50 CFR § 622.20-622.43 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic - Reef Fish Resources of the Gulf of Mexico

262 50 CFR Ch. VI (10–1–22 Edition) § 622.14 and possession limit, as specified in subpart R. (pp) Fail to comply with any provi sion related to the Offshore Marine Aquaculture program in the Gulf of Mexico as specified in this part. (qq) Falsify any information required to be submitted regarding the Offshore Marine Aquaculture program in the Gulf of Mexico as specified in this part. (rr) Land allowable aquaculture spe cies cultured in the Gulf at non-U.S. ports, unless first landed at a U.S. port. (ss) Fail to comply with any other re quirement or restriction specified in this part or violate any provision(s) in this part. [78 FR 57535, Sept. 19, 2013, as amended at 78 FR 78781, Dec. 27, 2013; 79 FR 6099, Feb. 3, 2014; 79 FR 19494, Apr. 9, 2014; 81 FR 1792, Jan. 13, 2016; 85 FR 10339, Feb. 24, 2020] § 622.14 [Reserved] § 622.15 Notice regarding area closures to protect corals. See §§ 622.74 and 622.224, respectively, regarding coral protective restrictions in the Gulf EEZ and South Atlantic EEZ that apply broadly to multiple fisheries and gear types. § 622.16 Notice regarding South Atlan tic special management zones (SMZs). See §§ 622.182(a) and 622.382(a)(1)(v), respectively, regarding fishing and gear restrictions in South Atlantic SMZs that apply to snapper-grouper and coastal migratory pelagic fisheries and broadly to gear types of multiple fish eries. § 622.17 Notice regarding seasonal/ area closures to protect Gulf reef fish. See § 622.34, paragraphs (a)(1) and (a)(3) through (6), regarding Gulf reef fish protective restrictions in the Gulf EEZ that apply broadly to multiple Gulf fisheries and gear types. Subpart B—Reef Fish Resources of the Gulf of Mexico § 622.20 Permits and endorsements. (a) Commercial vessels—(1) Commercial vessel permits. For a person aboard a vessel to be eligible for exemption from the bag limits, to fish under a quota, as specified in § 622.39, or to sell Gulf reef fish or Florida Keys/East Florida hogfish in or from the Gulf EEZ, a commercial vessel permit for Gulf reef fish must have been issued to the ves sel and must be on board. If Federal regulations for Gulf reef fish in sub parts A or B of this part are more re strictive than state regulations, a per son aboard a vessel for which a com mercial vessel permit for Gulf reef fish has been issued must comply with such Federal regulations regardless of where the fish are harvested. See paragraph (a)(1)(i) of this section regarding a lim ited access system for commercial ves sel permits for Gulf reef fish. See §§ 622.21(b)(1) and 622.22(b)(1), respec tively, regarding an IFQ vessel account required to fish for, possess, or land Gulf red snapper or Gulf groupers and tilefishes, and paragraph (a)(2) of this section regarding an additional bottom longline endorsement required to fish for Gulf reef fish with bottom longline gear in a portion of the eastern Gulf. (i) Limited access system for commercial vessel permits for Gulf reef fish. (A) No applications for additional commercial vessel permits for Gulf reef fish will be accepted. Existing vessel permits may be renewed, are subject to the restric tion on transfer in paragraph (a)(1)(i)(B) of this section, and are sub ject to the requirement for timely re newal in paragraph (a)(1)(i)(C) of this section. An application for renewal or transfer of a commercial vessel permit for Gulf reef fish will not be considered complete until proof of purchase, in stallation, activation, and operational status of an approved VMS for the ves sel receiving the permit has been verified by NMFS VMS personnel. (B) An owner of a permitted vessel may transfer the commercial vessel permit for Gulf reef fish to another ves sel owned by the same entity. A permit holder may also transfer the commer cial vessel permit for Gulf reef fish to the owner of another vessel or to a new vessel owner when he or she transfers ownership of the permitted vessel. (C) A commercial vessel permit for Gulf reef fish that is not renewed or that is revoked will not be reissued. A permit is considered to be not renewed when an application for renewal is not 263 Fishery Conservation and Management § 622.20 received by the RA within 1 year of the expiration date of the permit. (ii) Option to consolidate commercial vessel permits for Gulf reef fish. A person who has been issued multiple commer cial vessel permits for Gulf reef fish and wants to consolidate some or all of those permits, and the landings his tories associated with those permits, into one permit must submit a com pleted permit consolidation application to the RA. The permits consolidated must be valid, non-expired permits and must be issued to the same entity. The application form and instructions are available online at https:// www.fisheries.noaa.gov/southeast/re sources-fishing/permits-applications-and forms-southeast. (2) Commercial vessel endorsements—(i) Eastern Gulf reef fish bottom longline en dorsement. For a person aboard a vessel, for which a valid commercial vessel permit for Gulf reef fish has been issued, to use a bottom longline for Gulf reef fish in the Gulf EEZ east of 85°30′ W. long., a valid eastern Gulf reef fish bottom longline endorsement must have been issued to the vessel and must be on board. A permit or endorsement that has expired is not valid. This en dorsement must be renewed annually and may only be renewed if the associ ated vessel has a valid commercial ves sel permit for Gulf reef fish or if the endorsement and associated permit are being concurrently renewed. The RA will not reissue this endorsement if the endorsement is revoked or if the RA does not receive a complete application for renewal of the endorsement within 1 year after the endorsement’s expira tion date. (A) Transferability. An owner of a ves sel with a valid eastern Gulf reef fish bottom longline endorsement may transfer that endorsement to an owner of a vessel that has a valid commercial vessel permit for Gulf reef fish. (B) Fees. A fee is charged for each re newal, transfer, or replacement of an eastern Gulf reef fish bottom longline endorsement. The amount of each fee is calculated in accordance with the pro cedures of the NOAA Finance Hand book, available from the RA, for deter mining the administrative costs of each special product or service. The fee may not exceed such costs and is speci fied with each application form. The appropriate fee must accompany each application for renewal, transfer, or re placement. (ii) [Reserved] (b) Charter vessel/headboat permits. For a person aboard a vessel that is oper ating as a charter vessel or headboat to fish for or possess Gulf reef fish, in or from the EEZ, a valid charter vessel/ headboat permit for Gulf reef fish must have been issued to the vessel and must be on board. For a person aboard a ves sel that is operating as a charter vessel or headboat to fish for or possess Flor ida Keys/East Florida hogfish in or from the Gulf EEZ, a valid charter ves sel/headboat permit for Gulf reef fish must have been issued to the vessel and must be on board. (1) Limited access system for charter vessel/headboat permits for Gulf reef fish. No applications for additional charter vessel/headboat permits for Gulf reef fish will be accepted. Existing permits may be renewed, are subject to the re strictions on transfer in paragraph (b)(1)(i) of this section, and are subject to the renewal requirements in para graph (b)(1)(ii) of this section. An eligi ble charter vessel/headboat permit with a historical captain endorsement may be converted to a charter vessel/ headboat permit without a historical captain endorsement, per the procedure in paragraph (b)(1)(v) of this section. (i) Transfer of permits—(A) Permits without a historical captain endorsement. A charter vessel/headboat permit for Gulf reef fish that does not have a his torical captain endorsement is fully transferable, with or without sale of the permitted vessel. (B) Permits with a historical captain endorsement. A charter vessel/headboat permit for Gulf reef fish that has a his torical captain endorsement may only be transferred to a vessel operated by the historical captain and is not other wise transferable. (C) Procedure for permit transfer. To request that the RA transfer a charter vessel/headboat permit for Gulf reef fish, the owner of the vessel who is transferring the permit and the owner of the vessel that is to receive the transferred permit must complete the transfer information on the reverse 264 50 CFR Ch. VI (10–1–22 Edition) § 622.20 side of the permit and return the per mit and a completed application for transfer to the RA. See § 622.4(f) for ad ditional transfer-related requirements applicable to all permits issued under this part. (ii) Renewal. (A) Renewal of a charter vessel/headboat permit for Gulf reef fish is contingent upon the permitted vessel and/or captain, as appropriate, being included in an active survey frame for, and, if selected to report, providing the information required in one of the approved fishing data sur veys. Surveys include, but are not lim ited to— (1) NMFS’ Marine Recreational Fish ing Vessel Directory Telephone Survey (conducted by the Gulf States Marine Fisheries Commission); (2) Charter vessel and headboat rec ordkeeping and reporting requirements specified in § 622.26(b); (3) Texas Parks and Wildlife Marine Recreational Fishing Survey; or (4) A data collection system that re places one or more of the surveys in paragraph (b)(1)(ii)(A),(1),(2), or (3) of this section. (B) A charter vessel/headboat permit for Gulf reef fish that is not renewed or that is revoked will not be reissued. A permit is considered to be not renewed when an application for renewal, as re quired, is not received by the RA with in 1 year of the expiration date of the permit. (iii) Requirement to display a vessel decal. Upon renewal or transfer of a charter vessel/headboat permit for Gulf reef fish, the RA will issue the owner of the permitted vessel a vessel decal for Gulf reef fish. The vessel decal must be displayed on the port side of the deck house or hull and must be maintained so that it is clearly visible. (iv) Passenger capacity compliance re quirement. A vessel operating as a char ter vessel or headboat with a valid charter vessel/headboat permit for Gulf reef fish, which is carrying more pas sengers on board the vessel than is specified on the permit, is prohibited from harvesting or possessing the spe cies identified on the permit. (v) Procedure for conversion of permit with historical captain endorsement. A charter vessel/headboat permit with a historical captain endorsement that was valid or renewable on October 25, 2018, may be converted to a charter vessel/headboat permit for Gulf reef fish without a historical captain en dorsement. A charter vessel/headboat permit with a historical captain en dorsement that is converted to a char ter vessel/headboat permit without a historical captain endorsement will re tain the same vessel permit maximum passenger capacity as the permit it re places. To convert an eligible charter vessel/headboat permit with a histor ical captain endorsement, the permit holder must submit a permit applica tion to the RA by May 23, 2022. If no ap plication to convert an eligible charter vessel/headboat permit with a histor ical captain endorsement is submitted by May 23, 2022, the permit holder will retain a charter vessel/headboat permit with the historical captain endorse ment that is subject to the restrictions described in paragraph (b)(1)(i)(B) of this section. (2) A charter vessel or headboat may have both a charter vessel/headboat permit and a commercial vessel per mit. However, when a vessel is oper ating as a charter vessel or headboat, a person aboard must adhere to the bag limits. See the definitions of ‘‘Charter vessel’’ and ‘‘Headboat’’ in § 622.2 for an explanation of when vessels are consid ered to be operating as a charter vessel or headboat, respectively. (3) If Federal regulations for Gulf reef fish in subparts A or B of this part are more restrictive than state regula tions, a person aboard a charter vessel or headboat for which a charter vessel/ headboat permit for Gulf reef fish has been issued must comply with such Federal regulations regardless of where the fish are harvested. (c) Dealer permits and conditions—(1) Permits. For a dealer to first receive Gulf reef fish harvested in or from the EEZ, a Gulf and South Atlantic dealer permit must be issued to the dealer. (2) State license and facility require ments. To obtain a dealer permit or en dorsement, 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 physical facility at a fixed loca tion in such state(s). 265 Fishery Conservation and Management § 622.21 (d) Permit procedures. See § 622.4 for information regarding general permit procedures including, but not limited to application, fees, duration, transfer, renewal, display, sanctions and denials, and replacement. [78 FR 22952, Apr. 17, 2013, as amended 78 FR 46293, July 31, 2013; 79 FR 19494, Apr. 9, 2014; 82 FR 34580, July 25, 2017; 85 FR 22045, Apr. 21, 2020; 85 FR 44017, July 21, 2020; 86 FR 72856, Dec. 23, 2021] § 622.21 Individual fishing quota (IFQ) program for Gulf red snapper. (a) General. This section establishes an IFQ program for the commercial red snapper component of the Gulf reef fish fishery. Shares determine the amount of Gulf red snapper IFQ allocation, in pounds gutted weight, a shareholder is initially authorized to possess, land, or sell in a given calendar year. As of Jan uary 1, 2012, IFQ shares and allocation can only be transferred to U.S. citizens and permanent resident aliens. See paragraph (b)(11) of this section regard ing eligibility to participate in the Gulf red snapper IFQ program as of January 1, 2012. Shares and annual IFQ allocation are transferable. See para graph (b)(1) of this section regarding a requirement for a vessel landing red snapper subject to this IFQ program to have a Gulf red snapper IFQ vessel ac count. See paragraph (b)(2) of this sec tion regarding a requirement for a Gulf IFQ dealer endorsement. Details re garding eligibility, applicable landings history, account setup and transaction requirements, constraints on transfer ability, and other provisions of this IFQ system are provided in the fol lowing paragraphs of this section. (1) Scope. The provisions of this sec tion regarding the harvest and posses sion of Gulf IFQ red snapper apply to Gulf red snapper in or from the Gulf EEZ and, for a person aboard a vessel with a Gulf red snapper IFQ vessel ac count as required by paragraph (b)(1) of this section or for a person with a Gulf IFQ dealer endorsement as required by paragraph (b)(2) of this section, these provisions apply to Gulf red snapper re gardless of where harvested or pos sessed. (2) Duration. The IFQ program estab lished by this section will remain in ef fect until it is modified or terminated; however, the program will be evaluated by the Gulf of Mexico Fishery Manage ment Council every 5 years. (3) Electronic system requirements. (i) The administrative functions associ ated with this IFQ program, e.g., reg istration and account setup, landing transactions, and transfers, are de signed to be accomplished online; therefore, a participant must have ac cess to a computer and Internet access and must set up an appropriate IFQ ac count to participate The computer must have current, up-to-date browser software installed, which may be downloaded from the internet for free. Assistance with online functions is available from IFQ Customer Service by calling 1–866–425–7627 Monday through Friday between 8 a.m. and 4:30 p.m. eastern time. (ii) The RA mailed initial share holders and dealers with Gulf reef fish dealer permits information and in structions pertinent to setting up an IFQ account. Other eligible persons who desire to become IFQ participants by purchasing IFQ shares or allocation or by obtaining a Gulf red snapper IFQ dealer endorsement must first contact IFQ Customer Service at 1–866–425–7627 to obtain information necessary to set up the required IFQ account. As of Jan uary 1, 2012, all U.S. citizens and per manent resident aliens are eligible to establish an IFQ account. As of Janu ary 1, 2012, all current IFQ participants must complete and submit the applica tion for an IFQ Account to certify their citizenship status and ensure their account information (e.g., mail ing address, corporate shareholdings, etc.) is up to date. See § 622.21(b)(11) re garding requirements for the applica tion for an IFQ Account. Each IFQ par ticipant must monitor his/her online account and all associated messages and comply with all IFQ online report ing requirements. (iii) During catastrophic conditions only, the IFQ program provides for use of paper-based components for basic re quired functions as a backup. The RA will determine when catastrophic con ditions exist, the duration of the cata strophic conditions, and which partici pants or geographic areas are deemed 266 50 CFR Ch. VI (10–1–22 Edition) § 622.21 affected by the catastrophic condi tions. The RA will provide timely no tice to affected participants via publi cation of notification in the FEDERAL REGISTER, NOAA weather radio, fishery bulletins, and other appropriate means and will authorize the affected partici pants’ use of paper-based components for the duration of the catastrophic conditions. NMFS will provide each IFQ dealer the necessary paper forms and instructions for submission of the forms to the RA. The paper forms will also be available from the RA. The pro gram functions available to partici pants or geographic areas deemed af fected by catastrophic conditions will be limited under the paper-based sys tem. There will be no mechanism for transfers of IFQ shares or allocation under the paper-based system in effect during catastrophic conditions. Assist ance in complying with the require ments of the paper-based system will be available via IFQ Customer Service 1–866–425–7627 Monday through Friday between 8 a.m. and 4:30 p.m. eastern time. (4) IFQ allocation. IFQ allocation is the amount of Gulf red snapper, in pounds gutted weight, an IFQ share holder or allocation holder is author ized to possess, land, or sell during a given fishing year. IFQ allocation is de rived at the beginning of each year by multiplying a shareholder’s IFQ share times the annual commercial quota for Gulf red snapper. If the quota is in creased after the beginning of the fish ing year, then IFQ allocation is derived by multiplying a shareholder’s IFQ share at the time of the quota increase by the amount the annual commercial quota for red snapper is increased. If a reduction in the commercial quota specified in § 622.39(a)(1)(i) is expected to occur after January 1, the beginning of the fishing year, but before June 1 in that same fishing year, NMFS will withhold distribution of IFQ allocation on January 1 in the amount equal to that reduction. If a final rule to imple ment the commercial quota reduction is not published in the FEDERAL REG ISTER and effective by June 1, NMFS will distribute withheld IFQ allocation of red snapper commercial quota to current shareholders based on shareholdings on the date the withheld IFQ allocation is distributed. (5) Closing an IFQ account. IFQ ac count holders may close an IFQ ac count by completing and submitting a Close IFQ Account Request Form to NMFS. This form must be signed by an account holder named on the IFQ ac count. If the request to close an IFQ account is being made because the sole account holder is deceased, the person requesting the closure must sign the Close IFQ Account Request Form, indi cating the relationship to the deceased, provide a death certificate, and provide any additional information NMFS de termines is necessary to complete the request. IFQ shareholder accounts may not be closed until all shares and allo cation have been transferred from the account to another IFQ account holder. Dealer accounts may not be closed until all cost recovery fees have been received by NMFS. NMFS’ IFQ Cus tomer Service staff may close an IFQ account if all shares and allocation have been transferred from the ac count, all cost recovery fees have been received by NMFS, and no landing transactions or IFQ transfers have been completed by the IFQ account holder in at least 1 year. If an account is closed by NMFS’ IFQ Customer Serv ice staff, it may be reopened at the re quest of the IFQ account holder by con tacting IFQ Customer Service. (6) Returning IFQ shares. Any shares contained in IFQ accounts that have never been activated since January 1, 2010, in the IFQ program are returned permanently to NMFS on July 12, 2018. (b) IFQ operations and requirements— (1) IFQ vessel accounts for Gulf red snap per. For a person aboard a vessel, for which a commercial vessel permit for Gulf reef fish has been issued, to fish for, possess, or land Gulf red snapper, regardless of where harvested or pos sessed, a Gulf IFQ vessel account for Gulf red snapper must have been estab lished. As a condition of the IFQ vessel account, a person aboard such vessel must comply with the requirements of this section, § 622.21, when fishing for red snapper regardless of where the fish are harvested or possessed. An owner of a vessel with a commercial vessel per mit for Gulf reef fish, who has estab lished an IFQ account for Gulf red 267 Fishery Conservation and Management § 622.21 snapper as specified in paragraph (a)(3)(i) of this section, online via the NMFS IFQ website https:// secatchshares.fisheries.noaa.gov/, may es tablish a vessel account through that IFQ account for that permitted vessel. If such owner does not have an online IFQ account, the owner must first con tact IFQ Customer Service at 1–866–425– 7627 to obtain information necessary to access the IFQ Web site and establish an online IFQ account. There is no fee to set-up an IFQ account or a vessel ac count. Only one vessel account may be established per vessel under each IFQ program. An owner with multiple ves sels may establish multiple vessel ac counts under each IFQ account. The purpose of the vessel account is to hold IFQ allocation that is required to land the applicable IFQ species. A vessel ac count, or its linked IFQ shareholder ac count, must hold sufficient IFQ alloca tion, at least equal to the pounds in gutted weight of the red snapper on board at the time of advance notice of landing. Allocation must be transferred to the vessel account, so that the ves sel account holds sufficient IFQ alloca tion at the time of the landing trans action (except for any overage allowed as specified in paragraph (b)(3)(ii) of this section). The vessel account re mains valid as long as the vessel per mit remains valid; the vessel has not been sold or transferred; and the vessel owner is in compliance with all Gulf reef fish and IFQ reporting require ments, has paid all applicable IFQ fees, and is not subject to sanctions under 15 CFR part 904. The vessel account is not transferable to another vessel. The pro visions of this paragraph do not apply to fishing for or possession of Gulf red snapper under the bag limit specified in § 622.38(b)3). (2) Gulf IFQ dealer endorsements. In addition to the requirement for a Gulf and South Atlantic dealer permit as specified in § 622.20(c)(1), for a dealer to first receive red snapper subject to the IFQ program for Gulf red snapper, as specified in paragraph (a)(1) of this sec tion, or for a person aboard a vessel with a Gulf IFQ vessel account to sell such red snapper directly to an entity other than a dealer, such persons must also have a Gulf IFQ dealer endorse ment. A dealer with a Gulf and South Atlantic dealer permit can download a Gulf IFQ dealer endorsement from the NMFS IFQ Web site. If such persons do not have an IFQ account, they must first contact IFQ Customer Service at 1–866–425–7627 to obtain information necessary to access the IFQ Web site and establish an IFQ account. There is no fee for obtaining this endorsement. The endorsement remains valid as long as the Gulf and South Atlantic dealer permit remains valid and the dealer is in compliance with all Gulf reef fish and IFQ reporting requirements, has paid all IFQ fees required, and is not subject to any sanctions under 15 CFR part 904. The endorsement is not trans ferable. (3) IFQ Landing and transaction re quirements. (i) At the time of advance notice of landing, the IFQ vessel ac count, or its linked IFQ shareholder ac count, must contain allocation at least equal to the pounds in gutted weight of red snapper to be landed, except as pro vided in paragraph (b)(3)(ii) of this sec tion. At the time of the landing trans action, the IFQ vessel account must contain allocation at least equal to the pounds in gutted weight of red snapper to be landed, except as provided in paragraph (b)(3)(ii) of this section. Such red snapper must be sold and can be received only by a dealer who has a valid Gulf IFQ dealer endorsement and an active IFQ dealer account (i.e., not in delinquent status). All IFQ landings and their actual ex-vessel prices must be reported via the IFQ Web site. (ii) A person on board a vessel with an IFQ vessel account landing the shareholder’s only remaining alloca tion, can legally exceed, by up to 10 percent, the shareholder’s allocation remaining on that last fishing trip of the fishing year, i.e., a one-time per fishing year overage. Any such overage will be deducted from the shareholder’s applicable allocation for the subse quent fishing year. From the time of the overage until January 1 of the sub sequent fishing year, the IFQ share holder must retain sufficient shares to account for the allocation that will be deducted the subsequent fishing year. Share transfers that would violate this requirement will be prohibited. (iii) The dealer must complete a landing transaction report for each 268 50 CFR Ch. VI (10–1–22 Edition) § 622.21 landing of Gulf red snapper via the IFQ Web site on the day of offload, except if the fish are being trailered for trans port to a dealer as specified in para graph (b)(5)(iv) of this section (in which case the landing transaction report may be completed prior to the day of offload), and within 96 hours from the time of landing reported on the most recent landing notification, in accord ance with the reporting form(s) and in structions provided on the Web site. This report includes date, time, and lo cation of transaction; weight and ac tual ex-vessel price of red snapper land ed and sold (when calculating the weight of IFQ red snapper during a landing transaction, ice and water weight may not be deducted from the weight of the fish unless the actual weight of the ice and water can be de termined); and information necessary to identify the fisherman, vessel, and dealer involved in the transaction. The fisherman must validate the dealer transaction report by entering his unique PIN when the transaction re port is submitted. After the dealer sub mits the report and the information has been verified, the Web site will send a transaction approval code to the dealer and the allocation holder. (iv) If there is a discrepancy regard ing the landing transaction report after approval, the dealer or vessel ac count holder (or his or her authorized agent) must initiate a landing trans action correction form to correct the landing transaction. This form is avail able via the IFQ Web site. The dealer must then print out the form, both par ties must sign it, and the form must be mailed to NMFS. The form must be re ceived by NMFS no later than 15 days after the date of the initial landing transaction. (4) IFQ cost recovery fees. As required by section 304(d)(2)(A)(i) of the Magnu son-Stevens Act, the RA will collect a fee to recover the actual costs directly related to the management and en forcement of the Gulf red snapper IFQ program. The fee cannot exceed 3 per cent of the ex-vessel value of Gulf red snapper landed under the IFQ program as described in the Magnuson-Stevens Act. Such fees will be deposited in the Limited Access System Administration Fund (LASAF). Initially, the fee will be 3 percent of the actual ex-vessel price of Gulf red snapper landed per trip under the IFQ program, as docu mented in each landings transaction report. The RA will review the cost re covery fee annually to determine if ad justment is warranted. Factors consid ered in the review include the catch subject to the IFQ cost recovery, pro jected ex-vessel value of the catch, costs directly related to the manage ment and enforcement of the IFQ pro gram, the projected IFQ balance in the LASAF, and expected non-payment of fee liabilities. If the RA determines that a fee adjustment is warranted, the RA will publish a notification of the fee adjustment in the FEDERAL REG ISTER. (i) Payment responsibility. The IFQ al location holder specified in the docu mented red snapper IFQ landing trans action report is responsible for pay ment of the applicable cost recovery fees. (ii) Collection and submission responsi bility. A dealer who receives Gulf red snapper subject to the IFQ program is responsible for collecting the applica ble cost recovery fee for each IFQ land ing from the IFQ allocation holder specified in the IFQ landing trans action report. Such dealer is respon sible for submitting all applicable cost recovery fees to NMFS on a quarterly basis. The fees are due and must be submitted, using pay.gov via the IFQ system at the end of each calendar year quarter, but no later than 30 days after the end of each calendar-year quarter. Fees not received by the dead line are delinquent. (iii) Fee payment procedure. For each IFQ dealer, the IFQ system will post, on individual message boards, an end of-quarter statement of cost recovery fees that are due. The dealer is respon sible for submitting the cost recovery fee payments using pay.gov via the IFQ system. Authorized payments methods are credit card, debit card, or auto mated clearing house (ACH). Payment by check will be authorized only if the RA has determined that the geo graphical area or an individual(s) is af fected by catastrophic conditions. (iv) Fee reconciliation process—delin quent fees. The following procedures 269 Fishery Conservation and Management § 622.21 apply to an IFQ dealer whose cost re covery fees are delinquent. (A) On or about the 31st day after the end of each calendar-year quarter, the RA will send the dealer an electronic message via the IFQ Web site and offi cial notice via mail indicating the ap plicable fees are delinquent, and the dealer’s IFQ account has been sus pended pending payment of the appli cable fees. (B) On or about the 91st day after the end of each calendar-year quarter, the RA will refer any delinquent IFQ deal er cost recovery fees to the appropriate authorities for collection of payment. (5) Measures to enhance IFQ program enforceability—(i) Advance notice of landing—(A) General requirement. For the purpose of this paragraph, landing means to arrive at a dock, berth, beach, seawall, or ramp. The owner or operator of a vessel landing IFQ red snapper is responsible for ensuring that NMFS is contacted at least 3 hours, but no more than 24 hours, in advance of landing to report the time and loca tion of landing, estimated red snapper landings in pounds gutted weight, ves sel identification number (Coast Guard registration number or state registra tion number), and the name and ad dress of the IFQ dealer(s) where the red snapper are to be received. The vessel must land within 1 hour after the time given in the landing notification ex cept as provided in paragraph (b)(5)(i)(C) of this section. The vessel landing red snapper must have suffi cient IFQ allocation in the IFQ vessel account, or its linked IFQ shareholder account, at least equal to the pounds in gutted weight of all red snapper on board (except for any overage up to the 10 percent allowed on the last fishing trip) at the time of the advance notice of landing. (B) Submitting an advanced landing no tification. Authorized methods for con tacting NMFS and submitting the re port include calling IFQ Customer Service at 1–866–425–7627, completing and submitting to NMFS a landing no tification provided through the VMS unit, or providing the required infor mation to NMFS through the web based form available on the IFQ Web site. (C) Landing prior to the notification time. The owner or operator of a vessel that has completed a landing notifica tion and submitted it to NMFS may land prior to the notification time, only if an authorized officer is present at the landing site, is available to meet the vessel, and has authorized the owner or operator of the vessel to land early. (D) Changes to a landing notification. The owner or operator of a vessel who has submitted a landing notification to NMFS may make changes to the notifi cation by submitting a superseding no tification. If the initial superseding no tification makes changes to one or more of the following: the time of land ing (if landing more than 1 hour after the time on the notification), the deal er(s), or the estimated weights of fish to be landed, the vessel does not need to wait an additional 3 hours to land. If the initial superseding notification makes changes to the landing location, the time of landing is earlier than pre viously specified, or more than one su perseding notification is submitted on a trip, the vessel must wait an addi tional 3 hours to land, except as pro vided in paragraph (b)(5)(i)(C) of this section. (ii) Time restriction on offloading. For the purpose of this paragraph, off loading means to remove IFQ red snap per from a vessel. IFQ red snapper may be offloaded only between 6 a.m. and 6 p.m., local time, unless an authorized officer is present at the offloading at 6 p.m., is available to remain at the site while offloading continues, and author izes the owner or operator of the vessel to continue offloading after 6 p.m., local time. (iii) Restrictions on transfer of IFQ red snapper. At-sea or dockside transfer of IFQ red snapper from one vessel to an other vessel is prohibited. (iv) Requirement for transaction ap proval code. If IFQ red snapper are offloaded to a vehicle for transport or are on a vessel that is trailered for transport, on-site capability to accu rately weigh the fish and to connect electronically to the online IFQ system to complete the transaction and obtain the transaction approval code is re quired. After a landing transaction has been completed, a transaction approval 270 50 CFR Ch. VI (10–1–22 Edition) § 622.21 code verifying a legal transaction of the amount of IFQ red snapper in pos session and a copy of the dealer en dorsement must accompany any IFQ red snapper from the landing location through possession by a dealer. This re quirement also applies to IFQ red snap per possessed on a vessel that is trailered for transport. A dealer may only receive IFQ red snapper trans ported by a vehicle or a trailered vessel that has a corresponding transaction approval code. (v) Approved landing locations. IFQ red snapper must be landed at an approved landing location. Landing locations must be approved by NMFS Office for Law Enforcement prior to a vessel landing IFQ red snapper at these sites. Proposed landing locations may be sub mitted online via the IFQ Web site, or by calling IFQ Customer Service at 1– 866–425–7627, at any time; however, new landing locations will be approved only at the end of each calendar-year quar ter. To have a landing location ap proved by the end of the calendar-year quarter, it must be submitted at least 45 days before the end of the calendar year quarter. NMFS will evaluate the proposed sites based on, but not lim ited to, the following criteria: (A) Landing locations must have a street address. If there is no street ad dress on record for a particular landing location, global positioning system (GPS) coordinates for an identifiable geographic location must be provided. (B) Landing locations must be pub licly accessible by land and water, and must satisfy the following criteria: (1) Vehicles must have access to the site via public roads; (2) Vessels must have access to the site via navigable waters; (3) No other condition may impede free and immediate access to the site by an authorized law enforcement offi cer. Examples of such conditions in clude, but are not limited to: A locked gate, fence, wall, or other barrier pre venting 24-hour access to the site; a gated community entry point; a guard animal; a posted sign restricting access to the site; or any other physical deter rent. (6) Transfer of IFQ shares and alloca tion. Until January 1, 2012, IFQ shares and allocations can be transferred only to a person who holds a valid commer cial vessel permit for Gulf reef fish; thereafter, IFQ shares and allocations can be transferred only to a U.S. cit izen or permanent resident alien. How ever, a valid commercial permit for Gulf reef fish, a Gulf red snapper IFQ vessel account, and Gulf red snapper IFQ allocation are required to possess (at and after the time of the advance notice of landing), land or sell Gulf red snapper subject to this IFQ program. (i) Share transfers. Share transfers are permanent, i.e., they remain in effect until subsequently transferred. Trans fer of shares will result in the cor responding allocation being automati cally transferred to the person receiv ing the transferred share beginning with the fishing year following the year the transfer occurred. However, within the fishing year the share trans fer occurs, transfer of shares and asso ciated allocation are independent—un less the associated allocation is trans ferred separately, it remains with the transferor for the duration of that fish ing year. A share transfer transaction that remains in pending status, i.e., has not been completed and verified with a transaction approval code, after 30 days from the date the shareholder ini tiated the transfer will be cancelled, and the pending shares will be re-cred ited to the shareholder who initiated the transfer. (ii) Share transfer procedures. Share transfers must be accomplished online via the IFQ Web site. An IFQ share holder must initiate a share transfer request by logging onto the IFQ Web site. Following the instructions pro vided on the IFQ Web site, the share holder must enter pertinent informa tion regarding the transfer request in cluding, but not limited to, amount of shares to be transferred, which must be a minimum of 0.000001 percent; name of the eligible transferee; and the value of the transferred shares. An IFQ share holder who is subject to a sanction under 15 CFR part 904 is prohibited from initiating a share transfer. An IFQ shareholder who is subject to a pending sanction under 15 CFR part 904 must disclose in writing to the prospec tive transferee the existence of any pending sanction at the time of the transfer. For the first 5 years this IFQ 271 Fishery Conservation and Management § 622.21 program is in effect, an eligible trans feree is a person who has a valid com mercial vessel permit for Gulf reef fish; is in compliance with all reporting re quirements for the Gulf reef fish fish ery and the red snapper IFQ program; is not subject to sanctions under 15 CFR part 904; and who would not be in violation of the share cap as specified in paragraph (b)(8) of this section. Thereafter, share transferee eligibility will only include U.S. citizens and per manent resident aliens who are other wise in compliance with the provisions of this section. The online system will verify the transfer information en tered. If the information is not accept ed, the online system will send the shareholder an electronic message ex plaining the reason(s) why the transfer request cannot be completed. If the in formation is accepted, the online sys tem will send the transferee an elec tronic message of the pending transfer. The transferee must approve the share transfer by electronic signature. If the transferee approves the share transfer, the online system will send a trans action approval code to both the trans feror and transferee confirming the transaction. All share transfers must be completed and the transaction ap proval code received prior to December 31 at 6 p.m. eastern time each year. (iii) Allocation transfers. An allocation transfer is valid only for the remainder of the fishing year in which it occurs; it does not carry over to the subse quent fishing year. Any allocation that is unused at the end of the fishing year is void. Allocation may be transferred to a vessel account from any IFQ ac count. Allocation held in a vessel ac count, however, may only be trans ferred back to the IFQ account through which the vessel account was estab lished. (iv) Allocation transfer procedures. Al location transfers must be accom plished online via the IFQ Web site. An IFQ account holder must initiate an al location transfer by logging onto the IFQ Web site, entering the required in formation, including but not limited to, name of an eligible transferee and amount of IFQ allocation to be trans ferred and price, and submitting the transfer electronically. An IFQ alloca tion holder who is subject to a sanction under 15 CFR part 904 is prohibited from initiating an allocation transfer. An IFQ allocation holder who is sub ject to a pending sanction under 15 CFR part 904 must disclose in writing to the prospective transferee the exist ence of any pending sanction at the time of the transfer. If the transfer is approved, the online system will pro vide a transaction approval code to the transferor and transferee confirming the transaction. (7) Restricted transactions during the 20-hour online maintenance window. All electronic IFQ transactions must be completed by December 31 at 6 p.m. eastern time each year. Electronic IFQ functions will resume again on Janu ary 1 at 2 p.m. eastern time the fol lowing fishing year. The remaining 6 hours prior to the end of the fishing year, and the 14 hours at the beginning of the next fishing year, are necessary to provide NMFS time to reconcile IFQ accounts, adjust allocations for the up coming year if the commercial quotas for Gulf red snapper have changed, and update shares and allocations for the upcoming fishing year. No electronic IFQ transactions will be available dur ing these 20 hours. An advance notice of landing may still be submitted dur ing the 20-hour maintenance window by using the vessel’s VMS unit or calling IFQ Customer Service at 1–866–425–7627. (8) IFQ share cap. No person, includ ing a corporation or other entity, may individually or collectively hold IFQ shares in excess of 6.0203 percent of the total shares. For the purposes of con sidering the share cap, a corporation’s total IFQ share is determined by add ing the applicable IFQ shares held by the corporation and any other IFQ shares held by a corporation(s) owned by the original corporation prorated based on the level of ownership. An in dividual’s total IFQ share is deter mined by adding the applicable IFQ shares held by the individual and the applicable IFQ shares equivalent to the corporate share the individual holds in a corporation. Initially, a corporation must provide the RA the identity of the shareholders of the corporation and their percent of shares in the corpora tion, and provide updated information to the RA within 30 days of when changes occur. This information must 272 50 CFR Ch. VI (10–1–22 Edition) § 622.21 also be provided to the RA any time a commercial vessel permit for Gulf reef fish is renewed or transferred and at the time of renewal of the application for an IFQ Account. (9) Redistribution of shares resulting from permanent revocation. If a share holder’s IFQ shares have been perma nently revoked, the RA will redis tribute the IFQ shares held by that shareholder proportionately among re maining shareholders (subject to cap restrictions) based upon the amount of shares each held just prior to the redis tribution. During December of each year, the RA will determine the amount of revoked shares, if any, to be redistributed, and the shares will be distributed at the beginning of the sub sequent fishing year. (10) Annual recalculation and notifica tion of IFQ shares and allocation. On or about January 1 each year, IFQ share holders will be notified, via the IFQ Web site, of their IFQ share and alloca tion for the upcoming fishing year. These updated share values will reflect the results of applicable share transfers and any redistribution of shares (sub ject to cap restrictions) resulting from permanent revocation of applicable shares. Updated allocation values will reflect any change in IFQ share, any change in the annual commercial quota for Gulf red snapper, and any debits re quired as a result of prior fishing year overages as specified in paragraph (b)(3)(ii) of this section. IFQ partici pants can monitor the status of their shares and allocation throughout the year via the IFQ Web site. (11) Eligibility to participate in the Gulf red snapper IFQ program as of January 1, 2012. The provisions of paragraph (b)(11) of this section apply to all eligible par ticipants for the Gulf red snapper IFQ program beginning January 1, 2012. In addition to eligible participants who already participate in the Gulf red snapper IFQ program, as of January 1, 2012, all U.S. citizens and permanent resident aliens who are in compliance with the provisions of this section are eligible and may participate in the Gulf red snapper IFQ program as share holders and allocation holders. The re quirements to meet the definition of a U.S. citizen are described in the Immi gration and Nationality Act of 1952, as amended, and permanent resident aliens are those individuals who have been lawfully accorded the privilege of residing permanently in the U.S. in ac cordance with U.S. immigration laws. In order to harvest and possess Gulf IFQ red snapper, the requirements for a Gulf red snapper IFQ vessel account, as specified in paragraph (b)(1) of this sec tion, or a Gulf IFQ dealer endorsement, as specified in paragraph (b)(2) of this section apply. (i) Gulf red snapper IFQ program par ticipation for current red snapper IFQ ac count holders. A current participant in the red snapper IFQ program must complete and submit the application for an IFQ Account that is available on the website https:// secatchshares.fisheries.noaa.gov, to cer tify status as a U.S. citizen or perma nent resident alien. The IFQ account holder must also complete and submit any other information on this form that may be necessary for the adminis tration of the IFQ account. A person with an established IFQ account must update and confirm the account infor mation every 2 years. IFQ accounts are updated through the submission of the application for an IFQ Account. Ac counts must be updated prior to the ac count validity date (expiration date of the account) that is displayed on each account holder’s IFQ account page. The RA will provide each participant who has established an online account, with an application approximately 2 months prior to the account validity date. A participant who is not provided an ap plication at least 45 days prior to the account validity date must contact IFQ Customer Service at 1–866–425–7627 and request an application. Failure to submit a completed application prior to the account validity date will lead to the suspension of the participant’s IFQ account until a completed applica tion is submitted. After January 1, 2012, participants who certify that they are either not U.S. citizens or perma nent resident aliens will be ineligible to receive shares or allocation through transfer. (ii) Gulf red snapper IFQ program par ticipation for entities that do not cur rently possess an IFQ account. The fol lowing procedures apply to U.S citizens or permanent resident aliens who are 273 Fishery Conservation and Management § 622.22 not otherwise described in either para graphs (a) or (b)(11)(i) of this section. (A) To establish an IFQ account, a person must first complete the applica tion for an IFQ Account that is avail able on the website https:// secatchshares.fisheries.noaa.gov. An ap plicant for an IFQ account under this paragraph must provide the following; (1) Name; address; telephone number; date of birth; tax identification num ber; certification of status as either a U.S. citizen or permanent resident alien; and if a corporation, a list of all officers, directors, shareholders, and registered agents of the business; and other identifying information as speci fied on the application. (2) Any other information that may be necessary for the establishment or administration of the IFQ account. (B) Completed applications and all required supporting documentation must be submitted to the RA. There is no fee to access the Web site or estab lish an IFQ account. An applicant that submits an incomplete application will be contacted by the RA to correct any deficiencies. If an applicant fails to correct the deficiency within 30 days of being notified of the deficient applica tion, the application will be considered abandoned. (C) After an applicant submits a com pleted application for an IFQ account, the RA will mail the applicant general instructions regarding procedures re lated to the IFQ online system, includ ing how to set up an online account and a user identification number—the personal identification number (PIN) will be provided in a subsequent letter. (D) A participant who has established an IFQ account must notify the RA within 30 days after there is any change in the information submitted through the application for an IFQ Ac count. The IFQ account is void if any change in the application information is not reported within 30 days. (E) A person who has established an IFQ account must update and confirm the account information every 2 years. IFQ accounts are updated through the submission of the application for an IFQ Account. Accounts must be up dated prior to the account validity date (expiration date of the account) that is displayed on each account hold er’s IFQ account page. The RA will mail each participant who has estab lished an online account an application approximately 2 months prior to the Account Validity Date. A participant who does not receive an application at least 45 days prior to the Account Va lidity Date must contact IFQ Customer Service at 1–866–425–7627 and request an application. Failure to submit a com pleted application prior to the account validity date will lead to the suspen sion of the IFQ account until a com pleted application is submitted. (F) For information regarding trans fer of IFQ shares and allocation, the IFQ share cap, and the annual recal culation and notification of IFQ shares and allocation, see paragraphs (b)(6), (b)(8), and (b)(10) of this section, re spectively. (G) Participation in the Gulf red snapper IFQ program beyond transfer ring IFQ shares and allocation is ex plained in paragraphs (a) through (b)(10) of this section. [78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19494, Apr. 9, 2014; 79 FR 57834, Sept. 26, 2014; 80 FR 24834, May 1, 2015; 83 FR 27299, June 12, 2018; 86 FR 11154, Feb. 24, 2021; 86 FR 72857, Dec. 23, 2021] § 622.22 Individual fishing quota (IFQ) program for Gulf groupers and tilefishes. (a) General. This section establishes an IFQ program for the commercial sectors of the Gulf reef fish fishery for groupers (including DWG, red grouper, gag, and Other SWG) and tilefishes (in cluding goldface tilefish, blueline tilefish, and tilefish). For the purposes of this IFQ program, DWG includes yellowedge grouper, warsaw grouper, snowy grouper, speckled hind, and scamp, but only as specified in para graph (a)(7) of this section. For the purposes of this IFQ program, Other SWG includes black grouper, scamp, yellowfin grouper, yellowmouth group er, warsaw grouper, and speckled hind, but only as specified in paragraph (a)(6) of this section. Under the IFQ program, the RA initially will assign eligible participants IFQ shares, in five share categories. These IFQ shares are equiv alent to a percentage of the annual commercial quotas for DWG, red group er, gag, Other SWG, and tilefishes, 274 50 CFR Ch. VI (10–1–22 Edition) § 622.22 based on their applicable historical landings. Shares determine the amount of IFQ allocation for Gulf groupers and tilefishes, in pounds gutted weight, a shareholder is initially authorized to possess, land, or sell in a given cal endar year. Shares and annual IFQ al location are transferable. See para graph (b)(1) of this section regarding a requirement for a vessel landing groupers or tilefishes subject to this IFQ program to have an IFQ vessel ac count for Gulf groupers and tilefishes. See paragraph (b)(2) of this section re garding a requirement for a Gulf IFQ dealer endorsement. Details regarding eligibility, applicable landings history, account setup and transaction require ments, constraints on transferability, and other provisions of this IFQ system are provided in the following para graphs of this section. (1) Scope. The provisions of this sec tion apply to Gulf groupers and tilefishes in or from the Gulf EEZ and, for a person aboard a vessel with an IFQ vessel account for Gulf groupers and tilefishes as required by paragraph (b)(1) of this section or for a person with a Gulf IFQ dealer endorsement as required by paragraph (b)(2) of this sec tion, these provisions apply to Gulf groupers and tilefishes regardless of where harvested or possessed. (2) Duration. The IFQ program estab lished by this section will remain in ef fect until it is modified or terminated; however, the program will be evaluated by the Gulf of Mexico Fishery Manage ment Council every 5 years. (3) Electronic system requirements. (i) The administrative functions associ ated with this IFQ program, e.g., reg istration and account setup, landing transactions, and transfers, are de signed to be accomplished online; therefore, a participant must have ac cess to a computer and Internet access and must set up an appropriate IFQ ac count to participate. The computer must have current, up-to-date browser software installed, which may be downloaded from the internet for free. Assistance with online functions is available from IFQ Customer Service by calling 1–866–425–7627 Monday through Friday between 8 a.m. and 4:30 p.m. eastern time. (ii) The RA will mail initial share holders and dealers with Gulf reef fish dealer permits information and in structions pertinent to setting up an IFQ account. Other eligible persons who desire to become IFQ participants by purchasing IFQ shares or allocation or by obtaining a Gulf IFQ dealer en dorsement must first contact IFQ Cus tomer Service at 1–866–425–7627 to ob tain information necessary to set up the required IFQ account. All current IFQ participants must complete and submit the application for an IFQ Ac count to certify their citizenship sta tus and ensure their account informa tion (e.g., mailing address, corporate shareholdings, etc.) is up to date. See paragraph (b)(11) of this section regard ing requirements for the application for an IFQ Account. Each IFQ partici pant must monitor his/her online ac count and all associated messages and comply with all IFQ online reporting requirements. (iii) During catastrophic conditions only, the IFQ program provides for use of paper-based components for basic re quired functions as a backup. The RA will determine when catastrophic con ditions exist, the duration of the cata strophic conditions, and which partici pants or geographic areas are deemed affected by the catastrophic condi tions. The RA will provide timely no tice to affected participants via publi cation of notification in the FEDERAL REGISTER, NOAA weather radio, fishery bulletins, and other appropriate means and will authorize the affected partici pants’ use of paper-based components for the duration of the catastrophic conditions. NMFS will provide each IFQ dealer the necessary paper forms and instructions for submission of the forms to the RA. The paper forms will also be available from the RA. The pro gram functions available to partici pants or geographic areas deemed af fected by catastrophic conditions will be limited under the paper-based sys tem. There will be no mechanism for transfers of IFQ shares or allocation under the paper-based system in effect during catastrophic conditions. Assist ance in complying with the require ments of the paper-based system will be available via IFQ Customer Service 1–866–425–7627 Monday through Friday 275 Fishery Conservation and Management § 622.22 between 8 a.m. and 4:30 p.m. eastern time. (4) IFQ allocation. IFQ allocation is the amount of Gulf groupers and tilefishes, in pounds gutted weight, an IFQ shareholder or allocation holder is authorized to possess, land, or sell dur ing a given fishing year. IFQ allocation is derived at the beginning of each year by multiplying a shareholder’s IFQ share times the annual commercial quota for Gulf groupers and tilefishes. If the quota is increased after the be ginning of the fishing year, then IFQ allocation is derived by multiplying a shareholder’s IFQ share at the time of the quota increase by the amount the annual commercial quota for groupers and tilefishes is increased. If a reduc tion in the applicable commercial quota specified in § 622.39(a)(1) is ex pected to occur after January 1, the be ginning of the fishing year, but before June 1 in that same fishing year, NMFS will withhold distribution of IFQ allocation of the applicable groupers and tilefishes commercial quota on January 1 in the amount equal to that reduction. If a final rule to implement the commercial quota re duction is not published in the FED ERAL REGISTER and effective by June 1, NMFS will distribute withheld IFQ al location of the applicable groupers and tilefishes commercial quota to current shareholders based on the date the withheld IFQ allocation is distributed. (5) Red grouper and gag multi-use allo cation—(i) Red grouper multi-use alloca tion. (A) At the time the commercial quota for red grouper is distributed to IFQ shareholders, a percentage of each shareholder’s initial red grouper allo cation will be converted to red grouper multi-use allocation. Red grouper multi-use allocation, determined annu ally, will be based on the following for mula: Red Grouper multi-use allocation (in percent) = 100 * [Gag ACL ¥ Gag commercial quota]/Red grouper commercial quota (B) Red grouper multi-use allocation may be used to possess, land, or sell ei ther red grouper or gag under certain conditions. Red grouper multi-use allo cation may be used to possess, land, or sell red grouper only after an IFQ ac count holder’s (shareholder or alloca tion holder’s) red grouper allocation has been landed and sold, or trans ferred; and to possess, land, or sell gag, only after both gag and gag multi-use allocation have been landed and sold, or transferred. However, if gag is under a rebuilding plan, the percentage of red grouper multi-use allocation is equal to zero. (ii) Gag multi-use allocation. (A) At the time the commercial quota for gag is distributed to IFQ shareholders, a percentage of each shareholder’s initial gag allocation will be converted to gag multi-use allocation. Gag multi-use al location, determined annually, will be based on the following formula: Gag multi-use allocation (in percent) = 100 * [Red grouper ACL ¥ Red grouper commercial quota]/Gag commercial quota (B) Gag multi-use allocation may be used to possess, land, or sell either gag or red grouper under certain condi tions. Gag multi-use allocation may be used to possess, land, or sell gag only after an IFQ account holder’s (share holder or allocation holder’s) gag allo cation has been landed and sold, or transferred; and to possess, land, or sell red grouper, only after both red group er and red grouper multi-use allocation have been landed and sold, or trans ferred. Multi-use allocation transfer procedures and restrictions are speci fied in paragraph (b)(6)(iv) of this sec tion. However, if red grouper is under a rebuilding plan, the percentage of gag multi-use allocation is equal to zero. (6) Warsaw grouper and speckled hind classification. Warsaw grouper and speckled hind are considered DWG spe cies and under certain circumstances SWG species. For the purposes of the IFQ program for Gulf groupers and tilefishes, after all of an IFQ account holder’s DWG allocation has been land ed and sold, or transferred, or if an IFQ account holder has no DWG allocation, then Other SWG allocation may be used to land and sell warsaw grouper and speckled hind. (7) Scamp classification. Scamp is con sidered a SWG species and under cer tain circumstances a DWG. For the purposes of the IFQ program for Gulf groupers and tilefishes, after all of an IFQ account holder’s Other SWG allo cation has been landed and sold, or 276 50 CFR Ch. VI (10–1–22 Edition) § 622.22 transferred, or if an IFQ account holder has no SWG allocation, then DWG allo cation may be used to land and sell scamp. (8) Closing an IFQ account. IFQ ac count holders may close an IFQ ac count by completing and submitting a Close IFQ Account Request Form to NMFS. This form must be signed by an account holder named on the IFQ ac count. If the request to close an IFQ account is being made because the sole account holder is deceased, the person requesting the closure must sign the Close IFQ Account Request Form, indi cating the relationship to the deceased, provide a death certificate, and provide any additional information NMFS de termines is necessary to complete the request. IFQ shareholder accounts may not be closed until all shares and allo cation have been transferred from the account to another IFQ account holder. Dealer accounts may not be closed until all cost recovery fees have been received by NMFS. NMFS’ IFQ Cus tomer Service staff may close an IFQ account if all shares and allocation have been transferred from the ac count, all cost recovery fees have been received by NMFS, and no landing transactions or IFQ transfers have been completed by the IFQ account holder in at least 1 year. If an account is closed by NMFS’ IFQ Customer Serv ice staff, it may be reopened at the re quest of the IFQ account holder by con tacting IFQ Customer Service. (9) Returning IFQ shares. Any shares contained in IFQ accounts that have never been activated since January 1, 2010, in the IFQ program are returned permanently to NMFS on July 12, 2018. (b) IFQ operations and requirements— (1) IFQ vessel accounts for Gulf groupers and tilefishes. For a person aboard a vessel, for which a commercial vessel permit for Gulf reef fish has been issued, to fish for, possess, or land Gulf groupers (including DWG and SWG, as specified in paragraph (a) of this sec tion or tilefishes (including goldface tilefish, blueline tilefish, and tilefish), regardless of where harvested or pos sessed, a Gulf IFQ vessel account for the applicable species or species groups must have been established. As a condi tion of the IFQ vessel account, a person aboard such vessel must comply with the requirements of this section, § 622.22, when fishing for groupers or tilefishes regardless of where the fish are harvested or possessed. An owner of a vessel with a commercial vessel per mit for Gulf reef fish, who has estab lished an IFQ account for the applica ble species, as specified in paragraph (a)(3)(i) of this section, online via the NMFS IFQ website https:// secatchshares.fisheries.noaa.gov, may es tablish a vessel account through that IFQ account for that permitted vessel. If such owner does not have an online IFQ account, the owner must first con tact IFQ Customer Service at 1–866–425– 7627 to obtain information necessary to access the IFQ Web site and establish an online IFQ account. There is no fee to set-up an IFQ account or a vessel ac count. Only one vessel account may be established per vessel under each IFQ program. An owner with multiple ves sels may establish multiple vessel ac counts under each IFQ account. The purpose of the vessel account is to hold IFQ allocation that is required to land the applicable IFQ species. A vessel ac count, or its linked IFQ shareholder ac count, must hold sufficient IFQ alloca tion in the appropriate share category, at least equal to the pounds in gutted weight of the groupers and tilefishes on board at the time of advance notice of landing. Allocation must be transferred to the vessel account, so that the ves sel account holds sufficient IFQ alloca tion at the time of the landing trans action (except for any overage allowed as specified in paragraph (b)(3)(ii) for groupers and tilefishes). The vessel ac count remains valid as long as the ves sel permit remains valid; the vessel has not been sold or transferred; and the vessel owner is in compliance with all Gulf reef fish and IFQ reporting re quirements, has paid all applicable IFQ fees, and is not subject to sanctions under 15 CFR part 904. The vessel ac count is not transferable to another vessel. The provisions of this paragraph do not apply to fishing for or posses sion of Gulf groupers and tilefishes under the bag limit specified in § 622.38(b)(2) and (5) respectively. (2) Gulf IFQ dealer endorsements. In addition to the requirement for a Gulf and South Atlantic dealer permit as specified in § 622.20(c)(1), for a dealer to 277 Fishery Conservation and Management § 622.22 first receive groupers and tilefishes subject to the IFQ program for groupers and tilefishes, as specified in paragraph (a)(1) of this section, or for a person aboard a vessel with a Gulf IFQ vessel account to sell such groupers and tilefishes directly to an entity other than a dealer, such persons must also have a Gulf IFQ dealer endorse ment. A dealer with a Gulf and South Atlantic dealer permit can download a Gulf IFQ dealer endorsement from the NMFS IFQ Web site. If such persons do not have an IFQ account, they must first contact IFQ Customer Service at 1–866–425–7627 to obtain information necessary to access the IFQ Web site and establish an IFQ account. There is no fee for obtaining this endorsement. The endorsement remains valid as long as the Gulf and South Atlantic dealer permit remains valid and the dealer is in compliance with all Gulf reef fish and IFQ reporting requirements, has paid all IFQ fees required, and is not subject to any sanctions under 15 CFR part 904. The endorsement is not trans ferable. (3) IFQ Landing and transaction re quirements. (i) At the time of advance notice of landing, the IFQ vessel ac count, or its linked IFQ shareholder ac count, must contain allocation at least equal to the pounds in gutted weight of grouper or tilefish species to be landed, except as provided in paragraph (b)(3)(ii) of this section. At the time of the landing transaction, the IFQ vessel account must contain allocation at least equal to the pounds in gutted weight of grouper or tilefish species to be landed, except as provided in para graph (b)(3)(ii) of this section. Such groupers and tilefishes must be sold and can be received only by a dealer who has a valid Gulf IFQ dealer en dorsement and an active IFQ dealer ac count (i.e., not in delinquent status). All IFQ landings and their actual ex vessel prices must be reported via the IFQ Web site. (ii) A person on board a vessel with an IFQ vessel account landing the shareholder’s only remaining alloca tion from among any of the grouper or tilefish share categories, can legally exceed, by up to 10 percent, the share holder’s allocation remaining on that last fishing trip of the fishing year, i.e. a one-time per fishing year overage. Any such overage will be deducted from the shareholder’s applicable allo cation for the subsequent fishing year. From the time of the overage until January 1 of the subsequent fishing year, the IFQ shareholder must retain sufficient shares to account for the al location that will be deducted the sub sequent fishing year. Share transfers that would violate this requirement will be prohibited. (iii) The dealer must complete a landing transaction report for each landing of Gulf groupers or tilefishes via the IFQ Web site on the day of off load, except if the fish are being trailered for transport to a dealer as specified in paragraph (b)(5)(iv) of this section (in which case the landing transaction report may be completed prior to the day of offload), and within 96 hours from the time of landing re ported on the most recent landing noti fication, in accordance with the report ing form(s) and instructions provided on the Web site. This report includes date, time, and location of transaction; weight and actual ex-vessel price of groupers and tilefishes landed and sold (when calculating the weight of IFQ groupers and tilefishes during a land ing transaction, ice and water weight may not be deducted from the weight of the fish unless the actual weight of the ice and water can be determined); and information necessary to identify the fisherman, vessel, and dealer in volved in the transaction. The fisher man must validate the dealer trans action report by entering the unique PIN for the vessel account when the transaction report is submitted. After the dealer submits the report and the information has been verified by NMFS, the online system will send a transaction approval code to the dealer and the allocation holder. (iv) If there is a discrepancy regard ing the landing transaction report after approval, the dealer or vessel ac count holder (or his or her authorized agent) must initiate a landing trans action correction form to correct the landing transaction. This form is avail able via the IFQ Web site. The dealer must then print out the form, both par ties must sign it, and the form must be 278 50 CFR Ch. VI (10–1–22 Edition) § 622.22 mailed to NMFS. The form must be re ceived by NMFS no later than 15 days after the date of the initial landing transaction. (4) IFQ cost recovery fees. As required by the Magnuson-Stevens Act, the RA will collect a fee to recover the actual costs directly related to the manage ment and enforcement of the IFQ pro gram for Gulf groupers and tilefishes. The fee cannot exceed 3 percent of the ex-vessel value of Gulf groupers and tilefishes landed under the IFQ pro gram as described in the Magnuson Stevens Act. Such fees will be depos ited in the Limited Access System Ad ministration Fund (LASAF). Initially, the fee will be 3 percent of the actual ex-vessel price of Gulf groupers and tilefishes landed per trip under the IFQ program, as documented in each land ings transaction report. The RA will review the cost recovery fee annually to determine if adjustment is war ranted. Factors considered in the re view include the catch subject to the IFQ cost recovery, projected ex-vessel value of the catch, costs directly re lated to the management and enforce ment of the IFQ program, the projected IFQ balance in the LASAF, and ex pected non-payment of fee liabilities. If the RA determines that a fee adjust ment is warranted, the RA will publish a notification of the fee adjustment in the FEDERAL REGISTER. (i) Payment responsibility. The IFQ ac count holder specified in the docu mented IFQ landing transaction report for Gulf groupers and tilefishes is re sponsible for payment of the applicable cost recovery fees. (ii) Collection and submission responsi bility. A dealer who receives Gulf groupers or tilefishes subject to the IFQ program is responsible for col lecting the applicable cost recovery fee for each IFQ landing from the IFQ ac count holder specified in the IFQ land ing transaction report. Such dealer is responsible for submitting all applica ble cost recovery fees to NMFS on a quarterly basis. The fees are due and must be submitted, using pay.gov via the IFQ system, at the end of each cal endar-year quarter, but no later than 30 days after the end of each calendar year quarter. Fees not received by the deadline are delinquent. (iii) Fee payment procedure. For each IFQ dealer, the IFQ system will post, in individual IFQ dealer accounts, an end-of-quarter statement of cost recov ery fees that are due. The dealer is re sponsible for submitting the cost re covery fee payments using pay.gov via the IFQ system. Authorized payment methods are credit card, debit card, or automated clearing house (ACH). Pay ment by check will be authorized only if the RA has determined that the geo graphical area or an individual(s) is af fected by catastrophic conditions. (iv) Fee reconciliation process—delin quent fees. The following procedures apply to an IFQ dealer whose cost re covery fees are delinquent. (A) On or about the 31st day after the end of each calendar-year quarter, the RA will send the dealer an electronic message via the IFQ Web site and offi cial notice via mail indicating the ap plicable fees are delinquent, and the dealer’s IFQ account has been sus pended pending payment of the appli cable fees. (B) On or about the 91st day after the end of each calendar-year quarter, the RA will refer any delinquent IFQ deal er cost recovery fees to the appropriate authorities for collection of payment. (5) Measures to enhance IFQ program enforceability—(i) Advance notice of landing—(A) General requirement. For the purpose of this paragraph, landing means to arrive at a dock, berth, beach, seawall, or ramp. The owner or operator of a vessel landing IFQ groupers or tilefishes is responsible for ensuring that NMFS is contacted at least 3 hours, but no more than 24 hours, in advance of landing to report the time and location of landing, esti mated grouper and tilefish landings in pounds gutted weight for each share category (gag, red grouper, DWG, Other SWG, tilefishes), vessel identification number (Coast Guard registration number or state registration number), and the name and address of the IFQ dealer(s) where the groupers or tilefishes are to be received. The vessel must land within 1 hour after the time given in the landing notification ex cept as provided in paragraph (b)(5)(i)(C) of this section. The vessel landing groupers or tilefishes must have sufficient IFQ allocation in the 279 Fishery Conservation and Management § 622.22 IFQ vessel account, or its linked IFQ shareholder account, and in the appro priate share category or categories, at least equal to the pounds in gutted weight of all groupers and tilefishes on board (except for any overage up to the 10 percent allowed on the last fishing trip) at the time of the advance notice of landing. (B) Submitting an advanced landing no tification. Authorized methods for con tacting NMFS and submitting the re port include calling IFQ Customer Service at 1–866–425–7627, completing and submitting to NMFS a landing no tification provided through the VMS unit, or providing the required infor mation to NMFS through the web based form available on the IFQ Web site. (C) Landing prior to the notification time. The owner or operator of a vessel that has completed a landing notifica tion and submitted it to NMFS may land prior to the notification time, only if an authorized officer is present at the landing site, is available to meet the vessel, and has authorized the owner or operator of the vessel to land early. (D) Changes to a landing notification. The owner or operator of a vessel who has submitted a landing notification to NMFS may make changes to the notifi cation by submitting a superseding no tification. If the initial superseding no tification makes changes to one or more of the following: the time of land ing (if landing more than 1 hour after the time on the notification), the deal er(s), or the estimated weights of fish to be landed, the vessel does not need to wait an additional 3 hours to land. If the initial superseding notification makes changes to the landing location, the time of landing is earlier than pre viously specified, or more than one su perseding notification is submitted on a trip, the vessel must wait an addi tional 3 hours to land, except as pro vided in paragraph (b)(5)(i)(C) of this section. (ii) Time restriction on offloading. For the purpose of this paragraph, off loading means to remove IFQ groupers and tilefishes from a vessel. IFQ groupers or tilefishes may be offloaded only between 6 a.m. and 6 p.m., local time, unless an authorized officer is present at the offloading at 6 p.m., is available to remain at the site while offloading continues, and authorizes the owner or operator of the vessel to continue offloading after 6 p.m. (iii) Restrictions on transfer of IFQ groupers and tilefishes. At-sea or dock side transfer of IFQ groupers or tilefishes from one vessel to another vessel is prohibited. (iv) Requirement for transaction ap proval code. If IFQ groupers or tilefishes are offloaded to a vehicle for transport or are on a vessel that is trailered for transport, on-site capa bility to accurately weigh the fish and to connect electronically to the online IFQ system to complete the trans action and obtain the transaction ap proval code is required. After a landing transaction has been completed, a transaction approval code verifying a legal transaction of the amount of IFQ groupers and tilefishes in possession and a copy of the dealer endorsement must accompany any IFQ groupers or tilefishes from the landing location through possession by a dealer. This re quirement also applies to IFQ groupers and tilefishes possessed on a vessel that is trailered for transport. A dealer may only receive IFQ groupers and tilefishes transported by a vehicle or a trailered vessel that has a cor responding transaction approval code. (v) Approved landing locations. IFQ groupers and tilefishes must be landed at an approved landing location. Land ing locations must be approved by NMFS Office for Law Enforcement prior to a vessel landing IFQ groupers or tilefishes at these sites. Proposed landing locations may be submitted on line via the IFQ Web site, or by calling IFQ Customer Service at 1–866–425–7627, at any time; however, new landing lo cations will be approved only at the end of each calendar-year quarter. To have your landing location approved by the end of the calendar-year quarter, it must be submitted at least 45 days be fore the end of the calendar-year quar ter. NMFS will evaluate the proposed sites based on, but not limited to, the following criteria: (A) Landing locations must have a street address. If there is no street ad dress on record for a particular landing location, global positioning system 280 50 CFR Ch. VI (10–1–22 Edition) § 622.22 (GPS) coordinates for an identifiable geographic location must be provided. (B) Landing locations must be pub licly accessible by land and water, and must satisfy the following criteria: (1) Vehicles must have access to the site via public roads; (2) Vessels must have access to the site via navigable water; (3) No other condition may impede free and immediate access to the site by an authorized law enforcement offi cer. Examples of such conditions in clude, but are not limited to: A locked gate, fence, wall, or other barrier pre venting 24-hour access to the site; a gated community entry point; a guard; animal; a posted sign restricting access to the site; or any other physical deter rent. (6) Transfer of IFQ shares and alloca tion. Until January 1, 2015, IFQ shares and allocations can be transferred only to a person who holds a valid commer cial vessel permit for Gulf reef fish; thereafter, IFQ shares and allocations can be transferred only to a U.S. cit izen or permanent resident alien. How ever, a valid commercial permit for Gulf reef fish, an IFQ vessel account for Gulf groupers and tilefishes, and IFQ allocation for Gulf groupers or tilefishes are required to possess (at and after the time of the advance no tice of landing), land or sell Gulf groupers or tilefishes subject to this IFQ program. (i) Share transfers. Share transfers are permanent, i.e., they remain in effect until subsequently transferred. Trans fer of shares will result in the cor responding allocation being automati cally transferred to the person receiv ing the transferred share beginning with the fishing year following the year the transfer occurred. However, within the fishing year the share trans fer occurs, transfer of shares and asso ciated allocation are independent—un less the associated allocation is trans ferred separately, it remains with the transferor for the duration of that fish ing year. A share transfer transaction that remains in pending status, i.e., has not been completed and verified with a transaction approval code, after 30 days from the date the shareholder ini tiated the transfer will be cancelled, and the pending shares will be re-cred ited to the shareholder who initiated the transfer. (ii) Share transfer procedures. Share transfers must be accomplished online via the IFQ Web site. An IFQ share holder must initiate a share transfer request by logging onto the IFQ Web site. An IFQ shareholder who is subject to a sanction under 15 CFR part 904 is prohibited from initiating a share transfer. An IFQ shareholder who is subject to a pending sanction under 15 CFR part 904 must disclose in writing to the prospective transferee the exist ence of any pending sanction at the time of the transfer. Following the in structions provided on the Web site, the shareholder must enter pertinent information regarding the transfer re quest including, but not limited to: amount of shares to be transferred, which must be a minimum of 0.000001 percent; name of the eligible trans feree; and the value of the transferred shares. For the first 5 years this IFQ program is in effect, an eligible trans feree is a person who has a valid com mercial vessel permit for Gulf reef fish; is in compliance with all reporting re quirements for the Gulf reef fish fish ery and the IFQ program for Gulf groupers and tilefishes; is not subject to sanctions under 15 CFR part 904; and who would not be in violation of the share or allocation caps as specified in paragraph (b)(8) of this section. There after, share transferee eligibility will only include U.S. citizens and perma nent resident aliens who are otherwise in compliance with the provisions of this section. The online system will verify the information entered. If the information is not accepted, the online system will send the shareholder an electronic message explaining the rea son(s). If the information is accepted, the online system will send the trans feree an electronic message of the pending transfer. The transferee must approve the share transfer by elec tronic signature. If the transferee ap proves the share transfer, the online system will send a transfer approval code to both the shareholder and trans feree confirming the transaction. All share transfers must be completed and the transaction approval code received prior to December 31 at 6 p.m. eastern time each year. 281 Fishery Conservation and Management § 622.22 (iii) Allocation transfers. An allocation transfer is valid only for the remainder of the fishing year in which it occurs; it does not carry over to the subse quent fishing year. Any allocation that is unused at the end of the fishing year is void. Allocation may be transferred to a vessel account from any IFQ ac count. Allocation held in a vessel ac count, however, may only be trans ferred back to the IFQ account through which the vessel account was estab lished. (iv) Allocation transfer procedures and restrictions—(A) Allocation transfer pro cedures. Allocation transfers must be accomplished online via the IFQ Web site. An IFQ account holder must ini tiate an allocation transfer by logging onto the IFQ Web site, entering the re quired information, including but not limited to, the name of an eligible transferee and amount of IFQ alloca tion to be transferred and price, and submitting the transfer electronically. An IFQ allocation holder who is sub ject to a sanction under 15 CFR part 904 is prohibited from initiating an alloca tion transfer. An IFQ allocation holder who is subject to a pending sanction under 15 CFR part 904 must disclose in writing to the prospective transferee the existence of any pending sanction at the time of the transfer. If the transfer is approved, the Web site will provide a transfer approval code to the transferor and transferee confirming the transaction. (B) Multi-use allocation transfer restric tions—(1) Red grouper multi-use alloca tion. Red grouper multi-use allocation may only be transferred after all an IFQ account holder’s red grouper allo cation has been landed and sold, or transferred. (2) Gag multi-use allocation. Gag multi-use allocation may only be transferred after all an IFQ account holder’s gag allocation has been landed and sold, or transferred. (7) Restricted transactions during the 20-hour online maintenance window. All electronic IFQ transactions must be completed by December 31 at 6 p.m. eastern time each year. Electronic IFQ functions will resume again on Janu ary 1 at 2 p.m. eastern time the fol lowing fishing year. The remaining 6 hours prior to the end of the fishing year, and the 14 hours at the beginning of the next fishing year, are necessary to provide NMFS time to reconcile IFQ accounts, adjust allocations for the up coming year if the commercial quotas or catch allowances for Gulf groupers and tilefishes have changed, and update shares and allocations for the upcom ing fishing year. No electronic IFQ transactions will be available during these 20 hours. An advance notice of landing may still be submitted during the 20-hour maintenance window by using the vessel’s VMS unit or calling IFQ Customer Service at 1–866–425–7627. (8) IFQ share and allocation caps. A corporation’s total IFQ share (or allo cation) is determined by adding the ap plicable IFQ shares (or allocation) held by the corporation and any other IFQ shares (or allocation) held by a cor poration(s) owned by the original cor poration prorated based on the level of ownership. An individual’s total IFQ share is determined by adding the ap plicable IFQ shares held by the indi vidual and the applicable IFQ shares equivalent to the corporate share the individual holds in a corporation. An individual’s total IFQ allocation is de termined by adding the individual’s total allocation to the allocation de rived from the IFQ shares equivalent to the corporate share the individual holds in a corporation. (i) IFQ share cap for each share cat egory. No person, including a corpora tion or other entity, may individually or collectively hold IFQ shares in any share category (gag, red grouper, DWG, Other SWG, or tilefishes) in excess of the maximum share initially issued for the applicable share category to any person at the beginning of the IFQ pro gram, as of the date appeals are re solved and shares are adjusted accord ingly. A corporation must provide to the RA the identity of the shareholders of the corporation and their percent of shares in the corporation for initial issuance of IFQ shares and allocation, and provide updated information to the RA within 30 days of when changes occur. This information must also be provided to the RA any time a com mercial vessel permit for Gulf reef fish is renewed or transferred and at the time of renewal of the application for an IFQ Account. 282 50 CFR Ch. VI (10–1–22 Edition) § 622.23 (ii) Total allocation cap. No person, in cluding a corporation or other entity, may individually or collectively hold, cumulatively during any fishing year, IFQ allocation in excess of the total al location cap. The total allocation cap is the sum of the maximum allocations associated with the share caps for each individual share category and is cal culated annually based on the applica ble quotas or catch allowance associ ated with each share category. (9) Redistribution of shares resulting from permanent revocation. If a share holder’s IFQ shares have been perma nently revoked, the RA will redis tribute the IFQ shares proportionately among remaining shareholders (subject to cap restrictions) based upon the amount of shares each held just prior to the redistribution. During December of each year, the RA will determine the amount of revoked shares, if any, to be redistributed, and the shares will be distributed at the beginning of the sub sequent fishing year. (10) Annual recalculation and notifica tion of IFQ shares and allocation. On or about January 1 each year, IFQ share holders will be notified, via the IFQ Web site, of their IFQ shares and allo cations, for each of the five share cat egories, for the upcoming fishing year. These updated share values will reflect the results of applicable share transfers and any redistribution of shares (sub ject to cap restrictions) resulting from permanent revocation of IFQ shares. Allocation, for each share category, is calculated by multiplying IFQ share for that category times the annual commercial quota or commercial catch allowance for that share category. Up dated allocation values will reflect any change in IFQ share for each share cat egory, any change in the annual com mercial quota or commercial catch al lowance for the applicable categories; and any debits required as a result of prior fishing year overages as specified in paragraph (b)(3)(ii) of this section. IFQ participants can monitor the sta tus of their shares and allocation throughout the year via the IFQ Web site. (11) Gulf grouper and tilefish IFQ pro gram participation for current grouper and tilefish IFQ account holders. (i) A current participant in the Gulf grouper and tilefish IFQ program must com plete and submit the application for an IFQ Account that is available on the website https:// secatchshares.fisheries.noaa.gov, to cer tify status as a U.S. citizen or perma nent resident alien. The account holder must also complete and submit any other information on this form that may be necessary for the administra tion of the IFQ account. (ii) A person with an established IFQ account must update and confirm the account information every 2 years. IFQ accounts are updated through the sub mission of the application for an IFQ Account. Accounts must be updated prior to the account validity date (ex piration date of the account) that is displayed on each account holder’s IFQ account page. The RA will provide each participant who has established an on line account an application approxi mately 2 months prior to the account validity date. A participant who is not provided an application at least 45 days prior to the account validity date must contact IFQ Customer Service at 1–866– 425–7627 and request an application. Failure to submit a completed applica tion prior to the participant’s account validity date will lead to the suspen sion of the participant’s access to his IFQ account until a completed applica tion is submitted. Participants who certify that they are either not a U.S. citizen or permanent resident alien will be ineligible to receive shares or allocation through transfer. [78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19494, Apr. 9, 2014; 79 FR 57835, Sept. 26, 2014; 80 FR 18553, Apr. 7, 2015; 80 FR 24834, May 1, 2015; 83 FR 27300, June 12, 2018; 86 FR 11154, Feb. 24, 2021; 86 FR 72857, Dec. 23, 2021] § 622.23 State management of the red snapper recreational sector private angling component in the Gulf EEZ. (a) Delegation. Alabama, Florida, Louisiana, Mississippi, and Texas (Gulf states) are delegated the authority to manage certain aspects of recreational red snapper harvest by the private an gling component in the Gulf EEZ (i.e., delegation). All other management measures for recreational red snapper in the Gulf EEZ not specified in this section continue to apply during state management. 283 Fishery Conservation and Management § 622.25 (1) Delegation of authority. As de scribed in the FMP for the Reef Fish Resources of the Gulf of Mexico, each Gulf state must specify the red snapper private angling component fishing sea son start and end dates to maintain harvest levels within the state’s ACL, as stated in paragraph (a)(1)(ii) of this section. Each state must also specify a recreational bag limit and a minimum size limit within the range of 14 to 18 inches (35.6 cm to 45.7 cm), total length. Each state may specify a max imum size limit. If NMFS determines that a state’s red snapper private an gling component regulations are incon sistent with the FMP and the state fails to correct the inconsistency after notice and an opportunity to do so, or a state does not specify the required management measures set forth above, i.e., fishing season start and end dates, a recreational bag limit, and a min imum size limit, then NMFS will pub lish a notice in the FEDERAL REGISTER stating that the default management measures for the red snapper private angling component, as described in paragraph (a)(2) of this section, apply in the EEZ off that state. (i) State management areas. For pur poses of the delegation of the authority to establish certain management meas ures for the red snapper private angling component, five areas in the Gulf EEZ have been established; one off each of the five Gulf states: Alabama, Florida, Louisiana, Mississippi, and Texas. The boundaries off each state are described in § 622.2. (ii) State private angling component ACLs. All ACLs specified below are in round weight. (A) Alabama regional management area—1,122,662 lb (509,231 kg). (B) Florida regional management area— 1,913,451 lb (867,927 kg). (C) Louisiana regional management area—816,233 lb (370,237 kg). (D) Mississippi regional management area—151,550 lb (68,742 kg). (E) Texas regional management area— 265,105 lb (120,250 kg). (2) Default management measures. If a state’s delegation is suspended, the Federal management measures for the private angling season, recreational bag limit, and minimum size limit as described in §§ 622.34(b) (seasonal clo sure), 622.37(a)(1) (size limit), 622.38(b)(3) (bag limit), and 622.41(q)(2)(i) (season length) apply in the EEZ off that state. All other man agement measures not specified in this section remain in effect. (b) Post-season ACL adjustments for states with an active delegation. If a state’s red snapper private angling component landings exceed the appli cable state’s component ACL specified in paragraph (a)(1)(ii) of this section, the AA will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year, reducing that state’s pri vate angling ACL by the amount of the ACL overage in the prior fishing year, unless the best scientific information available determines that a greater, lesser, or no overage adjustment is nec essary. (c) Area closures. As described in the FMP, for the red snapper private an gling component, a state with an ac tive delegation may request that NMFS establish an area closure in the EEZ off that state that prohibits the private angling component from har vesting or possessing red snapper. If NMFS determines that the request is within the scope of the analysis in the FMP, NMFS will publish a notice in the FEDERAL REGISTER to implement the requested closure for the fishing year. [85 FR 6823, Feb. 6, 2020] § 622.24 [Reserved] § 622.25 Exemptions for Gulf ground fish trawling. Gulf groundfish trawling means fish ing in the Gulf EEZ by a vessel that uses a bottom trawl, the unsorted catch of which is ground up for animal feed or industrial products. (a) Other provisions of this part not withstanding, the owner or operator of a vessel trawling for Gulf groundfish is exempt from the following require ments and limitations for the vessel’s unsorted catch of Gulf reef fish: (1) The requirement for a valid com mercial vessel permit for Gulf reef fish in order to sell Gulf reef fish. (2) Minimum size limits for Gulf reef fish. (3) Bag limits for Gulf reef fish. 284 50 CFR Ch. VI (10–1–22 Edition) § 622.26 (4) The prohibition on sale of Gulf reef fish after a quota or ACL closure. (b) Other provisions of this part not withstanding, a dealer in a Gulf state is exempt from the requirement for a Gulf and South Atlantic dealer permit to receive Gulf reef fish harvested from the Gulf EEZ by a vessel trawling for Gulf groundfish. [79 FR 19494, Apr. 9, 2014] § 622.26 Recordkeeping and reporting. (a) Commercial vessel owners and oper ators. (1) The owner or operator of a vessel for which a commercial permit for Gulf reef fish has been issued, as re quired under § 622.20(a)(1), or whose ves sel fishes for or lands reef fish in or from state waters adjoining the Gulf EEZ, who is selected to report by the SRD must maintain a fishing record on a form available from the SRD. These completed fishing records must be sub mitted to the SRD postmarked no later than 7 days after the end of each fish ing trip. If no fishing occurred during a calendar month, a report so stating must be submitted on one of the forms postmarked no later than 7 days after the end of that month. Information to be reported is indicated on the form and its accompanying instructions. (2) Advance notice of landing—(i) Gen eral requirement. For the purpose of this paragraph (a)(2), landing means to ar rive at a dock, berth, beach, seawall, or ramp. The owner or operator of a vessel landing Gulf reef fish not managed under an IFQ program or Florida Keys/ East Florida hogfish harvested in the Gulf is responsible for ensuring that NMFS is contacted at least 3 hours, but no more than 24 hours, in advance of landing to report the time, date, and location of landing, and the vessel identification number (e.g., Coast Guard registration number or state registration number). The vessel must land at an approved landing location and within 1 hour after the time given in the landing notification, except as provided in paragraph (a)(2)(iii) of this section. A vessel landing Gulf reef fish managed under an IFQ program must also comply with the requirements in §§ 622.21 and 622.22, as applicable. (ii) Submitting an advance landing no tification. Authorized methods for con tacting NMFS and submitting a com pleted landing notification include the VMS unit, or another contact method approved by NMFS. (iii) Landing prior to the notification time. The owner or operator of a vessel that has completed a landing notifica tion and submitted it to NMFS may land prior to the notification time, only if an authorized officer is present at the landing site, is available to meet the vessel, and has authorized the owner or operator of the vessel to land prior to the notification time. (iv) Changes to a landing notification. The owner or operator of a vessel who has submitted a landing notification to NMFS may make changes to the notifi cation by submitting a superseding no tification. If the initial superseding no tification makes changes to the time of landing that is later than the original time in the notification, the vessel does not need to wait an additional 3 hours to land. If the initial superseding notification makes changes to the landing location, the time of landing is earlier than previously specified, or more than one superseding notification is submitted on a trip, the vessel must wait an additional 3 hours to land, ex cept as provided in paragraph (a)(2)(iii) of this section. (v) Approved landing locations. Gulf reef fish not managed under an IFQ program, and Florida Keys/East Flor ida hogfish harvested in the Gulf, must be landed at an approved landing loca tion. Landing locations must be ap proved by the NOAA Office of Law En forcement prior to a vessel landing these species at these sites. Proposed landing locations may be submitted to NMFS; however, new landing locations will be approved only at the end of each calendar-year quarter. To have a landing location approved by the end of the calendar-year quarter, it must be submitted at least 45 days before the end of the calendar-year quarter. NMFS will evaluate the proposed sites based on, but not limited to, the cri teria at §§ 622.21(b)(5)(v) and 622.22(b)(5)(v). (b) Charter vessel/headboat owners and operators—(1) General reporting require ment. The owner or operator of a char ter vessel or headboat for which a char ter vessel/headboat permit for Gulf reef fish has been issued, as required under 285 Fishery Conservation and Management § 622.26 § 622.20(b), and whose vessel is oper ating as a charter vessel or headboat, regardless of fishing location, must submit an electronic fishing report of all fish harvested and discarded, and any other information requested by the SRD for each trip within the time pe riod specified in paragraph (b)(2) of this section. The electronic fishing report must be submitted to the SRD via NMFS approved hardware and soft ware, as posted on the NMFS South east Region website. If selected by the SRD, the owner or operator of a vessel for which a charter vessel/headboat permit for Gulf reef fish has been issued must report via the NMFS ap proved software for the Southeast Re gion Headboat Survey. (2) Reporting deadlines. Completed electronic fishing reports required by paragraph (b)(1) of this section must be submitted to the SRD prior to remov ing any fish from the vessel. If no fish were retained by any person on the ves sel during a trip, the completed elec tronic fishing report must be sub mitted to the SRD within 30 minutes of the completion of the trip, e.g., arrival at the dock. (3) Catastrophic conditions. During catastrophic conditions only, NMFS provides for use of paper forms for basic required functions as a backup to the electronic reports required by para graph (b) of this section. The RA will determine when catastrophic condi tions exist, the duration of the cata strophic conditions, and which partici pants or geographic areas are deemed affected by the catastrophic condi tions. The RA will provide timely no tice to affected participants via publi cation of notification in the FEDERAL REGISTER, and other appropriate means, such as fishery bulletins or NOAA weather radio, and will author ize the affected participants’ use of paper forms for the duration of the cat astrophic conditions. The paper forms will be available from NMFS. During catastrophic conditions, the RA has the authority to waive or modify re porting time requirements. (4) Compliance requirement. Electronic reports required by paragraph (b)(1) of this section must be submitted and re ceived by NMFS according to the re porting requirements under this sec tion. A report not received within the applicable time specified in paragraph (b)(2) of this section is delinquent. A delinquent report automatically re sults in the owner and operator of a charter vessel or headboat for which a charter vessel/headboat permit for Gulf reef fish has been issued being prohib ited from harvesting or possessing such species, regardless of any additional notification to the delinquent owner and operator by NMFS. The owner and operator who are prohibited from har vesting or possessing such species due to delinquent reports are authorized to harvest or possess such species only after all required and delinquent re ports have been submitted and received by NMFS according to the reporting requirements under this section. (5) Hardware and software requirements for vessel location tracking. An owner or operator of a vessel for which a charter vessel/headboat permit for Gulf reef fish has been issued must ensure that the vessel is equipped with NMFS-ap proved hardware and software with a minimum capability of archiving GPS locations as posted on the NMFS Southeast Region website. The vessel location tracking device can be either a cellular or satellite VMS unit, and must be permanently affixed to the vessel and have uninterrupted oper ation. (i) Use of a NMFS-approved satellite VMS. An owner or operator of a vessel for which a charter vessel/headboat permit for Gulf reef fish has been issued, and who uses a NMFS-approved satellite VMS to comply with the re porting and recordkeeping require ments of this section, must adhere to the VMS requirements specified in § 622.28, except for the trip declaration requirements specified in § 622.28(e). For trip declaration requirements, see paragraph (b)(6) of this section. (ii) Use of NMFS-approved cellular VMS. An owner or operator of a vessel for which a charter vessel/headboat permit for Gulf reef fish has been issued, and who uses NMFS-approved cellular VMS to comply with the re porting and recordkeeping require ments of this section must comply with the following— (A) Cellular VMS unit operation and re placement. Ensure that such vessel has 286 50 CFR Ch. VI (10–1–22 Edition) § 622.26 an operating cellular VMS unit ap proved by NMFS on board at all times whether or not the vessel is underway, unless exempted by NMFS under the power-down exemption specified in paragraph (b)(5)(ii)(D) of this section. An operating cellular VMS unit in cludes an operating mobile transmit ting unit on the vessel and a func tioning communication link between the unit and NMFS as provided by a NMFS-approved communication serv ice provider. NMFS maintains a cur rent list of approved cellular VMS units and communication providers, which is available at https:// www.fisheries.noaa.gov/southeast/about us/sustainable-fisheries-division-gulf-mex ico-branch. If NMFS OLE removes a cel lular VMS unit from the approved list, a vessel owner who purchased and in stalled such a unit prior to its removal from the approved list will still comply with the requirement to have an ap proved unit, unless otherwise notified by NMFS OLE. At the end of a cellular VMS unit’s service life, it must be re placed with a currently approved unit. (B) Hourly position reporting require ment. An owner or operator of a vessel using a NMFS-approved cellular VMS unit as specified in paragraph (b)(5)(ii)(A) of this section must ensure that the required cellular VMS unit ar chives the vessel’s accurate position at least once per hour, 24 hours a day, every day of the year, unless exempted from this requirement under para graphs (b)(5)(ii)(C) or (D) of this sec tion. (C) In-port exemption. While in port, an owner or operator of a vessel with a NMFS-approved cellular VMS unit con figured with the 4-hour position report ing feature may utilize the 4-hour re porting feature rather than comply with the hourly position reporting re quirement specified in paragraph (b)(5)(ii)(B) of this section. Once the vessel is no longer in port, the hourly position reporting requirement speci fied in paragraph (b)(5)(ii)(B) of this section applies. For the purposes of this section, ‘‘in port’’ means secured at a land-based facility, or moored or anchored after the return to a dock, berth, beach, seawall, or ramp. (D) Power-down exemption. An owner or operator of a vessel subject to the requirement to have a cellular VMS unit operating at all times as specified in paragraph (b)(5)(ii)(A) of this section can be exempted from that require ment and may power down the required cellular VMS unit if— (1) The vessel will be continuously out of the water or in port, as defined in paragraph (b)(5)(ii)(C) of this sec tion, for more than 72 consecutive hours; (2) The owner or operator of the ves sel applies for and obtains a valid let ter of exemption from NMFS. The let ter of exemption must be maintained on board the vessel and remains valid for the period specified in the letter for all subsequent power-down requests conducted for the vessel consistent with the provisions of paragraphs (b)(5)(ii)(D)(3) and (4) of this section. (3) Prior to each power down, the owner or operator of the vessel files a report using a NMFS-approved form that includes the name of the person filing the report, vessel name, U.S. Coast Guard vessel documentation number or state vessel registration number, charter vessel/headboat reef fish permit number, vessel port loca tion during cellular VMS power down, estimated duration of the power-down exemption, and reason for power down; and (4) Prior to powering down the cel lular VMS unit, the owner or operator of the vessel receives a confirmation from NMFS that the information was successfully delivered. (E) Installation and activation of a cel lular VMS unit. Only a cellular VMS unit that has been approved by NMFS for the Gulf reef fish fishery may be used, and the cellular VMS unit must be installed by a qualified marine elec trician. When installing and activating or when reinstalling and reactivating the NMFS-approved cellular VMS unit, the vessel owner or operator must— (1) Follow procedures indicated on the VMS installation and activation form, which is available from NMFS; and (2) Submit a completed and signed VMS installation and activation form to NMFS as specified on the form. (F) Interference with the cellular VMS. No person may interfere with, tamper with, alter, damage, disable, or impede 287 Fishery Conservation and Management § 622.27 the operation of the cellular VMS, or attempt any of the same. (G) Interruption of operation of the cel lular VMS. If a vessel’s GPS is not oper ating properly, the vessel owner or op erator must immediately contact NMFS and follow NMFS’ instructions. If notified by NMFS that a vessel’s cel lular VMS is not operating properly, the vessel owner or operator must fol low NMFS’ instructions. In either event, such instructions may include, but are not limited to, manually com municating to a location designated by NMFS the vessel’s positions, or return ing to port until the cellular VMS is operable. (iii) Access to position data. As a con dition of authorized fishing for or pos session of Gulf reef fish subject to the reporting and recordkeeping require ments in this section, a vessel owner or operator subject to the hardware and software requirements in this section must allow NMFS, the U.S. Coast Guard, and their authorized officers and designees access to the vessel’s po sition data obtained from the cellular VMS. (6) Trip declaration requirements. For purposes of this paragraph (b)(6), a trip begins anytime the vessel departs from a dock, berth, beach, seawall, or ramp, and terminates with return to a dock, berth, beach, seawall, or ramp, regard less of the duration or purpose, includ ing non-fishing activities. Prior to de parture for each trip, the owner or op erator of a vessel for which a charter vessel/headboat permit for Gulf reef fish has been issued must notify NMFS and report the type of trip, the U.S. Coast Guard vessel documentation number or state vessel registration number, and whether the vessel will be operating as a charter vessel or headboat, or is departing on another type of trip, such as a commercial trip. If the vessel will be operating as a charter vessel or headboat during the trip, the owner or operator must also report the expected trip completion date, time, and landing location. (c) Dealers. (1) A dealer who first re ceives Gulf reef fish must maintain records and submit information as specified in § 622.5(c). (2) The operator of a vehicle that is used to pick up from a fishing vessel Gulf reef fish must maintain a record containing the name of each fishing vessel from which reef fish on the vehi cle have been received. The vehicle op erator must provide such record for in spection upon the request of an author ized officer. [78 FR 22952, Apr. 17, 2013, as amended at 79 FR 6099, Feb. 3, 2014; 79 FR 19494, Apr. 9, 2014; 83 FR 27300, June 12, 2018; 85 FR 44017, July 21, 2020] § 622.27 At-sea observer coverage. (a) Required coverage. A vessel for which a Federal commercial vessel per mit for Gulf reef fish or a charter ves sel/headboat permit for Gulf reef fish has been issued must carry a NMFS-ap proved observer, if the vessel’s trip is selected by the SRD for observer cov erage. Vessel permit renewal is contin gent upon compliance with this para graph (a). (b) Notification to the SRD. When ob server coverage is required, an owner or operator must advise the SRD in writing not less than 5 days in advance of each trip of the following: (1) Departure information (port, dock, date, and time). (2) Expected landing information (port, dock, and date). (c) Observer accommodations and ac cess. An owner or operator of a vessel on which a NMFS-approved observer is embarked must: (1) Provide accommodations and food that are equivalent to those provided to the crew. (2) Allow the observer access to and use of the vessel’s communications equipment and personnel upon request for the transmission and receipt of messages related to the observer’s du ties. (3) Allow the observer access to and use of the vessel’s navigation equip ment and personnel upon request to de termine the vessel’s position. (4) Allow the observer free and unob structed access to the vessel’s bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish. (5) Allow the observer to inspect and copy the vessel’s log, communications logs, and any records associated with the catch and distribution of fish for that trip. 288 50 CFR Ch. VI (10–1–22 Edition) § 622.28 § 622.28 Vessel monitoring systems (VMSs). The VMS requirements of this sec tion apply throughout the Gulf of Mex ico and adjacent states. (a) General VMS requirement. An owner or operator of a vessel that has been issued a commercial vessel permit for Gulf reef fish, including a charter vessel/headboat issued such a permit even when under charter, must ensure that such vessel has an operating VMS approved by NMFS for use in the Gulf reef fish fishery on board at all times whether or not the vessel is underway, unless exempted by NMFS under the power-down exemptions specified in paragraph (d) of this section and in the NOAA Enforcement Vessel Monitoring System Requirements for the Reef Fish Fishery of the Gulf of Mexico. This NOAA Enforcement Vessel Monitoring System Requirements document is available from NMFS Office for Law Enforcement (OLE), Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701; phone: 800–758–4833. An oper ating VMS includes an operating mo bile transmitting unit on the vessel and a functioning communication link between the unit and NMFS as pro vided by a NMFS-approved commu nication service provider. NMFS OLE maintains a current list of approved VMS units and communication pro viders which is available from the VMS Support Center, NMFS OLE, 8484 Geor gia Avenue, Suite 415, Silver Spring, MD 20910 or by calling toll free: 888–219– 9228. If a VMS unit approved for the Gulf reef fish fishery is removed from the approved list by NMFS OLE, a ves sel owner who purchased and installed such a VMS unit prior to its removal from the approved list will be consid ered to be in compliance with the re quirement to have an approved unit, unless otherwise notified by NMFS OLE. At the end of a VMS unit’s serv ice life, it must be replaced with a cur rently approved unit for the fishery. (b) Hourly reporting requirement. An owner or operator of a vessel subject to the requirements of paragraph (a) of this section must ensure that the re quired VMS unit transmits a signal in dicating the vessel’s accurate position at least once an hour, 24 hours a day every day unless exempted under para graphs (c) or (d) of this section. (c) In-port exemption. While in port, an owner or operator of a vessel with a type-approved VMS unit configured with the 4-hour reporting feature may utilize the 4-hour reporting feature rather than comply with the hourly re porting requirement specified in para graph (b) of this section. Once the ves sel is no longer in port, the hourly re porting requirement specified in para graph (b) of this section applies. For the purposes of this section, ‘‘in port’’ means secured at a land-based facility, or moored or anchored after the return to a dock, berth, beach, seawall, or ramp. (d) Power-down exemptions. An owner or operator of a vessel subject to the requirement to have a VMS operating at all times as specified in paragraph (a) of this section can be exempted from that requirement and may power down the required VMS unit if— (1) The vessel will be continuously out of the water or in port, as defined in paragraph (c) of this section, for more than 72 consecutive hours; (2) The owner or operator of the ves sel applies for and obtains a valid let ter of exemption from NMFS OLE VMS personnel as specified in the NOAA En forcement Vessel Monitoring System Requirements for the Reef Fish Fish ery of the Gulf of Mexico. This is a one time requirement. The letter of exemp tion must be maintained on board the vessel and remains valid for all subse quent power-down requests conducted consistent with the provisions of para graphs (d)(3) and (4) of this section. (3) Prior to each power-down, the owner or operator of the vessel files a report to NMFS OLE VMS program personnel, using the VMS unit’s email, that includes the name of the person filing the report, vessel name, vessel U.S. Coast Guard documentation num ber or state registration number, com mercial vessel reef fish permit number, vessel port location during VMS power down, estimated duration of the power down exemption, and reason for power down; and (4) The owner or operator enters the power-down code through the use of the VMS Declaration form on the ter minal and, prior to powering down the 289 Fishery Conservation and Management § 622.29 VMS, receives a confirmation, through the VMS terminal, that the form was successfully delivered. (e) Declaration of fishing trip and gear. Prior to departure for each trip, a ves sel owner or operator must report to NMFS any fishery the vessel will par ticipate in on that trip and the specific type(s) of fishing gear, using NMFS-de fined gear codes, that will be on board the vessel. This information may be re ported to NMFS using the toll-free number, 888–219–9228, or via an attached VMS terminal. (f) Installation and activation of a VMS. Only a VMS that has been ap proved by NMFS for the Gulf reef fish fishery may be used, and the VMS must be installed by a qualified marine electrician. When installing and acti vating the NMFS-approved VMS, or when reinstalling and reactivating such VMS, the vessel owner or operator must— (1) Follow procedures indicated on a NMFS-approved installation and acti vation checklist for the applicable fish ery, which is available from NMFS Of fice for Law Enforcement, Southeast Region, 263 13th Avenue South, St. Pe tersburg, FL 33701; phone: 800–758–4833; and (2) Submit to NMFS Office for Law Enforcement, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701, a statement certifying compli ance with the checklist, as prescribed on the checklist. (3) Submit to NMFS Office for Law Enforcement, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701, a vendor-completed installation certification checklist, which is avail able from NMFS Office for Law En forcement, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701; phone: 800–758–4833. (g) Interference with the VMS. No per son may interfere with, tamper with, alter, damage, disable, or impede the operation of the VMS, or attempt any of the same. (h) Interruption of operation of the VMS. When a vessel’s VMS is not oper ating properly, the owner or operator must immediately contact NMFS Of fice for Law Enforcement, Southeast Region, 263 13th Avenue South, St. Pe tersburg, FL 33701, phone: 800–758–4833, and follow instructions from that of fice. If notified by NMFS that a ves sel’s VMS is not operating properly, the owner and operator must follow in structions from that office. In either event, such instructions may include, but are not limited to, manually com municating to a location designated by NMFS the vessel’s positions or return ing to port until the VMS is operable. (i) Access to position data. As a condi tion of authorized fishing for or posses sion of fish in a fishery subject to VMS requirements in this section, a vessel owner or operator subject to the re quirements for a VMS in this section must allow NMFS, the USCG, and their authorized officers and designees ac cess to the vessel’s position data ob tained from the VMS. § 622.29 Conservation measures for protected resources. (a) Gulf reef fish commercial vessels and charter vessels/headboats—(1) Sea turtle conservation measures. (i) The owner or operator of a vessel for which a com mercial vessel permit for Gulf reef fish or a charter vessel/headboat permit for Gulf reef fish has been issued, as re quired under § 622.20(a)(1) and (b), re spectively, must have the 2019 version of the NMFS document titled, ‘‘Careful Release Protocols for Sea Turtle Re lease with Minimal Injury’’ available for reference on board electronically or have a paper copy on board inside the wheelhouse, or within a waterproof case if there is no wheelhouse. In addi tion, the NMFS sea turtle handling and release guidelines placard must be posted inside the wheelhouse or an eas ily viewable area on the vessel if there is no wheelhouse. (ii) Such owner or operator must also comply with the sea turtle interaction mitigation measures, including the re lease gear and handling requirements specified in appendix F of this part. (iii) Those permitted vessels with a freeboard height of 4 ft (1.2 m) or less must have on board a net or hoist, tire or other support device, short-handled dehooker(s) for internal and external hooks, long-nose or needle-nose pliers, bolt cutters, monofilament line cut ters, and at least two types of mouth openers or mouth gags. This equipment 290 50 CFR Ch. VI (10–1–22 Edition) § 622.30 must meet the specifications described in appendix F to this part. (iv) Those permitted vessels with a freeboard height of greater than 4 ft (1.2 m) must have on board a net or hoist, tire or other support device, long-handled line clipper or cutter, short-handled dehooker(s) for internal and external hooks, long-handled dehooker(s) for internal and external hooks, a long-handled device to pull an inverted ‘‘V’’ in the fishing line, long nose or needle-nose pliers, bolt cutters, monofilament line cutters, and at least two types of mouth openers or mouth gags. This equipment must meet the specifications described in appendix F to this part. (2) Smalltooth sawfish conservation measures. The owner or operator of a vessel for which a commercial vessel permit for Gulf reef fish or a charter vessel/headboat permit for Gulf reef fish has been issued, as required under §§ 622.20(a)(1) and 622.20(b), respectively, that incidentally catches a smalltooth sawfish must— (i) Keep the sawfish in the water at all times; (ii) If it can be done safely, untangle the line if it is wrapped around the saw; (iii) Cut the line as close to the hook as possible; and (iv) Not handle the animal or at tempt to remove any hooks on the saw, except for with a long-handled dehooker. (b) Incorporation by reference. The standards required in paragraph (a)(1) of this section are incorporated by ref erence into this section with the ap proval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the National Marine Fisheries Service, Southeast Regional Office, 263 13th Ave. South, St. Petersburg, FL 33701, phone: 727– 824–5301, website: https:// www.fisheries.noaa.gov/southeast/endan gered-species-conservation/sea-turtle-and smalltooth-sawfish-release-gear-proto cols.html, and is available from the sources listed in paragraphs (b)(1) and (2) of this section. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741– 6030 or go to www.archives.gov/federal register/cfr/ibr-locations.html. (1) U.S. Department of Commerce, National Oceanic and Atmospheric Ad ministration, National Marine Fish eries Service, Southeast Fisheries Science Center, 75 Virginia Beach Drive, Miami, FL 33149. (i) Careful Release Protocols for Sea Turtle Release with Minimal Injury, NOAA Technical Memorandum NMFS– SEFSC–735, Stokes, L., and Bergmann, C. (Editors), 2019. (ii) [Reserved] (2) U.S. Department of Commerce, National Oceanic and Atmospheric Ad ministration, National Marine Fish eries Service, Southeast Regional Of fice, 263 13th Ave. South, St. Peters burg, FL 33701. (i) Sea Turtle Handling/Release Guidelines: Quick Reference for Hook and Line Fisheries, English, Spanish, Vietnamese, Revised April 2019. (ii) [Reserved] [78 FR 22952, Apr. 17, 2013, as amended at 84 FR 22385, May 17, 2019; 84 FR 67238, Dec. 9, 2019] § 622.30 Required fishing gear. For a person on a vessel to fish for Gulf reef fish in the Gulf EEZ, the fol lowing fishing gear must be on the ves sel and such person must use the gear as specified in paragraphs (a) and (b) of this section. (a) Non-stainless steel circle hooks. Non-stainless steel circle hooks are re quired when fishing with natural baits, except that other non-stainless steel hook types may be used when commer cial fishing for yellowtail snapper with natural baits in an area south of a line extending due west from 25°09′ N. lat. off the west coast of Monroe County, Florida, to the Gulf of Mexico and South Atlantic inter-council boundary, specified in § 600.105(c). (b) Dehooking device. At least one dehooking device is required and must be used to remove hooks embedded in Gulf reef fish with minimum damage. The hook removal device must be con structed to allow the hook to be se cured and the barb shielded without re engaging during the removal process. The dehooking end must be blunt, and all edges rounded. The device must be 291 Fishery Conservation and Management § 622.34 of a size appropriate to secure the range of hook sizes and styles used in the Gulf reef fish fishery. (c) Gear required by the DESCEND Act of 2020. For a person on a vessel to fish for Gulf reef fish in the Gulf EEZ, a de scending device or a venting tool that is rigged and ready for use while fish ing is occurring must be on the vessel. The requirements in this paragraph (c) are effective until January 14, 2026. (1) Descending device. A descending device is an instrument capable of re leasing a fish at the depth from which the fish was caught. (i) The descending device must be a weighted hook, lip clamp, or container that will hold the fish while it is low ered to depth. The device must be capa ble of releasing the fish automatically, by actions of the operator of the de vice, or by allowing the fish to escape on its own when at depth. (ii) The descending device must use a minimum of a 16-ounce (454-gram) weight and a minimum of a 60-ft (15.2 m) length of line. (2) Venting tool. A venting tool is a device capable of penetrating the abdo men of a fish to release the excess gases accumulated in the body cavity when a fish is retrieved from depth. A venting tool must be a sharpened, hol low instrument that allows air to es cape, such as a hypodermic syringe with the plunger removed. A 16–gauge needle, which has an outside diameter of 0.065 inches (1.65 mm), is the min imum diameter hollow tube that must be used. A larger diameter hollow nee dle is preferred to allow more air to es cape from a fish rapidly. A device that is not hollow, such as a knife or an ice pick, is not a venting tool and will cause additional damage to a fish. [78 FR 22952, Apr. 17, 2013, as amended at 78 FR 46822, Aug. 2, 2013; 81 FR 10311, Feb. 10, 2017; 87 FR 2357, Feb. 14, 2022] § 622.31 Buoy gear identification. (a) Buoy gear. In the Gulf EEZ, if buoy gear is used or possessed, each buoy must display the official number of the vessel. See § 622.2 for the defini tion of buoy gear. (b) [Reserved] § 622.32 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) Poisons. A poison may not be used to take Gulf reef fish in the Gulf EEZ. (b) [Reserved] § 622.33 Prohibited species. (a) General. The harvest and posses sion restrictions of this section apply without regard to whether the species is harvested by a vessel operating under a commercial vessel permit. The operator of a vessel that fishes in the EEZ is responsible for the limit appli cable to that vessel. (Note: Nassau grouper in the Gulf EEZ may not be harvested or possessed, as specified in § 622.181(b)(1).) (b) Goliath grouper. Goliath grouper may not be harvested or possessed in or from the Gulf EEZ. (c) [Reserved] (d) Gulf reef fish exhibiting trap rash. Possession of Gulf reef fish in or from the Gulf EEZ that exhibit trap rash is prima facie evidence of illegal trap use and is prohibited. For the purpose of this paragraph, trap rash is defined as physical damage to fish that character istically results from contact with wire fish traps. Such damage includes, but is not limited to, broken fin spines, fin rays, or teeth; visually obvious loss of scales; and cuts or abrasions on the body of the fish, particularly on the head, snout, or mouth. [78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78775, Dec. 27, 2013] § 622.34 Seasonal and area closures de signed to protect Gulf reef fish. (a) Closure provisions applicable to the Madison and Swanson sites, Steamboat Lumps, and the Edges. For the purpose of this paragraph (a), fish means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. The provisions of this paragraph (a) do not apply to Atlantic highly mi gratory species, such as tunas, billfishes, and oceanic sharks. See 50 292 50 CFR Ch. VI (10–1–22 Edition) § 622.34 CFR part 635 for any provisions appli cable to fishing for or possession of At lantic highly migratory species in these areas. (1) Descriptions of Areas. (i) The Madi son and Swanson sites are bounded by rhumb lines connecting, in order, the following points: Point North lat. West long. A ................ 29°17′ 85°50′ B ................ 29°17′ 85°38′ C ................ 29°06′ 85°38′ D ................ 29°06′ 85°50′ A ................ 29°17′ 85°50′ (ii) Steamboat Lumps is bounded by rhumb lines connecting, in order, the following points: Point North lat. West long. B ................ 28°14′ 84°37′ C ................ 28°03′ 84°37′ D ................ 28°03′ 84°48′ A ................ 28°14′ 84°48′ (iii) The Edges is bounded by rhumb lines connecting, in order, the fol lowing points: Point North lat. West long. A ................ 28°51′ 85°16′ B ................ 28°51′ 85°04′ C ................ 28°14′ 84°42′ D ................ 28°14′ 84°54′ A ................ 28°51′ 85°16′ (2) Within the Madison and Swanson sites and Steamboat Lumps: Fishing is prohibited year-round; possession of Gulf reef fish is prohibited year-round except when such possession is on a vessel that has been issued a valid Fed eral commercial permit for Gulf reef fish, has an operating satellite-based VMS unit, and is in transit with fish ing gear stowed as specified in para graph (a)(4) of this section; and posses sion of any non-Gulf reef fish species is prohibited year-round, except for such possession on a vessel in transit with fishing gear stowed as specified in paragraph (a)(4) of this section. (3) Within the Edges during January through April each year, all fishing is prohibited and the possession of any fish species is prohibited, except for such possession on a vessel in transit with fishing gear appropriately stowed as specified in paragraph (a)(4) of this section. (4) For the purpose of paragraph (a) of this section, transit means non-stop progression through the area; fishing gear appropriately stowed means— (i) A longline may be left on the drum if all gangions and hooks are dis connected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. (ii) A trawl net may remain on deck, but trawl doors must be disconnected from the trawl gear and must be se cured. (iii) A gillnet must be left on the drum. Any additional gillnets not at tached to the drum must be stowed below deck. (iv) A rod and reel must be removed from the rod holder and stowed se curely on or below deck. Terminal gear (i.e., hook, leader, sinker, flasher, or bait) must be disconnected and stowed separately from the rod and reel. Sink ers must be disconnected from the down rigger and stowed separately. (b) Seasonal closure of the recreational sector for red snapper. The recreational sector for red snapper in or from the Gulf EEZ is closed from January 1 through May 31, each year. During the closure, the bag and possession limit for red snapper in or from the Gulf EEZ is zero. See § 622.23(a)(1) regarding the fishing season for states with an active delegation of state management of the red snapper private angling component. A person subject to the private angling component bag limit under an active delegation of state management must be in compliance with the fishing li cense (permit) requirements of the state in which they intend to land the fish and may not possess red snapper in the Gulf EEZ when that state season is closed. (c) Seasonal closure of the recreational sector for greater amberjack. The rec reational sector for greater amberjack in or from the Gulf EEZ is closed from January 1 through April 30, June 1 through July 31, and November 1 through December 31, each year. Dur ing the closure, the bag and possession limit for greater amberjack in or from the Gulf EEZ is zero. (d) Seasonal closure of the recreational sector for shallow-water grouper (SWG). The recreational sector for SWG in or 293 Fishery Conservation and Management § 622.35 from the Gulf EEZ is closed each year from February 1 through March 31 in the portion of the Gulf EEZ seaward of rhumb lines connecting the following points in order. During the closure, the bag and possession limits for SWG in or from the Gulf EEZ seaward of the fol lowing rhumb lines are zero. TABLE 4 TO PARAGRAPH (d) Point North lat. West long. 1 ............ 24°48.0′ ........................ 82°48.0′ 2 ............ 25°07.5′ ........................ 82°34.0′ 3 ............ 26°26.0′ ........................ 82°59.0′ 4 ............ 27°30.0′ ........................ 83°21.5′ 5 ............ 28°10.0′ ........................ 83°45.0′ 6 ............ 28°11.0′ ........................ 84°00.0′ 7 ............ 28°11.0′ ........................ 84°07.0′ 8 ............ 28°26.6′ ........................ 84°24.8′ 9 ............ 28°42.5′ ........................ 84°24.8′ 10 .......... 29°05.0′ ........................ 84°47.0′ 11 .......... 29°02.5′ ........................ 85°09.0′ 12 .......... 29°21.0′ ........................ 85°30.0′ 13 .......... 29°27.9′ ........................ 85°51.7′ 14 .......... 29°45.8′ ........................ 85°51.0′ 15 .......... 30°05.6′ ........................ 86°18.5′ 16 .......... 30°07.5′ ........................ 86°56.5′ 17 .......... 29°43.9′ ........................ 87°33.8′ 18 .......... 29°43.0′ ........................ 88°18.5′ 19 .......... 29°18.9′ ........................ 88°50.7′ at State and Federal Reef Fish Management Bound ary, follow Reef Fish Management Bound ary to point 20 20 .......... 28°58.98′ ...................... 89°35.1′ at State and Federal Reef Fish Management Bound ary 21 .......... 29°02.0′ ........................ 89°45.5′ 22 .......... 28°32.7′ ........................ 90°21.5′ 23 .......... 28°24.8′ ........................ 90°52.7′ 24 .......... 28°42.3′ ........................ 92°14.4′ 25 .......... 28°34.2′ ........................ 92°30.4′ 26 .......... 28°27.6′ ........................ 95°00.0′ 27 .......... 28°20.0′ ........................ 95°06.9′ 28 .......... 28°02.2′ ........................ 96°11.1′ 29 .......... 27°46.5′ ........................ 96°38.1′ 30 .......... 27°15.0′ ........................ 97°00.0′ 31 .......... 26°45.5′ ........................ 97°01.4′ 32 .......... At EEZ boundary ......... 96°51.0′ (e) Seasonal closure of the recreational sector for gag. The recreational sector for gag, in or from the Gulf EEZ, is closed from January 1 through May 31. During the closure, the bag and posses sion limits for gag in or from the Gulf EEZ are zero. (f) Seasonal closures for gray triggerfish. The recreational sector for gray triggerfish in or from the Gulf EEZ is closed from January 1 through the end of February, and from June 1 through July 31, each year. During a recreational closure, the bag and pos session limits for gray triggerfish in or from the Gulf EEZ are zero. The com mercial sector for gray triggerfish in or from the Gulf EEZ is closed from June 1 through July 31, each year. During the period of both the commercial and recreational closure, all harvest or pos session in or from the Gulf EEZ of gray triggerfish is prohibited and the sale and purchase of gray triggerfish taken from the Gulf EEZ is prohibited. (g) Recreational sector for hogfish in the Gulf EEZ south of 25°09′ N. lat. off the west coast of Florida. See § 622.183(b)(4) for the applicable seasonal closures. (h) Seasonal closure of the recreational sector for greater amberjack. The rec reational sector for greater amberjack in or from the Gulf EEZ is closed from August 1 through August 31, and No vember 1 through July 31. During the closure, the bag and possession limit for greater amberjack in or from the Gulf EEZ is zero. [78 FR 22952, Apr. 17, 2013, as amended at 78 FR 27087, May 9, 2013; 78 FR 33261, June 4, 2013; 81 FR 24039, Apr. 25, 2016; 82 FR 34580, July 25, 2017; 82 FR 59525, Dec. 15, 2017; 82 FR 61487, Dec. 28, 2017; 83 FR 13428, Mar. 29, 2018; 85 FR 6823, Feb. 6, 2020; 85 FR 20613, Apr. 14, 2020; 86 FR 38417, July 20, 2021] EFFECTIVE DATE NOTE: At 87 FR 44031, July 25, 2022, § 622.34 was amended by suspending paragraph (c) and by adding paragraph (h), effective July 25, 2022 to Jan. 23, 2023. § 622.35 Gear restricted areas. (a) Reef fish stressed area. The stressed area is that part of the Gulf EEZ shore ward of rhumb lines connecting, in order, the points listed in Table 2 in Appendix B of this part. (1) A powerhead may not be used in the stressed area to take Gulf reef fish. Possession of a powerhead and a muti lated Gulf reef fish in the stressed area or after having fished in the stressed area constitutes prima facie evidence that such reef fish was taken with a powerhead in the stressed area. (2) A roller trawl may not be used in the stressed area. Roller trawl means a trawl net equipped with a series of large, solid rollers separated by several smaller spacer rollers on a separate cable or line (sweep) connected to the footrope, which makes it possible to fish the gear over rough bottom, that is, in areas unsuitable for fishing con ventional shrimp trawls. Rigid framed 294 50 CFR Ch. VI (10–1–22 Edition) § 622.36 trawls adapted for shrimping over un even bottom, in wide use along the west coast of Florida, and shrimp trawls with hollow plastic rollers for fishing on soft bottoms, are not consid ered roller trawls. (b) Seasonal prohibitions applicable to bottom longline fishing for Gulf reef fish. (1) From June through August each year, bottom longlining for Gulf reef fish is prohibited in the portion of the Gulf EEZ east of 85°30’ W. long. that is shoreward of rhumb lines connecting, in order, the following points: Point North lat. West long. A ................ 28°58.70′ 85°30.00′ B ................ 28°59.25′ 85°26.70′ C ................ 28°57.00′ 85°13.80′ D ................ 28°47.40′ 85°3.90′ E ................ 28°19.50′ 84°43.00′ F ................. 28°0.80′ 84°20.00′ G ................ 26°48.80′ 83°40.00′ H ................ 25°17.00′ 83°19.00′ I .................. 24°54.00′ 83°21.00′ J ................. 24°29.50′ 83°12.30′ K ................ 24°26.50′ 83°00.00′ (2) Within the prohibited area and time period specified in paragraph (b)(1) of this section, a vessel with bot tom longline gear on board may not possess Gulf reef fish unless the bottom longline gear is appropriately stowed, and a vessel that is using bottom longline gear to fish for species other than Gulf reef fish may not possess Gulf reef fish. For the purposes of para graph (b) of this section, appropriately stowed means that a longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck; hooks cannot be baited; and all buoys must be disconnected from the gear but may remain on deck. (3) Within the Gulf EEZ east of 85°30′ W long., a vessel for which a valid east ern Gulf reef fish bottom longline en dorsement has been issued that is fish ing bottom longline gear or has bottom longline gear on board cannot possess more than 750 hooks rigged for fishing at any given time. For the purpose of this paragraph, ‘‘hooks rigged for fish ing’’ means hooks attached to a line or other device capable of attaching to the mainline of the longline. (c) Reef fish longline and buoy gear re stricted area. A person aboard a vessel that uses, on any trip, longline or buoy gear in the longline and buoy gear re stricted area is limited on that trip to the bag limits for Gulf reef fish speci fied in § 622.38(b) and, for Gulf reef fish for which no bag limit is specified in § 622.38(b), the vessel is limited to 5 per cent, by weight, of all fish on board or landed. The longline and buoy gear re stricted area is that part of the Gulf EEZ shoreward of rhumb lines con necting, in order, the points listed in Table 1 in Appendix B of this part. (d) Alabama SMZ. The Alabama SMZ consists of artificial reefs and sur rounding areas. In the Alabama SMZ, fishing by a vessel that is operating as a charter vessel or headboat, a vessel that does not have a commercial per mit for Gulf reef fish, as required under § 622.20(a)(1), or a vessel with such a permit fishing for Gulf reef fish is lim ited to hook-and-line gear with three or fewer hooks per line and spearfishing gear. A person aboard a vessel that uses on any trip gear other than hook-and-line gear with three or fewer hooks per line and spearfishing gear in the Alabama SMZ is limited on that trip to the bag limits for Gulf reef fish specified in § 622.38(b) and, for Gulf reef fish for which no bag limit is speci fied in § 622.38(b), the vessel is limited to 5 percent, by weight, of all fish on board or landed. The Alabama SMZ is bounded by rhumb lines connecting, in order, the following points: Point North lat. West long. A ................ 30°02.5′ 88°07.7′ B ................ 30°02.6′ 87°59.3′ C ................ 29°55.0′ 87°55.5′ D ................ 29°54.5′ 88°07.5′ A ................ 30°02.5′ 88°07.7′ [78 FR 22952, Apr. 17, 2013, as amended at 82 FR 34580, July 25, 2017; 83 FR 5212, Feb. 6, 2018] § 622.36 Seasonal harvest limitations. (a) Greater amberjack. During March, April, and May, each year, the posses sion of greater amberjack in or from the Gulf EEZ and in the Gulf on board a vessel for which a commercial permit for Gulf reef fish has been issued, as re quired under § 622.20(a)(1), without re gard to where such greater amberjack were harvested, is limited to the bag and possession limits, as specified in § 622.38(b)(1) and (c), respectively, and such greater amberjack are subject to the prohibition on sale or purchase of 295 Fishery Conservation and Management § 622.37 greater amberjack possessed under the bag limit, as specified in § 622.40(a). Also note that if commercial quan tities of Gulf reef fish, i.e., Gulf reef fish in excess of applicable bag/posses sion limits, are on board the vessel, no bag limit of Gulf reef fish may be pos sessed, as specified in § 622.38(a)(2). (b) [Reserved] § 622.37 Size limits. All size limits in this section are minimum size limits unless specified otherwise. A fish not in compliance with its size limit, as specified in this section, in or from the Gulf EEZ, may not be possessed, sold, or purchased. A fish not in compliance with its size limit must be released immediately with a minimum of harm. The operator of a vessel that fishes in the EEZ is re sponsible for ensuring that fish on board are in compliance with the size limits specified in this section. See § 622.10 regarding requirements for landing fish intact. (a) Snapper—(1) Red snapper—16 inches (40.6 cm), TL, for a fish taken by a person subject to the bag limit speci fied in § 622.38(b)(3) and 13 inches (33.0 cm), TL, for a fish taken by a person not subject to the bag limit. See § 622.23(a)(1) regarding the minimum size limit for states with an active del egation of state management of the red snapper private angling component. A person subject to the private angling component bag limit under an active delegation of state management must be in compliance with the fishing li cense (permit) requirements of the state in which they intend to land the fish and may not possess red snapper in the Gulf EEZ that are smaller than may be possessed in that state. Addi tionally, fish taken by persons subject to the private angling component bag limit under state management may not be less than 14 inches (35.6 cm), TL, in the Gulf EEZ. (2) Lane snapper—8 inches (20.3 cm), TL. (3) Vermilion snapper—10 inches (25.4 cm), TL. (4) Cubera, gray, and yellowtail snap pers—12 inches (30.5 cm), TL. (5) Mutton snapper—18 inches (45.7 cm), TL. (b) Grouper—(1) Gag—24 inches (61.0 cm), TL. (2) Red grouper—(i) For a person not subject to the bag limit specified in § 622.38 (b)(2)—18 inches (45.7 cm), TL. (ii) For a person subject to the bag limit specified in § 622.38(b)(2)—20 inches (50.8 cm), TL. (3) Scamp—16 inches (40.6 cm), TL. (4) Yellowfin grouper—20 inches (50.8 cm), TL. (5) Black grouper—(i) For a person not subject to the bag limit specified in § 622.38(b)(2)—24 inches (61.0 cm), TL. (ii) For a person subject to the bag limit specified in § 622.38(b)(2)—24 inches (61.0 cm), TL. (c) Other Gulf reef fish species—(1) Gray triggerfish. (i) For a person not subject to the bag limit specified in § 622.38(b)(5)—14 inches (35.6 cm), fork length. (ii) For a person subject to the bag limit specified in § 622.38(b)(5)—15 inches (38.1 cm), fork length. (2) Hogfish in the Gulf EEZ except south of 25°09′ N. lat. off the west coast of Florida—14 inches (40.6 cm), fork length. See § 622.185(c)(3)(ii) for the hogfish size limit in the Gulf EEZ south of 25°09′ N. lat. off the west coast of Florida. (3) Banded rudderfish and lesser amberjack—14 inches (35.6 cm), fork length (minimum size); 22 inches (55.9 cm), fork length (maximum size). (4) Greater amberjack—34 inches (86.4 cm), fork length, for a fish taken by a person subject to the bag limit speci fied in § 622.38(b)(1) and 36 inches (91.4 cm), fork length, for a fish taken by a person not subject to the bag limit. (d) A person aboard a vessel that has a Federal commercial vessel permit for Gulf reef fish and commercial quan tities of Gulf reef fish, i.e., Gulf reef fish in excess of applicable bag/posses sion limits, may not possess any Gulf reef fish that do not comply with the applicable commercial minimum size limit. [78 FR 22952, Apr. 17, 2013, as amended at 80 FR 75436, Dec. 2, 2015; 81 FR 24040, Apr. 25, 2016; 82 FR 34581, July 25, 2017; 82 FR 59526, Dec. 15, 2017; 83 FR 29044, June 22, 2018; 85 FR 6824, Feb. 6, 2020] 296 50 CFR Ch. VI (10–1–22 Edition) § 622.38 § 622.38 Bag and possession limits. (a) Additional applicability provisions for Gulf reef fish. (1) Section 622.11(a) provides the general applicability for bag and possession limits. However, § 622.11(a) notwithstanding, bag and possession limits also apply for Gulf reef fish in or from the EEZ to a person aboard a vessel that has on board a commercial permit for Gulf reef fish— (i) When trawl gear or entangling net gear is on board. A vessel is considered to have trawl gear on board when trawl doors and a net are on board. Removal from the vessel of all trawl doors or all nets constitutes removal of trawl gear. (ii) When a longline or buoy gear is on board and the vessel is fishing or has fished on a trip in the reef fish longline and buoy gear restricted area specified in § 622.35(c). A vessel is con sidered to have a longline on board when a power-operated longline hauler, a cable of diameter and length suitable for use in the longline fishery, and gangions are on board. Removal of any one of these three elements, in its en tirety, constitutes removal of a longline. (iii) For a species/species group when its quota has been reached and closure has been effected, provided that no commercial quantities of Gulf reef fish, i.e., Gulf reef fish in excess of applica ble bag/possession limits, are on board as specified in paragraph (a)(2) of this section. (iv) When the vessel has on board or is tending any trap other than a stone crab trap or a spiny lobster trap. (2) A person aboard a vessel that has a Federal commercial vessel permit for Gulf reef fish and commercial quan tities of Gulf reef fish, i.e., Gulf reef fish in excess of applicable bag/posses sion limits, may not possess Gulf reef fish caught under a bag limit. (b) Bag limits—(1) Greater amberjack— 1. However, no greater amberjack may be retained by the captain or crew of a vessel operating as a charter vessel or headboat. The bag limit for such cap tain and crew is zero. (2) Groupers, combined, excluding goli ath grouper—4 per person per day, but not to exceed 1 speckled hind or 1 war saw grouper per vessel per day, or 2 gag or 2 red grouper per person per day. However, no grouper may be retained by the captain or crew of a vessel oper ating as a charter vessel or headboat. The bag limit for such captain and crew is zero. (Note: Nassau grouper in the Gulf EEZ may not be harvested or possessed, as specified in § 622.181(b)(4).) (3) Red snapper—2. However, no red snapper may be retained by the captain or crew of a vessel operating as a char ter vessel or headboat. The bag limit for such captain and crew is zero. See § 622.23(a)(1) regarding the bag limit ap plicability for states with an active delegation of state management of the red snapper private angling component. A person subject to the private angling component bag limit under an active delegation of state management must be in compliance with the fishing li cense (permit) requirements of the state in which they intend to land the fish and may not possess more red snapper in the Gulf EEZ than may be possessed in that state. (4) Snappers, combined, excluding red, lane, and vermilion snapper—10. In addi tion, within the 10-fish aggregate snap per bag limit, no more than 5 fish may be mutton snapper. (5) Gulf reef fish, combined, exclud ing those specified in paragraphs (b)(1) through (4) and paragraphs (b)(6) and (7) of this section—20. In addition, within the 20-fish aggregate reef fish bag limit, no more than 1 fish may be gray triggerfish and no more than 10 fish may be vermilion snapper. (6) Banded rudderfish and lesser amberjack, combined—5. (7) Hogfish in the Gulf EEZ except south of 25°09′ N. lat. off the west coast of Florida—5. See § 622.187(b)(3)(ii) for the hogfish bag and possession limits in the Gulf EEZ south of 25°09′ N. lat. off the west coast of Florida. (c) Possession limits for vessels with a valid Federal charter vessel/headboat per mit for reef fish. A person, or a vessel in the case of speckled hind or Warsaw grouper, on a trip that spans more than 30 hours may possess, at any time dur ing the trip, no more than two daily bag limits, provided such trip is on a vessel that is operating as a charter vessel or headboat, the vessel has two licensed operators aboard, each pas senger is issued and has in possession a receipt issued on behalf of the vessel 297 Fishery Conservation and Management § 622.39 that verifies the date and time of de parture and length of the trip, and the entire trip occurs on days when the harvest and possession of the applica ble reef fish species are allowed. [78 FR 22952, Apr. 17, 2013, as amended at 78 FR 27087, May 9, 2013; 78 FR 46822, Aug. 2, 2013; 78 FR 78775, Dec. 27, 2013; 80 FR 18553, Apr. 7, 2015; 82 FR 34581, July 25, 2017; 82 FR 59526, Dec. 15, 2017; 83 FR 29044, June 22, 2018; 85 FR 6824, Feb. 6, 2020; 86 FR 11155, Feb. 24, 2021] § 622.39 Quotas. See § 622.8 for general provisions re garding quota applicability and closure and reopening procedures. This section, provides quotas and specific quota clo sure restrictions for Gulf reef fish. (a) Gulf reef fish—(1) Commercial quotas. The following quotas apply to persons who fish under commercial ves sel permits for Gulf reef fish, as re quired under § 622.20(a)(1). (i) Commercial quota for red snap per—7.701 million lb (3.493 million kg), round weight. (ii) Deep-water groupers (DWG) have a combined quota, as specified in para graphs (a)(1)(ii)(A) through (C) of this section. These quotas are specified in gutted weight, that is eviscerated, but otherwise whole. (A) For fishing year 2014—1.110 mil lion lb (0.503 million kg). (B) For fishing year 2015—1.101 mil lion lb (0.499 million kg). (C) For fishing year 2016 and subse quent fishing years—1.024 million lb (0.464 million kg). (iii) Shallow-water groupers (SWG) have separate quotas for gag and red grouper and a combined quota for other shallow-water grouper (Other SWG) species (including black grouper, scamp, yellowfin grouper, and yellowmouth grouper), as specified in paragraphs (a)(1)(iii)(A) through (C) of this section. These quotas are specified in gutted weight, that is, eviscerated but otherwise whole. (A) Other SWG combined. (1) For fish ing year 2014—523,000 lb (237,229 kg). (2) For fishing year 2015 and subse quent fishing years—525,000 lb (238,136 kg). (B) Gag. (1) For fishing year 2012— 0.567 million lb (0.257 million kg). (2) For fishing year 2013—0.708 mil lion lb (0.321 million kg). (3) For fishing year 2014—0.835 mil lion lb (0.378 million kg). (4) For fishing year 2015 and subse quent fishing years—0.939 million lb (0.426 million kg). (C) Red grouper. 2.79 million lb (1.27 million kg). (iv) Tilefishes (including goldface tilefish, blueline tilefish, and tilefish)— 582,000 lb (263,991 kg), gutted weight, that is, eviscerated but otherwise whole. (v) Greater amberjack—(A) For fish ing year 2018—277,651 lb (125,940.38 kg), round weight. (B) For fishing year 2019—349,766 lb (158,651 kg), round weight. (C) For fishing year 2020 and subse quent years—421,411 lb (191,149 kg), round weight. (vi) Gray triggerfish—88,273 lb (40,040 kg), round weight. (2) Recreational quotas. The following quotas apply to persons who fish for Gulf reef fish other than under com mercial vessel permits for Gulf reef fish and the applicable commercial quotas specified in paragraph (a)(1) of this section. (i) Recreational quota for red snapper— (A) Total recreational. The total rec reational quota is 7.399 million lb (3.356 million kg), round weight. (B) Federal charter vessel/headboat component quota. The Federal charter vessel/headboat component quota ap plies to vessels that have been issued a valid Federal charter vessel/headboat permit for Gulf reef fish any time dur ing the fishing year. A person aboard a vessel that has been issued a charter vessel/headboat permit for Gulf reef fish any time during the fishing year may not harvest or possess red snapper in or from the Gulf EEZ when the Fed eral charter vessel/headboat compo nent is closed. The Federal charter ves sel/headboat component quota is 3.130 million lb (1.420 million kg), round weight. (C) Private angling component quota. The private angling component quota applies to vessels that fish under the bag limit and have not been issued a Federal charter vessel/headboat permit for Gulf reef fish any time during the 298 50 CFR Ch. VI (10–1–22 Edition) § 622.40 fishing year. The private angling com ponent quota is 4.269 million lb (1.936 million kg), round weight. (ii) Recreational quota for greater amberjack. (A) For the 2017–2018 fishing year—716,173 lb (324,851 kg). (B) For the 2018–2019 fishing year— 902,185 lb (409,224 kg). (C) For the 2019–2020 fishing year and subsequent fishing years—1,086,985 lb (493,048 kg). (b) Restrictions applicable after a com mercial quota closure. (1) If the rec reational fishery for the indicated spe cies is open, the bag and possession limits specified in § 622.38(b) and (c) apply to all harvest or possession in or from the Gulf EEZ of the indicated spe cies, and the sale or purchase of the in dicated species taken from the Gulf EEZ is prohibited. In addition, the bag and possession limits for red snapper, when applicable, apply on board a ves sel for which a commercial permit for Gulf reef fish has been issued, as re quired under § 622.20(a)(1), without re gard to where such red snapper were harvested. The application of bag lim its described in this paragraph (b)(1) notwithstanding, bag limits of Gulf reef fish may not be possessed on board a vessel with commercial quantities of Gulf reef fish, i.e., Gulf reef fish in ex cess of applicable bag/possession limits, on board, as specified in § 622.38(a)(2). The prohibition on sale/purchase dur ing a closure for Gulf reef fish does not apply to Gulf reef fish that were har vested, landed ashore, and sold prior to the effective date of the closure and were held in cold storage by a dealer or processor. (2) If the recreational fishery for the indicated species is closed, all harvest or possession in or from the Gulf EEZ of the indicated species is prohibited. (c) Restrictions applicable after a rec reational quota closure or recreational component quota closure. The bag limit for the applicable species for the rec reational sector or recreational sector component in or from the Gulf EEZ is zero. When the Federal charter vessel/ headboat component is closed or the entire recreational sector is closed, this bag and possession limit applies in the Gulf on board a vessel for which a valid Federal charter vessel/headboat permit for Gulf reef fish has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. [78 FR 22952, Apr. 17, 2013] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 622.39, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 622.40 Restrictions on sale/purchase. The restrictions in this section are in addition to the restrictions on sale/pur chase related to quota closures as spec ified in § 622.39(b) and (c). (a) A Gulf reef fish harvested in the EEZ on board a vessel that does not have a valid commercial permit for Gulf reef fish, as required under § 622.20(a)(1), or a Gulf reef fish pos sessed under the bag limits specified in § 622.38(b), may not be sold or pur chased. (b) A Gulf reef fish harvested in or from the EEZ or adjoining state waters by a vessel that has a valid commercial vessel permit for Gulf reef fish may be sold or transferred only to a dealer who has a valid Gulf and South Atlantic dealer permit, as required under § 622.20(c)(1). (c) A Gulf reef fish harvested in or from the EEZ may be first received by a dealer who has a valid Gulf and South Atlantic dealer permit, as re quired under § 622.20(c)(1), only from a vessel that has a valid commercial ves sel permit for Gulf reef fish. [78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19494, Apr. 9, 2014] § 622.41 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs). (a) Greater amberjack—(1) Commercial sector. (i) If commercial landings, as es timated by the SRD, reach or are pro jected to reach the annual catch target (ACT) specified in § 622.39(a)(1)(v)(commercial quota), the Assistant Administrator for Fisheries, NOAA, (AA) will file a notification with the Office of the Federal Register to close the commercial sector for the remainder of the fishing year. 299 Fishery Conservation and Management § 622.41 (ii) In addition to the measures speci fied in paragraph (a)(1)(i) of this sec tion, if commercial landings, as esti mated by the SRD, exceed the commer cial ACL, as specified in (a)(1)(iii) of this section, the AA will file a notifica tion with the Office of the Federal Reg ister, at or near the beginning of the following fishing year to reduce the commercial ACT (commercial quota) and the commercial ACL for that fol lowing year by the amount of any com mercial ACL overage in the prior fish ing year. (iii) The commercial ACL for greater amberjack, in round weight, is 319,140 lb (144,759 kg), for 2018, 402,030 lb (182,358 kg), for 2019, and 484,380 lb (219,711 kg), for 2020 and subsequent fishing years. (2) Recreational sector. (i) If rec reational landings, as estimated by the SRD, reach or are projected to reach the ACT specified in § 622.39(a)(2)(ii) (recreational quota), the AA will file a notification with the Office of the Fed eral Register to close the recreational sector for the remainder of the fishing year. (ii) In addition to the measures speci fied in paragraph (a)(2)(i) of this sec tion, if recreational landings, as esti mated by the SRD, exceed the rec reational ACL, as specified in para graph (a)(2)(iii) of this section, the AA will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year to reduce the recreational ACT (rec reational quota) and the recreational ACL for that following year by the amount of any recreational overage in the prior fishing year. (iii) The applicable recreational ACL for greater amberjack, in round weight, is 862,860 lb (391,387 kg) for the 2017–2018 fishing year, 1,086,970 lb (493,041 kg) for the 2018–2019 fishing year, and 1,309,620 lb (594,034 kg) for 2019–2020 fishing year and subsequent fishing years. (b) Gray triggerfish—(1) Commercial sector. If commercial landings, as esti mated by the SRD, reach or are pro jected to reach the commercial ACT (commercial quota) specified in § 622.39(a)(1)(vi), the AA will file a noti fication with the Office of the Federal Register to close the commercial sec tor for the remainder of the fishing year. In addition, if despite such clo sure, commercial landings exceed the commercial ACL, the AA will file a no tification with the Office of the Fed eral Register, at or near the beginning of the following fishing year to reduce the commercial ACL and ACT (com mercial quota) for that following year by the amount the prior-year ACL was exceeded. The commercial ACL is 95,949 lb (43,522 kg), round weight. (2) Recreational sector. (i) Without re gard to overfished status, if gray triggerfish recreational landings, as es timated by the SRD, reach or are pro jected to reach the applicable ACT specified in paragraph (b)(2)(iii) of this section, the AA will file a notification with the Office of the Federal Register, to close the recreational sector for the remainder of the fishing year. On and after the effective date of such a notifi cation, the bag and possession limit of gray triggerfish in or from the Gulf EEZ is zero. This bag and possession limit applies in the Gulf on board a vessel for which a valid Federal charter vessel/headboat permit for Gulf reef fish has been issued, without regard to where such species were harvested, i.e. in state or Federal waters. (ii) In addition to the measures speci fied in paragraphs (b)(2)(i) of this sec tion, if gray triggerfish recreational landings, as estimated by the SRD, ex ceed the applicable ACL specified in paragraph (b)(2)(iii) of this section, and gray triggerfish are overfished, based on the most recent Status of U.S. Fish eries Report to Congress, the AA will file a notification with the Office of the Federal Register, at or near the begin ning of the following fishing year to re duce the ACL and the ACT for that fol lowing year by the amount of the ACL overage in the prior fishing year, un less the best scientific information available determines that a greater, lesser, or no overage adjustment is nec essary. (iii) The recreational ACL for gray triggerfish is 360,951 lb (163,725 kg), round weight. The recreational ACT for gray triggerfish is 274,323 lb (124,431 kg), round weight. (c) Other shallow-water grouper (Other SWG) combined (including black grouper, scamp, yellowfin grouper, and yellowmouth grouper)—(1) Commercial 300 50 CFR Ch. VI (10–1–22 Edition) § 622.41 sector. The IFQ program for groupers and tilefishes in the Gulf of Mexico serves as the accountability measure for commercial Other SWG. The com mercial ACT for Other SWG is equal to the applicable quota specified in § 622.39(a)(1)(iii)(A). The commercial ACL for Other SWG, in gutted weight, is 545,000 lb (247,208 kg) for 2014, and 547,000 lb (248,115 kg) for 2015 and subse quent fishing years. (2) Recreational sector. If the sum of the commercial and recreational land ings, as estimated by the SRD, exceeds the stock complex ACL specified in paragraph (c)(3) of this section, then during the following fishing year, if the sum of the commercial and rec reational landings reaches or is pro jected to reach the applicable ACL specified in paragraph (c)(3) of this sec tion, the AA will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of that fishing year. (3) The stock complex ACLs for Other SWG, in gutted weight, are 688,000 lb (312,072 kg) for 2012, 700,000 lb (317,515 kg) for 2013, 707,000 lb (320,690 kg) for 2014, and 710,000 lb (322,051 kg) for 2015 and subsequent years. (d) Gag—(1) Commercial sector. The IFQ program for groupers and tilefishes in the Gulf of Mexico serves as the ac countability measure for commercial gag. The applicable commercial ACLs for gag, in gutted weight, are 0.788 mil lion lb (0.357 million kg) for 2012, 0.956 million lb (0.434 million kg) for 2013, 1.100 million lb (0.499 million kg) for 2014, and 1.217 million lb (0.552 million kg) for 2015 and subsequent fishing years. (2) Recreational sector. (i) Without re gard to overfished status, if gag rec reational landings, as estimated by the SRD, reach or are projected to reach the applicable ACLs specified in para graph (d)(2)(iv) of this section, the AA will file a notification with the Office of the Federal Register, to close the recreational sector for the remainder of the fishing year. On and after the ef fective date of such a notification, the bag and possession limit of gag in or from the Gulf EEZ is zero. This bag and possession limit applies in the Gulf on board a vessel for which a valid Federal charter vessel/headboat permit for Gulf reef fish has been issued, without re gard to where such species were har vested, i.e. in state or Federal waters. (ii) Without regard to overfished sta tus, and in addition to the measures specified in paragraph (d)(2)(i) of this section, if gag recreational landings, as estimated by the SRD, exceed the ap plicable ACLs specified in paragraph (d)(2)(iv) of this section, the AA will file a notification with the Office of the Federal Register to maintain the gag ACT, specified in paragraph (d)(2)(iv) of this section, for that following fishing year at the level of the prior year’s ACT, unless the best scientific infor mation available determines that maintaining the prior year’s ACT is unnecessary. In addition, the notifica tion will reduce the length of the rec reational gag fishing season the fol lowing fishing year by the amount nec essary to ensure gag recreational land ings do not exceed the recreational ACT in the following fishing year. (iii) If gag are overfished, based on the most recent status of U.S. Fish eries Report to Congress, and gag rec reational landings, as estimated by the SRD, exceed the applicable ACL speci fied in paragraph (d)(2)(iv) of this sec tion, the following measures will apply. In addition to the measures specified in paragraphs (d)(2)(i) and (ii) of this sec tion, the AA will file a notification with the Office of the Federal Register, at or near the beginning of the fol lowing fishing year to reduce the ACL for that following year by the amount of the ACL overage in the prior fishing year, and reduce the ACT, as deter mined in paragraph (d)(2)(ii) of this section, by the amount of the ACL overage in the prior fishing year, un less the best scientific information available determines that a greater, lesser, or no overage adjustment is nec essary. (iv) The applicable recreational ACLs for gag, in gutted weight, are 1.232 mil lion lb (0.559 million kg) for 2012, 1.495 million lb (0.678 million kg) for 2013, 1.720 million lb (0.780 million kg) for 2014, and 1.903 million lb (0.863 million kg) for 2015 and subsequent fishing years. The recreational ACTs for gag, in gutted weight, are 1.031 million lb (0.468 million kg) for 2012, 1.287 million 301 Fishery Conservation and Management § 622.41 lb (0.584 million kg) for 2013, 1.519 mil lion lb (0.689 million kg) for 2014, and 1.708 million lb (0.775 million kg) for 2015 and subsequent fishing years. (e) Red grouper—(1) Commercial sector. The IFQ program for groupers and tilefishes in the Gulf of Mexico serves as the accountability measure for com mercial red grouper. The commercial ACT for red grouper is equal to the ap plicable quota specified in § 622.39(a)(1)(iii)(C). The commercial ACL for red grouper in gutted weight is 2.94 million lb (1.33 million kg). (2) Recreational sector. (i) Without re gard to overfished status, if red group er recreational landings, as estimated by the SRD, reach or are projected to reach the applicable ACL specified in paragraph (e)(2)(iv) of this section, the AA will file a notification with the Of fice of the Federal Register, to close the recreational sector for the remain der of the fishing year. On and after the effective date of such a notifica tion, the bag and possession limit of red grouper in or from the Gulf EEZ is zero. This bag and possession limit ap plies in the Gulf on board a vessel for which a valid Federal charter vessel/ headboat permit for Gulf reef fish has been issued, without regard to where such species were harvested, i.e. in state or Federal waters. (ii) Without regard to overfished sta tus, and in addition to the measures specified in paragraph (e)(2)(i) of this section, if red grouper recreational landings, as estimated by the SRD, ex ceed the applicable ACL specified in paragraph (e)(2)(iv) of this section, the AA will file a notification with the Of fice of the Federal Register to main tain the red grouper ACT, specified in paragraph (e)(2)(iv) of this section, for that following fishing year at the level of the prior year’s ACT, unless the best scientific information available deter mines that maintaining the prior year’s ACT is unnecessary. In addition, the notification will reduce the length of the recreational red grouper fishing season the following fishing year by the amount necessary to ensure red grouper recreational landings do not exceed the recreational ACT in the fol lowing fishing year. (iii) If red grouper are overfished, based on the most recent Status of U.S. Fisheries Report to Congress, and red grouper recreational landings, as esti mated by the SRD, exceed the applica ble ACL specified in paragraph (e)(2)(iv) of this section, the following measures will apply. In addition to the measures specified in paragraphs (e)(2)(i) and (ii) of this section, the AA will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year to reduce the ACL for that following year by the amount of the ACL overage in the prior fishing year, and reduce the ACT, as determined in paragraph (e)(2)(ii) of this section, by the amount of the ACL overage in the prior fishing year, unless the best scientific infor mation available determines that a greater, lesser, or no overage adjust ment is necessary. (iv) The recreational ACL for red grouper in gutted weight is 2.02 million lb (0.92 million kg). The recreational ACT for red grouper in gutted weight is 1.84 million lb (0.83 million kg). (f) Deep-water grouper (DWG) combined (including yellowedge grouper, warsaw grouper, snowy grouper, and speckled hind)—(1) Commercial sector. The IFQ program for groupers and tilefishes in the Gulf of Mexico serves as the ac countability measure for commercial DWG. The commercial ACT for DWG is equal to the applicable quota specified in § 622.39(a)(1)(ii). The commercial ACL for DWG, in gutted weight, is 1.160 million lb (0.526 million kg) for 2014, 1.150 million lb (0.522 million kg) for 2015, and 1.070 million lb (0.485 million kg) for 2016 and subsequent fishing years. (2) Recreational sector. If the sum of the commercial and recreational land ings, as estimated by the SRD, exceeds the stock complex ACL specified in paragraph (f)(3) of this section, then during the following fishing year, if the sum of commercial and recreational landings reaches or is projected to reach the applicable ACL specified in paragraph (f)(3) of this section, the AA will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of that fishing year. (3) The stock complex ACLs for DWG, in gutted weight, are 1.216 million lb (0.552 million kg) for 2012, 1.207 million 302 50 CFR Ch. VI (10–1–22 Edition) § 622.41 lb (0.547 million kg) for 2013, 1.198 mil lion lb (0.543 million kg) for 2014, 1.189 million lb (0.539 million kg) for 2015, and 1.105 million lb (0.501 million kg) for 2016 and subsequent years. (g) Tilefishes combined (including goldface tilefish, blueline tilefish, and tilefish)—(1) Commercial sector. The IFQ program for groupers and tilefishes in the Gulf of Mexico serves as the ac countability measure for commercial tilefishes. The commercial ACT for tilefishes is equal to the quota speci fied in § 622.39(a)(1)(iv). The commercial ACL for tilefishes, in gutted weight, is 606,000 lb (274,877 kg). (2) Recreational sector. If the sum of the commercial and recreational land ings, as estimated by the SRD, exceeds the stock complex ACL specified in paragraph (g)(3) of this section, then during the following fishing year, if the sum of commercial and recreational landings reaches or is projected to reach the applicable ACL specified in paragraph (g)(3) of this section, the AA will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of that fishing year. (3) The stock complex ACL for tilefishes is 608,000 lb (275,784 kg), gut ted weight. (h) Lesser amberjack, almaco jack, and banded rudderfish, combined. If the sum of the commercial and recreational landings, as estimated by the SRD, ex ceeds the stock complex ACL, then during the following fishing year, if the sum of commercial and recreational landings reaches or is projected to reach the stock complex ACL, the AA will file a notification with the Office of the Federal Register to close the commercial and recreational sectors for the remainder of that fishing year. The stock complex ACL for lesser amberjack, almaco jack, and banded rudderfish, is 312,000 lb (141,521 kg), round weight. (i) Silk snapper, queen snapper, blackfin snapper, and wenchman, com bined. If the sum of the commercial and recreational landings, as estimated by the SRD, exceeds the stock complex ACL, then during the following fishing year, if the sum of commercial and rec reational landings reaches or is pro jected to reach the stock complex ACL, the AA will file a notification with the Office of the Federal Register to close the commercial and recreational sec tors for the remainder of that fishing year. The stock complex ACL for silk snapper, queen snapper, blackfin snap per, and wenchman, is 166,000 lb (75,296 kg), round weight. (j) Vermilion snapper. If the sum of the commercial and recreational land ings, as estimated by the SRD, reaches or is projected to reach the stock ACL, the AA will file a notification with the Office of the Federal Register to close the commercial and recreational sec tors for the remainder of the fishing year. The stock ACL for vermilion snapper is 3.11 million lb (1.41 million kg), round weight. (k) Lane snapper. If the sum of the commercial and recreational landings, as estimated by the SRD, reaches or is projected to reach the stock ACL, as specified in this paragraph (k), the AA will file a notification with the Office of the Federal Register to close the commercial and recreational sectors for the remainder of the fishing year. The stock ACL for lane snapper is 1,028,973 lb (466,734 kg), round weight. (l) Gray snapper. If the sum of the commercial and recreational landings, as estimated by the SRD, exceeds the stock ACL, then during the following fishing year, if the sum of commercial and recreational landings reaches or is projected to reach the stock ACL, the AA will file a notification with the Of fice of the Federal Register to close the commercial and recreational sectors for the remainder of that fishing year. The stock ACL for gray snapper, in round weight, is 2.24 million lb (1.02 million kg) for the 2020 fishing year, and 2.23 million lb (1.01 million kg) for the 2021 and subsequent fishing years. (m) Cubera snapper. If the sum of the commercial and recreational landings, as estimated by the SRD, exceeds the stock ACL, then during the following fishing year, if the sum of commercial and recreational landings reaches or is projected to reach the stock ACL, the AA will file a notification with the Of fice of the Federal Register to close the commercial and recreational sectors for the remainder of that fishing year. The stock ACL for cubera snapper is 5,065 lb (2,297 kg), round weight. 303 Fishery Conservation and Management § 622.41 (n) Yellowtail snapper. If the sum of the commercial and recreational land ings, as estimated by the SRD, exceeds the stock ACL, then during the fol lowing fishing year, if the sum of com mercial and recreational landings reaches or is projected to reach the stock ACL, the AA will file a notifica tion with the Office of the Federal Reg ister to close the commercial and rec reational sectors for the remainder of that fishing year. The stock ACL for yellowtail snapper is 901,125 lb (408,743 kg), round weight. (o) Mutton snapper. If the sum of the commercial and recreational landings, as estimated by the SRD, exceeds the stock ACL, then during the following fishing year, if the sum of commercial and recreational landings reaches or is projected to reach the stock ACL, the AA will file a notification with the Of fice of the Federal Register to close the commercial and recreational sectors for the remainder of that fishing year. The stock ACL for mutton snapper, in round weight, is 134,424 lb (60,974 kg) for 2018, 139,392 lb (63,227 kg) for 2019, and 143,694 lb (65,179 kg) for 2020 and subse quent fishing years. (p) Hogfish in the Gulf EEZ except south of 25°09′ N lat. off the west coast of Florida. If the sum of the commercial and recreational landings, as estimated by the SRD, exceeds the stock ACL, then during the following fishing year, if the sum of commercial and rec reational landings reaches or is pro jected to reach the stock ACL, the AA will file a notification with the Office of the Federal Register to close the commercial and recreational sectors for the remainder of that fishing year. The stock ACL for hogfish, in round weight, in the Gulf EEZ except south of 25°09′ N lat. off the west coast of Flor ida, is 129,500 lb (58,740 kg), for the 2019 fishing year, 141,300 lb (64,093 kg), for the 2020 fishing year, and 150,400 lb (68,220 kg) for the 2021 fishing year and subsequent fishing years. See § 622.193(u)(2) for the ACLs, ACT, and AMs for hogfish in the Gulf EEZ south of 25°09′ N lat. off the west coast of Florida. (q) Red snapper—(1) Commercial sector. The IFQ program for red snapper in the Gulf of Mexico serves as the account ability measure for commercial red snapper. The commercial ACL for red snapper is equal to the applicable com mercial quota specified in § 622.39(a)(1)(i). (2) Recreational sector. (i) The rec reational ACL is equal to the total rec reational quota specified in § 622.39(a)(2)(i)(A). The AA will deter mine the length of the red snapper rec reational fishing season, or rec reational fishing seasons for the Fed eral charter vessel/headboat and pri vate angling components, based on when recreational landings are pro jected to reach the recreational ACT, or respective recreational component ACT specified in paragraph (q)(2)(iii) of this section, and announce the closure date(s) in the FEDERAL REGISTER. These seasons will serve as in-season accountability measures. On and after the effective date of the recreational closure or recreational component clo sure notifications, the bag and posses sion limit for red snapper or for the re spective component is zero. When the recreational sector or Federal charter vessel/headboat component is closed, this bag and possession limit applies in the Gulf on board a vessel for which a valid Federal charter vessel/headboat permit for Gulf reef fish has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. See § 622.23 (a)(1) re garding the fishing season for the pri vate angling component for states with an active delegation. (ii) In addition to the measures speci fied in paragraph (q)(2)(i) of this sec tion, if red snapper recreational land ings, as estimated by the SRD, exceed the total recreational quota specified in § 622.39(a)(2)(i)(A), and red snapper are overfished, based on the most re cent Status of U.S. Fisheries Report to Congress, the AA will file a notifica tion with the Office of the Federal Reg ister to reduce the total recreational quota by the amount of the quota over age in the prior fishing year, and re duce the applicable recreational com ponent quota(s) specified in § 622.39(a)(2)(i)(B) and (C) and the appli cable recreational component ACT(s) specified in paragraph (q)(2)(iii) of this section (based on the buffer between the total recreational ACT and the total recreational quota specified in 304 50 CFR Ch. VI (10–1–22 Edition) § 622.42 the FMP), unless NMFS determines based upon the best scientific informa tion available that a greater, lesser, or no overage adjustment is necessary. (iii) Recreational ACTs. (A) [Reserved] (B) Federal charter vessel/headboat component ACT. The Federal charter vessel/headboat component ACT ap plies to vessels that have been issued a valid Federal charter vessel/headboat permit for Gulf reef fish any time dur ing the fishing year. A person aboard a vessel that has been issued a charter vessel/headboat permit for Gulf reef fish any time during the fishing year may not harvest or possess red snapper in or from the Gulf EEZ when the Fed eral charter vessel/headboat compo nent is closed. The component ACT is 2.848 million lb (1.292 million kg), round weight. (C) Private angling component ACT. The private angling component ACT applies to vessels that fish under the bag limit and have not been issued a Federal charter vessel/headboat permit for Gulf reef fish any time during the fishing year. The component ACT is 3.415 million lb (1.549 million kg), round weight. [78 FR 22952, Apr. 17, 2013] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 622.41, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 622.42 Adjustment of management measures. In accordance with the framework procedures of the FMP for the Reef Fish Resources of the Gulf of Mexico, the RA may establish or modify the items specified in paragraph (a) of this section for Gulf reef fish, or paragraph (b) of this section for sea turtles and other protected species. (a) For a species or species group: Re porting and monitoring requirements, permitting requirements, bag and pos session limits (including a bag limit of zero), size limits, vessel trip limits, closed seasons or areas and reopenings, annual catch limits (ACLs), annual catch targets (ACTs), quotas (including a quota of zero), accountability meas ures (AMs), MSY (or proxy), OY, man agement parameters such as overfished and overfishing definitions, gear re strictions (ranging from regulation to complete prohibition), gear markings and identification, vessel markings and identification, acceptable biological catch (ABC) and ABC control rules, re building plans, and restrictions rel ative to conditions of harvested fish (maintaining fish in whole condition, use as bait). (b) Possession, specifications, and use of required release gear and handling requirements for sea turtles and other protected species. [78 FR 22952, Apr. 17, 2013, as amended at 84 FR 22386, May 17, 2019] § 622.43 Commercial trip limits. Commercial trip limits are limits on the amount of the applicable species that may be possessed on board or landed, purchased, or sold from a vessel per day. A person who fishes in the EEZ may not combine a trip limit specified in this section with any trip or possession limit applicable to state waters. A species subject to a trip limit specified in this section taken in the EEZ may not be transferred at sea, re gardless of where such transfer takes place, and such species may not be transferred in the EEZ. Commercial trip limits apply as follows: (a) Gulf greater amberjack. (1) Until 75 percent of the quota specified in § 622.39(a)(1)(v) is reached, 1,000 lb (454 kg), gutted weight; 1,040 lb (472 kg), round weight. (2) After 75 percent of the quota is reached or projected to be reached, 250 lb (113 kg), gutted weight; 260 lb (118 kg), round weight. See § 622.39(b) for the limitations regarding greater amberjack after the quota is reached. When the conditions in this paragraph (a)(2) have been reached, the Assistant Administrator will implement this trip limit change by filing a notification with the Office of the Federal Register. (b) Gray triggerfish. Until the com mercial ACT (commercial quota) speci fied in § 622.39(a)(1)(vi) is reached—16 fish. See § 622.39(b) for the limitations regarding gray triggerfish after the commercial ACT (commercial quota) is reached. 305 Fishery Conservation and Management § 622.50 (c) Hogfish in the Gulf EEZ south of 25°09′ N. lat. off the west coast of Flor ida—see § 622.191(a)(12)(ii) for the com mercial trip limit. [78 FR 22952, Apr. 17, 2013, as amended at 78 FR 27087, May 9, 2013; 80 FR 75436, Dec. 2, 2015; 82 FR 34581, July 25, 2017; 82 FR 59526, Dec. 15, 2017; 85 FR 20614, Apr. 14, 2020] Subpart C—Shrimp Fishery of the Gulf of Mexico § 622.50 Permits, permit moratorium, and endorsements. (a) Gulf shrimp permit. For a person aboard a vessel to fish for shrimp in the Gulf EEZ or possess shrimp in or from the Gulf EEZ, a commercial ves sel permit for Gulf shrimp must have been issued to the vessel and must be on board. See paragraph (b) of this sec tion regarding a moratorium on com mercial vessel permits for Gulf shrimp and the associated provisions. See paragraph (c) of this section, regarding an additional endorsement require ment related to royal red shrimp. (b) Moratorium on commercial vessel permits for Gulf shrimp. The provisions of this paragraph (b) are applicable through October 26, 2026. (1) Moratorium permits are required. The only valid commercial vessel per mits for Gulf shrimp are commercial vessel moratorium permits for Gulf shrimp. In accordance with the proce dures specified in the Fishery Manage ment Plan for the Shrimp Fishery of the Gulf of Mexico (Gulf Shrimp FMP), all commercial vessel moratorium per mits for Gulf shrimp have been issued. No additional permits will be issued. (2) Permit transferability. Commercial vessel moratorium permits for Gulf shrimp are fully transferable, with or without the sale of the vessel. To re quest that the RA transfer a commer cial vessel moratorium permit for Gulf shrimp, the owner of a vessel that is to receive the transferred permit must complete the transfer information on the reverse of the permit and return the permit and a completed application for transfer to the RA. Transfer docu ments must be notarized as specified in § 622.4(f)(1). (3) Renewal. (i) Renewal of a commer cial vessel moratorium permit for Gulf shrimp is contingent upon compliance with the recordkeeping and reporting requirements for Gulf shrimp specified in § 622.51(a). (ii) Except as provided for in para graph (b)(3)(iii) of this section, a com mercial vessel moratorium permit for Gulf shrimp that is not renewed will be terminated and will not be reissued during the moratorium. A permit is considered to be not renewed when an application for renewal, as required, is not received by the RA within 1 year of the expiration date of the permit. (iii) When NMFS has determined that the number of commercial vessel mora torium permits for Gulf shrimp has reached the threshold number of per mits as described in the FMP, then a commercial vessel moratorium permit for Gulf shrimp that is not renewed will be converted to a Gulf shrimp re serve pool permit and held by NMFS for possible reissuance. Gulf shrimp re serve pool permits will not be issued until eligibility requirements are de veloped and implemented through sub sequent rulemaking. (c) Gulf royal red shrimp endorsement. For a person aboard a vessel to fish for royal red shrimp in the Gulf EEZ or possess royal red shrimp in or from the Gulf EEZ, a commercial vessel permit for Gulf shrimp with a Gulf royal red shrimp endorsement must be issued to the vessel and must be on board. (d) Permit procedures. See § 622.4 for information regarding general permit procedures including, but not limited to, application, fees, duration, transfer, renewal, display, sanctions and denials, and replacement. (e) Gulf shrimp transit provision. A ves sel that does not have a valid Gulf shrimp moratorium permit, as de scribed in paragraphs (a) and (b) of this section, may possess Gulf shrimp when in transit in the Gulf EEZ provided that the shrimp fishing gear is appro priately stowed. For the purposes of this paragraph, transit means non-stop progression through the Gulf EEZ. Fishing gear appropriately stowed means trawl doors and nets must be out of the water and the bag straps must be removed from the net. [78 FR 22952, Apr. 17, 2013, as amended at 81 FR 47735, July 22, 2016; 82 FR 60567, Dec. 21, 2017]