attached to surface floats. Also called a pot. Trawl means a cone or funnel-shaped net that is towed through the water, and can include a pair trawl that is towed simultaneously by two boats. Trip means the time period that be gins when a fishing vessel departs from a dock, berth, beach, seawall, ramp, or port to carry out fishing operations and that terminates with a return to a dock, berth, beach, seawall, ramp, or port. U.S. observer or observer means any person serving in the capacity of an ob server employed by NMFS, either di rectly or under contract, or certified as a supplementary observer by NMFS. Vessel of the United States or U.S. ves sel means: (1) Any vessel documented under chapter 121 of title 46, United States Code; (2) Any vessel numbered under chap ter 123 of title 46, United States Code, and measuring less than 5 net tons; (3) Any vessel numbered under chap ter 123 of title 46, United States Code, and used exclusively for pleasure; or (4) Any vessel not equipped with pro pulsion machinery of any kind and used exclusively for pleasure. White Marlin means the species Kajikia albidus, or a part thereof. Yellowfin tuna means the species Thunnus albacares, or a part thereof. [61 FR 32540, June 24, 1996, as amended at 62 FR 14646, Mar. 27, 1997; 62 FR 66551, Dec. 19, 1997; 63 FR 7073, 7075, Feb. 12, 1998; 64 FR 4036, Jan. 27, 1999; 64 FR 29133, May 28, 1999; 64 FR 67516, Dec. 2, 1999; 67 FR 2375, Jan. 17, 2002; 67 FR 64312, Oct. 18, 2002; 69 FR 30240, May 27, 2004; 73 FR 67810, Nov. 17, 2008; 74 FR 42792, Aug. 25, 2009; 75 FR 59149, Sept. 27, 2010; 75 FR 57701, Sept. 22, 2010] § 600.15 Other acronyms. (a) Fishery management terms. (1) ABC—acceptable biological catch (2) ATCA–Atlantic Tunas Convention Act (3) BFT (Atlantic bluefin tuna) means the subspecies of bluefin tuna, Thunnus thynnus thynnus, or a part thereof, that occurs in the Atlantic Ocean. (4) BSD means the ICCAT bluefin tuna statistical document. (5) CCC–Council coordination com mittee (6) DAH—estimated domestic annual harvest (7) DAP—estimated domestic annual processing (8) EIS—environmental impact state ment (9) EY—equilibrium yield (10) FIAC–Fishing industry advisory committee (11) FMP—fishery management plan 16 50 CFR Ch. VI (10–1–22 Edition) § 600.105 (12) ICCAT means the International Commission for the Conservation of Atlantic Tunas. (13) JVP—joint venture processing (14) MSY—maximum sustainable yield (15) PMP—preliminary FMP (16) TAC—total allowable catch (17) TALFF—total allowable level of foreign fishing (b) Legislation. (1) APA—Administra tive Procedure Act (2) CZMA—Coastal Zone Management Act (3) ESA—Endangered Species Act (4) FACA—Federal Advisory Com mittee Act (5) FOIA—Freedom of Information Act (6) FLSA—Fair Labor Standards Act (7) MMPA—Marine Mammal Protec tion Act (8) MPRSA—Marine Protection, Re search, and Sanctuaries Act (9) NEPA—National Environmental Policy Act (10) PA—Privacy Act (11) PRA—Paperwork Reduction Act (12) RFA—Regulatory Flexibility Act (c) Federal agencies. (1) CEQ—Council on Environmental Quality (2) DOC—Department of Commerce (3) DOI—Department of the Interior (4) DOS—Department of State (5) EPA—Environmental Protection Agency (6) FWS—Fish and Wildlife Service (7) GSA—General Services Adminis tration (8) NMFS—National Marine Fisheries Service (9) NOAA—National Oceanic and At mospheric Administration (10) OMB—Office of Management and Budget (11) OPM—Office of Personnel Man agement (12) SBA—Small Business Adminis tration (13) USCG—United States Coast Guard [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 FR 29134, May 28, 1999; 75 FR 59149, Sept. 27, 2010] Subpart B—Regional Fishery Management Councils § 600.105 Intercouncil boundaries. (a) New England and Mid-Atlantic Councils. The boundary begins at the intersection point of Connecticut, Rhode Island, and New York at 41°18′16.249″ N. lat. and 71°54′28.477″ W. long. and proceeds south 37°22′32.75″ East to the point of intersection with the outward boundary of the EEZ as specified in the Magnuson-Stevens Act. (b) Mid-Atlantic and South Atlantic Councils. The boundary begins at the seaward boundary between the States of Virginia and North Carolina (36°33′01.0″ N. lat), and proceeds due east to the point of intersection with the outward boundary of the EEZ as specified in the Magnuson-Stevens Act. (c) South Atlantic and Gulf of Mexico Councils. The boundary coincides with the line of demarcation between the Atlantic Ocean and the Gulf of Mexico, which begins at the intersection of the outer boundary of the EEZ, as specified in the Magnuson-Stevens Act, and 83°00′ W. long., proceeds northward along that meridian to 24°35′ N. lat., (near the Dry Tortugas Islands), thence eastward along that parallel, through Rebecca Shoal and the Quicksand Shoal, to the Marquesas Keys, and then through the Florida Keys to the main land at the eastern end of Florida Bay, the line so running that the narrow waters within the Dry Tortugas Is lands, the Marquesas Keys and the Florida Keys, and between the Florida Keys and the mainland, are within the Gulf of Mexico. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 FR 59149, Sept. 27, 2010] § 600.110 Intercouncil fisheries. If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may— (a) Designate a single Council to pre pare the FMP for such fishery and any amendments to such FMP, in consulta tion with the other Councils concerned; or (b) Require that the FMP and any amendments be prepared jointly by all the Councils concerned.