50 CFR § 622.400-622.416 - Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic

428 50 CFR Ch. VI (10–1–22 Edition) § 622.400 acceptable biological catches (ABCs) and ABC control rules, annual catch limits (ACLs) and ACL control rules, accountability measures (AMs), annual catch targets (ACTs), quotas (including a quota of zero), MSY (or proxy), OY, management parameters such as over fished and overfishing definitions, gear restrictions (ranging from regulation to complete prohibition), gear mark ings and identification, vessel mark ings and identification, rebuilding plans, and restrictions relative to con ditions of harvested fish (maintaining fish in whole condition, use as bait). (b) [Reserved] [80 FR 4224, Jan. 27, 2015] Subpart R—Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic § 622.400 Permits and fees. (a) Applicability—(1) Licenses, certifi cates, and permits—(i) EEZ off Florida and spiny lobster landed in Florida. For a person to sell, trade, or barter, or at tempt to sell, trade, or barter, a spiny lobster harvested or possessed in the EEZ off Florida, or harvested in the EEZ other than off Florida and landed from a fishing vessel in Florida, or for a person to be exempt from the daily bag and possession limit specified in § 622.408(b)(1) for such spiny lobster, such person must have the licenses and certificates specified to be a ‘‘commer cial harvester,’’ as defined in Rule 68B– 24.002(4), Florida Administrative Code, in effect as of May 1, 2017 (incorporated by reference, see § 622.413). (ii) EEZ other than off Florida. For a person to sell, trade, or barter, or at tempt to sell, trade, or barter, a spiny lobster harvested in the EEZ other than off Florida or for a person to be exempt from the daily bag and posses sion limit specified in § 622.408(b)(1) for such spiny lobster, a Federal vessel permit must be issued to the har vesting vessel and must be on board. However, see paragraph (a)(1)(i) of this section for the licenses and certificates required for a person to possess or land spiny lobster harvested in the EEZ other than off Florida and subse quently possessed in the EEZ off Flor ida or landed from a fishing vessel in Florida. (2) Tail-separation permits. For a per son to possess aboard a fishing vessel a separated spiny lobster tail in or from the EEZ, a valid Federal tail-separa tion permit must be issued to the ves sel and must be on board. Permitting prerequisites for the tail-separation permit are either a valid Federal vessel permit for spiny lobster or a valid Flor ida Saltwater Products License with a valid Florida Restricted Species En dorsement and a valid Crawfish En dorsement. (3) Corporation/partnership-owned ves sels. For a vessel owned by a corpora tion or partnership to be eligible for a Federal vessel permit specified in para graph (a)(1)(ii) of this section, the earned income qualification specified in paragraph (b)(2)(vi) of this section must be met by, and the statement re quired by that paragraph must be sub mitted by, an officer or shareholder of the corporation, a general partner of the partnership, or the vessel operator. (4) Operator-qualified permits. A vessel permit issued upon the qualification of an operator is valid only when that person is the operator of the vessel. (5) Dealer permits and conditions—(i) Permits. For a dealer to first receive Gulf or South Atlantic spiny lobster harvested in or from the EEZ, a Gulf and South Atlantic dealer permit must be issued to the dealer. (ii) State license and facility require ments. To obtain a dealer permit, the applicant must have a valid state wholesaler’s license in the state(s) where the dealer operates, if required by such state(s), and must have a phys ical facility at a fixed location in such state(s). (b) Applications for permits. (1) An ap plication for a Federal vessel and/or tail-separation permit must be sub mitted and signed by the owner (in the case of a corporation, a qualifying offi cer or shareholder; in the case of a partnership, a qualifying general part ner) or operator of the vessel. The ap plication must be submitted to the RA at least 30 days prior to the date on which the applicant desires to have the permit made effective. (2) An applicant must provide the fol lowing information: 429 Fishery Conservation and Management § 622.400 (i) A copy of the vessel’s U.S. Coast Guard certificate of documentation or, if not documented, a copy of its state registration certificate. (ii) The vessel’s name and official number. (iii) Name, mailing address including zip code, telephone number, social se curity number, and date of birth of the owner (if the owner is a corporation/ partnership, in lieu of the social secu rity number, provide the employer identification number, if one has been assigned by the Internal Revenue Serv ice, and, in lieu of the date of birth, provide the date the corporation/part nership was formed). (iv) If the owner does not meet the earned income qualification specified in paragraph (b)(2)(vi) of this section and the operator does meet that quali fication, the name, mailing address in cluding zip code, telephone number, so cial security number, and date of birth of the operator. (v) Information concerning vessel, gear used, fishing areas, and fisheries vessel is used in, as requested by the RA and included on the application form. (vi) A sworn statement by the appli cant for a vessel permit certifying that at least 10 percent of his or her earned income was derived from commercial fishing, that is, sale of the catch, dur ing the calendar year preceding the ap plication. (vii) Documentation supporting the statement of income, if required under paragraph (b)(3) of this section. (viii) If a tail-separation permit is de sired, a sworn statement by the appli cant certifying that his or her fishing activity— (A) Is routinely conducted in the EEZ on trips of 48 hours or more; and (B) Necessitates the separation of carapace and tail to maintain a quality product. (ix) Any other information that may be necessary for the issuance or admin istration of the permit. (3) The RA may require the applicant to provide documentation supporting the sworn statement under paragraph (b)(2)(vi) of this section before a permit is issued or to substantiate why such permit should not be revoked or other wise sanctioned under paragraph (i) of this section. Such required documenta tion may include copies of appropriate forms and schedules from the appli cant’s income tax return. Copies of in come tax forms and schedules are treated as confidential. (c) Change in application information. The owner or operator of a vessel with a permit must notify the RA within 30 days after any change in the applica tion information specified in paragraph (b) of this section. The permit is void if any change in the information is not reported within 30 days. (d) Fees. A fee is charged for each per mit application submitted under para graph (b) of this section. The amount of the fee is calculated in accordance with the procedures of the NOAA Fi nance Handbook for determining the administrative costs of each special product or service. The fee may not ex ceed such costs and is specified with each application form. The appropriate fee must accompany each application. (e) Issuance. (1) The RA will issue a permit at any time to an applicant if the application is complete and the ap plicant meets the earned income re quirement specified in paragraph (b)(2)(vi) of this section. An application is complete when all requested forms, information, and documentation have been received. (2) Upon receipt of an incomplete ap plication, the RA will notify the appli cant of the deficiency. If the applicant fails to correct the deficiency within 30 days of the date of the RA’s letter of notification, the application will be considered abandoned. (f) Duration. A permit remains valid for the period specified on it unless the vessel is sold or the permit is revoked, suspended, or modified pursuant to subpart D of 15 CFR part 904. (g) Transfer. A permit issued pursu ant to this section is not transferable or assignable. A person purchasing a permitted vessel who desires to con duct activities for which a permit is re quired must apply for a permit in ac cordance with the provisions of para graph (b) of this section. The applica tion must be accompanied by a copy of a signed bill of sale. (h) Display. A permit issued pursuant to this section must be carried on board the vessel, and such vessel must 430 50 CFR Ch. VI (10–1–22 Edition) § 622.401 be identified as required by § 622.402. The operator of a vessel must present the permit for inspection upon the re quest of an authorized officer. (i) Sanctions and denials. A permit issued pursuant to this section may be revoked, suspended, or modified, and a permit application may be denied, in accordance with the procedures gov erning enforcement-related permit sanctions and denials found at subpart D of 15 CFR part 904. (j) Alteration. A permit that is al tered, erased, or mutilated is invalid. (k) Replacement. A replacement per mit may be issued. An application for a replacement permit will not be consid ered a new application. A fee, the amount of which is stated with the ap plication form, must accompany each request for a replacement permit. [78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19497, Apr. 9, 2014; 84 FR 37151, July 31, 2019] EFFECTIVE DATE NOTE: At 87 FR 56237, Sept. 13, 2022, § 622.400 was amended in para graph (a)(1)(i), by removing all references to ‘‘622.413’’ and adding, in their place, ‘‘622.19’’, effective Oct. 13, 2022. § 622.401 Recordkeeping and report ing. (a) Dealers. A dealer who first re ceives Gulf or South Atlantic spiny lobster must maintain records and sub mit information as specified in § 622.5(c). (b) [Reserved] [79 FR 19497, Apr. 9, 2014] § 622.402 Vessel and gear identifica tion. (a) EEZ off Florida. (1) An owner or operator of a vessel that is used to har vest spiny lobster by traps in the EEZ off Florida must comply with the ves sel and gear identification require ments specified in Rule 68B–24.006(3), (4), and (5), Florida Administrative Code, in effect as of May 1, 2017 (incor porated by reference, see § 622.413). (2) An owner or operator of a vessel that is used to harvest spiny lobster by diving in the EEZ off Florida must comply with the vessel identification requirements applicable to the har vesting of spiny lobsters by diving in Florida’s waters in Rule 68B–24.006(6), Florida Administrative Code, in effect as of May 1, 2017 (incorporated by ref erence, see § 622.413). (3) An owner or operator of a vessel that is used to harvest spiny lobster by bully net in the EEZ off Florida must comply with the vessel identification requirements applicable to the har vesting of spiny lobsters by bully net in Florida’s waters in Rule 68B– 24.006(7), Florida Administrative Code, in effect as of May 1, 2017 (incorporated by reference, see § 622.413). (b) EEZ other than off Florida. (1) The owner or operator of a vessel that is used to harvest spiny lobsters in the EEZ other than off Florida, must meet the following vessel and gear identi fication requirements: (i) The vessel’s Florida crawfish li cense or trap number or, if not licensed by Florida, the vessel’s Federal vessel permit number must be permanently and conspicuously displayed hori zontally on the uppermost structural portion of the vessel in numbers at least 10 inches (25.4 cm) high so as to be readily identifiable from the air and water; (ii) If the vessel uses spiny lobster traps in the EEZ, other than off Flor ida— (A) The vessel’s color code, as as signed by Florida or, if a color code has not been assigned by Florida, as as signed by the RA, must be permanently and conspicuously displayed above the number specified in paragraph (b)(1)(i) of this section so as to be readily iden tifiable from the air and water, such color code being in the form of a circle at least 20 inches (50.8 cm) in diameter on a background of colors contrasting to those contained in the assigned color code; (B) A buoy or timed-release buoy of such strength and buoyancy to float must be attached to each spiny lobster trap or at each end of a string of traps; (C) A buoy used to mark spiny lob ster traps must bear the vessel’s as signed color code and be of such color, hue, and brilliancy as to be easily dis tinguished, seen, and located; (D) A buoy used to mark spiny lob ster traps must bear the vessel’s Flor ida crawfish license or trap number or, if not licensed by Florida, the vessel’s 431 Fishery Conservation and Management § 622.403 Federal vessel permit number in num bers at least 2 inches (5.08 cm) high; and (E) A spiny lobster trap must bear the vessel’s Florida crawfish license or trap number or, if not licensed by Flor ida, the vessel’s Federal vessel permit number permanently and legibly af fixed. (2) A spiny lobster trap in the EEZ, other than off Florida, will be pre sumed to be the property of the most recently documented owner. Upon the sale or transfer of a spiny lobster trap used in the EEZ, other than off Flor ida, within 5 days of acquiring owner ship, the person acquiring ownership must notify the Florida Division of Law Enforcement of the Department of Environmental Protection for a trap that bears a Florida crawfish license or trap number, or the RA, for a trap that bears a Federal vessel permit number, as to the number of traps purchased, the vendor, and the crawfish license or trap number, or Federal vessel permit number, currently displayed on the traps, and must request issuance of a crawfish license or trap number, or Federal vessel permit, if the acquiring owner does not possess such license or trap number or permit. (c) Unmarked traps and buoys. An un marked spiny lobster trap or buoy in the EEZ is illegal gear. (1) EEZ off Florida. Such trap or buoy, and any connecting lines will be con sidered derelict and may be disposed of in accordance with Rules 68B–55.002 and 68B–55.004 of the Florida Administra tive Code, in effect as of October 15, 2007 (incorporated by reference, see § 622.413). An owner of such trap or buoy remains subject to appropriate civil penalties. (2) EEZ other than off Florida. Such trap or buoy, and any connecting lines, will be considered unclaimed or aban doned property and may be disposed of in any manner considered appropriate by the Assistant Administrator or an authorized officer. An owner of such trap or buoy remains subject to appro priate civil penalties. [78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37151, July 31, 2019] EFFECTIVE DATE NOTE: At 87 FR 56237, Sept. 13, 2022, § 622.402 was amended in para graphs (a)(1), (2), and (3) and (c)(1), by remov ing all references to ‘‘622.413’’ and adding, in their place, ‘‘622.19’’, effective Oct. 13, 2022. § 622.403 Seasons. (a) EEZ off the southern Atlantic states, other than Florida. In the EEZ off the southern Atlantic states, other than Florida, there are no seasonal restric tions on the harvest of spiny lobster or on the possession of traps. (b) EEZ off Florida and off the Gulf states, other than Florida—(1) Commercial and recreational fishing season. The commercial and recreational fishing season for spiny lobster in the EEZ off Florida and the EEZ off the Gulf states, other than Florida, begins on August 6 and ends on March 31. (2) Special recreational fishing sea sons—(i) EEZ off Florida. There is a 2 day special recreational fishing season in the EEZ off Florida on the last Wednesday and successive Thursday of July each year during which fishing for spiny lobster is limited to diving or use of a bully net or hoop net. (See § 622.404 for general prohibitions on gear and methods.) In the EEZ off Monroe Coun ty, Florida, no person may harvest spiny lobster by diving at night, that is, from 1 hour after official sunset to 1 hour before official sunrise, during this 2-day special recreational fishing season. (ii) EEZ off the Gulf states, other than Florida. There is a 2-day special rec reational fishing season in the EEZ off the Gulf states, other than Florida, during the last Saturday and succes sive Sunday of July each year during which fishing for spiny lobster may be conducted by authorized gear and methods other than traps. (See § 622.404 for prohibitions on gear and methods.) (3) Possession of traps. (i) In the EEZ off Florida, the rules and regulations applicable to the possession of spiny lobster traps in Florida’s waters in Rule 68B–24.005(3), (4), and (5), Florida Administrative Code, in effect as of No vember 1, 2018 (incorporated by ref erence, see § 622.413), apply in their en tirety to the possession of spiny lobster traps in the EEZ off Florida. A spiny lobster trap, buoy, or rope in the EEZ off Florida, during periods not author ized will be considered derelict and may be disposed of in accordance with Rules 68B–55.002 and 68B–55.004 of the 432 50 CFR Ch. VI (10–1–22 Edition) § 622.404 Florida Administrative Code, in effect as of October 15, 2007 (incorporated by reference, see § 622.413). An owner of such trap, buoy, or rope remains sub ject to appropriate civil penalties. (ii) In the EEZ off the Gulf states, other than Florida, a spiny lobster trap may be placed in the water prior to the commercial and recreational fishing season, which is specified in paragraph (b)(1) of this section, beginning on Au gust 1 and must be removed from the water after such season not later than April 5. A spiny lobster trap, buoy, or rope in the EEZ off the Gulf states, other than Florida, during periods not authorized in this paragraph will be considered unclaimed or abandoned property and may be disposed of in any manner considered appropriate by the Assistant Administrator or an author ized officer. An owner of such trap, buoy, or rope remains subject to appro priate civil penalties. (4) Possession of spiny lobsters. In the EEZ off Florida and the Gulf states, a whole or a part of a spiny lobster sub ject to these regulations may only be possessed during the commercial and recreational fishing season and the spe cial recreational fishing season speci fied in § 622.403, unless accompanied by proof of lawful harvest in the waters of a foreign nation. Consistent with the provisions of paragraphs (b)(3)(i) and (ii) of this section, a spiny lobster in a trap in this area will not be deemed to be possessed provided such spiny lob ster is returned immediately to the water unharmed when a trap is re moved from the water between March 31 and April 15. (c) Primacy of seasonal restrictions in the EEZ off Florida. The seasonal re strictions applicable in the EEZ off Florida apply to all spiny lobsters and traps in the EEZ off Florida, without regard to harvest or use elsewhere, un less accompanied by proof of lawful harvest elsewhere. [78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37151, July 31, 2019] EFFECTIVE DATE NOTE: At 87 FR 56237, Sept. 13, 2022, § 622.403 was amended in para graph (b)(3)(i), by removing all references to ‘‘622.413’’ and adding, in their place, ‘‘622.19’’, effective Oct. 13, 2022. § 622.404 Prohibited gear and methods. Also see § 622.9 for additional prohib ited gear and methods that apply more broadly to multiple fisheries or in some cases all fisheries. (a) A spiny lobster may not be taken in the EEZ with a spear, hook, or simi lar device, or gear containing such de vices. In the EEZ, the possession of a speared, pierced, or punctured spiny lobster is prima facie evidence that pro hibited gear was used to take such lob ster. Hook, as used in this paragraph (a), does not include a hook in a hook and-line fishery for species other than spiny lobster; and possession of a spiny lobster that has been speared, pierced, or punctured by such hook is not con sidered evidence that prohibited gear was used to take the spiny lobster, pro vided no prohibited gear is on board the vessel. (b) A spiny lobster may not be taken in a directed fishery by the use of a net or trawl. See § 622.408(b)(4) for the by catch limits applicable to a vessel that uses or has on board a net or trawl. (c) Poisons and explosives may not be used to take a spiny lobster in the EEZ. For the purposes of this para graph (c), chlorine, bleach, and similar substances, which are used to flush a spiny lobster out of rocks or coral, are poisons. A vessel in the spiny lobster fishery may not possess on board in the EEZ any dynamite or similar explosive substance. (d) Except for black sea bass pots and golden crab traps as allowed in § 622.188 and § 622.248, respectively, the posses sion of all other traps is prohibited on board a vessel in the South Atlantic EEZ when spiny lobster subject to the recreational bag and possession limits specified in § 622.408 is also onboard the vessel. The recreational harvest of spiny lobster using a trap is prohibited in the South Atlantic EEZ. (e) In the EEZ off Florida, simulta neous possession of a bully net and any underwater breathing apparatus, not including dive masks or snorkels, on board a vessel used to harvest or trans port spiny lobster for commercial pur poses is prohibited in accordance with Rule 68B–24.007(5), Florida Administra tive Code, in effect as of May 1, 2017 (incorporated by reference, see 433 Fishery Conservation and Management § 622.406 § 622.413). For the purpose of this para graph, an ‘‘underwater breathing appa ratus’’ is any apparatus, whether self contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is able to obtain or reuse air or any other gas or gasses for breath ing without returning to the surface of the water. (f) In the EEZ off Florida, vessels that are or are required to be marked with or have identification associated with a bully net permit for the harvest of spiny lobster are prohibited from having trap pullers aboard, in accord ance with Rule 68B–24.006(8), the Flor ida Administrative Code, in effect as of May 1, 2017 (incorporated by reference, see § 622.413). [78 FR 22952, Apr. 17, 2013, as amended at 83 FR 29047, June 22, 2018; 84 FR 37152, July 31, 2019] EFFECTIVE DATE NOTE: At 87 FR 56237, Sept. 13, 2022, § 622.404 was amended in para graphs (e) and (f), by removing all references to ‘‘622.413’’ and adding, in their place, ‘‘622.19’’, effective Oct. 13, 2022. § 622.405 Trap construction specifica tions and tending restrictions. (a) Construction specifications. In the EEZ, a spiny lobster trap may be no larger in dimension than 3 feet by 2 feet by 2 feet (91.4 cm by 61.0 cm by 61.0 cm), or the volume equivalent. A trap constructed of material other than wood must have a panel constructed of wood, cotton, or other material that will degrade at the same rate as a wooden trap. Such panel must be lo cated in the upper half of the sides or on top of the trap, so that, when re moved, there will be an opening in the trap no smaller than the diameter found at the throat or entrance of the trap. (b) Tending restrictions. (1) A spiny lobster trap in the EEZ may be pulled or tended during daylight hours only, that is, from 1 hour before official sun rise to 1 hour after official sunset. (2) A spiny lobster trap in the EEZ may be pulled or tended only by the owner’s vessel, except that permission to pull or work traps belonging to an other person may be granted— (i) For traps in the EEZ off Florida, by the Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, in accordance with the procedures in Rule 68B–24.006(9), Flor ida Administrative Code, in effect as of May 1, 2017 (incorporated by reference, see § 622.413). (ii) For traps in the EEZ, other than off Florida, by the RA, as may be ar ranged upon written request. [78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37152, July 31, 2019] EFFECTIVE DATE NOTE: At 87 FR 56237, Sept. 13, 2022, § 622.405 was amended in para graph (b)(2)(i), by removing all references to ‘‘622.413’’ and adding, in their place, ‘‘622.19’’, effective Oct. 13, 2022. § 622.406 Areas closed to lobster trap gear. (a) Fishing with spiny lobster trap gear is prohibited year-round in the following areas bounded by rhumb lines connecting, in order, the points listed. (1) Lobster Trap Gear Closed Area 1. Point North lat. West long. A ................ 24°31′15.002″ 81°31′00.000″ B ................ 24°31′15.002″ 81°31′19.994″ C ................ 24°31′29.999″ 81°31′19.994″ D ................ 24°31′29.999″ 81°31′00.000″ A ................ 24°31′15.002″ 81°31′00.000″ (2) Lobster Trap Gear Closed Area 2. Point North lat. West long. A ................ 24°31′20.205″ 81°30′17.213″ B ................ 24°31′17.858″ 81°30′27.700″ C ................ 24°31′27.483″ 81°30′30.204″ D ................ 24°31′29.831″ 81°30′19.483″ A ................ 24°31′20.205″ 81°30′17.213″ (3) Lobster Trap Gear Closed Area 3. Point North lat. West long. A ................ 24°31′42.665″ 81°30′02.892″ B ................ 24°31′45.013″ 81°29′52.093″ C ................ 24°31′34.996″ 81°29′49.745″ D ................ 24°31′32.335″ 81°30′00.466″ A ................ 24°31′42.665″ 81°30′02.892″ (4) Lobster Trap Gear Closed Area 4. Point North lat. West long. A ................ 24°31′50.996″ 81°28′39.999″ B ................ 24°31′50.996″ 81°29′03.002″ C ................ 24°31′56.998″ 81°29′03.002″ D ................ 24°31′56.998″ 81°28′39.999″ A ................ 24°31′50.996″ 81°28′39.999″ (5) Lobster Trap Gear Closed Area 5. Point North lat. West long. A ................ 24°32′20.014″ 81°26′20.390″ 434 50 CFR Ch. VI (10–1–22 Edition) § 622.406 Point North lat. West long. B ................ 24°32′13.999″ 81°26′41.999″ C ................ 24°32′27.004″ 81°26′45.611″ D ................ 24°32′33.005″ 81°26′23.995″ A ................ 24°32′20.014″ 81°26′20.390″ (6) Lobster Trap Gear Closed Area 6. Point North lat. West long. A ................ 24°32′30.011″ 81°24′47.000″ B ................ 24°32′23.790″ 81°24′56.558″ C ................ 24°32′45.997″ 81°25′10.998″ D ................ 24°32′52.218″ 81°25′01.433″ A ................ 24°32′30.011″ 81°24′47.000″ (7) Lobster Trap Gear Closed Area 7. Point North lat. West long. A ................ 24°32′46.834″ 81°27′17.615″ B ................ 24°32′41.835″ 81°27′35.619″ C ................ 24°32′54.003″ 81°27′38.997″ D ................ 24°32′59.002″ 81°27′21.000″ A ................ 24°32′46.834″ 81°27′17.615″ (8) Lobster Trap Gear Closed Area 8. Point North lat. West long. A ................ 24°33′10.002″ 81°25′50.995″ B ................ 24°33′04.000″ 81°26′18.996″ C ................ 24°33′17.253″ 81°26′21.839″ D ................ 24°33′23.254″ 81°25′53.838″ A ................ 24°33′10.002″ 81°25′50.995″ (9) Lobster Trap Gear Closed Area 9. Point North lat. West long. A ................ 24°33′22.004″ 81°30′31.998″ B ................ 24°33′22.004″ 81°30′41.000″ C ................ 24°33′29.008″ 81°30′41.000″ D ................ 24°33′29.008″ 81°30′31.998″ A ................ 24°33′22.004″ 81°30′31.998″ (10) Lobster Trap Gear Closed Area 10. Point North lat. West long. A ................ 24°33′33.004″ 81°30′00.000″ B ................ 24°33′33.004″ 81°30′09.998″ C ................ 24°33′41.999″ 81°30′09.998″ D ................ 24°33′41.999″ 81°30′00.000″ A ................ 24°33′33.004″ 81°30′00.000″ (11) Lobster Trap Gear Closed Area 11. Point North lat. West long. A ................ 24°33′50.376″ 81°23′35.039″ B ................ 24°33′27.003″ 81°24′51.003″ C ................ 24°33′40.008″ 81°24′54.999″ D ................ 24°34′03.382″ 81°23′39.035″ A ................ 24°33′50.376″ 81°23′35.039″ (12) Lobster Trap Gear Closed Area 12. Point North lat. West long. A ................ 24°34′00.003″ 81°19′29.996″ B ................ 24°34′00.003″ 81°20′04.994″ C ................ 24°34′24.997″ 81°20′04.994″ D ................ 24°34′24.997″ 81°19′29.996″ A ................ 24°34′00.003″ 81°19′29.996″ (13) Lobster Trap Gear Closed Area 13. Point North lat. West long. A ................ 24°35′19.997″ 81°14′25.002″ B ................ 24°35′19.997″ 81°14′34.999″ C ................ 24°35′29.006″ 81°14′34.999″ D ................ 24°35′29.006″ 81°14′25.002″ A ................ 24°35′19.997″ 81°14′25.002″ (14) Lobster Trap Gear Closed Area 14. Point North lat. West long. A ................ 24°44′37.004″ 80°46′47.000″ B ................ 24°44′37.004″ 80°46′58.000″ C ................ 24°44′47.002″ 80°46′58.000″ D ................ 24°44′47.002″ 80°46′47.000″ A ................ 24°44′37.004″ 80°46′47.000″ (15) Lobster Trap Gear Closed Area 15. Point North lat. West long. A ................ 24°49′53.946″ 80°38′17.646″ B ................ 24°48′32.331″ 80°40′15.530″ C ................ 24°48′44.389″ 80°40′23.879″ D ................ 24°50′06.004″ 80°38′26.003″ A ................ 24°49′53.946″ 80°38′17.646″ (16) Lobster Trap Gear Closed Area 16. Point North lat. West long. A ................ 24°53′32.085″ 80°33′22.065″ B ................ 24°53′38.992″ 80°33′14.670″ C ................ 24°53′31.673″ 80°33′07.155″ D ................ 24°53′24.562″ 80°33′14.886″ A ................ 24°53′32.085″ 80°33′22.065″ (17) Lobster Trap Gear Closed Area 17. Point North lat. West long. A ................ 24°53′33.410″ 80°32′50.247″ B ................ 24°53′40.149″ 80°32′42.309″ C ................ 24°53′32.418″ 80°32′35.653″ D ................ 24°53′25.348″ 80°32′43.302″ A ................ 24°53′33.410″ 80°32′50.247″ (18) Lobster Trap Gear Closed Area 18. Point North lat. West long. A ................ 24°54′06.317″ 80°32′34.115″ B ................ 24°53′59.368″ 80°32′41.542″ C ................ 24°54′06.667″ 80°32′48.994″ D ................ 24°54′13.917″ 80°32′41.238″ 435 Fishery Conservation and Management § 622.406 Point North lat. West long. A ................ 24°54′06.317″ 80°32′34.115″ (19) Lobster Trap Gear Closed Area 19. Point North lat. West long. A ................ 24°54′06.000″ 80°31′33.995″ B ................ 24°54′06.000″ 80°31′45.002″ C ................ 24°54′36.006″ 80°31′45.002″ D ................ 24°54′36.006″ 80°31′33.995″ A ................ 24°54′06.000″ 80°31′33.995″ (20) Lobster Trap Gear Closed Area 20. Point North lat. West long. A ................ 24°56′21.104″ 80°28′52.331″ B ................ 24°56′17.012″ 80°29′05.995″ C ................ 24°56′26.996″ 80°29′08.996″ D ................ 24°56′31.102″ 80°28′55.325″ A ................ 24°56′21.104″ 80°28′52.331″ (21) Lobster Trap Gear Closed Area 21. Point North lat. West long. A ................ 24°56′53.006″ 80°27′46.997″ B ................ 24°56′21.887″ 80°28′25.367″ C ................ 24°56′35.002″ 80°28′36.003″ D ................ 24°57′06.107″ 80°27′57.626″ A ................ 24°56′53.006″ 80°27′46.997″ (22) Lobster Trap Gear Closed Area 22. Point North lat. West long. A ................ 24°57′35.001″ 80°27′14.999″ B ................ 24°57′28.011″ 80°27′21.000″ C ................ 24°57′33.999″ 80°27′27.997″ D ................ 24°57′40.200″ 80°27′21.106″ A ................ 24°57′35.001″ 80°27′14.999″ (23) Lobster Trap Gear Closed Area 23. Point North lat. West long. A ................ 24°58′58.154″ 80°26′03.911″ B ................ 24°58′48.005″ 80°26′10.001″ C ................ 24°58′52.853″ 80°26′18.090″ D ................ 24°59′03.002″ 80°26′11.999″ A ................ 24°58′58.154″ 80°26′03.911″ (24) Lobster Trap Gear Closed Area 24. Point North lat. West long. A ................ 24°59′17.009″ 80°24′32.999″ B ................ 24°58′41.001″ 80°25′21.998″ C ................ 24°58′57.591″ 80°25′34.186″ D ................ 24°59′33.598″ 80°24′45.187″ A ................ 24°59′17.009″ 80°24′32.999″ (25) Lobster Trap Gear Closed Area 25. Point North lat. West long. A ................ 24°59′44.008″ 80°25′38.999″ B ................ 24°59′27.007″ 80°25′48.997″ C ................ 24°59′32.665″ 80°25′58.610″ D ................ 24°59′49.666″ 80°25′48.612″ A ................ 24°59′44.008″ 80°25′38.999″ (26) Lobster Trap Gear Closed Area 26. Point North lat. West long. A ................ 25°01′00.006″ 80°21′55.002″ B ................ 25°01′00.006″ 80°22′11.996″ C ................ 25°01′18.010″ 80°22′11.996″ D ................ 25°01′18.010″ 80°21′55.002″ A ................ 25°01′00.006″ 80°21′55.002″ (27) Lobster Trap Gear Closed Area 27. Point North lat. West long. A ................ 25°01′34.997″ 80°23′12.998″ B ................ 25°01′18.010″ 80°23′44.000″ C ................ 25°01′22.493″ 80°23′46.473″ D ................ 25°01′36.713″ 80°23′37.665″ E ................ 25°01′46.657″ 80°23′19.390″ A ................ 25°01′34.997″ 80°23′12.998″ (28) Lobster Trap Gear Closed Area 28. Point North lat. West long. A ................ 25°01′38.005″ 80°21′25.998″ B ................ 25°01′28.461″ 80°21′46.158″ C ................ 25°01′45.009″ 80°21′53.999″ D ................ 25°01′54.553″ 80°21′33.839″ A ................ 25°01′38.005″ 80°21′25.998″ (29) Lobster Trap Gear Closed Area 29. Point North lat. West long. A ................ 25°01′53.001″ 80°23′08.995″ B ................ 25°01′53.001″ 80°23′17.997″ C ................ 25°02′01.008″ 80°23′17.997″ D ................ 25°02′01.008″ 80°23′08.995″ A ................ 25°01′53.001″ 80°23′08.995″ (30) Lobster Trap Gear Closed Area 30. Point North lat. West long. A ................ 25°02′20.000″ 80°22′11.001″ B ................ 25°02′10.003″ 80°22′50.002″ C ................ 25°02′22.252″ 80°22′53.140″ D ................ 25°02′32.250″ 80°22′14.138″ A ................ 25°02′20.000″ 80°22′11.001″ (31) Lobster Trap Gear Closed Area 31. 436 50 CFR Ch. VI (10–1–22 Edition) § 622.406 Point North lat. West long. A ................ 25°02′29.503″ 80°20′30.503″ B ................ 25°02′16.498″ 80°20′43.501″ C ................ 25°02′24.999″ 80°20′52.002″ D ................ 25°02′38.004″ 80°20′38.997″ A ................ 25°02′29.503″ 80°20′30.503″ (32) Lobster Trap Gear Closed Area 32. Point North lat. West long. A ................ 25°02′34.008″ 80°21′57.000″ B ................ 25°02′34.008″ 80°22′14.997″ C ................ 25°02′50.007″ 80°22′14.997″ D ................ 25°02′50.007″ 80°21′57.000″ A ................ 25°02′34.008″ 80°21′57.000″ (33) Lobster Trap Gear Closed Area 33. Point North lat. West long. A ................ 25°03′11.294″ 80°21′36.864″ B ................ 25°03′02.540″ 80°21′43.143″ C ................ 25°03′08.999″ 80°21′51.994″ D ................ 25°03′17.446″ 80°21′45.554″ A ................ 25°03′11.294″ 80°21′36.864″ (34) Lobster Trap Gear Closed Area 34. Point North lat. West long. A ................ 25°03′30.196″ 80°21′34.263″ B ................ 25°03′39.267″ 80°21′29.506″ C ................ 25°03′35.334″ 80°21′19.801″ D ................ 25°03′26.200″ 80°21′24.304″ A ................ 25°03′30.196″ 80°21′34.263″ (35) Lobster Trap Gear Closed Area 35. Point North lat. West long. A ................ 25°03′26.001″ 80°19′43.001″ B ................ 25°03′26.001″ 80°19′54.997″ C ................ 25°03′41.011″ 80°19′54.997″ D ................ 25°03′41.011″ 80°19′43.001″ A ................ 25°03′26.001″ 80°19′43.001″ (36) Lobster Trap Gear Closed Area 36. Point North lat. West long. A ................ 25°07′03.008″ 80°17′57.999″ B ................ 25°07′03.008″ 80°18′10.002″ C ................ 25°07′14.997″ 80°18′10.002″ D ................ 25°07′14.997″ 80°17′57.999″ A ................ 25°07′03.008″ 80°17′57.999″ (37) Lobster Trap Gear Closed Area 37. Point North lat. West long. A ................ 25°07′51.156″ 80°17′27.910″ B ................ 25°07′35.857″ 80°17′37.091″ C ................ 25°07′43.712″ 80°17′50.171″ D ................ 25°07′59.011″ 80°17′40.998″ Point North lat. West long. A ................ 25°07′51.156″ 80°17′27.910″ (38) Lobster Trap Gear Closed Area 38. Point North lat. West long. A ................ 25°08′12.002″ 80°17′09.996″ B ................ 25°07′55.001″ 80°17′26.997″ C ................ 25°08′04.998″ 80°17′36.995″ D ................ 25°08′22.000″ 80°17′20.000″ A ................ 25°08′12.002″ 80°17′09.996″ (39) Lobster Trap Gear Closed Area 39. Point North lat. West long. A ................ 25°08′18.003″ 80°17′34.001″ B ................ 25°08′18.003″ 80°17′45.997″ C ................ 25°08′29.003″ 80°17′45.997″ D ................ 25°08′29.003″ 80°17′34.001″ A ................ 25°08′18.003″ 80°17′34.001″ (40) Lobster Trap Gear Closed Area 40. Point North lat. West long. A ................ 25°08′45.002″ 80°15′50.002″ B ................ 25°08′37.999″ 80°15′56.998″ C ................ 25°08′42.009″ 80°16′00.995″ D ................ 25°08′48.999″ 80°15′53.998″ A ................ 25°08′45.002″ 80°15′50.002″ (41) Lobster Trap Gear Closed Area 41. Point North lat. West long. A ................ 25°08′58.007″ 80°17′24.999″ B ................ 25°08′58.007″ 80°17′35.999″ C ................ 25°09′09.007″ 80°17′35.999″ D ................ 25°09′09.007″ 80°17′24.999″ A ................ 25°08′58.007″ 80°17′24.999″ (42) Lobster Trap Gear Closed Area 42. Point North lat. West long. A ................ 25°09′10.999″ 80°16′00.000″ B ................ 25°09′10.999″ 80°16′09.997″ C ................ 25°09′20.996″ 80°16′09.997″ D ................ 25°09′20.996″ 80°16′00.000″ A ................ 25°09′10.999″ 80°16′00.000″ (43) Lobster Trap Gear Closed Area 43. Point North lat. West long. A ................ 25°09′28.316″ 80°17′03.713″ B ................ 25°09′14.006″ 80°17′17.000″ C ................ 25°09′21.697″ 80°17′25.280″ D ................ 25°09′36.006″ 80°17′12.001″ A ................ 25°09′28.316″ 80°17′03.713″ 437 Fishery Conservation and Management § 622.406 (44) Lobster Trap Gear Closed Area 44. Point North lat. West long. A ................ 25°10′00.011″ 80°16′06.000″ B ................ 25°10′00.011″ 80°16′17.000″ C ................ 25°10′09.995″ 80°16′17.000″ D ................ 25°10′09.995″ 80°16′06.000″ A ................ 25°10′00.011″ 80°16′06.000″ (45) Lobster Trap Gear Closed Area 45. Point North lat. West long. A ................ 25°10′29.002″ 80°15′52.995″ B ................ 25°10′29.002″ 80°16′04.002″ C ................ 25°10′37.997″ 80°16′04.002″ D ................ 25°10′37.997″ 80°15′52.995″ A ................ 25°10′29.002″ 80°15′52.995″ (46) Lobster Trap Gear Closed Area 46. Point North lat. West long. A ................ 25°11′05.998″ 80°14′25.997″ B ................ 25°11′05.998″ 80°14′38.000″ C ................ 25°11′20.006″ 80°14′38.000″ D ................ 25°11′20.006″ 80°14′25.997″ A ................ 25°11′05.998″ 80°14′25.997″ (47) Lobster Trap Gear Closed Area 47. Point North lat. West long. A ................ 25°12′00.998″ 80°13′24.996″ B ................ 25°11′43.008″ 80°13′35.000″ C ................ 25°11′48.007″ 80°13′44.002″ D ................ 25°12′06.011″ 80°13′33.998″ A ................ 25°12′00.998″ 80°13′24.996″ (48) Lobster Trap Gear Closed Area 48. Point North lat. West long. A ................ 25°12′18.343″ 80°14′32.768″ B ................ 25°12′02.001″ 80°14′44.001″ C ................ 25°12′07.659″ 80°14′52.234″ D ................ 25°12′24.001″ 80°14′41.001″ A ................ 25°12′18.343″ 80°14′32.768″ (49) Lobster Trap Gear Closed Area 49. Point North lat. West long. A ................ 25°15′23.998″ 80°12′29.000″ B ................ 25°15′04.676″ 80°12′36.120″ C ................ 25°15′09.812″ 80°12′50.066″ D ................ 25°15′29.148″ 80°12′42.946″ A ................ 25°15′23.998″ 80°12′29.000″ (50) Lobster Trap Gear Closed Area 50. Point North lat. West long. A ................ 25°16′01.997″ 80°12′32.996″ Point North lat. West long. B ................ 25°15′33.419″ 80°12′52.394″ C ................ 25°15′44.007″ 80°13′08.001″ D ................ 25°16′12.585″ 80°12′48.597″ A ................ 25°16′01.997″ 80°12′32.996″ (51) Lobster Trap Gear Closed Area 51. Point North lat. West long. A ................ 25°16′33.006″ 80°13′30.001″ B ................ 25°16′33.006″ 80°13′41.001″ C ................ 25°16′34.425″ 80°13′41.026″ D ................ 25°16′41.850″ 80°13′37.475″ E ................ 25°16′42.001″ 80°13′30.001″ A ................ 25°16′33.006″ 80°13′30.001″ (52) Lobster Trap Gear Closed Area 52. Point North lat. West long. A ................ 25°17′04.715″ 80°12′11.305″ B ................ 25°16′17.007″ 80°12′27.997″ C ................ 25°16′23.997″ 80°12′47.999″ D ................ 25°17′11.705″ 80°12′31.300″ A ................ 25°17′04.715″ 80°12′11.305″ (53) Lobster Trap Gear Closed Area 53. Point North lat. West long. A ................ 25°17′23.008″ 80°12′40.000″ B ................ 25°17′23.008″ 80°12′49.997″ C ................ 25°17′33.005″ 80°12′49.997″ D ................ 25°17′33.005″ 80°12′40.000″ A ................ 25°17′23.008″ 80°12′40.000″ (54) Lobster Trap Gear Closed Area 54. Point North lat. West long. A ................ 25°20′57.996″ 80°09′50.000″ B ................ 25°20′57.996″ 80°10′00.000″ C ................ 25°21′07.005″ 80°10′00.000″ D ................ 25°21′07.005″ 80°09′50.000″ A ................ 25°20′57.996″ 80°09′50.000″ (55) Lobster Trap Gear Closed Area 55. Point North lat. West long. A ................ 25°21′45.004″ 80°09′51.998″ B ................ 25°21′38.124″ 80°09′56.722″ C ................ 25°21′49.124″ 80°10′12.728″ D ................ 25°21′56.004″ 80°10′07.997″ A ................ 25°21′45.004″ 80°09′51.998″ (56) Lobster Trap Gear Closed Area 56. Point North lat. West long. A ................ 25°21′49.000″ 80°09′21.999″ B ................ 25°21′49.000″ 80°09′31.996″ C ................ 25°21′58.998″ 80°09′31.996″ D ................ 25°21′58.998″ 80°09′21.999″ 438 50 CFR Ch. VI (10–1–22 Edition) § 622.407 Point North lat. West long. A ................ 25°21′49.000″ 80°09′21.999″ (57) Lobster Trap Gear Closed Area 57. Point North lat. West long. A ................ 25°24′31.008″ 80°07′36.997″ B ................ 25°24′31.008″ 80°07′48.999″ C ................ 25°24′41.005″ 80°07′48.999″ D ................ 25°24′41.005″ 80°07′36.997″ A ................ 25°24′31.008″ 80°07′36.997″ (58) Lobster Trap Gear Closed Area 58. Point North lat. West long. A ................ 25°25′14.005″ 80°07′27.995″ B ................ 25°25′14.005″ 80°07′44.001″ C ................ 25°25′26.008″ 80°07′44.001″ D ................ 25°25′26.008″ 80°07′27.995″ A ................ 25°25′14.005″ 80°07′27.995″ (59) Lobster Trap Gear Closed Area 59. Point North lat. West long. A ................ 25°35′13.996″ 80°05′39.999″ B ................ 25°35′13.996″ 80°05′50.999″ C ................ 25°35′24.007″ 80°05′50.999″ D ................ 25°35′24.007″ 80°05′39.999″ A ................ 25°35′13.996″ 80°05′39.999″ (60) Lobster Trap Gear Closed Area 60. Point North lat. West long. A ................ 25°40′57.003″ 80°05′43.000″ B ................ 25°40′57.003″ 80°05′54.000″ C ................ 25°41′06.550″ 80°05′53.980″ D ................ 25°41′18.136″ 80°05′49.158″ E ................ 25°41′18.001″ 80°05′43.000″ A ................ 25°40′57.003″ 80°05′43.000″ (b) [Reserved] § 622.407 Minimum size limits and other harvest limitations. (a) Minimum size limits. (1) Except as provided in paragraph (c) of this sec tion— (i) No person may possess a spiny lob ster in or from the EEZ with a cara pace length of 3.0 inches (7.62 cm) or less; and (ii) A spiny lobster, harvested in the EEZ by means other than diving, with a carapace length of 3.0 inches (7.62 cm) or less must be returned immediately to the water unharmed. (2) No person may harvest or attempt to harvest a spiny lobster by diving in the EEZ unless he or she possesses, while in the water, a measuring device capable of measuring the carapace length. A spiny lobster captured by a diver must be measured in the water using such measuring device and, if the spiny lobster has a carapace length of 3.0 inches (7.62 cm) or less, it must be released unharmed immediately with out removal from the water. (3) Aboard a vessel authorized under paragraph (d) of this section to possess a separated spiny lobster tail, no per son may possess in or from the EEZ a separated spiny lobster tail with a tail length less than 5.5 inches (13.97 cm). (b) Berried lobsters. A berried (egg bearing) spiny lobster in or from the EEZ must be returned immediately to the water unharmed. If found in a trap in the EEZ, a berried spiny lobster may not be retained in the trap. A berried spiny lobster in or from the EEZ may not be stripped of its eggs or otherwise molested. The possession of a spiny lobster, or part thereof, in or from the EEZ from which eggs, swimmerettes, or pleopods have been removed or stripped is prohibited. (c) Undersized attractants. A live spiny lobster under the minimum size limit specified in paragraph (a)(1) of this sec tion that is harvested in the EEZ by a trap may be retained aboard the har vesting vessel for future use as an at tractant in a trap provided it is held in a live well aboard the vessel. The live well must provide a minimum of 3⁄4 gal lons (1.7 liters) of seawater per spiny lobster. An undersized spiny lobster so retained must be released to the water alive and unharmed immediately upon leaving the trap lines and prior to 1 hour after official sunset each day. No more than 50 undersized spiny lobsters plus 1 per trap aboard the vessel may be retained aboard for use as attractants. (d) Tail separation. (1) The possession aboard a fishing vessel of a separated spiny lobster tail in or from the EEZ, is authorized only when the possession is incidental to fishing exclusively in the EEZ on a trip of 48 hours or more and a valid Federal tail-separation per mit, and either a valid Federal vessel permit for spiny lobster or a valid Flor ida Saltwater Products License with a 439 Fishery Conservation and Management § 622.408 valid Florida Restricted Species En dorsement and a valid Crawfish En dorsement, as specified in § 622.400(a)(2), has been issued to and are on board the vessel. (2) Spiny lobster must be landed ei ther all whole or all tailed on a single fishing trip. [78 FR 22952, Apr. 17, 2013, as amended at 83 FR 29047, June 22, 2018] § 622.408 Bag/possession limits. (a) EEZ off the southern Atlantic states, other than Florida. The daily bag or pos session limit for spiny lobster in or from the EEZ off the southern Atlantic states, other than Florida, is two per person for commercial and recreational fishing, year-round. (b) EEZ off Florida and off the Gulf states, other than Florida—(1) Commercial and recreational fishing season. Except as specified in paragraphs (b)(3) and (4) of this section, during the commercial and recreational fishing season speci fied in § 622.403(b)(1), the daily bag or possession limit of spiny lobster in or from the EEZ off Florida and off the Gulf states, other than Florida, is six per person. (2) Special recreational fishing seasons. During the special recreational fishing seasons specified in § 622.403(b)(2), the daily bag or possession limit of spiny lobster— (i) In or from the EEZ off the Gulf states, other than Florida, is six per person; (ii) In or from the EEZ off Florida other than off Monroe County, Florida, is twelve per person; and (iii) In or from the EEZ off Monroe County, Florida, is six per person. (3) Exemption from the bag/possession limit. During the commercial and rec reational fishing season specified in § 622.403(b)(1), a person is exempt from the bag and possession limit specified in paragraph (b)(1) of this section, pro vided— (i) The harvest of spiny lobsters is by diving, or by the use of a bully net, hoop net, or spiny lobster trap; and (ii) The vessel from which the person is operating has on board the required licenses, certificates, or permits, as specified in § 622.400(a)(1). (4) Harvest by net or trawl. During the commercial and recreational fishing season specified in § 622.403(b)(1), aboard a vessel with the required licenses, cer tificates, or permits specified in § 622.400(a)(1) that harvests spiny lob ster by net or trawl or has on board a net or trawl, the possession of spiny lobster in or from the EEZ off Florida and off the Gulf states, other than Florida, may not exceed at any time 5 percent, whole weight, of the total whole weight of all fish lawfully in pos session on board such vessel. If such vessel lawfully possesses a separated spiny lobster tail, the possession of spiny lobster in or from the EEZ may not exceed at any time 1.6 percent, by weight of the spiny lobster or parts thereof, of the total whole weight of all fish lawfully in possession on board such vessel. For the purposes of this paragraph (b)(4), the term ‘‘net or trawl’’ does not include a hand-held net, a loading or dip net, a bully net, or a hoop net. (5) Harvest by diving. (i) The commer cial daily harvest and possession limit of spiny lobster harvested by diving in or from the EEZ off Broward, Miami Dade, Monroe, Collier, and Lee Coun ties, Florida, is 250 spiny lobster per vessel. (ii) Diving at night. The provisions of paragraph (b)(3) of this section not withstanding, a person who harvests spiny lobster in the EEZ by diving at night, that is, from 1 hour after official sunset to 1 hour before official sunrise, is limited to the bag limit specified in paragraph (b)(1) of this section, wheth er or not a Federal vessel permit speci fied in § 622.400(a)(1) has been issued to and is on board the vessel from which the diver is operating. (6) Harvest by bully nets in the EEZ off Florida. The commercial daily harvest and possession limit of spiny lobster harvested by bully net in the EEZ off Florida is 250 spiny lobsters per vessel. (c) Combination of bag/possession limits. A person who fishes for or possesses spiny lobster in or from the EEZ under a bag or possession limit specified in paragraph (a) or (b) of this section may not combine the bag or possession lim its of those paragraphs or combine such bag or possession limit with a bag or possession limit applicable to state waters. 440 50 CFR Ch. VI (10–1–22 Edition) § 622.409 (d) Responsibility for bag/possession limits. The operator of a vessel that fishes for or possesses spiny lobster in or from the EEZ is responsible for the cumulative bag or possession limit specified in paragraphs (a) and (b) of this section applicable to that vessel, based on the number of persons aboard. (e) Transfer at sea. A person who fishes for or possesses spiny lobster in or from the EEZ under a bag or posses sion limit specified in paragraph (a) or (b) of this section may not transfer a spiny lobster at sea from a fishing ves sel to any other vessel, and no person may receive at sea such spiny lobster. [78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37152, July 31, 2019] § 622.409 Spiny lobster import prohibi tions. (a) Minimum size limits for imported spiny lobster. There are two minimum size limits that apply to importation of spiny lobster into the United States— one that applies any place subject to the jurisdiction of the United States other than Puerto Rico or the U.S. Vir gin Islands, and a more restrictive min imum size limit that applies to Puerto Rico and the U.S. Virgin Islands. (1) No person may import a spiny lob ster with less than a 5-ounce (142-gram) tail weight into any place subject to the jurisdiction of the United States excluding Puerto Rico and the U.S. Virgin Islands. For the purposes of paragraph (a) of this section, a 5-ounce (142-gram) tail weight is defined as a tail that weighs 4.2–5.4 ounces (119–153 grams). If the documentation accom panying an imported spiny lobster (in cluding but not limited to product packaging, customs entry forms, bills of lading, brokerage forms, or commer cial invoices) indicates that the prod uct does not satisfy the minimum tail weight requirement, the person import ing such spiny lobster has the burden to prove that such spiny lobster actu ally does satisfy the minimum tail weight requirement or that such spiny lobster has a tail length of 5.5 inches (13.97 cm) or greater or that such spiny lobster has or had a carapace length of greater than 3.0 inches (7.62 cm). If the imported product itself does not satisfy the minimum tail-weight requirement, the person importing such spiny lob ster has the burden to prove that such spiny lobster has a tail length of 5.5 inches (13.97 cm) or greater or that such spiny lobster has or had a cara pace length of greater than 3.0 inches (7.62 cm). If the burden is satisfied, such spiny lobster will be considered to be in compliance with the minimum 5 ounce (142-gram) tail-weight require ment. (2) See § 622.458 regarding a more re strictive minimum size limit that ap plies to spiny lobster imported into Puerto Rico or the U.S. Virgin Islands. (b) Additional spiny lobster import pro hibitions—(1) Prohibition related to tail meat. No person may import into any place subject to the jurisdiction of the United States spiny lobster tail meat that is not in whole tail form with the exoskeleton attached. (2) Prohibitions related to egg-bearing spiny lobster. No person may import into any place subject to the jurisdic tion of the United States spiny lobster with eggs attached or spiny lobster from which eggs or pleopods (swimmerets) have been removed or stripped. Pleopods (swimmerets) are the first five pairs of abdominal ap pendages. EFFECTIVE DATE NOTE: At 87 FR 56217, Sept. 13, 2022, § 622.409 was amended by revis ing paragraphs (a) introductory text and (a)(2), effective Oct. 13, 2022. For the conven ience of the user, the revised text is set forth as follows: § 622.409 Spiny lobster import prohibitions. (a) Minimum size limits for imported spiny lobster. Multiple minimum size limits apply to the importation of spiny lobster into the United States—one that applies any place subject to the jurisdiction of the United States other than Puerto Rico or the U.S. Virgin Islands, and more restrictive min imum size limits that apply to Puerto Rico, St. Croix, and St. Thomas and St. John, re spectively. * * * * * (2) See subparts S, T, and U of this part for the more restrictive minimum size limits that apply to spiny lobster imported into Puerto Rico, St. Croix, and St. Thomas and St. John, respectively. * * * * * 441 Fishery Conservation and Management § 622.413 § 622.410 Restrictions within the Tortugas marine reserves. The following activities are prohib ited within the Tortugas marine re serves: Fishing for any species and an choring by fishing vessels. (a) EEZ portion of Tortugas North. The area is bounded by rhumb lines con necting the following points: From point A at 24°40′00″ N. lat., 83°06′00″ W. long. to point B at 24°46′00″ N. lat., 83°06′00″ W. long. to point C at 24°46′00″ N. lat., 83°00′00″ W. long.; thence along the line denoting the seaward limit of Florida’s waters, as shown on the cur rent edition of NOAA chart 11438, to point A at 24°40′00″ N. lat., 83°06′00″ W. long. (b) Tortugas South. The area is bound ed by rhumb lines connecting, in order, the following points: Point North lat. West long. A ................ 24°33′00″ 83°09′00″ B ................ 24°33′00″ 83°05′00″ C ................ 24°18′00″ 83°05′00″ D ................ 24°18′00″ 83°09′00″ A ................ 24°33′00″ 83°09′00″ § 622.411 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs). For recreational and commercial spiny lobster landings combined, the ACL is 9.60 million lb (4.35 million kg), whole weight. The ACT is 8.64 million lb, (3.92 million kg) whole weight. [83 FR 29047, June 22, 2018] § 622.412 Adjustment of management measures. In accordance with the framework procedures of the Fishery Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic, the RA may establish or modify the following items: (a) Reporting and monitoring re quirements, permitting requirements, bag and possession limits, size limits, vessel trip limits, closed seasons, closed areas, reopening of sectors that have been prematurely closed, annual catch limits (ACLs), annual catch tar gets (ACTs), quotas, accountability measures (AMs), maximum sustainable yield (or proxy), optimum yield, total allowable catch (TAC), management parameters such as overfished and overfishing definitions, gear restric tions, gear markings and identifica tion, vessel identification require ments, acceptable biological catch (ABC) and ABC control rule, rebuilding plans, and restrictions relative to con ditions of harvested fish (such as tail ing lobster, undersized attractants, and use as bait). (b) [Reserved] [78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37152, July 31, 2019] § 622.413 Incorporation by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under U.S.C. 552(a) and 1 CFR part 51. These materials are incor porated as they exist on the date of ap proval and a notice of any change in these materials will be published in the FEDERAL REGISTER. This incorporation by reference was approved by the Di rector of the Office of the Federal Reg ister in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of approval and a notice of any change in these materials will be published in the FEDERAL REGISTER. All material incorporated by reference is available for inspection at the NMFS, Office of Sustainable Fisheries, Office of the RA, 1315 East-West Highway, Silver Spring, MD; and the National Archives and Records Administration (NARA), Office of the Federal Register, 800 North Cap itol Street NW., Suite 700, Washington, DC. For more information on the avail ability of this material at NARA, call 202–741–6030 or go to http:// www.archives.gov/federal-register/cfr/ibr locations.html. (b) Florida Administrative Code (F.A.C.): Florida Fish and Wildlife Con servation Commission, 620 South Me ridian Street, Tallahassee, FL 32399; telephone: 850–487–0554; http:// www.flrules.org. (1) F.A.C., Chapter 68B–12: King mackerel resource renewal, Rule 68B– 12.004: Bag limits, in effect as of July 15, 1996, IBR approved for § 622.382(a). (2) F.A.C., Chapter 68B–24: Spiny lob ster (crawfish) and slipper lobster, Rule 68B–24.002: Definitions, amended May 1, 2017, IBR approved for § 622.400(a). 442 50 CFR Ch. VI (10–1–22 Edition) § 622.414 (3) F.A.C., Chapter 68B–24: Spiny lob ster (crawfish) and slipper lobster, Rule 68B–24.005: Seasons, amended November 1, 2018, IBR approved for § 622.403(b). (4) F.A.C., Chapter 68B–24: Spiny lob ster (crawfish) and slipper lobster, Rule 68B–24.006: Gear: Traps, Buoys, Identi fication Requirements, Prohibited De vices, amended May 1, 2017, IBR ap proved for § 622.402(a), § 622.404(f), and § 622.405(b). (5) F.A.C., Chapter 68B–24: Spiny lob ster (crawfish) and slipper lobster, Rule 68B–24.007: Other Prohibitions, amend ed May 1, 2017, IBR approved for § 622.404(e). (6) F.A.C., Chapter 68B–38: Shrimping and trapping: Closed areas and seasons, Rule 68B–38.001: Citrus-Hernando Shrimping and Trapping Closed Areas and Seasons, in effect as of March 1, 2005, IBR approved for § 622.55(e). (7) F.A.C., Chapter 68B–55: Trap re trieval and trap debris removal, Rule 68B–55.002: Retrieval of Trap Debris, in effect as of October 15, 2007, IBR ap proved for § 622.402(c), § 622.403(b), and § 622.450(c). (8) F.A.C., Chapter 68B–55: Trap re trieval and trap debris removal, Rule 68B–55.004: Retrieval of Derelict and Traps Located in Areas Permanently Closed to Trapping, in effect as of Octo ber 15, 2007, IBR approved for § 622.402(c), § 622.403(b), and § 622.450(c). (c) Florida Statute: Florida Fish and Wildlife Commission, 620 South Merid ian Street, Tallahassee, FL 32399; tele phone: 850–487–0554; http:// www.leg.state.fl.us/statutes/. (1) Florida Statutes, Chapter 379: Fish and Wildlife Conservation, Part VII: Nonrecreational Licenses, Section 379.367: Spiny lobster; regulation, 379.367, in effect as of July 1, 2008, IBR approved for § 622.402(a). (2) [Reserved] [78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37152, July 31, 2019] EFFECTIVE DATE NOTE: At 87 FR 56216, Sept. 13, 2022, § 622.413 was redesignated as § 622.19 and the new § 622.19 was amended by revising paragraphs (a), (b)(7) and (8), effec tive Oct. 13, 2022. For the convenience of the user the revised text is set forth as follows: § 622.19 Incorporation by reference. (a) Certain material is incorporated by ref erence into this part with the approval of the Director of the Federal Register in accord ance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that speci fied in this section, NMFS must publish a document in the FEDERAL REGISTER and the material must be available to the public. All approved material is available for inspection at NMFS and at the National Archives and Records Administration (NARA). Contact NMFS at: NMFS, Office of Sustainable Fish eries, 1315 East-West Highway, Silver Spring, MD; 301–427–8500; www.fisheries.noaa.gov/ about/office-sustainable-fisheries. For informa tion on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-lo cations.html. The material may be obtained from the source(s) in paragraphs (b) and (c) of this section. (b) * * * (7) F.A.C., Chapter 68B–55: Trap retrieval and trap debris removal, Rule 68B–55.002: Re trieval of Trap Debris, in effect as of October 15, 2007, IBR approved for §§ 622.402(c) and 622.403(b). (8) F.A.C., Chapter 68B–55: Trap retrieval and trap debris removal, Rule 68B–55.004: Re trieval of Derelict and Traps Located in Areas Permanently Closed to Trapping, in ef fect as of October 15, 2007, IBR approved for §§ 622.402(c) and 622.403(b). * * * * * § 622.414 [Reserved] § 622.415 Limited exemption regarding harvest in waters of a foreign na tion. (a) An owner or operator of a vessel that has legally harvested spiny lob sters in the waters of a foreign nation and possesses spiny lobster, or sepa rated tails, in the EEZ incidental to such foreign harvesting is exempt from the requirements of this subpart, ex cept for § 622.409 with which such an owner or operator must comply, pro vided proof of lawful harvest in the waters of a foreign nation accompanies such lobsters or tails. (b) [Reserved] [84 FR 37153, July 31, 2019] § 622.416 Restrictions on sale/pur chase. (a) Spiny lobster harvested in or from the EEZ or adjoining state waters by a vessel that has a valid Federal com mercial vessel permit for spiny lobster, as required under § 622.400(a)(1), or a valid Federal tail-separation permit for spiny lobster, as required under 443 Fishery Conservation and Management § 622.431 § 622.400(a)(2), may be sold or trans ferred only to a dealer who has a valid Gulf and South Atlantic dealer permit, as required under § 622.400(a)(5). (b) Spiny lobster harvested in or from the EEZ may be first received by a dealer who has a valid Gulf and South Atlantic dealer permit, as required under § 622.400(a)(5), only from a vessel that has a valid Federal commercial vessel permit for spiny lobster or a valid Federal tail-separation permit for spiny lobster. [79 FR 19497, Apr. 9, 2014] Subpart S—Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands EFFECTIVE DATE NOTE: At 87 FR 56217, Sept. 13, 2022, subpart S was revised, effec tive Oct. 13, 2022. For the conveniece of the user the user, the new subpart follows the text of this subpart. § 622.430 Gear identification. (a) Fish traps and associated buoys. A fish trap used or possessed in the Carib bean EEZ must display the official number specified for the vessel by Puerto Rico or the U.S. Virgin Islands so as to be easily identified. Traps used in the Caribbean reef fish fishery that are fished individually, rather than tied together in a trap line, must have at least one buoy attached that floats on the surface. Traps used in the Carib bean reef fish fishery that are tied to gether in a trap line must have at least one buoy that floats at the surface at tached at each end of the trap line. Each buoy must display the official number and color code assigned to the vessel by Puerto Rico or the U.S. Vir gin Islands, whichever is applicable, so as to be easily distinguished, located, and identified. (b) Presumption of ownership of fish traps. A fish trap in the EEZ will be presumed to be the property of the most recently documented owner. This presumption will not apply with re spect to such traps that are lost or sold if the owner reports the loss or sale within 15 days to the RA. (c) Disposition of unmarked fish traps or buoys. An unmarked fish trap or a buoy deployed in the EEZ where such trap or buoy is required to be marked is illegal and may be disposed of in any appropriate manner by the Assistant Administrator or an authorized officer. § 622.431 Trap construction specifica tions and tending restrictions. (a) Construction specifications—(1) Minimum mesh size. A bare-wire fish trap used or possessed in the EEZ that has hexagonal mesh openings must have a minimum mesh size of 1.5 inches (3.8 cm) in the smallest dimension measured between centers of opposite strands. A bare-wire fish trap used or possessed in the EEZ that has other than hexagonal mesh openings or a fish trap of other than bare wire, such as coated wire or plastic, used or pos sessed in the EEZ, must have a min imum mesh size of 2.0 inches (5.1 cm) in the smallest dimension measured be tween centers of opposite strands. (2) Escape mechanisms. A fish trap used or possessed in the Caribbean EEZ must have a panel located on one side of the trap, excluding the top, bottom, and side containing the trap entrance. The opening covered by the panel must measure not less than 8 by 8 inches (20.3 by 20.3 cm). The mesh size of the panel may not be smaller than the mesh size of the trap. The panel must be attached to the trap with untreated jute twine with a diameter not exceed ing 1⁄8 inch (3.2 mm). An access door may serve as the panel, provided it is on an appropriate side, it is hinged only at its bottom, its only other fas tening is untreated jute twine with a diameter not exceeding 1⁄8 inch (3.2 mm), and such fastening is at the top of the door so that the door will fall open when such twine degrades. Jute twine used to secure a panel may not be wrapped or overlapped. (b) Tending restrictions. A fish trap in the Caribbean EEZ may be pulled or tended only by a person (other than an authorized officer) aboard the fish trap owner’s vessel, or aboard another ves sel if such vessel has on board written consent of the trap owner, or if the trap owner is aboard and has docu mentation verifying his identification number and color code. An owner’s written consent must specify the time period such consent is effective and the