50 CFR Part 622

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR Part 622 (July 1, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 50 —Wildlife and Fisheries
Chapter VI —Fishery Conservation and Management, National Oceanic and Atmospheric
Administration, Department of Commerce
Part 622 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
Subpart A General Provisions
§ 622.1 Purpose and scope.
§ 622.2 Definitions and acronyms.
§ 622.3 Relation to other laws and regulations.
§ 622.4 Permits and fees—general.
§ 622.5 Recordkeeping and reporting—general.
§ 622.6 Vessel identification.
§ 622.7 Fishing years.
§ 622.8 Quotas—general.
§ 622.9 Prohibited gear and methods—general.
§ 622.10 Landing fish intact—-general.
§ 622.11 Bag and possession limits—general applicability.
§ 622.12 [Reserved]
§ 622.13 Prohibitions—general.
§ 622.14 [Reserved]
§ 622.15 Notice regarding area closures to protect corals.
§ 622.16 Notice regarding South Atlantic special management zones (SMZs).
§ 622.17 Notice regarding seasonal/area closures to protect Gulf reef fish.
§ 622.19 Incorporation by reference.
Subpart B Reef Fish Resources of the Gulf of Mexico
§ 622.20 Permits and endorsements.
§ 622.21 Individual fishing quota (IFQ) program for Gulf red snapper.
§ 622.22 Individual fishing quota (IFQ) program for Gulf groupers and tilefishes.
§ 622.23 State management of the red snapper recreational sector private angling component
in the Gulf EEZ.
§ 622.24 [Reserved]
§ 622.25 Exemptions for Gulf groundfish trawling.
§ 622.26 Recordkeeping and reporting.
§ 622.27 At-sea observer coverage.
§ 622.28 Vessel monitoring systems (VMSs).
§ 622.29 Conservation measures for protected resources.
§ 622.30 Required fishing gear.
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50 CFR Part 622 (up to date as of 7/01/2024)
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50 CFR Part 622 (July 1, 2024)

§ 622.31
§ 622.32
§ 622.33
§ 622.34
§ 622.35
§ 622.36
§ 622.37
§ 622.38
§ 622.39
§ 622.40
§ 622.41

Buoy gear identification.
Prohibited gear and methods.
Prohibited species.
Seasonal and area closures designed to protect Gulf reef fish.
Gear restricted areas.
Seasonal harvest limitations.
Size limits.
Bag and possession limits.
Quotas.
Restrictions on sale/purchase.
Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures
(AMs).
§ 622.42 Adjustment of management measures.
§ 622.43 Commercial trip limits.
Subpart C Shrimp Fishery of the Gulf of Mexico
§ 622.50 Permits, permit moratorium, and endorsements.
§ 622.51 Recordkeeping and reporting.
§ 622.52 At-sea observer coverage.
§ 622.53 Bycatch reduction device (BRD) requirements.
§ 622.54 Prohibited gear and methods.
§ 622.55 Closed areas.
§ 622.56 Size limits.
§ 622.57 [Reserved]
§ 622.58 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures
(AMs).
§ 622.59 Prevention of gear conflicts.
§ 622.60 Adjustment of management measures.
Subpart D Coral and Coral Reefs of the Gulf of Mexico
§ 622.70 Permits.
§ 622.71 Recordkeeping and reporting.
§ 622.72 Prohibited gear and methods.
§ 622.73 Prohibited species.
§ 622.74 Area closures to protect Gulf corals.
§ 622.75 Harvest limitations.
§ 622.76 Restrictions on sale/purchase.
§ 622.77 Adjustment of management measures.
Subpart E Red Drum Fishery of the Gulf of Mexico
§ 622.90 Permits.
§ 622.91 Recordkeeping and reporting.
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§ 622.92 Prohibited species.
§ 622.93 Adjustment of management measures.
Subpart F Offshore Marine Aquaculture in the Gulf of Mexico
§ 622.100 General.
§ 622.101 Permits.
§ 622.102 Recordkeeping and reporting.
§ 622.103 Aquaculture facilities.
§ 622.104 Restricted access zones.
§ 622.105 Allowable aquaculture systems and species.
§ 622.106 Aquaculture operations.
§ 622.107 Limitation on aquaculture production.
§ 622.108 Remedial actions.
§ 622.109 Adjustment of management measures.
Subparts G-H [Reserved]

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Subpart I Snapper-Grouper Fishery of the South Atlantic Region
§ 622.170 Permits and endorsements.
§ 622.171 South Atlantic snapper-grouper limited access.
§ 622.172 Wreckfish individual transferable quota (ITQ) system.
§§ 622.173-622.175 [Reserved]
§ 622.176 Recordkeeping and reporting.
§ 622.177 Gear identification.
§ 622.178 At-sea observer coverage.
§ 622.179 Conservation measures for protected resources.
§ 622.180 Prohibited gear and methods.
§ 622.181 Prohibited and limited-harvest species.
§ 622.182 Gear-restricted areas.
§ 622.183 Area and seasonal closures.
§ 622.184 [Reserved]
§ 622.185 Size limits.
§ 622.186 Landing fish intact.
§ 622.187 Bag and possession limits.
§ 622.188 Required gear, authorized gear, and unauthorized gear.
§ 622.189 Restrictions and requirements for sea bass pots.
§ 622.190 Quotas.
§ 622.191 Commercial trip limits.
§ 622.192 Restrictions on sale/purchase.
§ 622.193 Annual catch limits (ACLs) and accountability measures (AMs).
§ 622.194 Adjustment of management measures.
Subpart J Shrimp Fishery of the South Atlantic Region
§ 622.200 Permits.
§ 622.201 South Atlantic rock shrimp limited access.
§ 622.202 [Reserved]
§ 622.203 Recordkeeping and reporting.
§ 622.204 At-sea observer coverage.
§ 622.205 Vessel monitoring systems (VMSs).
§ 622.206 Area and seasonal closures.
§ 622.207 Bycatch Reduction Device (BRD) requirements.
§ 622.208 Minimum mesh size applicable to rock shrimp off Georgia and Florida.
§ 622.209 Restrictions on sale/purchase.
§ 622.210 Adjustment of management measures.
Subpart K Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic
Region
§ 622.220 Permits.
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§ 622.221 Recordkeeping and reporting.
§ 622.222 Prohibited gear and methods.
§ 622.223 Prohibited species.
§ 622.224 Area closures to protect South Atlantic corals.
§ 622.225 Harvest limitations.
§ 622.226 Restrictions on sale/purchase.
§ 622.227 Adjustment of management measures.
Subpart L Golden Crab Fishery of the South Atlantic Region
§ 622.240 Permits.
§ 622.241 South Atlantic golden crab controlled access.
§ 622.242 Recordkeeping and reporting.
§ 622.243 Gear identification.
§ 622.244 At-sea observer coverage.
§ 622.245 Prohibited species.
§ 622.246 Area closures.
§ 622.247 Landing golden crab intact.
§ 622.248 Authorized gear.
§ 622.249 Gear restrictions and requirements.
§ 622.250 Restrictions on sale/purchase.
§ 622.251 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability
measures (AMs).
§ 622.252 Adjustment of management measures.
Subpart M Dolphin and Wahoo Fishery of the Atlantic
§ 622.270 Permits.
§ 622.271 Recordkeeping and reporting.
§ 622.272 Authorized gear.
§ 622.273 Conservation measures for protected species.
§ 622.274 Pelagic longline closed areas.
§ 622.275 Size limits.
§ 622.276 Landing fish intact.
§ 622.277 Bag and possession limits.
§ 622.278 Commercial trip limits.
§ 622.279 Restrictions on sale/purchase.
§ 622.280 Annual catch limits (ACLs) and accountability measures (AMs).
§ 622.281 Adjustment of management measures.
Subpart N Pelagic Sargassum Habitat of the South Atlantic Region
§ 622.300 At-sea observer coverage.
§ 622.301 Area and seasonal restrictions.
§ 622.302 Minimum mesh size.
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§ 622.303 Quotas.
Subparts O-P [Reserved]
Subpart Q Coastal Migratory Pelagic Resources (Gulf of Mexico, South Atlantic,
and Mid-Atlantic)
§ 622.369 Description of zones.
§ 622.370 Permits.
§ 622.371 Limited access system for commercial vessel permits for king mackerel.
§ 622.372 Limited access system for king mackerel gillnet permits applicable in the Gulf
southern zone.
§ 622.373 Limited access system for charter vessel/headboat permits for Gulf coastal
migratory pelagic fish.
§ 622.374 Recordkeeping and reporting.
§ 622.375 Authorized and unauthorized gear.
§ 622.376 Gear identification.
§ 622.377 Gillnet restrictions.
§ 622.378 Seasonal closures of the Gulf migratory group king mackerel gillnet fishery.
§ 622.379 Incidental catch allowances.
§ 622.380 Size limits.
§ 622.381 Landing fish intact.
§ 622.382 Bag and possession limits.
§ 622.383 [Reserved]
§ 622.384 Quotas.
§ 622.385 Commercial trip limits.
§ 622.386 Restrictions on sale/purchase.
§ 622.387 [Reserved]
§ 622.388 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability
measures (AMs).
§ 622.389 Adjustment of management measures.
Subpart R Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic
§ 622.400 Permits and fees.
§ 622.401 Recordkeeping and reporting.
§ 622.402 Vessel and gear identification.
§ 622.403 Seasons.
§ 622.404 Prohibited gear and methods.
§ 622.405 Trap construction specifications and tending restrictions.
§ 622.406 Areas closed to lobster trap gear.
§ 622.407 Minimum size limits and other harvest limitations.
§ 622.408 Bag/possession limits.
§ 622.409 Spiny lobster import prohibitions.
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§ 622.410 Restrictions within the Tortugas marine reserves.
§ 622.411 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability
measures (AMs).
§ 622.412 Adjustment of management measures.
§§ 622.413-622.414 [Reserved]
§ 622.415 Limited exemption regarding harvest in waters of a foreign nation.
§ 622.416 Restrictions on sale/purchase.
Subpart S FMP for the EEZ around Puerto Rico
§ 622.430 Management area.
§ 622.431 Definitions.
§ 622.432 [Reserved]
§ 622.433 Vessel identification.
§ 622.434 Gear identification.
§ 622.435 Trap construction specifications and tending restrictions.
§ 622.436 Anchoring restrictions.
§ 622.437 Prohibited gear and methods.
§ 622.438 Prohibited species.
§ 622.439 Area and seasonal closures.
§ 622.440 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability
measures (AMs).
§ 622.441 Size limits.
§ 622.442 [Reserved]
§ 622.443 Restrictions on sale or purchase.
§ 622.444 Bag and possession limits.
§ 622.445 Other harvest restrictions.
§ 622.446 Spiny lobster import prohibitions.
§ 622.447 Adjustment of management measures.
Subpart T FMP for the EEZ Around St. Croix
§ 622.470 Management area.
§ 622.471 Definitions.
§ 622.472 [Reserved]
§ 622.473 Vessel identification.
§ 622.474 Gear identification.
§ 622.475 Trap construction specifications and tending restrictions.
§ 622.476 Anchoring restrictions.
§ 622.477 Prohibited gear and methods.
§ 622.478 Prohibited species.
§ 622.479 Area and seasonal closures.
§ 622.480 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability
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measures (AMs).
§ 622.481 Size limits.
§ 622.482 Commercial trip limits.
§ 622.483 Restrictions on sale or purchase.
§ 622.484 Bag and possession limits.
§ 622.485 Other harvest restrictions.
§ 622.486 Spiny lobster import prohibitions.
§ 622.487 Adjustment of management measures.
Subpart U FMP for the EEZ around St. Thomas and St. John
§ 622.505 Management area.
§ 622.506 Definitions.
§ 622.507 [Reserved]
§ 622.508 Vessel identification.
§ 622.509 Gear identification.
§ 622.510 Trap construction specifications and tending restrictions.
§ 622.511 Anchoring restrictions.
§ 622.512 Prohibited gear and methods.
§ 622.513 Prohibited species.
§ 622.514 Area and seasonal closures.
§ 622.515 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability
measures (AMs).
§ 622.516 Size limits.
§ 622.517 [Reserved]
§ 622.518 Restrictions on sale or purchase.
§ 622.519 Bag and possession limits.
§ 622.520 Other harvest restrictions.
§ 622.521 Spiny lobster import prohibitions.
§ 622.522 Adjustment of management measures.
Appendix A to Part 622
Species Tables
Appendix B to Part 622
Gulf Areas
Appendix C to Part 622
Fish Length Measurements
Appendix D to Part 622
Specifications for Certified BRDs
Appendix E to Part 622
Caribbean Island/Island Group Management Areas
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Appendix F to Part 622
Specifications for Sea Turtle Release Gear and Handling
Requirements
Appendix G to Part 622
Coastal Migratory Pelagics Zone Illustrations

PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
Authority: 16 U.S.C. 1801 et seq.
Source: 78 FR 22952, Apr. 17, 2013, unless otherwise noted.

Editorial Note: Nomenclature changes to part 622 appear at 79 FR 57837, Sept. 26, 2014 and at 81 FR 32253,
May 23, 2016.

Subpart A—General Provisions
§ 622.1 Purpose and scope.
(a) The purpose of this part is to implement the FMPs prepared under the Magnuson-Stevens Act by the
CFMC, GMFMC, and/or SAFMC listed in Table 1 of this section.
(b) This part governs conservation and management of species included in the FMPs in or from the
Caribbean, Gulf, Mid-Atlantic, South Atlantic, or Atlantic EEZ, unless otherwise specified, as indicated in
Table 1 of this section. For the FMPs noted in the following table, conservation and management extends
to adjoining state waters for the purposes of data collection and monitoring.
(c) This part also governs the importation of spiny lobster into Puerto Rico or the U.S. Virgin Islands.
(d) This part also governs importation of spiny lobster into any place subject to the jurisdiction of the United
States.

Table 1 to § 622.1—FMPs Implemented Under Part 622

FMP title

FMP for Coastal Migratory Pelagic Resources

Responsible
fishery
management
council(s)
GMFMC/
SAFMC

Geographical area

Gulf1 9, Mid-Atlantic1 9,
South Atlantic1 9.

FMP for Coral, Coral Reefs, and Live/Hard Bottom Habitats of SAFMC
the South Atlantic Region

South Atlantic.5

FMP for Coral and Coral reefs of the Gulf of Mexico

GMFMC

Gulf.

FMP for the Dolphin and Wahoo Fishery of the Atlantic

SAFMC

Atlantic.

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FMP title

50 CFR 622.1(d)

Responsible
fishery
management
council(s)

Geographical area

FMP for the Exclusive Economic Zone around Puerto Rico

CFMC

Caribbean.

FMP for the Exclusive Economic Zone around St. Croix

CFMC

Caribbean.

FMP for the Exclusive Economic Zone around St. Thomas
and St. John

CFMC

Caribbean.

FMP for the Golden Crab Fishery of the South Atlantic Region

SAFMC

South Atlantic.

FMP for Pelagic Sargassum Habitat of the South Atlantic
Region

SAFMC

South Atlantic.

FMP for the Red Drum Fishery of the Gulf of Mexico

GMFMC

Gulf.1

FMP for the Reef Fish Resources of the Gulf of Mexico

GMFMC

Gulf.1 3 4 7 10

FMP for Regulating Offshore Marine Aquaculture in the Gulf

GMFMC

Gulf.

FMP for the Shrimp Fishery of the Gulf of Mexico

GMFMC

Gulf.1

FMP for the Shrimp Fishery of the South Atlantic Region

SAFMC

South Atlantic.

FMP for the Snapper-Grouper Fishery of the South Atlantic
Region

SAFMC

South Atlantic.1 2 6 8

FMP for the Spiny Lobster Fishery of the Gulf of Mexico and
South Atlantic

GMFMC/
SAFMC

Gulf1, South Atlantic.1

1

Regulated area includes adjoining state waters for purposes of data collection and quota
monitoring.
2

Black sea bass and scup are not managed by the FMP or regulated by this part north of 35°15.19′
N. lat., the latitude of Cape Hatteras Light, NC.”
3

Regulated area includes adjoining state waters for Gulf red snapper harvested or possessed by a
person aboard a vessel for which a Gulf red snapper IFQ vessel account has been established or
possessed by a dealer with a Gulf IFQ dealer endorsement.
4

Regulated area includes adjoining state waters for Gulf groupers and tilefishes harvested or
possessed by a person aboard a vessel for which an IFQ vessel account for Gulf groupers and
tilefishes has been established or possessed by a dealer with a Gulf IFQ dealer endorsement.
5

Octocorals are managed by the FMP or regulated by this part only in the EEZ off North Carolina,
South Carolina, and Georgia.
6

Nassau grouper in the South Atlantic EEZ and the Gulf EEZ are managed under the FMP.

7

Hogfish are managed by the FMP in the Gulf EEZ except south of 25°09′ N. lat. off the west coast
of Florida. Hogfish in the remainder of the Gulf EEZ south of 25°09′ N. lat. off the west coast of
Florida are managed under the FMP for the Snapper-Grouper Fishery of the South Atlantic Region.

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8

Hogfish in the Gulf EEZ are managed under the FMP from the South Atlantic and Gulf of Mexico
intercouncil boundary specified in § 600.105(c) and south of 25°09′ N. lat. off the west coast of
Florida. Hogfish in the remainder of the Gulf EEZ are managed under the FMP for the Reef Fish
Resources of the Gulf of Mexico.
9

Cobia is managed by the FMP in the Gulf EEZ and in the South Atlantic EEZ south of a line
extending due east from the Florida/Georgia border.
10

Certain provisions for the management of the private angling component of recreational red
snapper in the Gulf EEZ have been delegated to the Gulf states, as specified in § 622.23.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78775, Dec. 27, 2013; 81 FR 1792, Jan. 13, 2016; 82 FR 34580, 34594 July 25,
2017; 82 FR 40075, Aug. 24, 2017; 84 FR 4736, Feb. 19, 2019; 85 FR 6823, Feb. 6, 2020; 85 FR 10339, Feb. 24, 2020; 87 FR 56214,
Sept. 13, 2022]

§ 622.2 Definitions and acronyms.
In addition to the definitions in the Magnuson Act and in § 600.10 of this chapter, and the acronyms in § 600.15 of
this chapter, the terms and acronyms used in this part have the following meanings:
Accountability measure means a management control implemented such that overfishing is prevented, where
possible, and mitigated if it occurs.
Actual ex-vessel price means the total monetary sale amount a fisherman receives per pound of fish for IFQ
landings from a registered IFQ dealer before any deductions are made for transferred (leased) allocation
and goods and services (e.g. bait, ice, fuel, repairs, machinery replacement, etc.).
Allowable chemical means a substance, generally used to immobilize marine life so that it can be captured alive,
that, when introduced into the water, does not take Gulf and South Atlantic prohibited coral and is allowed
by Florida for the harvest of tropical fish (e.g., quinaldine, quinaldine compounds, or similar substances).
Allowable octocoral means an erect, nonencrusting species of the subclass Octocorallia, except the seafans
Gorgonia flabellum and G. ventalina, plus the attached substrate within 1 inch (2.54 cm) of an allowable
octocoral. (NOTE: An erect, nonencrusting species of the subclass Octocorallia, except the seafans
Gorgonia flabellum and G. ventalina, with attached substrate exceeding 1 inch (2.54 cm) is considered to
be live rock and not allowable octocoral.)
Annual catch limit (ACL) means the level of catch that serves as the basis for invoking accountability measures.
Annual catch target (ACT) means an amount of annual catch of a stock or stock complex that is the
management target of the fishery, and accounts for management uncertainty in controlling the actual
catch at or below the ACL.
Aquaculture means all activities, including the operation of an aquaculture facility, involved in the propagation or
rearing, or attempted propagation or rearing, of allowable aquaculture species in the Gulf EEZ.
Aquaculture facility means an installation or structure, including any aquaculture system(s) (including
moorings), hatcheries, equipment, and associated infrastructure used to hold, propagate, or rear allowable
aquaculture species in the Gulf EEZ under authority of a Gulf aquaculture permit.
Aquaculture system means any cage, net pen, enclosure, structure, or gear deployed in waters of the Gulf EEZ
for holding and producing allowable aquaculture species.
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50 CFR 622.2 “Aquacultured live rock”

Aquacultured live rock means live rock that is harvested under a Federal aquacultured live rock permit, as
required under § 622.70(a)(2).
Aquatic animal health expert means a licensed doctor of veterinary medicine or a person who is certified by the
American Fisheries Society, Fish Health Section, as a “Fish Pathologist” or “Fish Health Inspector.”
Atlantic means the North Atlantic, Mid-Atlantic, and South Atlantic.
Authorized statistical reporting agent means:
(1) Any person so designated by the SRD; or
(2) Any person so designated by the head of any Federal or State agency that has entered into an
agreement with the Assistant Administrator to collect fishery data.
Automatic reel means a reel that remains attached to a vessel when in use from which a line and attached
hook(s) are deployed. The line is payed out from and retrieved on the reel electrically or hydraulically.
Bandit gear means a rod and reel that remain attached to a vessel when in use from which a line and attached
hook(s) are deployed. The line is payed out from and retrieved on the reel manually, electrically, or
hydraulically.
Bottom longline means a longline that is deployed, or in combination with gear aboard the vessel, e.g., weights
or anchors, is capable of being deployed to maintain contact with the ocean bottom.
BRD means bycatch reduction device.
Bully net means a circular frame attached at right angles to the end of a pole and supporting a conical bag of
webbing. The webbing is usually held up by means of a cord which is released when the net is dropped
over a lobster.
Buoy gear means fishing gear that fishes vertically in the water column that consists of a single drop line
suspended from a float, from which no more than 10 hooks (except in the EEZ around Puerto Rico, St.
Croix, and St. Thomas and St. John where the maximum is 25 hooks) can be connected between the buoy
and terminal end, and the terminal end contains a weight that is no more than 10 lb (4.5 kg). The drop line
can be rope (hemp, manila, cotton or other natural fibers; nylon, polypropylene, spectra or other synthetic
material) or monofilament, but must not be cable or wire. The gear is free-floating and not connected to
other gear or the vessel. The drop line must be no greater than 2 times the depth of the water being
fished. All hooks must be attached to the drop line no more than 30 ft (9.1 m) from the weighted terminal
end. These hooks may be attached directly to the drop line; attached as snoods (defined as an offshoot
line that is directly spliced, tied or otherwise connected to the drop line), where each snood has a single
terminal hook; or as gangions (defined as an offshoot line connected to the drop line with some type of
detachable clip), where each gangion has a single terminal hook.
Carapace length means the measurement of the carapace (head, body, or front section) of a spiny lobster from
the anteriormost edge (front) of the groove between the horns directly above the eyes, along the
middorsal line (middle of the back), to the rear edge of the top part of the carapace, excluding any
translucent membrane. (See Figure 1 in Appendix C of this part.)
Caribbean means the Caribbean Sea and Atlantic Ocean seaward of Puerto Rico, the U.S. Virgin Islands, and
possessions of the United States in the Caribbean Sea.
CFMC means the Caribbean Fishery Management Council.

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50 CFR 622.2 “Charter vessel”

Charter vessel means a vessel less than 100 gross tons (90.8 mt) that is subject to the requirements of the
USCG to carry six or fewer passengers for hire and that engages in charter fishing at any time during the
calendar year. A charter vessel with a commercial permit, as required under this part, is considered to be
operating as a charter vessel when it carries a passenger who pays a fee or when there are more than
three persons aboard, including operator and crew, except for a charter vessel with a commercial vessel
permit for Gulf reef fish or South Atlantic snapper-grouper. A charter vessel that has a charter vessel
permit for Gulf reef fish and a commercial vessel permit for Gulf reef fish or a charter vessel permit for
South Atlantic snapper-grouper and a commercial permit for South Atlantic snapper-grouper (either a
South Atlantic snapper-grouper unlimited permit or a 225-lb (102.1-kg) trip limited permit for South
Atlantic snapper-grouper) is considered to be operating as a charter vessel when it carries a passenger
who pays a fee or when there are more than four persons aboard, including operator and crew. A charter
vessel that has a charter vessel permit for Gulf reef fish, a commercial vessel permit for Gulf reef fish, and
a valid Certificate of Inspection (COI) issued by the USCG to carry passengers for hire will not be
considered to be operating as a charter vessel provided—
(1) It is not carrying a passenger who pays a fee; and
(2) When underway for more than 12 hours, that vessel meets, but does not exceed the minimum
manning requirements outlined in its COI for vessels underway over 12 hours; or when underway for
not more than 12 hours, that vessel meets the minimum manning requirements outlined in its COI
for vessels underway for not more than 12-hours (if any), and does not exceed the minimum
manning requirements outlined in its COI for vessels that are underway for more than 12 hours.
Circle hook means a fishing hook designed and manufactured so that the point is turned perpendicularly back to
the shank to form a generally circular, or oval, shape.
Coastal migratory pelagic fish means a whole fish, or a part thereof, of one or more of the following species:
(1) Cobia, Rachycentron canadum.
(2) King mackerel, Scomberomorus cavalla.
(3) Spanish mackerel, Scomberomorus maculatus.
Commercial fishing means, for the purpose of subpart R of this part only, any fishing or fishing activities which
result in the harvest of any marine or freshwater organisms, one or more of which (or parts thereof) is
sold, traded, or bartered.
Coral area means marine habitat in the Gulf or South Atlantic EEZ where coral growth abounds, including patch
reefs, outer bank reefs, deep water banks, and hard bottoms.
Cultured animals means animals which are propagated and/or reared by humans.
Dealer, in addition to the definition specified in § 600.10 of this chapter, means the person who first receives
rock shrimp harvested from the EEZ or dolphin or wahoo harvested from the Atlantic EEZ upon transfer
ashore.
Deep-water grouper (DWG) means, in the Gulf, yellowedge grouper, warsaw grouper, snowy grouper, and
speckled hind. In addition, for the purposes of the IFQ program for Gulf groupers and tilefishes in §
622.22, scamp are also included as DWG as specified in § 622.22(a)(7).
Deep-water snapper-grouper (DWSG) means, in the South Atlantic, yellowedge grouper, misty grouper, warsaw
grouper, snowy grouper, speckled hind, blueline tilefish, queen snapper, and silk snapper.
50 CFR 622.2 “Deep-water snapper-grouper (DWSG)” (enhanced display)

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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.2 “Dehooking device”

Dehooking device means a device intended to remove a hook embedded in a fish to release the fish with
minimum damage.
Dolphin means a whole fish, or a part there of, of the species Coryphaena equiselis or C. hippurus.
Drift gillnet, for the purposes of this part, means a gillnet, other than a long gillnet or a run-around gillnet, that is
unattached to the ocean bottom, regardless of whether attached to a vessel.
Fish trap means—
(1) In the Caribbean EEZ, a trap and its component parts, including the lines and buoys, regardless of the
construction material, used for or capable of taking finfish. This does not include a spiny lobster trap
as defined in subparts S, T, and U of this part.
(2) In the Gulf EEZ, a trap and its component parts (including the lines and buoys), regardless of the
construction material, used for or capable of taking finfish, except a trap historically used in the
directed fishery for crustaceans (that is, blue crab, stone crab, and spiny lobster).
(3) In the South Atlantic EEZ, a trap and its component parts (including the lines and buoys), regardless
of the construction material, used for or capable of taking fish, except a sea bass pot, a golden crab
trap, or a crustacean trap (that is, a type of trap historically used in the directed fishery for blue crab,
stone crab, red crab, jonah crab, or spiny lobster and that contains at any time not more than 25
percent, by number, of fish other than blue crab, stone crab, red crab, jonah crab, and spiny lobster).
Florida Keys/East Florida hogfish means hogfish occurring in the Gulf EEZ from 25°09′ N. lat. off the west coast
of Florida and south to the jurisdictional boundary between the Gulf and South Atlantic Councils, as
defined at 50 CFR 600.105(c), and continuing in the South Atlantic EEZ from the jurisdictional boundary
between the Gulf and South Atlantic Councils to the state boundary between Florida and Georgia.
Fork length means the straight-line distance from the tip of the head (snout) to the rear center edge of the tail
(caudal fin). (See Figure 2 in Appendix C of this part.)
Genetically engineered animal means an animal modified by rDNA techniques, including the entire lineage of
animals that contain the modification. The term genetically engineered animal can refer to both animals
with heritable rDNA constructs and animals with non-heritable rDNA constructs (e.g., those modifications
intended to be used as gene therapy).
Golden crab means the species Chaceon fenneri, or a part thereof.
Golden crab trap means any trap used or possessed in association with a directed fishery for golden crab in the
South Atlantic EEZ, including any trap that contains a golden crab in or from the South Atlantic EEZ or any
trap on board a vessel that possesses golden crab in or from the South Atlantic EEZ.
GMFMC means the Gulf of Mexico Fishery Management Council.
Gulf means the Gulf of Mexico. The line of demarcation between the Atlantic Ocean and the Gulf of Mexico is
specified in § 600.105(c) of this chapter.
Gulf reef fish means one or more of the species, or a part thereof, listed in Table 3 in Appendix A of this part.
Gulf and South Atlantic prohibited coral means, in the Gulf and South Atlantic, one or more of the following, or a
part thereof:
(1) Coral belonging to the Class Hydrozoa (fire corals and hydrocorals).

50 CFR 622.2 “Gulf and South Atlantic prohibited coral” (1) (enhanced display)

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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.2 “Gulf and South Atlantic prohibited coral” (2)

(2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia, Orders Scleractinia (stony corals) and
Antipatharia (black corals).
(3) A seafan, Gorgonia flabellum or G. ventalina.
(4) Coral in a coral reef, except for allowable octocoral.
(5) Coral in an HAPC, including allowable octocoral.
Handline means a line with attached hook(s) that is tended directly by hand.
HAPC means habitat area of particular concern.
Headboat means a vessel that holds a valid Certificate of Inspection (COI) issued by the USCG to carry more
than six passengers for hire.
(1) A headboat with a commercial vessel permit, as required under this part, is considered to be
operating as a headboat when it carries a passenger who pays a fee or—
(i)

In the case of persons aboard fishing for or possessing South Atlantic snapper-grouper, when
there are more persons aboard than the number of crew specified in the vessel's COI; or

(ii) In the case of persons aboard fishing for or possessing coastal migratory pelagic fish, when
there are more than three persons aboard, including operator and crew.
(2) However a vessel that has a headboat permit for Gulf reef fish, a commercial vessel permit for Gulf
reef fish, and a valid COI issued by the USCG to carry passengers for hire will not be considered to be
operating as a headboat provided-(i)

It is not carrying a passenger who pays a fee; and

(ii) When underway for more than 12 hours, that vessel meets, but does not exceed the minimum
manning requirements outlined in its COI for vessels underway over 12 hours; or when
underway for not more than 12 hours, that vessel meets the minimum manning requirements
outlined in its COI for vessels underway for not more than 12-hours (if any), and does not
exceed the minimum manning requirements outlined in its COI for vessels that are underway
for more than 12 hours.
Headrope length means the distance, measured along the forwardmost webbing of a trawl net, between the
points at which the upper lip (top edge) of the mouth of the net are attached to sleds, doors, or other
devices that spread the net.
Hook-and-line gear means automatic reel, bandit gear, buoy gear, handline, longline, and rod and reel.
Hoop net means a frame, circular or otherwise, supporting a shallow bag of webbing and suspended by a line
and bridles. The net is baited and lowered to the ocean bottom, to be raised rapidly at a later time to
prevent the escape of lobster.
IFQ

means individual fishing quota.

Import means—
(1) For the purpose of § 622.1(c) and subparts S, T, and U of this part only—To land on, bring into, or
introduce into, or attempt to land on, bring into, or introduce into, Puerto Rico or the U.S. Virgin
Islands, whether or not such landing, bringing, or introduction constitutes an importation within the
meaning of the customs laws of the United States;
50 CFR 622.2 “Import” (1) (enhanced display)

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50 CFR 622.2 “Import” (2)

(2) For the purpose of § 622.1(d) and subpart R of this part only—To land on, bring into, or introduce into,
or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United
States, whether or not such landing, bringing, or introduction constitutes an importation within the
meaning of the customs laws of the United States;
(3) But does not include any activity described in paragraph (1) or (2) of this definition with respect to
fish caught in the U.S. exclusive economic zone by a vessel of the United States.
Live rock means living marine organisms, or an assemblage thereof, attached to a hard substrate, including
dead coral or rock (excluding individual mollusk shells).
Live well means a shaded container used for holding live lobsters aboard a vessel in which aerated seawater is
continuously circulated from the sea. Circulation of seawater at a rate that replaces the water at least
every 8 minutes meets the requirement for aeration.
Long gillnet means a gillnet that has a float line that is more than 1,000 yd (914 m) in length.
Longline means a line that is deployed horizontally to which gangions and hooks are attached. A longline may
be a bottom longline, i.e., designed for use on the bottom, or a pelagic longline, i.e., designed for use off
the bottom. The longline hauler may be manually, electrically, or hydraulically operated.
MAFMC means the Mid-Atlantic Fishery Management Council.
Mid-Atlantic means the Atlantic Ocean off the Atlantic coastal states from the boundary between the New
England Fishery Management Council and the MAFMC, as specified in § 600.105(a) of this chapter, to the
boundary between the MAFMC and the SAFMC, as specified in § 600.105(b) of this chapter.
Migratory group, for king mackerel, Spanish mackerel, and cobia, means a group of fish that may or may not be a
separate genetic stock, but that is treated as a separate stock for management purposes. King mackerel,
Spanish mackerel, and cobia are divided into migratory groups—the boundaries between these groups are
specified in § 622.369.
MPA means marine protected area.
North Atlantic means the Atlantic Ocean off the Atlantic coastal states from the boundary between the United
States and Canada to the boundary between the New England Fishery Management Council and the
MAFMC, as specified in § 600.105(a) of this chapter.
Off Alabama means the waters in the Gulf west of a rhumb line at 87°31.1′ W long., which is a line directly south
from the Alabama/Florida boundary, to a rhumb line at 88°23.1′ W long., which is a line directly south from
the Mississippi/Alabama boundary.
Off Florida means the waters in the Gulf and South Atlantic from 30°42′45.6″ N. lat., which is a line directly east
from the seaward terminus of the Georgia/Florida boundary, to 87°31′06″ W. long., which is a line directly
south from the Alabama/Florida boundary.
Off Georgia means the waters in the South Atlantic from a line extending in a direction of 104° from true north
from the seaward terminus of the South Carolina/Georgia boundary to 30°42′45.6″ N. lat., which is a line
directly east from the seaward terminus of the Georgia/Florida boundary.
Off Louisiana means the waters in the Gulf west of a rhumb line at 89°10.0′ W long., which is a line extending
directly south from South Pass Light, to a rhumb line beginning at 29°32.1′ N lat., 93°47.7′ W long. and
extending to 26°11.4′ N lat., 92°53.0′ W long., which line is an extension of the boundary between
Louisiana and Texas.
50 CFR 622.2 “Off Louisiana” (enhanced display)

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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.2 “Off Mississippi”

Off Mississippi means the waters in the Gulf west of a rhumb line at 88°23.1′ W long., which is a line directly
south from the Mississippi/Alabama boundary, to a rhumb line at 89°10.0′ W long., which is a line
extending directly south from South Pass Light.
Off Monroe County, Florida means the area from the Florida coast to the outer limit of the EEZ between a line
extending directly east from the Dade/Monroe County, Florida boundary (25°20.4′ N. latitude) and a line
extending directly west from the Monroe/Collier County, Florida boundary (25°48.0′ N. latitude).
Off North Carolina means the waters in the South Atlantic from 36°34′55″ N. lat., which is a line directly east
from the Virginia/North Carolina boundary, to a line extending in a direction of 135°34′55″ from true north
from the North Carolina/South Carolina boundary, as marked by the border station on Bird Island at
33°51′07.9″ N. lat., 78°32′32.6″ W. long.
Off South Carolina means the waters in the South Atlantic from a line extending in a direction of 135°34′55″ from
true north from the North Carolina/South Carolina boundary, as marked by the border station on Bird
Island at 33°51′07.9″ N. lat., 78°32′32.6″ W. long., to a line extending in a direction of 104° from true north
from the seaward terminus of the South Carolina/Georgia boundary.
Off Texas means the waters in the Gulf west of a rhumb line from 29°32.1′ N. lat., 93°47.7′ W. long. to 26°11.4′ N.
lat., 92°53′ W. long., which line is an extension of the boundary between Louisiana and Texas.
Off the Gulf states, other than Florida means the area from the coast to the outer limit of the EEZ between the
Texas/Mexico border to the Alabama/Florida boundary (87°31′06″ W. long.).
Off the southern Atlantic states, other than Florida means the area from the coast to the outer limit of the EEZ
between the Virginia/North Carolina boundary (36°34′55″ N. lat.) to the Georgia/Florida boundary
(30°42′45.6″ N. lat.).
Official sunrise or official sunset means the time of sunrise or sunset as determined for the date and location in
The Nautical Almanac, prepared by the U.S. Naval Observatory.
Pelagic longline means a longline that is suspended by floats in the water column and that is not fixed to or in
contact with the ocean bottom.
Pelagic sargassum means the species Sargassum natans or S. fluitans, or a part thereof.
Penaeid shrimp means one or more of the following species, or a part thereof:
(1) Brown shrimp, Farfantepenaeus aztecus.
(2) Pink shrimp, Farfantepenaeus duorarum.
(3) White shrimp, Litopenaeus setiferus.
Penaeid shrimp trawler means any vessel that is equipped with one or more trawl nets whose on-board or
landed catch of penaeid shrimp is more than 1 percent, by weight, of all fish comprising its on-board or
landed catch.
Powerhead means any device with an explosive charge, usually attached to a speargun, spear, pole, or stick, that
fires a projectile upon contact.
Processor means a person who processes fish or fish products, or parts thereof, for commercial use or
consumption.
Purchase means the act or activity of buying, trading, or bartering, or attempting to buy, trade, or barter.
50 CFR 622.2 “Purchase” (enhanced display)

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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.2 “Recreational fishing”

Recreational fishing means, for the purpose of subpart R of this part only, fishing or fishing activities which result
in the harvest of fish, none of which (or parts thereof) is sold, traded, or bartered.
Red drum, also called redfish, means Sciaenops ocellatus, or a part thereof.
Red snapper means Lutjanus campechanus, or a part thereof, one of the Gulf reef fish species.
Regional Administrator (RA), for the purposes of this part, means the Administrator, Southeast Region, NMFS,
263 13th Avenue South, St. Petersburg, FL 33701, or a designee.
Reporting week means the period of time beginning at 12:01 a.m., local time, on Sunday and ending at 11:59
p.m., local time, the following Saturday.
Rod and reel means a rod and reel unit that is not attached to a vessel, or, if attached, is readily removable, from
which a line and attached hook(s) are deployed. The line is payed out from and retrieved on the reel
manually, electrically, or hydraulically.
Run-around gillnet means a gillnet, other than a long gillnet, that, when used, encloses an area of water.
SAFMC means the South Atlantic Fishery Management Council.
Sale or sell means the act or activity of transferring property for money or credit, trading, or bartering, or
attempting to so transfer, trade, or barter.
Science and Research Director (SRD), for the purposes of this part, means the Science and Research Director,
Southeast Fisheries Science Center, NMFS (see Table 1 of § 600.502 of this chapter).
Sea bass pot means a trap has six rectangular sides and does not exceed 25 inches (63.5 cm) in height, width,
or depth.
Shallow-water grouper (SWG) means, in the Gulf, gag, red grouper, black grouper, scamp, yellowfin grouper, and
yellowmouth grouper. Other shallow-water grouper (Other SWG) means, in the Gulf, SWG excluding gag
and red grouper (i.e., black grouper, scamp, yellowfin grouper, and yellowmouth grouper). In addition, for
the purposes of the IFQ program for Gulf groupers and tilefishes in § 622.22, speckled hind and warsaw
grouper are also included as Other SWG as specified in § 622.22(a)(6).
Shrimp means one or more of the following species, or a part thereof:
(1) Brown shrimp, Farfantepenaeus aztecus.
(2) White shrimp, Litopenaeus setiferus.
(3) Pink shrimp, Farfantepenaeus duorarum.
(4) Royal red shrimp, Hymenopenaeus robustus.
(5) Rock shrimp, Sicyonia brevirostris.
Shrimp trawler means any vessel that is equipped with one or more trawl nets whose on-board or landed catch
of shrimp is more than 1 percent, by weight, of all fish comprising its on-board or landed catch.
Significant risk means likely to adversely affect endangered or threatened species or their critical habitat; is
likely to seriously injure or kill marine mammals; is likely to result in un-mitigated adverse effects on
essential fish habitat; is likely to adversely affect wild fish stocks and cause them to become overfished or
undergo overfishing; or otherwise may result in harm to public health or safety, as determined by the RA.
Smalltooth sawfish means the species Pristis pectinata, or a part thereof.
50 CFR 622.2 “Smalltooth sawfish” (enhanced display)

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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.2 “SMZ”

SMZ means special management zone.
South Atlantic means the Atlantic Ocean off the Atlantic coastal states from the boundary between the MAFMC
and the SAFMC, as specified in § 600.105(b) of this chapter, to the line of demarcation between the
Atlantic Ocean and the Gulf of Mexico, as specified in § 600.105(c) of this chapter.
South Atlantic shallow-water grouper (SASWG) means, in the South Atlantic, gag, black grouper, red grouper,
scamp, red hind, rock hind, yellowmouth grouper, yellowfin grouper, graysby, and coney.
South Atlantic snapper-grouper means one or more of the species, or a part thereof, listed in Table 4 in Appendix
A of this part.
Spiny lobster means the species Panulirus argus, or a part thereof.
Stab net means a gillnet, other than a long gillnet, or trammel net whose weight line sinks to the bottom and
submerges the float line.
Tail length means the lengthwise measurement of the entire tail (segmented portion), not including any
protruding muscle tissue, of a spiny lobster along the top middorsal line (middle of the back) to the
rearmost extremity. The measurement is made with the tail in a flat, straight position with the tip of the tail
closed.
Total length (TL), for the purposes of this part, means the straight-line distance from the tip of the snout to the
tip of the tail (caudal fin), excluding any caudal filament, while the fish is lying on its side. The mouth of
the fish may be closed and/or the tail may be squeezed together to give the greatest overall
measurement. (See Figure 2 in appendix C of this part.)
Toxic chemical means any substance, other than an allowable chemical, that, when introduced into the water,
can stun, immobilize, or take marine life.
Trammel net means two or more panels of netting, suspended vertically in the water by a common float line and
a common weight line, with one panel having a larger mesh size than the other(s), to entrap fish in a
pocket of netting.
Transgenic animal means an animal whose genome contains a nucleotide sequence that has been intentionally
modified in vitro, and the progeny of such an animal.
Trip

means a fishing trip, regardless of number of days duration, that begins with departure from a dock, berth,
beach, seawall, or ramp and that terminates with return to a dock, berth, beach, seawall, or ramp.

Try net, also called test net, means a net pulled for brief periods by a shrimp trawler to test for shrimp
concentrations or determine fishing conditions (e.g., presence or absence of bottom debris, jellyfish,
bycatch, sea grasses).
Wahoo means the species Acanthocybium solandri, or a part thereof, in the Atlantic.
Wild fish means fish that are not propagated or reared by humans.
Wild live rock means live rock other than aquacultured live rock.
Wreckfish means the species Polyprion americanus, or a part thereof, one of the South Atlantic snapper-grouper
species.

50 CFR 622.2 “Wreckfish” (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.3

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78775, Dec. 27, 2013; 79 FR 19493, Apr. 9, 2014; 80 FR 4218, Jan. 27, 2015; 81
FR 1792, Jan. 13, 2016; 82 FR 34580, July 25, 2017; 85 FR 6823, Feb. 6, 2020; 87 FR 2357, Jan. 14, 2022; 87 FR 56215, Sept. 13,
2022; 88 FR 46695, July 20, 2023]

§ 622.3 Relation to other laws and regulations.
(a) The relation of this part to other laws is set forth in § 600.705 of this chapter and paragraphs (b) through
(e) of this section.
(b) Except for regulations on allowable octocoral, Gulf and South Atlantic prohibited coral, and live rock, this
part is intended to apply within the EEZ portions of applicable National Marine Sanctuaries and National
Parks, unless the regulations governing such sanctuaries or parks prohibit their application. Regulations
on allowable octocoral, Gulf and South Atlantic prohibited coral, and live rock do not apply within the EEZ
portions of the following National Marine Sanctuaries and National Parks:
(1) Florida Keys National Marine Sanctuary (15 CFR part 922, subpart P).
(2) Gray's Reef National Marine Sanctuary (15 CFR part 922, subpart I).
(3) Monitor National Marine Sanctuary (15 CFR part 922, subpart F).
(4) Everglades National Park (36 CFR 7.45).
(5) Biscayne National Park (16 U.S.C. 410gg).
(6) Fort Jefferson National Monument (36 CFR 7.27).
(c) For allowable octocoral, if a state has a catch, landing, or gear regulation that is more restrictive than a
catch, landing, or gear regulation in this part, a person landing in such state allowable octocoral taken
from the South Atlantic EEZ must comply with the more restrictive state regulation.
(d) General provisions on facilitation of enforcement, penalties, and enforcement policy applicable to all
domestic fisheries are set forth in §§ 600.730, 600.735, and 600.740 of this chapter, respectively.
(e) An activity that is otherwise prohibited by this part may be conducted if authorized as scientific research
activity, exempted fishing, or exempted educational activity, as specified in § 600.745 of this chapter.
(f) Alabama, Florida, Louisiana, Mississippi, and Texas are delegated the authority to specify certain
management measures related to the harvest and possession of red snapper by the private angling
component in the Gulf EEZ. See § 622.23 for the Gulf recreational red snapper management measures
that have been delegated.
[78 FR 22952, Apr. 17, 2013, as amended at 85 FR 6823, Feb. 6, 2020]

§ 622.4 Permits and fees—general.
This section contains general information about procedures related to permits. See also §§ 622.70 and 622.220
regarding certain permit procedures unique to coral permits in the Gulf of Mexico and the South Atlantic,
respectively. See subpart F of this part for permit requirements related to aquaculture of species other than live
rock. Permit requirements for specific fisheries, as applicable, are contained in the permit sections within subparts
B through U of this part.

50 CFR 622.4 (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.4(a)

(a) Applications for permits. Application forms for all permits are available from the RA. Completed
application forms and all required supporting documents must be submitted to the RA at least 30 days
prior to the date on which the applicant desires to have the permit made effective. All vessel permits are
mailed to owners, whether the applicant is an owner or an operator.
(1) Vessel permits.
(i)

The application for a commercial vessel permit, other than for wreckfish, or for a charter vessel/
headboat permit must be submitted by the owner (in the case of a corporation, an officer or
shareholder; in the case of a partnership, a general partner) or operator of the vessel. A
commercial vessel permit that is issued based on the earned income qualification of an
operator is valid only when that person is the operator of the vessel. The applicant for a
commercial vessel permit for wreckfish must be a wreckfish shareholder.

(ii) An applicant must provide the following:
(A) A copy of the vessel's valid USCG certificate of documentation or, if not documented, a
copy of its valid state registration certificate.
(B) Vessel name and official number.
(C) Name, address, telephone number, and other identifying information of the vessel owner
and of the applicant, if other than the owner.
(D) Any other information concerning the vessel, gear characteristics, principal fisheries
engaged in, or fishing areas, as specified on the application form.
(E) Any other information that may be necessary for the issuance or administration of the
permit, as specified on the application form.
(F) If applying for a commercial vessel permit, documentation, as specified in the instructions
accompanying each application form, showing that applicable eligibility requirements of
this part have been met.
(G) If a sea bass pot will be used, the number, dimensions, and estimated cubic volume of the
pots that will be used and the applicant's desired color code for use in identifying his or
her vessel and buoys (white is not an acceptable color code).
(2) Operator permits. An applicant for an operator permit must provide the following:
(i)

Name, address, telephone number, and other identifying information specified on the
application.

(ii) Two recent (no more than 1-yr old), color, passport-size photographs.
(iii) Any other information that may be necessary for the issuance or administration of the permit,
as specified on the application form.
(3) Dealer permits.
(i)

The application for a dealer permit must be submitted by the owner (in the case of a
corporation, an officer or shareholder; in the case of a partnership, a general partner).

(ii) An applicant must provide the following:
(A) A copy of each state wholesaler's license held by the dealer.
50 CFR 622.4(a)(3)(ii)(A) (enhanced display)

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50 CFR 622.4(a)(3)(ii)(B)

(B) Name, address, telephone number, date the business was formed, and other identifying
information of the business.
(C) The address of each physical facility at a fixed location where the business receives fish.
(D) Name, address, telephone number, other identifying information, and official capacity in
the business of the applicant.
(E) Any other information that may be necessary for the issuance or administration of the
permit, as specified on the application form.
(b) Change in application information. The owner or operator of a vessel with a permit, a person with a coral
permit, a person with an operator permit, or a dealer with a permit must notify the RA within 30 days after
any change in the application information specified in paragraph (a) of this section or in § 622.70(b), §
622.220(b), or § 622.400(b). The permit is void if any change in the information is not reported within 30
days.
(c) Fees. Unless specified otherwise, a fee is charged for each application for a permit, license, or
endorsement submitted under this part, for each request for transfer or replacement of such permit,
license, or endorsement, and for each sea bass pot identification tag required under § 622.177(a)(1). The
amount of each fee is calculated in accordance with the procedures of the NOAA Finance Handbook,
available from the RA, for determining the administrative costs of each special product or service. The fee
may not exceed such costs and is specified with each application form. The appropriate fee must
accompany each application, request for transfer or replacement, or request for sea bass pot
identification tags.
(d) Initial issuance.
(1) The RA will issue an initial permit at any time to an applicant if the application is complete and the
specific requirements for the requested permit have been met. An application is complete when all
requested forms, information, and documentation have been received.
(2) Upon receipt of an incomplete application, the RA will notify the applicant of the deficiency. If the
applicant fails to correct the deficiency within 30 days of the date of the RA's letter of notification, the
application will be considered abandoned.
(e) Duration. A permit remains valid for the period specified on it unless it is revoked, suspended, or modified
pursuant to subpart D of 15 CFR part 904 or, in the case of a vessel or dealer permit, the vessel or
dealership is sold.
(f) Transfer —
(1) Vessel permits, licenses, and endorsements and dealer permits. A vessel permit, license, or
endorsement or a dealer permit or endorsement issued under this part is not transferable or
assignable, except as provided in the permits sections within subparts B through U of this part,
where applicable. A person who acquires a vessel or dealership who desires to conduct activities for
which a permit, license, or endorsement is required must apply for a permit, license, or endorsement
in accordance with the provisions of this section and other applicable sections of this part. If the
acquired vessel or dealership is currently permitted, the application must be accompanied by the
original permit, and a copy of a signed bill of sale or equivalent acquisition papers. In those cases
where a permit, license, or endorsement is transferable, the seller must sign the back of the permit,
license, or endorsement and have the signed transfer document notarized.

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50 CFR 622.4(f)(2)

(2) Operator permits. An operator permit is not transferable.
(g) Renewal —
(1) Vessel permits, licenses, and endorsements, and dealer permits. Unless specified otherwise, a vessel
or dealer permit holder who has been issued a permit, license, or endorsement under this part must
renew such permit, license, or endorsement on an annual basis. The RA will notify a vessel or dealer
permit holder whose permit, license, or endorsement is expiring approximately 2 months prior to the
expiration date. A vessel or dealer permit holder who does not receive a notification is still required
to submit an application form as specified below. The applicant must submit a completed renewal
application form and all required supporting documents to the RA prior to the applicable deadline for
renewal of the permit, license, or endorsement, and at least 30 calendar days prior to the date on
which the applicant desires to have the permit made effective. Application forms and instructions for
renewal are available online at https://www.fisheries.noaa.gov/southeast/resources-fishing/permitsapplications-and-forms-southeast or from the RA (Southeast Permits Office) at 1-877-376-4877,
Monday through Friday between 8 a.m. and 4:30 p.m., eastern time. If the RA receives an incomplete
application, the RA will notify the applicant of the deficiency. If the applicant fails to correct the
deficiency within 30 calendar days of the notification date by the RA, the application will be
considered abandoned. A permit, license, or endorsement that is not renewed within the applicable
deadline will not be reissued.
(2) Operator permits. An operator permit required by this part 622 is issued for a period not longer than 3
years. A permit not renewed immediately upon its expiration would expire at the end of the operator's
birth month that is between 2 and 3 years after issuance. For renewal, a new application must be
submitted in accordance with paragraph (a)(2) of this section.
(h) Display. A vessel permit, license, or endorsement issued under this part 622 must be carried on board the
vessel. A dealer permit issued under this part 622, or a copy thereof, must be available on the dealer's
premises. In addition, a copy of the dealer's permit must accompany each vehicle that is used to pick up
from a fishing vessel fish harvested from the EEZ. A Gulf IFQ dealer endorsement must accompany each
vehicle that is used to pick up Gulf IFQ red snapper and/or Gulf IFQ groupers and tilefishes. The operator
of a vessel must present the vessel permit, license, or endorsement for inspection upon the request of an
authorized officer. A dealer or a vehicle operator must present the permit or a copy for inspection upon
the request of an authorized officer. An operator of a vessel in a fishery in which an operator permit is
required must present his/her operator permit and one other form of personal identification that includes
a picture (driver's license, passport, etc.) for inspection upon the request of an authorized officer.
(i)

Sanctions and denials.
(1) A permit, license, or endorsement issued pursuant to this part 622 may be revoked, suspended, or
modified, and a permit, license, or endorsement application may be denied, in accordance with the
procedures governing enforcement-related permit sanctions and denials found at subpart D of 15
CFR part 904.
(2) A person whose operator permit is suspended, revoked, or modified may not be aboard any fishing
vessel subject to Federal fishing regulations in any capacity, if so sanctioned by NOAA, while the
vessel is at sea or offloading. The vessel's owner and operator are responsible for compliance with
this measure. A list of operators whose permits are revoked or suspended may be obtained from the
RA.

(j)

Alteration. A permit, license, or endorsement that is altered, erased, or mutilated is invalid.

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50 CFR 622.4(k)

(k) Replacement. A replacement permit, license, or endorsement may be issued. An application for a
replacement permit, license, or endorsement is not considered a new application. An application for a
replacement operator permit must include two new photographs, as specified in paragraph (a)(2)(ii) of
this section.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19493, Apr. 9, 2014; 81 FR 1792, Jan. 13, 2016; 83 FR 64034, Dec. 13, 2018; 86
FR 72856, Dec. 23, 2021; 87 FR 56215, Sept. 13, 2022]

§ 622.5 Recordkeeping and reporting—general.
This section contains recordkeeping and reporting requirements that are broadly applicable, as specified, to most or
all fisheries governed by this part. Additional recordkeeping and reporting requirements specific to each fishery are
contained in the respective subparts B through U of this part.
(a) Collection of additional data and fish inspection. In addition to data required to be reported as specified in
subparts B through U of this part, as applicable, additional data will be collected by authorized statistical
reporting agents and by authorized officers. A person who fishes for or possesses species in or from the
EEZ governed in this part is required to make the applicable fish or any part thereof available for
inspection by the SRD or an authorized officer on request.
(b) Commercial vessel, charter vessel, and headboat inventory. The owner or operator of a commercial vessel,
charter vessel, or headboat operating in a fishery governed in this part who is not selected to report by the
SRD under the recordkeeping and reporting requirements in subparts B through U of this part, must
provide the following information when interviewed by the SRD:
(1) Name and official number of vessel and permit number, if applicable.
(2) Length and tonnage.
(3) Current home port.
(4) Fishing areas.
(5) Ports where fish were offloaded during the last year.
(6) Type and quantity of gear.
(7) Number of full- and part-time fishermen or crew members.
(c) Dealers —
(1) Permitted Gulf and South Atlantic dealers.
(i)

A person issued a Gulf and South Atlantic dealer permit must submit a detailed electronic
report of all fish first received for a commercial purpose within the time period specified in this
paragraph via the dealer electronic trip ticket reporting system. These electronic reports must
be submitted at weekly intervals via the dealer electronic trip ticket reporting system by 11:59
p.m., local time, the Tuesday following a reporting week. If no fish were received during a
reporting week, an electronic report so stating must be submitted for that reporting week. In
addition, during the open season, dealers must submit daily reports for Gulf migratory group
king mackerel harvested by the run-around gillnet component in the Florida west coast
southern subzone via the port agents, telephone, internet, or other similar means determined by
NMFS. From the beginning of the open season until the commercial ACL (commercial quota)

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50 CFR 622.5(c)(1)(ii)

for the run-around gillnet sector for Gulf migratory group king mackerel is reached, dealers
must submit a daily report if no king mackerel were received during the previous day. NMFS will
provide written notice to dealers that first receive Gulf king mackerel harvested by the runaround gillnet component prior to the beginning of each fishing year if the reporting methods or
deadline change from the previous year.
(ii) Dealers must retain either the paper forms or electronic reports for at least 1 year after the
submittal date and must provide such records for inspection upon the request of an authorized
officer or the SRD.
(iii) During catastrophic conditions only, the ACL monitoring program provides for use of paperbased components for basic required functions as a backup. The RA will determine when
catastrophic conditions exist, the duration of the catastrophic conditions, and which
participants or geographic areas are deemed affected by the catastrophic conditions. The RA
will provide timely notice to affected participants via publication of notification in the FEDERAL
REGISTER, NOAA weather radio, fishery bulletins, and other appropriate means and will authorize
the affected participants' use of paper-based components for the duration of the catastrophic
conditions. The paper forms will be available from NMFS. During catastrophic conditions, the
RA has the authority to waive or modify reporting time requirements.
(iv) Gulf and South Atlantic dealers are not authorized to first receive Gulf reef fish, Gulf red drum,
South Atlantic golden crab, South Atlantic snapper-grouper, South Atlantic wreckfish, South
Atlantic rock shrimp, coastal migratory pelagic fish, spiny lobster, or Atlantic dolphin or wahoo
from a federally permitted vessel if the required reports have not been submitted and received
by NMFS according to the reporting requirements under this section. Delinquent reports
automatically result in a Gulf and South Atlantic dealer becoming ineligible to first receive such
fish, regardless of any notification to dealers by NMFS. Gulf and South Atlantic dealers who
become ineligible to receive such fish due to delinquent reports are authorized to first receive
such fish only after all required and delinquent reports have been submitted and received by
NMFS according to the reporting requirements under this section.
(2) Non-permitted dealers. See § 622.51 for a person who purchases Gulf shrimp from a vessel, or
person, that fishes for shrimp in the Gulf EEZ or in adjoining state waters, or that lands shrimp in an
adjoining state.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19493, Apr. 9, 2014; 80 FR 78674, Dec. 17, 2015; 87 FR 56215, Sept. 13, 2022]

§ 622.6 Vessel identification.
This section does not apply to subpart R of this part, which has its own specific vessel identification requirements in
§ 622.402.
(a) Applicability —
(1) Official number. A vessel for which a permit has been issued under subparts B through U of this part,
except for subpart R, and a vessel that fishes for or possesses pelagic sargassum in the South
Atlantic EEZ, must display its official number—
(i)

On the port and starboard sides of the deckhouse or hull and, for vessels over 25 ft (7.6 m) long,
on an appropriate weather deck, so as to be clearly visible from an enforcement vessel or
aircraft.

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50 CFR 622.6(a)(1)(ii)

(ii) In block arabic numerals permanently affixed to or painted on the vessel in contrasting color to
the background.
(iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft (19.8 m) long; at least 10 inches
(25.4 cm) in height for vessels over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height
for vessels 25 ft (7.6 m) long or less.
(2) Official number and color code. The following vessels must display their official number as specified
in paragraph (a)(1) of this section and, in addition, must display their assigned color code: A vessel
for which a permit has been issued to fish with a sea bass pot, as required under § 622.170(a)(1);
and, in the EEZ around Puerto Rico, St. Croix, or St. Thomas and St. John, a vessel fishing
commercially with traps for reef fish, as defined in subparts S through U of this part, or a vessel
fishing for spiny lobster, when color codes are required and have been assigned to the vessel by
Puerto Rico or the U.S. Virgin Islands, as applicable. Color codes required for vessels fishing in the
EEZ around Puerto Rico, St. Croix, or St. Thomas and St. John are assigned by Puerto Rico or the
U.S. Virgin Islands, as applicable. Color codes required in all other fisheries are assigned by the RA.
The color code must be displayed—
(i)

On the port and starboard sides of the deckhouse or hull and, for vessels over 25 ft (7.6 m) long,
on an appropriate weather deck, so as to be clearly visible from an enforcement vessel or
aircraft.

(ii) In the form of a circle permanently affixed to or painted on the vessel.
(iii) At least 18 inches (45.7 cm) in diameter for vessels over 65 ft (19.8 m) long; at least 10 inches
(25.4 cm) in diameter for vessels over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in
diameter for vessels 25 ft (7.6 m) long or less.
(b) Duties of operator. The operator of a vessel specified in paragraph (a) of this section must keep the official
number and the color code, if applicable, clearly legible and in good repair and must ensure that no part of
the fishing vessel, its rigging, fishing gear, or any other material on board obstructs the view of the official
number or the color code, if applicable, from an enforcement vessel or aircraft.
[78 FR 22952, Apr. 17, 2013, amended at 87 FR 56215, Sept. 13, 2022]

§ 622.7 Fishing years.
The fishing year for species or species groups governed in this part is January 1 through December 31 except for
the following:
(a) Allowable octocoral —October 1 through September 30.
(b) King and Spanish mackerel. The fishing year for the king and Spanish mackerel bag limits specified in §
622.382 is January 1 through December 31. The following fishing years apply only for the king and
Spanish mackerel quotas specified in § 622.384:
(1) Gulf migratory group king mackerel —
(i)

Southern zone —July 1 through June 30.

(ii) Northern zone —October 1 through September 30.
(iii) Western zone —July 1 through June 30.
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50 CFR 622.7(b)(2)

(2) Gulf migratory group Spanish mackerel —April through March.
(3) South Atlantic migratory group king and Spanish mackerel —March through February.
(c) Wreckfish —April 16 through April 15.
(d) South Atlantic greater amberjack —March 1 through the end of February.
(e) South Atlantic black sea bass recreational sector —April 1 through March 31. (Note: The fishing year for
the commercial sector for black sea bass is January 1 through December 31).
(f) South Atlantic yellowtail snapper —August 1 through July 31.
(g) Gulf of Mexico yellowtail snapper —August 1 through July 31.
(h) Gulf of Mexico greater amberjack recreational sector —August 1 through July 31. (Note: The fishing year
for the commercial sector for greater amberjack is January 1 through December 31).
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 66322, Nov. 7, 2014; 80 FR 4218, Jan. 27, 2015; 81 FR 45248, July 13, 2016; 81
FR 10311, Feb. 10, 2017; 82 FR 17394, Apr. 11, 2017; 83 FR 13428, Mar. 29, 2018]

§ 622.8 Quotas—general.
(a) Applicability. Quotas apply for the fishing year for each species, species group, sector, or sector
component unless accountability measures are implemented during the fishing year pursuant to the
applicable annual catch limits (ACLs) and accountability measures (AMs) sections within subparts B
through U of this part due to a quota overage occurring in the previous year, in which case a reduced
quota will be specified through notification in the FEDERAL REGISTER. Annual quota increases are contingent
on the total allowable catch for the applicable species not being exceeded in the previous fishing year. If
the total allowable catch is exceeded in the previous fishing year, the RA will file a notification with the
Office of the Federal Register to maintain the quota for the applicable species, species group, sector, or
sector component from the previous fishing year for following fishing years unless NMFS determines
based upon the best scientific information available that maintaining the quota from the previous year is
unnecessary. Except for the quotas for Gulf and South Atlantic coral, the quotas include species
harvested from state waters adjoining the EEZ.
(b) Quota closures. When a quota specified in this part is reached or is projected to be reached, the Assistant
Administrator will file a notification to that effect with the Office of the Federal Register. On and after the
effective date of such notification, for the remainder of the fishing year, the applicable closure restrictions
for such a quota, as specified in this part apply. See the applicable ACLs, annual catch targets (ACTs), and
AMs sections in subparts B through U of this part for closure provisions when an applicable ACL or ACT is
reached or projected to be reached.
(c) Reopening. When a species, species group, sector, or sector component has been closed based on a
projection of the applicable catch limit (ACL, ACT, or quota) specified in this part being reached and
subsequent data indicate that the catch limit was not reached, the Assistant Administrator may file a
notification with the Office of the Federal Register. Such notification may reopen the species, species
group, sector, or sector component to provide an opportunity for the catch limit to be harvested.
[87 FR 56216, Sept. 13, 2022, as amended at 89 FR 40435, May 10, 2024]

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50 CFR 622.9

§ 622.9 Prohibited gear and methods—general.
This section contains prohibitions on use of gear and methods that are of general applicability, as specified.
Additional prohibitions on use of gear and methods applicable to specific species or species groups are contained
in subparts B through U of this part.
(a) Explosives. An explosive (except an explosive in a powerhead) may not be used to fish in the Caribbean,
Gulf, or South Atlantic EEZ. A vessel fishing in the EEZ for a species governed in this part, or a vessel for
which a permit has been issued under this part, may not have on board any dynamite or similar explosive
substance.
(b) Chemicals and plants. A toxic chemical may not be used or possessed in a coral area.
(c) Fish traps. A fish trap may not be used or possessed in the Gulf or South Atlantic EEZ. A fish trap deployed
in the Gulf or South Atlantic EEZ may be disposed of in any appropriate manner by the Assistant
Administrator or an authorized officer.
(d) Weak link. A bottom trawl that does not have a weak link in the tickler chain may not be used to fish in the
Gulf EEZ. For the purposes of this paragraph, a weak link is defined as a length or section of the tickler
chain that has a breaking strength less than the chain itself and is easily seen as such when visually
inspected.
(e) Use of Gulf reef fish as bait prohibited. Gulf reef fish may not be used as bait in any fishery, except that,
when purchased from a fish processor, the filleted carcasses and offal of Gulf reef fish may be used as
bait in trap fisheries for blue crab, stone crab, deep-water crab, and spiny lobster.
[78 FR 22952, Apr. 17, 2013, amended at 87 FR 56216, Sept. 13, 2022]

§ 622.10 Landing fish intact—-general.
This section contains requirements for landing fish intact that are broadly applicable to finfish in the Gulf EEZ and
Caribbean EEZ, as specified. See subparts B through U of this part, as applicable, for additional species-specific
requirements for landing fish intact.
(a) Finfish in or from the Gulf EEZ or Caribbean EEZ, except as specified in paragraphs (b) and (c) of this
section, must be maintained with head and fins intact.
(b) Atlantic highly migratory species, such as tunas, billfishes (marlins, spearfishes, and swordfish), and
oceanic sharks are not subject to the requirements of paragraph (a) of this section. See 50 CFR part 635
for any requirements applicable to landing Atlantic highly migratory species intact.
(c) In the Gulf EEZ or Caribbean EEZ:
(1) Bait is exempt from the requirement to be maintained with head and fins intact.
(i)

For the purpose of this paragraph (c)(1), “bait” means—
(A) Packaged, headless fish fillets that have the skin attached and are frozen or refrigerated;
(B) Headless fish fillets that have the skin attached and are held in brine; or

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50 CFR 622.10(c)(1)(i)(C)

(C) Small pieces no larger than 3 in3 (7.6 cm3) or strips no larger than 3 inches by 9 inches
(7.6 cm by 22.9 cm) that have the skin attached and are frozen, refrigerated, or held in
brine.
(ii) Paragraph (c)(1)(i) of this section notwithstanding, a finfish or part thereof possessed in or
landed from the Gulf EEZ or Caribbean EEZ that is subsequently sold or purchased as a finfish
species, rather than as bait, is not bait.
(2) Legal-sized finfish possessed for consumption at sea on the harvesting vessel are exempt from the
requirement to have head and fins intact, provided—
(i)

Such finfish do not exceed any applicable bag limit;

(ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per person aboard; and
(iii) The vessel is equipped to cook such finfish on board.
(d) The operator of a vessel that fishes in the EEZ is responsible for ensuring that fish on that vessel in the
EEZ are maintained intact and, if taken from the EEZ, are maintained intact through offloading ashore, as
specified in this section.
[78 FR 22952, Apr. 17, 2013, amended at 87 FR 56216, Sept. 13, 2022]

§ 622.11 Bag and possession limits—general applicability.
This section describes the general applicability provisions for bag and possession limits specified in subparts B
through U of this part.
(a) Applicability.
(1) The bag and possession limits apply for a species or species group in or from the EEZ. Unless
specified otherwise, bag limits apply to a person on a daily basis, regardless of the number of trips in
a day. Unless specified otherwise, a person is limited to a single bag limit for a trip lasting longer
than one calendar day. Unless specified otherwise, possession limits apply to a person on a trip after
the first 24 hours of that trip. The bag and possession limits apply to a person who fishes in the EEZ
in any manner, except a person on a vessel in the EEZ that has on board the commercial vessel
permit required under this part for the appropriate species or species group. The possession of a
commercial vessel permit notwithstanding, the bag and possession limits apply when the vessel is
operating as a charter vessel or headboat. A person who fishes in the EEZ may not combine a bag
limit specified in subparts B through U of this part with a bag or possession limit applicable to state
waters. A species or species group subject to a bag limit specified in subparts B through U of this
part and taken in the EEZ by a person subject to the bag limits may not be transferred at sea,
regardless of where such transfer takes place, and such fish may not be transferred in the EEZ. The
operator of a vessel that fishes in the EEZ is responsible for ensuring that the bag and possession
limits specified in subparts B through U of this part are not exceeded.
(2) [Reserved]
(b) [Reserved]
[87 FR 56216, Sept. 13, 2022]

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50 CFR 622.12

§ 622.12 [Reserved]
§ 622.13 Prohibitions—general.
In addition to the general prohibitions in § 600.725 of this chapter, it is unlawful for any person to do any of the
following:
(a) Engage in an activity for which a valid Federal permit, license, or endorsement is required under this part
without such permit, license, or endorsement.
(b) Falsify information on an application for a permit, license, or endorsement or submitted in support of such
application, as specified in this part.
(c) Fail to display a permit, license, or endorsement, or other required identification, as specified in this part.
(d) Falsify or fail to maintain, submit, or provide information or fail to comply with inspection requirements or
restrictions, as specified in this part.
(e) Fail to make a fish, or parts thereof, available for inspection, as specified in this part.
(f) Falsify or fail to display and maintain vessel and gear identification, as specified in this part.
(g) Harvest or possess fish if the required charter vessel or headboat reports have not been submitted in
accordance with this part.
(h) First receive fish from federally permitted vessels if the required reports have not been submitted in
accordance with § 622.5(c).
(i)

Fail to comply with any requirement or restriction regarding ITQ coupons, as specified in § 622.172.

(j)

Possess wreckfish as specified in § 622.172, receive wreckfish except as specified in § 622.172, or
offload a wreckfish except as specified in § 622.172.

(k) Transfer—
(1) A wreckfish, as specified in § 622.172;
(2) A limited-harvest species, as specified in this part;
(3) A species/species group subject to a bag limit, as specified in this part;
(4) South Atlantic snapper-grouper from a vessel with unauthorized gear on board, as specified in §
622.188; or
(5) A species subject to a commercial trip limit, as specified in this part.
(l)

Use or possess prohibited gear or methods or possess fish in association with possession or use of
prohibited gear, as specified in this part.

(m) Fish for, harvest, or possess a prohibited species, or a limited-harvest species in excess of its limitation,
sell or purchase such species, fail to comply with release requirements, molest or strip eggs from a
lobster, or possess a lobster, or part thereof, from which eggs, swimmerettes, or pleopids have been
removed or stripped, as specified in this part.

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50 CFR 622.13(n)

(n) Fish in violation of the prohibitions, restrictions, and requirements applicable to seasonal and/or area
closures, including but not limited to: Prohibition of all fishing, gear restrictions, restrictions on take or
retention of fish, fish release requirements, and restrictions on use of an anchor or grapple, as specified in
this part or as may be specified under this part.
(o) Harvest, possess, offload, sell, or purchase fish in excess of the seasonal harvest limitations, as specified
in this part.
(p) Except as allowed for king and Spanish mackerel and Gulf of Mexico and South Atlantic spiny lobster,
possess undersized fish, fail to release undersized fish, or sell or purchase undersized fish, as specified in
this part.
(q) Fail to maintain a fish intact through offloading ashore, as specified in this part.
(r) Exceed a bag or possession limit, as specified in this part.
(s) Fail to comply with the limitations on traps and pots, including but not limited to: Tending requirements,
constructions requirements, and area specific restrictions, as specified in this part.
(t) Fail to comply with the species-specific limitations, as specified in this part.
(u) Fail to comply with the restrictions that apply after closure of a fishery, sector, or component of a fishery,
as specified in this part.
(v) Possess on board a vessel or land, purchase, or sell fish in excess of the commercial trip limits, as
specified in this part.
(w) Fail to comply with the restrictions on sale/purchase, as specified in this part.
(x) Interfere with fishing or obstruct or damage fishing gear or the fishing vessel of another, as specified in
this part.
(y) Fail to comply with the requirements for observer coverage as specified in this part.
(z) Assault, resist, oppose, impede, intimidate, or interfere with a NMFS-approved observer aboard a vessel.
(aa) Prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an
observer from conducting his or her duties aboard a vessel.
(bb) Fish for or possess golden crab in or from a fishing zone or sub-zone of the South Atlantic EEZ other than
the zone or sub-zone for which the vessel is permitted or authorized, as specified in § 622.241.
(cc) Falsify information submitted regarding an application for testing a BRD or regarding testing of a BRD, as
specified in §§ 622.53 and 622.207.
(dd) Make a false statement, oral or written, to an authorized officer regarding the installation, use, operation,
or maintenance of a vessel monitoring system (VMS) unit or communication service provider.
(ee) Operate or own a vessel that is required to have a permitted operator aboard when the vessel is at sea or
offloading without such operator aboard, as specified in this part.
(ff) When a vessel that is subject to Federal fishing regulations is at sea or offloading, own or operate such
vessel with a person aboard whose operator permit is revoked, suspended, or modified.
(gg) Fail to comply with any provision related to a vessel monitoring system (VMS) as specified in this part,
including but not limited to, requirements for use, installation, activation, access to data, procedures
related to interruption of VMS operation, and prohibitions on interference with the VMS.
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50 CFR 622.13(hh)

(hh) Fail to comply with the protected species conservation measure as specified in this part.
(ii) Fail to comply with any provision related to the IFQ program for Gulf red snapper as specified in § 622.21,
or the IFQ program for Gulf groupers and tilefishes as specified in § 622.22.
(jj) Falsify any information required to be submitted regarding the IFQ program for Gulf red snapper as
specified in § 622.21, or the IFQ program for Gulf groupers and tilefishes as specified in § 622.22.
(kk) Fail to comply with the Caribbean, Gulf of Mexico, and South Atlantic spiny lobster import prohibitions, as
specified in this part.
(ll) Possess a Gulf of Mexico or South Atlantic spiny lobster trap in the EEZ at a time not authorized, as
specified in subpart R.
(mm) Harvest or attempt to harvest a Gulf of Mexico or South Atlantic spiny lobster by diving without having
and using in the water a measuring device, as specified in subpart R.
(nn) Possess Gulf of Mexico or South Atlantic spiny lobsters aboard a vessel that uses or has on board a net or
trawl in an amount exceeding the limits, as specified in subpart R.
(oo) Operate a vessel that fishes for or possesses Gulf of Mexico or South Atlantic spiny lobster in or from the
EEZ with spiny lobster aboard in an amount exceeding the cumulative bag and possession limit, as
specified in subpart R.
(pp) Fail to comply with any provision 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 species cultured in the Gulf at non-U.S. ports, unless first landed at a U.S.
port.
(ss) Fail to comply with any other requirement 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 Atlantic 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 fisheries.

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50 CFR 622.17

§ 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.

§ 622.19 Incorporation by reference.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, NMFS must publish a document in the FEDERAL REGISTER and the material must be
available to the public. All approved material is available for inspection at NMFS and at the National
Archives and Records Administration (NARA). Contact NMFS at: NMFS, Office of Sustainable Fisheries,
1315 East-West Highway, Silver Spring, MD; 301-427-8500; www.fisheries.noaa.gov/about/officesustainable-fisheries. For information on the availability of this material at NARA, email:
fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material
may be obtained from the source(s) in paragraphs (b) and (c) of this section.
(b) Florida Administrative Code (F.A.C.): Florida Fish and Wildlife Conservation Commission, 620 South
Meridian Street, Tallahassee, FL 32399; telephone: 850-487-0554; http://www.flrules.org.
(1) [Reserved]
(2) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper lobster, Rule 68B-24.002: Definitions,
amended May 1, 2017, IBR approved for § 622.400(a).
(3) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper lobster, Rule 68B-24.005: Seasons,
amended November 1, 2018, IBR approved for § 622.403(b).
(4) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper lobster, Rule 68B-24.006: Gear: Traps,
Buoys, Identification Requirements, Prohibited Devices, amended May 1, 2017, IBR approved for §
622.402(a), § 622.404(f), and § 622.405(b).
(5) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and slipper lobster, Rule 68B-24.007: Other
Prohibitions, amended May 1, 2017, IBR approved for § 622.404(e).
(6) F.A.C., Chapter 68B-38: Shrimping and trapping: Closed areas and seasons, Rule 68B-38.001: CitrusHernando Shrimping and Trapping Closed Areas and Seasons, in effect as of March 1, 2005, IBR
approved for § 622.55(e).
(7) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal, Rule 68B-55.002: Retrieval of Trap
Debris, in effect as of October 15, 2007, IBR approved for §§ 622.402(c) and 622.403(b).
(8) F.A.C., Chapter 68B-55: Trap retrieval and trap debris removal, Rule 68B-55.004: Retrieval of Derelict
and Traps Located in Areas Permanently Closed to Trapping, in effect as of October 15, 2007, IBR
approved for §§ 622.402(c) and 622.403(b).
(c) Florida Statute: Florida Fish and Wildlife Commission, 620 South Meridian Street, Tallahassee, FL 32399;
telephone: 850-487-0554; http://www.leg.state.fl.us/statutes/.
(1) Florida Statutes, Chapter 379: Fish and Wildlife Conservation, Part VII: Nonrecreational Licenses,
Section 379.367: Spiny lobster; regulation, 379.367, in effect as of July 1, 2008, IBR approved for §
622.402(a).
(2) [Reserved]
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50 CFR 622.20

[78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37152, July 31, 2019. Redesignated and amended at 87 FR 56216, Sept. 13,
2022; 88 FR 29847, May 9, 2023]

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 vessel and must be on board. If Federal regulations for Gulf reef fish in subparts A or B
of this part are more restrictive than state regulations, a person aboard a vessel for which a
commercial 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 limited access system for commercial vessel permits for Gulf reef fish. See §§
622.21(b)(1) and 622.22(b)(1), respectively, 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 restriction on
transfer in paragraph (a)(1)(i)(B) of this section, and are subject to the requirement for
timely renewal 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, installation, activation, and operational status of an approved VMS
for the vessel 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 vessel owned by the same entity. A permit holder may also transfer the
commercial 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 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 commercial vessel permits for Gulf reef fish and wants to consolidate some or
all of those permits, and the landings histories associated with those permits, into one permit
must submit a completed 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/resourcesfishing/permits-applications-and-forms-southeast.
(2) Commercial vessel endorsements —

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50 CFR Part 622 (up to date as of 7/01/2024)
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(i)

50 CFR 622.20(a)(2)(i)

Eastern Gulf reef fish bottom longline endorsement. 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 endorsement must be renewed annually and
may only be renewed if the associated vessel has a valid commercial vessel 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
expiration date.
(A) Transferability. An owner of a vessel 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 renewal, transfer, or replacement of an eastern Gulf reef
fish bottom longline endorsement. The amount of each fee is calculated in accordance
with the procedures of the NOAA Finance Handbook, available from the RA, for
determining the administrative costs of each special product or service. The fee may not
exceed such costs and is specified with each application form. The appropriate fee must
accompany each application for renewal, transfer, or replacement.

(ii) [Reserved]
(b) Charter vessel/headboat permits. For a person aboard a vessel that is operating 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 vessel
that is operating as a charter vessel or headboat to fish for or possess Florida Keys/East Florida hogfish
in or from the Gulf EEZ, a valid charter vessel/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 restrictions on transfer in paragraph (b)(1)(i) of this section, and are
subject to the renewal requirements in paragraph (b)(1)(ii) of this section. An eligible 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 historical 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 historical captain endorsement may only be transferred to a vessel
operated by the historical captain and is not otherwise 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

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50 CFR 622.20(b)(1)(ii)

information on the reverse side of the permit and return the permit and a completed
application for transfer to the RA. See § 622.4(f) for additional 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 surveys. Surveys include, but are not limited to—
(1) NMFS' Marine Recreational Fishing Vessel Directory Telephone Survey (conducted by
the Gulf States Marine Fisheries Commission);
(2) Charter vessel and headboat recordkeeping and reporting requirements specified in §
622.26(b);
(3) Texas Parks and Wildlife Marine Recreational Fishing Survey; or
(4) A data collection system that replaces 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 required, is not received by the RA within 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 deckhouse or hull and
must be maintained so that it is clearly visible.
(iv) Passenger capacity compliance requirement. A vessel operating as a charter vessel or headboat
with a valid charter vessel/headboat permit for Gulf reef fish, which is carrying more
passengers on board the vessel than is specified on the permit, is prohibited from harvesting or
possessing the species identified on the permit.
(v) Procedure for conversion of permit with historical captain endorsement. A charter vessel/
headboat permit with a historical captain endorsement may be converted to a charter vessel/
headboat permit for Gulf reef fish without a historical captain endorsement. A charter vessel/
headboat permit with a historical captain endorsement that is converted to a charter vessel/
headboat permit without a historical captain endorsement will retain the same vessel permit
maximum passenger capacity as the permit it replaces. To convert an eligible charter vessel/
headboat permit with a historical captain endorsement, the permit holder must submit a permit
application to the RA by July 30, 2025. If no application to convert an eligible charter vessel/
headboat permit with a historical captain endorsement is submitted by July 30, 2025, the
permit holder will retain a charter vessel/headboat permit with the historical captain
endorsement that is subject to the restrictions described in paragraph (b)(1)(i)(B) of this
section.

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50 CFR 622.20(b)(2)

(2) A charter vessel or headboat may have both a charter vessel/headboat permit and a commercial
vessel permit. However, when a vessel is operating 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 considered 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
regulations, 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 requirements. To obtain a dealer permit or endorsement, 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 location in such state(s).
(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; 88 FR 42272, June 30, 2023]

§ 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 January 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 regarding eligibility to participate in the Gulf red snapper IFQ
program as of January 1, 2012. Shares and annual IFQ allocation are transferable. See paragraph (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 account. See paragraph (b)(2) of this section regarding a requirement for a
Gulf IFQ dealer endorsement. Details regarding eligibility, applicable landings history, account setup and
transaction requirements, constraints on transferability, and other provisions of this IFQ system are
provided in the following paragraphs of this section.
(1) Scope. The provisions of this section regarding the harvest and possession 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 account 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 regardless of where harvested or possessed.
(2) Duration. The IFQ program established by this section will remain in effect until it is modified or
terminated; however, the program will be evaluated by the Gulf of Mexico Fishery Management
Council every 5 years.
(3) Electronic system requirements.

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

(i)

50 CFR 622.21(a)(3)(i)

The administrative functions associated with this IFQ program, e.g., registration and account
setup, landing transactions, and transfers, are designed to be accomplished online; therefore, a
participant must have access to a computer and Internet access and must set up an
appropriate IFQ account 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 shareholders and dealers with Gulf reef fish dealer permits information
and instructions 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 January 1, 2012, all U.S.
citizens and permanent resident aliens are eligible to establish an IFQ account. As of January 1,
2012, all current IFQ participants must complete and submit the application for an IFQ Account
to certify their citizenship status and ensure their account information (e.g., mailing address,
corporate shareholdings, etc.) is up to date. See § 622.21(b)(11) regarding requirements for the
application for an IFQ Account. Each IFQ participant must monitor his/her online account 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 required functions as a backup. The RA will determine when catastrophic
conditions exist, the duration of the catastrophic conditions, and which participants or
geographic areas are deemed affected by the catastrophic conditions. The RA will provide
timely notice to affected participants via publication of notification in the FEDERAL REGISTER,
NOAA weather radio, fishery bulletins, and other appropriate means and will authorize the
affected participants' 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
program functions available to participants or geographic areas deemed affected by
catastrophic conditions will be limited under the paper-based system. There will be no
mechanism for transfers of IFQ shares or allocation under the paper-based system in effect
during catastrophic conditions. Assistance in complying with the requirements of the paperbased 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
shareholder or allocation holder is authorized to possess, land, or sell during 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 red snapper. If the quota is increased after the beginning 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 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
implement the commercial quota reduction is not published in the FEDERAL REGISTER 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.

50 CFR 622.21(a)(4) (enhanced display)

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50 CFR 622.21(a)(5)

(5) Closing an IFQ account. IFQ account holders may close an IFQ account 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 account. 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, indicating the relationship to the deceased, provide a death certificate, and provide
any additional information NMFS determines is necessary to complete the request. IFQ shareholder
accounts may not be closed until all shares and allocation 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 Customer Service staff may close an IFQ account if all shares
and allocation have been transferred from the account, 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 Service staff, it may be reopened at
the request of the IFQ account holder by contacting 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 snapper. 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 possessed, a Gulf IFQ vessel account for Gulf red snapper must
have been established. 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 permit for
Gulf reef fish, who has established an IFQ account for Gulf red snapper as specified in paragraph
(a)(3)(i) of this section, online via the NMFS IFQ website https://secatchshares.fisheries.noaa.gov/,
may establish 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 contact 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 account. Only one vessel account
may be established per vessel under each IFQ program. An owner with multiple vessels may
establish multiple vessel accounts 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 account, or its linked
IFQ shareholder account, must hold sufficient IFQ allocation, 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 vessel account holds sufficient IFQ allocation at the
time of the landing transaction (except for any overage allowed as specified in paragraph (b)(3)(ii) of
this section). The vessel account remains valid as long as the vessel 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 requirements, 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 provisions 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 section, 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 endorsement. A dealer with a Gulf and South
50 CFR 622.21(b)(2) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
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50 CFR 622.21(b)(3)

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 transferable.
(3) IFQ Landing and transaction requirements.
(i)

At the time of advance notice of landing, the IFQ vessel account, or its linked IFQ shareholder
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. At the time of the landing
transaction, 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
allocation, 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 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 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 landing of Gulf red snapper via
the IFQ Web site on the day of offload, 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 reported on the most recent landing notification, in accordance with the reporting
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 red snapper landed 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 determined); 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 report is submitted. After the dealer submits 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 regarding the landing transaction report after approval, the dealer or
vessel account holder (or his or her authorized agent) must initiate a landing transaction
correction form to correct the landing transaction. This form is available via the IFQ Web site.
The dealer must then print out the form, both parties must sign it, and the form must be mailed
to NMFS. The form must be received by NMFS no later than 15 days after the date of the initial
landing transaction.

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(4) IFQ cost recovery fees. As required by section 304(d)(2)(A)(i) of the Magnuson-Stevens Act, the RA
will collect a fee to recover the actual costs directly related to the management and enforcement of
the Gulf red snapper IFQ program. The fee cannot exceed 3 percent 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
documented in each landings transaction report. The RA will review the cost recovery fee annually to
determine if adjustment is warranted. Factors considered in the review include the catch subject to
the IFQ cost recovery, projected ex-vessel value of the catch, costs directly related to the
management and enforcement of the IFQ program, 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 REGISTER.
(i)

Payment responsibility. The IFQ allocation holder specified in the documented red snapper IFQ
landing transaction report is responsible for payment of the applicable cost recovery fees.

(ii) Collection and submission responsibility. A dealer who receives Gulf red snapper subject to the
IFQ program is responsible for collecting the applicable cost recovery fee for each IFQ landing
from the IFQ allocation holder specified in the IFQ landing transaction report. Such dealer is
responsible 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 deadline 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
responsible for submitting the cost recovery fee payments using pay.gov via the IFQ system.
Authorized payments methods are credit card, debit card, or automated clearing house (ACH).
Payment by check will be authorized only if the RA has determined that the geographical area
or an individual(s) is affected by catastrophic conditions.
(iv) Fee reconciliation process—delinquent fees. The following procedures apply to an IFQ dealer
whose cost recovery 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 official notice via mail indicating
the applicable fees are delinquent, and the dealer's IFQ account has been suspended
pending payment of the applicable fees.
(B) On or about the 91st day after the end of each calendar-year quarter, the RA will refer any
delinquent IFQ dealer 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 location of landing, estimated red
snapper landings in pounds gutted weight, vessel identification number (Coast Guard

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registration number or state registration number), and the name and address 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 except as provided in paragraph (b)(5)(i)(C)
of this section. The vessel landing red snapper must have sufficient 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 notification. Authorized methods for contacting NMFS
and submitting the report include calling IFQ Customer Service at 1-866-425-7627,
completing and submitting to NMFS a landing notification provided through the VMS unit,
or providing the required information 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 notification 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 notification by submitting a
superseding notification. If the initial superseding notification makes changes to one or
more of the following: the time of landing (if landing more than 1 hour after the time on
the notification), the dealer(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 previously
specified, or more than one superseding notification is submitted on a trip, the vessel
must wait an additional 3 hours to land, except as provided in paragraph (b)(5)(i)(C) of this
section.
(ii) Time restriction on offloading. For the purpose of this paragraph, offloading means to remove
IFQ red snapper 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 authorizes 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 another vessel is prohibited.
(iv) Requirement for transaction approval 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 accurately weigh
the fish and to connect electronically to the online IFQ system to complete the transaction and
obtain the transaction approval code is required. After a landing transaction has been
completed, a transaction approval code verifying a legal transaction of the amount of IFQ red
snapper in possession and a copy of the dealer endorsement must accompany any IFQ red
snapper from the landing location through possession by a dealer. This requirement also
applies to IFQ red snapper possessed on a vessel that is trailered for transport. A dealer may
only receive IFQ red snapper transported by a vehicle or a trailered vessel that has a
corresponding transaction approval code.

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(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 submitted 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 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 following criteria:
(A) Landing locations must have a street address. If there is no street address 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 publicly 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 officer. Examples of such conditions include, but are not
limited to: A locked gate, fence, wall, or other barrier preventing 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 deterrent.
(6) Transfer of IFQ shares and allocation. Until January 1, 2012, IFQ shares and allocations can be
transferred only to a person who holds a valid commercial vessel permit for Gulf reef fish; thereafter,
IFQ shares and allocations can be transferred only to a U.S. citizen or permanent resident alien.
However, 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. Transfer of shares will result in the corresponding allocation being automatically
transferred to the person receiving the transferred share beginning with the fishing year
following the year the transfer occurred. However, within the fishing year the share transfer
occurs, transfer of shares and associated allocation are independent—unless the associated
allocation is transferred separately, it remains with the transferor for the duration of that fishing
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
initiated the transfer will be cancelled, and the pending shares will be re-credited to the
shareholder who initiated the transfer.

(ii) Share transfer procedures. Share transfers must be accomplished online via the IFQ Web site.
An IFQ shareholder must initiate a share transfer request by logging onto the IFQ Web site.
Following the instructions provided on the IFQ Web site, the shareholder must enter pertinent
information regarding the transfer request including, 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 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
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transferee the existence of any pending sanction at the time of the transfer. For the first 5 years
this IFQ program is in effect, an eligible transferee is a person who has a valid commercial
vessel permit for Gulf reef fish; is in compliance with all reporting requirements for the Gulf reef
fish fishery 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 permanent
resident aliens who are otherwise in compliance with the provisions of this section. The online
system will verify the transfer information entered. If the information is not accepted, the online
system will send the shareholder an electronic message explaining the reason(s) why the
transfer request cannot be completed. If the information is accepted, the online system will
send the transferee an electronic 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 transaction approval code to both the transferor and transferee
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.
(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 subsequent 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 account. Allocation held in a vessel account, however, may only be transferred
back to the IFQ account through which the vessel account was established.
(iv) Allocation transfer procedures. Allocation transfers must be accomplished online via the IFQ
Web site. An IFQ account holder must initiate an allocation transfer by logging onto the IFQ
Web site, entering the required information, including but not limited to, name of an eligible
transferee and amount of IFQ allocation to be transferred and price, and submitting the transfer
electronically. An IFQ allocation 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 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
online system will provide 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 January 1 at 2 p.m. eastern time the following 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
upcoming 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 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 cap. No person, including 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 considering the share
cap, a corporation's total IFQ share is determined by adding 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 individual's total IFQ share is determined 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
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identity of the shareholders of the corporation and their percent of shares in the corporation, 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 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 shareholder's IFQ shares have been
permanently revoked, the RA will redistribute the IFQ shares held by that shareholder 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
subsequent fishing year.
(10) Annual recalculation and notification of IFQ shares and allocation. On or about January 1 each year,
IFQ shareholders will be notified, via the IFQ Web site, of their IFQ share and allocation for the
upcoming fishing year. These updated share values will reflect the results of applicable share
transfers and any redistribution of shares (subject 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 required as a result of
prior fishing year overages as specified in paragraph (b)(3)(ii) of this section. IFQ participants 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 participants 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 shareholders and allocation holders. The requirements to meet the
definition of a U.S. citizen are described in the Immigration 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 accordance 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 section, or a Gulf IFQ dealer endorsement, as specified in
paragraph (b)(2) of this section apply.
(i)

Gulf red snapper IFQ program participation for current red snapper IFQ account 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
certify status as a U.S. citizen or permanent resident alien. The IFQ account holder must also
complete and submit any other information on this form that may be necessary for the
administration of the IFQ account. A person with an established 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 updated prior to the
account 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 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 application prior to the account validity date will lead to the suspension of the

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participant's IFQ account until a completed application is submitted. After January 1, 2012,
participants who certify that they are either not U.S. citizens or permanent resident aliens will
be ineligible to receive shares or allocation through transfer.
(ii) Gulf red snapper IFQ program participation for entities that do not currently possess an IFQ
account. The following procedures apply to U.S citizens or permanent resident aliens who are
not otherwise described in either paragraphs (a) or (b)(11)(i) of this section.
(A) To establish an IFQ account, a person must first complete the application for an IFQ
Account that is available on the website https://secatchshares.fisheries.noaa.gov. An
applicant for an IFQ account under this paragraph must provide the following;
(1) Name; address; telephone number; date of birth; tax identification number;
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 specified 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 establish 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 application, the application will be considered abandoned.
(C) After an applicant submits a completed application for an IFQ account, the RA will mail the
applicant general instructions regarding procedures related to the IFQ online system,
including 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
Account. 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 updated prior to the account validity
date (expiration date of the account) that is displayed on each account holder's IFQ
account page. The RA will mail each participant who has established 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 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 IFQ account until a completed application is submitted.
(F) For information regarding transfer of IFQ shares and allocation, the IFQ share cap, and the
annual recalculation and notification of IFQ shares and allocation, see paragraphs (b)(6),
(b)(8), and (b)(10) of this section, respectively.

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(G) Participation in the Gulf red snapper IFQ program beyond transferring IFQ shares and
allocation is explained 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 (including 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 paragraph (a)(7) of
this section. For the purposes of this IFQ program, Other SWG includes black grouper, scamp, yellowfin
grouper, yellowmouth grouper, 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 equivalent to a percentage of the annual commercial quotas
for DWG, red grouper, gag, Other SWG, and tilefishes, 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 calendar year. Shares and annual IFQ
allocation are transferable. See paragraph (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 account for Gulf groupers
and tilefishes. See paragraph (b)(2) of this section regarding a requirement for a Gulf IFQ dealer
endorsement. Details regarding eligibility, applicable landings history, account setup and transaction
requirements, constraints on transferability, and other provisions of this IFQ system are provided in the
following paragraphs of this section.
(1) Scope. The provisions of this section 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 section, these provisions apply to Gulf groupers and tilefishes
regardless of where harvested or possessed.
(2) Duration. The IFQ program established by this section will remain in effect until it is modified or
terminated; however, the program will be evaluated by the Gulf of Mexico Fishery Management
Council every 5 years.
(3) Electronic system requirements.
(i)

The administrative functions associated with this IFQ program, e.g., registration and account
setup, landing transactions, and transfers, are designed to be accomplished online; therefore, a
participant must have access to a computer and Internet access and must set up an
appropriate IFQ account 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 shareholders and dealers with Gulf reef fish dealer permits information
and instructions 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 endorsement must first contact IFQ Customer Service at 1-866-425-7627 to obtain
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information necessary to set up the required IFQ account. All current IFQ participants must
complete and submit the application for an IFQ Account to certify their citizenship status and
ensure their account information (e.g., mailing address, corporate shareholdings, etc.) is up to
date. See paragraph (b)(11) of this section regarding requirements for the application for an IFQ
Account. Each IFQ participant must monitor his/her online account 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 required functions as a backup. The RA will determine when catastrophic
conditions exist, the duration of the catastrophic conditions, and which participants or
geographic areas are deemed affected by the catastrophic conditions. The RA will provide
timely notice to affected participants via publication of notification in the FEDERAL REGISTER,
NOAA weather radio, fishery bulletins, and other appropriate means and will authorize the
affected participants' 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
program functions available to participants or geographic areas deemed affected by
catastrophic conditions will be limited under the paper-based system. There will be no
mechanism for transfers of IFQ shares or allocation under the paper-based system in effect
during catastrophic conditions. Assistance in complying with the requirements of the paperbased 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 groupers and tilefishes, in pounds gutted weight,
an IFQ shareholder or allocation holder is authorized to possess, land, or sell during 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 beginning 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 reduction in the applicable commercial quota specified in § 622.39(a)(1)
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 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 reduction is not published in the FEDERAL REGISTER and effective by
June 1, NMFS will distribute withheld IFQ allocation 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 allocation —
(i)

Red grouper multi-use allocation.
(A) At the time the commercial quota for red grouper is distributed to IFQ shareholders, a
percentage of each shareholder's initial red grouper allocation will be converted to red
grouper multi-use allocation. Red grouper multi-use allocation, determined annually, will be
based on the following formula:
Red Grouper multi-use allocation (in percent) = 100 * [Gag ACL − Gag commercial
quota]/Red grouper commercial quota

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50 CFR 622.22(a)(5)(i)(B)

(B) Red grouper multi-use allocation may be used to possess, land, or sell either red grouper or
gag under certain conditions. Red grouper multi-use allocation may be used to possess,
land, or sell red grouper only after an IFQ account holder's (shareholder or allocation
holder's) red grouper allocation has been landed and sold, or transferred; 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 allocation, 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 conditions. Gag multi-use allocation may be used to possess, land, or sell
gag only after an IFQ account holder's (shareholder or allocation holder's) gag allocation
has been landed and sold, or transferred; and to possess, land, or sell red grouper, only
after both red grouper and red grouper multi-use allocation have been landed and sold, or
transferred. Multi-use allocation transfer procedures and restrictions are specified in
paragraph (b)(6)(iv) of this section. 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 species 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 landed
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 considered a SWG species and under certain 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 allocation has been landed and sold, or transferred, or if an IFQ account holder
has no SWG allocation, then DWG allocation may be used to land and sell scamp.
(8) Closing an IFQ account. IFQ account holders may close an IFQ account 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 account. 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, indicating the relationship to the deceased, provide a death certificate, and provide
any additional information NMFS determines is necessary to complete the request. IFQ shareholder
accounts may not be closed until all shares and allocation 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 Customer Service staff may close an IFQ account if all shares
and allocation have been transferred from the account, 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 Service staff, it may be reopened at
the request of the IFQ account holder by contacting IFQ Customer Service.

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50 CFR 622.22(a)(9)

(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 section or tilefishes
(including goldface tilefish, blueline tilefish, and tilefish), regardless of where harvested or
possessed, a Gulf IFQ vessel account for the applicable species or species groups must have been
established. As a condition 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 permit for
Gulf reef fish, who has established an IFQ account for the applicable species, as specified in
paragraph (a)(3)(i) of this section, online via the NMFS IFQ website
https://secatchshares.fisheries.noaa.gov, may establish 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
contact 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
account. Only one vessel account may be established per vessel under each IFQ program. An owner
with multiple vessels may establish multiple vessel accounts 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 account, or its linked IFQ shareholder account, must hold sufficient IFQ allocation 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 vessel account holds sufficient IFQ allocation at the time of the landing
transaction (except for any overage allowed as specified in paragraph (b)(3)(ii) for groupers and
tilefishes). The vessel account remains valid as long as the vessel 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 requirements, 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 provisions of this
paragraph do not apply to fishing for or possession 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 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 endorsement. 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 transferable.
(3) IFQ Landing and transaction requirements.

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(i)

50 CFR 622.22(b)(3)(i)

At the time of advance notice of landing, the IFQ vessel account, or its linked IFQ shareholder
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 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
paragraph (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 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
allocation from among any of the grouper or tilefish share categories, 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 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 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 landing of Gulf groupers or
tilefishes via the IFQ Web site on the day of offload, 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 reported on the most recent landing notification, in accordance with
the reporting 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 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 determined); and information necessary to identify
the fisherman, vessel, and dealer involved in the transaction. The fisherman must validate the
dealer transaction 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 regarding the landing transaction report after approval, the dealer or
vessel account holder (or his or her authorized agent) must initiate a landing transaction
correction form to correct the landing transaction. This form is available via the IFQ Web site.
The dealer must then print out the form, both parties must sign it, and the form must be mailed
to NMFS. The form must be received 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 management and enforcement of the IFQ program 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 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 groupers and tilefishes landed per trip under the IFQ
program, as documented in each landings transaction report. The RA will review the cost recovery
fee annually to determine if adjustment is warranted. Factors considered in the review include the
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50 CFR 622.22(b)(4)(i)

catch subject to the IFQ cost recovery, projected ex-vessel value of the catch, costs directly related
to the management and enforcement of the IFQ program, 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 REGISTER.
(i)

Payment responsibility. The IFQ account holder specified in the documented IFQ landing
transaction report for Gulf groupers and tilefishes is responsible for payment of the applicable
cost recovery fees.

(ii) Collection and submission responsibility. A dealer who receives Gulf groupers or tilefishes
subject to the IFQ program is responsible for collecting the applicable cost recovery fee for
each IFQ landing from the IFQ account holder specified in the IFQ landing transaction report.
Such dealer is responsible 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 calendaryear 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 recovery fees that are due. The dealer is
responsible for submitting the cost recovery fee payments using pay.gov via the IFQ system.
Authorized payment methods are credit card, debit card, or automated clearing house (ACH).
Payment by check will be authorized only if the RA has determined that the geographical area
or an individual(s) is affected by catastrophic conditions.
(iv) Fee reconciliation process—delinquent fees. The following procedures apply to an IFQ dealer
whose cost recovery 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 official notice via mail indicating
the applicable fees are delinquent, and the dealer's IFQ account has been suspended
pending payment of the applicable fees.
(B) On or about the 91st day after the end of each calendar-year quarter, the RA will refer any
delinquent IFQ dealer 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, estimated
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 except as provided in paragraph
(b)(5)(i)(C) of this section. The vessel landing groupers or tilefishes must have sufficient
IFQ allocation in the IFQ vessel account, or its linked IFQ shareholder account, and in the

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50 CFR 622.22(b)(5)(i)(B)

appropriate 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 notification. Authorized methods for contacting NMFS
and submitting the report include calling IFQ Customer Service at 1-866-425-7627,
completing and submitting to NMFS a landing notification provided through the VMS unit,
or providing the required information 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 notification 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 notification by submitting a
superseding notification. If the initial superseding notification makes changes to one or
more of the following: the time of landing (if landing more than 1 hour after the time on
the notification), the dealer(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 previously
specified, or more than one superseding notification is submitted on a trip, the vessel
must wait an additional 3 hours to land, except as provided in paragraph (b)(5)(i)(C) of this
section.
(ii) Time restriction on offloading. For the purpose of this paragraph, offloading 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 dockside transfer of IFQ
groupers or tilefishes from one vessel to another vessel is prohibited.
(iv) Requirement for transaction approval 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 capability to
accurately weigh the fish and to connect electronically to the online IFQ system to complete the
transaction and obtain the transaction approval 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 requirement 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 corresponding transaction approval code.
(v) Approved landing locations. IFQ groupers and tilefishes 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 groupers or tilefishes at these sites. Proposed landing locations may be
submitted 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
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50 CFR 622.22(b)(5)(v)(A)

quarter. To have your 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 following criteria:
(A) Landing locations must have a street address. If there is no street address 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 publicly 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 officer. Examples of such conditions include, but are not
limited to: A locked gate, fence, wall, or other barrier preventing 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 deterrent.
(6) Transfer of IFQ shares and allocation. Until January 1, 2015, IFQ shares and allocations can be
transferred only to a person who holds a valid commercial vessel permit for Gulf reef fish; thereafter,
IFQ shares and allocations can be transferred only to a U.S. citizen or permanent resident alien.
However, 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 notice 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. Transfer of shares will result in the corresponding allocation being automatically
transferred to the person receiving the transferred share beginning with the fishing year
following the year the transfer occurred. However, within the fishing year the share transfer
occurs, transfer of shares and associated allocation are independent—unless the associated
allocation is transferred separately, it remains with the transferor for the duration of that fishing
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
initiated the transfer will be cancelled, and the pending shares will be re-credited to the
shareholder who initiated the transfer.

(ii) Share transfer procedures. Share transfers must be accomplished online via the IFQ Web site.
An IFQ shareholder 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 existence of any pending
sanction at the time of the transfer. Following the instructions provided on the Web site, the
shareholder must enter pertinent information regarding the transfer request including, 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. For the first 5 years this
IFQ program is in effect, an eligible transferee is a person who has a valid commercial vessel
permit for Gulf reef fish; is in compliance with all reporting requirements for the Gulf reef fish
fishery and the IFQ program for Gulf groupers and tilefishes; is not subject to sanctions under
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50 CFR 622.22(b)(6)(iii)

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. Thereafter, share transferee eligibility will only include U.S.
citizens and permanent 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
reason(s). If the information is accepted, the online system will send the transferee an
electronic 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
transfer approval code to both the shareholder and transferee 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.
(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 subsequent 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 account. Allocation held in a vessel account, however, may only be transferred
back to the IFQ account through which the vessel account was established.
(iv) Allocation transfer procedures and restrictions —
(A) Allocation transfer procedures. Allocation transfers must be accomplished online via the
IFQ Web site. An IFQ account holder must initiate an allocation transfer by logging onto
the IFQ Web site, entering the required information, including but not limited to, the name
of an eligible transferee and amount of IFQ allocation to be transferred and price, and
submitting the transfer electronically. An IFQ allocation 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 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 restrictions —
(1) Red grouper multi-use allocation. Red grouper multi-use allocation may only be
transferred after all an IFQ account holder's red grouper allocation 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 January 1 at 2 p.m. eastern time the following 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
upcoming year if the commercial quotas or catch allowances for Gulf groupers and tilefishes have
changed, and update shares and allocations for the upcoming 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.

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.22(b)(8)

(8) IFQ share and allocation caps. A corporation's total IFQ share (or allocation) is determined by adding
the applicable IFQ shares (or allocation) held by the corporation and any other IFQ shares (or
allocation) held by a corporation(s) owned by the original corporation prorated based on the level of
ownership. An individual's total IFQ share is determined 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. An individual's total IFQ allocation is determined by adding the individual's total
allocation to the allocation derived from the IFQ shares equivalent to the corporate share the
individual holds in a corporation.
(i)

IFQ share cap for each share category. No person, including a corporation 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 program, as of the date appeals are resolved
and shares are adjusted accordingly. 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
commercial vessel permit for Gulf reef fish is renewed or transferred and at the time of renewal
of the application for an IFQ Account.

(ii) Total allocation cap. No person, including a corporation or other entity, may individually or
collectively hold, cumulatively during any fishing year, IFQ allocation in excess of the total
allocation cap. The total allocation cap is the sum of the maximum allocations associated with
the share caps for each individual share category and is calculated annually based on the
applicable quotas or catch allowance associated with each share category.
(9) Redistribution of shares resulting from permanent revocation. If a shareholder's IFQ shares have been
permanently revoked, the RA will redistribute 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
subsequent fishing year.
(10) Annual recalculation and notification of IFQ shares and allocation. On or about January 1 each year,
IFQ shareholders will be notified, via the IFQ Web site, of their IFQ shares and allocations, for each of
the five share categories, for the upcoming fishing year. These updated share values will reflect the
results of applicable share transfers and any redistribution of shares (subject 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. Updated allocation values will reflect any change in IFQ share for
each share category, any change in the annual commercial quota or commercial catch allowance 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 status of their
shares and allocation throughout the year via the IFQ Web site.
(11) Gulf grouper and tilefish IFQ program participation for current grouper and tilefish IFQ account
holders.

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

(i)

50 CFR 622.22(b)(11)(i)

A current participant in the Gulf grouper and tilefish IFQ program must complete and submit the
application for an IFQ Account that is available on the website
https://secatchshares.fisheries.noaa.gov, to certify status as a U.S. citizen or permanent
resident alien. The account holder must also complete and submit any other information on
this form that may be necessary for the administration 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 submission of the application for an IFQ
Account. Accounts must be updated prior to the account 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 an application approximately 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 application prior to the participant's
account validity date will lead to the suspension of the participant's access to his IFQ account
until a completed application 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 angling 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.
(1) Delegation of authority. As described 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 season 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 maximum size
limit. If NMFS determines that a state's red snapper private angling component regulations are
inconsistent 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 minimum size limit,
then NMFS will publish 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 purposes of the delegation of the authority to establish certain
management measures 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.

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50 CFR 622.23(a)(1)(ii)

(ii) State private angling component ACLs. All ACLs specified below are in round weight and are
consistent with monitoring under the respective state's reporting system. Equivalent ACLs,
consistent with monitoring under the Federal reporting system, are provided, as applicable. If a
state's delegation is suspended, as described in this paragraph (a)(1), the Federal equivalent
ACL, or for the Texas regional management area the ACL in paragraph (a)(1)(ii)(E) of this
section, applies in the EEZ off that state.
(A) Alabama regional management area —664,552 lb (301,436 kg); Federal
equivalent—1,212,687 lb (550,066 kg).
(B) Florida regional management area —2,769,631 lb (1,256,283 kg); Federal
equivalent—2,066,889 lb (937,525 kg).
(C) Louisiana regional management area —934,587 lb (423,922 kg); Federal
equivalent—881,686 lb (399,926 kg).
(D) Mississippi regional management area —82,342 lb (37,350 kg); Federal
equivalent—163,702 lb (74,254 kg).
(E) Texas regional management area —286,363 lb (129,892 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 closure), 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 management 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 applicable 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 private 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 necessary.
(c) Area closures. As described in the FMP, for the red snapper private angling component, a state with an
active delegation may request that NMFS establish an area closure in the EEZ off that state that prohibits
the private angling component from harvesting 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, as amended at 87 FR 74020, Dec. 2, 2022; 88 FR 37478, June 8, 2023; 89 FR 41899, May 14, 2024]

§ 622.24 [Reserved]
§ 622.25 Exemptions for Gulf groundfish trawling.
Gulf groundfish trawling means fishing 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 notwithstanding, the owner or operator of a vessel trawling for Gulf
groundfish is exempt from the following requirements and limitations for the vessel's unsorted catch of
Gulf reef fish:
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50 CFR 622.25(a)(1)

(1) The requirement for a valid commercial 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.
(4) The prohibition on sale of Gulf reef fish after a quota or ACL closure.
(b) Other provisions of this part notwithstanding, 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 operators.
(1) The owner or operator of a vessel for which a commercial permit for Gulf reef fish has been issued,
as required under § 622.20(a)(1), or whose vessel 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 submitted to the SRD postmarked
no later than 7 days after the end of each fishing 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)

General requirement. For the purpose of this paragraph (a)(2), landing means to arrive 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 notification. Authorized methods for contacting NMFS and
submitting a completed 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 notification 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 notification by submitting a
superseding notification. If the initial superseding notification 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
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50 CFR 622.26(a)(2)(v)

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, except 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 Florida hogfish harvested in the Gulf, must be landed at an approved landing location.
Landing locations must be approved by the NOAA Office of Law Enforcement 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 criteria at §§ 622.21(b)(5)(v) and
622.22(b)(5)(v).
(b) Charter vessel/headboat owners and operators —
(1) General reporting requirement. The owner or operator of a charter vessel or headboat for which a
charter vessel/headboat permit for Gulf reef fish has been issued, as required under § 622.20(b), and
whose vessel is operating 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 period specified in paragraph (b)(2) of this
section. The electronic fishing report must be submitted to the SRD via NMFS approved hardware
and software, as posted on the NMFS Southeast 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 approved software for the Southeast Region 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 removing any fish from the vessel. If no fish were retained by
any person on the vessel during a trip, the completed electronic fishing report must be submitted 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 paragraph (b) of this
section. The RA will determine when catastrophic conditions exist, the duration of the catastrophic
conditions, and which participants or geographic areas are deemed affected by the catastrophic
conditions. The RA will provide timely notice to affected participants via publication of notification in
the FEDERAL REGISTER, and other appropriate means, such as fishery bulletins or NOAA weather radio,
and will authorize the affected participants' use of paper forms for the duration of the catastrophic
conditions. The paper forms will be available from NMFS. During catastrophic conditions, the RA has
the authority to waive or modify reporting time requirements.
(4) Compliance requirement. Electronic reports required by paragraph (b)(1) of this section must be
submitted and received by NMFS according to the reporting requirements under this section. A
report not received within the applicable time specified in paragraph (b)(2) of this section is
delinquent. A delinquent report automatically results 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
prohibited 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

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50 CFR 622.26(b)(5)

harvesting or possessing such species due to delinquent reports are authorized to harvest or
possess such species only after all required and delinquent reports 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-approved 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 operation.
(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 reporting and recordkeeping requirements 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 reporting and recordkeeping requirements of this section must
comply with the following—
(A) Cellular VMS unit operation and replacement. Ensure that such vessel has an operating
cellular VMS unit approved 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 includes an operating
mobile transmitting unit on the vessel and a functioning communication link between the
unit and NMFS as provided by a NMFS-approved communication service provider. NMFS
maintains a current list of approved cellular VMS units and communication providers,
which is available at https://www.fisheries.noaa.gov/southeast/about-us/sustainablefisheries-division-gulf-mexico-branch. If NMFS OLE removes a cellular VMS unit from the
approved list, a vessel owner who purchased and installed such a unit prior to its removal
from the approved list will still comply with the requirement to have an approved unit,
unless otherwise notified by NMFS OLE. At the end of a cellular VMS unit's service life, it
must be replaced with a currently approved unit.
(B) Hourly position reporting requirement. An owner or operator of a vessel using a NMFSapproved cellular VMS unit as specified in paragraph (b)(5)(ii)(A) of this section must
ensure that the required cellular VMS unit archives 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 paragraphs (b)(5)(ii)(C) or (D) of this section.
(C) In-port exemption. While in port, an owner or operator of a vessel with a NMFS-approved
cellular VMS unit configured with the 4-hour position reporting feature may utilize the
4-hour reporting feature rather than comply with the hourly position reporting requirement
specified in paragraph (b)(5)(ii)(B) of this section. Once the vessel is no longer in port, the
hourly position reporting requirement specified 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.
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50 CFR 622.26(b)(5)(ii)(D)

(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 requirement 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 section, for more than 72 consecutive hours;
(2) The owner or operator of the vessel applies for and obtains a valid letter of
exemption from NMFS. The letter 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 location during
cellular VMS power down, estimated duration of the power-down exemption, and
reason for power down; and
(4) Prior to powering down the cellular 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 cellular 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 electrician. 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 the operation of the cellular VMS, or attempt any of the same.
(G) Interruption of operation of the cellular VMS. If a vessel's GPS is not operating properly, the
vessel owner or operator must immediately contact NMFS and follow NMFS' instructions.
If notified by NMFS that a vessel's cellular VMS is not operating properly, the vessel owner
or operator must follow NMFS' instructions. In either event, such instructions may include,
but are not limited to, manually communicating to a location designated by NMFS the
vessel's positions, or returning to port until the cellular VMS is operable.
(iii) Access to position data. As a condition of authorized fishing for or possession of Gulf reef fish
subject to the reporting and recordkeeping requirements 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
position data obtained from the cellular VMS.

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50 CFR 622.26(b)(6)

(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, regardless of the duration or purpose, including non-fishing activities. Prior
to departure for each trip, the owner or operator 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 receives 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 vehicle have been
received. The vehicle operator must provide such record for inspection upon the request of an
authorized 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 permit for Gulf reef fish or a charter
vessel/headboat permit for Gulf reef fish has been issued must carry a NMFS-approved observer, if the
vessel's trip is selected by the SRD for observer coverage. Vessel permit renewal is contingent upon
compliance with this paragraph (a).
(b) Notification to the SRD. When observer 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 access. 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 duties.
(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon
request to determine the vessel's position.
(4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins,
weight scales, holds, and any other space used to hold, process, weigh, or store fish.
(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.
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50 CFR 622.28

§ 622.28 Vessel monitoring systems (VMSs).
The VMS requirements of this section apply throughout the Gulf of Mexico 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 operating VMS includes an operating mobile transmitting unit on the vessel and a
functioning communication link between the unit and NMFS as provided by a NMFS-approved
communication service provider. NMFS OLE maintains a current list of approved VMS units and
communication providers which is available from the VMS Support Center, NMFS OLE, 8484 Georgia
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 vessel owner who purchased
and installed such a VMS unit prior to its removal from the approved list will be considered to be in
compliance with the requirement to have an approved unit, unless otherwise notified by NMFS OLE. At the
end of a VMS unit's service life, it must be replaced with a currently 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 required VMS unit transmits a signal indicating the vessel's
accurate position at least once an hour, 24 hours a day every day unless exempted under paragraphs (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 reporting requirement specified in paragraph (b) of this section. Once the vessel is no
longer in port, the hourly reporting requirement specified in paragraph (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 vessel applies for and obtains a valid letter of exemption from NMFS
OLE VMS personnel as specified in the NOAA Enforcement Vessel Monitoring System Requirements
for the Reef Fish Fishery of the Gulf of Mexico. This is a one-time requirement. The letter of
exemption must be maintained on board the vessel and remains valid for all subsequent powerdown requests conducted consistent with the provisions of paragraphs (d)(3) and (4) of this section.

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50 CFR 622.28(d)(3)

(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 number or state registration number,
commercial 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 terminal and, prior to powering down the 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 vessel owner or operator must report
to NMFS any fishery the vessel will participate in on that trip and the specific type(s) of fishing gear, using
NMFS-defined gear codes, that will be on board the vessel. This information may be reported 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 approved 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
activating 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 activation checklist for the
applicable fishery, which is available from NMFS Office for Law Enforcement, Southeast Region, 263
13th Avenue South, St. Petersburg, 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 compliance 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 available from
NMFS Office for Law Enforcement, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701; phone: 800-758-4833.
(g) Interference with the VMS. No person 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 operating properly, the owner or operator
must immediately contact NMFS Office for Law Enforcement, Southeast Region, 263 13th Avenue South,
St. Petersburg, FL 33701, phone: 800-758-4833, and follow instructions from that office. If notified by
NMFS that a vessel's VMS is not operating properly, the owner and operator must follow instructions from
that office. In either event, such instructions may include, but are not limited to, manually communicating
to a location designated by NMFS the vessel's positions or returning to port until the VMS is operable.
(i)

Access to position data. As a condition of authorized fishing for or possession of fish in a fishery subject
to VMS requirements in this section, a vessel owner or operator subject to the requirements for a VMS in
this section must allow NMFS, the USCG, and their authorized officers and designees access to the
vessel's position data obtained 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.
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(i)

50 CFR 622.29(a)(1)(i)

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 (b), respectively, must have the 2019 version of the NMFS document titled,
“Careful Release Protocols for Sea Turtle Release 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 addition, the NMFS sea turtle handling and
release guidelines placard must be posted inside the wheelhouse or an easily 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 release 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 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.
(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 attempt to remove any hooks on the saw, except for with a longhandled dehooker.
(b) Incorporation by reference. The standards required in paragraph (a)(1) of this section are incorporated by
reference into this section with the approval 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/endangered-species-conservation/sea-turtle-andsmalltooth-sawfish-release-gear-protocols.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 Administration, National Marine
Fisheries Service, Southeast Fisheries Science Center, 75 Virginia Beach Drive, Miami, FL 33149.

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(i)

50 CFR 622.29(b)(1)(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 Administration, National Marine
Fisheries Service, Southeast Regional Office, 263 13th Ave. South, St. Petersburg, 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 following fishing gear must be on the vessel
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 required when fishing with natural
baits, except that other non-stainless steel hook types may be used when commercial 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 constructed to allow
the hook to be secured 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 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 descending device or a venting tool that is rigged and ready for use while fishing 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 releasing 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 lowered to depth. The device must be capable of releasing the fish automatically, by
actions of the operator of the device, 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 abdomen 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, hollow instrument that allows air to escape, such as a hypodermic syringe
with the plunger removed. A 16-gauge needle, which has an outside diameter of 0.065 inches (1.65

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50 CFR 622.31

mm), is the minimum diameter hollow tube that must be used. A larger diameter hollow needle is
preferred to allow more air to escape 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 definition of buoy gear.
(b) [Reserved]

§ 622.32 Prohibited gear and methods.
Also see § 622.9 for additional prohibited 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 possession 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 applicable 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 characteristically 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 designed 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 migratory species, such as tunas, billfishes, and oceanic sharks. See 50 CFR part
635 for any provisions applicable to fishing for or possession of Atlantic highly migratory species in these
areas.
(1) Descriptions of Areas.

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(i)

50 CFR 622.34(a)(1)(i)

The Madison 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 following 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 Federal commercial permit for Gulf reef fish, has an operating satellitebased VMS unit, and is in transit with fishing gear stowed as specified in paragraph (a)(4) of this
section; and possession 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 disconnected and stowed
below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however,
buoys may remain on deck.

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50 CFR 622.34(a)(4)(ii)

(ii) A trawl net may remain on deck, but trawl doors must be disconnected from the trawl gear and
must be secured.
(iii) A gillnet must be left on the drum. Any additional gillnets not attached to the drum must be
stowed below deck.
(iv) A rod and reel must be removed from the rod holder and stowed securely 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. Sinkers 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 license (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 recreational 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. During 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 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 following 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′

50 CFR 622.34(d) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

North lat.

50 CFR 622.34(e)

West long.

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 Boundary, follow Reef Fish
Management Boundary to point 20

20

28°58.98′

89°35.1′ at State and Federal Reef Fish Management Boundary

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 harvest of gag in or from the Gulf EEZ
is closed from January 1 through August 31. During the closure, the bag and possession 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 possession limits for gray triggerfish in or from the Gulf EEZ are zero.
The commercial 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 possession 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) [Reserved]
[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; 88 FR 27708, May 3, 2023; 88 FR 69553, Oct. 6, 2023; 89 FR 40436,
May 10, 2024]

50 CFR 622.34(h) (enhanced display)

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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.35

§ 622.35 Gear restricted areas.
(a) Reef fish stressed area. The stressed area is that part of the Gulf EEZ shoreward 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 mutilated 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 conventional shrimp trawls. Rigid framed trawls adapted for
shrimping over uneven bottom, in wide use along the west coast of Florida, and shrimp trawls with
hollow plastic rollers for fishing on soft bottoms, are not considered 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
bottom 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 paragraph (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.

50 CFR 622.35(b)(2) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
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50 CFR 622.35(b)(3)

(3) Within the Gulf EEZ east of 85°30′ W long., a vessel for which a valid eastern Gulf reef fish bottom
longline endorsement has been issued that is fishing 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 fishing” 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 restricted area. A person aboard a vessel that uses, on any trip, longline or
buoy gear in the longline and buoy gear restricted area 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 specified in § 622.38(b), the
vessel is limited to 5 percent, by weight, of all fish on board or landed. The longline and buoy gear
restricted area is that part of the Gulf EEZ shoreward of rhumb lines connecting, 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 surrounding 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 permit for Gulf reef fish, as required under § 622.20(a)(1), or a vessel with such a permit
fishing for Gulf reef fish is limited 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 specified 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 possession 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 required under § 622.20(a)(1), without regard 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 greater amberjack
possessed under the bag limit, as specified in § 622.40(a). Also note that if commercial quantities of Gulf
reef fish, i.e., Gulf reef fish in excess of applicable bag/possession limits, are on board the vessel, no bag
limit of Gulf reef fish may be possessed, as specified in § 622.38(a)(2).
(b) [Reserved]

50 CFR 622.36(b) (enhanced display)

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50 CFR 622.37

§ 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 responsible 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 specified
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 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 license (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. Additionally, 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 snappers —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.
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50 CFR 622.37(c)(2)

(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 specified 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
quantities of Gulf reef fish, i.e., Gulf reef fish in excess of applicable bag/possession 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]

§ 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 considered
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 entirety, 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
applicable 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 quantities of Gulf reef fish, i.e., Gulf reef fish in excess of applicable bag/possession
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 captain and crew is zero.

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50 CFR 622.38(b)(2)

(2) Groupers, combined, excluding goliath grouper —4 per person per day, but not to exceed 1 speckled
hind or 1 warsaw 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 operating 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 charter vessel or headboat. The bag limit for such captain and crew is zero. See §
622.23(a)(1) regarding the bag limit applicability 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 license (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 addition, within the 10-fish
aggregate snapper bag limit, no more than 5 fish may be mutton snapper.
(5) Gulf reef fish, combined, excluding 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 permit 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 during 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
passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the date
and time of departure and length of the trip, and the entire trip occurs on days when the harvest and
possession of the applicable 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 regarding quota applicability and closure and reopening procedures. This
section, provides quotas and specific quota closure restrictions for Gulf reef fish.
(a) Gulf reef fish —
(1) Commercial quotas. The following quotas apply to persons who fish under commercial vessel
permits for Gulf reef fish, as required under § 622.20(a)(1).
(i)

Commercial quota for red snapper—8,318,100 lb (3,773,027 kg), round weight.

50 CFR 622.39(a)(1)(i) (enhanced display)

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50 CFR 622.39(a)(1)(ii)

(ii) Deep-water groupers (DWG) have a combined quota, as specified in paragraphs (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 million lb (0.503 million kg).
(B) For fishing year 2015—1.101 million lb (0.499 million kg).
(C) For fishing year 2016 and subsequent 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 fishing year 2014—523,000 lb (237,229 kg).
(2) For fishing year 2015 and subsequent fishing years—525,000 lb (238,136 kg).
(B) Gag. See table 1.

Table 1 to Paragraph (a)(1)(iii)(B)
Year

Commercial quota in lb
(kg)

2024

147,000 (66,678)

2025

204,000 (92,533)

2026

255,000 (115,666)

2027

313,000 (141,974)

2028+

383,000 (173,726)

(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—93,930 lb (42,606 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 commercial 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 recreational quota is 7,991,900 lb (3,625,065 kg), round weight.

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50 CFR 622.39(a)(2)(i)(B)

(B) Federal charter vessel/headboat component quota. The Federal charter vessel/headboat
component quota applies to vessels that have been issued a valid Federal charter vessel/
headboat permit for Gulf reef fish any time during 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 when
the Federal charter vessel/headboat component is closed. The Federal charter vessel/
headboat component quota is 3,380,574 lb (1,533,403 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 fishing year. The private angling component
quota is 4,611,326 lb (2,091,662 kg), round weight.
(ii) Recreational quota for greater amberjack. The recreational quota for greater amberjack is
335,320 lb (152,099 kg), round weight.
(b) Restrictions applicable after a commercial quota closure.
(1) If the recreational fishery for the indicated species 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
species, and the sale or purchase of the indicated species taken from the Gulf EEZ is prohibited. In
addition, the bag and possession limits for red snapper, when applicable, apply on board a vessel for
which a commercial permit for Gulf reef fish has been issued, as required under § 622.20(a)(1),
without regard to where such red snapper were harvested. The application of bag limits 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 excess of applicable bag/
possession limits, on board, as specified in § 622.38(a)(2). The prohibition on sale/purchase during
a closure for Gulf reef fish does not apply to Gulf reef fish that were harvested, landed ashore, and
sold prior to the effective date of the closure and were held in cold storage by a dealer or processor.
(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 recreational quota closure or recreational component quota closure. The
bag limit for the applicable species for the recreational 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 citations 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/purchase related to quota closures as
specified in § 622.39(b) and (c).

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50 CFR 622.40(a)

(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 possessed under the bag limits
specified in § 622.38(b), may not be sold or purchased.
(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 required under § 622.20(c)(1), only from a vessel that has a valid
commercial vessel 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 estimated by the SRD, reach or are projected 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.

(ii) In addition to the measures specified in paragraph (a)(1)(i) of this section, if commercial
landings, as estimated by the SRD, exceed the commercial ACL, as specified in (a)(1)(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 commercial ACT (commercial quota) and
the commercial ACL for that following year by the amount of any commercial ACL overage in
the prior fishing year.
(iii) The commercial ACL for greater amberjack, in round weight, is 101,000 lb (45,813 kg).
(2) Recreational sector.
(i)

If recreational 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 Federal Register to close the recreational sector for the remainder of the fishing year.

(ii) In addition to the measures specified in paragraph (a)(2)(i) of this section, if recreational
landings, as estimated by the SRD, exceed the recreational ACL, as specified in paragraph
(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 (recreational
quota) and the recreational ACL for that following year by the amount of any recreational
overage in the prior fishing year.
(iii) The recreational ACL for greater amberjack, in round weight, is 404,000 lb (183,251 kg).
(b) Gray triggerfish —

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50 CFR 622.41(b)(1)

(1) Commercial sector. If commercial landings, as estimated by the SRD, reach or are projected to reach
the commercial ACT (commercial quota) specified in § 622.39(a)(1)(vi), the AA will file a notification
with the Office of the Federal Register to close the commercial sector for the remainder of the fishing
year. In addition, if despite such closure, commercial landings exceed the commercial ACL, 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 commercial ACL and ACT (commercial 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 regard to overfished status, if gray triggerfish recreational landings, as estimated by the
SRD, reach or are projected 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 notification, 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 specified in paragraphs (b)(2)(i) of this section, if gray triggerfish
recreational landings, as estimated by the SRD, exceed 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. Fisheries Report to Congress, 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
and the ACT for that following year 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 necessary.
(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 sector. The IFQ program for groupers and tilefishes in the Gulf of Mexico serves as the
accountability measure for commercial Other SWG. The commercial 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 subsequent
fishing years.
(2) Recreational sector. If the sum of the commercial and recreational landings, 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 recreational landings reaches or is projected
to reach the applicable ACL specified in paragraph (c)(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 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.
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50 CFR 622.41(d)

(d) Gag —
(1) Commercial sector. See table 1 for the commercial ACLs in gutted weight. The commercial ACT for
gag is equal to the applicable commercial quota specified in § 622.39(a)(1)(iii)(B). The IFQ program
for groupers and tilefishes in the Gulf of Mexico in § 622.22 serves as the accountability measure for
the commercial harvest of gag.

Table 1 to Paragraph (d)(1)
Commercial ACL in lb
(kg)

Year
2024

155,000 (70,307)

2025

215,000 (97,522)

2026

269,000 (122,016)

2027

330,000 (149,685)

2028+

404,000 (183,251)

(2) Recreational sector.
(i)

See table 2 for the recreational ACLs and ACTs in gutted weight.

Table 2 to Paragraph (d)(2)(i)
Year

Recreational ACL
in lb
(kg)

Recreational ACT
in lb
(kg)

2024

288,000 (130,635)

230,000 (104,326)

2025

399,000 (180,983)

319,000 (144,696)

2026

499,000 (226,343)

399,000 (180,983)

2027

613,000 (278,052)

490,000 (222,260)

2028+

751,000 (340,648)

600,000 (272,155)

(ii) If the NMFS SRD estimates that gag recreational landings have reached or are projected to
reach the applicable recreational ACT specified in paragraph (d)(2)(i) 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 notification, the bag and
possession limits for gag in or from the Gulf EEZ are zero. These bag and possession limits
apply 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.
(iii) In addition to the measures specified in paragraph (d)(2)(ii) of this section, if the NMFS SRD
estimates that gag recreational landings have exceeded the applicable ACL specified in
paragraph (d)(2)(i) of this section and gag is overfished based on the most recent Status of
U.S. Fisheries Report to Congress, the following measure will apply. The AA will file a
notification with the Office of the Federal Register, at or near the beginning of the following
50 CFR 622.41(d)(2)(iii) (enhanced display)

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50 CFR 622.41(e)

fishing year, to reduce the recreational ACL and ACT for that following year 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 necessary.
(e) Red grouper —
(1) Commercial sector. The IFQ program for groupers and tilefishes in the Gulf of Mexico serves as the
accountability measure for commercial red grouper. The commercial ACT for red grouper is equal to
the applicable 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 regard to overfished status, if red grouper 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 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 notification, the bag and possession limit of red grouper 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) Without regard to overfished status, 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, exceed
the applicable ACL specified in paragraph (e)(2)(iv) of this section, the AA will file a notification
with the Office of the Federal Register to maintain 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 determines 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 following 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 estimated by the SRD, exceed the
applicable 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 information available determines that a greater, lesser, or no overage adjustment 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) —

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50 CFR 622.41(f)(1)

(1) Commercial sector. The IFQ program for groupers and tilefishes in the Gulf of Mexico serves as the
accountability 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 landings, 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 lb (0.547 million kg) for 2013, 1.198 million 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
accountability measure for commercial tilefishes. The commercial ACT for tilefishes is equal to the
quota specified 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 landings, 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), gutted weight.
(h) Lesser amberjack, almaco jack, and banded rudderfish, combined. 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 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, combined. 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 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 silk
snapper, queen snapper, blackfin snapper, and wenchman, is 166,000 lb (75,296 kg), round weight.

(j)

Vermilion snapper. If the sum of the commercial and recreational landings, 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 sectors for the remainder of the fishing year. The stock
ACL for vermilion snapper is 5,452,500 lb (2,473,212 kg), round weight.

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50 CFR 622.41(k)

(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 Office of the Federal
Register to close the commercial and recreational sectors for the remainder of that fishing year. The stock
ACL for gray snapper is 5.728 million lb (2.598 million kg), round weight.

(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 Office 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.
(n) Yellowtail 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 Office of the
Federal Register to close the commercial and recreational 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 Office 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 subsequent 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 recreational landings 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 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 Florida, 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
accountability measure for commercial red snapper. The commercial ACL for red snapper is equal to
the applicable commercial quota specified in § 622.39(a)(1)(i).
(2) Recreational sector.
(i)

The recreational ACL is equal to the total recreational quota specified in § 622.39(a)(2)(i)(A).
The AA will determine the length of the red snapper recreational fishing season, or recreational
fishing seasons for the Federal charter vessel/headboat and private angling components,
based on when recreational landings are projected to reach the recreational ACT, or respective

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50 CFR 622.41(q)(2)(ii)

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
closure notifications, the bag and possession limit for red snapper or for the respective
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) regarding the fishing season for the private angling component for states with an active
delegation.
(ii) In addition to the measures specified in paragraph (q)(2)(i) of this section, if red snapper
recreational landings, 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 recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification with the Office of the Federal
Register to reduce the total recreational quota by the amount of the quota overage in the prior
fishing year, and reduce the applicable recreational component quota(s) specified in §
622.39(a)(2)(i)(B) and (C) and the applicable 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 the FMP), unless NMFS determines based upon the
best scientific information 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 applies to vessels that have been issued a valid Federal charter vessel/
headboat permit for Gulf reef fish any time during 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 when
the Federal charter vessel/headboat component is closed. The component ACT is
3,076,322 lb (1,395,396 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 3,689,061
lb (1,673,330 kg), round weight.
[78 FR 22952, Apr. 17, 2013]

Editorial Note: For FEDERAL REGISTER citations 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.
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50 CFR 622.42(a)

(a) For a species or species group: Reporting and monitoring requirements, permitting requirements, bag and
possession 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 measures (AMs), MSY (or proxy), OY, management parameters such as overfished and
overfishing definitions, gear restrictions (ranging from regulation to complete prohibition), gear markings
and identification, vessel markings and identification, acceptable biological catch (ABC) and ABC control
rules, rebuilding plans, and restrictions relative 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, regardless 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 —25 fish. The commercial trip limit applies until the commercial quota specified in §
622.39(a)(1)(vi) is reached, which is equal to the commercial ACT. See § 622.39(b) for the limitations
regarding gray triggerfish after the commercial quota is reached.
(c) Hogfish in the Gulf EEZ south of 25°09′ N. lat. off the west coast of Florida —see § 622.191(a)(12)(ii) for
the commercial 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; 88 FR 50065, Aug. 1, 2023; 88 FR 87638, Dec. 18, 2023]

Subpart C—Shrimp Fishery of the Gulf of Mexico

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50 CFR 622.50

§ 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 vessel permit for Gulf shrimp must have been issued to the vessel and
must be on board. See paragraph (b) of this section regarding a moratorium on commercial vessel
permits for Gulf shrimp and the associated provisions. See paragraph (c) of this section, regarding an
additional endorsement requirement 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 permits for Gulf shrimp are
commercial vessel moratorium permits for Gulf shrimp. In accordance with the procedures specified
in the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (Gulf Shrimp FMP), all
commercial vessel moratorium permits 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 request that the RA transfer a commercial 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 documents must be notarized as specified in
§ 622.4(f)(1).
(3) Renewal.
(i)

Renewal of a commercial 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 paragraph (b)(3)(iii) of this section, a commercial 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 moratorium permits for Gulf
shrimp has reached the threshold number of permits 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 reserve pool permit and held by NMFS for possible reissuance. Gulf shrimp reserve
pool permits will not be issued until eligibility requirements are developed and implemented
through subsequent 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.

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50 CFR 622.50(e)

(e) Gulf shrimp transit provision. A vessel that does not have a valid Gulf shrimp moratorium permit, as
described 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 appropriately 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]

§ 622.51 Recordkeeping and reporting.
(a) Commercial vessel owners and operators —
(1) General reporting requirement. The owner or operator of a vessel that fishes for shrimp in the Gulf
EEZ or in adjoining state waters, or that lands shrimp in an adjoining state, must provide information
for any fishing trip, as requested by the SRD, including, but not limited to, vessel identification, gear,
effort, amount of shrimp caught by species, shrimp condition (heads on/heads off), fishing areas
and depths, and person to whom sold.
(2) Electronic logbook reporting. The owner or operator of a vessel for which a Federal commercial
vessel permit for Gulf shrimp has been issued and who is selected by the SRD must participate in
the NMFS-sponsored electronic logbook reporting program as directed by the SRD. In addition, such
owner or operator must provide information regarding the size and number of shrimp trawls
deployed and the type of bycatch reduction device (BRD) and turtle excluder device used, as directed
by the SRD. Compliance with the reporting requirements of this paragraph (a)(2) is required for
permit renewal.
(3) Vessel and Gear Characterization Form. All owners or operators of vessels applying for or renewing a
commercial vessel moratorium permit for Gulf shrimp must complete an annual Gulf Shrimp Vessel
and Gear Characterization Form. The form will be provided by NMFS at the time of permit application
and renewal. Compliance with this reporting requirement is required for permit issuance and
renewal.
(4) Landings report. The owner or operator of a vessel for which a Federal commercial vessel permit for
Gulf shrimp has been issued must annually report the permitted vessel's total annual landings of
shrimp and value, by species, on a form provided by the SRD. Compliance with this reporting
requirement is required for permit renewal.
(b) Gulf shrimp dealers. A person who purchases shrimp from a vessel, or person, that fishes for shrimp in the
Gulf EEZ or in adjoining state waters, or that lands shrimp in an adjoining state, must provide the following
information when requested by the SRD:
(1) Name and official number of the vessel from which shrimp were received or the name of the person
from whom shrimp were received, if received from other than a vessel.
(2) Amount of shrimp received by species and size category for each receipt.
(3) Ex-vessel value, by species and size category, for each receipt.

§ 622.52 At-sea observer coverage.
(a) Required coverage. A vessel for which a Federal commercial vessel permit for Gulf shrimp has been
issued must carry a NMFS-approved observer, if the vessel's trip is selected by the SRD for observer
coverage. Vessel permit renewal is contingent upon compliance with this paragraph (a).
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50 CFR 622.52(b)

(b) Notification to the SRD. When observer 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 access. 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 duties.
(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon
request to determine the vessel's position.
(4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins,
weight scales, holds, and any other space used to hold, process, weigh, or store fish.
(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.

§ 622.53 Bycatch reduction device (BRD) requirements.
(a) BRD requirement for Gulf shrimp. On a shrimp trawler in the Gulf EEZ, each net that is rigged for fishing
must have a BRD installed that is listed in paragraph (a)(3) of this section and is certified or provisionally
certified for the area in which the shrimp trawler is located, unless exempted as specified in paragraphs
(a)(1)(i) through (iv) of this section. A trawl net is rigged for fishing if it is in the water, or if it is shackled,
tied, or otherwise connected to a sled, door, or other device that spreads the net, or to a tow rope, cable,
pole, or extension, either on board or attached to a shrimp trawler.
(1) Exemptions from BRD requirement —
(i)

Royal red shrimp exemption. A shrimp trawler is exempt from the requirement to have a certified
or provisionally certified BRD installed in each net provided that at least 90 percent (by weight)
of all shrimp on board or offloaded from such trawler are royal red shrimp.

(ii) Try net exemption. A shrimp trawler is exempt from the requirement to have a certified or
provisionally certified BRD installed in a single try net with a headrope length of 16 ft (4.9 m) or
less provided the single try net is either placed immediately in front of another net or is not
connected to another net.
(iii) Roller trawl exemption. A shrimp trawler is exempt from the requirement to have a certified or
provisionally certified BRD installed in up to two rigid-frame roller trawls that are 16 ft (4.9 m) or
less in length used or possessed on board. A rigid-frame roller trawl is a trawl that has a mouth
formed by a rigid frame and a grid of rigid vertical bars; has rollers on the lower horizontal part
of the frame to allow the trawl to roll over the bottom and any obstruction while being towed;
and has no doors, boards, or similar devices attached to keep the mouth of the trawl open.
(iv) BRD certification testing exemption. A shrimp trawler that is authorized by the RA to participate
in the pre-certification testing phase or to test a BRD in the EEZ for possible certification, has
such written authorization on board, and is conducting such test in accordance with the
“Bycatch Reduction Device Testing Manual” is granted a limited exemption from the BRD
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50 CFR 622.53(a)(2)

requirement specified in this section. The exemption from the BRD requirement is limited to
those trawls that are being used in the certification trials. All other trawls rigged for fishing
must be equipped with certified or provisionally certified BRDs.
(2) Procedures for certification and decertification of BRDs. The process for the certification of BRDs
consists of two phases—an optional pre-certification phase and a required certification phase. The
RA may also provisionally certify a BRD.
(i)

Pre-certification. The pre-certification phase allows a person to test and evaluate a new BRD
design for up to 60 days without being subject to the observer requirements and rigorous
testing requirements specified for certification testing in the “Bycatch Reduction Device Testing
Manual.”
(A) A person who wants to conduct pre-certification phase testing must submit an application
to the RA, as specified in the “Bycatch Reduction Device Testing Manual.” The “Bycatch
Reduction Device Testing Manual,” which is available from the RA, upon request, contains
the application forms.
(B) After reviewing the application, the RA will determine whether to issue a Gear Test
Authorization (GTA) to conduct pre-certification trials upon the vessel specified in the
application. If the RA authorizes pre-certification, the RA's GTA must be on board the
vessel during any trip involving the BRD testing.

(ii) Certification. A person who proposes a BRD for certification for use in the Gulf EEZ must submit
an application to test such BRD, conduct the testing, and submit the results of the test in
accordance with the “Bycatch Reduction Device Testing Manual.” The RA will issue a GTA to
conduct certification trials upon the vessel specified in the application if the RA finds that: The
operation plan submitted with the application meets the requirements of the “Bycatch
Reduction Device Testing Manual”; the observer identified in the application is qualified; and the
results of any pre-certification trials conducted have been reviewed and deemed to indicate a
reasonable scientific basis for conducting certification testing. If an application for a GTA is
denied, the RA will provide a letter of explanation to the applicant, together with relevant
recommendations to address the deficiencies that resulted in the denial. To be certified for use
in the fishery, the BRD candidate must successfully demonstrate a 30 percent reduction in total
weight of finfish bycatch. In addition, the BRD candidate must satisfy the following conditions:
There is at least a 50-percent probability the true reduction rate of the BRD candidate meets the
bycatch reduction criterion and there is no more than a 10-percent probability the true reduction
rate of the BRD candidate is more than 5 percentage points less than the bycatch reduction
criterion. If a BRD meets both conditions, consistent with the “Bycatch Reduction Device
Testing Manual,” NMFS, through appropriate rulemaking procedures, will add the BRD to the list
of certified BRDs in paragraph (a)(3) of this section; and provide the specifications for the newly
certified BRD, including any special conditions deemed appropriate based on the certification
testing results.
(iii) Provisional certification. Based on data provided consistent with the “Bycatch Reduction Device
Testing Manual,” the RA may provisionally certify a BRD if there is at least a 50-percent
probability the true reduction rate of the BRD is no more than 5 percentage points less than the
bycatch reduction criterion, i.e., 25 percent reduction in total weight of finfish bycatch. Through
appropriate rulemaking procedures, NMFS will add the BRD to the list of provisionally certified
BRDs in paragraph (a)(3) of this section; and provide the specifications for the BRD, including
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50 CFR 622.53(a)(2)(iv)

any special conditions deemed appropriate based on the certification testing results. A
provisional certification is effective for 2 years from the date of publication of the notification in
the FEDERAL REGISTER announcing the provisional certification.
(iv) Decertification. The RA will decertify a BRD if NMFS determines the BRD does not meet the
requirements for certification or provisional certification. Before determining whether to
decertify a BRD, the RA will notify the Gulf of Mexico Fishery Management Council in writing,
and the public will be provided an opportunity to comment on the advisability of any proposed
decertification. The RA will consider any comments from the Council and public, and if the RA
elects to decertify the BRD, the RA will proceed with decertification via appropriate rulemaking.
(3) Certified and provisionally certified BRDs —
(i)

Certified BRDS. The following BRDs are certified for use in the Gulf EEZ. Specifications of these
certified BRDs are contained in Appendix D to this part.
(A) Fisheye—see Appendix D to part 622 for separate specifications in the Gulf and South
Atlantic EEZ.
(B) Jones-Davis.
(C) Modified Jones-Davis.
(D) Cone Fish Deflector Composite Panel.
(E) Square Mesh Panel (SMP) Composite Panel.

(ii) [Reserved]
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 85 FR 6818, Feb. 6, 2020]

§ 622.54 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods that apply more broadly to multiple fisheries or in some
cases all fisheries.
(a) Traps for royal red shrimp in the Gulf EEZ and transfer at sea. A trap may not be used to fish for royal red
shrimp in the Gulf EEZ. Possession of a trap and royal red shrimp on board a vessel is prohibited. A trap
used to fish for royal red shrimp in the Gulf EEZ may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer. In addition, royal red shrimp cannot be transferred in the
Gulf EEZ, and royal red shrimp taken in the Gulf EEZ cannot be transferred at sea regardless of where the
transfer takes place.
(b) [Reserved]

§ 622.55 Closed areas.
(a) Texas closure.
(1) From 30 minutes after official sunset on May 15 to 30 minutes after official sunset on July 15,
trawling, except trawling for royal red shrimp beyond the 100-fathom (183-m) depth contour, is
prohibited in the Gulf EEZ off Texas.
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50 CFR 622.55(a)(2)

(2) In accordance with the procedures and restrictions of the Gulf Shrimp FMP, the RA may adjust the
closing and/or opening date of the Texas closure to provide an earlier, later, shorter, or longer
closure, but the duration of the closure may not exceed 90 days or be less than 45 days. Notification
of the adjustment of the closing or opening date will be published in the FEDERAL REGISTER.
(b) Southwest Florida seasonal trawl closure. From January 1 to 1 hour after official sunset on May 20, each
year, trawling, including trawling for live bait, is prohibited in that part of the Gulf EEZ shoreward of rhumb
lines connecting, in order, the following points:

Table 1 to Paragraph (b)
Point

North lat.

West long.

B1

26°16.0′

81°58.5′

C

26°00.0′

82°04.0′

D

25°09.0′

81°47.6′

E

24°54.5′

81°50.5′

M1

24°49.3′

81°46.4′

1

On the seaward limit of Florida's waters.

(c) Tortugas shrimp sanctuary.
(1) The Tortugas shrimp sanctuary is closed to trawling. The Tortugas shrimp sanctuary is that part of
the EEZ off Florida shoreward of rhumb lines connecting, in order, the following points:

Table 1 to Paragraph (c)(1)
Point

North lat.

West long.

N1

25°52′54″

81°37′56″

F

24°50′42″

81°51′18″

G2

24°40′00″

82°26′39″

3

24°34′44″

82°35′27″

P4

24°35′00″

82°08′00″

H

1

Coon Key Light.

2

New Ground Shoals Light.

3

Rebecca Shoals Light.

4

Marquesas Keys.

(2) The provisions of paragraph (c)(1) of this section notwithstanding—

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(i)

50 CFR 622.55(c)(2)(i)

Effective from April 11 through September 30, each year, that part of the Tortugas shrimp
sanctuary seaward of rhumb lines connecting the following points is open to trawling: From
point T at 24°47.8′ N. lat., 82°01.0′ W. long. to point U at 24°43.83′ N. lat., 82°01.0′ W. long. (on
the line denoting the seaward limit of Florida's waters); thence along the seaward limit of
Florida's waters, as shown on the current edition of NOAA chart 11439, to point V at 24°42.55′
N. lat., 82°15.0′ W. long.; thence north to point W at 24°43.6′ N. lat., 82°15.0′ W. long.

(ii) Effective from April 11 through July 31, each year, that part of the Tortugas shrimp sanctuary
seaward of rhumb lines connecting the following points is open to trawling: From point W to
point V, both points as specified in paragraph (c)(2)(i) of this section, to point G, as specified in
paragraph (c)(1) of this section.
(iii) Effective from May 26 through July 31, each year, that part of the Tortugas shrimp sanctuary
seaward of rhumb lines connecting the following points is open to trawling: From point F, as
specified in paragraph (c)(1) of this section, to point Q at 24°46.7′ N lat., 81°52.2′ W long. (on
the line denoting the seaward limit of Florida's waters); thence along the seaward limit of
Florida's waters, as shown on the current edition of NOAA chart 11439, to point U and north to
point T, both points as specified in paragraph (c)(2)(i) of this section.
(d) Closures of the Gulf shrimp fishery to reduce red snapper bycatch. During a closure implemented in
accordance with this paragraph (d), trawling is prohibited within the specified closed area(s).
(1) Procedure for determining need for and extent of closures. Each year, in accordance with the
applicable framework procedure established by the Gulf Shrimp FMP, the RA will, if necessary,
establish a seasonal area closure for the shrimp fishery in all or a portion of the areas of the Gulf
EEZ specified in paragraphs (d)(2) through (4) of this section. The RA's determination of the need for
such closure and its geographical scope and duration will be based on an annual assessment, by the
Southeast Fisheries Science Center, of the shrimp effort and associated shrimp trawl bycatch
mortality on red snapper in the 10-30 fathom area of statistical zones 10-21, compared to the
60-percent target reduction of shrimp trawl bycatch mortality on red snapper from the benchmark
years of 2001-2003 established in the FMP (which corresponds in terms of annual shrimp effort to
33,124 days fished). The framework procedure provides for adjustment of this target reduction level,
consistent with the red snapper stock rebuilding plan and the findings of subsequent stock
assessments, via appropriate rulemaking. The assessment will use shrimp effort data for the most
recent 12-month period available and will include a recommendation regarding the geographical
scope and duration of the closure. The Southeast Fisheries Science Center's assessment will be
provided to the RA on or about March 1 of each year. If the RA determines that a closure is
necessary, the closure falls within the scope of the potential closures evaluated in the Gulf Shrimp
FMP, and good cause exists to waive notice and comment, NMFS will implement the closure by
publication of a final rule in the FEDERAL REGISTER. If such good cause waiver is not justified, NMFS
will implement the closure via appropriate notice and comment rulemaking. NMFS intends that any
closure implemented consistent with this paragraph (d)(l) will begin on the same date and time as
the Texas closure, as described in paragraph (a) of this section, unless circumstances dictate
otherwise.
(2) Eastern zone. The eastern zone is bounded by rhumb lines connecting, in order, the following points:

50 CFR 622.55(d)(2) (enhanced display)

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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.55(d)(3)

Table 1 to Paragraph (d)
Point

North lat.

West long.

A

29°14′

88°57′

B

29°24′

88°34′

C

29°34′

87°38′

D

30°04′

87°00′

E

30°04′

88°41′

F

29°36′

88°37′

G

29°21′

88°59′

A

29°14′

88°57′

(3) Louisiana zone. The Louisiana zone is bounded by rhumb lines connecting, in order, the following
points:

Table 2 to Paragraph (d)
Point

North lat.

West long.

A

29°09.1′

93°41.4′

B

29°09.25′

92°36′

C

28°35′

90°44′

D

29°09′

89°48′

E

28°57′

89°34′

F

28°40′

90°09′

G

28°18′

90°33′

H

28°25′

91°37′

I

28°21.7′

93°28.4′

A

29°09.1′

93°41.4′

(4) Texas zone. The Texas zone is bounded by rhumb lines connecting, in order, the following points:

Table 3 to Paragraph (d)
Point

North lat.

West long.

A

29°09.1′

93°41.4′

B

28°44′

95°15′

C

28°11′

96°17′

D

27°44′

96°53′

E

27°02′

97°11′

F

26°00.5′

96°57.3′

G

26°00.5′

96°35.85′

H

26°24′

96°36′

50 CFR 622.55(d)(4) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.55(e)

North lat.

West long.

I

26°49′

96°52′

J

27°12′

96°51′

K

27°39′

96°33′

L

27°55′

96°04′

M

28°21.7′

93°28.4′

A

29°09.1′

93°41.4′

(e) Shrimp/stone crab separation zones. Five zones are established in the Gulf EEZ and Florida's waters off
Citrus and Hernando Counties for the separation of shrimp trawling and stone crab trapping. Although
Zone II is entirely within Florida's waters, it is included in this paragraph (e) for the convenience of
fishermen. Restrictions that apply to Zone II and those parts of the other zones that are in Florida's waters
are contained in Rule 68B-38.001, Florida Administrative Code, in effect as of March 1, 2005 (incorporated
by reference, see § 622.19). Geographical coordinates of the points referred to in this paragraph (e) are as
follows:

Table 1 to Paragraph (e)
Point

North lat.

West long.

A

28°59′30″

82°45′36″

B

28°59′30″

83°00′10″

C

28°26′01″

82°59′47″

D

28°26′01″

82°56′54″

E

28°41′39″

82°55′25″

F

28°41′39″

82°56′09″

G

28°48′56″

82°56′19″

H

28°53′51″

82°51′19″

I1

28°54′43″

82°44′52″

J2

28°51′09″

82°44′00″

K

28°50′59″

82°54′16″

L

28°41′39″

82°53′56″

M3

28°41′39″

82°38′46″

N

28°41′39″

82°53′12″

O

28°30′51″

82°55′11″

P

28°40′00″

82°53′08″

Q

28°40′00″

82°47′58″

R

28°35′14″

82°47′47″

S

28°30′51″

82°52′55″

T

28°27′46″

82°55′09″

U

28°30′51″

82°52′09″

1

Crystal River Entrance Light 1A.

50 CFR 622.55(e) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
2

Long Pt. (southwest tip).

3

Shoreline.

50 CFR 622.55(e)(1)

(1) Zone I is enclosed by rhumb lines connecting, in order, points A, B, C, D, T, E, F, G, H, I, and J, plus the
shoreline between points A and J. It is unlawful to trawl in that part of Zone I that is in the EEZ from
October 5 through May 20, each year.
(2) Zone II is enclosed by rhumb lines connecting, in order, points J, I, H, K, L, and M, plus the shoreline
between points J and M. Restrictions that apply to Zone II and those parts of the other zones that
are in Florida's waters are contained in Rule 68B-38.001, Florida Administrative Code, in effect as of
March 1, 2005 (incorporated by reference, see § 622.19).
(3) Zone III is enclosed by rhumb lines connecting, in order, points P, Q, R, U, S, and P. It is unlawful to
trawl in that part of Zone III that is in the EEZ from October 5 through May 20, each year.
(4) Zone IV is enclosed by rhumb lines connecting, in order, points E, N, S, O, and E.
(i)

It is unlawful to place a stone crab trap in that part of Zone IV that is in the EEZ from October 5
through December 1 and from April 2 through May 20, each year.

(ii) It is unlawful to trawl in that part of Zone IV that is in the EEZ from December 2 through April 1,
each year.
(5) Zone V is enclosed by rhumb lines connecting, in order, points F, G, K, L, and F.
(i)

It is unlawful to place a stone crab trap in that part of Zone V that is in the EEZ from October 5
through November 30 and from March 16 through May 20, each year.

(ii) It is unlawful to trawl in that part of Zone V that is in the EEZ from December 1 through March
15, each year.
[78 FR 22952, Apr. 17, 2013, as amended at 82 FR 60567, Dec. 21, 2017; 83 FR 29046, June 22, 2018; 85 FR 6818, Feb. 6, 2020; 87
FR 56237, Sept. 13, 2022]

§ 622.56 Size limits.
Shrimp not in compliance with the applicable size limit as specified in this section may not be possessed, sold, or
purchased and must be released immediately with a minimum of harm. The operator of a vessel that fishes in the
EEZ is responsible for ensuring that shrimp on board are in compliance with the size limit specified in this section.
(a) White shrimp. White shrimp harvested in the Gulf EEZ are subject to the minimum-size landing and
possession limits of Louisiana when possessed within the jurisdiction of that State.
(b) [Reserved]

§ 622.57 [Reserved]
§ 622.58 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures
(AMs).
(a) Royal red shrimp in the Gulf —

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.58(a)(1)

(1) Commercial sector. If commercial landings, as estimated by the SRD, exceed the commercial ACL,
then during the following fishing year, if commercial landings reach or are projected to reach the
commercial ACL, the AA will file a notification with the Office of the Federal Register to close the
commercial sector for the remainder of that fishing year. When the commercial sector is closed,
royal red shrimp in or from the Gulf EEZ may not be retained, and the sale or purchase of royal red
shrimp taken from the Gulf EEZ is prohibited. This prohibition on sale or purchase during a closure
for royal red shrimp does not apply to royal red shrimp that were harvested, landed ashore, and sold
prior to the date of the closure and were held in cold storage by a dealer or processor. The
commercial ACL for royal red shrimp is 337,000 lb (152,861 kg), tail weight.
(2) [Reserved]
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 15692, Mar. 25, 2015]

§ 622.59 Prevention of gear conflicts.
(a) No person may knowingly place in the Gulf EEZ any article, including fishing gear, that interferes with
fishing or obstructs or damages fishing gear or the fishing vessel of another; or knowingly use fishing
gear in such a fashion that it obstructs or damages the fishing gear or fishing vessel of another.
(b) In accordance with the procedures and restrictions of the Gulf Shrimp FMP, the RA may modify or
establish separation zones for shrimp trawling and the use of fixed gear to prevent gear conflicts.
Necessary prohibitions or restrictions will be published in the FEDERAL REGISTER.

§ 622.60 Adjustment of management measures.
In accordance with the framework procedures of the Gulf Shrimp FMP, the RA may establish or modify the following:
(a) Gulf penaeid shrimp. For a species or species group: Reporting and monitoring requirements, permitting
requirements, size limits, vessel trip limits, closed seasons or areas and reopenings, quotas (including a
quota of zero), MSY (or proxy), OY, management parameters such as overfished and overfishing
definitions, gear restrictions (ranging from regulation to complete prohibition), gear markings and
identification, vessel markings and identification, acceptable biological catch (ABC) and ABC control rules,
rebuilding plans, restrictions relative to conditions of harvested shrimp (maintaining shrimp in whole
condition, use as bait), target effort and fishing mortality reduction levels, bycatch reduction criteria, BRD
certification and decertification criteria, BRD testing protocol and certified BRD specifications, and target
effort reduction for juvenile red snapper mortality.
(b) Gulf royal red shrimp. Reporting and monitoring requirements, permitting requirements, 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 measures (AMs), MSY (or proxy), OY,
management parameters such as overfished and overfishing definitions, gear restrictions (ranging from
regulation to complete prohibition), gear markings and identification, vessel markings and identification,
ABC and ABC control rules, rebuilding plans, and restrictions relative to conditions of harvested shrimp
(maintaining shrimp in whole condition, use as bait), and target effort reduction for juvenile red snapper
mortality.
[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 74712, Nov. 30, 2015; 85 FR 6819, Feb. 6, 2020]
50 CFR 622.60(b) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.70

Subpart D—Coral and Coral Reefs of the Gulf of Mexico
§ 622.70 Permits.
See § 622.4 for information regarding general permit procedures including, but not limited to fees, duration, transfer,
renewal, display, sanctions and denials, and replacement.
(a) Required permits —
(1) Allowable chemical. For an individual to take or possess fish or other marine organisms with an
allowable chemical in a coral area, other than fish or other marine organisms that are landed in
Florida, a Federal allowable chemical permit must have been issued to the individual. Such permit
must be available when the permitted activity is being conducted and when such fish or other marine
organisms are possessed, through landing ashore.
(2) Aquacultured live rock. For a person to take or possess aquacultured live rock in the Gulf EEZ, a
Federal aquacultured live rock permit must have been issued for the specific harvest site. Such
permit, or a copy, must be on board a vessel depositing or possessing material on an aquacultured
live rock site or harvesting or possessing live rock from an aquacultured live rock site.
(3) Prohibited coral. A Federal permit may be issued to take or possess Gulf prohibited coral only as
scientific research activity, exempted fishing, or exempted educational activity. See § 600.745 of this
chapter for the procedures and limitations for such activities and fishing.
(4) Florida permits. Appropriate Florida permits and endorsements are required for the following
activities, without regard to whether they involve activities in the EEZ or Florida's waters:
(i)

Landing in Florida fish or other marine organisms taken with an allowable chemical in a coral
area.

(ii) Landing allowable octocoral in Florida.
(iii) Landing live rock in Florida.
(b) Application.
(1) The applicant for a coral permit must be the individual who will be conducting the activity that
requires the permit. In the case of a corporation or partnership that will be conducting live rock
aquaculture activity, the applicant must be the principal shareholder or a general partner.
(2) An applicant must provide the following:
(i)

Name, address, telephone number, and other identifying information of the applicant.

(ii) Name and address of any affiliated company, institution, or organization.
(iii) Information concerning vessels, harvesting gear/methods, or fishing areas, as specified on the
application form.
(iv) Any other information that may be necessary for the issuance or administration of the permit.
(v) If applying for an aquacultured live rock permit, identification of each vessel that will be
depositing material on or harvesting aquacultured live rock from the proposed aquacultured live
rock site, specification of the port of landing of aquacultured live rock, and a site evaluation
report prepared pursuant to generally accepted industry standards that—
50 CFR 622.70(b)(2)(v) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.70(b)(2)(v)(A)

(A) Provides accurate coordinates of the proposed harvesting site so that it can be located
using LORAN or Global Positioning System equipment;
(B) Shows the site on a chart in sufficient detail to determine its size and allow for site
inspection;
(C) Discusses possible hazards to safe navigation or hindrance to vessel traffic, traditional
fishing operations, or other public access that may result from aquacultured live rock at
the site;
(D) Describes the naturally occurring bottom habitat at the site; and
(E) Specifies the type and origin of material to be deposited on the site and how it will be
distinguishable from the naturally occurring substrate.

§ 622.71 Recordkeeping and reporting.
(a) Individuals with aquacultured live rock permits.
(1) A person with a Federal aquacultured live rock permit must report to the RA each deposition of
material on a site. Such reports must be postmarked not later than 7 days after deposition and must
contain the following information:
(i)

Permit number of site and date of deposit.

(ii) Geological origin of material deposited.
(iii) Amount of material deposited.
(iv) Source of material deposited, that is, where obtained, if removed from another habitat, or from
whom purchased.
(2) A person who takes aquacultured live rock must submit a report of harvest to the RA. Specific
reporting requirements will be provided with the permit. This reporting requirement is waived for
aquacultured live rock that is landed in Florida.
(b) [Reserved]

§ 622.72 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods that apply more broadly to multiple fisheries or in some
cases all fisheries.
(a) Power-assisted tools. A power-assisted tool may not be used in the Gulf EEZ to take prohibited coral or
live rock.
(b) [Reserved]

§ 622.73 Prohibited species.
(a) General. The harvest and possession 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 applicable to that vessel.

50 CFR 622.73(a) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.73(b)

(b) Prohibited coral. Gulf prohibited coral taken as incidental catch in the Gulf EEZ must be returned
immediately to the sea in the general area of fishing. In fisheries where the entire catch is landed
unsorted, such as the scallop and groundfish fisheries, unsorted prohibited coral may be landed ashore;
however, no person may sell or purchase such prohibited coral.
(c) Wild live rock may not be harvested or possessed in or from the Gulf EEZ.
[78 FR 22952, Apr. 17, 2013, as amended at 82 FR 60567, Dec. 21, 2017]

§ 622.74 Area closures to protect Gulf corals.
For the purposes of this section, fishing gear is deployed if any part of the gear is in contact with the water.

50 CFR 622.74 (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.74(a)

(a) Florida Middle Grounds HAPC. Deployment of a bottom longline, bottom trawl, dredge, pot, or trap is
prohibited year-round in the area bounded by rhumb lines connecting the following points in order:

Table 1 to Paragraph (a)
Point

North lat.

West long.

A

28°42.500′

84°24.800′

B

28°42.500′

84°16.300′

C

28°11.000′

84°00.000′

D

28°11.000′

84°07.000′

E

28°26.600′

84°24.800′

A

28°42.500′

84°24.800′

(b) Tortugas marine reserves HAPC. Fishing for any species and bottom anchoring by fishing vessels are
prohibited year-round in the areas of the HAPC.
(1) EEZ portion of Tortugas North HAPC. The area is bounded by rhumb lines connecting the following
points in order: From point A at 24°40.000′ N lat., 83°06.000′ W long. to point B at 24°46.000′ N lat.,
83°06.000′ W long. to point C at 24°46.000′ N lat., 83°00.000′ W long.; then along the line denoting
the seaward limit of Florida state waters, as shown on the current edition of NOAA chart 11434, to
point A at 24°40.000′ N lat., 83°06.000′ W long.
(2) Tortugas South HAPC. The area is bounded by rhumb lines connecting the following points in order:

Table 2 to Paragraph (b)(2)
Point

North lat.

West long.

A

24°33.000′

83°09.000′

B

24°33.000′

83°05.000′

C

24°18.000′

83°05.000′

D

24°18.000′

83°09.000′

A

24°33.000′

83°09.000′

(c) Pulley Ridge South HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap,
and bottom anchoring by fishing vessels are prohibited year-round in the area of the HAPC bounded by
rhumb lines connecting the following points in order:

Table 3 to Paragraph (c)
Point

North lat.

West long.

A

24°58.300′

83°38.550′

B

24°58.300′

83°37.000′

C

24°41.183′

83°37.000′

D

24°40.000′

83°41.367′

50 CFR 622.74(c) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.74(d)

North lat.

West long.

E

24°43.917′

83°47.250′

A

24°58.300′

83°38.550′

(d) Pulley Ridge South Portion A HAPC. Deployment of a bottom trawl, buoy gear, dredge, pot, or trap, and
bottom anchoring by fishing vessels are prohibited year-round in the area of the HAPC bounded by rhumb
lines connecting the following points in order:

Table 4 to Paragraph (d)
Point

North lat.

West long.

A

24°40.000′

83°41.366′

B

24°39.666′

83°42.648′

C

24°47.555′

83°55.240′

D

24°57.065′

83°48.405′

E

24°52.859′

83°41.841′

F

24°43.917′

83°47.250′

A

24°40.000′

83°41.366′

(e) West Florida Wall HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap,
and bottom anchoring by fishing vessels are prohibited year-round in the area of the HAPC bounded by
rhumb lines connecting the following points in order:

Table 5 to Paragraph (e)
Point

North lat.

West long.

A

26°28.835′

84°47.955′

B

26°28.816′

84°46.754′

C

26°10.471′

84°42.076′

D

26°10.528′

84°44.577′

E

26°25.028′

84°47.986′

F

26°25.100′

84°47.980′

A

26°28.835′

84°47.955′

(f) Alabama Alps Reef HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap,
and bottom anchoring by fishing vessels are prohibited year-round in the area of the HAPC bounded by
rhumb lines connecting the following points in order:

Table 6 to Paragraph (f)
Point

North lat.

West long.

A

29°16.160′

88°20.525′

B

29°15.427′

88°18.990′

50 CFR 622.74(f) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.74(g)

North lat.

West long.

C

29°13.380′

88°19.051′

D

29°14.140′

88°20.533′

A

29°16.160′

88°20.525′

(g) L & W Pinnacles and Scamp Reef HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge,
pot, or trap, and bottom anchoring by fishing vessels are prohibited year-round in the area of the HAPC
bounded by rhumb lines connecting the following points in order:

Table 7 to Paragraph (g)
Point

North lat.

West long.

A

29°18.595′

87°48.757′

B

29°18.484′

87°50.688′

C

29°19.754′

87°52.484′

D

29°20.401′

87°51.449′

E

29°20.095′

87°50.933′

F

29°20.832′

87°46.631′

G

29°21.473′

87°46.326′

H

29°21.314′

87°45.535′

I

29°22.518′

87°43.465′

J

29°21.144′

87°42.632′

K

29°19.269′

87°45.525′

A

29°18.595′

87°48.757′

(h) Mississippi Canyon 118 HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or
trap, and bottom anchoring by fishing vessels are prohibited year-round in the area of the HAPC bounded
by rhumb lines connecting the following points in order:

Table 8 to Paragraph (h)
Point

(i)

North lat.

West long.

A

28°53.183′

88°30.789′

B

28°53.216′

88°27.819′

C

28°50.602′

88°27.782′

D

28°48.944′

88°27.759′

E

28°48.962′

88°30.727′

A

28°53.183′

88°30.789′

Roughtongue Reef HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap,
and bottom anchoring by fishing vessels are prohibited year-round in the area of the HAPC bounded by
rhumb lines connecting the following points in order:

50 CFR 622.74(i) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.74(j)

Table 9 to Paragraph (i)
Point

(j)

North lat.

West long.

A

29°27.596′

87°37.527′

B

29°27.621′

87°31.552′

C

29°25.007′

87°31.539′

D

29°24.981′

87°37.510′

A

29°27.596′

87°37.527′

Viosca Knoll 826 HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap, and
bottom anchoring by fishing vessels are prohibited year-round in the area of the HAPC bounded by rhumb
lines connecting the following points in order:

Table 10 to Paragraph (j)
Point

North lat.

West long.

A

29°10.920′

88°03.509′

B

29°10.877′

87°59.460′

C

29°07.974′

87°59.448′

D

29°08.017′

88°03.532′

A

29°10.920′

88°03.509′

(k) Viosca Knoll 862/906 HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or
trap, and bottom anchoring by fishing vessels are prohibited year-round in the area of the HAPC. This
prohibition does not apply to a fishing vessel issued a Gulf royal red shrimp endorsement, as specified in
§ 622.50(c), while the vessel is fishing for royal red shrimp. The HAPC is bounded by rhumb lines
connecting the following points in order:

Table 11 to Paragraph (k)
Point

North lat.

West long.

A

29°07.640′

88°23.608′

B

29°07.603′

88°20.590′

C

29°03.749′

88°20.554′

D

29°03.734′

88°22.016′

E

29°02.367′

88°21.998′

F

29°02.281′

88°24.972′

G

29°07.568′

88°25.044′

H

29°07.592′

88°25.044′

I

29°07.676′

88°25.045′

A

29°07.640′

88°23.608′

50 CFR 622.74(k) (enhanced display)

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(l)

50 CFR 622.74(l)

McGrail Bank HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap, and
bottom anchoring by fishing vessels are prohibited year-round in the HAPC, which is bounded by rhumb
lines connecting the following points in order:

Table 12 to Paragraph (l)
Point

North lat.

West long.

A

27°59.100′

92°37.320′

B

27°59.100′

92°32.290′

C

27°55.925′

92°32.290′

D

27°55.925′

92°37.320′

A

27°59.100′

92°37.320′

(m) AT 047 HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap and bottom
anchoring by fishing vessels are prohibited year-round in the HAPC, which is bounded by rhumb lines
connecting the following points in order:

Table 13 to Paragraph (m)
Point

North lat.

West long.

A

27°54.426′

89°49.404′

B

27°54.486′

89°46.464′

C

27°51.874′

89°46.397′

D

27°51.814′

89°49.336′

A

27°54.426′

89°49.404′

(n) AT 357 HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap, and bottom
anchoring by fishing vessels are prohibited year-round in the HAPC, which is bounded by rhumb lines
connecting the following points in order:

Table 14 to Paragraph (n)
Point

North lat.

West long.

A

27°36.259'

89°43.068'

B

27°36.315'

89°40.136'

C

27°33.703'

89°40.073'

D

27°33.646'

89°43.004'

A

27°36.259'

89°43.068'

(o) Green Canyon 852 HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap,
and bottom anchoring by fishing vessels are prohibited year-round in the HAPC, which is bounded by
rhumb lines connecting the following points in order:

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50 CFR 622.74(p)

Table 15 to Paragraph (o)
Point

North lat.

West long.

A

27°08.354′

91°08.929′

B

27°05.740′

91°08.963′

C

27°05.762′

91°10.610′

D

27°08.376′

91°10.567′

A

27°08.354′

91°08.929′

(p) West Flower Garden Bank HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or
trap, and bottom anchoring by fishing vessels are prohibited year-round in the HAPC, which is bounded by
rhumb lines connecting the following points in order:

Table 16 to Paragraph (p)
Point

North lat.

West long.

A

27°55.380′

93°53.160′

B

27°55.380′

93°46.767′

C

27°49.050′

93°46.767′

D

27°49.050′

93°53.160′

A

27°55.380′

93°53.160′

(q) East Flower Garden Bank HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or
trap, and bottom anchoring by fishing vessels are prohibited year-round in the HAPC, which is bounded by
rhumb lines connecting the following points in order:

Table 17 to Paragraph (q)
Point

North lat.

West long.

A

27°59.240′

93°38.970′

B

27°59.240′

93°34.058′

C

27°52.608′

93°34.058′

D

27°52.608′

93°38.970′

A

27°59.240′

93°38.970′

(r) Stetson Bank HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap, and
bottom anchoring by fishing vessels are prohibited year-round in the HAPC, which is bounded by rhumb
lines connecting the following points in order:

Table 18 to Paragraph (r)
Point
A
50 CFR 622.74(r) (enhanced display)

North lat.

West long.
28°10.638′

94°18.608′
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Point

50 CFR 622.74(s)

North lat.

West long.

B

28°10.638′

94°17.105′

C

28°09.310′

94°17.105′

D

28°09.310′

94°18.608′

A

28°10.638′

94°18.608′

(s) Harte Bank HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap, and
bottom anchoring by fishing vessels are prohibited year-round in the HAPC, which is bounded by rhumb
lines connecting the following points in order:

Table 19 to Paragraph (s)
Point

North lat.

West long.

A

26°40.826′

96°36.590′

B

26°40.789′

96°32.220′

C

26°37.992′

96°32.308′

D

26°38.043′

96°36.636′

A

26°40.826′

96°36.590′

(t) Southern Bank HAPC. Deployment of a bottom longline, bottom trawl, buoy gear, dredge, pot, or trap, and
bottom anchoring by fishing vessels are prohibited year-round in the HAPC, which is bounded by rhumb
lines connecting the following points in order:

Table 20 to Paragraph (t)
Point

North lat.

West long.

A

27°26.923′

96°31.902′

B

27°26.989′

96°30.881′

C

27°25.958′

96°31.134′

D

27°25.958′

96°31.892′

A

27°26.923′

96°31.902′

[85 FR 65746, Oct. 16, 2020]

§ 622.75 Harvest limitations.
(a) Aquacultured live rock. In the Gulf EEZ:
(1) Aquacultured live rock may be harvested only under a permit, as required under § 622.70(a)(2), and
aquacultured live rock on a site may be harvested only by the person, or his or her employee,
contractor, or agent, who has been issued the aquacultured live rock permit for the site. A person
harvesting aquacultured live rock is exempt from the prohibition on taking prohibited coral for such
prohibited coral as attaches to aquacultured live rock.
(2) The following restrictions apply to individual aquaculture activities:
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(i)

50 CFR 622.75(a)(2)(i)

No aquaculture site may exceed 1 acre (0.4 ha) in size.

(ii) Material deposited on the aquaculture site—
(A) May not be placed over naturally occurring reef outcrops, limestone ledges, coral reefs, or
vegetated areas.
(B) Must be free of contaminants.
(C) Must be nontoxic.
(D) Must be placed on the site by hand or lowered completely to the bottom under restraint,
that is, not allowed to fall freely.
(E) Must be placed from a vessel that is anchored.
(F) Must be distinguishable, geologically or otherwise (for example, be indelibly marked or
tagged), from the naturally occurring substrate.
(iii) A minimum setback of at least 50 ft (15.2 m) must be maintained from natural vegetated or
hard bottom habitats.
(3) Mechanically dredging or drilling, or otherwise disturbing, aquacultured live rock is prohibited, and
aquacultured live rock may be harvested only by hand.
(4) Not less than 24 hours prior to harvest of aquacultured live rock, the owner or operator of the
harvesting vessel must provide the following information to the NMFS Office for Law Enforcement,
Southeast Region, St. Petersburg, FL, by telephone (727-824-5344):
(i)

Permit number of site to be harvested and date of harvest.

(ii) Name and official number of the vessel to be used in harvesting.
(iii) Date, port, and facility at which aquacultured live rock will be landed.
(b) [Reserved]

§ 622.76 Restrictions on sale/purchase.
(a) Gulf wild live rock. Wild live rock in or from the Gulf EEZ may not be sold or purchased. The prohibition on
sale or purchase does not apply to wild live rock from the Gulf EEZ that was harvested and landed prior to
January 1, 1997.
(b) [Reserved]

§ 622.77 Adjustment of management measures.
In accordance with the framework procedures of the FMP for Coral and Coral Reefs of the Gulf of Mexico, the RA
may establish or modify the following:
(a) Gulf coral resources. For a species or species group: reporting and monitoring requirements, permitting
requirements, bag and possession 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 measures (AMs), MSY (or proxy), OY, TAC, management
parameters such as overfished and overfishing definitions, gear restrictions (ranging from regulation to

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50 CFR 622.77(b)

complete prohibition), gear markings and identification, vessel markings and identification, acceptable
biological catch (ABC) and ABC control rules, rebuilding plans, sale and purchase restrictions, transfer at
sea provisions, and restrictions relative to conditions of harvested corals.
(b) [Reserved]

Subpart E—Red Drum Fishery of the Gulf of Mexico
Source: 79 FR 19494, Apr. 9, 2014, unless otherwise noted.

§ 622.90 Permits.
(a) Dealer permits and conditions —
(1) Permits. For a dealer to first receive Gulf red drum harvested in or from the EEZ, a Gulf and South
Atlantic dealer permit must be issued to the dealer.
(2) State license and facility requirements. To obtain a dealer permit, the applicant must have a valid
state wholesaler's license in the state(s) where the dealer operates, if required by such state(s), and
must have a physical facility at a fixed location in such state(s).
(b) 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.

§ 622.91 Recordkeeping and reporting.
(a) Dealers. A dealer who first receives Gulf red drum must maintain records and submit information as
specified in § 622.5(c).
(b) [Reserved]

§ 622.92 Prohibited species.
(a) General. The harvest and possession 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 applicable to that vessel.
(b) Red drum. Red drum may not be harvested or possessed in or from the Gulf EEZ. Such fish caught in the
Gulf EEZ must be released immediately with a minimum of harm.

§ 622.93 Adjustment of management measures.
In accordance with the framework procedures of the FMP for the Red Drum Fishery of the Gulf of Mexico, the RA
may establish or modify the following items:
(a) Reporting and monitoring requirements, permitting requirements, bag and possession 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 measures
(AMs), MSY (or proxy), OY, TAC, management parameters such as overfished and overfishing definitions,
gear restrictions (ranging from regulation to complete prohibition), gear markings and identification,

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50 CFR 622.93(b)

vessel markings and identification, ABC and ABC control rules, rebuilding plans, sale and purchase
restrictions, transfer at sea provisions, and restrictions relative to conditions of harvested fish
(maintaining fish in whole condition, use as bait).
(b) [Reserved]

Subpart F—Offshore Marine Aquaculture in the Gulf of Mexico
Source: 81 FR 1792, Jan. 13, 2016, unless otherwise noted.

§ 622.100 General.
This subpart provides the regulatory structure for enabling environmentally sound and economically sustainable
aquaculture in the Gulf EEZ. Offshore marine aquaculture activities are authorized by a Gulf aquaculture permit or
Gulf aquaculture dealer permit issued under § 622.101 and are conducted in compliance with the provisions of this
subpart. Aquaculture of live rock is addressed elsewhere in this part and is exempt from the provisions of this
subpart.
(a) Electronic system requirements.
(1) The administrative functions associated with this aquaculture program, e.g., registration and account
setup, landing transactions and most reporting requirements, are intended to be accomplished
online via the Southeast Regional Office's Web site at http://sero.nmfs.noaa.gov/
sustainable_fisheries/gulf_fisheries/aquaculture/ therefore, a participant must have access to a
computer and Internet access and must set up an appropriate online aquaculture account to
participate. Assistance with online functions is available from the Permits Office, Monday through
Friday between 8 a.m. and 4:30 p.m. eastern time; telephone: 1 (877) 376-4877. If some online
reporting functions are not available at the time of initial implementation of this aquaculture
program, this will be indicated on the Web site and participants may comply by submitting the
required information via email using the appropriate forms that are available on the Web site. Once
online functions are available, participants must comply by using the online system unless
alternative methods are specified.
(2) The RA will mail each person who is issued a Gulf aquaculture permit or a Gulf aquaculture dealer
permit information and instructions pertinent to using the online system and setting up an online
aquaculture account. The RA also will mail each permittee a user identification number and will
provide each permittee a personal identification number (PIN) in a subsequent letter. Each permittee
must monitor his/her online account and all associated messages and comply with all online
reporting requirements.
(3) During catastrophic conditions only, the RA may authorize use of paper-based components for basic
required functions as a backup to what would normally be reported electronically. The RA will
determine when catastrophic conditions exist, the duration of the catastrophic conditions, and which
participants or geographic areas are deemed affected by the catastrophic conditions. The RA will
provide timely notice to affected participants via publication of notification in the FEDERAL REGISTER,
NOAA weather radio, fishery bulletins, and other appropriate means and will authorize the affected
participants' use of paper-based components for the duration of the catastrophic conditions. NMFS
will provide each aquaculture permittee the necessary paper forms, sequentially coded, and
instructions for submission of the forms to the RA. The paper forms also will be available from the
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50 CFR 622.100(b)

RA. The program functions available to participants or geographic areas deemed affected by
catastrophic conditions may be limited under the paper-based system. Assistance in complying with
the requirements of the paper-based system will be available via the Permits Office, Monday through
Friday between 8 a.m. and 4:30 p.m., eastern time; telephone: 1 (877) 376-4877.
(b) [Reserved]

§ 622.101 Permits.
(a) Gulf aquaculture permit. For a person to deploy or operate an aquaculture facility in the Gulf EEZ or sell or
attempt to sell, at the first point of sale, an allowable aquaculture species cultured in the Gulf EEZ, a Gulf
aquaculture permit must have been issued to that person for that aquaculture facility, and the permit must
be prominently displayed and available for inspection at the aquaculture facility. The permit number
should also be included on the buoys or other floating devices used to mark the restricted access zone of
the operation as specified in § 622.104(c).
(1) Eligibility requirement for a Gulf aquaculture permit. Eligibility for a Gulf aquaculture permit is limited
to U.S. citizens as defined in the Immigration and Nationality Act of 1952, as amended, and
permanent resident aliens lawfully accorded the privilege of residing permanently in the U.S. in
accordance with U.S. immigration laws.
(2) Application for a Gulf aquaculture permit. Application forms are available from the RA. A completed
application form and all required supporting documents must be submitted by the applicant (in the
case of a corporation, an officer; in the case of a partnership, a general partner) to the RA at least
180 days prior to the date the applicant desires the permit to be effective. An applicant must provide
all information indicated on the application form including:
(i)

Applicant's name, address, and telephone number.

(ii) Business name, address, telephone number, date the business was formed, and, if the applicant
is a corporation, corporate structure and shareholder information.
(iii) Information sufficient to document eligibility as a U.S. citizen or permanent resident alien.
(iv) Description of the exact location (i.e., global positioning system (GPS) coordinates) and
dimensions of the proposed aquaculture facility and proposed site, including a map of the site
to scale.
(v) A baseline environmental survey of the proposed aquaculture site. The assessment must be
conducted, and the data, analyses, and results must be summarized and presented, consistent
with the guidelines specified by NMFS. NMFS' guidelines will include methods and procedures
for conducting diver and video surveys, measuring hydrographic conditions, collecting and
analyzing benthic sediments and infauna, and measuring water quality characteristics. The
guidelines will be available on the Web site and from the RA upon request.
(vi) A list of allowable aquaculture species to be cultured; estimated start up production level by
species; and the estimated maximum total annual poundage of each species to be harvested
from the aquaculture facility.
(vii) Name and address or specific location of each hatchery that would provide juvenile animals for
grow-out at the proposed aquaculture facility located within the Gulf EEZ and a copy of all
relevant, valid state or Federal aquaculture permits issued to the hatchery.

50 CFR 622.101(a)(2)(vii) (enhanced display)

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50 CFR 622.101(a)(2)(viii)

(viii) A description of the aquaculture system(s) to be used, including the number, size and
dimensions of the aquaculture system(s), a description of the mooring system(s) used to
secure the aquaculture system(s), and documentation of the aquaculture system's ability to
withstand physical stress, such as hurricanes, wave energy, etc., including a copy of any
available engineering analysis.
(ix) A description of the equipment and methods to be used for feeding, transporting, maintaining,
and removing cultured species from aquaculture systems.
(x) A copy of the valid USCG certificate of documentation or, if not documented, a copy of the valid
state registration certificate for each vessel involved in the aquaculture operation; and
documentation or identification numbers for any aircraft or vehicles involved.
(xi) Documentation certifying that:
(A) the applicant agrees to immediately remove cultured animals remaining in approved
aquaculture systems from the Gulf EEZ as ordered by the RA if it is discovered that the
animals are genetically engineered or transgenic;
(B) the applicant agrees to immediately remove cultured animals remaining in approved
aquaculture systems from the Gulf EEZ as ordered by the RA if fish are discovered to be
infected with a World Organization of Animal Health (OIE) reportable pathogen that
represents a new detection in the Gulf or a new detection for that cultured species in the
U.S. is found at the facility, or additional pathogens that are subsequently identified as
reportable pathogens in the National Aquatic Animal Health Plan (NAAHP), or any other
pathogen determined by NMFS and APHIS to pose a significant threat to the health of wild
aquatic organisms; and,
(C) the applicant agrees to immediately remove all components of the aquaculture system
and cultured animals remaining in approved aquaculture systems from the Gulf EEZ as
ordered by the RA if there are any other violations of the permit conditions or regulations
other than those listed in paragraphs (a)(2)(xi)(A) and (B) of this section which causes the
RA to order such removal.
(xii) Documentation certifying the applicant has obtained an assurance bond sufficient to cover the
costs of removal of all components of the aquaculture facility, including cultured animals
remaining in approved aquaculture systems, from the Gulf EEZ. The assurance bond would not
be required to cover the costs of removing an oil and gas platform. The RA will provide
applicants a form and associated guidance for complying with the assurance bond
requirement. The applicant must also provide documentation certifying the applicant has
established a standby trust fund into which any payments made towards the assurance bond
can be deposited. The trustee of the standby trust may not be the same entity as the permittee.
The assurance bond is payable at the discretion of the RA to a designee as specified in the
bond or to a standby trust. When the RA directs the payment into a standby trust, all amounts
paid by the assurance bond provider must be deposited directly into the standby trust fund for
distribution by the trustee in accordance with the RA's instructions. A permittee will be deemed
to be without the required financial assurance in the event of bankruptcy of the trustee or
issuing institution, or a suspension or revocation of the authority of the trustee institution to act
as trustee or of the institution issuing the assurance bond. The permittee must establish other
financial assurance within 60 days after such an event.

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50 CFR 622.101(a)(2)(xiii)

(xiii) Certification by the applicant that all broodstock, or progeny of such wild broodstock, used to
provide juveniles to the aquaculture facility will be or were originally harvested from U.S. waters
of the Gulf, and will be or were from the same population or subpopulation (based on the best
scientific information available) where the facility is located, and that each individual
broodstock was marked or tagged at the hatchery to allow for identification of those individuals
used in spawning.
(xiv) Certification by the applicant that no genetically engineered or transgenic animals are used or
possessed for culture purposes at the aquaculture facility.
(xv) Copy of a contractual arrangement with an identified aquatic animal health expert to provide
services to the aquaculture facility has been obtained. A copy of the license or certification also
must be provided to NMFS.
(xvi) A copy of an emergency disaster plan, developed for and to be used by the operator of the
aquaculture facility, that includes, procedures for preparing or if necessary removing
aquaculture systems, aquaculture equipment, and cultured animals in the event of a disaster
(e.g., hurricane, tsunami, harmful algal bloom, chemical or oil spill, etc.);
(xvii) Any other information concerning the aquaculture facility or its operations or equipment, as
specified on the application form.
(xviii) Any other information that may be necessary for the issuance or administration of the Gulf
aquaculture permit, as specified on the application form.
(b) Gulf aquaculture dealer permit. For a dealer to receive fish cultured by an aquaculture facility in the Gulf
EEZ, that dealer must first obtain a Gulf aquaculture dealer permit. However, an owner or operator of an
aquaculture facility with a Gulf aquaculture permit may purchase juvenile fish for grow-out from a
hatchery located in the Gulf EEZ without obtaining a dealer permit. To obtain a dealer permit, the applicant
must have a valid state wholesaler's license in the state(s) where the dealer operates, if required by such
state(s), and must have a physical facility at a fixed location in such state(s).
(1) Application for a Gulf aquaculture dealer permit. Application forms are available from the RA. The
application must be submitted by the owner (in the case of a corporation, an officer; in the case of a
partnership, a general partner). Completed application forms and all required supporting documents
must be submitted to the RA at least 30 days prior to the date on which the applicant desires to have
the permit made effective. An applicant must provide the following:
(i)

A copy of each state wholesaler's license held by the dealer.

(ii) Name, address, telephone number, date the business was formed, and other identifying
information of the business.
(iii) The address of each physical facility at a fixed location where the business receives fish from
an aquaculture facility in the Gulf EEZ.
(iv) Name, address, telephone number, other identifying information, and official capacity in the
business of the applicant.
(v) Any other information that may be necessary for the issuance or administration of the permit,
as specified on the application form.
(2) [Reserved]
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50 CFR 622.101(c)

(c) Permit requirements for other aquaculture-related activities. For a person to do any of the following, such
person must have in his/her possession and make available upon request by NMFS or an authorized
officer, a copy of a valid Gulf aquaculture permit with an original (not copied) signature of the permit
owner or owner's agent:
(1) Possess or transport fish in or from the Gulf EEZ to be cultured at an aquaculture facility (e.g., brood
stock, fingerlings) or possess or transport fish from an aquaculture facility for landing ashore and
sale.
(2) Operate, in support of aquaculture related activities, any vessel, vehicle, or aircraft authorized for use
in operations related to an aquaculture facility, i.e., those registered for aquaculture operation use.
(3) Harvest and retain on board a vessel live wild broodstock for use in an aquaculture facility regardless
of where the broodstock is harvested or possessed.
(d) Permit-related procedures —
(1) Fees. A fee is charged for each application for a permit submitted under this section and for each
request for renewal, transfer or replacement of such permit. The amount of each fee is calculated in
accordance with the procedures of the NOAA Finance Handbook, available from the RA, for
determining the administrative costs of each special product or service. The fee may not exceed
such costs and is specified with each application form. The appropriate fee must accompany each
application or request for renewal, transfer or replacement.
(2) Review and notifications regarding a Gulf aquaculture permit.
(i)

The RA will review each application and make a preliminary determination whether the
application is complete. An application is complete when all requested forms, information, and
documentation have been received. If the RA determines that an application is complete,
notification of receipt of the application will be published in the FEDERAL REGISTER with a brief
description of the proposal and specifying the intent of NMFS to issue a Gulf aquaculture
permit. The public will be given up to 45 days to comment, and comments will be requested
during public testimony at a Council meeting. The RA will consult with other Federal agencies,
as appropriate, and the Council concerning the permit application during the period in which
public comments have been requested. The RA will notify the applicant in advance of any
Council meeting at which the application will be considered, and offer the applicant the
opportunity to appear in support of the application. The RA may consider revisions to the
application made by the applicant in response to public comment before approving or denying
it.

(ii) As soon as practicable after the opportunity for public comment ends, the RA will notify the
applicant and the Council in writing of the decision to grant or deny the Gulf aquaculture permit.
If the RA grants the permit, the RA will publish a notification of the permit approval in the
FEDERAL REGISTER. If the RA denies the permit, the RA will advise the applicant, in writing, of the
reasons for the denial and publish a notification in the FEDERAL REGISTER announcing the denial
and the basis for it. Grounds for denial of a Gulf aquaculture permit include the following:
(A) The applicant has failed to disclose material information or has made false statements
with respect to any material fact, in connection with the Gulf aquaculture permit
application;

50 CFR 622.101(d)(2)(ii)(A) (enhanced display)

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50 CFR 622.101(d)(2)(ii)(B)

(B) Based on the best scientific information available, issuance of the permit would pose
significant risk to wild fish stocks, marine mammals, threatened or endangered species,
essential fish habitat, public health, or safety; or,
(C) Activities proposed to be conducted under the Gulf aquaculture permit are inconsistent
with aquaculture regulations in this section, the management objectives of the FMP, or the
Magnuson-Stevens Act or other applicable law.
(D) Use of the proposed site is denied based on the criteria set forth in § 622.103(a)(4).
(3) Initial issuance.
(i)

Upon receipt of an incomplete application, the RA will notify the applicant of the deficiency. If
the applicant fails to correct the deficiency within 60 days of the date of the RA's letter of
notification or request an extension of time by contacting the NMFS Southeast Regional Office
before the end of the 60-day timeframe, the application will be considered abandoned.

(ii) Prior to issuance of a Gulf aquaculture permit, a copy of currently valid Federal permits (e.g.,
ACOE Section 10 permit, and Environmental Protection Agency (EPA) National Pollutant
Discharge Elimination System (NPDES) permit) applicable to the proposed aquaculture site,
facilities, or operations, must be submitted to NMFS.
(iii) The RA will issue an initial permit to an applicant after the review and notification procedures
set forth in paragraph (d)(2)(i) of this section are complete and the decision to grant the permit
is made under paragraph (d)(2)(ii) of this section. The initial permit will be issued 30 days after
the RA notifies the applicant of the decision to grant the permit, unless NMFS receives a written
request from the applicant before the end of the 30 day period to defer issuance of the permit.
If the applicant requests a deferral, NMFS will include this information in the notification of
permit approval published in the FEDERAL REGISTER as specified in paragraph (d)(2)(ii) of this
section and will publish a FEDERAL REGISTER notice upon permit issuance. Permit issuance will
be deferred for two years from the date of the RA notification unless the applicant sends a
written request to NMFS to issue the permit at an earlier date. This written request must be
received by NMFS at least 30 days prior to the date the applicant desires the permit to be
effective.
(4) Duration. A Gulf aquaculture permit will initially be issued for a 10-year period and may be renewed in
5-year increments thereafter. An aquaculture dealer permit is an annual permit and must be renewed
annually. A permit remains valid for the period specified on it unless it is revoked, suspended, or
modified pursuant to subpart D of 15 CFR part 904 or the aquaculture facility is sold and the permit
has not been transferred or the dealership is sold. Once the aquaculture permit is no longer valid, all
components of the aquaculture facility, including cultured animals remaining in approved
aquaculture systems, must be removed immediately from the Gulf EEZ.
(5) Transfer.
(i)

A Gulf aquaculture permit is transferable to an eligible person, i.e., a U.S. citizen or permanent
resident alien if the geographic location of the aquaculture site remains unchanged. An eligible
person who acquires an aquaculture facility that is currently permitted and who desires to
conduct activities for which a permit is required may request that the RA transfer the permit to
him/her. At least 30 days prior to the desired effective date of the transfer, such a person must
complete and submit to the RA or via the Web site a permit transfer request form that is
available from the RA. The permit transfer request form must be accompanied by the original

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50 CFR 622.101(d)(5)(ii)

Gulf aquaculture permit, a copy of a signed bill of sale or equivalent acquisition papers, and a
written agreement between the transferor and transferee specifying who is assuming the
responsibilities and liabilities associated with the Gulf aquaculture permit and the aquaculture
facility, including all the terms and conditions associated with the original issuance of the Gulf
aquaculture permit. All applicable permit requirements and conditions must be satisfied prior to
a permit transfer, including any necessary updates, e.g., updates regarding required
certifications, legal responsibility for assurance bond, other required permits, etc. The seller
must sign the back of the Gulf aquaculture permit, and have the signed transfer document
notarized. Final transfer of a Gulf aquaculture permit will occur only after the RA provides
official notice to both parties that the transferee is eligible to receive the permit and that the
transfer is otherwise valid.
(ii) An aquaculture dealer permit is not transferable.
(6) Renewal. An aquaculture facility owner or aquaculture dealer who has been issued a permit under
this subpart must renew such permit consistent with the applicable duration of the permit specified
in paragraph (d)(4) of this section. The RA will mail an aquaculture facility owner or aquaculture
dealer whose permit is expiring an application for renewal at least 6 months prior to the expiration
date of a Gulf aquaculture facility permit and approximately 2 months prior to the expiration date of
an aquaculture dealer permit. An aquaculture facility owner or aquaculture dealer who does not
receive a renewal application from the RA within the time frames indicated in this paragraph must
contact the RA and request a renewal application. The applicant must submit a completed renewal
application form and all required supporting documents to the RA at least 120 days prior to the date
on which the applicant desires to have a Gulf aquaculture permit made effective and at least 30 days
prior to the date on which the applicant desires to have an aquaculture dealer permit made effective.
If the RA receives an incomplete application, the RA will notify the applicant of the deficiency. If the
applicant fails to correct the deficiency within 60 days of the date of the RA's letter of notification or
request an extension of time by contacting the NMFS Southeast Regional Office before the end of
the 60 day timeframe, the application will be considered abandoned.
(7) Display. A Gulf aquaculture permit issued under this section must be prominently displayed and
available for inspection at the aquaculture facility. The permit number should also be included on the
buoys or other floating devices used to mark the restricted access zone of the operation as specified
in § 622.104(c). An aquaculture dealer permit issued under this section, or a copy thereof, must be
prominently displayed and available on the dealer's premises. In addition, a copy of the dealer's
permit, or the aquaculture facility's permit (if the fish have not yet been purchased by a dealer), must
accompany each vehicle that is used to receive fish harvested from an aquaculture facility in the Gulf
EEZ. A vehicle operator must present the permit or a copy for inspection upon the request of an
authorized officer.
(8) Sanctions and denials. A Gulf aquaculture permit or aquaculture dealer permit issued pursuant to this
section may be revoked, suspended, or modified, and such permit applications may be denied, in
accordance with the procedures governing enforcement-related permit sanctions and denials found
at subpart D of 15 CFR part 904.
(9) Alteration. A Gulf aquaculture permit or aquaculture dealer permit that is altered, erased, or mutilated
is invalid.
(10) Replacement. A replacement Gulf aquaculture permit or aquaculture dealer permit may be issued. An
application for a replacement permit is not considered a new application.
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50 CFR 622.101(d)(11)

(11) Change in application information. An aquaculture facility owner or aquaculture dealer who has been
issued a permit under this subpart must notify the RA within 30 days after any change in the
applicable application information specified in paragraphs (a) or (b) of this section. If any change in
the information is not reported within 30 days aquaculture operations may no longer be conducted
under the permit.

§ 622.102 Recordkeeping and reporting.
(a) Participants in Gulf aquaculture activities addressed in this subpart must keep records and report as
specified in this section. Unless otherwise specified, required reporting must be accomplished
electronically via the Web site. See § 622.100(a)(3) regarding provisions for paper-based reporting in lieu
of electronic reporting during catastrophic conditions as determined by the RA. Recordkeeping (i.e.,
maintaining records versus submitting reports) may, to the extent feasible, be maintained electronically;
however, paper-based recordkeeping also is acceptable.
(1) Aquaculture facility owners or operators. An aquaculture facility owner or operator must comply with
the following requirements:
(i)

Reporting requirements —
(A) Transport of fingerlings/juvenile fish to an aquaculture facility. Report the time, date,
species and number of cultured fingerlings or other juvenile animals that will be
transported from a hatchery to an aquaculture facility at least 72 hours prior to transport.
This information may be submitted electronically via the Web site or via phone. In addition,
permittees are to maintain and make available to NMFS or an authorized officer upon
request a written or electronic daily record of the number of cultured animals introduced
into and the total pounds and average weight of fish removed from each approved
aquaculture system, including mortalities, for the most recent 3 years.
(B) Major escapement. Report any major escapement or suspected major escapement within
24 hours of the event. Major escapement is defined as the escape, within a 24-hour period,
of 10 percent of the fish from a single approved aquaculture system (e.g., one cage or one
net pen) or 5 percent or more of the fish from all approved aquaculture systems
combined, or the escape, within any 30-day period, of 10 percent or more of the fish from
all approved aquaculture systems combined. The report must include the items in
paragraphs (a)(1)(i)(B)(1) through (6) of this section and may be submitted electronically
via the Web site. If no major escapement occurs during a given year, an annual report
must be submitted via the Web site on or before January 31 each year indicating no major
escapement occurred.
(1) Gulf aquaculture permit number;
(2) Name and phone number of a contact person;
(3) Duration and specific location of escapement, including the number of cages or net
pens involved;
(4) Cause(s) of escapement;
(5) Number, size, and percent of fish, by species, that escaped; and
(6) Actions being taken to address the escapement.

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50 CFR 622.102(a)(1)(i)(C)

(C) Pathogens. Report, within 24 hours of diagnosis, all findings or suspected findings of any
OIE-reportable pathogen episodes or pathogens that are identified as reportable
pathogens in the NAAHP, as implemented by the USDA and U.S. Departments of
Commerce and Interior, that are known to infect the cultured species. The report must
include the items in paragraphs (a)(1)(i)(C)(1) through (6) of this section and may be
submitted electronically via the Web site. If no finding or suspected finding of an OIEreportable pathogen episode occurs during a given year, an annual report must be
submitted via the Web site on or before January 31 each year indicating no finding or
suspected finding of an OIE-reportable pathogen episode occurred. See § 622.108(a)(1)
regarding actions NMFS may take to address a pathogen episode.
(1) OIE-reportable pathogen;
(2) Percent of cultured animals infected;
(3) Findings of the aquatic animal health expert;
(4) Plans for submission of specimens for confirmatory testing (as required by the
USDA);
(5) Testing results (when available); and
(6) Actions being taken to address the reportable pathogen episode.
(D) Harvest notification. Report the time, date, and weight of fish to be harvested from an
aquaculture facility at least 72 hours prior to harvest. This information may be submitted
electronically via the Web site or via phone.
(E) Landing information. Report the intended time, date, and port of landing for any vessel
landing fish harvested from an aquaculture facility at least 72 hours prior to landing. This
information may be submitted electronically via the Web site or via phone. The person
landing the cultured animals must validate the dealer transaction report required in
paragraph (a)(2)(i) of this section by entering the unique PIN number of the Gulf
aquaculture permit holder from whom the fish were received when the transaction report
is submitted.
(F) Change of hatchery. Report any change in hatcheries used for obtaining fingerlings or
other juvenile animals and provide updated names and addresses or specific locations (if
no address is available) for the applicable hatcheries no later than 30 days after any such
change occurs. This information may be submitted electronically via the Web site.
(G) Entanglements or interactions with marine mammals, endangered species, or migratory
birds. Report any entanglement or interaction with marine mammals, endangered species,
or migratory birds within 24 hours of the event. The report must include the items included
in paragraphs (a)(1)(i)(G)(1) through (5) of this section and may be submitted
electronically via the Web site. If no entanglement or interaction with marine mammals,
endangered species, or migratory birds occurs during a given year, an annual report must
be submitted via the Web site on or before January 31 each year indicating no
entanglement or interaction occurred.
(1) Date, time, and location of entanglement or interaction.
(2) Species entangled or involved in interactions and number of individuals affected;
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(3) Number of mortalities and acute injuries observed;
(4) Cause of entanglement or interaction; and
(5) Actions being taken to prevent future entanglements or interactions.
(H) Feed invoices. The permittee must keep the original purchase invoices for feed or copies
of purchase invoices for feed, make them available to NMFS or an authorized officer upon
request, and be maintained for a period of 3 years.
(I)

Any other reporting requirements specified by the RA for evaluating and assessing the
environmental impacts of an aquaculture operation.

(ii) Other reporting requirements. In addition to the reporting requirements in paragraph (a)(1)(i) of
this section, an aquaculture facility owner or operator must comply with the following reporting
requirements:
(A) Provide NMFS with current copies of all valid state and Federal permits (e.g., ACOE Section
10 permit, EPA NPDES permit) required for conducting offshore aquaculture and report
any changes applicable to those permits.
(B) Provide NMFS with current copies of all valid state and Federal aquaculture permits for
each hatchery from which fingerlings or other juvenile animals are obtained and report any
changes applicable to those permits within 30 days.
(iii) Recordkeeping requirements. An aquaculture facility owner or operator must comply with the
following recordkeeping requirements:
(A) Maintain for the most recent 3 years and make available to NMFS or an authorized officer,
upon request, monitoring reports related to aquaculture activities required by all other
state and Federal permits (e.g., EPA NPDES permit) required for conducting offshore
aquaculture.
(B) Maintain records of all sales of fish for the most recent 3 years and make that information
available to NMFS or an authorized officer upon request. Sale records must include the
species and quantity of fish sold in pounds round weight; estimated average weight of fish
sold to the nearest tenth of a pound by species; date sold; and the name of the entity to
whom fish were sold.
(2) Aquaculture dealer recordkeeping and reporting requirements. A dealer who purchases fish from an
aquaculture facility in the Gulf EEZ must:
(i)

Complete a landing transaction report for each landing and sale of cultured animals via the Web
site at the time of the transaction in accordance with reporting form and instructions provided
on the Web site. This report includes date, time, and location of transaction; information
necessary to identify the Gulf aquaculture permit holder, vessel, and dealer involved in the
transaction; quantity, in pounds round weight, and estimated average weight of each species
landed to the nearest tenth of a pound; and average price paid for cultured animals landed and
sold by market category. A dealer must maintain such record for at least 3 years after the
receipt date and must make such record available for inspection upon request to NMFS or an
authorized officer.

(ii) After the dealer submits the report and the information has been verified, the Web site will send
a transaction approval code to the dealer and the aquaculture permit holder.
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50 CFR 622.102(b)

(b) [Reserved]

§ 622.103 Aquaculture facilities.
(a) Siting requirements and conditions.
(1) No aquaculture facility may be sited in the Gulf EEZ within a marine protected area, marine reserve,
Habitat Area of Particular Concern, Special Management Zone, permitted artificial reef area specified
in this part or a coral area as defined in § 622.2.
(2) No aquaculture facility may be sited within 1.6 nautical miles (3 km) of another aquaculture facility
and all structures associated with the facility must remain within the sited boundaries.
(3) To allow fallowing and rotation of approved aquaculture systems within a site permitted by the ACOE
and approved by NMFS, the permitted site for the aquaculture facility must be at least twice as large
as the combined area of the aquaculture systems.
(4) The RA will evaluate siting criteria for proposed offshore aquaculture operations on a case-by-case
basis. Criteria considered by the RA during case-by-case review include data, analyses, and results of
the required baseline environmental survey as specified in § 622.101(a)(2)(v); depth of the site; the
frequency of harmful algal blooms or hypoxia at the proposed site; marine mammal migratory
pathways; the location of the site relative to commercial and recreational fishing grounds and
important natural fishery habitats (e.g., seagrasses). The RA may deny use of a proposed
aquaculture site based on a determination by the RA that such a site poses significant risks to wild
fish stocks, essential fish habitat, endangered or threatened species, marine mammals, will result in
user conflicts with commercial or recreational fishermen or other marine resource users, will result
in user conflicts with the OCS energy program, the depth of the site is not sufficient for the approved
aquaculture system, substrate and currents at the site will inhibit the dispersal of wastes and
effluents, the site is prone to low dissolved oxygen or harmful algal blooms, or other grounds
inconsistent with FMP objectives or applicable Federal laws. The information used for siting a
facility with regard to proximity to commercial and recreational fishing grounds includes electronic
logbooks from the shrimp fishery, logbook reported fishing locations, siting information from
previously proposed or permitted aquaculture facilities, and other data that would provide
information regarding how the site would interact with other fisheries. The RA's determination will be
based on consultations with appropriate NMFS and NOAA offices and programs, public comment, as
well as siting and other information submitted by the permit applicant. If a proposed site is denied,
the RA will deny the Gulf Aquaculture Permit and provide this determination as required by §
622.101(d)(2)(ii).
(b) [Reserved]

§ 622.104 Restricted access zones.
(a) Establishment of restricted access zones. NMFS will establish a restricted access zone for each
aquaculture facility. The boundaries of the restricted access zone will correspond with the coordinates
listed on the approved ACOE Section 10 permit associated with the aquaculture facility.
(b) Prohibited activities within a restricted access zone. No recreational fishing or commercial fishing, other
than aquaculture, may occur in the restricted access zone. No fishing vessel may operate in or transit
through the restricted access zone unless the vessel has on board a copy of the aquaculture facility's
permit with an original signature, i.e., not a copy of the signature, of the permittee.

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50 CFR 622.104(c)

(c) Marking requirement. The permittee must mark the restricted access zone with a floating device such as a
buoy at each corner of the zone, as authorized by the USCG. Each floating device must clearly display the
aquaculture facility's permit number and the words “RESTRICTED ACCESS” in block characters at least 6
inches (15.2 cm) in height and in a color that contrasts with the color of the floating device.

§ 622.105 Allowable aquaculture systems and species.
(a) Allowable aquaculture systems. The RA will evaluate each proposed aquaculture system on a case-bycase basis and approve or deny use of the proposed system for offshore marine aquaculture in the Gulf
EEZ. Proposed aquaculture systems may consist of cages, net pens, enclosures or other structures and
gear which are used to culture marine species. The RA will evaluate the structural integrity of a proposed
aquaculture system based, in part, on the required documentation (e.g., engineering analyses, computer
and physical oceanographic model results) submitted by the applicant to assess the ability of the
aquaculture system(s) (including moorings) to withstand physical stresses associated with major storm
events, e.g. hurricanes, storm surge. The RA also will evaluate the proposed aquaculture system and its
operations based on the potential to pose significant risks to essential fish habitat, endangered or
threatened species, marine mammals, wild fish stocks, public health, or safety. The RA may deny use of a
proposed aquaculture system or specify conditions for using an aquaculture system based on a
determination of such significant risks. The RA's evaluation will be based on information provided by the
applicant as well as consultations with appropriate NMFS and NOAA offices and programs. If the RA
denies use of a proposed aquaculture system or specifies conditions for its use, the RA will deny the Gulf
Aquaculture Permit and provide this determination as required by § 622.101(d)(2)(ii).
(b) Allowable aquaculture species. Only the following federally managed species that are native to the Gulf
and are not genetically engineered or transgenic, may be cultured in an aquaculture facility in the Gulf
EEZ:
(1) Species of coastal migratory pelagic fish, as defined in § 622.2.
(2) Species of Gulf reef fish, as listed in appendix A to this part.
(3) Red drum, Sciaenops ocellatus.
(4) Spiny lobster, Panulirus argus.

§ 622.106 Aquaculture operations.
(a) Operational requirements and restrictions. An owner or operator of an aquaculture facility for which a Gulf
aquaculture permit has been issued must comply with the following operational requirements and
restrictions.
(1) Minimum start-up requirement. At least 25 percent of aquaculture systems approved for use at a
specific aquaculture facility at the time of permit issuance must be placed in the water at the
permitted aquaculture site within 2 years of issuance of the Gulf aquaculture permit, and allowable
species for aquaculture must be placed in the aquaculture system(s) within 3 years of issuance of
the permit. Failure to comply with these requirements will be grounds for revocation of the permit. A
permittee may request a 1-year extension to the above time schedules in the event of a catastrophe
(e.g., hurricane). Requests must be made in writing and submitted to the RA. The RA will approve or
deny the request after determining if catastrophic conditions directly caused or significantly
contributed to the permittee's failure to meet the required time schedules. The RA will provide the
determination and the basis for it, in writing, to the permittee.

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50 CFR 622.106(a)(2)

(2) Marking requirement. The permittee must maintain a minimum of one properly functioning electronic
locating device (e.g., GPS device, pinger with radio signal) on each approved aquaculture system
placed in the water at the aquaculture facility.
(3) Restriction on allowable hatcheries. A permittee may only obtain juvenile animals for grow-out at an
aquaculture facility from a hatchery located in the U.S.
(4) Hatchery certifications.
(i)

The permittee must obtain and submit to NMFS a signed certification from the owner(s) of the
hatchery, from which fingerlings or other juvenile animals are obtained, indicating the
broodstock have been individually marked or tagged (e.g., via a Passive Integrated Transponder
(PIT), coded wire, dart, or internal anchor tag) to allow for identification of those individuals
used in spawning.

(ii) The permittee also must obtain and submit to NMFS signed certification from the owner(s) of
the hatchery indicating that fin clips or other genetic materials were collected and submitted for
each individual brood animal in accordance with procedures specified by NMFS.
(iii) The certifications required in paragraphs (a)(4)(i) and (ii) of this section must be provided to
NMFS by the permittee each time broodstock are acquired by the hatchery or used for
spawning.
(5) Health certification. Prior to stocking fish in an approved aquaculture system at an aquaculture
facility in the Gulf EEZ, the permittee must provide NMFS a copy of a health certificate (suggested
form is USDA/Animal and Plant Health Inspection Service (APHIS) VS 17-141, OMB 0579-0278)
signed by an aquatic animal health expert, as defined in § 622.101(a)(2)(xv), certifying that the fish
have been inspected and are visibly healthy and the source population is test negative for OIE
pathogens specific to the cultured species and pathogens identified as reportable pathogens in the
NAAHP as implemented by the USDA and U.S. Departments of Commerce and Interior.
(6) Use of drugs and other chemicals or agents. Use of drugs, pesticides, and biologics must comply
with all applicable Food and Drug Administration (FDA), EPA, and USDA requirements (e.g., Federal,
Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; Clean Water Act, 40 CFR part 122; 9 CFR parts
101 through 124; 21 CFR parts 500 through 599; and 40 CFR parts 150 through 189).
(7) Feed practices and monitoring. The permittee must conduct feed monitoring and management
practices in compliance with EPA regulations at 40 CFR 451.21, if applicable to the facility.
(8) Monitoring and reporting compliance. The permittee must monitor and report the environmental
survey parameters at the aquaculture facility consistent with NMFS' guidelines that will be available
on the Web site and from the RA upon request. The permittee also must comply with all applicable
monitoring and reporting requirements specified in their valid ACOE Section 10 permit and valid EPA
NPDES permit.
(9) Inspection for protected species. The permittee must regularly inspect approved aquaculture
systems, including mooring and anchor lines, for entanglements or interactions with marine
mammals, protected species, and migratory birds. The frequency of inspections will be specified by
NMFS as a condition of the permit. If entanglements or interactions are observed, they must be
reported as specified in § 622.102(a)(1)(i)(G).
(10) Fishing gear stowage requirement. Any vessel transporting cultured animals to or from an
aquaculture facility must stow fishing gear as follows:
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(i)

50 CFR 622.106(a)(10)(i)

A longline may be left on the drum if all gangions and hooks are disconnected 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 secured.
(iii) A gillnet must be left on the drum. Any additional gillnets not attached to the drum must be
stowed below deck.
(iv) A rod and reel must be removed from the rod holder and stowed securely 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. Sinkers must be disconnected from the down rigger and
stowed separately.
(v) All other fishing gear must be stored below deck or in an area where it is not normally used or
readily available for fishing.
(11) Prohibition of possession of wild fish in restricted access zone. Except for broodstock, authorized
pursuant to paragraph (a)(16) of this section, possession of any wild fish at or within the boundaries
of an aquaculture facility's restricted access zone is prohibited.
(12) Prohibition of possession of wild fish aboard vessels, vehicles, or aircraft associated with aquaculture
operations. Possession and transport of any wild fish aboard an aquaculture operation's transport or
service vessels, vehicles, or aircraft is prohibited while engaged in aquaculture related activities,
except when harvesting broodstock as authorized by NMFS.
(13) Maintaining fish intact prior to landing. Cultured finfish must be maintained whole with heads and
fins intact until landed on shore. Such fish may be eviscerated, gilled, and scaled, but must otherwise
be maintained in a whole condition. Spiny lobster must be maintained whole with the tail intact until
landed on shore.
(14) Restriction on offloading. For the purpose of this paragraph, offload means to remove cultured
animals from a vessel following harvest from an offshore aquaculture facility. Cultured animals may
only be offloaded between 6 a.m. and 6 p.m., local time.
(15) Bill of lading requirement. Any cultured animals harvested from an aquaculture facility and being
transported must be accompanied by the applicable bill of lading through landing ashore and the
first point of sale. The bill of lading must include species name, quantity in numbers or pounds by
species, date and location of landing, Gulf aquaculture permit number of the aquaculture facility
from which the fish were harvested, and name and address of purchaser.
(16) Request to harvest broodstock.
(i)

At least 30 days prior to each time a permittee or their designee intends to harvest broodstock
from the Gulf, including from state waters, that would be used to produce juvenile fish for an
aquaculture facility in the Gulf EEZ, the permittee must submit a request to the RA via the Web
site using a Web-based form. The information submitted on the form must include the number,
species, and size of fish to be harvested; methods, gear, and vessels (including USCG
documentation or state registration number) to be used for capturing, holding, and transporting
broodstock; date and specific location of intended harvest; and the location to which
broodstock would be delivered.

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50 CFR 622.106(a)(16)(ii)

(ii) Allowable methods or gear used for broodstock capture in the EEZ include those identified for
each respective fishery in § 600.725, except red drum, which may be harvested only with
handline or rod and reel.
(iii) The RA may deny or modify a request for broodstock harvest if allowable methods or gear are
not proposed for use, the number of fish harvested for broodstock is more than necessary for
purposes of spawning and rearing activities, or the harvest will be inconsistent with FMP
objectives or other Federal laws. If a broodstock collection request is denied or modified, the
RA will provide the determination and the basis for it, in writing to the permittee. If a broodstock
collection request is approved, the permittee must submit a report to the RA including the
number and species of broodstock harvested, their size (length and weight), and the
geographic location where the broodstock were captured. The report must be submitted on a
Web-based form available on the Web site no later than 15 days after the date of harvest.
(iv) Notwithstanding the requirements in § 622.106(a)(16), all proposed harvest of broodstock from
state waters also must comply with all state laws applicable to the harvest of such species.
(17) Authorized access to aquaculture facilities. A permittee must provide NMFS employees and
authorized officers access to an aquaculture facility to conduct inspections or sampling necessary
to determine compliance with the applicable regulations relating to aquaculture in the Gulf EEZ. In
conducting the inspections, NMFS may enter into cooperative agreements with States, may delegate
the inspection authority to any State, or may contract with any non-Federal Government entities. As a
condition of the permit, NMFS may also require the permittee to contract a non-Federal Government
third party approved by the RA if the RA agrees to accept the third party inspection results. The nonFederal Government third party may not be the same entity as the permittee.
(b) [Reserved]

§ 622.107 Limitation on aquaculture production.
No individual, corporation, or other entity will be authorized to produce more than 12.8 million lb (5.8 million kg),
round weight, of cultured species annually from permitted aquaculture facilities in the Gulf EEZ. Production of
juvenile fish by a hatchery in the Gulf EEZ will not be counted toward this limitation because those fish would be
accounted for subsequently via reported harvest at the aquaculture facility where grow out occurs.

§ 622.108 Remedial actions.
(a) Potential remedial actions by NMFS. In addition to potential permit sanctions and denials in accordance
with subpart D of 15 CFR part 904, NMFS may take the following actions, as warranted, to avoid or
mitigate adverse impacts associated with aquaculture in the Gulf EEZ.
(1) Actions to address pathogen episodes. NMFS, in cooperation with USDA's APHIS, may order
movement restrictions and/or the removal of all cultured animals from an approved aquaculture
system upon confirmation by a USDA's APHIS reference laboratory that an OIE-reportable pathogen,
or additional pathogens that are subsequently identified as reportable pathogens in the NAAHP
exists and USDA's APHIS and NMFS determine the pathogen poses a significant threat to the health
of wild or cultured aquatic organisms.
(2) Actions to address genetic issues. NMFS may sample cultured animals to determine genetic lineage
and, upon a determination that genetically engineered or transgenic animals were used or
possessed at an aquaculture facility, will order the removal of all cultured animals of the species for
which such determination was made. In conducting the genetic testing to determine that all
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broodstock or progeny of such broodstock will be or were originally harvested from U.S. waters of
the Gulf, will be or were from the same population or sub-population that occurs where the facility is
located, and that juveniles stocked in offshore aquaculture systems are the progeny of wild
broodstock, or other genetic testing necessary to carry out the requirements of the FMP, NMFS may
enter into cooperative agreements with States, may delegate the testing authority to any State, or
may contract with any non-Federal Government entities. As a condition of the permit, NMFS may
also require the permittee to contract a non-Federal Government third party approved by the RA if the
RA agrees to accept the third party testing results. The non-Federal Government third party may not
be the same entity as the permittee.
(b) [Reserved]

§ 622.109 Adjustment of management measures.
In accordance with the framework procedures of the FMP for Regulating Offshore Marine Aquaculture in the Gulf of
Mexico, the RA may establish or modify the items in paragraph (a) of this section for offshore marine aquaculture.
(a) For the entire aquaculture fishery: MSY, OY, permit application requirements, operational requirements and
restrictions, including monitoring requirements, aquaculture system requirements, siting requirements for
aquaculture facilities, and recordkeeping and reporting requirements.
(b) [Reserved]

Subparts G-H [Reserved]
Subpart I—Snapper-Grouper Fishery of the South Atlantic Region
§ 622.170 Permits and endorsements.
(a) Commercial vessel permits —
(1) South Atlantic snapper-grouper. For a person aboard a vessel to be eligible for exemption from the
bag limits for South Atlantic snapper-grouper in or from the South Atlantic EEZ, to sell South Atlantic
snapper-grouper in or from the South Atlantic EEZ, to engage in the directed fishery for golden
tilefish in the South Atlantic EEZ, to use a longline to fish for South Atlantic snapper-grouper in the
South Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ between 35°15.19′ N. lat. (due
east of Cape Hatteras Light, NC) and 28°35.1′ N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL), either a commercial vessel permit for South Atlantic Unlimited
Snapper-Grouper Permit or a trip-limited permit for South Atlantic snapper-grouper must have been
issued to the vessel and must be on board. A vessel with a trip-limited commercial permit is limited
on any trip to 225 lb (102.1 kg) of snapper-grouper. See § 622.171 for limitations on the use, transfer,
and renewal of a commercial vessel permit for South Atlantic snapper-grouper.
(2) Wreckfish. For a person aboard a vessel to be eligible for exemption from the bag limit for wreckfish
in or from the South Atlantic EEZ, to fish under a quota for wreckfish in or from the South Atlantic
EEZ, or to sell wreckfish in or from the South Atlantic EEZ, a commercial vessel permit for wreckfish
and a commercial permit for South Atlantic snapper-grouper must have been issued to the vessel
and must be on board. To obtain a commercial vessel permit for wreckfish, the applicant must be a
wreckfish shareholder; and either the shareholder must be the vessel owner or the owner or operator
must be an employee, contractor, or agent of the shareholder. (See § 622.172 for information on
wreckfish shareholders.)
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(b) Charter vessel/headboat permits —
(1) South Atlantic snapper-grouper. For a person aboard a vessel that is operating as a charter vessel or
headboat to fish for or possess, in or from the EEZ, South Atlantic snapper-grouper, a valid charter
vessel/headboat permit for South Atlantic snapper-grouper must have been issued to the vessel and
must be on board. A charter vessel or headboat may have both a charter vessel/headboat permit
and a commercial vessel permit. However, when a vessel is operating 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 considered to be operating as a
charter vessel or headboat, respectively.
(2) [Reserved]
(c) Dealer permits and conditions —
(1) Permits. For a dealer to first receive South Atlantic snapper-grouper (including wreckfish) harvested
in or from the EEZ, a Gulf and South Atlantic dealer permit must be issued to the dealer.
(2) State license and facility requirements. To obtain a dealer permit or endorsement, 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 location in such state(s).
(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) South Atlantic black sea bass pot endorsement. For a person aboard a vessel, for which a valid
commercial vessel permit for South Atlantic snapper-grouper unlimited has been issued, to use a black
sea bass pot in the South Atlantic EEZ, a valid South Atlantic black sea bass pot endorsement must have
been issued to the vessel and must be on board. A permit or endorsement that has expired is not valid.
This endorsement must be renewed annually and may only be renewed if the associated vessel has a
valid commercial vessel permit for South Atlantic snapper-grouper unlimited 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 expiration date.
(1) Initial eligibility. To be eligible for an initial South Atlantic black sea bass pot endorsement, a person
must have been issued and must possess a valid or renewable commercial vessel permit for South
Atlantic snapper-grouper that has black sea bass landings using black sea bass pot gear averaging
at least 2,500 lb (1,134 kg), round weight, annually during the period January 1, 1999 through
December 31, 2010. Excluded from this eligibility, are trip-limited permits (South Atlantic snappergrouper permits that have a 225-lb (102.1-kg) limit of snapper-grouper) and valid or renewable
commercial vessel permits for South Atlantic snapper-grouper unlimited that have no reported
landings of black sea bass using black sea bass pots from January 1, 2008, through December 31,
2010. NMFS will attribute all applicable black sea bass landings associated with a current snappergrouper permit for the applicable landings history, including those reported by a person(s) who held
the permit prior to the current permit owner, to the current permit owner. Only legal landings reported
in compliance with applicable state and Federal regulations are acceptable.
(2) Initial issuance. On or about June 1, 2012, the RA will mail each eligible permittee a black sea bass
pot endorsement via certified mail, return receipt requested, to the permittee's address of record as
listed in NMFS' permit files. An eligible permittee who does not receive an endorsement from the RA,

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must contact the RA no later than July 1, 2012, to clarify his/her endorsement status. A permittee
denied an endorsement based on the RA's initial determination of eligibility and who disagrees with
that determination may appeal to the RA.
(3) Procedure for appealing black sea bass pot endorsement eligibility and/or landings information. The
only items subject to appeal are initial eligibility for a black sea bass pot endorsement based on
ownership of a qualifying snapper-grouper permit, the accuracy of the amount of landings, and
correct assignment of landings to the permittee. Appeals based on hardship factors will not be
considered. Appeals must be submitted to the RA postmarked no later than October 1, 2012, and
must contain documentation supporting the basis for the appeal. The RA will review all appeals,
render final decisions on the appeals, and advise the appellant of the final NMFS decision.
(i)

Eligibility appeals. NMFS' records of snapper-grouper permits are the sole basis for determining
ownership of such permits. A person who believes he/she meets the permit eligibility criteria
based on ownership of a vessel under a different name, for example, as a result of ownership
changes from individual to corporate or vice versa, must document his/her continuity of
ownership.

(ii) Landings appeals. Determinations of appeals regarding landings data for 1999 through 2010
will be based on NMFS' logbook records. If NMFS' logbooks are not available, the RA may use
state landings records or data for the period 1999 through 2010 that were submitted in
compliance with applicable Federal and state regulations on or before December 31, 2011.
(4) Transferability. A valid or renewable black sea bass pot endorsement may be transferred between
any two entities that hold, or simultaneously obtain, a valid South Atlantic snapper-grouper unlimited
permit. Endorsements may be transferred independently from the South Atlantic snapper-grouper
unlimited permit. NMFS will attribute black sea bass landings to the associated South Atlantic
snapper-grouper unlimited permit regardless of whether the landings occurred before or after the
endorsement was issued. Only legal landings reported in compliance with applicable state and
Federal regulations are acceptable.
(5) Fees. No fee applies to initial issuance of a black sea bass pot endorsement. NMFS charges a fee for
each renewal or replacement of such endorsement and calculates the amount of each fee in
accordance with the procedures of the NOAA Finance Handbook for determining the administrative
costs of each special product or service. The fee may not exceed such costs and is specified with
each application form. The handbook is available from the RA. The appropriate fee must accompany
each application for renewal or replacement.
(f) South Atlantic golden tilefish longline endorsement. For a person aboard a vessel, for which a valid
commercial vessel permit for South Atlantic snapper-grouper unlimited has been issued, to fish for or
possess golden tilefish in the South Atlantic EEZ using longline gear, a South Atlantic golden tilefish
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 endorsement must be renewed annually and may only be
renewed if the associated vessel has a valid commercial vessel permit for South Atlantic snapper-grouper
unlimited 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 expiration date.
(1) Initial eligibility. To be eligible for an initial South Atlantic golden tilefish longline endorsement, a
person must have been issued and must possess a valid or renewable commercial vessel permit for
South Atlantic snapper-grouper that has golden tilefish landings using longline gear averaging at
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least 5,000 lb (2,268 kg), gutted weight, over the best 3 years within the period 2006-2011. NMFS will
attribute all applicable golden tilefish landings associated with a current South Atlantic snappergrouper permit for the applicable landings history, to the current permit owner, including golden
tilefish landings reported by a person(s) who held the permit prior to the current permit owner. Only
legal landings reported in compliance with applicable state and Federal regulations are acceptable.
(2) Initial issuance. On or about April 23, 2013, the RA will mail each eligible permittee a golden tilefish
longline endorsement via certified mail, return receipt requested, to the permittee's address of record
as listed in NMFS' permit files. An eligible permittee who does not receive an endorsement from the
RA, must contact the RA no later than May 23, 2013, to clarify his/her endorsement status. A
permittee who is denied an endorsement based on the RA's initial determination of eligibility and
who disagrees with that determination may appeal to the RA.
(3) Procedure for appealing golden tilefish longline endorsement eligibility and/or landings information.
The only items subject to appeal are initial eligibility for a golden tilefish longline endorsement based
on ownership of a qualifying snapper-grouper permit, the accuracy of the amount of landings, and
the correct assignment of landings to the permittee. Appeals based on hardship factors will not be
considered. Appeals must be submitted to the RA postmarked no later than August 21, 2013, and
must contain documentation supporting the basis for the appeal. The National Appeals Office will
review, evaluate, and render recommendations on appeals to the RA. The RA will then review each
appeal, render a final decision on each appeal, and advise the appellant of the final NMFS decision.
(i)

Eligibility appeals. NMFS' records of snapper-grouper permits are the sole basis for determining
ownership of such permits. A person who believes he/she meets the permit eligibility criteria
based on ownership of a vessel under a different name, for example, as a result of ownership
changes from individual to corporate or vice versa, must document his or her continuity of
ownership and must submit that information with their appeal.

(ii) Landings appeals. Determinations of appeals regarding landings data for 2006 through 2011
will be based on NMFS' logbook records, submitted on or before October 31, 2012. If NMFS'
logbooks are not available, the RA may use state landings records or data for the period 2006
through 2011 that were submitted in compliance with applicable Federal and state regulations
on or before October 31, 2012.
(4) Transferability. A valid or renewable golden tilefish endorsement may be transferred between any two
entities that hold, or simultaneously obtain, a valid South Atlantic snapper-grouper unlimited permit.
An endorsement may be transferred independently from the South Atlantic snapper-grouper
unlimited permit. NMFS will attribute golden tilefish landings to the associated South Atlantic
Unlimited Snapper-Grouper Permit regardless of whether the landings occurred before or after the
endorsement was issued. Only legal landings reported in compliance with applicable state and
Federal regulations are acceptable.
(5) Fees. No fee applies to the initial issuance of a golden tilefish longline endorsement. NMFS charges
a fee for each renewal or replacement or transfer of such endorsement and calculates the amount of
each fee in accordance with the procedures of the NOAA Finance Handbook for determining the
administrative costs of each special product or service. The handbook is available from the RA. The
appropriate fee must accompany each application for renewal or replacement or transfer.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 23862, Apr. 23, 2013; 79 FR 19495, Apr. 9, 2014]

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§ 622.171 South Atlantic snapper-grouper limited access.
(a) General. The only valid commercial vessel permits for South Atlantic snapper-grouper are those that have
been issued under the limited access criteria specified in the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region. A commercial vessel permit for South Atlantic snappergrouper is either a transferable commercial permit or a trip-limited commercial permit.
(b) Transfers of permits. A snapper-grouper limited access permit is valid only for the vessel and owner
named on the permit. To change either the vessel or the owner, an application for transfer must be
submitted to the RA.
(1) Transferable permits.
(i)

An owner of a vessel with a transferable permit may request that the RA transfer the permit to
another vessel owned by the same entity.

(ii) A transferable permit may be transferred upon a change of ownership of a permitted vessel
with such permit—
(A) From one to another of the following: husband, wife, son, daughter, brother, sister, mother,
or father; or
(B) From an individual to a corporation whose shares are all held by the individual or by the
individual and one or more of the following: husband, wife, son, daughter, brother, sister,
mother, or father. The application for transfer of a permit under this paragraph (b)(1)(ii)(B)
and each application for renewal of such permit must be accompanied by a current annual
report of the corporation that specifies all shareholders of the corporation. A permit will
not be renewed if the annual report shows a new shareholder other than a husband, wife,
son, daughter, brother, sister, mother, or father.
(iii) Except as provided in paragraphs (b)(1)(i) and (ii) of this section, a person desiring to acquire a
limited access, transferable permit for South Atlantic snapper-grouper must obtain and
exchange two such permits for one new permit.
(iv) A transfer of a permit that is undertaken under paragraph (b)(1)(ii) of this section will constitute
a transfer of the vessel's entire catch history to the new owner.
(2) Trip-limited permits. An owner of a vessel with a trip-limited permit may request that the RA transfer
the permit to another vessel owned by the same entity.
(c) Renewal. NMFS will not reissue a commercial vessel permit for South Atlantic snapper-grouper if the
permit is revoked or if the RA does not receive an application for renewal within one year of the permit's
expiration date.

§ 622.172 Wreckfish individual transferable quota (ITQ) system.
The provisions of this section apply to wreckfish in or from the South Atlantic EEZ.
(a) General —
(1) Percentage shares —

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(i)

50 CFR 622.172(a)(1)(i)

Initial ITQ shares. In accordance with the procedure specified in the Fishery Management Plan
for the Snapper-Grouper Fishery of the South Atlantic Region, percentage shares of the quota
for wreckfish were assigned at the beginning of the program. Each person was notified by the
RA of his or her percentage share and shareholder certificate number.

(ii) Reverted ITQ shares. Any shares determined by NMFS to be inactive, will be redistributed
proportionately among remaining shareholders (subject to cap restrictions) based on
shareholder landings history. Inactive shares are, for purposes of this section, those shares
held by ITQ shareholders who have not reported any wreckfish landings between April 16, 2006,
and January 14, 2011.
(iii) Percentage share set-aside to accommodate resolution of appeals. During the 2012-2013
fishing year, the RA will reserve 1.401 percent of wreckfish ITQ shares prior to redistributing
shares (see paragraph (a)(1)(ii) of this section) to accommodate resolution of appeals, if
necessary. NMFS will distribute any portion of the 1.401-percent share remaining after the
appeals process as soon as possible among the remaining shareholders.
(iv) Procedure for appealing wreckfish quota share status and landings information. Appeals must
be submitted to the RA postmarked no later than January 24, 2013, and must contain
documentation supporting the basis for the appeal. The only items subject to appeal are the
status of wreckfish quota shares, as active or inactive, and the accuracy of the amount of
landings. The RA will review and evaluate all appeals, render final decisions on the appeals, and
advise the appellant of the final decision. Appeals based on hardship factors will not be
considered. The RA will determine the outcome of appeals based on NMFS' logbooks. If NMFS'
logbooks are not available, the RA may use state landings records. Appellants must submit
NMFS' logbooks or state landings records, as appropriate, to support their appeal.
(2) Share transfers. All or a portion of a person's percentage shares are transferrable. Transfer of shares
must be reported on a form available from the RA. The RA will confirm, in writing, each transfer of
shares. The effective date of each transfer is the confirmation date provided by the RA. NMFS
charges a fee for each transfer of shares and calculates the amount in accordance with the
procedures of the NOAA Finance Handbook. The handbook is available from the RA. The fee may not
exceed such costs and is specified with each transfer form. The appropriate fee must accompany
each transfer form.
(3) ITQ share cap. No person, including a corporation or other entity, may individually or collectively hold
ITQ shares in excess of 49 percent of the total shares. For the purposes of considering the share
cap, a corporation's total ITQ share is determined by adding the corporation's ITQ shares to any other
ITQ shares the corporation owns in another corporation. If an individual ITQ shareholder is also a
shareholder in a corporation that holds ITQ shares, an individual's total ITQ share is determined by
adding the applicable ITQ shares held by the individual to the applicable ITQ shares equivalent to the
corporate share the individual holds in a corporation. A corporation must provide the RA the identity
of the shareholders of the corporation and their percent of shares in the corporation, and provide
updated information to the RA within 30 days of when a change occurs. This information must also
be provided to the RA any time a commercial vessel permit for wreckfish is renewed or transferred.
(b) List of wreckfish shareholders. Annually, on or about March 1, the RA will provide each wreckfish
shareholder with a list of all wreckfish shareholders and their percentage shares, reflecting share
transactions on forms received through February 15.
(c) ITQs.
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(1) Annually, as soon after March 1 as the TAC for wreckfish for the fishing year that commences April
16 is known, the RA will calculate each wreckfish shareholder's ITQ. Each ITQ is the product of the
wreckfish TAC, in round weight, for the ensuing fishing year, the factor for converting round weight to
eviscerated weight, and each wreckfish shareholder's percentage share, reflecting share transactions
reported on forms received by the RA through February 15. Thus, the ITQs will be in terms of
eviscerated weight of wreckfish.
(2) The RA will provide each wreckfish shareholder with ITQ coupons in various denominations, the total
of which equals his or her ITQ, and a copy of the calculations used in determining his or her ITQ.
Each coupon will be coded to indicate the initial recipient.
(3) An ITQ coupon may be transferred from one wreckfish shareholder to another by completing the sale
endorsement thereon (that is, the signature and shareholder certificate number of the buyer). An ITQ
coupon may be possessed only by the shareholder to whom it has been issued, or by the
shareholder's employee, contractor, or agent, unless the ITQ coupon has been transferred to another
shareholder. An ITQ coupon that has been transferred to another shareholder may be possessed
only by the shareholder whose signature appears on the coupon as the buyer, or by the shareholder's
employee, contractor, or agent, and with all required sale endorsements properly completed.
(4) Wreckfish may not be possessed on board a fishing vessel that has been issued a commercial vessel
permit for South Atlantic snapper-grouper and a commercial vessel permit for wreckfish—
(i)

In an amount exceeding the total of the ITQ coupons on board the vessel; or

(ii) That does not have on board logbook forms for that fishing trip, as required under §
622.176(a)(3)(i).
(5) Prior to termination of a trip, a signature and date signed must be affixed in ink to the “Fisherman”
part of ITQ coupons in denominations equal to the eviscerated weight of the wreckfish on board. The
“Fisherman” part of each such coupon must be separated from the coupon and submitted with the
logbook forms required by § 622.176(a)(3)(i) for that fishing trip.
(6) The “Fish House” part of each such coupon must be given to the dealer to whom the wreckfish are
transferred in amounts totaling the eviscerated weight of the wreckfish transferred to that dealer.
Wreckfish may be transferred only to a Gulf and South Atlantic dealer permit holder, as required
under § 622.170(c)(1).
(7) A dealer may first receive wreckfish only from a vessel for which a commercial permit for wreckfish
has been issued, as required under § 622.170(a)(2). A dealer must receive the “Fish House” part of
ITQ coupons in amounts totaling the eviscerated weight of the wreckfish received; enter the permit
number of the vessel from which the wreckfish were received, enter the date the wreckfish were
received, enter the dealer's permit number, and sign each such “Fish House” part; and submit all such
parts with the electronic dealer reports required by § 622.5(c).
(8) An owner or operator of a vessel and a dealer must make available to an authorized officer all ITQ
coupons in his or her possession upon request.
(d) Wreckfish limitations.
(1) A wreckfish taken in the South Atlantic EEZ may not be transferred at sea, regardless of where the
transfer takes place; and a wreckfish may not be transferred in the South Atlantic EEZ.

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(2) A wreckfish possessed by a fisherman or dealer shoreward of the outer boundary of the South
Atlantic EEZ or in a South Atlantic coastal state will be presumed to have been harvested from the
South Atlantic EEZ unless accompanied by documentation that it was harvested from other than the
South Atlantic EEZ.
(3) A wreckfish harvested by a vessel that has been issued a commercial vessel permit for South
Atlantic snapper-grouper and a commercial vessel permit for wreckfish may be offloaded from a
fishing vessel only between 8 a.m. and 5 p.m., local time.
(4) If a wreckfish harvested by a vessel that has been issued a commercial vessel permit for South
Atlantic snapper-grouper and a commercial vessel permit for wreckfish is to be offloaded at a
location other than a fixed facility of a dealer who holds a Gulf and South Atlantic dealer permit, as
required under § 622.170(c)(1), the wreckfish shareholder or the vessel operator must advise the
NMFS Office for Law Enforcement, Southeast Region, St. Petersburg, FL, by telephone
(727-824-5344), of the location not less than 24 hours prior to offloading.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19495, Apr. 9, 2014]

§§ 622.173-622.175 [Reserved]
§ 622.176 Recordkeeping and reporting.
(a) Commercial vessel owners and operators —
(1) General reporting requirements. The owner or operator of a vessel for which a commercial permit for
South Atlantic snapper-grouper has been issued, as required under § 622.170(a)(1), or whose vessel
fishes for or lands South Atlantic snapper-grouper in or from state waters adjoining the South
Atlantic EEZ, who is selected to report by the SRD must maintain a fishing record on a form available
from the SRD and must submit such record as specified in paragraph (a)(4) of this section.
(2) Electronic logbook/video monitoring reporting. The owner or operator of a vessel for which a
commercial permit for South Atlantic snapper-grouper has been issued, as required under §
622.170(a)(1), who is selected to report by the SRD must participate in the NMFS-sponsored
electronic logbook and/or video monitoring reporting program as directed by the SRD. Compliance
with the reporting requirements of this paragraph (a)(2) is required for permit renewal.
(3) Wreckfish reporting. The wreckfish shareholder under § 622.172, or operator of a vessel for which a
commercial permit for wreckfish has been issued, as required under § 622.170(a)(2), must—
(i)

Maintain a fishing record on a form available from the SRD and must submit such record as
specified in paragraph (a)(4) of this section.

(ii) Make available to an authorized officer upon request all records of commercial offloadings,
purchases, or sales of wreckfish.
(4) Reporting deadlines. Completed fishing records required by this paragraph (a) must be submitted to
the SRD postmarked not later than 7 days after the end of each fishing trip. If no fishing occurred
during a calendar month, a report so stating must be submitted on one of the forms postmarked not
later than 7 days after the end of that month. Information to be reported is indicated on the form and
its accompanying instructions.
(b) Charter vessel/headboat owners and operators —
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(1) General reporting requirement —
(i)

Charter vessels. The owner or operator of a charter vessel for which a charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, as required under § 622.170(b)(1),
and whose vessel is operating as a charter vessel, must record all fish harvested and discarded,
and any other information requested by the SRD for each trip, and submit an electronic fishing
report within the time period specified in paragraph (b)(2)(i) of this section. The electronic
fishing report must be submitted to the SRD via NMFS-approved hardware and software, as
specified in paragraph (b)(5) of this section. If the owner or operator subject to this paragraph
(b)(1)(i) has been issued a Federal permit that requires more restrictive reporting requirements,
as determined by NMFS and posted on the NMFS Southeast Region website, reporting under
those more restrictive regulations will meet the requirements of this paragraph (b)(1)(i).

(ii) Headboats. The owner or operator of a headboat for which a charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, as required under § 622.170(b)(1), and whose
vessel is operating as a headboat in state or Federal waters, must record all fish harvested and
discarded, and any other information requested by the SRD for each trip in state or Federal
waters, and submit an electronic fishing report within the time period specified in paragraph
(b)(2)(i) of this section. The electronic fishing report must be submitted to the SRD via NMFSapproved hardware and software, as specified in paragraph (b)(5) of this section.
(iii) Electronic logbook/video monitoring reporting. The owner or operator of a vessel for which a
charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, as
required under § 622.170(b)(1), and whose vessel fishes for or lands such snapper-grouper in
or from state or Federal waters, who is selected to report by the SRD must participate in the
NMFS-sponsored electronic logbook and/or video monitoring program as directed by the SRD.
Compliance with the reporting requirements of paragraph (b)(2)(i) of this section is required for
permit renewal.
(2) Reporting deadlines for charter vessels and headboats.
(i)

Completed electronic fishing reports required by paragraph (b)(1) of this section must be
submitted to the SRD by the Tuesday following each previous reporting week of Monday
through Sunday, or at shorter intervals if notified by the SRD. If no fishing activity as a charter
vessel or headboat occurred during a reporting week, an electronic report so stating must be
submitted by the Tuesday following that reporting week, or at a shorter interval if notified by the
SRD.

(ii) Completed fishing reports required by paragraph (b)(1)(iii) of this section for charter vessels or
headboats may be required weekly or daily, as directed by the SRD. Information to be reported
is indicated on the form and its accompanying instructions.
(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 paragraphs (b)(1)(i)
and (ii) of this section. The RA will determine when catastrophic conditions exist, the duration of the
catastrophic conditions, and which participants or geographic areas are deemed affected by the
catastrophic conditions. The RA will provide timely notice to affected participants via publication of
notification in the FEDERAL REGISTER, and other appropriate means such as fishery bulletins or NOAA
weather radio, and will authorize the affected participants' use of paper forms for the duration of the
catastrophic conditions. The paper forms will be available from NMFS. During catastrophic
conditions, the RA has the authority to modify or waive reporting time requirements.
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50 CFR 622.176(b)(4)

(4) Compliance requirement. Electronic reports required by paragraphs (b)(1)(i) and (ii) of this section
must be submitted and received by NMFS according to the reporting requirements under this
section. A report not received within the applicable time specified in paragraph (b)(2)(i) of this
section is delinquent. A delinquent report results in the owner and operator of a charter vessel or
headboat for which a charter vessel/headboat permit for South Atlantic snapper-grouper has been
issued being prohibited from harvesting or possessing such species automatically, with no
additional requirement for NMFS to provide notice to the owner and operator of their delinquency.
The owner and operator who are prohibited from harvesting or possessing such species due to
delinquent reports are authorized to harvest or possess such species only after all required and
delinquent reports have been submitted and received by NMFS according to the reporting
requirements under this section.
(5) Hardware and software requirements for electronic reporting. Owners and operators must submit
electronic reports using NMFS-approved hardware and software as posted on the NMFS Southeast
Region website.
(c) Dealers.
(1) A dealer who first receives South Atlantic snapper-grouper (including wreckfish) must maintain
records and submit information as specified in § 622.5(c).
(2) On demand, a dealer who has been issued a Gulf and South Atlantic dealer permit, as required under
§ 622.170(c)(1), must make available to an authorized officer all records of offloadings, purchases,
or sales of South Atlantic snapper-grouper (including wreckfish).
(d) Private recreational vessels in the South Atlantic snapper-grouper fishery. The owner or operator of a
vessel that fishes for or lands South Atlantic snapper-grouper in or from the South Atlantic EEZ who is
selected to report by the SRD must—
(1) Maintain a fishing record for each trip, or a portion of such trips as specified by the SRD, on forms
provided by the SRD. Completed fishing records must be submitted to the SRD monthly and must
either be made available to an authorized statistical reporting agent or be postmarked not later than
7 days after the end of each month. Information to be reported is indicated on the form and its
accompanying instructions.
(2) Participate in the NMFS-sponsored electronic logbook and/or video monitoring reporting program as
directed by the SRD.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78781, Dec. 27, 2013; 79 FR 19495, Apr. 9, 2014; 85 FR 10339, Feb. 24, 2020]

§ 622.177 Gear identification.
(a) Sea bass pots and associated buoys —
(1) Sea bass pots. A sea bass pot used or possessed in the South Atlantic EEZ between 35°15.19′ N. lat.
(due east of Cape Hatteras Light, NC) and 28°35.1′ N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL), or a sea bass pot on board a vessel with a commercial permit for
South Atlantic snapper-grouper, must have a valid identification tag issued by the RA attached.
(2) Associated buoys. In the South Atlantic EEZ, buoys are not required to be used, but, if used, each
buoy must display the official number and color code assigned by the RA so as to be easily
distinguished, located, and identified.
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50 CFR 622.177(a)(3)

(3) Presumption of ownership. A sea bass pot in the EEZ will be presumed to be the property of the most
recently documented owner. This presumption will not apply with respect to such pots that are lost
or sold if the owner reports the loss or sale within 15 days to the RA.
(4) Unmarked sea bass pots or buoys. An unmarked sea bass pot or a buoy deployed in the EEZ where
such pot or buoy is required to be marked is illegal and may be disposed of in any appropriate
manner by the Assistant Administrator or an authorized officer.
(b) [Reserved]

§ 622.178 At-sea observer coverage.
(a) Required coverage.
(1) A vessel for which a Federal commercial vessel permit for South Atlantic snapper-grouper or a
charter vessel/headboat permit for South Atlantic snapper-grouper has been issued must carry a
NMFS-approved observer, if the vessel's trip is selected by the SRD for observer coverage. Vessel
permit renewal is contingent upon compliance with this paragraph (a)(1).
(2) Any other vessel that fishes for South Atlantic snapper-grouper in the South Atlantic EEZ must carry
a NMFS-approved observer, if the vessel's trip is selected by the SRD for observer coverage.
(b) Notification to the SRD. When observer 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 access. 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 duties.
(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon
request to determine the vessel's position.
(4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins,
weight scales, holds, and any other space used to hold, process, weigh, or store fish.
(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.

§ 622.179 Conservation measures for protected resources.
(a) South Atlantic snapper-grouper commercial vessels and charter vessels/headboats —
(1) Sea turtle conservation measures.
(i)

The owner or operator of a vessel for which a commercial vessel permit for South Atlantic
snapper-grouper or a charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, as required under § 622.170(a)(1) and (b)(1), respectively, and whose vessel has
on board any hook-and-line gear, must have the 2019 version of the NMFS document titled,

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50 CFR 622.179(a)(1)(ii)

“Careful Release Protocols for Sea Turtle Release 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 addition, the NMFS sea turtle handling and
release guidelines placard must be posted inside the wheelhouse or an easily 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 release 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 cutters, and at least two
types of mouth openers or mouth gags. This equipment must meet the specifications
described in appendix F of 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 of this part.
(2) Smalltooth sawfish conservation measures. The owner or operator of a vessel for which a
commercial vessel permit for South Atlantic snapper-grouper or a charter vessel/headboat permit
for South Atlantic snapper-grouper has been issued, as required under §§ 622.170(a)(1) and
622.170(b)(1), 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 attempt to remove any hooks on the saw, except with a long-handled
dehooker.
(b) Incorporation by reference. The standards required in paragraph (a)(1) of this section are incorporated by
reference into this section with the approval 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/endangered-species-conservation/sea-turtle-andsmalltooth-sawfish-release-gear-protocols, 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, email
fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
(1) U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine
Fisheries 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]
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50 CFR 622.179(b)(2)

(2) U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine
Fisheries Service, Southeast Regional Office, 263 13th Ave. South, St. Petersburg, 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 67238, Dec. 9, 2019]

§ 622.180 Prohibited gear and methods.
Also see § 622.9 for additional prohibited 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 fish for South Atlantic snapper-grouper in the South Atlantic EEZ.
(b) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a person using a rebreather may not harvest
South Atlantic snapper-grouper with spearfishing gear. The possession of such snapper-grouper while in
the water with a rebreather is prima facie evidence that such fish was harvested with spearfishing gear
while using a rebreather.
(c) Longlines for wreckfish. A bottom longline may not be used to fish for wreckfish in the South Atlantic EEZ.
A person aboard a vessel that has a longline on board may not retain a wreckfish in or from the South
Atlantic EEZ. For the purposes of this paragraph, a vessel is considered to have a longline on board when
a power-operated longline hauler, a cable of diameter suitable for use in the longline fishery longer than
1.5 mi (2.4 km) on any reel, and gangions are on board. Removal of any one of these three elements
constitutes removal of a longline.

§ 622.181 Prohibited and limited-harvest species.
(a) General. The harvest and possession 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 applicable to that vessel.
(b) Prohibited species.
(1) Goliath grouper may not be harvested or possessed in the South Atlantic EEZ. Goliath grouper taken
in the South Atlantic EEZ incidentally by hook-and-line must be released immediately by cutting the
line without removing the fish from the water.
(2) [Reserved]
(3) Speckled hind and warsaw grouper. Speckled hind and warsaw grouper may not be harvested or
possessed in or from the South Atlantic EEZ. Such fish caught in the South Atlantic EEZ must be
released immediately with a minimum of harm. These restrictions also apply in the South Atlantic on
board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, i.e., in state or Federal waters.
(4) Nassau grouper may not be harvested or possessed in the South Atlantic EEZ or the Gulf EEZ.
Nassau grouper taken in the South Atlantic EEZ or the Gulf EEZ incidentally by hook-and-line must be
released immediately by cutting the line without removing the fish from the water.

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50 CFR 622.181(c)

(c) Limited-harvest species. A person who fishes in the EEZ may not combine a harvest limitation specified in
this paragraph (c) with a harvest limitation applicable to state waters. A species subject to a harvest
limitation specified in this paragraph (c) taken in the EEZ may not be transferred at sea, regardless of
where such transfer takes place, and such species may not be transferred in the EEZ.
(1) Cubera snapper. No person may harvest more than two cubera snapper measuring 30 inches (76.2
cm), TL, or larger, per day in the South Atlantic EEZ off Florida and no more than two such cubera
snapper in or from the South Atlantic EEZ off Florida may be possessed on board a vessel at any
time.
(2) Red snapper. Red snapper may only be harvested or possessed in or from the South Atlantic EEZ
during the commercial and recreational seasons as specified in §§ 622.183(b)(5) and 622.193(y).
Any red snapper caught in the South Atlantic EEZ during a time other than the specified commercial
or recreational seasons specified in § 622.193(y) must be released immediately with a minimum of
harm. In addition, for a person on board a vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has been issued, the prohibition on the
harvest or possession of red snapper applies in the South Atlantic, regardless of where such fish are
harvested or possessed, i.e., in state or Federal waters.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44464, July 24, 2013; 78 FR 78775, Dec. 27, 2013; 83 FR 35434, July 26, 2018]

§ 622.182 Gear-restricted areas.
(a) Special management zones (SMZs).
(1) The SMZs consist of artificial reefs and surrounding areas as follows:
(i)

Paradise Reef is bounded on the north by 33°31.59′ N. lat.; on the south by 33°30.51′ N. lat.; on
the east by 78°57.55′ W. long.; and on the west by 78°58.85′ W. long.

(ii) Ten Mile Reef is bounded on the north by 33°26.65′ N. lat.; on the south by 33°24.80′ N. lat.; on
the east by 78°51.08′ W. long.; and on the west by 78°52.97′ W. long.
(iii) Pawleys Island Reef is bounded on the north by 33°26.58′ N. lat.; on the south by 33°25.76′ N.
lat.; on the east by 79°00.29′ W. long.; and on the west by 79°01.24′ W. long.
(iv) Georgetown Reef is bounded on the north by 33°14.90′ N. lat.; on the south by 33°13.85′ N. lat.;
on the east by 78°59.45′ W. long.; and on the west by 79°00.65′ W. long.
(v) Capers Reef is bounded on the north by 32°45.45′ N. lat.; on the south by 32°43.91′ N. lat.; on
the east by 79°33.81′ W. long.; and on the west by 79°35.10′ W. long.
(vi) Kiawah Reef is bounded on the north by 32°29.78′ N. lat.; on the south by 32°28.25′ N. lat.; on
the east by 79°59.00′ W. long.; and on the west by 80°00.95′ W. long.
(vii) Edisto Offshore Reef is bounded on the north by 32°15.30′ N. lat.; on the south by 32°13.90′ N.
lat.; on the east by 79°50.25′ W. long.; and on the west by 79°51.45′ W. long.
(viii) Hunting Island Reef is bounded on the north by 32°13.72′ N. lat.; on the south by 32°12.30′ N.
lat.; on the east by 80°19.23′ W. long.; and on the west by 80°21.00′ W. long.
(ix) Fripp Island Reef is bounded on the north by 32°15.92′ N. lat.; on the south by 32°14.75′ N. lat.;
on the east by 80°21.62′ W. long.; and on the west by 80°22.90′ W. long.
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50 CFR 622.182(a)(1)(x)

(x) Betsy Ross Reef is bounded on the north by 32°03.60′ N. lat.; on the south by 32°02.88′ N. lat.;
on the east by 80°24.57′ W. long.; and on the west by 80°25.50′ W. long.
(xi) Hilton Head Reef/Artificial Reef—T is bounded on the north by 32°00.71′ N. lat.; on the south by
31°59.42′ N. lat.; on the east by 80°35.23′ W. long.; and on the west by 80°36.37′ W. long.
(xii) Artificial Reef—A is bounded on the north by 30°57.4′ N. lat.; on the south by 30°55.4′ N. lat.; on
the east by 81°13.9′ W. long.; and on the west by 81°16.3′ W. long.
(xiii) Artificial Reef—C is bounded on the north by 30°52.0′ N. lat.; on the south by 30°50.0′ N. lat.; on
the east by 81°08.5′ W. long.; and on the west by 81°10.9′ W. long.
(xiv) Artificial Reef—G is bounded on the north by 31°00.0′ N. lat.; on the south by 30°58.0′ N. lat.; on
the east by 80°56.8′ W. long.; and on the west by 80°59.2′ W. long.
(xv) Artificial Reef—F is bounded on the north by 31°06.8′ N. lat.; on the south by 31°04.8′ N. lat.; on
the east by 81°10.5′ W. long.; and on the west by 81°13.4′ W. long.
(xvi) Artificial Reef—J is bounded on the north by 31°36.7′ N. lat.; on the south by 31°34.7′ N. lat.; on
the east by 80°47.3′ W. long.; and on the west by 80°50.1′ W. long.
(xvii) Artificial Reef—L is bounded on the north by 31°46.0′ N. lat.; on the south by 31°44.0′ N. lat.; on
the east by 80°34.7′ W. long.; and on the west by 80°37.1′ W. long.
(xviii) Artificial Reef—KC is bounded on the north by 31°51.2′ N. lat.; on the south by 31°49.2′ N. lat.; on
the east by 80°45.3′ W. long.; and on the west by 80°47.7′ W. long.
(xix) Ft. Pierce Inshore Reef is bounded on the north by 27°26.8′ N. lat.; on the south by 27°25.8′ N.
lat.; on the east by 80°09.24′ W. long.; and on the west by 80°10.36′ W. long.
(xx) Ft. Pierce Offshore Reef is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

A

27°23.68′

80°03.95′

B

27°22.80′

80°03.60′

C

27°23.94′

80°00.02′

D

27°24.85′

80°00.33′

A

27°23.68′

80°03.95′

(xxi) Key Biscayne/Artificial Reef—H is bounded on the north by 25°42.82′ N. lat.; on the south by
25°41.32′ N. lat.; on the east by 80°04.22′ W. long.; and on the west by 80°05.53′ W. long.
(xxii) Little River Offshore Reef is bounded on the north by 33°42.10′ N. lat.; on the south by 33°41.10′
N. lat.; on the east by 78°26.40′ W. long.; and on the west by 78°27.10′ W. long.
(xxiii) BP-25 Reef is bounded on the north by 33°21.70′ N. lat.; on the south by 33°20.70′ N. lat.; on the
east by 78°24.80′ W. long.; and on the west by 78°25.60′ W. long.
(xxiv) Vermilion Reef is bounded on the north by 32°57.80′ N. lat.; on the south by 32°57.30′ N. lat.; on
the east by 78°39.30′ W. long.; and on the west by 78°40.10′ W. long.
(xxv) Cape Romaine Reef is bounded on the north by 33°00.00′ N. lat.; on the south by 32°59.50′ N.
lat.; on the east by 79°02.01′ W. long.; and on the west by 79°02.62′ W. long.
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50 CFR 622.182(a)(1)(xxvi)

(xxvi) Y-73 Reef is bounded on the north by 32°33.20′ N. lat.; on the south by 32°32.70′ N. lat.; on the
east by 79°19.10′ W. long.; and on the west by 79°19.70′ W. long.
(xxvii) Eagles Nest Reef is bounded on the north by 32°01.48′ N. lat.; on the south by 32°00.98′ N. lat.;
on the east by 80°30.00′ W. long.; and on the west by 80°30.65′ W. long.
(xxviii) Bill Perry Jr. Reef is bounded on the north by 33°26.20′ N. lat.; on the south by 33°25.20′ N. lat.;
on the east by 78°32.70′ W. long.; and on the west by 78°33.80′ W. long.
(xxix) Comanche Reef is bounded on the north by 32°27.40′ N. lat.; on the south by 32°26.90′ N. lat.;
on the east by 79°18.80′ W. long.; and on the west by 79°19.60′ W. long.
(xxx) Murrel's Inlet 60 Foot Reef is bounded on the north by 33°17.50′ N. lat.; on the south by
33°16.50′ N. lat.; on the east by 78°44.67′ W. long.; and on the west by 78°45.98′ W. long.
(xxxi) Georgetown 95 Foot Reef is bounded on the north by 33°11.75′ N. lat.; on the south by 33°10.75′
N. lat.; on the east by 78°24.10′ W. long.; and on the west by 78°25.63′ W. long.
(xxxii) New Georgetown 60 Foot Reef is bounded on the north by 33°09.25′ N. lat.; on the south by
33°07.75′ N. lat.; on the east by 78°49.95′ W. long.; and on the west by 78°51.45′ W. long.
(xxxiii) North Inlet 45 Foot Reef is bounded on the north by 33°21.03′ N. lat.; on the south by 33°20.03′
N. lat.; on the east by 79°00.31′ W. long.; and on the west by 79°01.51′ W. long.
(xxxiv) CJ Davidson Reef is bounded on the north by 33°06.48′ N. lat.; on the south by 33°05.48′ N. lat.;
on the east by 79°00.27′ W. long.; and on the west by 79°01.39′ W. long.
(xxxv) Greenville Reef is bounded on the north by 32°57.25′ N. lat.; on the south by 32°56.25′ N. lat.; on
the east by 78°54.25′ W. long.; and on the west by 78°55.25′ W. long.
(xxxvi) Charleston 60 Foot Reef is bounded on the north by 32°33.60′ N. lat.; on the south by 32°32.60′
N. lat.; on the east by 79°39.70′ W. long.; and on the west by 79°40.90′ W. long.
(xxxvii) Edisto 60 Foot Reef is bounded on the north by 32°21.75′ N. lat.; on the south by 32°20.75′ N.
lat.; on the east by 80°04.10′ W. longitude; and on the west by 80°05.70′ W. long.
(xxxviii) Edisto 40 Foot Reef is bounded on the north by 32°25.78′ N. lat.; on the south by 32°24.78′ N.
lat.; on the east by 80°11.24′ W. long.; and on the west by 80°12.32′ W. long.
(xxxix) Beaufort 45 Foot Reef is bounded on the north by 32°07.65′ N. lat.; on the south by 32°06.65′
N. lat.; on the east by 80°28.80′ W. long.; and on the west by 80°29.80′ W. long.
(xl) Artificial Reef—ALT is bounded on the north by 31°18.6′ N. lat.; on the south by 31°16.6′ N. lat.;
on the east by 81°07.0′ W. long.; and on the west by 81°09.4′ W. long.
(xli) Artificial Reef—CAT is bounded on the north by 31°40.2′ N. lat.; on the south by 31°38.2′ N. lat.;
on the east by 80°56.2′ W. long.; and on the west by 80°58.6′ W. long.
(xlii) Artificial Reef—CCA is bounded on the north by 31°43.7′ N. lat.; on the south by 31°41.7′ N. lat.;
on the east by 80°40.0′ W. long.; and on the west by 80°42.3′ W. long.
(xliii) Artificial Reef—DRH is bounded on the north by 31°18.0′ N. lat.; on the south by 31°16.0′ N. lat.;
on the east by 80°56.6′ W. long.; and on the west by 80°59.0′ W. long.
(xliv) Artificial Reef—DUA is bounded on the north by 31°47.8′ N. lat.; on the south by 31°45.8′ N. lat.;
on the east by 80°52.1′ W. long.; and on the west by 80°54.5′ W. long.
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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.182(a)(1)(xlv)

(xlv) Artificial Reef—DW is bounded on the north by 31°22.8′ N. lat.; on the south by 31°20.3′ N. lat.;
on the east by 79°49.8′ W. long.; and on the west by 79°51.1′ W. long.
(xlvi) Artificial Reef—KBY is bounded on the north by 30°48.6′ N. lat.; on the south by 30°46.6′ N. lat.;
on the east by 81°15.0′ W. long.; and on the west by 81°17.4′ W. long.
(xlvii) Artificial Reef—KTK is bounded on the north by 31°31.3′ N. lat.; on the south by 31°29.3′ N. lat.;
on the east by 80°59.1′ W. long.; and on the west by 81°01.5′ W. long.
(xlviii) Artificial Reef—MRY is bounded on the north by 30°47.5′ N. lat.; on the south by 30°45.5′ N. lat.;
on the east by 81°05.5′ W. long.; and on the west by 81°07.8′ W. long.
(xlix) Artificial Reef—SAV is bounded on the north by 31°55.4′ N. lat.; on the south by 31°53.4′ N. lat.;
on the east by 80°45.2′ W. long.; and on the west by 80°47.6′ W. long.
(l)

Artificial Reef—SFC is bounded on the north by 31°00.8′ N. lat.; on the south by 30°59.8′ N. lat.;
on the east by 81°02.2′ W. long.; and on the west by 81°03.4′ W. long.

(li) Artificial Reef—WW is bounded on the north by 31°43.5′ N. lat.; on the south by 31°42.2′ N. lat.;
on the east by 79°57.7′ W. long.; and on the west by 79°59.3′ W. long.
(2) To determine what restrictions apply in the SMZs listed in paragraph (a)(1) of this section, follow this
table:

Table 2 to Paragraph (a)(2)
In SMZs
specified in the
following
paragraphs of
this section

These restrictions apply

(a)(1)(i)
through (x) and
(a)(1)(xxii)
through (xxxix)

Use of a powerhead to take South Atlantic snapper-grouper is prohibited.

(a)(1)(i)
through (x) and
(a)(1)(xxii)
through (xxxix)

Possession of a powerhead and a mutilated South Atlantic snapper-grouper in, or after
having fished in, one of these SMZs constitutes prima facie evidence that such fish was
taken with a powerhead in the SMZ. Harvest and possession of a South Atlantic snappergrouper is limited to the bag limits specified in § 622.187(b).

(a)(1)(i)
through (xviii)
and (a)(1)(xxii)
through (li)

Fishing may only be conducted with handline, rod and reel, and spearfishing gear.

(a)(1)(i)
through (li)

Use of a sea bass pot or bottom longline is prohibited.

(a)(1)(xii)
through (xviii)
and (a)(1)(xl)
through (li)

Possession of South Atlantic snapper-grouper taken with a powerhead is limited to the
bag limits specified in § 622.187(b).

(a)(1)(xix) and

A hydraulic or electric reel that is permanently affixed to the vessel is prohibited when

50 CFR 622.182(a)(2) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

In SMZs
specified in the
following
paragraphs of
this section

50 CFR 622.182(b)

These restrictions apply

(a)(1)(xx)

fishing for South Atlantic snapper-grouper.

(a)(1)(xix) and
(a)(1)(xxi)

Use of spearfishing gear is prohibited.

(b) Longline prohibited areas. A longline may not be used to fish in the EEZ for South Atlantic snapper-grouper
south of 27°10′ N. lat. (due east of the entrance to St. Lucie Inlet, FL); or north of 27°10′ N. lat. where the
charted depth is less than 50 fathoms (91.4 m), as shown on the latest edition of the largest scale NOAA
chart of the location. A person aboard a vessel with a longline on board that fishes on a trip in the South
Atlantic EEZ south of 27°10′ N. lat., or north of 27°10′ N. lat. where the charted depth is less than 50
fathoms (91.4 m), is limited on that trip to the bag limit for South Atlantic snapper-grouper for which a bag
limit is specified in § 622.187(b), and to zero for all other South Atlantic snapper-grouper. For the purpose
of this paragraph, a vessel is considered to have a longline on board when a power-operated longline
hauler, a cable or monofilament of diameter and length suitable for use in the longline fishery, and
gangions are on board. Removal of any one of these three elements constitutes removal of a longline.
(c) [Reserved]
(d) Sea bass pot prohibited area. A sea bass pot may not be used in the South Atlantic EEZ south of 28°35.1′
N. lat. (due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL). A sea bass pot deployed in
the EEZ south of 28°35.1′ N. lat. may be disposed of in any appropriate manner by the Assistant
Administrator or an authorized officer.
(d) [Reserved]
(e) SMZs off North Carolina.
(1) The center of each SMZ in Table 3 to this paragraph (e) is located at the given point with a radius
extending the applicable distance in every direction laterally from that point to form a circle around
the center point.
(2) Harvest of South Atlantic snapper-grouper while in the SMZs in this paragraph (e) is permitted only
by handline, rod and reel, and spearfishing gear. All harvest of South Atlantic snapper-grouper by
spearfishing gear in the SMZs in this paragraph (e) is limited to the applicable recreational bag and
possession limits in § 622.187.

Table 3 to Paragraph (e)
Reef name

North lat.

West long.

Radius in ft
(m)

AR-130

36°00.296′

75°31.957′

1,500 (457)

AR-140

35°56.718′

75°31.965′

1,500 (457)

AR-145

35°54.017′

75°23.883′

1,500 (457)

AR-220

35°08.117′

75°40.633′

3,000 (914)

AR-225

35°06.768′

75°39.322′

1,500 (457)

50 CFR 622.182(e)(2) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Reef name

North lat.

50 CFR 622.182(f)

West long.

Radius in ft
(m)

AR-230

35°06.133′

75°42.933′

1,500 (457)

AR-250

34°56.900′

75°54.860′

1,500 (457)

AR-255

34°55.483′

75°57.910′

1,500 (457)

AR-285

34°33.383′

76°26.350′

1,500 (457)

AR-300

34°18.517′

76°24.133′

1,500 (457)

AR-302

34°10.265′

76°13.703′

1,500 (457)

AR-305

34°16.683′

76°38.650′

1,500 (457)

AR-330

34°33.634′

76°51.267′

3,000 (914)

AR-340

34°34.319′

76°58.345′

1,500 (457)

AR-345

34°32.266′

76°58.508′

1,500 (457)

AR-355

34°21.318′

77°19.877′

1,500 (457)

AR-362

34°15.657′

77°30.392′

1,500 (457)

AR-366

34°12.950′

77°25.250′

1,500 (457)

AR-368

34°09.514′

77°25.782′

1,500 (457)

AR-372

34°06.295′

77°44.917′

1,500 (457)

AR-376

34°03.283′

77°39.633′

1,500 (457)

AR-382

33°58.581′

77°41.172′

1,500 (457)

AR-386

33°57.517′

77°33.400′

1,500 (457)

AR-400

33°29.267′

77°35.227′

1,500 (457)

AR-420

33°51.050′

78°06.710′

1,500 (457)

AR-440

33°49.800′

78°13.083′

1,500 (457)

AR-445

33°44.783′

78°14.100′

1,500 (457)

AR-455

33°47.033′

78°17.883′

1,500 (457)

AR-460

33°50.089′

78°22.022′

1,500 (457)

AR-465

33°23.423′

78°11.052′

1,500 (457)

(f) Additional SMZs off South Carolina.
(1) The center of each SMZ in Table 4 to this paragraph (f) is located at the given point with a radius
extending the applicable distance in every direction laterally from that point to form a circle around
the center point.
(2) Harvest of South Atlantic snapper-grouper while in the SMZs in this paragraph (f) is permitted only by
handline, rod and reel, and spearfishing gear (excludes a powerhead). All harvest of South Atlantic
snapper-grouper by the allowable gear in the SMZs in this paragraph (f) is limited to the applicable
recreational bag and possession limits in § 622.187.
(3) PA-04—Ron McManus Memorial Reef. This SMZ is bounded by lines connecting the following corner
points: northwest corner point at 33°46.400′ N, 78°36.200′ W; northeast corner point at 33°46.400′ N,
78°35.600′ W; southeast corner point at 33°45.900′ N, 78°35.600′ W; and southwest corner point at
33°45.900′ N, 78°36.200′ W.

50 CFR 622.182(f)(3) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.183

Table 4 to Paragraph (f)
Reef name

North lat.

West long.

Radius in ft
(m)

PA-07 Pop Nash

33°34.510′

78°51.000′

600 (183)

PA-28 Lowcountry Anglers

32°34.300′

79°55.100′

600 (183)

PA-34 CCA-McClellanville

32°51.800′

79°22.500′

600 (183)

[78 FR 22952, Apr. 17, 2013, as amended at 85 FR 36171, June 15, 2020; 87 FR 23149, Apr. 19, 2022]

§ 622.183 Area and seasonal closures.
(a) Area closures —
(1) Marine protected areas (MPAs).
(i)

No person may fish for a South Atlantic snapper-grouper in an MPA, and no person may
possess a South Atlantic snapper-grouper in an MPA. However, the prohibition on possession
does not apply to a person aboard a vessel that is in transit with fishing gear appropriately
stowed as specified in paragraph (a)(1)(ii) of this section. In addition to these restrictions, see §
635.21(d)(1)(iii) of this chapter regarding restrictions applicable within these MPAs for any
vessel issued a permit under part 635 of this chapter that has longline gear on board. MPAs
consist of deepwater areas as follows:
(A) Snowy Grouper Wreck MPA is bounded by rhumb lines connecting, in order, the following
points:
Point

North lat.

West long.

A

33°25′

77°04.75′

B

33°34.75′

76°51.3′

C

33°25.5′

76°46.5′

D

33°15.75′

77°00.0′

A

33°25′

77°04.75′

(B) Northern South Carolina MPA is bounded on the north by 32°53.5′ N. lat.; on the south by
32°48.5′ N. lat.; on the east by 78°04.75′ W. long.; and on the west by 78°16.75′ W. long.
(C) Edisto MPA is bounded on the north by 32°24′ N. lat.; on the south by 32°18.5′ N. lat.; on
the east by 78°54.0′ W. long.; and on the west by 79°06.0′ W. long.
(D) Charleston Deep Artificial Reef MPA is bounded by rhumb lines connecting, in order, the
following points:
Point

North lat.

West long.

A

32°05.04′

79°13.575′

B

32°09.65′

79°09.2′

C

32°07.155′

79°05.595′

50 CFR 622.183(a)(1)(i)(D) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.183(a)(1)(i)(E)

North lat.

West long.

D

32°02.36′

79°09.975′

A

32°05.04′

79°13.575′

(E) Georgia MPA is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

A

31°43′

79°31′

B

31°43′

79°21′

C

31°34′

79°29′

D

31°34′

79°39′

A

31°43′

79°31′

(F) North Florida MPA is bounded on the north by 30°29′ N. lat.; on the south by 30°19′ N. lat.;
on the east by 80°02′ W. long.; and on the west by 80°14′ W. long.
(G) St. Lucie Hump MPA is bounded on the north by 27°08′ N. lat.; on the south by 27°04′ N.
lat.; on the east by 79°58′ W. long.; and on the west by 80°00′ W. long.
(H) East Hump MPA is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

A

24°36.5′

80°45.5′

B

24°32′

80°36′

C

24°27.5′

80°38.5′

D

24°32.5′

80°48′

A

24°36.5′

80°45.5′

(ii) For the purpose of paragraph (a)(1)(i) of this section, transit means direct, non-stop progression
through the MPA. Fishing gear appropriately stowed means—
(A) A longline may be left on the drum if all gangions and hooks are disconnected and stowed
below deck. Hooks cannot be baited. All buoys must be disconnected from the gear;
however, buoys may remain on deck.
(B) A trawl or try net may remain on deck, but trawl doors must be disconnected from such
net and must be secured.
(C) A gillnet, stab net, or trammel net must be left on the drum. Any additional such nets not
attached to the drum must be stowed below deck.
(D) Terminal gear (i.e., hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit
gear, buoy gear, handline, or rod and reel must be disconnected and stowed separately
from such fishing gear. A rod and reel must be removed from the rod holder and stowed
securely on or below deck.
(E) A crustacean trap, golden crab trap, or sea bass pot cannot be baited. All buoys must be
disconnected from the gear; however, buoys may remain on deck.
50 CFR 622.183(a)(1)(ii)(E) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.183(a)(2)

(2) Spawning SMZs.
(i)

Any fishing vessel in a spawning SMZ is prohibited to fish for or harvest species in the snappergrouper fishery management unit year-round. For a fishing vessel to possess snapper-grouper
species on board while in a spawning SMZ, the vessel must be in transit and fishing gear must
be appropriately stowed, as specified in paragraph (a)(2)(vii) of this section. Except for
spawning SMZs of Area 51 and Area 53, the spawning SMZs in this paragraph are effective
until August 2, 2027. A person on board a fishing vessel may not anchor, use an anchor and
chain, or use a grapple and chain while in the spawning SMZs specified in paragraph (a)(2) of
this section. The anchoring prohibition does not apply to fishing vessels in the spawning SMZs
of Area 51 and Area 53.

(ii) South Cape Lookout Spawning SMZ is bounded by rhumb lines connecting, in order, the
following points:
Point

North lat.

West long.

A

33°53.040′

76°28.617′

B

33°52.019′

76°27.798′

C

33°49.946′

76°30.627′

D

33°51.041′

76°31.424′

A

33°53.040′

76°28.617′

(iii) Devil's Hole/Georgetown Hole Spawning SMZ is bounded by rhumb lines connecting, in order,
the following points:
Point

North lat.

West long.

A

32°34.311′

78°34.996′

B

32°34.311′

78°33.220′

C

32°32.748′

78°33.220′

D

32°32.748′

78°34.996′

A

32°34.311′

78°34.996′

(iv) Area 51 Spawning SMZ is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

A

32°35.25′

79°28.6′

B

32°35.25′

79°27′

C

32°33.75′

79°27′

D

32°33.75′

79°28.6′

A

32°35.25′

79°28.6′

(v) Area 53 Spawning SMZ is bounded by rhumb lines connecting, in order, the following points:
Point
A
50 CFR 622.183(a)(2)(v) (enhanced display)

North lat.
32°22.65′

West long.
79°22.25′
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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.183(a)(2)(vi)

North lat.

West long.

B

32°22.65′

79°20.5′

C

32°21.15′

79°20.5′

D

32°21.15′

79°22.25′

A

32°22.65′

79°22.25′

(vi) Warsaw Hole/50 Fathom Hole Spawning SMZ is bounded by rhumb lines connecting, in order,
the following points:
Point

North lat.

West long.

A

24°22.277′

82°20.417′

B

24°22.277′

82°18.215′

C

24°20.932′

82°18.215′

D

24°20.932′

82°20.417′

A

24°22.277′

82°20.417′

(vii) For the purpose of paragraph (a)(2)(i) of this section, transit means direct, non-stop progression
through the spawning SMZ. Fishing gear appropriately stowed means—
(A) A longline may be left on the drum if all gangions and hooks are disconnected and stowed
below deck. Hooks cannot be baited. All buoys must be disconnected from the gear;
however, buoys may remain on deck.
(B) Trawl doors and nets must be out of the water, but the doors are not required to be on
deck or secured on or below deck.
(C) A gillnet, stab net, or trammel net must be left on the drum. Any additional such nets not
attached to the drum must be stowed below deck.
(D) Terminal gear (i.e., hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit
gear, buoy gear, handline, or rod and reel must be disconnected and stowed separately
from such fishing gear. Sinkers must be disconnected from the down rigger and stowed
separately.
(E) A crustacean trap, golden crab trap, or sea bass pot cannot be baited. All buoys must be
disconnected from the gear; however, buoys may remain on deck.
(b) Seasonal closures —
(1) Seasonal closure of the commercial and recreational sectors for gag and associated grouper species.
During January through April each year, no person may fish for, harvest, or possess in or from the
South Atlantic EEZ any South Atlantic shallow-water grouper (SASWG): Gag, black grouper, red
grouper, scamp, red hind, rock hind, yellowmouth grouper, yellowfin grouper, graysby, and coney. For
a person on board a vessel for which a valid Federal commercial or charter vessel/headboat permit
for South Atlantic snapper-grouper has been issued, these prohibitions against fishing, harvesting, or
possessing apply in the South Atlantic, i.e., in state or Federal waters. Additionally, in the month of
May, no person may fish for, harvest, or possess any South Atlantic red grouper in or from the South
Atlantic EEZ off North Carolina or off South Carolina. For a person on board a vessel for which a

50 CFR 622.183(b)(1) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.183(b)(2)

valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, these prohibitions against fishing, harvesting, or possessing red grouper in May apply in
state waters off North Carolina and off South Carolina.
(2) Wreckfish spawning-season closure. From January 15 through April 15, each year, no person may
harvest or possess on a fishing vessel wreckfish in or from the EEZ; offload wreckfish from the EEZ;
or sell or purchase wreckfish in or from the EEZ. The prohibition on sale or purchase of wreckfish
does not apply to trade in wreckfish that were harvested, offloaded, and sold or purchased prior to
January 15 and were held in cold storage by a dealer or processor.
(3) Wreckfish recreational sector closures. The recreational sector for wreckfish in or from the South
Atlantic EEZ is closed from January 1 through June 30, and September 1 through December 31, each
year. During a closure, the bag and possession limit for wreckfish in or from the South Atlantic EEZ is
zero.
(4) Hogfish recreational sector off the Florida Keys and east coast of Florida. From January through
April and from November through December each year, the recreational harvest or possession of
hogfish in or from the South Atlantic EEZ off the Florida Keys and east coast of Florida, and in the
Gulf EEZ south of 25°09′ N. lat. off the west coast of Florida is prohibited, and the bag and
possession limits are zero.
(5) Closures of the commercial and recreational sectors for red snapper —
(i)

The commercial and recreational sectors for red snapper are closed (i.e., red snapper may not
be harvested or possessed, or sold or purchased) in or from the South Atlantic EEZ, except as
specified in § 622.193(y). Each year, NMFS will announce the season opening dates in the
FEDERAL REGISTER. The commercial season will begin on the second Monday in July, unless
otherwise specified. The recreational season, which consists of weekends only (Fridays,
Saturdays, and Sundays) begins on the second Friday in July, unless otherwise specified. NMFS
will project the length of the recreational fishing season and announce the recreational fishing
season end date in the FEDERAL REGISTER. See § 622.193(y), for establishing the end date of the
commercial fishing season.

(ii) If the RA determines tropical storm or hurricane conditions exist, or are projected to exist, in the
South Atlantic, during a commercial or recreational fishing season, the RA may modify the
opening and closing dates of the fishing season by filing a notification to that effect with the
Office of the Federal Register, and announcing via NOAA Weather Radio and a Fishery Bulletin
any change in the dates of the red snapper commercial or recreational fishing season.
(iii) For the commercial sector, if the RA determines tropical storm or hurricane conditions exist, or
are projected to exist, in the South Atlantic during a commercial fishing season, the RA may
modify the opening and closing dates of the fishing season by filing a notification to that effect
with the Office of the Federal Register and announcing via NOAA Weather Radio and a Fishery
Bulletin any change in the dates of the red snapper commercial fishing season. For the
recreational sector, if the RA determines that weather conditions classified by the National
Weather Service at least as severe as a small craft advisory exist, or are projected to exist, in
the South Atlantic EEZ, the RA may modify the opening and closing dates of the recreational
fishing season by filing a notification to that effect with the Office of the Federal Register and
announcing via NOAA Weather Radio and a Fishery Bulletin any change in the dates of the red
snapper recreational fishing season.

50 CFR 622.183(b)(5)(iii) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.183(b)(6)

(6) Seasonal closure of the commercial black sea bass pot component of the snapper-grouper fishery.
The closed area is that area and time period described in paragraphs (b)(6)(i) and (b)(6)(ii) of this
section, respectively. During the applicable closure, no person may harvest or possess black sea
bass in or from the closed area within the South Atlantic EEZ either with sea bass pots or from a
vessel with sea bass pots on board, except that a vessel with a valid commercial permit for snappergrouper with a sea bass pot endorsement that is in transit and with black sea bass pot gear
appropriately stowed as described in paragraph (b)(6)(iii) of this section may possess black sea
bass. In addition, sea bass pots must be removed from the water in the applicable closed area within
the South Atlantic EEZ before the applicable time period, and may not be on board a vessel in the
closed area within the South Atlantic EEZ during the applicable closure, except for such sea bass pot
gear appropriately stowed on board a vessel in transit through the closed area. See paragraph
(b)(6)(iii) of this section for black sea bass pot transit and gear stowage requirements through the
closed areas.
(i)

From November 1 through November 30 and from April 1 through April 30, no person may
harvest or possess black sea bass in or from the closed area within the South Atlantic EEZ
either with sea bass pots or from a vessel with sea bass pots on board in the South Atlantic
EEZ inshore of the rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

1

35°15′

State/EEZ boundary.

2

35°15′

75°09′.

3

35°06′

75°22′.

4

35°06′

75°39′.

5

35°01′

75°47′.

6

34°54′

75°46′.

7

34°52′

76°04′.

8

34°33′

76°22′.

9

34°23′

76°18′.

10

34°21′

76°27′.

11

34°25′

76°51′.

12

34°09′

77°19′.

13

33°44′

77°38′.

14

33°25′

77°27′.

15

33°22′

77°40′.

16

33°28′

77°41′.

17

33°32′

77°53′.

18

33°22′

78°26′.

19

33°06′

78°31′.

20

33°05′

78°40′.

21

33°01′

78°43′.

22

32°56′

78°57′.

23

32°44′

79°04′.

24

32°42′

79°13′.

50 CFR 622.183(b)(6)(i) (enhanced display)

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Point

50 CFR 622.183(b)(6)(ii)

North lat.

West long.

25

32°34′

79°23′.

26

32°25′

79°25′.

27

32°23′

79°37′.

28

31°53′

80°09′.

29

31°31′

80°33′.

30

30°43′

80°49′.

31

30°30′

81°01′.

32

29°45′

81°01′.

33

29°31′

80°58′.

34

29°13′

80°52′.

35

29°13′

State/EEZ boundary.

(ii) From December 1 through March 31, no person may harvest or possess black sea bass in or
from the closed area within the South Atlantic EEZ either with sea bass pots or from a vessel
with sea bass pots on board in the South Atlantic EEZ inshore of the rhumb lines connecting, in
order, the following points:
Point

North lat.

West long.

1

35°15′

State/EEZ boundary.

2

35°15′

75°08′.

3

34°58′

75°41′.

4

34°49′

75°50′.

5

34°47′

76°05′.

6

34°31′

76°18′.

7

34°20′

76°13′.

8

34°12′

77°00′.

9

33°43′

77°30′.

10

33°21′

77°21′.

11

33°18′

77°41′.

12

33°22′

77°56′.

13

33°12′

78°20′.

14

33°05′

78°22′.

15

33°01′

78°38′.

16

32°40′

79°01′.

17

32°36′

79°18′.

18

32°19′

79°22′.

19

32°16′

79°37′.

20

32°03′

79°48′.

21

31°39′

80°27′.

22

30°58′

80°47′.

23

30°13′

81°01′.

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.183(b)(6)(iii)

North lat.

West long.

24

29°32′

80°39′.

25

29°22′

80°44′.

26

28°50′

80°22′.

27

28°21′

80°18′.

28

28°21′

State/EEZ boundary.

(iii) For the purpose of paragraph (b)(6) of this section, transit means non-stop progression through
the area; fishing gear appropriately stowed means all black sea bass pot gear must be out of
the water and on board the deck of the vessel. All buoys must either be disconnected from the
gear or stowed within the sea bass pot. Disconnected buoys may remain on deck.
(7) Blueline tilefish recreational sector closure. The recreational sector for blueline tilefish in or from the
South Atlantic EEZ is closed from January 1 through April 30, and September 1 through December
31, each year. During a closure, the bag and possession limit for blueline tilefish in or from the South
Atlantic EEZ is zero.
(8) Snowy grouper recreational sector closure. The recreational sector for snowy grouper in the South
Atlantic EEZ is closed each year from January 1 through April 30, and July 1 through December 31.
During a recreational closure, the bag and possession limits for snowy grouper harvested in or from
the South Atlantic EEZ are zero.
(9) Red porgy recreational sector closure. The recreational sector for red porgy is closed from January 1
through April 30, and July 1 through December 31, each year. During a closure, the bag and
possession limits for red porgy in or from the South Atlantic EEZ are zero.
(10) Greater amberjack spawning season closure. From April 1 through April 30, each year, no person may
fish for, harvest, or possess in or from the South Atlantic EEZ any greater amberjack. For a person on
board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, these prohibitions against fishing, harvesting, or
possessing apply in the South Atlantic, i.e., in state or Federal waters. Such greater amberjack are
also subject to the prohibition on sale or purchase, as specified in § 622.192(g).
(11) Golden tilefish commercial longline component. The golden tilefish commercial longline component
in or from the South Atlantic EEZ is closed from January 1 through January 14, each year. During a
closure, no vessel with a valid or renewable golden tilefish longline endorsement as described at 50
CFR 622.191(a)(2)(ii), and no person, may fish for, harvest, or possess golden tilefish from the South
Atlantic EEZ with longline gear on board.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44464, July 24, 2013; 78 FR 47579, Aug. 6, 2013; 78 FR 49184, Aug. 13, 2013;
78 FR 58253, Sept. 23, 2013; 80 FR 16587, Mar. 30, 2015; 80 FR 43038, July 21, 2015; 81 FR 95902, Dec. 29, 2016; 82 FR 29775,
June 30, 2017; 82 FR 34594, July 25, 2017; 83 FR 35435, July 26, 2018; 85 FR 6827, Feb. 6, 2020; 85 FR 64980, Oct. 14, 2020; 87
FR 77747, Dec. 20, 2022; 88 FR 65822, Sept. 26, 2023; 88 FR 76701, Nov. 7, 2023; 88 FR 83868, Dec. 1, 2023; 89 FR 50534, June
14, 2024]

§ 622.184 [Reserved]

50 CFR 622.184 (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.185

§ 622.185 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 South Atlantic 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 responsible for ensuring that fish on board are in compliance with the size limits
specified in this section.
(a) Snapper —
(1) [Reserved]
(2) Vermilion snapper —12 inches (30.5 cm), TL.
(3) Cubera, gray, and yellowtail snappers —12 inches (30.5 cm), TL.
(4) Mutton snapper —18 inches (45.7 cm), TL.
(5) Lane snapper —8 inches (20.3 cm), TL.
(b) Grouper —
(1) Red, yellowfin, and yellowmouth grouper; and scamp —20 inches (50.8 cm), TL.
(2) Black grouper and gag —24 inches (61.0 cm), TL.
(c) Other snapper-grouper species —
(1) Black sea bass.
(i)

For a fish taken by a person subject to the bag limit specified in § 622.187(b)(7)—13 inches (33
cm), TL.

(ii) For a fish taken by a person not subject to the bag limit specified in § 622.187(b)(7)—11 inches
(28 cm), TL.
(2) Gray triggerfish —12 inches (30.5 cm), FL.
(3) Hogfish.
(i)

In the South Atlantic EEZ off Georgia, South Carolina, and North Carolina—17 inches (43.2 cm),
fork length.

(ii) In the South Atlantic EEZ off the Florida Keys and east coast of Florida, and in the Gulf EEZ
south of 25°09′ N. lat. off the west coast of Florida—16 inches (40.6 cm), fork length.
(4) Red porgy —14 inches (35.6 cm), TL.
(5) Greater amberjack —28 inches (71.1 cm), fork length, for a fish taken by a person subject to the bag
limit specified in § 622.187(b)(1) and 34 inches (86.4 cm), fork length, for a fish taken by a person
not subject to the bag limit.
(6) Almaco jack. For a fish taken by a person not subject to the bag limit specified in § 622.187(b)(8)—20
inches (50.8 cm), FL.

50 CFR 622.185(c)(6) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.186

[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44465, July 24, 2013; 80 FR 30952, June 1, 2015; 81 FR 32253, May 23, 2016;
82 FR 34594, July 25, 2017; 83 FR 1309, Jan. 11, 2018; 85 FR 4594, Jan. 27, 2020; 85 FR 11309, Feb. 27, 2020; 88 FR 65822, Sept.
26, 2023]

§ 622.186 Landing fish intact.
(a) South Atlantic snapper-grouper in or from the South Atlantic EEZ must be maintained with head and fins
intact, except as specified in paragraph (b) of this section. Such fish may be eviscerated, gilled, and
scaled, but must otherwise be maintained in a whole condition. The operator of a vessel that fishes in the
EEZ is responsible for ensuring that fish on that vessel in the EEZ are maintained intact and, if taken from
the EEZ, are maintained intact through offloading ashore, as specified in this section.
(b) In the South Atlantic EEZ, snapper-grouper lawfully harvested in Bahamian waters are exempt from the
requirement that they be maintained with head and fins intact, provided that the skin remains intact on the
entire fillet of any snapper-grouper carcasses, valid Bahamian fishing and cruising permits are on board
the vessel, each person on the vessel has a valid government passport with current stamps and dates
from The Bahamas, and the vessel is in transit through the South Atlantic EEZ with fishing gear
appropriately stowed. For the purpose of this paragraph, a vessel is in transit through the South Atlantic
EEZ when it is on a direct and continuous course through the South Atlantic EEZ and no one aboard the
vessel fishes in the EEZ. For the purpose of this paragraph, fishing gear appropriately stowed means that
terminal gear (i.e., hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy gear,
handline, or rod and reel must be disconnected and stowed separately from such fishing gear. Sinkers
must be disconnected from the down rigger and stowed separately. See § 622.187(a)(3) for the limit of
snapper-grouper fillets lawfully harvested from Bahamian waters that may transit through the South
Atlantic EEZ.
[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 80688, Dec. 28, 2015]

§ 622.187 Bag and possession limits.
(a) Additional applicability provisions for South Atlantic snapper-grouper. Section 622.11(a) provides the
general applicability for bag and possession limits. However, § 622.11(a) notwithstanding:
(1) The bag and other limits specified in § 622.182(b) apply for South Atlantic snapper-grouper in or
from the EEZ to a person aboard a vessel for which a commercial permit for South Atlantic snappergrouper has been issued that has on board a longline in the longline closed area.
(2) A person aboard a vessel for which a commercial permit for South Atlantic snapper-grouper has
been issued must comply with the bag limits specified in paragraph (b)(1) of this section for South
Atlantic snapper-grouper taken with a powerhead, regardless of where taken, when such snappergrouper are possessed in an SMZ specified in § 622.182(a)(1)(xii) through (a)(1)(xviii) or (a)(1)(xl)
through (a)(1)(li).
(3) In the South Atlantic EEZ, a vessel that lawfully harvests snapper-grouper in Bahamian waters, as per
§ 622.186 (b), must comply with the bag and possession limits specified in this section. For
determining how many snapper-grouper are on board a vessel in fillet form when harvested lawfully
in Bahamian waters, two fillets of snapper-grouper, regardless of the length of each fillet, is
equivalent to one snapper-grouper. The skin must remain intact on the entire fillet of any snappergrouper carcass.
(b) Bag limits —
50 CFR 622.187(b) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.187(b)(1)

(1) Greater amberjack —1.
(2) Grouper and tilefish, combined —3. Within the 3-fish aggregate bag limit:
(i)

No more than one fish may be gag or black grouper, combined. However, no gag or black
grouper may be retained by the captain or crew of a vessel operating as a charter vessel or
headboat. The bag limit for such captain and crew is zero;
(A) In addition to the bag limits specified in this paragraph (b)(2)(i), for gag, the vessel limit for
a vessel operating as a private recreational vessel may not exceed 2 fish per vessel per
day.
(B) In addition to the bag limits specified in this paragraph (b)(2)(i), for gag, the vessel limit for
a vessel operating as a charter vessel or headboat may not exceed 2 fish per vessel per
trip.
(C) In addition to the bag limits specified in this paragraph (b)(2)(i), for black grouper, the
vessel limit for a vessel operating as a private recreational vessel may not exceed 2 fish
per vessel per day.
(D) In addition to the bag limits specified in this paragraph (b)(2)(i), for black grouper, the
vessel limit for a vessel operating as a charter vessel or headboat may not exceed 2 fish
per vessel per trip.

(ii) No more than one fish per vessel may be a snowy grouper;
(iii) No more than one fish may be a golden tilefish; and
(iv) No more than two fish may be blueline tilefish. However, no blueline tilefish may be retained by
the captain or crew of a vessel operating as a charter vessel or headboat. The bag limit for
such captain and crew is zero.
(v) No goliath grouper or Nassau grouper may be retained.
(3) Hogfish.
(i)

In the South Atlantic EEZ off Georgia, South Carolina, and North Carolina—2.

(ii) In the South Atlantic EEZ off the Florida Keys and east coast of Florida, and in the Gulf EEZ
south of 25°09′ N. lat. off the west coast of Florida—1.
(4) Snappers, combined —10.
(i)

Within the 10-fish bag limit, no more than 5 fish may be mutton snapper.

(ii) Excluded from this 10-fish bag limit are cubera snapper, measuring 30 inches (76.2 cm), TL, or
larger, in the South Atlantic off Florida, and red snapper and vermilion snapper. (See §
622.181(b)(2) for the prohibitions on harvest or possession of red snapper, except during a
limited recreational fishing season, and § 622.181(c)(1) for limitations on cubera snapper
measuring 30 inches (76.2 cm), TL, or larger, in or from the South Atlantic EEZ off Florida.)
(5) Vermilion snapper —5.
(6) Red porgy. 1.
(7) Black sea bass—7.
50 CFR 622.187(b)(7) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.187(b)(8)

(8) South Atlantic snapper-grouper (whitebone porgy, jolthead porgy, knobbed porgy, saucereye porgy,
scup, almaco jack, banded rudderfish, lesser amberjack, white grunt, margate, sailor's choice, Atlantic
spadefish, gray triggerfish, bar jack), combined —20. However, excluded from this 20-fish bag limit
are tomtate, South Atlantic snapper-grouper ecosystem component species (specified in table 4 of
appendix A to part 622), and those specified in paragraphs (b)(1) through (7) and paragraphs (b)(9)
and (10) of this section. Within the 20-fish bag limit, no more than 10 fish can be of any one of these
single snapper-grouper species.
(9) Red snapper —1.
(10) No more than one fish per vessel may be a wreckfish.
(11) Longline bag limits. Other provisions of this paragraph (b) notwithstanding, a person on a trip aboard
a vessel for which the bag limits apply that has a longline on board is limited on that trip to the bag
limit for South Atlantic snapper-grouper for which a bag limit is specified in this paragraph (b), and to
zero for all other South Atlantic snapper-grouper. For the purposes of this paragraph (b)(11), a vessel
is considered to have a longline on board when a power-operated longline hauler, a cable or
monofilament of diameter and length suitable for use in the longline fishery, and gangions are on
board. Removal of any one of these elements constitutes removal of a longline.
(c) Possession limits.
(1) Provided each passenger is issued and has in possession a receipt issued on behalf of the vessel
that verifies the duration of the trip—
(i)

A person aboard a charter vessel or headboat on a trip that spans more than 24 hours may
possess no more than two daily bag limits of species other than red porgy.

(ii) A person aboard a headboat on a trip that spans more than 48 hours and who can document
that fishing was conducted on at least 3 days may possess no more than three daily bag limits
of species other than red porgy.
(2) A person aboard a vessel may not possess red porgy in or from the EEZ in excess of one per day or
one per trip, whichever is more restrictive.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44465, July 24, 2013; 78 FR 78775, Dec. 27, 2013; 80 FR 16587, Mar. 30, 2015;
80 FR 80688, Dec. 28, 2015; 81 FR 45248, July 13, 2016; 82 FR 34594, July 25, 2017; 83 FR 1309, Jan. 11, 2018; 83 FR 35435, July
26, 2018; 85 FR 11309, Feb. 27, 2020; 87 FR 77747, Dec. 20, 2022; 88 FR 65146, Sept. 21, 2023; 88 FR 76701, Nov. 7, 2023]

§ 622.188 Required gear, authorized gear, and unauthorized gear.
(a) Required gear. For a person on board a vessel to harvest or possess South Atlantic snapper-grouper in or
from the South Atlantic EEZ, the vessel must possess on board and such person must use the gear as
specified in paragraphs (a)(1) and (a)(2) of this section.
(1) Dehooking device. At least one dehooking device is required and must be used as needed to remove
hooks embedded in South Atlantic snapper-grouper with minimum damage. The hook removal
device must be constructed to allow the hook to be secured and the barb shielded without reengaging during the removal process. The dehooking end must be blunt, and all edges rounded. The
device must be of a size appropriate to secure the range of hook sizes and styles used in the South
Atlantic snapper-grouper fishery.

50 CFR 622.188(a)(1) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.188(a)(2)

(2) Non-offset, non-stainless steel circle hooks. Non-offset, non-stainless steel circle hooks are required
to be used when fishing for South Atlantic snapper-grouper with hook-and-line gear and natural baits
north of 28° N lat.
(3) Non-stainless steel hooks. Non-stainless steel hooks are required to be used when fishing for South
Atlantic snapper-grouper with hook-and-line gear and natural baits south of 28° N lat.
(4) Descending device. At least one descending device is required to be on board a vessel and be ready
for use while fishing for or possessing South Atlantic snapper-grouper. Descending device means an
instrument capable of releasing the fish at the depth from which the fish was caught, and to which is
attached a minimum of a 16-ounce (454-gram) weight and a minimum of a 60-ft (15.2-m) length of
line. The descending device may either attach to the fish's mouth or be a container that will retain the
fish while it is lowered to depth. The device must be capable of releasing the fish automatically, by
actions of the operator of the device, or by allowing the fish to escape on its own when at depth.
(b) Authorized gear. Subject to the gear restrictions specified in § 622.180, the following are the only gear
types authorized in a directed fishery for snapper-grouper in the South Atlantic EEZ: Bandit gear, bottom
longline, buoy gear, handline, rod and reel, sea bass pot, and spearfishing gear.
(c) Unauthorized gear. All gear types other than those specified in paragraph (b) of this section are
unauthorized gear and the following possession and transfer limitations apply.
(1) A vessel with trawl gear on board that fishes in the EEZ on a trip may possess no more than 200 lb
(90.7 kg) of South Atlantic snapper-grouper, excluding wreckfish, in or from the EEZ on that trip. It is
a rebuttable presumption that a vessel with more than 200 lb (90.7 kg) of South Atlantic snappergrouper, excluding wreckfish, on board harvested such fish in the EEZ.
(2) Except as specified in paragraphs (d) through (f) of this section, a person aboard a vessel with
unauthorized gear on board, other than trawl gear, that fishes in the EEZ on a trip is limited on that
trip to:
(i)

South Atlantic snapper-grouper species for which a bag limit is specified in § 622.187—the bag
limit.

(ii) All other South Atlantic snapper-grouper—zero.
(3) South Atlantic snapper-grouper on board a vessel with unauthorized gear on board may not be
transferred at sea, regardless of where such transfer takes place, and such snapper-grouper may not
be transferred in the EEZ.
(4) No vessel may receive at sea any South Atlantic snapper-grouper from a vessel with unauthorized
gear on board, as specified in paragraph (c)(3) of this section.
(d) Possession allowance regarding sink nets off North Carolina. A vessel that has on board a commercial
permit for South Atlantic snapper-grouper, excluding wreckfish, that fishes in the EEZ off North Carolina
with a sink net on board, may retain, without regard to the limits specified in paragraph (c)(2) of this
section, otherwise legal South Atlantic snapper-grouper taken with bandit gear, buoy gear, handline, rod
and reel, or sea bass pot. For the purpose of this paragraph (d), a sink net is a gillnet with stretched mesh
measurements of 3 to 4.75 inches (7.6 to 12.1 cm) that is attached to the vessel when deployed.
(e) Possession allowance regarding bait nets. A vessel that has on board a commercial permit for South
Atlantic snapper-grouper, excluding wreckfish, that fishes in the South Atlantic EEZ with no more than one
bait net on board, may retain, without regard to the limits specified in paragraph (c)(2) of this section,
50 CFR 622.188(e) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.188(f)

otherwise legal South Atlantic snapper-grouper taken with bandit gear, buoy gear, handline, rod and reel, or
sea bass pot. For the purpose of this paragraph (e), a bait net is a gillnet not exceeding 50 ft (15.2 m) in
length or 10 ft (3.1 m) in height with stretched mesh measurements of 1.5 inches (3.8 cm) or smaller that
is attached to the vessel when deployed.
(f) Possession allowance regarding cast nets. A vessel that has on board a commercial permit for South
Atlantic snapper-grouper, excluding wreckfish, that fishes in the South Atlantic EEZ with a cast net on
board, may retain, without regard to the limits specified in paragraph (c)(2) of this section, otherwise legal
South Atlantic snapper-grouper taken with bandit gear, buoy gear, handline, rod and reel, or sea bass pot.
For the purpose of this paragraph (f), a cast net is a cone-shaped net thrown by hand and designed to
spread out and capture fish as the weighted circumference sinks to the bottom and comes together when
pulled by a line.
(g) Longline species limitation. A vessel that has on board a valid Federal commercial permit for South
Atlantic snapper-grouper, excluding wreckfish, that fishes in the EEZ on a trip with a longline on board,
may possess only the following South Atlantic snapper-grouper: snowy grouper, yellowedge grouper,
misty grouper, golden tilefish, blueline tilefish, and sand tilefish. See § 622.170(f) for the requirement to
possess a valid South Atlantic golden tilefish longline endorsement to fish for golden tilefish in the South
Atlantic EEZ using longline gear. For the purpose of this paragraph, a vessel is considered to have a
longline on board when a power-operated longline hauler, a cable of diameter suitable for use in the
longline fishery on any reel, and gangions are on board. Removal of any one of these three elements
constitutes removal of a longline.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 23863 Apr. 23, 2013; 85 FR 36171, June 15, 2020]

§ 622.189 Restrictions and requirements for sea bass pots.
(a) Tending restriction. A sea bass pot in the South Atlantic EEZ may be pulled or tended only by a person
(other than an authorized officer) aboard the vessel permitted to fish such pot or aboard another vessel if
such vessel has on board written consent of the owner or operator of the vessel so permitted.
(b) Configuration restriction. In the South Atlantic EEZ, sea bass pots may not be used or possessed in
multiple configurations, that is, two or more pots may not be attached one to another so that their overall
dimensions exceed those allowed for an individual sea bass pot. This does not preclude connecting
individual pots to a line, such as a “trawl” or trot line.
(c) Requirement for escape mechanisms.
(1) A sea bass pot that is used or possessed in the South Atlantic EEZ between 35°15.19′ N. lat. (due
east of Cape Hatteras Light, NC) and 28°35.1′ N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL) is required to have—
(i)

On at least one side, excluding top and bottom, a panel or door with an opening equal to or
larger than the interior end of the trap's throat (funnel). The hinges and fasteners of each panel
or door must be made of one of the following degradable materials:
(A) Ungalvanized or uncoated iron wire with a diameter not exceeding 0.041 inches (1.0 mm),
that is, 19 gauge wire.
(B) Galvanic timed-release mechanisms with a letter grade designation (degradability index)
no higher than J.

50 CFR 622.189(c)(1)(i)(B) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.189(c)(1)(ii)

(ii) An unobstructed escape vent opening on at least two opposite vertical sides, excluding top and
bottom. The minimum dimensions of an escape vent opening (based on inside measurement)
are:
(A) 11⁄8 by 53⁄4 inches (2.9 by 14.6 cm) for a rectangular vent.
(B) 1.75 by 1.75 inches (4.5 by 4.5 cm) for a square vent.
(C) 2.0-inch (5.1-cm) diameter for a round vent.
(2) [Reserved]
(d) Construction requirements and mesh sizes.
(1) A sea bass pot used or possessed in the South Atlantic EEZ must have mesh sizes as follows (based
on centerline measurements between opposite, parallel wires or netting strands):
(i)

For sides of the pot other than the back panel:
(A) Hexagonal mesh (chicken wire)—at least 1.5 inches (3.8 cm) between the wrapped sides;
(B) Square mesh—at least 1.5 inches (3.8 cm) between sides; or
(C) Rectangular mesh—at least 1 inch (2.5 cm) between the longer sides and 2 inches (5.1
cm) between the shorter sides.

(ii) For the entire back panel, i.e., the side of the pot opposite the side that contains the pot
entrance, mesh that is at least 2 inches (5.1 cm) between sides.
(2) [Reserved]
(e) Requirements for pot removal.
(1) A sea bass pot must be removed from the water in the South Atlantic EEZ and the vessel must be
returned to a dock, berth, beach, seawall, or ramp at the conclusion of each trip. Sea bass pots may
remain on the vessel at the conclusion of each trip.
(2) A sea bass pot must be removed from the water in the South Atlantic EEZ when the applicable quota
specified in § 622.190(a)(5) is reached. After a closure is in effect, a black sea bass may not be
retained by a vessel that has a sea bass pot on board.
(f) Restriction on number of pots. A vessel that has on board a valid Federal commercial permit for South
Atlantic snapper-grouper and a South Atlantic black sea bass pot endorsement that fishes in the South
Atlantic EEZ on a trip with black sea bass pots, may possess only 35 black sea bass pots per vessel per
permit year. Each black sea bass pot in the water or onboard a vessel in the South Atlantic EEZ, must have
a valid identification tag attached. Endorsement holders must apply for new tags each permit year
through NMFS to replace tags from the previous year.
(g) Sea bass pot buoy line marking requirement. In addition to the gear marking requirements specified in 50
CFR 229.32(b), from November 15 through April 15, each year, in the Southeast U.S. Restricted Area North
as described in 50 CFR 229.32(f) and from September 1 through May 31, each year in the Offshore Trap/
Pot Waters Area and the Southern Nearshore Trap/Pot Waters Area, as described in 50 CFR 229.32(c)(6)
and (9), respectively, the buoy line must be marked with a purple color band. The colored band must be
clearly visible when the gear is hauled or removed from the water, including if the color of the rope is the
same as, or similar, to the colored band. The purple band must be marked directly onto the line and
adjacent to the buoy line markings specified in 50 CFR 229.32(b), that is, at the top, middle, and bottom of
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50 CFR 622.190

each buoy line deployed by, or on board, the vessel. Each of the three purple bands must be a 12-inch
(30.5 cm) color mark. In marking or affixing the purple band, the line may be dyed, painted, or marked with
thin colored whipping line, thin colored plastic, or heat-shrink tubing, or other material.
[81 FR 1792, Jan. 13, 2016, as amended at 81 FR 95902, Dec. 29, 2016]

§ 622.190 Quotas.
See § 622.8 for general provisions regarding quota applicability and closure and reopening procedures. This section
provides quotas and specific quota closure restrictions for South Atlantic snapper-grouper.
(a) South Atlantic snapper-grouper, excluding wreckfish. The quotas apply to persons who are not subject to
the bag limits. (See § 622.11 for applicability of the bag limits.) The quotas are in gutted weight, that is
eviscerated but otherwise whole, except for the quotas in paragraphs (a)(4) through (6) of this section
which are in both gutted weight and round weight.
(1) Snowy grouper —
(i)

From January 1 through June 30 each year.
(A) 2023—73,330 lb (33,262 kg).
(B) 2024—74,322 lb (33,712 kg).
(C) 2025 and subsequent fishing years—75,312 lb (34,161 kg).

(ii) From July 1 through December 31 each year.
(A) 2023—31,427 lb (14,255 kg).
(B) 2024—31,852 lb (14,448 kg).
(C) 2025 and subsequent fishing years—32,277 lb (14,641 kg).
(iii) Any unused portion of the quota specified in paragraph (a)(1)(i) of this section will be added to
the quota specified in paragraph (a)(1)(ii) of this section. Any unused portion of the quota
specified in paragraph (a)(1)(ii) of this section, including any addition of quota specified in
paragraph (a)(1)(i) of this section that was unused, will become void and will not be added to
any subsequent quota.
(2) Golden tilefish —
(i)

Commercial sector (hook-and-line and longline components combined).
(A) For the 2023 fishing year—420,645 lb (190,801 kg).
(B) For the 2024 fishing year—433,216 lb (196,503 kg).
(C) For the 2025 fishing year—442,886 lb (200,890 kg).
(D) For the 2026 and subsequent fishing years—450,622 lb (204,399 kg).

(ii) Hook-and-line component.
(A) For the 2023 fishing year—105,161 lb (47,700 kg).
(B) For the 2024 fishing year—108,304 lb (49,126 kg).
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50 CFR 622.190(a)(2)(ii)(C)

(C) For the 2025 fishing year—110,722 lb (50,223 kg).
(D) For the 2026 and subsequent fishing years—112,656 lb (51,100 kg).
(iii) Longline component.
(A) For the 2023 fishing year—315,484 lb (143,101 kg).
(B) For the 2024 fishing year—324,912 lb (147,378 kg).
(C) For the 2025 fishing year—332,165 lb (150,668 kg).
(D) For the 2026 and subsequent fishing years—337,967 lb (153,299 kg).
(3) Greater amberjack —
(i)

For the period of March 1 through August 31 each year.
(A) For the 2023-2024 fishing year, 652,817 lb (296,113 kg).
(B) For the 2024-2025 fishing year, 569,019 lb (258,103 kg).
(C) For the 2025-2026 fishing year, 544,990 lb (247,203 kg).
(D) For the 2026-2027 and subsequent fishing years, 538,933 lb (244,456 kg).

(ii) For the period of September 1 through the end of February each year.
(A) For the 2023-2024 fishing year, 435,212 lb (197,409 kg).
(B) For the 2024-2025 fishing year, 379,346 lb (172,068 kg).
(C) For the 2025-2026 fishing year, 363,327 lb (164,802 kg).
(D) For the 2026-2027 and subsequent fishing years, 359,288 lb (162,970 kg).
(iii) Any unused portion of the quota specified in paragraph (a)(3)(i) of this section will be added to
the quota specified in paragraph (a)(3)(ii) of this section. Any unused portion of the quota
specified in paragraph (a)(3)(ii) of this section, including any addition of quota specified in
paragraph (a)(3)(i) of this section that was unused, will become void and will not be added to
any subsequent quota.
(4) Vermilion snapper.
(i)

For the period January through June each year.
(A) For the 2019 fishing year—483,658 lb (219,384 kg), gutted weight; 536,860 lb (243,516 kg),
round weight.
(B) For the 2020 fishing year—452,721 lb (205,351 kg), gutted weight; 502,520 lb (227,939 kg),
round weight.
(C) For the 2021 fishing year—431,279 lb (195,625 kg), gutted weight; 478,720 lb (217,144 kg),
round weight.
(D) For the 2022 fishing year—417,189 lb (189,234 kg), gutted weight; 463,080 lb (210,050 kg),
round weight.
(E) For the 2023 and subsequent fishing years—409,225 lb (185,621 kg), gutted weight;
454,240 lb (206,040 kg), round weight.

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50 CFR 622.190(a)(4)(ii)

(ii) For the period July through December each year.
(A) For the 2019 fishing year—483,658 lb (219,384 kg), gutted weight; 536,860 lb (243,516 kg),
round weight.
(B) For the 2020 fishing year—452,721 lb (205,351 kg), gutted weight; 502,520 lb (227,939 kg),
round weight.
(C) For the 2021 fishing year—431,279 lb (195,625 kg), gutted weight; 478,720 lb (217,144 kg),
round weight.
(D) For the 2022 fishing year—417,189 lb (417,189 kg), gutted weight; 463,080 lb (210,050 kg),
round weight.
(E) For the 2023 and subsequent fishing years—409,225 lb (185,621 kg), gutted weight;
454,240 lb (206,040 kg), round weight.
(iii) Any unused portion of the quota specified in paragraph (a)(4)(i) of this section will be added to
the quota specified in paragraph (a)(4)(ii) of this section. Any unused portion of the quota
specified in paragraph (a)(4)(ii) of this section, including any addition of quota specified in
paragraph (a)(4)(i) of this section that was unused, will become void and will not be added to
any subsequent quota.
(5) Black sea bass.
(i)

For the 2019 fishing year—276,949 lb (125,622 kg), gutted weight; 326,800 lb (148,234 kg),
round weight.

(ii) For the 2020 fishing year—243,788 lb (110,580 kg), gutted weight; 287,670 lb (130,485 kg),
round weight.
(iii) For the 2021 fishing year and subsequent fishing years—234,314 lb (106,283 kg), gutted weight;
276,490 lb (125,414 kg), round weight.
(6) Red porgy —
(i)

For the period January 1 through April 30 each year.
(A) For the 2022 fishing year—11,127 lb (5,047 kg).
(B) For the 2023 fishing year—12,017 lb (5,451 kg).
(C) For the 2024 fishing year—12,907 lb (5,855 kg).
(D) For the 2025 fishing year—13,500 lb (6,123 kg).
(E) For the 2026 and subsequent fishing years—14,094 lb (6,393 kg).

(ii) For the period May 1 through December 31 each year.
(A) For the 2022 fishing year—25,962 lb (11,776 kg).
(B) For the 2023 fishing year—28,039 lb (12,718 kg).
(C) For the 2024 fishing year—30,116 lb (13,660 kg).
(D) For the 2025 fishing year—31,501 lb (14,289 kg).
(E) For the 2026 and subsequent fishing years—32,886 lb (14,917 kg).
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50 CFR 622.190(a)(6)(iii)

(iii) Any unused portion of the quota specified in paragraph (a)(6)(i) of this section will be added to
the quota specified in paragraph (a)(6)(ii) of this section. Any unused portion of the quota
specified in paragraph (a)(6)(ii) of this section, including any addition of quota specified in
paragraph (a)(6)(i) of this section that was unused, will become void and will not be added to
any subsequent quota.
(7) Gag.
(i)

For the 2023 fishing year—85,326 lb (38,703 kg).

(ii) For the 2024 fishing year—128,096 lb (58,103 kg).
(iii) For the 2025 fishing year—171,687 lb (77,876 kg).
(iv) For the 2026 fishing year—215,051 lb (97,545 kg).
(v) For the 2027 fishing year—259,823 lb (117,854 kg).
(vi) For the 2028 fishing year—306,400 lb (138,981 kg).
(vii) For the 2029 fishing year—353,220 lb (160,218 kg).
(viii) For the 2030 fishing year—397,555 lb (180,328 kg).
(ix) For the 2031 fishing year—437,390 lb (198,397 kg).
(x) For the 2032 and subsequent fishing years—471,966 lb (214,080 kg).
(8) Gray triggerfish.
(i)

For the period January through June each year—156,162 lb (70,834 kg), round weight.

(ii) For the period July through December each year—156,162 lb (70,834 kg), round weight.
(iii) Any unused portion of the quota specified in paragraph (a)(8)(i) of this section will be added to
the quota specified in paragraph (a)(8)(ii) of this section. Any unused portion of the quota
specified in paragraph (a)(8)(ii) of this section, including any addition of quota specified in
paragraph (a)(8)(i) of this section that was unused, will become void and will not be added to
any subsequent quota.
(b) Wreckfish.
(1) The quotas for wreckfish apply to wreckfish shareholders, or their employees, contractors, or agents.
The quotas are given round weight. See § 622.172 for information on the wreckfish shareholder
under the ITQ system.
(i)

For the 2015 fishing year—411,350 lb (186,585 kg).

(ii) For the 2016 fishing year—402,515 (182,578 kg).
(iii) For the 2017 fishing year—393,490 lb (178,484 kg).
(iv) For the 2018 fishing year—385,985 lb (175,080 kg).
(v) For the 2019 fishing year—376,960 lb (170,986 kg).
(vi) For the 2020 and subsequent fishing years—369,645 lb (167,668 kg).
(2) [Reserved]
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50 CFR 622.190(c)

(c) Restrictions applicable after a commercial quota closure —
(1) South Atlantic gag, greater amberjack, snowy grouper, golden tilefish, vermilion snapper, black sea
bass, red porgy, wreckfish, and gray triggerfish.
(i)

The appropriate bag limits specified in § 622.187(b) and the possession limits specified in §
622.187(c) apply to all harvest or possession of the applicable species in or from the South
Atlantic EEZ, and the sale or purchase of the applicable species taken from or possessed in the
EEZ is prohibited. The prohibition on sale/purchase during a closure for the applicable species
does not apply to fish that were harvested, landed ashore, and sold prior to the effective date of
the closure and were held in cold storage by a dealer or processor.

(ii) The bag and possession limits for the applicable species and the prohibition on sale/purchase
apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to
where such species were harvested, i.e., in state or Federal waters.
(2) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 23863 Apr. 23, 2013; 78 FR 47579, Aug. 6, 2013; 78 FR 49195, Aug. 13, 2013];
78 FR 58253, Sept. 23, 2013; 79 FR 66322, Nov. 7, 2014; 80 FR 30953, June 1, 2015; 80 FR 43038, July 21, 2015; 80 FR 48278,
Aug. 12, 2015; 81 FR 3738, Jan. 22, 2016; 83 FR 62512, Dec. 4, 2018; 83 FR 14024, Apr. 9, 2019; 85 FR 4594, Jan. 27, 2020; 87 FR
77747, Dec. 20, 2022; 88 FR 65146, Sept. 21, 2023; 88 FR 65822, Sept. 26, 2023; 88 FR 76701, Nov. 7, 2023; 88 FR 83869, Dec. 1,
2023; 89 FR 277, Jan. 3, 2024]

§ 622.191 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, regardless of where such transfer takes
place, and such species may not be transferred in the EEZ. Commercial trip limits apply as follows (all weights are
round or eviscerated weights unless specified otherwise):
(a) When a vessel fishes on a trip in the South Atlantic EEZ, the vessel trip limits specified in this paragraph
(a) apply, provided persons aboard the vessel are not subject to the bag limits. See § 622.11 and §
622.187(a) for applicability of the bag limits.
(1) Trip-limited permits. A vessel for which a trip-limited permit for South Atlantic snapper-grouper has
been issued is limited to 225 lb (102.1 kg) of snapper-grouper.
(2) Golden tilefish —
(i)

South Atlantic snapper-grouper unlimited permit holders, with a longline endorsement, using
longline gear. Until the quota specified in § 622.190(a)(2)(iii) is reached, 4,000 lb (1,814 kg),
gutted weight; 4,480 lb (2,032 kg), round weight.

(ii) South Atlantic snapper-grouper unlimited permit holders, without a longline endorsement, using
hook-and-line gear. Until the quota specified in § 622.190(a)(2)(ii) is reached, the trip limit for
golden tilefish is 500 lb (227 kg), gutted weight; 560 lb (254 kg), round weight. Vessels that

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50 CFR 622.191(a)(2)(iii)

have valid or renewable golden tilefish longline endorsements any time during the fishing year,
are not eligible to fish for golden tilefish using hook-and-line gear under this 500-lb (227-kg),
gutted weight, trip limit.
(iii) See § 622.190(c)(1) for the limitations regarding golden tilefish after the applicable commercial
quota is reached.
(3) Snowy grouper. Until the quota specified in § 622.190(a)(1) is reached—200 lb (91 kg), gutted weight;
236 lb (107 kg), round weight. See § 622.190(c)(1) for the limitations regarding snowy grouper after
the fishing year quota is reached.
(4) Red porgy. The following commercial trip limits apply until the applicable commercial quota specified
in § 622.190(a)(6) is reached. See § 622.190(c)(1) for the limitations regarding red porgy after the
applicable commercial quota is reached.
(i)

From January 1 through April 30—15 fish.

(ii) From May 1 through December 31—15 fish.
(5) Greater amberjack. Until the applicable commercial quota specified in § 622.190(a)(3) is
reached—1,200 lb (544 kg). See § 622.190(c)(1) for the limitations regarding greater amberjack after
the applicable commercial quota is reached.
(6) Vermilion snapper. Until the applicable commercial quota specified in § 622.190(a)(4) is
reached—1,000 lb (454 kg), gutted weight. See § 622.190(c)(1) for the limitations regarding vermilion
snapper after the applicable commercial quota is reached.
(7) Gag. Until the applicable commercial quota specified § 622.190(a)(7) is reached—300 lb (136 kg),
gutted weight. See § 622.190(c)(1) for the limitations regarding gag after the commercial quota is
reached.
(8) Black sea bass—
(i)

Hook-and-line component.
(A) From January 1 through April 30, until the applicable quota specified in § 622.190(a)(5) is
reached—300 lb (136 kg), gutted weight; 354 lb (161 kg), round weight.
(B) From May 1 through December 31, until the applicable quota specified in § 622.190(a)(5)
is reached—1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight.

(ii) Sea bass pot component. Until the applicable quota specified in § 622.190(a)(5) is
reached—1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight.
(iii) See § 622.190(c)(1) for the limitations regarding black sea bass after the applicable quota is
reached.
(9) Red snapper. Until the commercial ACL specified in § 622.193(y)(1) is reached, 75 lb (34 kg), gutted
weight.
(10) Blueline tilefish. The following commercial trip limits apply until the commercial ACL specified in §
622.193(z)(1)(i) is reached. See § 622.193(z)(1)(i) for the limitations regarding blueline tilefish after
the commercial ACL is reached.
(i)

From January 1 through April 30—100 lb (45 kg), gutted weight; 106 lb (48 kg), round weight.

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50 CFR 622.191(a)(10)(ii)

(ii) From May 1 through December 31—300 lb (136 kg), gutted weight; 318 lb (144 kg), round
weight.
(11) Gray triggerfish. Until the applicable quota specified in either § 622.190(a)(8)(i) or (ii) is reached,
1,000 lb (454 kg), round weight. See § 622.190(c)(1) for the limitations regarding gray triggerfish
after either quota specified in § 622.190(a)(8)(i) or (ii) is reached or projected to be reached.
(12) Hogfish.
(i)

Until the commercial ACL specified in § 622.193(u)(1)(iii)(A) is reached or is projected to be
reached off Georgia, South Carolina, and North Carolina, 500 lb (227 kg), round weight.

(ii) Until the commercial ACL specified in § 622.193(u)(2)(iii)(A) is reached or is projected to be
reached off the Florida Keys and east coast of Florida, and south of 25°09′ N. lat. off the west
coast of Florida, 25 lb (11 kg), round weight.
(iii) See § 622.193(u)(1)(i) or (u)(2)(i) for the limitations regarding hogfish after a commercial ACL
is reached.
(13) Mutton snapper. The following commercial trip limits apply until the applicable commercial ACL in §
622.193(o)(1)(iii) is reached. See § 622.193(o)(1) for the limitations regarding mutton snapper after
the commercial ACL is reached.
(i)

From January 1 through March 31, and July 1 through December 31—500 lb (227 kg), round
weight.

(ii) From April 1 through June 30—5 fish per person per day or 5 fish per person per trip, whichever
is more restrictive.
(14) Other jacks complex (lesser amberjack, almaco jack, and banded rudderfish). Until the commercial
ACL specified in § 622.193(l)(1)(i) is reached—500 lb (227 kg), gutted weight; 520 lb (236 kg), round
weight. See § 622.193(l)(1)(i) for the limitations regarding the other jacks complex after the
commercial ACL is reached.
(15) Red grouper. Until the commercial ACL specified in § 622.193(d)(1)(iii) is reached—200 lb (91 kg),
gutted weight; 236 lb (107 kg), round weight. See § 622.193(d)(1) for the limitations regarding red
grouper after the commercial ACL is reached.
(b) When a vessel fishes for hogfish on a trip in the Gulf EEZ south of 25°09′ N. lat. off the west coast of
Florida, the vessel trip limit specified in paragraph (a)(12)(ii) of this section applies, provided persons
aboard are not subject to the bag limit. See § 622.11(a) and § 622.187(a) for applicability of the bag limit.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 23863 Apr. 23, 2013; 78 FR 44465, July 24, 2013; 78 FR 47579, Aug. 6, 2013; 79
FR 66322, Nov. 7, 2014; 80 FR 16587, Mar. 30, 2015; 80 FR 30953, June 1, 2015; 80 FR 43038, July 21, 2015; 81 FR 32253, May 23,
2016; 81 FR 45248, July 13, 2016; 82 FR 11157, Feb. 21, 2017; 82 FR 34594, July 25, 2017; 83 FR 1309, Jan. 11, 2018; 83 FR
35435, July 26, 2018; 85 FR 4594, Jan. 27, 2020; 85 FR 6828, Feb. 6, 2020; 87 FR 77748, Dec. 20, 2022; 88 FR 65146, Sept. 21,
2023; 88 FR 65823, Sept. 26, 2023; 89 FR 277, Jan. 3, 2024]

§ 622.192 Restrictions on sale/purchase.
The restrictions in this section are in addition to the restrictions on sale/purchase related to quota closures as
specified in § 622.190(c).

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50 CFR 622.192(a)

(a) A South Atlantic snapper-grouper harvested or possessed in the EEZ on board a vessel that does not have
a valid commercial permit for South Atlantic snapper-grouper, as required under § 622.170(a), or a South
Atlantic snapper-grouper harvested in the EEZ and possessed under the bag limits specified in §
622.187(b), may not be sold or purchased. In addition, a South Atlantic snapper-grouper harvested or
possessed by a vessel that is operating as a charter vessel or headboat with a Federal charter vessel/
headboat permit for South Atlantic snapper-grouper may not be sold or purchased regardless of where
harvested, i.e., in state or Federal waters.
(b) South Atlantic snapper-grouper harvested in or from the EEZ or adjoining state waters by a vessel that has
a valid commercial vessel permit for South Atlantic snapper-grouper may be sold or transferred only to a
dealer who has a valid Gulf and South Atlantic dealer permit, as required under § 622.170(c)(1).
(c) South Atlantic snapper-grouper harvested in or from the EEZ may be first received by a dealer who has a
valid Gulf and South Atlantic dealer permit, as required under § 622.170(a), only from a vessel that has a
valid commercial permit for South Atlantic snapper-grouper.
(d) A warsaw grouper or speckled hind in or from the South Atlantic EEZ may not be sold or purchased.
(e) No person may sell or purchase a snowy grouper, gag, golden tilefish, greater amberjack, vermilion
snapper, black sea bass, or red porgy harvested from or possessed in the South Atlantic, i.e., in state or
Federal waters, by a vessel for which a valid Federal commercial permit for South Atlantic snappergrouper has been issued for the remainder of the fishing year after the applicable commercial quota for
that species specified in § 622.190(a) has been reached. The prohibition on sale/purchase during these
periods does not apply to such of the applicable species that were harvested, landed ashore, and sold
prior to the applicable commercial quota being reached and were held in cold storage by a dealer or
processor.
(f) [Reserved]
(g) During April, no person may sell or purchase a greater amberjack harvested from the South Atlantic EEZ
or, if harvested by a vessel for which a valid Federal commercial permit for South Atlantic snapper-grouper
has been issued, harvested from the South Atlantic, i.e., in state or Federal waters. The prohibition on
sale/purchase during April does not apply to greater amberjack that were harvested, landed ashore, and
sold prior to April 1 and were held in cold storage by a dealer or processor. This prohibition also does not
apply to a dealer's purchase or sale of greater amberjack harvested from an area other than the South
Atlantic, provided such fish is accompanied by documentation of harvest outside the South Atlantic. The
requirements for such documentation are specified in paragraph (i) of this section.
(h) During January through April, no person may sell or purchase a gag, black grouper, red grouper, scamp, red
hind, rock hind, yellowmouth grouper, yellowfin grouper, graysby, or coney harvested from or possessed in
the South Atlantic EEZ or, if harvested or possessed by a vessel for which a valid Federal commercial
permit for South Atlantic snapper-grouper has been issued, harvested from the South Atlantic, i.e., in state
or Federal waters. Additionally, in the month of May, no person may sell or purchase South Atlantic red
grouper harvested from or possessed in the South Atlantic EEZ off North Carolina or off South Carolina,
or, if harvested or possessed by a vessel for which a valid Federal commercial permit for South Atlantic
snapper-grouper has been issued, harvested in or from the EEZ or state waters off North Carolina or off
South Carolina. The prohibitions on sale and purchase during January through May do not apply to such
species that were harvested, landed ashore, and sold prior to January 1 and were held in cold storage by a
dealer or processor. These prohibitions also do not apply to a dealer's purchase or sale of such species

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50 CFR 622.192(i)

harvested from an area other than the South Atlantic, provided such fish are accompanied by
documentation of harvest outside the South Atlantic. The requirements for such documentation are
specified in paragraph (i) of this section.
(i)

The documentation supporting a dealer's purchase or sale of applicable species during the times
specified in paragraphs (f) through (h) of this section must contain:
(1) The information specified in part 300, subpart K, of this title for marking containers or packages of
fish or wildlife that are imported, exported, or transported in interstate commerce;
(2) The official number, name, and home port of the vessel harvesting the applicable species;
(3) The port and date of offloading from the vessel harvesting the applicable species; and
(4) A statement signed by the dealer attesting that the applicable species was harvested from an area
other than the South Atlantic.

(j)

No person may sell or purchase a red snapper harvested from or possessed in the South Atlantic, i.e.,
state or Federal waters, by a vessel for which a Federal commercial vessel permit for South Atlantic
snapper-grouper has been issued, except if NMFS determines a limited commercial fishing season for red
snapper is allowable, as specified in § 622.183(b)(5).

(k) Snapper-grouper possessed pursuant to the bag and possession limits specified in § 622.187(a)(3) may
not be sold or purchased.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 44465, July 24, 2013; 79 FR 19495, Apr. 9, 2014; 80 FR 80689, Dec. 28, 2015;
85 FR 6828, Feb. 6, 2020; 85 FR 73643, Nov. 19, 2020]

§ 622.193 Annual catch limits (ACLs) and accountability measures (AMs).
(a) Golden tilefish —
(1) Commercial sector —
(i)

Hook-and-line component. If commercial hook-and-line landings for golden tilefish, as
estimated by the SRD, reach or are projected to reach the commercial ACL (commercial quota)
specified in § 622.190(a)(2)(ii), the AA will file a notification with the Office of the Federal
Register to close the hook-and-line component of the commercial sector for the remainder of
the fishing year. Applicable restrictions after a commercial quota closure are specified in §
622.190(c).

(ii) Longline component. If commercial longline landings for golden tilefish, as estimated by the
SRD, reach or are projected to reach the longline commercial ACL (commercial quota) specified
in § 622.190(a)(2)(iii), the AA will file a notification with the Office of the Federal Register to
close the longline component of the commercial sector for the remainder of the fishing year.
After the commercial ACL for the longline component is reached or projected to be reached,
golden tilefish may not be fished for or possessed by a vessel with a golden tilefish longline
endorsement. Applicable restrictions after a commercial quota closure are specified in §
622.190(c).
(iii) If all commercial landings of golden tilefish, as estimated by the SRD, exceed the commercial
ACL (including both the hook-and-line and longline component quotas) specified in §
622.190(a)(2)(i), and the combined commercial and recreational ACL specified in paragraph
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50 CFR 622.193(a)(2)

(a)(3) of this section is exceeded during the same fishing year, and golden tilefish are
overfished based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file
a notification with the Office of the Federal Register to reduce the commercial ACL for that
following fishing year by the amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector. The recreational ACL for golden tilefish is 2,559 fish for the 2023 fishing year;
2,635 fish for the 2024 fishing year; 2,694 for the 2025 fishing year; 2,741 fish for the 2026 and
subsequent fishing years. NMFS will project the length of the recreational fishing season based on
catch rates from the previous fishing year and when NMFS projects the recreational ACL specified in
this paragraph (a)(2) is expected to be met, and annually announce the recreational fishing season
end date in the FEDERAL REGISTER. On and after the effective date of the recreational closure
notification, the bag and possession limit for golden tilefish in or from the South Atlantic EEZ is zero.
(3) Combined commercial and recreational ACL. The combined commercial and recreational ACL is
435,000 lb (197,313 kg), gutted weight, for the 2023 fishing year; 448,000 lb (203,209 kg), gutted
weight, for the 2024 fishing year; 458,000 lb (207,745 kg), gutted weight, for the 2025 fishing year;
and 466,000 lb (211,374 kg), gutted weight, for the 2026 and subsequent fishing years.
(b) Snowy grouper —
(1) Commercial sector.
(i)

If commercial landings of snowy grouper, as estimated by the SRD, reach or are projected to
reach the commercial ACL that is equal to the commercial quota specified in § 622.190(a)(1),
the AA will file a notification with the Office of the Federal Register to close the commercial
sector for the remainder of the fishing year. Applicable restrictions after a commercial quota
closure are specified in § 622.190(c).

(ii) If commercial landings of snowy grouper, as estimated by the SRD, exceed the commercial ACL,
and the combined commercial and recreational ACL specified in paragraph (b)(3) of this
section is exceeded, and snowy grouper are overfished based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification with the Office of the Federal
Register to reduce the commercial ACL for that following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

The recreational ACL for snowy grouper is 1,668 fish for 2023; 1,691 fish for 2024; and 1,713
fish for 2025 and subsequent fishing years.

(ii) If recreational landings for snowy grouper exceed the recreational ACL specified in paragraph
(b)(2)(i) of this section, then during the following fishing year NMFS will reduce the length of the
recreational fishing season by the amount necessary to prevent recreational landings from
exceeding the recreational ACL in the following fishing year. NMFS will use the best scientific
information available to determine if reducing the length of the recreational fishing season is
necessary. When the recreational sector for snowy grouper is closed as a result of NMFS
reducing the length of the recreational fishing season, the bag and possession limits for snowy
grouper harvested in or from the South Atlantic EEZ are zero.
(3) Total ACL. The combined commercial and recreational ACL for snowy grouper in gutted weight is
119,654 lb (54,274 kg) for 2023; 121,272 lb (55,008 kg) for 2024; and 122,889 lb (55,741 kg) for 2025
and subsequent fishing years.
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50 CFR 622.193(c)

(c) Gag —
(1) Commercial sector.
(i)

If commercial landings for gag, as estimated by the SRD, reach or are projected to reach the
commercial ACL (commercial quota) specified in § 622.190(a)(7), the AA will file a notification
with the Office of the Federal Register to close the commercial sector for gag for the remainder
of the fishing year. Applicable restrictions after a commercial quota closure are specified in §
622.190(c).

(ii) If the commercial landings for gag, as estimated by the SRD, exceed the commercial ACL
specified in § 622.190(a)(7), and the combined commercial and recreational ACL specified in
paragraph (c)(3) of this section, is exceeded during the same fishing year, and gag are
overfished based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file
a notification with the Office of the Federal Register to reduce the commercial ACL for that
following fishing year by the amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for gag, as estimated by the SRD, reach or are projected to reach the
recreational ACL, 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 regardless if the stock is overfished,
unless NMFS determines that no closure is necessary based on the best scientific information
available. On and after the effective date of such notification, the bag and possession limits for
gag in or from the South Atlantic EEZ are zero. The recreational ACL for gag is 90,306 lb (40,962
kg), gutted weight, for 2023; 133,075 lb (60,362 kg), gutted weight, for 2024; 176,665 lb (80,134
kg), gutted weight, for 2025; 220,030 lb (99,804 kg), gutted weight, for 2026; 264,802 lb
(120,112 kg), gutted weight, for 2027; 311,378 lb (141,239 kg), gutted weight, for 2028; 358,199
lb (162,476 kg), gutted weight, for 2029; 402,533 lb (182,586 kg), gutted weight, for 2030;
442,368 lb (200,655 kg), gutted weight, for 2031; 476,945 lb (216,339 kg), gutted weight, for
2032 and subsequent years.

(ii) If recreational landings, as estimated by the SRD, exceed the recreational ACL specified in
paragraph (c)(2)(i) of this section, then during the following fishing year, the AA will file a
notification with the Office of the Federal Register to reduce the length of the recreational
fishing season by the amount necessary to prevent the recreational ACL from being exceeded.
NMFS will use the best scientific information available to determine if reducing the length of the
recreational fishing season is necessary. When the recreational sector is closed as a result of
NMFS reducing the length of the recreational fishing season, the bag and possession limits for
gag in or from the South Atlantic EEZ are zero.
(3) Combined commercial and recreational ACL. The combined commercial and recreational ACL for gag
is 175,632 lb (79,665 kg), gutted weight, for 2023; 261,171 lb (118,465 kg), gutted weight, for 2024;
348,352 lb (158,010 kg), gutted weight, for 2025; 435,081 lb (192,349 kg), gutted weight, for 2026;
524,625 lb (237,965 kg), gutted weight, for 2027; 617,778 lb (280,219 kg), gutted weight, for 2028;
711,419 lb (322,694 kg), gutted weight, for 2029; 800,088 lb (362,914 kg), gutted weight, for 2030;
879,758 lb (399,052 kg), gutted weight, for 2031; 948,911 lb (430,419 kg), gutted weight, for 2032
and subsequent years.
(d) Red grouper —
(1) Commercial sector.
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50 CFR Part 622 (up to date as of 7/01/2024)
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(i)

50 CFR 622.193(d)(1)(i)

If commercial landings for red grouper, as estimated by the SRD, reach or are projected to reach
the commercial ACL, specified in paragraph (d)(1)(iii) of this section, the AA will file a
notification with the Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. On and after the effective date of such a notification, all sale or
purchase of red grouper is prohibited and harvest or possession of red grouper in or from the
South Atlantic EEZ is limited to the bag and possession limits. These bag and possession limits
apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to
where such species were harvested, i.e., in state or Federal waters.

(ii) If the commercial landings for red grouper, as estimated by the SRD, exceed the commercial
ACL, specified in paragraph (d)(1)(iii) of this section, and the combined commercial and
recreational ACL, specified in paragraph (d)(3) of this section, is exceeded during the same
fishing year, and the species is overfished based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the Office of the Federal Register to
reduce the commercial ACL in the following fishing year by the amount of the commercial ACL
overage in the prior fishing year.
(iii) The commercial ACL for red grouper is 61,160 lb (27,742 kg), round weight, for 2018; 66,000 lb
(29,937 kg), round weight, for 2019; and 71,280 lb (32,332 kg), round weight, for 2020 and
subsequent fishing years.
(2) Recreational sector.
(i)

If recreational landings for red grouper, as estimated by the SRD, are projected to reach the
recreational ACL, 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 regardless if the stock is overfished,
unless NMFS determines that no closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the bag and possession limits
for red grouper in or from the South Atlantic EEZ are zero.

(ii) The recreational ACL for red grouper is 77,840 lb (35,308 kg), round weight, for 2018; 84,000 lb
(38,102 kg), round weight, for 2019; and 90,720 lb (41,150 kg), round weight, for 2020 and
subsequent fishing years.
(iii) If recreational landings for red grouper, as estimated by the SRD, exceed the recreational ACL,
specified in paragraph (d)(2)(ii) of this section, then during the following fishing year
recreational landings will be monitored for a persistence in increased landings, and if
necessary, the AA will file a notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and the recreational ACL by the amount of the
recreational ACL overage, if the species is overfished based on the most recent Status of U.S.
Fisheries Report to Congress, and if the combined commercial and recreational ACL, specified
in paragraph (d)(3) of this section, is exceeded during the same fishing year. The AA will use the
best scientific information available to determine if reducing the length of the recreational
season and recreational ACL is necessary. When the recreational sector is closed as a result of
NMFS reducing the length of the recreational fishing season and ACL, the bag and possession
limits for red grouper in or from the South Atlantic EEZ are zero.
(3) The combined commercial and recreational ACL for red grouper is 139,000 lb (63,049 kg), round
weight, for 2018; 150,000 lb (68,039 kg), round weight, for 2019; and 162,000 lb (73,482 kg), round
weight, for 2020 and subsequent fishing years.
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50 CFR 622.193(e)

(e) Black sea bass —
(1) Commercial sector.
(i)

If commercial landings, as estimated by the SRD, reach or are projected to reach the quota
specified in § 622.190(a)(5), the AA will file a notification with the Office of the Federal Register
to close the commercial sector for the remainder of the fishing year.

(ii) If commercial landings exceed the quota specified in § 622.190(a)(5), 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 overage in the prior
fishing year, unless the SRD determines that no overage is necessary based on the best
scientific information available.
(2) Recreational sector. The recreational ACL for black sea bass is 848,455 lb (384,853 kg), gutted
weight, 1,001,177 lb (454,126 kg), round weight for the 2018-2019 fishing year; 367,119 lb (166,522
kg), gutted weight, 433,200 lb (196,496 kg), round weight for the 2019-2020 fishing year; 323,161 lb
(146,583 kg), gutted weight, 381,330 lb (172,968 kg), round weight, for the 2020-2021 fishing year;
and 310,602 lb (140,887 kg), gutted weight, 366,510 lb (166,246 kg), round weight, for the 2021-2022
and subsequent fishing years. NMFS will project the length of the recreational fishing season based
on when NMFS projects the recreational ACL specified in this paragraph is expected to be met and
announce the recreational fishing season end date in the FEDERAL REGISTER prior to the start of the
recreational fishing year on April 1. On and after the effective date of the recreational closure
notification, the bag and possession limit for black sea bass in or from the South Atlantic EEZ is
zero. This bag and possession limit applies in the South Atlantic on board a vessel for which a valid
Federal charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without
regard to where such species were harvested, i.e. in state or Federal waters.
(f) Vermilion snapper —
(1) Commercial sector. If commercial landings, as estimated by the SRD, reach or are projected to reach
the applicable commercial ACL (commercial quota) specified in § 622.190(a)(4)(i) or (ii), the AA will
file a notification with the Office of the Federal Register to close the commercial sector for that
portion of the fishing year applicable to the respective quota.
(2) Recreational sector.
(i)

If recreational landings, as estimated by the SRD, reach or are projected to reach the applicable
recreational ACL specified in paragraph (f)(2)(iv) of this section the AA will file a notification
with the Office of the Federal Register to close the recreational sector for vermilion snapper for
the remainder of the fishing year. On and after the effective date of such notification, the bag
and possession limit for vermilion snapper in or from the South Atlantic EEZ is zero. This bag
and possession limit also applies in the South Atlantic on board a vessel for which a valid
Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, without regard to where such species were harvested, i.e., in state or Federal
waters.

(ii) If the combined vermilion snapper commercial and recreational landings exceed the combined
vermilion snapper ACLs specified in paragraphs (f)(1) and (f)(2)(iv) of this section, and
vermilion snapper are overfished, based on the most recent Status of U.S. Fisheries Report to

50 CFR 622.193(f)(2)(ii) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
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50 CFR 622.193(f)(2)(iii)

Congress, 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 ACL for that following year by
the amount of the recreational overage in the prior fishing year.
(iii) Recreational landings will be evaluated relative to the ACL based on a moving multi-year
average of landings, as described in the FMP.
(iv) The recreational ACL for vermilion snapper is 455,207 lb (206,478 kg), gutted weight, 505,280 lb
(229,191 kg), round weight, for the 2019 fishing year; 426,090 lb (193,271 kg), gutted weight,
472,960 lb (214,531 kg), round weight, for the 2020 fishing year; 405,910 lb (184,118 kg), gutted
weight, 450,560 lb (204,552 kg), round weight, for the 2021 fishing year; 392,649 lb (178,103
kg), gutted weight, 435,840 lb (197,694 kg), round weight, for the 2022 fishing year; and 385,520
lb (174,869 kg), gutted weight, 427,520 lb (193,920 kg), round weight, for the 2023 and
subsequent fishing years.
(g) Black grouper —
(1) Commercial sector.
(i)

If commercial landings for black grouper, as estimated by the SRD, reach or are projected to
reach the commercial ACL of 96,844 lb (43,928 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the commercial sector for the remainder of the
fishing year. On and after the effective date of such a notification, all sale or purchase of black
grouper is prohibited and harvest or possession of black grouper in or from the South Atlantic
EEZ is limited to the bag and possession limits. These bag and possession limits apply in the
South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, without regard to where
such species were harvested, i.e., in state or Federal waters.

(ii) If commercial landings for black grouper, as estimated by the SRD, exceed the commercial ACL,
and the combined commercial and recreational ACL of 262,594 lb (119,111 kg), round weight, is
exceeded during the same fishing year, and the species is overfished based on the most recent
Status of U.S. Fisheries Report to Congress, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL for that following fishing year by the amount of
the commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for black grouper, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 165,750 lb (75,183 kg), round weight, and the AA determines that
a closure is necessary by using the best scientific information available, 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 regardless if the stock is overfished, unless NMFS determines that
no closure is necessary based on the best scientific information available. On and after the
effective date of such a notification, the bag and possession limits for black grouper in or from
the South Atlantic EEZ are zero.

(ii) If recreational landings for black grouper, as estimated by the SRD, exceed the recreational ACL,
then during the following fishing year recreational landings will be monitored for a persistence
in increased landings, and if necessary, the AA will file a notification with the Office of the
Federal Register to reduce the length of the recreational fishing season and the recreational
ACL by the amount of the recreational ACL overage, if black grouper are overfished based on
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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.193(h)

the most recent Status of U.S. Fisheries Report to Congress, and if the combined commercial
and recreational ACL of 262,594 lb (119,111 kg), round weight, is exceeded during the same
fishing year. NMFS will use the best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is necessary. When the
recreational sector is closed as a result of NMFS reducing the length of the recreational fishing
season and ACL, the bag and possession limits for black grouper in or from the South Atlantic
EEZ are zero.
(h) Deep-water complex (including yellowedge grouper, silk snapper, misty grouper, queen snapper, sand
tilefish, and blackfin snapper) —
(1) Commercial sector —
(i)

If commercial landings for the deep-water complex, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 131,268 lb (59,542 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. On and after the effective date of such a notification, all sale or
purchase of deep-water complex species is prohibited and harvest or possession of these
species in or from the South Atlantic EEZ is limited to the bag and possession limits. These bag
and possession limits apply in the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been
issued, without regard to where such species were harvested, i.e., in state or Federal waters.

(ii) If commercial landings exceed the ACL, and the combined commercial and recreational ACL of
169,896 lb (77,064 kg), round weight, is exceeded, and at least one of the species in the deepwater complex is overfished, based on the most recent Status of U.S. Fisheries Report to
Congress, 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 commercial ACL for that following year by
the amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for the deep-water complex, as estimated by the SRD, are projected to
reach the recreational ACL of 38,628 lb (17,521 kg), round weight, 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, unless the RA determines that no closure is necessary based on the best scientific
information available. On and after the effective date of such a notification, the bag and
possession limits are zero.

(ii) If recreational landings for the deep-water complex, exceed the applicable recreational ACL, and
the combined commercial and recreational ACL of 169,896 lb (77,064 kg), round weight, is
exceeded, and at least one of the species in the deep-water complex is overfished, based on the
most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification with the
Office of the Federal Register, to reduce the length of the recreational fishing season in the
following fishing year to ensure recreational landings do not exceed the recreational ACL the
following fishing year. When NMFS reduces the length of the following recreational fishing
season and closes the recreational sector, the following closure provisions apply: The bag and
possession limits for the deep-water complex in or from the South Atlantic EEZ are zero.

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.193(i)

Additionally, the recreational ACL will be reduced by the amount of the recreational ACL
overage in the prior fishing year. The fishing season and recreational ACL will not be reduced if
the RA determines, using the best scientific information available that no reduction is
necessary.
(i)

Scamp —
(1) Commercial sector.
(i)

If commercial landings for scamp, as estimated by the SRD, reach or are projected to reach the
commercial ACL of 219,375 lb (99,507 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the remainder of the fishing
year. On and after the effective date of such a notification, all sale or purchase of scamp is
prohibited and harvest or possession of scamp in or from the South Atlantic EEZ is limited to
the bag and possession limits. These bag and possession limits apply in the South Atlantic on
board a vessel for which a valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, without regard to where such species were
harvested, i.e., in state or Federal waters.

(ii) If commercial landings for scamp, as estimated by the SRD, exceed the commercial ACL, and
the combined commercial and recreational ACL of 335,744 lb (152,291 kg), round weight, is
exceeded, and scamp are overfished based on the most recent Status of U.S. Fisheries Report
to Congress, the AA will file a notification with the Office of the Federal Register to reduce the
commercial ACL for that following fishing year by the amount of the commercial ACL overage
in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for scamp, as estimated by the SRD, reach or are projected to reach the
recreational ACL of 116,369 lb (52,784 kg), round weight, 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 regardless if the stock is overfished, unless NMFS determines that no closure is necessary
based on the best scientific information available. On and after the effective date of such a
notification, the bag and possession limits for scamp in or from the South Atlantic EEZ are zero.

(ii) If recreational landings for scamp, as estimated by the SRD, exceed the recreational ACL, then
during the following fishing year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification with the Office of the Federal
Register to reduce the length of the recreational fishing season and the recreational ACL by the
amount of the recreational ACL overage, if scamp are overfished based on the most recent
Status of U.S. Fisheries Report to Congress, and if the combined commercial and recreational
ACL of 335,744 lb (152,291 kg), round weight, is exceeded during the same fishing year. NMFS
will use the best scientific information available to determine if reducing the length of the
recreational fishing season and recreational ACL is necessary. When the recreational sector is
closed as a result of NMFS reducing the length of the recreational fishing season and ACL, the
bag and possession limits for scamp in or from the South Atlantic EEZ are zero.
(j)

Other SASWG combined (including red hind, rock hind, yellowmouth grouper, yellowfin grouper, coney, and
graysby) —
(1) Commercial sector.

50 CFR 622.193(j)(1) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

(i)

50 CFR 622.193(j)(1)(i)

If commercial landings for other SASWG combined, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 55,542 lb (25,193 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close the commercial sector for this
complex for the remainder of the fishing year. On and after the effective date of such a
notification, all sale or purchase of red hind, rock hind, yellowmouth grouper, yellowfin grouper,
coney, and graysby is prohibited, and harvest or possession of any of these species in or from
the South Atlantic EEZ is limited to the bag and possession limits. These bag and possession
limits apply in the South Atlantic on board a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without
regard to where such species were harvested, i.e., in state or Federal waters.

(ii) If commercial landings for other SASWG combined, as estimated by the SRD, exceed the
commercial ACL, and the combined commercial and recreational ACL of 104,190 lb (47,260 kg),
round weight, is exceeded, and at least one of the species in other SASWG combined is
overfished based on the most recent status of U.S. Fisheries Report to Congress, the AA will file
a notification with the Office of the Federal Register to reduce the commercial ACL for that
following fishing year by the amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for other SASWG combined, as estimated by the SRD, reach or are
projected to reach the recreational ACL of 48,648 lb (22,066 kg), round weight, 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 regardless if any stock in other SASWG combined is overfished,
unless NMFS determines that no closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the bag and possession limits
for any species in the other SASWG combined in or from the South Atlantic EEZ are zero.

(ii) If recreational landings for other SASWG combined, as estimated by the SRD, exceed the
recreational ACL, then during the following fishing year recreational landings will be monitored
for a persistence in increased landings, and if necessary, the AA will file a notification with the
Office of the Federal Register to reduce the length of the recreational fishing season and the
recreational ACL by the amount of the recreational ACL overage, if at least one of the species in
other SASWG combined is overfished based on the most recent Status of U.S. Fisheries Report
to Congress, and if the combined commercial and recreational ACL of 104,190 lb (47,260 kg) is
exceeded during the same fishing year. NMFS will use the best scientific information available
to determine if reducing the length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS reducing the length of
the recreational fishing season and ACL, the bag and possession limits for any species in the
other SASWG combined in or from the South Atlantic EEZ are zero.
(k) Greater amberjack —
(1) Commercial sector.
(i)

If commercial landings for greater amberjack, as estimated by the SRD, reach or are projected
to reach the applicable commercial ACL (commercial quota) specified in § 622.190(a)(3), the
AA will file a notification with the Office of the Federal Register to close the commercial sector
for that portion of the fishing year applicable to the respective quota. Applicable restrictions
after a commercial quota closure are specified in § 622.190(c).

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50 CFR 622.193(k)(1)(ii)

(ii) If commercial landings for greater amberjack, as estimated by the SRD, exceed the commercial
ACL, and the combined commercial and recreational ACL as specified in paragraph (k)(3) of
this section is exceeded during the same fishing year, and the species is overfished based on
the most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification with
the Office of the Federal Register to reduce the commercial ACL in the following fishing year by
the amount of the commercial ACL overage in the prior fishing year. The total commercial ACL
is 1,088,029 lb (493,522 kg), gutted weight, for the 2023-2024 fishing year; 948,365 lb (430,171
kg), gutted weight, for the 2024-2025 fishing year; 908,317 lb (412,006 kg), gutted weight, for
the 2025-2026 fishing year; and 898,221 lb (407,426 kg), gutted weight, for the 2026-2027 and
subsequent fishing years.
(2) Recreational sector.
(i)

If recreational landings for greater amberjack, as estimated by the SRD, reach or are projected
to reach the recreational ACL, 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 regardless of
whether the stock is overfished, unless NMFS determines that no closure is necessary based
on the best scientific information available. On and after the effective date of such a
notification, the bag and possession limits for greater amberjack in or from the South Atlantic
EEZ are zero. The recreational ACL is 2,101,450 lb (953,202 kg), round weight, for the
2023-2024 fishing year; 1,831,700 lb (830,845 kg), round weight, for the 2024-2025 fishing year;
1,754,350 lb (795,760 kg), round weight, for the 2025-2026 fishing year; and 1,734,850 lb
(786,915 kg), round weight, for the 2026-2027 and subsequent fishing years.

(ii) If recreational landings for greater amberjack, as estimated by the SRD, exceed the recreational
ACL, then during the following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a notification with the Office
of the Federal Register to reduce the length of the recreational fishing season and recreational
ACL by the amount of the recreational ACL overage, if the species is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the combined commercial and
recreational ACL specified in paragraph (k)(3) of this section, is exceeded during the same
fishing year. The AA will use the best scientific information available to determine if reducing
the length of the recreational season and recreational ACL is necessary. When the recreational
sector is closed as a result of NMFS reducing the length of the recreational fishing season and
ACL, the bag and possession limits for greater amberjack in or from the South Atlantic EEZ are
zero.
(3) Combined commercial and recreational ACLs. The combined commercial and recreational ACL for
greater amberjack is 3,233,000 lb (1,466,464 kg), round weight, for the 2023-2024 fishing year;
2,818,000 lb (1,278,223 kg), round weight, for the 2024-2025 fishing year; 2,699,000 lb (1,224,246 kg),
round weight, for the 2025-2026 fishing year; and 2,669,000 lb (1,210,638 kg), round weight, for the
2026-2027 and subsequent fishing years.
(l)

Other jacks complex (including lesser amberjack, almaco jack, and banded rudderfish, combined) —
(1) Commercial sector.
(i)

If commercial landings for the other jacks complex, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 189,422 lb (85,920 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close the commercial sector for the other
jacks complex for the remainder of the fishing year. On and after the effective date of such a

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50 CFR 622.193(l)(1)(ii)

notification, all sale or purchase of lesser amberjack, almaco jack, and banded rudderfish is
prohibited, and harvest or possession of any of these species in or from the South Atlantic EEZ
is limited to the bag and possession limits. These bag and possession limits apply in the South
Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, without regard to where such
species were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for the other jacks complex, as estimated by the SRD, exceed the
commercial ACL, and the combined commercial and recreational ACL of 457,221 lb (207,392
kg), round weight, is exceeded, and at least one of the species in the other jacks complex is
overfished based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file
a notification with the Office of the Federal Register to reduce the commercial ACL for that
following fishing year by the amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for the other jacks complex, as estimated by the SRD, reach or are
projected to reach the recreational ACL of 267,799 lb (121,472 kg), round weight, 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 regardless if any stock in the other jacks complex is overfished,
unless NMFS determines that no closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the bag and possession limits
for any species in the other jacks complex in or from the South Atlantic EEZ are zero.

(ii) If recreational landings for the other jacks complex, as estimated by the SRD, exceed the
recreational ACL, then during the following fishing year recreational landings will be monitored
for a persistence in increased landings, and if necessary, the AA will file a notification with the
Office of the Federal Register to reduce the length of the recreational fishing season and the
recreational ACL by the amount of the recreational ACL overage, if at least one of the species in
the other jacks complex is overfished based on the most recent Status of U.S. Fisheries Report
to Congress, and if the combined commercial and recreational ACL of 457,221 lb (207,392 kg),
round weight, is exceeded during the same fishing year. NMFS will use the best scientific
information available to determine if reducing the length of the recreational fishing season and
recreational ACL is necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag and possession limits
for any species in the other jacks complex in or from the South Atlantic EEZ are zero.
(m) Bar jack —
(1) Commercial sector.
(i)

If commercial landings for bar jack, as estimated by the SRD, reach or are projected to reach the
commercial ACL of 13,228 lb (6,000 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the remainder of the fishing
year. On and after the effective date of such a notification, all sale or purchase of bar jack is
prohibited and harvest or possession of bar jack in or from the South Atlantic EEZ is limited to
the bag and possession limits. These bag and possession limits apply in the South Atlantic on
board a vessel for which a valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, without regard to where such species were
harvested, i.e., in state or Federal waters.

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50 CFR 622.193(m)(1)(ii)

(ii) If commercial landings for bar jack, as estimated by the SRD, exceed the commercial ACL, and
the combined commercial and recreational ACL of 62,249 lb (28,236 kg), round weight, is
exceeded, and bar jack are overfished based on the most recent Status of U.S. Fisheries Report
to Congress, the AA will file a notification with the Office of the Federal Register to reduce the
commercial ACL for that following fishing year by the amount of the commercial ACL overage
in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for bar jack, as estimated by the SRD, reach or are projected to reach the
recreational ACL of 49,021 lb (22,236 kg), round weight, 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 regardless if the stock is overfished, unless NMFS determines that no closure is necessary
based on the best scientific information available. On and after the effective date of such a
notification, the bag and possession limits for bar jack in or from the South Atlantic EEZ are
zero.

(ii) If recreational landings for bar jack, as estimated by the SRD, exceed the recreational ACL, then
during the following fishing year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification with the Office of the Federal
Register to reduce the length of the recreational fishing season and the recreational ACL by the
amount of the recreational ACL overage, if bar jack are overfished based on the most recent
Status of U.S. Fisheries Report to Congress, and if the combined commercial and recreational
ACL of 62,249 lb (28,236 kg), round weight, is exceeded during the same fishing year. NMFS will
use the best scientific information available to determine if reducing the length of the
recreational fishing season and recreational ACL is necessary. When the recreational sector is
closed as a result of NMFS reducing the length of the recreational fishing season and ACL, the
bag and possession limits for bar jack in or from the South Atlantic EEZ are zero.
(n) Yellowtail snapper —
(1) Commercial sector.
(i)

If commercial landings for yellowtail snapper, as estimated by the SRD, reach or are projected to
reach the commercial ACL of 1,596,510 lb (724,165 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. On and after the effective date of such a notification, all sale or
purchase of yellowtail snapper is prohibited and harvest or possession of yellowtail snapper in
or from the South Atlantic EEZ is limited to the bag and possession limits. These bag and
possession limits apply in the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been
issued, without regard to where such species were harvested, i.e., in state or Federal waters.

(ii) If commercial landings for yellowtail snapper, as estimated by the SRD, exceed the commercial
ACL, and the combined commercial and recreational ACL of 3,037,500 lb (1,377,787 kg), round
weight, is exceeded during the same fishing year, and yellowtail snapper are overfished based
on the most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register to reduce the commercial ACL for that following fishing
year by the amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector.
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(i)

50 CFR 622.193(n)(2)(i)

If recreational landings for yellowtail snapper, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 1,440,990 lb (653,622 kg), round weight, 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 regardless if the stock is overfished, unless NMFS determines that
no closure is necessary based on the best scientific information available. On and after the
effective date of such a notification, the bag and possession limits for yellowtail snapper in or
from the South Atlantic EEZ are zero.

(ii) If recreational landings for yellowtail snapper, as estimated by the SRD, exceed the recreational
ACL, then during the following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a notification with the Office
of the Federal Register to reduce the length of the recreational fishing season and the
recreational ACL by the amount of the recreational ACL overage, if the species is overfished
based on the most recent Status of U.S. Fisheries Report to Congress, and if the combined
commercial and recreational ACL of 3,037,500 lb (1,377,787 kg), round weight, is exceeded
during the same fishing year. The AA will use the best scientific information available to
determine if reducing the length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS reducing the length of
the recreational fishing season and ACL, the bag and possession limits for yellowtail snapper in
or from the South Atlantic EEZ are zero.
(o) Mutton snapper —
(1) Commercial sector.
(i)

If commercial landings for mutton snapper, as estimated by the SRD, reach or are projected to
reach the applicable commercial ACL specified in paragraph (o)(1)(iii) of this section, the AA
will file a notification with the Office of the Federal Register to close the commercial sector for
the remainder of the fishing year. On and after the effective date of such a notification, all sale
or purchase of mutton snapper is prohibited and harvest or possession of mutton snapper in or
from the South Atlantic EEZ is limited to the bag and possession limits. These bag and
possession limits apply in the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been
issued, without regard to where such species were harvested, i.e., in state or Federal waters.

(ii) If commercial landings for mutton snapper, as estimated by the SRD, exceed the applicable
commercial ACL specified in paragraph (o)(1)(iii) of this section, and the applicable combined
commercial and recreational ACL specified in paragraph (o)(3) of this section is exceeded
during the same fishing year, and the species is overfished based on the most recent Status of
U.S. Fisheries Report to Congress, the AA will file a notification with the Office of the Federal
Register to reduce the commercial ACL in the following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(iii) The commercial ACLs for the following fishing years are given in round weight. For
2017—100,015 lb (45,366 kg); for 2018—104,231 lb (47,278 kg); for 2019—107,981 lb (48,979
kg); for 2020 and subsequent fishing years—111,354 lb (50,509 kg).
(2) Recreational sector.
(i)

If recreational landings for mutton snapper, as estimated by the SRD, reach or are projected to
reach the applicable recreational ACL specified in paragraph (o)(2)(iii) of this section, the AA
will file a notification with the Office of the Federal Register to close the recreational sector for

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50 CFR 622.193(o)(2)(ii)

the remainder of the fishing year regardless if the stock is overfished, unless NMFS determines
that no closure is necessary based on the best scientific information available. On and after the
effective date of such a notification, the bag and possession limits for mutton snapper in or
from the South Atlantic EEZ are zero.
(ii) If recreational landings for mutton snapper, as estimated by the SRD, exceed the applicable
recreational ACL specified in paragraph (o)(2)(iii) of this section, then during the following
fishing year recreational landings will be monitored for a persistence in increased landings, and
if necessary, the AA will file a notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and the recreational ACL by the amount of the
recreational ACL overage, if the species is overfished based on the most recent Status of U.S.
Fisheries Report to Congress, and if the applicable combined commercial and recreational ACL
specified in paragraph (o)(3) of this section is exceeded during the same fishing year. NMFS
will use the best scientific information available to determine if reducing the length of the
recreational fishing season and recreational ACL is necessary. When the recreational sector is
closed as a result of NMFS reducing the length of the recreational fishing season and ACL, the
bag and possession limits for mutton snapper in or from the South Atlantic EEZ are zero.
(iii) The recreational ACLs for the following fishing years are given in numbers of fish. For
2017—116,127; for 2018—121,318; for 2019—124,766; for 2020 and subsequent fishing
years—127,115.
(3) Combined commercial and recreational ACL. The combined commercial and recreational ACLs for
the following fishing years are given in round weight. For 2017—587,633 lb (266,546 kg); for
2018—612,401 lb (277,780 kg); for 2019—634,435 lb (287,775 kg); for 2020 and subsequent fishing
years—654,257 lb (296,766 kg).
(p) Other snappers complex (including cubera snapper, gray snapper, and lane snapper) —
(1) Commercial sector —
(i)

If commercial landings for the other snappers complex, as estimated by the SRD, reach or are
projected to reach the complex commercial ACL of 344,575 lb (156,297 kg), round weight, the
AA will file a notification with the Office of the Federal Register, to close the commercial sector
for this complex for the remainder of the fishing year. On and after the effective date of such a
notification, all sale or purchase of cubera snapper, gray snapper, and lane snapper is
prohibited, and harvest or possession of any of these species in or from the South Atlantic EEZ
is limited to the bag and possession limits. These bag and possession limits apply in the South
Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, without regard to where such
species were harvested, i.e., in state or Federal waters.

(ii) If commercial landings for the other snappers complex, as estimated by the SRD, exceed the
commercial ACL, and the combined commercial and recreational ACL of 1,513,883 lb (686,686
kg), round weight, is exceeded, and at least one of the species in the other snappers complex is
overfished, based on the most recent Status of U.S. Fisheries Report to Congress, the AA will
file a notification with the Office of the Federal Register to reduce the commercial ACL for that
following year by the amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector —

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(i)

50 CFR 622.193(p)(2)(i)

If recreational landings for the other snappers complex, as estimated by the SRD, reach or are
projected to reach the recreational ACL of 1,169,308 lb (530,391 kg), round weight, 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 regardless if any stock in the other snappers complex is
overfished, unless NMFS determines that no closure is necessary based on the best scientific
information available. On and after the effective date of such a notification, the bag and
possession limits for any species in the other snappers complex in or from the South Atlantic
EEZ are zero.

(ii) If recreational landings for the other snappers complex, as estimated by the SRD, exceed the
recreational ACL, then during the following fishing year, recreational landings will be monitored
for a persistence in increased landings, and if necessary, the AA will file a notification with the
Office of the Federal Register, to reduce the length of the recreational fishing season and the
recreational ACL by the amount of the recreational ACL overage, if at least one of the species in
the other snappers complex is overfished based on the most recent Status of U.S. Fisheries
Report to Congress, and the combined commercial and recreational ACL of 1,513,883 lb
(686,686 kg), round weight, is exceeded during the same fishing year. NMFS will use the best
scientific information available to determine if reducing the length of the recreational fishing
season and recreational ACL is necessary. When the recreational sector is closed as a result of
NMFS reducing the length of the recreational fishing season and the ACL, the bag and
possession limits for any species in the other snappers complex in or from the South Atlantic
EEZ are zero.
(q) Gray triggerfish —
(1) Commercial sector.
(i)

If commercial landings for gray triggerfish, as estimated by the SRD, reach or are projected to
reach the commercial ACL (commercial quota) specified in § 622.190(a)(8)(i) or (ii), the AA will
file a notification with the Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. Applicable restrictions after a commercial quota closure are
specified in § 622.190(c).

(ii) If commercial landings for gray triggerfish, as estimated by the SRD, exceed the commercial
ACL, and the combined commercial and recreational ACL of 716,999 lb (325,225 kg), round
weight, is exceeded, and gray triggerfish are overfished based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification with the Office of the Federal
Register to reduce the commercial ACL for that following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for gray triggerfish, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 404,675 lb (183,557 kg), round weight, 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 regardless if the stock is overfished, unless NMFS determines that
no closure is necessary based on the best scientific information available. On and after the
effective date of such a notification, the bag and possession limits for gray triggerfish in or
from the South Atlantic EEZ are zero.

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50 CFR 622.193(q)(2)(ii)

(ii) If recreational landings for gray triggerfish, as estimated by the SRD, exceed the recreational
ACL, then during the following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a notification with the Office
of the Federal Register to reduce the length of the recreational fishing season and the
recreational ACL by the amount of the recreational ACL overage, if gray triggerfish are
overfished based on the most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL of 716,999 lb (325,225 kg), round weight, is
exceeded during the same fishing year. NMFS will use the best scientific information available
to determine if reducing the length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS reducing the length of
the recreational fishing season and ACL, the bag and possession limits for gray triggerfish in or
from the South Atlantic EEZ are zero.
(r) Wreckfish —
(1) Commercial sector.
(i)

The ITQ program for wreckfish in the South Atlantic serves as the accountability measures for
commercial wreckfish. The commercial ACL for wreckfish is equal to the commercial quota
specified in § 622.190(b). Applicable restrictions after a commercial quota closure are
specified in § 622.190(c).

(ii) The combined commercial and recreational ACL for wreckfish is 433,000 lb (196,405 kg), round
weight, for 2015; 423,700 lb (192,187 kg), round weight, for 2016; 414,200 lb (187,878 kg),
round weight, for 2017; 406,300 lb (184,295 kg), round weight, for 2018; 396,800 lb (179,985
kg), round weight, for 2019; and 389,100 lb (176,493 kg), round weight, for 2020 and
subsequent fishing years.
(2) Recreational sector.
(i)

If recreational landings for wreckfish, as estimated by the SRD, reach or are projected to reach
the recreational ACL specified in § 622.193(r)(2)(iii), 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
regardless if the stock is overfished, unless NMFS determines that no closure is necessary
based on the best scientific information available. On and after the effective date of such a
notification, the bag and possession limits for wreckfish in or from the South Atlantic EEZ are
zero.

(ii) If recreational landings for wreckfish, as estimated by the SRD, exceed the recreational ACL,
then during the following fishing year recreational landings will be monitored for a persistence
in increased landings, and if necessary, the AA will file a notification with the Office of the
Federal Register to reduce the length of the recreational fishing season and the recreational
ACL by the amount of the recreational ACL overage, if the species is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the combined commercial and
recreational ACL specified in § 622.193(r)(1)(ii) is exceeded during the same fishing year. The
AA will use the best scientific information available to determine if reducing the length of the
recreational fishing season and recreational ACL is necessary. When the recreational sector is
closed as a result of NMFS reducing the length of the recreational fishing season and ACL, the
bag and possession limits for wreckfish in or from the South Atlantic EEZ are zero.

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50 CFR 622.193(r)(2)(iii)

(iii) The recreational ACL for wreckfish is 21,650 lb (9,820 kg), round weight, for 2015; 21,185 lb
(9,609 kg), round weight, for 2016; 20,710 lb (9,394 kg), round weight, for 2017; 20,315 lb (9,215
kg), round weight, for 2018; 19,840 lb (8,999 kg), round weight, for 2019; and 19,455 lb (8,825
kg), round weight, for 2020 and subsequent fishing years.
(s) [Reserved]
(t) Atlantic spadefish —
(1) Commercial sector.
(i)

If commercial landings for Atlantic spadefish, as estimated by the SRD, reach or are projected to
reach the commercial ACL of 150,552 lb (68,289 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the commercial sector for the remainder of the
fishing year. On and after the effective date of such a notification, all sale or purchase of
Atlantic spadefish is prohibited and harvest or possession of Atlantic spadefish in or from the
South Atlantic EEZ is limited to the bag and possession limits. These bag and possession limits
apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to
where such species were harvested, i.e., in state or Federal waters.

(ii) If commercial landings for Atlantic spadefish, as estimated by the SRD, exceed the ACL, and the
combined commercial and recreational ACL of 812,478 lb (368,534 kg), round weight, is
exceeded, and Atlantic spadefish are overfished based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification with the Office of the Federal
Register to reduce the commercial ACL for that following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for Atlantic spadefish, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 661,926 lb (300,245 kg), round weight, 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 regardless if the stock is overfished, unless NMFS determines that
no closure is necessary based on the best scientific information available. On and after the
effective date of such a notification, the bag and possession limits for Atlantic spadefish in or
from the South Atlantic EEZ are zero.

(ii) If recreational landings for Atlantic spadefish, as estimated by the SRD, exceed the recreational
ACL, then during the following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a notification with the Office
of the Federal Register to reduce the length of the recreational fishing season and the
recreational ACL by the amount of the recreational ACL overage, if Atlantic spadefish are
overfished based on the most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL of 812,478 lb (368,534 kg), round weight, is
exceeded during the same fishing year. NMFS will use the best scientific information available
to determine if reducing the length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS reducing the length of
the recreational fishing season and ACL, the bag and possession limits for Atlantic spadefish in
or from the South Atlantic EEZ are zero.
(u) Hogfish —
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50 CFR 622.193(u)(1)

(1) Hogfish off Georgia, South Carolina, and North Carolina (Georgia-North Carolina) —
(i)

Commercial sector.
(A) If commercial landings for the Georgia-North Carolina hogfish stock, as estimated by the
SRD, reach or are projected to reach the commercial ACL specified in paragraph
(u)(1)(iii)(A) of this section, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for the remainder of the fishing year. On and after
the effective date of such a notification, all sale or purchase of hogfish in or from the
South Atlantic EEZ off Georgia, South Carolina, and North Carolina is prohibited, and
harvest or possession of this species is limited to the bag and possession limits. These
bag and possession limits apply to the Georgia-North Carolina hogfish stock on board a
vessel for which a valid Federal commercial or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, without regard to where such species were
harvested, i.e., in state or Federal waters.
(B) If commercial landings for the Georgia-North Carolina hogfish stock, as estimated by the
SRD, exceed the commercial ACL specified in paragraph (u)(1)(iii)(A) of this section, and
the combined commercial and recreational ACL specified in paragraph (u)(1)(iii)(C) of this
section is exceeded during the same fishing year, and the Georgia-North Carolina hogfish
stock is overfished based on the most recent Status of U.S. Fisheries Report to Congress,
the AA will file a notification with the Office of the Federal Register to reduce the
commercial ACL for the stock in the following fishing year by the amount of the
commercial ACL overage in the prior fishing year.

(ii) Recreational sector.
(A) If recreational landings for the Georgia-North Carolina hogfish stock, as estimated by the
SRD, reach or are projected to reach the recreational ACL specified in paragraph
(u)(1)(iii)(B) 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 regardless if
the stock is overfished, unless NMFS determines that no closure is necessary based on
the best scientific information available. On and after the effective date of such a
notification, the bag and possession limits for hogfish in or from the South Atlantic EEZ off
Georgia, South Carolina, and North Carolina are zero.
(B) If recreational landings for the Georgia-North Carolina hogfish stock, as estimated by the
SRD, exceed the recreational ACL specified in paragraph (u)(1)(iii)(B) of this section, then
during the following fishing year recreational landings will be monitored for a persistence
in increased landings. If necessary, the AA will file a notification with the Office of the
Federal Register to reduce the length of the following recreational fishing season and
recreational ACL in the following fishing year by the amount of the recreational ACL
overage if the Georgia-North Carolina hogfish stock is overfished, based on the most
recent Status of U.S. Fisheries Report to Congress, and the combined commercial and
recreational ACL is exceeded during the same fishing year to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. NMFS will use the best
scientific information available to determine if reducing the length of the recreational
fishing season and recreational ACL is necessary. When a recreational sector is closed as
a result of NMFS reducing the length of the following recreational fishing season and ACL,
the bag and possession limits for hogfish in or from the South Atlantic EEZ off Georgia,
South Carolina, and North Carolina are zero.
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50 CFR 622.193(u)(1)(iii)

(iii) ACLs for the Georgia-North Carolina stock. This stock includes hogfish off Georgia, South
Carolina, and North Carolina. All weights are given in round weight.
(A) Commercial ACL —23,456 lb (10,639 kg).
(B) Recreational ACL —988 fish.
(C) The combined commercial and recreational ACL for the Georgia-North Carolina hogfish
stock is 33,930 lb (15,390 kg).
(2) Hogfish off the Florida Keys and east coast of Florida, and south of 25°09′ N. lat. off the west coast of
Florida (Florida Keys-East Florida) —
(i)

Commercial sector.
(A) If commercial landings for the Florida Keys-East Florida hogfish stock, as estimated by the
SRD, reach or are projected to reach the applicable commercial ACL specified in paragraph
(u)(2)(iii)(A) of this section, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for the remainder of the fishing year. On and after
the effective date of such a notification, all sale or purchase of hogfish in or from the EEZ
off the Florida Keys and east coast of Florida, and south of 25°09′ N. lat. off the west
coast of Florida is prohibited, and harvest or possession of this species is limited to the
bag and possession limits. These bag and possession limits apply for this hogfish stock
on board a vessel for which a valid Federal commercial or charter vessel/headboat permit
for South Atlantic snapper-grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(B) If commercial landings for the Florida Keys-East Florida hogfish stock, as estimated by the
SRD, exceed the applicable commercial ACL specified in paragraph (u)(2)(iii)(A) of this
section, and the applicable combined commercial and recreational ACL specified in
paragraph (u)(2)(iii)(C) of this section is exceeded during the same fishing year, and the
stock is overfished based on the most recent Status of U.S. Fisheries Report to Congress,
the AA will file a notification with the Office of the Federal Register to reduce the
commercial ACL for the stock in the following fishing year by the amount of the applicable
commercial ACL overage in the prior fishing year.

(ii) Recreational sector.
(A) If recreational landings for the Florida Keys-East Florida hogfish stock, as estimated by the
SRD, reach or are projected to reach the applicable recreational ACL specified in paragraph
(u)(2)(iii)(B) 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 regardless if
the stock is overfished, unless NMFS determines that no closure is necessary based on
the best scientific information available. On and after the effective date of such a
notification, the bag and possession limits for hogfish in or from the EEZ off the Florida
Keys and east coast of Florida, and south of 25°09′ N. lat. off the west coast of Florida are
zero.
(B) If recreational landings for the Florida Keys-East Florida hogfish stock, as estimated by the
SRD, exceed the applicable recreational ACL specified in paragraph (u)(2)(iii)(B) of this
section, then during the following fishing year recreational landings will be monitored for a
persistence in increased landings. If necessary, the AA will file a notification with the
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50 CFR 622.193(u)(2)(iii)

Office of the Federal Register to reduce the length of the following applicable recreational
fishing season and recreational ACL in the following fishing year by the amount of the
recreational ACL overage if the Florida Keys-East Florida hogfish stock is overfished,
based on the most recent Status of U.S. Fisheries Report to Congress, and the applicable
combined commercial and recreational ACL is exceeded during the same fishing year to
ensure recreational landings do not exceed the recreational ACL in the following fishing
year. NMFS will use the best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is necessary. When a
recreational sector is closed as a result of NMFS reducing the length of the following
recreational fishing season and ACL, the bag and possession limits for hogfish in or from
the EEZ off the Florida Keys and east coast of Florida, and south of 25°09′ N. lat. off the
west coast of Florida are zero.
(iii) ACLs for the Florida Keys-East Florida stock. This stock includes hogfish off the Florida Keys
and east coast of Florida, and south of 25°09′ N. lat. off the west coast of Florida.

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50 CFR 622.193(u)(2)(iii)(A)

(A) Commercial ACL. See the following table. All weights are given in round weight.
Year

Commercial ACL

2017

3,510 lb (1,592 kg).

2018

4,524 lb (2,052 kg).

2019

5,670 lb (2,572 kg).

2020

6,926 lb (3,142 kg).

2021

8,277 lb (3,754 kg).

2022

9,703 lb (4,401 kg).

2023

11,179 lb (5,071 kg).

2024

12,677 lb (5,750 kg).

2025

14,167 lb (6,426 kg).

2026

15,621 lb (7,086 kg).

2027

17,018 lb (7,719 kg).

(B) Recreational ACL. See the following table. The recreational ACL is in numbers of fish.
Year

Recreational ACL

2017

15,689

2018

18,617

2019

21,574

2020

25,086

2021

29,096

2022

33,358

2023

37,671

2024

41,934

2025

46,046

2026

49,949

2027

53,610

(C) Combined commercial and recreational ACL. See the following table. The combined
commercial and recreational ACL is in numbers of fish.
Year

Combined commercial and
recreational ACL

2017

17,034

2018

20,350

2019

23,746

2020

27,740

2021

32,267

2022

37,076

2023

41,954

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Year

50 CFR 622.193(v)

Combined commercial and
recreational ACL

2024

46,791

2025

51,474

2026

55,934

2027

60,130

(v) Red porgy —
(1) Commercial sector.
(i)

If commercial landings for red porgy, as estimated by the SRD, reach or are projected to reach
the commercial ACL (commercial quota) specified in § 622.190(a)(6), the AA will file a
notification with the Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. Applicable restrictions after a commercial quota closure are
specified in § 622.190(c).

(ii) If commercial landings for red porgy, as estimated by the SRD, exceed the commercial ACL, and
the combined commercial and recreational ACL as specified in paragraph (v)(3) of this section,
is exceeded during the same fishing year, and red porgy are overfished based on the most
recent Status of U.S. Fisheries Report to Congress, the AA will file a notification with the Office
of the Federal Register to reduce the commercial ACL in the following fishing year by the
amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for red porgy, as estimated by the SRD, exceed the recreational ACL
specified in paragraph (v)(2)(ii) of this section, then during the following fishing year, the AA will
file a notification with the Office of the Federal Register to reduce the length of the recreational
fishing season by the amount necessary to ensure recreational landings do not exceed the
recreational ACL. However, the length of the recreational fishing season will not be reduced in
the following fishing year if NMFS determines, using the best scientific information available,
that no fishing season reduction is necessary. When the recreational sector is closed as a result
of NMFS reducing the length of the recreational fishing season, the bag and possession limits
for red porgy in or from the South Atlantic EEZ are zero.

(ii) The recreational ACL for red porgy is 35,026 lb (15,888 kg), gutted weight, for the 2022 fishing
year; 37,829 lb (17,139 kg), gutted weight, for 2023 fishing year; 40,631 lb (18,430 kg), gutted
weight, for the 2024 fishing year; 42,499 lb (19,277 kg), gutted weight, for the 2025 fishing year;
and 44,367 lb (20,125 kg), gutted weight, for the 2026 and subsequent fishing years.
(3) Combined commercial and recreational ACLs. The combined commercial and recreational ACL for
red porgy is 72,115 lb (32,711 kg), gutted weight, 75,000 lb (34,019 kg), round weight, for the 2022
fishing year; 77,885 lb (35,328 kg), gutted weight, 81,000 lb (36,741 kg), round weight, for 2023
fishing year; 83,654 lb (37,945 kg), gutted weight, 87,000 lb (39,463 kg), round weight, for the 2024
fishing year; 87,500 lb (39,689 kg), gutted weight, 91,000 lb (41,277 kg), round weight, for the 2025
fishing year; and 91,346 lb (41,434 kg), gutted weight, 95,000 lb (43,091 kg), round weight, for the
2026 and subsequent fishing years.
(w) Other porgies complex (including jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye
porgy) —
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50 CFR 622.193(w)(1)

(1) Commercial sector.
(i)

If commercial landings for the other porgies complex, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 36,348 lb (16,487 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close the commercial sector for the other
porgies complex for the remainder of the fishing year. On and after the effective date of such a
notification, all sale or purchase of jolthead porgy, knobbed porgy, whitebone porgy, scup, and
saucereye porgy is prohibited, and harvest or possession of any of these species in or from the
South Atlantic EEZ is limited to the bag and possession limits. These bag and possession limits
apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to
where such species were harvested, i.e., in state or Federal waters.

(ii) If commercial landings for the other porgies complex, as estimated by the SRD, exceed the
commercial ACL, and the combined commercial and recreational ACL of 143,262 lb (64,983 kg),
round weight, is exceeded, and at least one of the species in the complex is overfished based
on the most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register to reduce the commercial ACL for that following fishing
year by the amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for the other porgies complex, as estimated by the SRD, reach or are
projected to reach the recreational ACL of 106,914 lb (48,495 kg), round weight, 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 regardless if any stock in the other porgies complex is overfished,
unless NMFS determines that no closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the bag and possession limits
for any species in the other porgies complex in or from the South Atlantic EEZ are zero.

(ii) If recreational landings for the other porgies complex, as estimated by the SRD, exceed the
recreational ACL, then during the following fishing year recreational landings will be monitored
for a persistence in increased landings, and if necessary, the AA will file a notification with the
Office of the Federal Register to reduce the length of the recreational fishing season and the
recreational ACL by the amount of the recreational ACL overage, if one of the species in the
complex is overfished based on the most recent Status of U.S. Fisheries Report to Congress,
and if the combined commercial and recreational ACL of 143,262 lb (64,983 kg), round weight,
is exceeded during the same fishing year. NMFS will use the best scientific information
available to determine if reducing the length of the recreational fishing season and recreational
ACL is necessary. When the recreational sector is closed as a result of NMFS reducing the
length of the recreational fishing season and ACL, the bag and possession limits for any
species in the other porgies complex in or from the South Atlantic EEZ are zero.
(x) Grunts complex (including white grunt, sailor's choice, tomtate, and margate) —
(1) Commercial sector.
(i)

If commercial landings for the grunts complex, as estimated by the SRD, reach or are projected
to reach the commercial ACL of 217,903 lb (98,839 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close the commercial sector for this
complex for the remainder of the fishing year. On and after the effective date of such a
notification, all sale or purchase of white grunt, sailor's choice, tomtate, and margate is

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50 CFR 622.193(x)(1)(ii)

prohibited, and harvest or possession of these species in or from the South Atlantic EEZ is
limited to the bag and possession limits. These bag and possession limits apply in the South
Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, without regard to where such
species were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for the grunts complex, as estimated by the SRD, exceed the
commercial ACL, and the combined commercial and recreational ACL of 836,025 lb (379,215
kg), round weight, and at least one of the species in the complex is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, 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
commercial ACL for that following fishing year by the amount of the commercial ACL overage
in the prior fishing year.
(2) Recreational sector.
(i)

If recreational landings for the grunts complex, as estimated by the SRD, reach or are projected
to reach the recreational ACL of 618,122 lb (280,375 kg), round weight, 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 regardless if any stock in the grunts complex is overfished, unless
NMFS determines that no closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the bag and possession limits
for any species in the grunts complex in or from the South Atlantic EEZ are zero.

(ii) If recreational landings for the grunts complex, as estimated by the SRD, exceed the
recreational ACL, then during the following fishing year recreational landings will be monitored
for a persistence in increased landings, and if necessary, the AA will file a notification with the
Office of the Federal Register to reduce the length of the recreational fishing season and the
recreational ACL by the amount of the recreational ACL overage, if at least one of the species in
the grunts complex is overfished based on the most recent Status of U.S. Fisheries Report to
Congress, and if the combined commercial and recreational ACL of 836,025 lb (379,215 kg),
round weight, is exceeded during the same fishing year. NMFS will use the best scientific
information available to determine if reducing the length of the recreational fishing season and
recreational ACL is necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag and possession limits
for any species in the grunts complex in or from the South Atlantic EEZ are zero.
(y) Red snapper —
(1) Commercial sector. The commercial ACL for red snapper is 124,815 lb (56,615 kg), round weight. See
§ 622.183(b)(5) for details on the commercial fishing season. NMFS will monitor commercial
landings during the season, and if commercial landings, as estimated by the SRD, reach or are
projected to reach the commercial ACL, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for red snapper for the remainder of the year. On and after
the effective date of the closure notification, all sale or purchase of red snapper is prohibited and
harvest or possession of red snapper is limited to the recreational bag and possession limits and
only during such time as harvest by the recreational sector is allowed as described in §
622.183(b)(5). This bag and possession limit and the prohibition on sale/purchase apply in the
South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, without regard to where such species
were harvested or possessed, i.e., in state or Federal waters.
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50 CFR 622.193(y)(2)

(2) Recreational sector. The recreational ACL for red snapper is 29,656 fish. The AA will file a notification
with the Office of the Federal Register to announce the length of the recreational fishing season for
the current fishing year. The length of the recreational fishing season for red snapper serves as the
in-season accountability measure. See § 622.183(b)(5) for details on the recreational fishing season.
On and after the effective date of the recreational closure notification, the bag and possession limits
for red snapper are zero.
(z) Blueline tilefish —
(1) Commercial sector.
(i)

If commercial landings for blueline tilefish, as estimated by the SRD, reach or are projected to
reach the commercial ACL of 117,148 lb (53,137 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the commercial sector for the remainder of the
fishing year. On and after the effective date of such a notification, all sale or purchase of
blueline tilefish is prohibited and harvest or possession of blueline tilefish in or from the South
Atlantic EEZ is limited to the bag and possession limits. These bag and possession limits apply
in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, without regard to where
such species were harvested, i.e., in state or Federal waters.

(ii) If commercial landings exceed the ACL, and the combined commercial and recreational ACL
(total ACL) specified in paragraph (z)(3) of this section, is exceeded, and blueline tilefish is
overfished, based on the most recent Status of U.S. Fisheries Report to Congress, 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 commercial ACL for that following year by the amount of the
commercial ACL overage in the prior fishing year.
(2) Recreational sector. The recreational ACL for blueline tilefish is 116,820 lb (52,989 kg), round weight.
NMFS will project the length of the recreational fishing season based on catch rates from the
previous fishing year and when NMFS projects the recreational ACL specified in this paragraph (z)(2)
is expected to be met, and annually announce the recreational fishing season end date in the FEDERAL
REGISTER. On and after the effective date of the recreational closure notification, the bag and
possession limit for blueline tilefish in or from the South Atlantic EEZ is zero.
(3) The combined commercial and recreational sector ACL (total ACL) is 233,968 lb (106,126 kg), round
weight.
(aa) Red snapper —
(1) Commercial sector. The commercial ACL for red snapper is 85,268 lb (38,677 kg), round weight. See
§ 622.183(b)(5) for details on the commercial fishing season. NMFS will monitor commercial
landings during the season, and if commercial landings, as estimated by the SRD, reach or are
projected to reach the commercial ACL, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for red snapper for the remainder of the year. On and after
the effective date of the closure notification, all sale or purchase of red snapper is prohibited and
harvest or possession of red snapper is limited to the recreational bag and possession limits and
only during such time as harvest by the recreational sector is allowed as described in §
622.183(b)(5). This bag and possession limit and the prohibition on sale/purchase apply in the
South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, without regard to where such species
were harvested or possessed, i.e., in state or Federal waters.
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50 CFR 622.193(aa)(2)

(2) Recreational sector. The recreational ACL for red snapper is 21,167 fish. The AA will file a notification
with the Office of the Federal Register to announce the length of the recreational fishing season for
the current fishing year. The length of the recreational fishing season for red snapper serves as the
in-season accountability measure. See § 622.183(b)(5) for details on the recreational fishing season.
On and after the effective date of the recreational closure notification, the bag and possession limits
for red snapper are zero.
[78 FR 22952, Apr. 17, 2013]

Editorial Note: For FEDERAL REGISTER citations affecting § 622.193, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 622.194 Adjustment of management measures.
In accordance with the framework procedures of the FMP for the Snapper-Grouper Fishery of the South Atlantic
Region, the RA may establish or modify the items specified in paragraph (a) of this section for South Atlantic
snapper-grouper and wreckfish, or paragraph (b) of this section for sea turtles and other protected species.
(a) Biomass levels, age-structured analyses, target dates for rebuilding overfished species, maximum
sustainable yield (or its proxy), optimum yield, acceptable biological catch, total allowable catch, quotas
(including a quota of zero), annual catch limits, annual catch targets, accountability measures, maximum
fishing mortality threshold, minimum stock size threshold, trip limits, bag limits, size limits, gear
restrictions (ranging from regulation to complete prohibition), seasonal or area closures, fishing year,
rebuilding plans, definitions of essential fish habitat (EFH), establishment of or modifications to EFH
habitat areas of particular concern (HAPCs) or coral HAPCs, restrictions on gear and fishing activities
applicable in EFH and EFH HAPCs, establish or modify spawning SMZs, and allow transfer of the
unharvested total or sector ACL to the following fishing year.
(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 78 FR 23863 Apr. 23, 2013; 82 FR 29776, June 30, 2017; 84 FR 67238, Dec. 9, 2019;
89 FR 276, Jan. 3, 2024]

Subpart J—Shrimp Fishery of the South Atlantic Region
§ 622.200 Permits.
(a) Commercial vessel permits —
(1) South Atlantic penaeid shrimp. For a person aboard a trawler to fish for penaeid shrimp in the South
Atlantic EEZ or possess penaeid shrimp in or from the South Atlantic EEZ, a valid commercial vessel
permit for South Atlantic penaeid shrimp must have been issued to the vessel and must be on board.
(2) South Atlantic rock shrimp.
(i)

For a person aboard a vessel to fish for rock shrimp in the South Atlantic EEZ off North Carolina
or off South Carolina or possess rock shrimp in or from the South Atlantic EEZ off those states,
a Commercial Vessel Permit for Rock Shrimp (Carolinas Zone) or a Commercial Vessel Permit
for Rock Shrimp (South Atlantic EEZ) must be issued to the vessel and must be on board.

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50 CFR 622.200(a)(2)(ii)

(ii) For a person aboard a vessel to fish for rock shrimp in the South Atlantic EEZ off Georgia or off
Florida or possess rock shrimp in or from the South Atlantic EEZ off those states, a Commercial
Vessel Permit for Rock Shrimp (South Atlantic EEZ) must be issued to the vessel and must be
on board. A Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) is a limited access
permit. See § 622.201 for limitations on the issuance, transfer, or renewal of a Commercial
Vessel Permit for Rock Shrimp (South Atlantic EEZ).
(b) Operator permits.
(1) An operator of a vessel that has or is required to have a Commercial Vessel Permit for Rock Shrimp
(Carolinas Zone) or a Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) issued under
this section is required to have an operator permit.
(2) A person required to have an operator permit under paragraph (b)(1) of this section must carry on
board such permit and one other form of personal identification that includes a picture (driver's
license, passport, etc.).
(3) An owner of a vessel that is required to have a permitted operator under paragraph (b)(1) of this
section must ensure that at least one person with a valid operator permit is aboard while the vessel
is at sea or offloading.
(4) An owner of a vessel that is required to have a permitted operator under paragraph (b)(1) of this
section and the operator of such vessel are responsible for ensuring that a person whose operator
permit is suspended, revoked, or modified pursuant to subpart D of 15 CFR part 904 is not aboard
that vessel.
(c) Dealer permits and conditions —
(1) Permits. For a dealer to first receive South Atlantic rock shrimp harvested in or from the EEZ, a Gulf
and South Atlantic dealer permit must be issued to the dealer.
(2) State license and facility requirements. To obtain a dealer permit, the applicant must have a valid
state wholesaler's license in the state(s) where the dealer operates, if required by such state(s), and
must have a physical facility at a fixed location in such state(s).
(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 at 79 FR 19495, Apr. 9, 2014]

§ 622.201 South Atlantic rock shrimp limited access.
(a) Commercial Vessel Permits for Rock Shrimp (South Atlantic EEZ). For a person aboard a vessel to fish for
rock shrimp in the South Atlantic EEZ off Georgia or off Florida or possess rock shrimp in or from the
South Atlantic EEZ off those states, a Commercial Permit for Rock Shrimp (South Atlantic EEZ) must be
issued to the vessel and must be on board. No applications for additional Commercial Vessel Permits for
Rock Shrimp (South Atlantic EEZ) will be accepted.
(b) Transfer of an existing permit. A Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) is valid
only for the vessel and owner named on the permit. To change either the vessel or the owner, a complete
application for transfer must be submitted to the RA. An owner of a vessel with a permit may request that
the RA transfer a valid permit to another vessel owned by the same entity, to the same vessel owned by
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50 CFR 622.201(c)

another entity, or to another vessel with another owner. A transfer of a permit under this paragraph will
include the transfer of the vessel's entire catch history of South Atlantic rock shrimp to a new owner; no
partial transfers are allowed.
(c) Renewal. The RA will not reissue a Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ) if the
permit is revoked or if the RA does not receive an application for renewal of the permit within 1 year after
the expiration date of the permit.
(d) Limitation on permits. A vessel for which a permit for South Atlantic rock shrimp is required may be issued
either a Commercial Vessel Permit for Rock Shrimp (Carolinas Zone) or a Commercial Vessel Permit for
Rock Shrimp (South Atlantic EEZ), depending on its eligibility. However, no such vessel may be issued
both permits for the same period of effectiveness.

§ 622.202 [Reserved]
§ 622.203 Recordkeeping and reporting.
(a) Commercial vessel owners and operators —
(1) Reporting requirement. The owner or operator of a vessel that fishes for shrimp in the South Atlantic
EEZ or in adjoining state waters, or that lands shrimp in an adjoining state, must provide information
for any fishing trip, as requested by the SRD, including, but not limited to, vessel identification, gear,
effort, amount of shrimp caught by species, shrimp condition (heads on/heads off), fishing areas
and depths, and person to whom sold.
(2) Reporting deadline. Completed fishing records required by paragraphs (a)(1) of this section must be
submitted to the SRD postmarked not later than 7 days after the end of each fishing trip. If no fishing
occurred during a calendar month, a report so stating must be submitted on one of the forms
postmarked not later than 7 days after the end of that month. Information to be reported is indicated
on the form and its accompanying instructions.
(b) South Atlantic rock shrimp dealers.
(1) A dealer who first receives South Atlantic rock shrimp must maintain records and submit information
as specified in § 622.5(c).
(2) On demand, a dealer who has been issued a Gulf and South Atlantic dealer permit, as required under
§ 622.200(c)(1), must make available to an authorized officer all records of offloadings, purchases,
or sales of rock shrimp.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19495, Apr. 9, 2014]

§ 622.204 At-sea observer coverage.
(a) Required coverage. A vessel for which a Federal commercial permit for South Atlantic rock shrimp or
South Atlantic penaeid shrimp has been issued must carry a NMFS-approved observer, if the vessel's trip
is selected by the SRD for observer coverage.
(b) Notification to the SRD. When observer 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).
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50 CFR 622.204(c)

(c) Observer accommodations and access. 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 duties.
(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon
request to determine the vessel's position.
(4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins,
weight scales, holds, and any other space used to hold, process, weigh, or store fish.
(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.

§ 622.205 Vessel monitoring systems (VMSs).
(a) VMS requirement for South Atlantic rock shrimp. An owner or operator of a vessel that has been issued a
limited access endorsement for South Atlantic rock shrimp (until January 27, 2010) or a Commercial
Vessel Permit for Rock Shrimp (South Atlantic EEZ) must ensure that such vessel has an operating VMS
approved by NMFS for use in the South Atlantic rock shrimp fishery on board when on a trip in the South
Atlantic. An operating VMS includes an operating mobile transmitting unit on the vessel and a functioning
communication link between the unit and NMFS as provided by a NMFS-approved communication service
provider.
(b) Installation and activation of a VMS. Only a VMS that has been approved by NMFS for the South Atlantic
rock shrimp fishery may be used, and the VMS must be installed by a qualified marine electrician. When
installing and activating 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 activation checklist for the
applicable fishery, which is available from NMFS Office for Law Enforcement, Southeast Region, 263
13th Avenue South, St. Petersburg, 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 compliance 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 available from
NMFS Office for Law Enforcement, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701; phone: 800-758-4833.
(c) Interference with the VMS. No person may interfere with, tamper with, alter, damage, disable, or impede
the operation of the VMS, or attempt any of the same.
(d) Interruption of operation of the VMS. When a vessel's VMS is not operating properly, the owner or operator
must immediately contact NMFS Office for Law Enforcement, Southeast Region, 263 13th Avenue South,
St. Petersburg, FL 33701, phone: 800-758-4833, and follow instructions from that office. If notified by
NMFS that a vessel's VMS is not operating properly, the owner and operator must follow instructions from
that office. In either event, such instructions may include, but are not limited to, manually communicating
to a location designated by NMFS the vessel's positions or returning to port until the VMS is operable.
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50 CFR 622.205(e)

(e) Access to position data. As a condition of authorized fishing for or possession of fish in a fishery subject
to VMS requirements in this section, a vessel owner or operator subject to the requirements for a VMS in
this section must allow NMFS, the USCG, and their authorized officers and designees access to the
vessel's position data obtained from the VMS.

§ 622.206 Area and seasonal closures.
(a) South Atlantic shrimp cold weather closure.
(1) Pursuant to the procedures and criteria established in the FMP for the Shrimp Fishery of the South
Atlantic Region, when Florida, Georgia, North Carolina, or South Carolina closes all or a portion of its
waters of the South Atlantic to the harvest of brown, pink, and white shrimp, the Assistant
Administrator may concurrently close the South Atlantic EEZ adjacent to the closed state waters by
filing a notification of closure with the Office of the Federal Register. Closure of the adjacent EEZ will
be effective until the ending date of the closure in state waters, but may be ended earlier based on
the state's request. In the latter case, the Assistant Administrator will terminate a closure of the EEZ
by filing a notification to that effect with the Office of the Federal Register.
(2) During a closure, as specified in paragraph (a)(1) of this section—
(i)

No person may trawl for brown shrimp, pink shrimp, or white shrimp in the closed portion of the
EEZ (closed area); and no person may possess on board a fishing vessel brown shrimp, pink
shrimp, or white shrimp in or from a closed area, except as authorized in paragraph (a)(2)(iii) of
this section.

(ii) No person aboard a vessel trawling in that part of a closed area that is within 25 nm of the
baseline from which the territorial sea is measured may use or have on board a trawl net with a
mesh size less than 4 inches (10.2 cm), as measured between the centers of opposite knots
when pulled taut.
(iii) Brown shrimp, pink shrimp, or white shrimp may be possessed on board a fishing vessel in a
closed area, provided the vessel is in transit and that the shrimp fishing gear with trawl nets
having a mesh size less than 4 inches (10.2 cm), as measured between the centers of opposite
knots when pulled taut, is appropriately stowed. For the purposes of this paragraph (a), transit
means a non-stop progression through a closed area and appropriately stowed means trawl
doors out of the water and in the rack/cradle on deck, the nets must be out of the water and in
the rigging and tied down, and any try net must be on deck.
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 85 FR 67310, Oct. 22, 2020]

§ 622.207 Bycatch Reduction Device (BRD) requirements.
(a) BRD requirement for South Atlantic shrimp. On a shrimp trawler in the South Atlantic EEZ, each net that is
rigged for fishing must have a BRD installed that is listed in paragraph (a)(3) of this section and is
certified or provisionally certified for the area in which the shrimp trawler is located, unless exempted as
specified in paragraphs (a)(1)(i) through (iii) of this section. A trawl net is rigged for fishing if it is in the
water, or if it is shackled, tied, or otherwise connected to a sled, door, or other device that spreads the net,
or to a tow rope, cable, pole, or extension, either on board or attached to a shrimp trawler.

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50 CFR 622.207(a)(1)

(1) Exemptions from BRD requirement --(i) Try net exemption. A shrimp trawler is exempt from the
requirement to have a certified or provisionally certified BRD installed in a single try net with a
headrope length of 16 ft (4.9 m) or less provided the single try net is either placed immediately in
front of another net or is not connected to another net.
(ii) Roller trawl exemption. A shrimp trawler is exempt from the requirement to have a certified or
provisionally certified BRD installed in up to two rigid-frame roller trawls that are 16 ft (4.9 m) or
less in length used or possessed on board. A rigid-frame roller trawl is a trawl that has a mouth
formed by a rigid frame and a grid of rigid vertical bars; has rollers on the lower horizontal part
of the frame to allow the trawl to roll over the bottom and any obstruction while being towed;
and has no doors, boards, or similar devices attached to keep the mouth of the trawl open.
(iii) BRD certification testing exemption. A shrimp trawler that is authorized by the RA to participate
in the pre-certification testing phase or to test a BRD in the EEZ for possible certification, has
such written authorization on board, and is conducting such test in accordance with the
“Bycatch Reduction Device Testing Manual” is granted a limited exemption from the BRD
requirement specified in this section. The exemption from the BRD requirement is limited to
those trawls that are being used in the certification trials. All other trawls rigged for fishing
must be equipped with certified or provisionally certified BRDs.
(2) Procedures for certification and decertification of BRDs. The process for the certification of BRDs
consists of two phases—an optional pre-certification phase and a required certification phase. The
RA may also provisionally certify a BRD.
(i)

Pre-certification. The pre-certification phase allows a person to test and evaluate a new BRD
design for up to 60 days without being subject to the observer requirements and rigorous
testing requirements specified for certification testing in the “Bycatch Reduction Device Testing
Manual.”
(A) A person who wants to conduct pre-certification phase testing must submit an application
to the RA, as specified in the “Bycatch Reduction Device Testing Manual.” The “Bycatch
Reduction Device Testing Manual”, which is available from the RA, upon request, contains
the application forms.
(B) After reviewing the application, the RA will determine whether to issue a letter of
authorization (LOA) to conduct pre-certification trials upon the vessel specified in the
application. If the RA authorizes pre-certification, the RA's LOA must be on board the
vessel during any trip involving the BRD testing.

(ii) Certification. A person who proposes a BRD for certification for use in the South Atlantic EEZ
must submit an application to test such BRD, conduct the testing, and submit the results of the
test in accordance with the “Bycatch Reduction Device Testing Manual.” The RA will issue a
LOA to conduct certification trials upon the vessel specified in the application if the RA finds
that: The operation plan submitted with the application meets the requirements of the “Bycatch
Reduction Device Testing Manual”; the observer identified in the application is qualified; and the
results of any pre-certification trials conducted have been reviewed and deemed to indicate a
reasonable scientific basis for conducting certification testing. If authorization to conduct
certification trials is denied, the RA will provide a letter of explanation to the applicant, together
with relevant recommendations to address the deficiencies resulting in the denial. To be
certified for use in the fishery, the BRD candidate must successfully demonstrate a 30-percent
reduction in total weight of finfish bycatch. In addition, the BRD candidate must satisfy the
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50 CFR 622.207(a)(2)(iii)

following conditions: There is at least a 50-percent probability the true reduction rate of the BRD
candidate meets the bycatch reduction criterion and there is no more than a 10-percent
probability the true reduction rate of the BRD candidate is more than 5 percentage points less
than the bycatch reduction criterion. If a BRD meets both conditions, consistent with the
“Bycatch Reduction Device Testing Manual”, NMFS, through appropriate rulemaking
procedures, will add the BRD to the list of certified BRDs in paragraph (a)(3) of this section; and
provide the specifications for the newly certified BRD, including any special conditions deemed
appropriate based on the certification testing results.
(iii) Provisional certification. Based on data provided consistent with the “Bycatch Reduction Device
Testing Manual”, the RA may provisionally certify a BRD if there is at least a 50-percent
probability the true reduction rate of the BRD is no more than 5 percentage points less than the
bycatch reduction criterion, i.e. 25 percent reduction in total weight of finfish bycatch. Through
appropriate rulemaking procedures, NMFS will add the BRD to the list of provisionally certified
BRDs in paragraph (a)(3) of this section; and provide the specifications for the BRD, including
any special conditions deemed appropriate based on the certification testing results. A
provisional certification is effective for 2 years from the date of publication of the notification in
the FEDERAL REGISTER announcing the provisional certification.
(iv) Decertification. The RA will decertify a BRD if NMFS determines the BRD does not meet the
requirements for certification or provisional certification. Before determining whether to
decertify a BRD, the RA will notify the South Atlantic Fishery Management Council in writing,
and the public will be provided an opportunity to comment on the advisability of any proposed
decertification. The RA will consider any comments from the Council and public, and if the RA
elects to decertify the BRD, the RA will proceed with decertification via appropriate rulemaking.
(3) Certified and provisionally certified BRDs —
(i)

Certified BRDS. The following BRDs are certified for use in the South Atlantic EEZ.
Specifications of these certified BRDs are contained in Appendix D to this part.
(A) Fisheye--see Appendix D to part 622 for separate specifications in the Gulf and South
Atlantic EEZ.
(B) Gulf fisheye.
(C) Jones-Davis.
(D) Modified Jones-Davis.
(E) Expanded mesh.
(F) Extended funnel.
(G) Cone Fish Deflector Composite Panel.
(H) Square Mesh Panel (SMP) Composite Panel.

(ii) [Reserved]
(b) [Reserved]

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50 CFR 622.208

§ 622.208 Minimum mesh size applicable to rock shrimp off Georgia and Florida.
(a) The minimum mesh size for the cod end of a rock shrimp trawl net in the South Atlantic EEZ off Georgia
and Florida is 17⁄8 inches (4.8 cm), stretched mesh. This minimum mesh size is required in at least the
last 40 meshes forward of the cod end drawstring (tie-off rings), and smaller-mesh bag liners are not
allowed. A vessel that has a trawl net on board that does not meet these requirements may not possess a
rock shrimp in or from the South Atlantic EEZ off Georgia and Florida.
(b) [Reserved]

§ 622.209 Restrictions on sale/purchase.
(a) South Atlantic rock shrimp.
(1) Rock shrimp harvested in the South Atlantic EEZ on board a vessel that does not have a valid
commercial permit for rock shrimp, as required under § 622.200(a)(2), may not be transferred,
received, sold, or purchased.
(2) Rock shrimp harvested in or from the EEZ or adjoining state waters by a vessel that has a valid
commercial vessel permit for South Atlantic rock shrimp may be sold or transferred only to a dealer
who has a valid Gulf and South Atlantic dealer permit, as required under § 622.200(c)(1).
(3) Rock shrimp harvested in or from the EEZ may be first received by a dealer who has a valid Gulf and
South Atlantic dealer permit, as required under § 622.200(c)(1), only from a vessel that has a valid
commercial vessel permit for rock shrimp.
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014]

§ 622.210 Adjustment of management measures.
In accordance with the framework procedures of the FMP for the Shrimp Fishery of the South Atlantic Region, the
RA may establish or modify the items specified in paragraph (a) of this section for South Atlantic shrimp.
(a) Biomass levels, age-structured analyses, BRD certification criteria, BRD specifications, BRD testing
protocol, certified BRDs, nets required to use BRDs, times and locations when the use of BRDs is required,
definitions of essential fish habitat, and essential fish habitat HAPCs or Coral HAPCs.
(b) [Reserved]

Subpart K—Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region
§ 622.220 Permits.
See § 622.4 for information regarding general permit procedures including, but not limited to fees, duration, transfer,
renewal, display, sanctions and denials, and replacement.
(a) Required permits —

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50 CFR 622.220(a)(1)

(1) Allowable chemical. For an individual to take or possess fish or other marine organisms with an
allowable chemical in a coral area, other than fish or other marine organisms that are landed in
Florida, a Federal allowable chemical permit must have been issued to the individual. Such permit
must be available when the permitted activity is being conducted and when such fish or other marine
organisms are possessed, through landing ashore.
(2) Allowable octocoral. For an individual to take or possess allowable octocoral in the South Atlantic
EEZ, other than allowable octocoral that is landed in Florida, a Federal allowable octocoral permit
must have been issued to the individual. Such permit must be available for inspection when the
permitted activity is being conducted and when allowable octocoral is possessed, through landing
ashore.
(3) Aquacultured live rock. For a person to take or possess aquacultured live rock in the South Atlantic
EEZ, a Federal aquacultured live rock permit must have been issued for the specific harvest site.
Such permit, or a copy, must be on board a vessel depositing or possessing material on an
aquacultured live rock site or harvesting or possessing live rock from an aquacultured live rock site.
(4) Prohibited coral. A Federal permit may be issued to take or possess South Atlantic prohibited coral
only as scientific research activity, exempted fishing, or exempted educational activity. See §
600.745 of this chapter for the procedures and limitations for such activities and fishing.
(5) Florida permits. Appropriate Florida permits and endorsements are required for the following
activities, without regard to whether they involve activities in the EEZ or Florida's waters:
(i)

Landing in Florida fish or other marine organisms taken with an allowable chemical in a coral
area.

(ii) Landing allowable octocoral in Florida.
(iii) Landing live rock in Florida.
(b) Application.
(1) The applicant for a coral permit must be the individual who will be conducting the activity that
requires the permit. In the case of a corporation or partnership that will be conducting live rock
aquaculture activity, the applicant must be the principal shareholder or a general partner.
(2) An applicant must provide the following:
(i)

Name, address, telephone number, and other identifying information of the applicant.

(ii) Name and address of any affiliated company, institution, or organization.
(iii) Information concerning vessels, harvesting gear/methods, or fishing areas, as specified on the
application form.
(iv) Any other information that may be necessary for the issuance or administration of the permit.
(v) If applying for an aquacultured live rock permit, identification of each vessel that will be
depositing material on or harvesting aquacultured live rock from the proposed aquacultured live
rock site, specification of the port of landing of aquacultured live rock, and a site evaluation
report prepared pursuant to generally accepted industry standards that—
(A) Provides accurate coordinates of the proposed harvesting site so that it can be located
using LORAN or Global Positioning System equipment;
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50 CFR 622.220(b)(2)(v)(B)

(B) Shows the site on a chart in sufficient detail to determine its size and allow for site
inspection;
(C) Discusses possible hazards to safe navigation or hindrance to vessel traffic, traditional
fishing operations, or other public access that may result from aquacultured live rock at
the site;
(D) Describes the naturally occurring bottom habitat at the site; and
(E) Specifies the type and origin of material to be deposited on the site and how it will be
distinguishable from the naturally occurring substrate.

§ 622.221 Recordkeeping and reporting.
(a) Individuals with coral or live rock permits.
(1) An individual with a Federal allowable octocoral permit must submit a report of harvest to the SRD.
Specific reporting requirements will be provided with the permit.
(2) A person with a Federal aquacultured live rock permit must report to the RA each deposition of
material on a site. Such reports must be postmarked not later than 7 days after deposition and must
contain the following information:
(i)

Permit number of site and date of deposit.

(ii) Geological origin of material deposited.
(iii) Amount of material deposited.
(iv) Source of material deposited, that is, where obtained, if removed from another habitat, or from
whom purchased.
(3) A person who takes aquacultured live rock must submit a report of harvest to the RA. Specific
reporting requirements will be provided with the permit. This reporting requirement is waived for
aquacultured live rock that is landed in Florida.
(b) [Reserved]

§ 622.222 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods that apply more broadly to multiple fisheries or in some
cases all fisheries.
(a) Power-assisted tools. A power-assisted tool may not be used in the South Atlantic EEZ to take allowable
octocoral, prohibited coral, or live rock.
(b) [Reserved]

§ 622.223 Prohibited species.
(a) General. The harvest and possession 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 applicable to that vessel.

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50 CFR 622.223(b)

(b) Prohibited coral. South Atlantic prohibited coral taken as incidental catch in the South Atlantic EEZ must
be returned immediately to the sea in the general area of fishing. In fisheries where the entire catch is
landed unsorted, such as the scallop and groundfish fisheries, unsorted prohibited coral may be landed
ashore; however, no person may sell or purchase such prohibited coral.
(c) Wild live rock. Wild live rock may not be harvested or possessed in the South Atlantic EEZ.
(d) Octocoral. Octocoral may not be harvested or possessed in or from the portion of the South Atlantic EEZ
managed under the FMP. Octocoral collected in the portion of the South Atlantic EEZ managed under the
FMP must be released immediately with a minimum of harm.

§ 622.224 Area closures to protect South Atlantic corals.
(a) Allowable octocoral closed area. No person may harvest or possess allowable octocoral in the South
Atlantic EEZ north of 28°35.1′ N. lat. (due east of the NASA Vehicle Assembly Building, Cape Canaveral,
FL).
(b) Oculina Bank —
(1) HAPC. The Oculina Bank HAPC is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin 29°43′29.82″ 80°14′48.06″
1

29°43′30″

80°15′48.24″

2

29°34′51.66″ 80°15′00.78″

3

29°34′07.38″ 80°15′51.66″

4

29°29′24.9″

5

29°09′32.52″ 80°12′17.22″

6

29°04′45.18″ 80°10′12″

7

28°56′01.86″ 80°08′53.64″

8

28°52′44.40″ 80°08′53.04″

9

28°47′28.56″ 80°07′07.44″

10

28°46′13.68″ 80°07′15.9″

11

28°41′16.32″ 80°05′58.74″

12

28°35′05.76″ 80°05′14.28″

13

28°33′50.94″ 80°05′24.6″

14

28°30′51.36″ 80°04′23.94″

15

28°30′00″

80°03′57.3″

16

28°30′

80°03′

17

28°16′

80°03′

18

28°04′30″

80°01′10.08″

19

28°04′30″

80°00′

20

27°30′

80°00′

21

27°30′

79°54″—Point corresponding with intersection with the 100-fathom (183-m) contour,
as shown on the latest edition of NOAA chart 11460

80°15′15.78″

Note: Line between point 21 and point 22 follows the 100-fathom (183-m) contour, as shown on the latest
edition of NOAA chart 11460
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Point

North lat.

50 CFR 622.224(b)(1)(i)

West long.

22

28°30′00″

79°56′56″— Point corresponding with intersection with the 100-fathom (183-m)
contour, as shown on the latest edition of NOAA chart 11460

23

28°30′00″

80°00′46.02″

24

28°46′00.84″ 80°03′28.5″

25

28°48′37.14″ 80°03′56.76″

26

28°53′18.36″ 80°04′48.84″

27

29°11′19.62″ 80°08′36.9″

28

29°17′33.96″ 80°10′06.9″

29

29°23′35.34″ 80°11′30.06″

30

29°30′15.72″ 80°12′38.88″

31

29°35′55.86″ 80°13′41.04″

Origin 29°43′29.82″ 80°14′55.27″

(i)

In the Oculina Bank HAPC, no person may:
(A) Use a bottom longline, bottom trawl, dredge, pot, or trap.
(B) If aboard a fishing vessel, anchor, use an anchor and chain, or use a grapple and chain.
(C) Fish for or possess rock shrimp in or from the Oculina Bank HAPC, except a shrimp vessel
with a valid commercial vessel permit for rock shrimp that possesses rock shrimp may
transit through the Oculina Bank HAPC if fishing gear is appropriately stowed. For the
purpose of this paragraph, transit means a direct and non-stop continuous course through
the area, maintaining a minimum speed of five knots as determined by an operating VMS
and a VMS minimum ping rate of 1 ping per 5 minutes; fishing gear appropriately stowed
means that doors and nets are out of the water.

(ii) [Reserved]
(2) Experimental closed area. Within the Oculina Bank HAPC, the experimental closed area is bounded
on the north by 27°53′ N. lat., on the south by 27°30′ N. lat., on the east by 79°56′ W. long., and on the
west by 80°00' W. long. No person may fish for South Atlantic snapper-grouper in the experimental
closed area, and no person may retain South Atlantic snapper-grouper in or from the area. In the
experimental closed area, any South Atlantic snapper-grouper taken incidentally by hook-and-line
gear must be released immediately by cutting the line without removing the fish from the water.
(c) Deepwater Coral HAPCs —
(1) Locations. The following areas are designated Deepwater Coral HAPCs:
(i)

Cape Lookout Lophelia Banks is bounded by rhumb lines connecting, in order, the following
points:
Point

North lat.

West long.

Origin

34°24′37″

75°45′11″

1

34°10′26″

75°58′44″

2

34°05′47″

75°54′54″

3

34°21′02″

75°41′25″

50 CFR 622.224(c)(1)(i) (enhanced display)

page 203 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(1)(ii)

North lat.

West long.

4

34°23′28.998″

75°43′58.002″

5

34°27′00″

75°41′45″

6

34°27′54″

75°42′45″

Origin

34°24′37″

75°45′11″

(ii) Cape Fear Lophelia Banks is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

33°38′49″

76°29′32″

1

33°32′21″

76°32′38″

2

33°29′49″

76°26′19″

3

33°36′09″

76°23′37″

Origin

33°38′49″

76°29′32″

(iii) Stetson Reefs, Savannah and East Florida Lithoherms, and Miami Terrace (Stetson-Miami
Terrace) is bounded by—
(A) Rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

at outer boundary of EEZ

79°00′00″

1

31°23′37″

79°00′00″

2

31°23′37″

77°16′21″

3

32°38′37″

77°16′21″

4

32°38′21″

77°34′06″

5

32°35′24″

77°37′54″

6

32°32′18″

77°40′26″

7

32°28′42″

77°44′10″

8

32°25′51″

77°47′43″

9

32°22′40″

77°52′05″

10

32°20′58″

77°56′29″

11

32°20′30″

77°57′50″

12

32°19′53″

78°00′49″

13

32°18′44″

78°04′35″

14

32°17′35″

78°07′48″

15

32°17′15″

78°10′41″

16

32°15′50″

78°14′09″

17

32°15′20″

78°15′25″

18

32°12′15″

78°16′37″

19

32°10′26″

78°18′09″

20

32°04′42″

78°21′27″

50 CFR 622.224(c)(1)(iii)(A) (enhanced display)

page 204 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(1)(iii)(A)

North lat.

West long.

21

32°03′41″

78°24′07″

22

32°04′58″

78°29′19″

23

32°06′59″

78°30′48″

24

32°09′27″

78°31′31″

25

32°11′23″

78°32′47″

26

32°13′09″

78°34′04″

27

32°14′08″

78°34′36″

28

32°12′48″

78°36′34″

29

32°13′07″

78°39′07″

30

32°14′17″

78°40′01″

31

32°16′20″

78°40′18″

32

32°16′33″

78°42′32″

33

32°14′26″

78°43′23″

34

32°11′14″

78°45′42″

35

32°10′19″

78°49′08″

36

32°09′42″

78°52′54″

37

32°08′15″

78°56′11″

38

32°05′00″

79°00′30″

39

32°01′54″

79°02′49″

40

31°58′40″

79°04′51″

41

31°56′32″

79°06′48″

42

31°53′27″

79°09′18″

43

31°50′56″

79°11′29″

44

31°49′07″

79°13′35″

45

31°47′56″

79°16′08″

46

31°47′11″

79°16′30″

47

31°46′29″

79°16′25″

48

31°44′31″

79°17′24″

49

31°43′20″

79°18′27″

50

31°42′26″

79°20′41″

51

31°41′09″

79°22′26″

52

31°39′36″

79°23′59″

53

31°37′54″

79°25′29″

54

31°35′57″

79°27′14″

55

31°34′14″

79°28′24″

56

31°31′08″

79°29′59″

57

31°30′26″

79°29′52″

58

31°29′11″

79°30′11″

59

31°27′58″

79°31′41″

60

31°27′06″

79°32′08″

50 CFR 622.224(c)(1)(iii)(A) (enhanced display)

page 205 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(1)(iii)(A)

North lat.

West long.

61

31°26′22″

79°32′48″

62

31°24′21″

79°33′51″

63

31°22′53″

79°34′41″

64

31°21′03″

79°36′01″

65

31°20′00″

79°37′12″

66

31°18′34″

79°38′15″

67

31°16′49″

79°38′36″

68

31°13′06″

79°38′19″

70

31°11′04″

79°38′39″

70

31°09′28″

79°39′09″

71

31°07′44″

79°40′21″

72

31°05′53″

79°41′27″

73

31°04′40″

79°42′09″

74

31°02′58″

79°42′28″

75

31°01′03″

79°42′40″

76

30°59′50″

79°42′43″

77

30°58′27″

79°42′43″

78

30°57′15″

79°42′50″

79

30°56′09″

79°43′28″

80

30°54′49″

79°44′53″

81

30°53′44″

79°46′24″

82

30°52′47″

79°47′40″

83

30°51′45″

79°48′16″

84

30°48′36″

79°49′02″

85

30°45′24″

79°49′55″

86

30°41′36″

79°51′31″

87

30°38′38″

79°52′23″

88

30°37′00″

79°52′37.2″

89

30°37′00″

80°05′00″

90

30°34′6.42″

80°05′54.96″

91

30°26′59.94″

80°07′41.22″

92

30°23′53.28″

80°08′8.58″

93

30°19′22.86″

80°09′22.56″

94

30°13′17.58″

80°11′15.24″

95

30°07′55.68″

80°12′19.62″

96

30°00′00″

80°13′00″

97

30°00′9″

80°09′30″

98

30°03′00″

80°09′30″

99

30°03′00″

80°06′00″

100

30°04′00″

80°02′45.6″

50 CFR 622.224(c)(1)(iii)(A) (enhanced display)

page 206 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(1)(iii)(A)

North lat.

West long.

101

29°59′16″

80°04′11″

102

29°49′12″

80°05′44″

103

29°43′59″

80°06′24″

104

29°38′37″

80°06′53″

105

29°36′54″

80°07′18″

106

29°31′59″

80°07′32″

107

29°29′14″

80°07′18″

108

29°21′48″

80°05′01″

109

29°20′25″

80°04′29″

110

29°08′00″

79°59′43″

111

29°06′56″

79°59′07″

112

29°05′59″

79°58′44″

113

29°03′34″

79°57′37″

114

29°02′11″

79°56′59″

115

29°00′00″

79°55′32″

116

28°56′55″

79°54′22″

117

28°55′00″

79°53′31″

118

28°53′35″

79°52′51″

119

28°51′47″

79°52′07″

120

28°50′25″

79°51′27″

121

28°49′53″

79°51′20″

122

28°49′01″

79°51′20″

123

28°48′19″

79°51′10″

124

28°47′13″

79°50′59″

125

28°43′30″

79°50′36″

126

28°41′05″

79°50′04″

127

28°40′27″

79°50′07″

128

28°39′50″

79°49′56″

129

28°39′04″

79°49′58″

130

28°36′43″

79°49′35″

131

28°35′01″

79°49′24″

132

28°30′37″

79°48′35″

133

28°14′00″

79°46′20″

134

28°11′41″

79°46′12″

135

28°08′02″

79°45′45″

136

28°01′20″

79°45′20″

137

27°58′13″

79°44′51″

138

27°56′23″

79°44′53″

139

27°49′40″

79°44′25″

140

27°46′27″

79°44′22″

50 CFR 622.224(c)(1)(iii)(A) (enhanced display)

page 207 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(1)(iii)(A)

North lat.

West long.

141

27°42′00″

79°44′33″

142

27°36′08″

79°44′58″

143

27°30′00″

79°45′29″

144

27°29′04″

79°45′47″

145

27°27′05″

79°45′54″

146

27°25′47″

79°45′57″

147

27°19′46″

79°45′14″

148

27°17′54″

79°45′12″

149

27°12′28″

79°45′00″

150

27°07′45″

79°46′07″

151

27°04′47″

79°46′29″

152

27°00′43″

79°46′39″

153

26°58′43″

79°46′28″

154

26°57′06″

79°46′32″

155

26°49′58″

79°46′54″

156

26°48′58″

79°46′56″

157

26°47′01″

79°47′09″

158

26°46′04″

79°47′09″

159

26°35′09″

79°48′01″

160

26°33′37″

79°48′21″

161

26°27′56″

79°49′09″

162

26°25′55″

79°49′30″

163

26°21′05″

79°50′03″

164

26°20′30″

79°50′20″

165

26°18′56″

79°50′17″

166

26°16′19″

79°54′06″

167

26°13′48″

79°54′48″

168

26°12′19″

79°55′37″

169

26°10′57″

79°57′05″

170

26°09′17″

79°58′45″

171

26°07′11″

80°00′22″

172

26°06′12″

80°00′33″

173

26°03′26″

80°01′02″

174

26°00′35″

80°01′13″

175

25°49′10″

80°00′38″

176

25°48′30″

80°00′23″

177

25°46′42″

79°59′14″

178

25°27′28″

80°02′26″

179

25°24′06″

80°01′44″

180

25°21′04″

80°01′27″

50 CFR 622.224(c)(1)(iii)(A) (enhanced display)

page 208 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(1)(iii)(B)

North lat.

181

25°21′04″

West long.
at outer boundary of EEZ

(B) The outer boundary of the EEZ in a northerly direction from Point 181 to the Origin.
(iv) Pourtales Terrace is bounded by—
(A) Rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

24°20′12″

80°43′50″

1

24°33′42″

80°34′23″

2

24°37′45″

80°31′20″

3

24°47′18″

80°23′08″

4

24°51′08″

80°27′58″

5

24°42′52″

80°35′51″

6

24°29′44″

80°49′45″

7

24°15′04″

81°07′52″

8

24°10′55″

80°58′11″

(B) The outer boundary of the EEZ in a northerly direction from Point 8 to the Origin.
(v) Blake Ridge Diapir is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

32°32′28″

76°13′16″

1

32°30′44″

76°13′24″

2

32°30′37″

76°11′21″

3

32°32′21″

76°11′13″

Origin

32°32′28″

76°13′16″

(2) Restrictions. In the Deepwater Coral HAPCs specified in paragraph (c)(1) of this section, no person
may:
(i)

Use a bottom longline, trawl (mid-water or bottom), dredge, pot, or trap.

(ii) If aboard a fishing vessel, anchor, use an anchor and chain, or use a grapple and chain.
(iii) Fish for coral or possess coral in or from the Deepwater Coral HAPC on board a fishing vessel.
(3) Shrimp fishery access areas. The provisions of paragraph (c)(2)(i) of this section notwithstanding, an
owner or operator of a vessel for which a valid commercial vessel permit for rock shrimp (South
Atlantic EEZ) has been issued may trawl for shrimp in the following portions of the Stetson-Miami
Terrace Deepwater Coral HAPC:

50 CFR 622.224(c)(3) (enhanced display)

page 209 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

(i)

50 CFR 622.224(c)(3)(i)

Shrimp access area 1 is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

30°06′30″

80°02′2.4″

1

30°06′30″

80°05′39.6″

2

30°03′00″

80°09′30″

3

30°03′00″

80°06′00″

4

30°04′00″

80°02′45.6″

5

29°59′16″

80°04′11″

6

29°49′12″

80°05′44″

7

29°43′59″

80°06′24″

8

29°38′37″

80°06′53″

9

29°36′54″

80°07′18″

10

29°31′59″

80°07′32″

11

29°29′14″

80°07′18″

12

29°21′48″

80°05′01″

13

29°20′25″

80°04′29″

14

29°20′25″

80°03′11″

15

29°21′48″

80°03′52″

16

29°29′14″

80°06′08″

17

29°31′59″

80°06′23″

18

29°36′54″

80°06′00″

19

29°38′37″

80°05′43″

20

29°43′59″

80°05′14″

21

29°49′12″

80°04′35″

22

29°59′16″

80°03′01″

23

30°06′30″

80°00′53″

Origin

30°06′30″

80°02′2.4″

(ii) Shrimp access area 2 is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

29°08′00″

79°59′43″

1

29°06′56″

79°59′07″

2

29°05′59″

79°58′44″

3

29°03′34″

79°57′37″

4

29°02′11″

79°56′59″

5

29°00′00″

79°55′32″

6

28°56′55″

79°54′22″

7

28°55′00″

79°53′31″

8

28°53′35″

79°52′51″

9

28°51′47″

79°52′07″

50 CFR 622.224(c)(3)(ii) (enhanced display)

page 210 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(3)(ii)

North lat.

West long.

10

28°50′25″

79°51′27″

11

28°49′53″

79°51′20″

12

28°49′01″

79°51′20″

13

28°48′19″

79°51′10″

14

28°47′13″

79°50′59″

15

28°43′30″

79°50′36″

16

28°41′05″

79°50′04″

17

28°40′27″

79°50′07″

18

28°39′50″

79°49′56″

19

28°39′04″

79°49′58″

20

28°36′43″

79°49′35″

21

28°35′01″

79°49′24″

22

28°30′37″

79°48′35″

23

28°30′37″

79°47′27″

24

28°35′01″

79°48′16″

25

28°36′43″

79°48′27″

26

28°39′04″

79°48′50″

27

28°39′50″

79°48′48″

28

28°40′27″

79°48′58″

29

28°41′05″

79°48′56″

30

28°43′30″

79°49′28″

31

28°47′13″

79°49′51″

32

28°48′19″

79°50′01″

33

28°49′01″

79°50′13″

34

28°49′53″

79°50′12″

35

28°50′25″

79°50′17″

36

28°51′47″

79°50′58″

37

28°53′35″

79°51′43″

38

28°55′00″

79°52′22″

39

28°56′55″

79°53′14″

40

29°00′00″

79°54′24″

41

29°02′11″

79°55′50″

42

29°03′34″

79°56′29″

43

29°05′59″

79°57′35″

44

29°06′56″

79°57′59″

45

29°08′00″

79°58′34″

Origin

29°08′00″

79°59′43″

50 CFR 622.224(c)(3)(ii) (enhanced display)

page 211 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.224(c)(3)(iii)

(iii) Shrimp access area 3 is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

28°14′00″

79°46′20″

1

28°11′41″

79°46′12″

2

28°08′02″

79°45′45″

3

28°01′20″

79°45′20″

4

27°58′13″

79°44′51″

5

27°56′23″

79°44′53″

6

27°49′40″

79°44′25″

7

27°46′27″

79°44′22″

8

27°42′00″

79°44′33″

9

27°36′08″

79°44′58″

10

27°30′00″

79°45′29″

11

27°29′04″

79°45′47″

12

27°27′05″

79°45′54″

13

27°25′47″

79°45′57″

14

27°19′46″

79°45′14″

15

27°17′54″

79°45′12″

16

27°12′28″

79°45′00″

17

27°07′45″

79°46′07″

18

27°04′47″

79°46′29″

19

27°00′43″

79°46′39″

20

26°58′43″

79°46′28″

21

26°57′06″

79°46′32″

22

26°57′06″

79°44′52″

23

26°58′43″

79°44′47″

24

27°00′43″

79°44′58″

25

27°04′47″

79°44′48″

26

27°07′45″

79°44′26″

27

27°12′28″

79°43′19″

28

27°17′54″

79°43′31″

29

27°19′46″

79°43′33″

30

27°25′47″

79°44′15″

31

27°27′05″

79°44′12″

32

27°29′04″

79°44′06″

33

27°30′00″

79°43′48″

34

27°30′00″

79°44′22″

35

27°36′08″

79°43′50″

36

27°42′00″

79°43′25″

37

27°46′27″

79°43′14″

50 CFR 622.224(c)(3)(iii) (enhanced display)

page 212 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(3)(iv)

North lat.

West long.

38

27°49′40″

79°43′17″

39

27°56′23″

79°43′45″

40

27°58′13″

79°43′43″

41

28°01′20″

79°44′11″

42

28°04′42″

79°44′25″

43

28°08′02″

79°44′37″

44

28°11′41″

79°45′04″

45

28°14′00″

79°45′12″

Origin

28°14′00″

79°46′20″

(iv) Shrimp access area 4 is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

26°49′58″

79°46′54″

1

26°48′58″

79°46′56″

2

26°47′01″

79°47′09″

3

26°46′04″

79°47′09″

4

26°35′09″

79°48′01″

5

26°33′37″

79°48′21″

6

26°27′56″

79°49′09″

7

26°25′55″

79°49′30″

8

26°21′05″

79°50′03″

9

26°20′30″

79°50′20″

10

26°18′56″

79°50′17″

11

26°18′56″

79°48′37″

12

26°20′30″

79°48′40″

13

26°21′05″

79°48′08″

14

26°25′55″

79°47′49″

15

26°27′56″

79°47′29″

16

26°33′37″

79°46′40″

17

26°35′09″

79°46′20″

18

26°46′04″

79°45′28″

19

26°47′01″

79°45′28″

20

26°48′58″

79°45′15″

21

26°49′58″

79°45′13″

Origin

26°49′58″

79°46′54″

(4) Golden crab fishery access areas. The provisions of paragraphs (c)(2)(i) and (ii) of this section
notwithstanding, an owner or operator of a vessel for which a valid commercial permit for South
Atlantic golden crab has been issued may use a trap to fish for golden crab and use a grapple and
chain while engaged in such fishing in the following portions of the Stetson-Miami Terrace and the
50 CFR 622.224(c)(4) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.224(c)(4)(i)

Pourtales Terrace Deepwater Coral HAPCs. Access to an area specified in paragraph (c)(4)(i)
through (v) of this section is contingent on that zone being authorized on the vessel's permit for
South Atlantic golden crab. See § 622.241(b) for specification of zones.
(i)

Golden crab northern zone access area is bounded by rhumb lines connecting, in order, the
following points:
Point

North lat.

West long.

Origin

29°00′00″

79°54′24″

1

28°56′55″

79°53′14″

2

28°55′00″

79°52′22″

3

28°53′35″

79°51′43″

4

28°51′47″

79°50′58″

5

28°50′25″

79°50′17″

6

28°49′53″

79°50′12″

7

28°49′01″

79°50′13″

8

28°48′19″

79°50′01″

9

28°47′13″

79°49′51″

10

28°43′30″

79°49′28″

11

28°41′05″

79°48′56″

12

28°40′27″

79°48′58″

13

28°39′50″

79°48′48″

14

28°39′04″

79°48′50″

15

28°36′43″

79°48′27″

16

28°35′01″

79°48′16″

17

28°30′37″

79°47′27″

18

28°30′37″

79°42′12″

19

28°14′00″

79°40′54″

20

28°14′00″

79°45′12″

21

28°11′41″

79°45′04″

22

28°08′02″

79°44′37″

23

28°04′42″

79°44′25″

24

28°01′20″

79°44′11″

25

28°00′00″

79°43′59″

26

28°00′00″

79°38′16″

27

28°11′42″

79°38′13″

28

28°23′02″

79°38′57″

29

28°36′50″

79°40′25″

30

28°38′33″

79°41′33″

31

28°38′20″

79°43′04″

32

28°41′00″

79°43′39″

33

28°48′16″

79°44′32″

34

28°54′29″

79°45′55″

50 CFR 622.224(c)(4)(i) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(4)(ii)

North lat.

West long.

35

29°00′00″

79°45′50″

Origin

29°00′00″

79°54′24″

(ii) Golden crab middle zone access area A is bounded by—
(A) Rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

26°58′45″

79°35′05″

1

27°00′39″

79°36′26″

2

27°07′55″

79°37′52″

3

27°14′52″

79°37′09″

4

27°29′21″

79°37′15″

5

28°00′00″

79°38′16″

6

28°00′00″

79°43′59″

7

27°58′13″

79°43′43″

8

27°56′23″

79°43′45″

9

27°49′40″

79°43′17″

10

27°46′27″

79°43′14″

11

27°42′00″

79°43′25″

12

27°36′08″

79°43′50″

13

27°30′00″

79°44′22″

14

27°30′00″

79°43′48″

15

27°29′04″

79°44′06″

16

27°27′05″

79°44′12″

17

27°25′47″

79°44′15″

18

27°19′46″

79°43′33″

19

27°17′54″

79°43′31″

20

27°12′28″

79°43′19″

21

27°07′45″

79°44′26″

22

27°04′47″

79°44′48″

23

27°00′43″

79°44′58″

24

26°58′43″

79°44′47″

25

26°57′06″

79°44′52″

26

26°57′06″

79°42′34″

27

26°49′58″

79°42′34″

28

26°49′58″

79°45′13″

29

26°48′58″

79°45′15″

30

26°47′01″

79°45′28″

31

26°46′04″

79°45′28″

32

26°35′09″

79°46′20″

50 CFR 622.224(c)(4)(ii)(A) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(4)(ii)(B)

North lat.

West long.

33

26°33′37″

79°46′40″

34

26°27′56″

79°47′29″

35

26°25′55″

79°47′49″

36

26°21′05″

79°48′08″

37

26°20′30″

79°48′40″

38

26°18′56″

79°48′37″

39

26°03′38″

79°48′16″

40

26°03′35″

79°46′09″

41

25°58′33″

79°46′08″

42

25°54′27″

79°45′37″

43

25°46′55″

79°44′14″

44

25°38′04″

79°45′58″

45

25°38′05″

79°42′27″

(B) The outer boundary of the EEZ in a northerly direction from Point 45 to Point 46.
(C) Rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

46

26°07′49″

79°36′07″

47

26°17′36″

79°36′06″

48

26°21′18″

79°38′04″

49

26°50′46″

79°35′12″

50

26°50′40″

79°33′45″

(D) The outer boundary of the EEZ in a northerly direction from Point 50 to the Origin.
(iii) Golden crab middle zone access area B is bounded by rhumb lines connecting, in order, the
following points:
Point

North lat.

West long.

Origin

25°49′10″

80°00′38″

1

25°48′30″

80°00′23″

2

25°46′42″

79°59′14″

3

25°27′28″

80°02′26″

4

25°24′06″

80°01′44″

5

25°21′04″

80°01′27″

6

25°21′04″

79°58′12″

7

25°23′25″

79°58′19″

8

25°32′52″

79°54′48″

9

25°36′58″

79°54′46″

10

25°37′20″

79°56′20″

50 CFR 622.224(c)(4)(iii) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.224(c)(4)(iv)

North lat.

West long.

11

25°49′11″

79°56′00″

Origin

25°49′10″

80°00′38″

(iv) Golden crab middle zone access area C is bounded by—
(A) Rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

25°33′32″

79°42′18″

1

25°33′32″

79°47′14″

2

25°21′04″

79°53′45″

3

25°21′04″

79°42′04″

(B) The outer boundary of the EEZ in a northerly direction from Point 3 to the Origin.
(v) Golden crab southern zone access area is bounded by—
(A) Rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

Origin

24°14′07″

80°53′27″

1

24°13′46″

81°04′54″

2

24°10′55″

80°58′11″

(B) The outer boundary of the EEZ in a northerly direction from Point 2 to the Origin.
[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 42431, July 17, 2015; 80 FR 46205, Aug. 4, 2015; 80 FR 60566, Oct. 7, 2015; 81
FR 7715, Feb. 16, 2016]

§ 622.225 Harvest limitations.
(a) Aquacultured live rock. In the South Atlantic EEZ:
(1) Aquacultured live rock may be harvested only under a permit, as required under § 622.220(a)(3), and
aquacultured live rock on a site may be harvested only by the person, or his or her employee,
contractor, or agent, who has been issued the aquacultured live rock permit for the site. A person
harvesting aquacultured live rock is exempt from the prohibition on taking prohibited coral for such
prohibited coral as attaches to aquacultured live rock.
(2) The following restrictions apply to individual aquaculture activities:
(i)

No aquaculture site may exceed 1 acre (0.4 ha) in size.

(ii) Material deposited on the aquaculture site—
(A) May not be placed over naturally occurring reef outcrops, limestone ledges, coral reefs, or
vegetated areas.
(B) Must be free of contaminants.
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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.225(a)(2)(ii)(C)

(C) Must be nontoxic.
(D) Must be placed on the site by hand or lowered completely to the bottom under restraint,
that is, not allowed to fall freely.
(E) Must be placed from a vessel that is anchored.
(F) Must be geologically distinguishable from the naturally occurring substrate and, in
addition, may be indelibly marked or tagged.
(iii) A minimum setback of at least 50 ft (15.2 m) must be maintained from natural vegetated or
hard bottom habitats.
(3) Mechanically dredging or drilling, or otherwise disturbing, aquacultured live rock is prohibited, and
aquacultured live rock may be harvested only by hand.
(4) The following activities are also prohibited: Chipping of aquacultured live rock in the EEZ, possession
of chipped aquacultured live rock in or from the EEZ, removal of allowable octocoral or prohibited
coral from aquacultured live rock in or from the EEZ, and possession of prohibited coral not attached
to aquacultured live rock or allowable octocoral, while aquacultured live rock is in possession. See
the definition of “Allowable octocoral” for clarification of the distinction between allowable octocoral
and live rock. For the purposes of this paragraph (a)(4), chipping means breaking up reefs, ledges, or
rocks into fragments, usually by means of a chisel and hammer.
(5) Not less than 24 hours prior to harvest of aquacultured live rock, the owner or operator of the
harvesting vessel must provide the following information to the NMFS Office for Law Enforcement,
Southeast Region, St. Petersburg, FL, by telephone (727-824-5344):
(i)

Permit number of site to be harvested and date of harvest.

(ii) Name and official number of the vessel to be used in harvesting.
(iii) Date, port, and facility at which aquacultured live rock will be landed.
(b) [Reserved]

§ 622.226 Restrictions on sale/purchase.
(a) South Atlantic wild live rock. Wild live rock in or from the South Atlantic EEZ may not be sold or purchased.
The prohibition on sale or purchase does not apply to wild live rock from the South Atlantic EEZ that was
harvested and landed prior to January 1, 1996.
(b) [Reserved]

§ 622.227 Adjustment of management measures.
In accordance with the framework procedures of the FMP for Coral, Coral Reefs, and Live/Hard Bottom Habitats of
the South Atlantic Region, the RA may establish or modify the following:
(a) South Atlantic coral, coral reefs, and live/hard bottom habitats. Definitions of essential fish habitat and
essential fish habitat HAPCs or Coral HAPCs.
(b) [Reserved]

Subpart L—Golden Crab Fishery of the South Atlantic Region
50 CFR 622.227(b) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.240

§ 622.240 Permits.
(a) Commercial vessel permits. For a person aboard a vessel to fish for golden crab in the South Atlantic EEZ,
possess golden crab in or from the South Atlantic EEZ, off-load golden crab from the South Atlantic EEZ,
or sell golden crab in or from the South Atlantic EEZ, a commercial vessel permit for golden crab must be
issued to the vessel and must be on board. It is a rebuttable presumption that a golden crab on board a
vessel in the South Atlantic or off-loaded from a vessel in a port adjoining the South Atlantic was
harvested from the South Atlantic EEZ. See § 622.241 for limitations on the use, transfer, and renewal of a
commercial vessel permit for golden crab.
(b) Dealer permits and conditions —
(1) Permits. For a dealer to first receive South Atlantic golden crab harvested in or from the EEZ, a Gulf
and South Atlantic dealer permit must be issued to the dealer.
(2) State license and facility requirements. To obtain a dealer permit, the applicant must have a valid
state wholesaler's license in the state(s) where the dealer operates, if required by such state(s), and
must have a physical facility at a fixed location in such state(s).
(c) 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 at 79 FR 19496, Apr. 9, 2014]

§ 622.241 South Atlantic golden crab controlled access.
(a) General. In accordance with the procedures specified in the Fishery Management Plan for the Golden Crab
Fishery of the South Atlantic Region, initial commercial vessel permits have been issued for the fishery. All
permits in the fishery are issued on a fishing-year (calendar-year) basis. No additional permits may be
issued except for the northern zone as follows:
(1) The RA will issue up to two new vessel permits for the northern zone. Selection will be made from
the list of historical participants in the South Atlantic golden crab fishery. Such list was used at the
October 1995 meeting of the South Atlantic Fishery Management Council and was prioritized based
on pounds of golden crab landed, without reference to a specific zone. Individuals on the list who
originally received permits will be deleted from the list.
(2) The RA will offer in writing an opportunity to apply for a permit for the northern zone to the
individuals highest on the list until two individuals accept and apply in a timely manner. An offer that
is not accepted within 30 days after it is received will no longer be valid.
(3) An application for a permit from an individual who accepts the RA's offer must be received by the RA
no later than 30 days after the date of the individual's acceptance. Application forms are available
from the RA.
(4) A vessel permit for the northern zone issued under paragraph (a)(1) of this section, and any
successor permit, may not be changed to another zone. A successor permit includes a permit issued
to that vessel for a subsequent owner and a permit issued via transfer from that vessel to another
vessel.
(b) Fishing zones —

50 CFR 622.241(b) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.241(b)(1)

(1) Designation of fishing zones. The South Atlantic EEZ is divided into three fishing zones for golden
crab as follows:
(i)

Northern zone—the South Atlantic EEZ north of 28° N. lat.

(ii) Middle zone—the South Atlantic EEZ from 28° N. lat. to 25° N. lat.
(iii) Southern zone—the South Atlantic EEZ south of 25° N. lat.
(2) Authorization to fish in zones. Each vessel permit indicates one of the zones specified in paragraph
(b)(1) of this section. A vessel with a permit to fish for golden crab in the northern zone or the middle
zone may fish only in that zone. A vessel with a documented length overall greater than 65 ft (19.8
m) with a permit to fish for golden crab in the southern zone may fish in that zone, consistent with
the provisions of paragraph (b)(3) of this section. A vessel may possess golden crab only in a zone
in which it is authorized to fish, except that other zones may be transited if the vessel notifies NMFS
Office for Law Enforcement, Southeast Region, St. Petersburg, FL, by telephone (727-824-5344) in
advance and does not fish in a zone in which it is not authorized to fish.
(3) Small-vessel sub-zone. Within the southern zone, a small-vessel sub-zone is established bounded on
the north by 24°15′ N. lat., on the south by 24°07′ N. lat., on the east by 81°22′ W. long., and on the
west by 81°56′ W. long. No vessel with a documented length overall greater than 65 ft (19.8 m) may
fish for golden crab in this sub-zone, and a vessel with a documented length overall of 65 ft (19.8 m)
or less that is permitted for the southern zone may fish for golden crab only in this sub-zone.
(4) Procedure for changing zones. Upon request from an owner of a permitted vessel, the RA will change
the zone specified on a permit from the middle or southern zone to the northern zone. No other
changes in the zone specified on a permit are allowed. An owner of a permitted vessel who desires a
change to the northern zone must submit his/her request with the existing permit to the RA.
(c) Transferring permits between vessels —
(1) Procedure for transferring. An owner of a vessel who desires a golden crab permit may request that
NMFS transfer an existing permit or permits to his or her vessel by returning an existing permit or
permits to the RA with an application for a permit for the replacement vessel.
(2) Vessel size limitations on transferring.
(i)

To obtain a permit for the middle or southern zone via transfer, the documented length overall
of the replacement vessel may not exceed the documented length overall, or aggregate
documented lengths overall, of the replaced vessel(s) by more than 20 percent. The owner of a
vessel permitted for the middle or southern zone who has requested that NMFS transfer that
permit to a smaller vessel (i.e., downsized) may subsequently request NMFS transfer that
permit to a vessel of a length calculated from the length of the permitted vessel immediately
prior to downsizing.

(ii) There are no vessel size limitations to obtain a permit for the northern zone via transfer.
(d) Permit renewal. NMFS will not renew a commercial vessel permit for South Atlantic golden crab if the
permit is revoked or if the RA does not receive a required application for renewal within 6 months after the
permit's expiration. See § 622.4(g) for the applicable general procedures and requirements for permit
renewals.

50 CFR 622.241(d) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.242

§ 622.242 Recordkeeping and reporting.
(a) Commercial vessel owners and operators.
(1) The owner or operator of a vessel for which a commercial permit for golden crab has been issued, as
required under § 622.240(a), who is selected to report by the SRD must maintain a fishing record on
a form available from the SRD.
(2) Reporting forms required in paragraph (a)(1) of this section must be submitted to the SRD
postmarked not later than 30 days after sale of the golden crab offloaded from a trip. If no fishing
occurred during a calendar month, a report so stating must be submitted on one of the forms
postmarked not later than 7 days after the end of that month. Information to be reported is indicated
on the form and its accompanying instructions.
(b) Dealers. A dealer who first receives South Atlantic golden crab must maintain records and submit
information as specified in § 622.5(c).
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014]

§ 622.243 Gear identification.
(a) Golden crab traps and associated buoys —
(1) Golden crab traps. A golden crab trap used or possessed in the South Atlantic EEZ or on board a
vessel with a commercial permit for golden crab must have the commercial vessel permit number
permanently affixed so as to be easily distinguished, located, and identified; an identification tag
issued by the RA may be used for this purpose but is not required.
(2) Associated buoys. In the South Atlantic EEZ, buoys are not required to be used, but, if used, each
buoy must display the official number assigned by the RA so as to be easily distinguished, located,
and identified.
(3) Presumption of ownership. A golden crab trap in the EEZ will be presumed to be the property of the
most recently documented owner. This presumption will not apply with respect to such traps that are
lost or sold if the owner reports the loss or sale within 15 days to the RA.
(4) Unmarked golden crab traps. An unmarked golden crab trap or a buoy deployed in the EEZ where
such trap or buoy is required to be marked is illegal and may be disposed of in any appropriate
manner by the Assistant Administrator or an authorized officer.
(b) [Reserved]

§ 622.244 At-sea observer coverage.
(a) Required coverage. A vessel for which a Federal commercial permit for golden crab has been issued must
carry a NMFS-approved observer, if the vessel's trip is selected by the SRD for observer coverage.
(b) Notification to the SRD. When observer 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).

50 CFR 622.244(b)(2) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.244(c)

(c) Observer accommodations and access. 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 duties.
(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon
request to determine the vessel's position.
(4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins,
weight scales, holds, and any other space used to hold, process, weigh, or store fish.
(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.

§ 622.245 Prohibited species.
(a) General. The harvest and possession 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 applicable to that vessel.
(b) Female golden crabs. It is intended that no female golden crabs in or from the South Atlantic EEZ be
retained on board a vessel and that any female golden crab in or from the South Atlantic EEZ be released
in a manner that will ensure maximum probability of survival. However, to accommodate legitimate
incidental catch and retention, the number of female golden crabs in or from the South Atlantic EEZ
retained on board a vessel may not exceed 0.5 percent, by number, of all golden crabs on board. See §
622.250(a) regarding the prohibition of sale of female golden crabs.
(c) Snapper-grouper aboard a golden crab vessel. South Atlantic snapper-grouper may not be possessed in
whole, gutted, or filleted form by a person aboard a vessel fishing for or possessing golden crab in or from
the South Atlantic EEZ or possessing a golden crab trap in the South Atlantic. Only the head, fins, and
backbone (collectively the “rack”) of South Atlantic snapper-grouper may be possessed for use as bait.

§ 622.246 Area closures.
(a) Golden crab trap closed areas. In the golden crab northern zone, a golden crab trap may not be deployed in
waters less than 900 ft (274 m) deep. In the golden crab middle and southern zones, a golden crab trap
may not be deployed in waters less than 700 ft (213 m) deep. See § 622.241(b)(1) for specification of the
golden crab zones.
(b) [Reserved]

§ 622.247 Landing golden crab intact.
The operator of a vessel that fishes in the EEZ is responsible for ensuring that golden crab on that vessel in the EEZ
are maintained intact and, if taken from the EEZ, are maintained intact through offloading ashore.
(a) A golden crab in or from the South Atlantic EEZ must be maintained in whole condition through landing
ashore. For the purposes of this paragraph, whole means a crab that is in its natural condition and that
has not been gutted or separated into component pieces, e.g., clusters.
(b) [Reserved]
50 CFR 622.247(b) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.248

§ 622.248 Authorized gear.
(a) Traps. Traps are the only fishing gear authorized in directed fishing for golden crab in the South Atlantic
EEZ. Golden crab in or from the South Atlantic EEZ may not be retained on board a vessel possessing or
using unauthorized gear.
(b) Buoy line or mainline. Rope is the only material allowed to be used for a buoy line or mainline attached to a
golden crab trap.

§ 622.249 Gear restrictions and requirements.
(a) Maximum trap sizes. A golden crab trap deployed or possessed in the South Atlantic EEZ may not exceed
64 ft3 (1.8 m3) in volume in the northern zone or 48 ft3 (1.4 m3) in volume in the middle and southern
zones. See § 622.241(b)(1) for specification of the golden crab zones.
(b) Required escape mechanisms for traps.
(1) A golden crab trap that is used or possessed in the South Atlantic EEZ must have at least one escape
gap or escape ring on each of two opposite vertical sides. The minimum allowable inside
dimensions of an escape gap are 2.75 by 3.75 inches (7.0 by 9.5 cm); the minimum allowable inside
diameter of an escape ring is 4.5 inches (11.4 cm). In addition to the escape gaps—
(i)

A golden crab trap constructed of webbing must have an opening (slit) at least 1 ft (30.5 cm)
long that may be closed (relaced) only with untreated cotton string no larger than 3⁄16 inch (0.48
cm) in diameter.

(ii) A golden crab trap constructed of material other than webbing must have an escape panel or
door measuring at least 117⁄8 by 117⁄8 inches (30.2 by 30.2 cm), located on at least one side,
excluding top and bottom. The hinges or fasteners of such door or panel must be made of
either ungalvanized or uncoated iron wire no larger than 19 gauge (0.04 inch (1.0 mm) in
diameter) or untreated cotton string no larger than 3⁄16 inch (4.8 mm) in diameter.
(2) [Reserved]
(c) Restriction on tending traps. A golden crab trap in the South Atlantic EEZ may be pulled or tended only by
a person (other than an authorized officer) aboard the vessel permitted to fish such pot or trap or aboard
another vessel if such vessel has on board written consent of the owner or operator of the vessel so
permitted. A vessel with written consent on board must also possess a valid commercial vessel permit
for golden crab.

§ 622.250 Restrictions on sale/purchase.
(a) A female golden crab in or from the South Atlantic EEZ may not be sold or purchased.
(b) A golden crab harvested in the South Atlantic EEZ on board a vessel that does not have a valid
commercial permit for golden crab, as required under § 622.240(a), may not be sold or purchased.
(c) A golden crab harvested in or from the EEZ or adjoining state waters by a vessel that has a valid
commercial vessel permit for South Atlantic golden crab may be sold or transferred only to a dealer who
has a valid Gulf and South Atlantic dealer permit, as required under § 622.240(b)(1).
(d) A golden crab harvested in or from the EEZ may be first received by a dealer who has a valid Gulf and
South Atlantic dealer permit, as required under § 622.240(b)(1), only from a vessel that has a valid
commercial vessel permit for golden crab.
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50 CFR 622.251

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014]

§ 622.251 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures
(AMs).
(a) Commercial sector.
(1) If commercial landings for golden crab, as estimated by the SRD, reach or are projected to reach the
ACL of 2 million lb (907,185 kg), round weight, the AA will file a notification with the Office of the
Federal Register to close the golden crab fishery for the remainder of the fishing year. On and after
the effective date of such a notification, all harvest, possession, sale, or purchase of golden crab in
or from the South Atlantic EEZ is prohibited.
(2) If commercial landings for golden crab, as estimated by the SRD, exceed the ACL, and the species is
overfished based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register to reduce the ACL in the following fishing year by
the amount of the ACL overage in the prior fishing year.
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 81 FR 3746, Jan. 22, 2016]

§ 622.252 Adjustment of management measures.
In accordance with the framework procedures of the FMP for the Golden Crab Fishery of the South Atlantic Region,
the RA may establish or modify the following:
(a) Biomass levels, age-structured analyses, maximum sustainable yield, acceptable biological catch, total
allowable catch, quotas (including quotas equal to zero), trip limits, minimum sizes, gear regulations and
restrictions, permit requirements, seasonal or area closures, sub-zones and their management measures,
time frame for recovery of golden crab if overfished, fishing year (adjustment not to exceed 2 months),
observer requirements, authority for the Regional Administrator to close the fishery when a quota is
reached or is projected to be reached, definitions of essential fish habitat (EFH), EFH habitat areas of
particular concern (HAPCs), or coral HAPCs, and allow transfer of the unharvested ACL to the following
fishing year.
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 89 FR 276, Jan. 3, 2024]

Subpart M—Dolphin and Wahoo Fishery of the Atlantic
§ 622.270 Permits.
(a) Commercial vessel permits.
(1) For a person aboard a vessel to be eligible for exemption from the bag and possession limits for
dolphin or wahoo in or from the Atlantic EEZ or to sell such dolphin or wahoo, a commercial vessel
permit for Atlantic dolphin and wahoo must be issued to the vessel and must be on board, except as
provided in paragraph (a)(2) of this section.

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50 CFR 622.270(a)(2)

(2) The provisions of paragraph (a)(1) of this section notwithstanding, a fishing vessel, except a vessel
operating as a charter vessel or headboat, that does not have a commercial vessel permit for
Atlantic dolphin and wahoo but has a Federal commercial vessel permit in any other fishery, is
exempt from the bag and possession limits for dolphin and wahoo and may sell dolphin and wahoo,
subject to the trip and geographical limits specified in § 622.278(a)(3). (A charter vessel/headboat
permit is not a commercial vessel permit.)
(b) Charter vessel/headboat permits.
(1) For a person aboard a vessel that is operating as a charter vessel or headboat to fish for or possess
Atlantic dolphin or wahoo, in or from the Atlantic EEZ, a valid charter vessel/headboat permit for
Atlantic dolphin and wahoo must have been issued to the vessel and must be on board.
(2) A charter vessel or headboat may have both a charter vessel/headboat permit and a commercial
vessel permit. However, when a vessel is operating 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 considered to be operating as a charter vessel or headboat,
respectively.
(c) [Reserved]
(d) Dealer permits and conditions —
(1) Permits. For a dealer to first receive Atlantic dolphin or wahoo harvested in or from the EEZ, a Gulf
and South Atlantic dealer permit must be issued to the dealer.
(2) State license and facility requirements. To obtain a dealer permit, the applicant must have a valid
state wholesaler's license in the state(s) where the dealer operates, if required by such state(s), and
must have a physical facility at a fixed location in such state(s).
(e) 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 at 79 FR 19496, Apr. 9, 2014; 87 FR 19018, Apr. 1, 2022]

§ 622.271 Recordkeeping and reporting.
(a) Commercial vessel owners and operators —
(1) Reporting requirement. The owner or operator of a vessel for which a commercial permit for Atlantic
dolphin and wahoo has been issued, as required under § 622.270(a)(1), or whose vessel fishes for or
lands Atlantic dolphin or wahoo in or from state waters adjoining the Atlantic EEZ, who is selected to
report by the SRD must maintain a fishing record on a form available from the SRD and must submit
such record as specified in paragraph (a)(2) of this section.
(2) Reporting deadlines. Completed fishing records required by paragraph (a)(1) of this section must be
submitted to the SRD postmarked not later than 7 days after the end of each fishing trip. If no fishing
occurred during a calendar month, a report so stating must be submitted on one of the forms
postmarked not later than 7 days after the end of that month. Information to be reported is indicated
on the form and its accompanying instructions.
(b) Charter vessel/headboat owners and operators —
(1) General reporting requirement —
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(i)

50 CFR 622.271(b)(1)(i)

Charter vessels. The owner or operator of a charter vessel for which a charter vessel/headboat
permit for Atlantic dolphin and wahoo has been issued, as required under § 622.270(b)(1), and
whose vessel is operating as a charter vessel, must record all fish harvested and discarded, and
any other information requested by the SRD for each trip, and submit an electronic fishing
report within the time period specified in paragraph (b)(2) of this section. The electronic fishing
report must be submitted to the SRD via NMFS-approved hardware and software, as specified
in paragraph (b)(5) of this section. If the owner or operator subject to this paragraph (b)(1)(i)
has been issued a Federal permit that requires more restrictive reporting requirements, as
determined by NMFS and posted on the NMFS Southeast Region website, reporting under
those more restrictive regulations will meet the requirements of this paragraph (b)(1)(i).

(ii) Headboats. The owner or operator of a headboat for which a charter vessel/headboat permit for
Atlantic dolphin and wahoo has been issued, as required under § 622.270(b)(1), and whose
vessel is operating as a headboat in state or Federal waters, must record all fish harvested and
discarded, and any other information requested by the SRD for each trip in state or Federal
waters, and submit an electronic fishing report within the time period specified in paragraph
(b)(2) of this section. The electronic fishing report must be submitted to the SRD via NMFSapproved hardware and software, as specified in paragraph (b)(5) of this section.
(2) Reporting deadlines for charter vessels and headboats. Completed electronic fishing reports required
by paragraph (b)(1) of this section must be submitted to the SRD by the Tuesday following each
previous reporting week of Monday through Sunday, or at shorter intervals if notified by the SRD. If
no fishing activity as a charter vessel or headboat occurred during a reporting week, an electronic
report so stating must be submitted by the Tuesday following that reporting week, or at a shorter
interval if notified by the SRD.
(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 paragraph (b)(1) of this
section. The RA will determine when catastrophic conditions exist, the duration of the catastrophic
conditions, and which participants or geographic areas are deemed affected by the catastrophic
conditions. The RA will provide timely notice to affected participants via publication of notification in
the FEDERAL REGISTER, and other appropriate means such as fishery bulletins or NOAA weather radio,
and will authorize the affected participants' use of paper forms for the duration of the catastrophic
conditions. The paper forms will be available from NMFS. During catastrophic conditions, the RA has
the authority to waive or modify reporting time requirements.
(4) Compliance requirements. Electronic reports required by paragraph (b)(1) of this section must be
submitted and received by NMFS according to the reporting requirements under this section. A
report not received within the applicable time specified in paragraph (b)(2) of this section is
delinquent. A delinquent report results in the owner and operator of a charter vessel or headboat for
which a charter vessel/headboat permit for Atlantic dolphin and wahoo has been issued being
prohibited from harvesting or possessing such species automatically, with no additional requirement
for NMFS to provide notice to the owner and operator of their delinquency. The owner and operator
who are prohibited from harvesting or possessing such species due to delinquent reports are
authorized to harvest or possess such species only after all required and delinquent reports have
been submitted and received by NMFS according to the reporting requirements under this section.
(5) Hardware and software requirements for electronic reporting. Owners and operators must submit
electronic reports using NMFS-approved hardware and software as posted on the NMFS Southeast
Region website.
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50 CFR 622.271(c)

(c) Dealers.
(1) A dealer who first receives Atlantic dolphin or wahoo must maintain records and submit information
as specified in § 622.5(c).
(2) Alternate SRD. For the purpose of § 622.5(c), in the states from Maine through Virginia, or in the
waters off those states, “SRD” means the Science and Research Director, Northeast Fisheries
Science Center, NMFS, or a designee.
(3) On demand, a dealer who has been issued a Gulf and South Atlantic dealer permit, as required under
§ 622.270(d)(1), must make available to an authorized officer all records of offloadings, purchases,
or sales of Atlantic dolphin or wahoo.
[78 FR 22952, Apr. 17, 2013, as amended at 78 FR 78781, Dec. 27, 2013; 79 FR 19496, Apr. 9, 2014; 85 FR 10340, Feb. 24, 2020]

§ 622.272 Authorized gear.
(a) Atlantic dolphin and wahoo —
(1) Authorized gear. Except as allowed in paragraph (a)(2) of this section, the following are the only
authorized gear types in the fishery for dolphin and wahoo in the Atlantic EEZ: Automatic reel, bandit
gear, handline, pelagic longline, rod and reel, and spearfishing gear (including powerheads). A person
aboard a vessel in the Atlantic EEZ that has on board gear types other than authorized gear types
may not possess a dolphin or wahoo.
(2) Trap, pot, and buoy gear authorization. A vessel in the Atlantic EEZ that possesses both a valid
Federal commercial permit for Atlantic dolphin and wahoo and any Federal commercial permit(s)
required that allow a vessel to fish using trap, pot, or buoy gear or that is in compliance with the
permitting requirements for the spiny lobster fishery of the Gulf of Mexico and South Atlantic as
described at § 622.400, is authorized to retain both dolphin and wahoo harvested by rod and reel
while in possession of trap, pot, or buoy gear. See § 622.278(a)(2)(ii) for the amount of dolphin that
may be retained under the commercial trip limits as described in this paragraph (a)(2). See §
622.278(a)(1)(ii) for the amount of wahoo that may be retained under the commercial trip limits as
described in this paragraph (a)(2).
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 87 FR 19018, Apr. 1, 2022]

§ 622.273 Conservation measures for protected species.
(a) Atlantic dolphin and wahoo pelagic longliners. The owner or operator of a vessel for which a commercial
permit for Atlantic dolphin and wahoo has been issued, as required under § 622.270(a)(1), and that has
on board a pelagic longline must post inside the wheelhouse the sea turtle handling and release
guidelines provided by NMFS. Such owner or operator must also comply with the sea turtle bycatch
mitigation measures, including gear requirements and sea turtle handling requirements, as specified in §
635.21(c)(5)(i) and (ii) of this chapter, respectively. For the purpose of this paragraph, a vessel is
considered to have pelagic longline gear on board when a power-operated longline hauler, a mainline,
floats capable of supporting the mainline, and leaders (gangions) with hooks are on board. Removal of
any one of these elements constitutes removal of pelagic longline gear.
(b) [Reserved]
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50 CFR 622.274

§ 622.274 Pelagic longline closed areas.
(a) If pelagic longline gear is on board a vessel, a person aboard such vessel may not fish for or retain a
dolphin or wahoo—
(1) In the Northeastern United States closed area from June 1 through June 30 each year. The
Northeastern United States closed area is that portion of the EEZ between 40° N. lat. and 39° N. lat.
from 68° W. long. to 74° W. long.
(2) In the Charleston Bump closed area from February 1 through April 30 each year. The Charleston
Bump closed area is that portion of the EEZ off North Carolina, South Carolina, and Georgia between
34° N. lat. and 31° N. lat. and west of 76° W. long.
(3) In the East Florida Coast closed area year round. The East Florida Coast closed area is that portion
of the EEZ off Georgia and the east coast of Florida from the inner boundary of the EEZ at 31° N. lat.;
thence due east to 78° W. long.; thence by a rhumb line to 28°17′ N. lat., 79°12′ W. long.; thence
proceeding in a southerly direction along the outer boundary of the EEZ to 24° N. lat.; thence due
west to 24° N. lat., 81°47′ W. long.; thence due north to the innermost boundary of the EEZ at 81°47′
W. long.
(b) A vessel is considered to have pelagic longline gear on board when a power-operated longline hauler, a
mainline, floats capable of supporting the mainline, and gangions with hooks are on board. Removal of
any one of these elements constitutes removal of pelagic longline gear.
(c) If a vessel is in a closed area during a time specified in paragraph (a) of this section with pelagic longline
gear on board, it is a rebuttable presumption that fish on board such vessel were taken with pelagic
longline gear in the closed area.

§ 622.275 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 Atlantic 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 responsible for ensuring that fish on board are in compliance with the size limits
specified in this section.
(a) Dolphin in the Atlantic off Florida, Georgia, and South Carolina —20 inches (50.8 cm), fork length.
(b) [Reserved]

§ 622.276 Landing fish intact.
(a) Dolphin or wahoo in or from the Atlantic EEZ must be maintained with head and fins intact, except as
specified in paragraph (b) of this section. Such fish may be eviscerated, gilled, and scaled, but must
otherwise be maintained in a whole condition. The operator of a vessel that fishes in the EEZ is
responsible for ensuring that fish on that vessel in the EEZ are maintained intact and, if taken from the
EEZ, are maintained intact through offloading ashore, as specified in this section.
(b) In the Atlantic EEZ, dolphin or wahoo lawfully harvested in Bahamian waters are exempt from the
requirement that they be maintained with head and fins intact, provided that the skin remains intact on the
entire fillet of any dolphin or wahoo carcasses, valid Bahamian fishing and cruising permits are on board
the vessel, each person on the vessel has a valid government passport with current stamps and dates
from The Bahamas, and the vessel is in transit through the Atlantic EEZ with fishing gear appropriately
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50 CFR 622.277

stowed. For the purpose of this paragraph, a vessel is in transit through the Atlantic EEZ when it is on a
direct and continuous course through the Atlantic EEZ and no one aboard the vessel fishes in the EEZ. For
the purpose of this paragraph, fishing gear appropriately stowed means that terminal gear (i.e., hook,
leader, sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy gear, handline, or rod and reel
must be disconnected and stowed separately from such fishing gear. Sinkers must be disconnected from
the down rigger and stowed separately.
[80 FR 80689, Dec. 28, 2015]

§ 622.277 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and possession limits.
(a) Atlantic dolphin and wahoo. Bag and possession limits are as follows:
(1) Dolphin.
(i)

In the Atlantic EEZ—10, not to exceed 54 per vessel, whichever is less, except on board a
headboat, 10 per paying passenger.

(ii) In the Atlantic EEZ and lawfully harvested in Bahamian waters (as per § 622.276(b))—10, not to
exceed 60 per vessel, whichever is less, except on board a headboat, 10 per paying passenger.
For the purposes of this paragraph, for determining how many dolphin are on board a vessel in
fillet form when harvested lawfully in Bahamian waters, two fillets of dolphin, regardless of the
length of each fillet, is equivalent to one dolphin. The skin must remain intact on the entire fillet
of any dolphin carcass.
(2) Wahoo.
(i)

In the Atlantic EEZ—2.

(ii) In the Atlantic EEZ and lawfully harvested in Bahamian waters (as per § 622.276(b))—2. For the
purposes of this paragraph, for determining how many wahoo are on board a vessel in fillet
form when harvested lawfully in Bahamian waters, two fillets of wahoo, regardless of the length
of each fillet, is equivalent to one wahoo. The skin must remain intact on the entire fillet of any
wahoo carcass.
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 80689, Dec. 28, 2015; 87 FR 19019, Apr. 1, 2022]

§ 622.278 Commercial trip limits.
Commercial trip limits are limits on the amount of Atlantic dolphin and wahoo 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, regardless of where such transfer takes
place, and such species may not be transferred in the EEZ. Commercial trip limits apply as follows (all weights are
round or eviscerated weights unless specified otherwise):
(a) Trip-limited permits —
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50 CFR 622.278(a)(1)

(1) Atlantic wahoo.
(i)

When using the fishing gear for wahoo and as authorized under § 622.272(a)(1), the trip limit
for wahoo in or from the Atlantic EEZ is 500 lb (227 kg). This trip limit applies to a vessel that
has a Federal commercial permit for Atlantic dolphin and wahoo, provided that the vessel is not
operating as a charter vessel or headboat.

(ii) When using the fishing gear for wahoo and as authorized and permitted as described under §
622.272(a)(2), the trip limit for wahoo in or from the Atlantic EEZ is 500 lb (227 kg). The trip
limit in this paragraph (a)(1)(ii) may not be combined with the trip limit specified in paragraph
(a)(1)(i) of this section.
(iii) See § 622.280(b)(1) for the limitations regarding wahoo after the ACL is reached.
(2) Atlantic dolphin.
(i)

Once 75 percent of the ACL specified in § 622.280(a)(1)(i) is reached, the trip limit is 4,000 lb
(1,814 kg), round weight. When the conditions in this paragraph (a)(3)(i) have been met, the
Assistant Administrator will implement this trip limit by filing a notification with the Office of the
Federal Register. This trip limit applies to a vessel that has a Federal commercial permit for
Atlantic dolphin and wahoo, provided that the vessel is not operating as a charter vessel or
headboat.

(ii) When using the fishing gear for dolphin and as authorized and permitted as described under §
622.272(a)(2), the trip limit for dolphin in or from the Atlantic EEZ is 500 lb (227 kg), gutted
weight. The trip limit in this paragraph (a)(2)(ii) may not be combined with the trip limit
specified in paragraph (a)(2)(i) of this section.
(iii) See § 622.280(a)(1) for the limitations regarding dolphin after the ACL is reached.
(3) Vessels without a Federal dolphin and wahoo commercial permit. The trip limit for a vessel that does
not have a Federal commercial vessel permit for Atlantic dolphin and wahoo but has a Federal
commercial vessel permit in any other fishery is 200 lb (91 kg) of dolphin and wahoo, combined,
provided that all fishing on and landings from that trip are north of 39° N lat. (A charter vessel/
headboat permit is not a commercial vessel permit.)
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 81 FR 96930, Dec. 30, 2016; 87 FR 19019, Apr. 1, 2022]

§ 622.279 Restrictions on sale/purchase.
(a) Dolphin or wahoo harvested in or from the Atlantic EEZ or adjoining state waters by a vessel that has a
valid commercial vessel permit for Atlantic dolphin and wahoo, as required under § 622.270(a)(1), or by a
vessel authorized a 200-lb (91-kg) trip limit for dolphin or wahoo, as specified in § 622.278(a)(2), may be
sold or transferred only to a dealer who has a valid Gulf and South Atlantic dealer permit, as required
under § 622.270(d)(1).
(b) In addition to the provisions of paragraph (a)(1) of this section, a person may not sell dolphin or wahoo
possessed under the recreational bag limit harvested in the Atlantic EEZ or adjoining state waters by a
vessel while it is operating as a charter vessel or headboat. A dolphin or wahoo harvested or possessed

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50 CFR 622.279(c)

by a vessel that is operating as a charter vessel or headboat with a Federal charter vessel/headboat
permit for Atlantic dolphin and wahoo may not be purchased or sold if harvested in or from the Atlantic
EEZ or adjoining state waters.
(c) Dolphin or wahoo harvested in or from the Atlantic EEZ may be first received only by a dealer who has a
valid Gulf and South Atlantic dealer permit, as required under § 622.270(d)(1), and only from a vessel
authorized to sell dolphin and wahoo under paragraph (a)(1) of this section.
(d) Dolphin or wahoo possessed pursuant to the bag and possession limits specified in § 622.277(a)(1)(ii)
and (a)(2)(ii) may not be sold or purchased.
[79 FR 19496, Apr. 9, 2014, as amended at 80 FR 80689, Dec. 28, 2015]

§ 622.280 Annual catch limits (ACLs) and accountability measures (AMs).
(a) Atlantic dolphin —
(1) Commercial sector.
(i)

If commercial landings for Atlantic dolphin, as estimated by the SRD, reach or are projected to
reach the commercial ACL of 1,719,953 lb (780,158 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. On and after the effective date of such a notification, all sale or
purchase of Atlantic dolphin is prohibited and harvest or possession of Atlantic dolphin in or
from the Atlantic EEZ is limited to the bag and possession limits. These bag and possession
limits apply in the Atlantic on board a vessel for which a valid Federal commercial or charter
vessel/headboat permit for Atlantic dolphin and wahoo has been issued, without regard to
where such species were harvested, i.e., in state or Federal waters.

(ii) In addition to the measures specified in paragraph (a)(1)(i) of this section, if the combined
Atlantic dolphin commercial and recreational landings exceed the combined commercial and
recreational ACLs specified in paragraphs (a)(1)(i) and (a)(2)(i) of this section, and Atlantic
dolphin are overfished, based on the most recent Status of U.S. Fisheries Report to Congress,
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 commercial ACL for that following year by the amount
of the commercial overage in the prior fishing year.
(2) Recreational sector. If the total ACL specified in paragraph (a)(3) of this section is exceeded in a
fishing year, then during the following fishing year, the AA will file a notification with the Office of the
Federal Register to reduce the length of the recreational fishing season by the amount necessary to
ensure that the recreational ACL is not exceeded during the fishing year following the total ACL
overage. However, the recreational fishing season will not be reduced in the following fishing year if
NMFS determines, based on the best scientific information available, that the reduction in the
recreational fishing season is unnecessary. The recreational ACL is 22,850,811 lb (10,364,954 kg),
round weight.
(3) Total ACL. The total ACL, commercial and recreation ACLs combined, for Atlantic dolphin, is
24,570,764 lb (11,145,111 kg), round weight.
(b) Atlantic wahoo —
(1) Commercial sector.
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(i)

50 CFR 622.280(b)(1)(i)

If commercial landings for Atlantic wahoo, as estimated by the SRD, reach or are projected to
reach the commercial ACL of 70,690 lb (32,064 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the commercial sector for the remainder of the
fishing year. On and after the effective date of such a notification, all sale or purchase of
Atlantic wahoo is prohibited and harvest or possession of Atlantic wahoo in or from the Atlantic
EEZ is limited to the bag and possession limits. These bag and possession limits apply in the
Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat
permit for Atlantic dolphin and wahoo has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.

(ii) In addition to the measures specified in paragraph (b)(1)(i) of this section, if the combined
Atlantic wahoo commercial and recreational landings exceed the combined commercial and
recreational ACLs specified in paragraphs (b)(1)(i) and (b)(2)(i) of this section, and Atlantic
wahoo are overfished, based on the most recent Status of U.S. Fisheries Report to Congress,
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 commercial ACL for that following year by the amount
of the commercial overage in the prior fishing year.
(2) Recreational sector. As described in the FMP, if average annual recreational landings, when
determined using 3-year geometric mean, exceed the recreational ACL of 2,814,613 lb (1,276,687
kg), round weight, then in the following fishing year, the AA will file a notification with the Office of the
Federal Register to reduce the length of the recreational fishing season by the amount necessary to
ensure that the recreational ACL is not exceeded during the fishing year following the recreational
ACL overage determination. However, the length of the recreational fishing season will not be
reduced in the following fishing year if NMFS determines, based on the best scientific information
available, that the reduction in the recreational fishing season is unnecessary.
[79 FR 32879, June 9, 2014, as amended at 81 FR 3746, Jan. 22, 2016; 87 FR 19019, Apr. 1, 2022]

§ 622.281 Adjustment of management measures.
In accordance with the framework procedures of the FMP for the Dolphin and Wahoo Fishery of the Atlantic, the RA
may establish or modify the following items specified in paragraph (a) of this section for Atlantic dolphin and
wahoo.
(a) Biomass levels, age-structured analyses, maximum sustainable yield, optimum yield, overfishing limit,
total allowable catch, acceptable biological catch (ABC), ABC control rule, annual catch limits, annual
catch targets, accountability measures, trip limits, minimum sizes, gear regulations and restrictions,
permit requirements, seasonal or area closures, sub-zones and their management measures, overfishing
definitions and other status determination criteria, time frame for recovery of Atlantic dolphin or wahoo if
overfished, fishing year (adjustment not to exceed 2 months), authority for the Regional Administrator to
close a fishery when a quota is reached or is projected to be reached or reopen a fishery when additional
quota becomes available, definitions of essential fish habitat (EFH), EFH habitat areas of particular
concern (HAPCs), or coral HAPCs, and allow transfer of the unharvested total or sector ACL to the
following fishing year.
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 32880, June 9, 2014; 85 FR 10340, Feb. 24, 2020; 89 FR 276, Jan. 3, 2024]
50 CFR 622.281(b) (enhanced display)

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50 CFR 622.300

Subpart N—Pelagic Sargassum Habitat of the South Atlantic Region
§ 622.300 At-sea observer coverage.
(a) Required coverage.
(1) A vessel that harvests or possesses pelagic sargassum on any trip in the South Atlantic EEZ must
carry a NMFS-approved observer.
(2) [Reserved]
(b) Notification to the SRD. When observer 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 access. 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 duties.
(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon
request to determine the vessel's position.
(4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins,
weight scales, holds, and any other space used to hold, process, weigh, or store fish.
(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.

§ 622.301 Area and seasonal restrictions.
(a) Pelagic sargassum area and seasonal restrictions —
(1) Area restrictions.
(i)

No person may harvest pelagic sargassum in the South Atlantic EEZ between 36°33′01.0″ N. lat.
(directly east from the Virginia/North Carolina boundary) and 34° N. lat., within 100 nautical
miles east of the North Carolina coast.

(ii) No person may harvest or possess pelagic sargassum in or from the South Atlantic EEZ south
of 34° N. lat.
(2) Seasonal restriction. No person may harvest or possess pelagic sargassum in or from the South
Atlantic EEZ during the months of July through October. This prohibition on possession does not
apply to pelagic sargassum that was harvested and landed ashore prior to the closed period.
(b) [Reserved]

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50 CFR 622.302

§ 622.302 Minimum mesh size.
(a) The minimum allowable mesh size for a net used to fish for pelagic sargassum in the South Atlantic EEZ
is 4.0 inches (10.2 cm), stretched mesh, and such net must be attached to a frame no larger than 4 ft by 6
ft (1.2 m by 1.8 m). A vessel in the South Atlantic EEZ with a net on board that does not meet these
requirements may not possess any pelagic sargassum.
(b) [Reserved]

§ 622.303 Quotas.
See § 622.8 for general provisions regarding quota applicability and closure and reopening procedures. This section
provides quotas and specific quota closure restrictions for South Atlantic pelagic sargassum.
(a) Quota. The quota for all persons who harvest pelagic sargassum in the South Atlantic EEZ is 5,000 lb
(2,268 kg), wet, landed weight. See § 622.301(a) for area and seasonal limitations on the harvest of
pelagic sargassum.
(b) Restrictions applicable after a quota closure. Pelagic sargassum may not be fished for or possessed in the
South Atlantic EEZ and the sale or purchase of pelagic sargassum in or from the South Atlantic EEZ is
prohibited. The prohibition on sale/purchase during a closure for pelagic sargassum does not apply to
pelagic sargassum that was harvested and landed ashore prior to the effective date of the closure.

Subparts O-P [Reserved]
Subpart Q—Coastal Migratory Pelagic Resources (Gulf of Mexico, South Atlantic, and MidAtlantic)
§ 622.369 Description of zones.
(a) Migratory groups of king mackerel. In the EEZ, king mackerel are divided into the Gulf migratory group and
the Atlantic migratory group. The Gulf migratory group is bound by a line extending east of the
U.S./Mexico border and a line extending east of the Miami-Dade/Monroe County, FL, boundary. The
Atlantic migratory group is bound by a line extending east of the Miami-Dade/Monroe County, FL,
boundary and a line from the intersection point of Connecticut, Rhode Island, and New York (as described
in § 600.105(a) of this chapter). The zone boundaries remain in place year round. See Table 1 of this
section for the boundary coordinates. See Figure 1 in Appendix G of this part for illustration.
(1) Gulf migratory group. The Gulf migratory group is divided into western, northern, and southern zones.
See Table 1 of this section for the boundary coordinates. See Figure 1 in Appendix G of this part for
illustration.
(i)

Western zone. The western zone encompasses an area of the EEZ north of a line extending east
of the US/Mexico border, and west of a line extending due south of the Alabama/Florida border,
including the EEZ off Texas, Louisiana, Mississippi, and Alabama.

(ii) Northern zone. The northern zone encompasses an area of the EEZ east of a line extending due
south of the Florida/Alabama border, and north of a line extending due west of the Lee/Collier
County, FL, boundary.

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50 CFR 622.369(a)(1)(iii)

(iii) Southern zone. The southern zone encompasses an area of the EEZ south of a line extending
due west of the Lee/Collier County, FL, boundary on the FL west coast, and south of a line
extending due east of the Monroe/Miami-Dade County, FL, boundary on the FL east coast,
which includes the EEZ off Collier and Monroe Counties, FL.
(2) Atlantic migratory group. The Atlantic migratory group is divided into the northern and southern
zones separated by a line extending from the North Carolina/South Carolina border, as specified in §
622.2. See Table 1 of this section for the boundary coordinates. See Figure 1 in Appendix G of this
part for illustration. See § 622.385(a)(1) for a description of the areas for Atlantic migratory group
king mackerel commercial trip limits.
(i)

Northern zone. The northern zone encompasses an area of the EEZ south of a line extending
from the intersection point of New York, Connecticut, and Rhode Island (as described in §
600.105(a) of this chapter), and north of a line extending from the North Carolina/South
Carolina border, as specified in § 622.2, including the EEZ off each state from North Carolina to
New York. This zone remains the same year round.

(ii) Southern zone. The southern zone encompasses an area of the EEZ south of a line extending
from the North Carolina/South Carolina border, as specified in § 622.2, and north of a line
extending due east of the Monroe/Miami-Dade County, FL, boundary.

Table 1 to § 622.369—King Mackerel Description of Zones
[For illustration, see Figure 1 in Appendix G of this part]
Area
Gulf Migratory
Group—Western
Zone

Boundary 1
U.S./Mexico, A line east of the
intersection of 25°58′30.57″ N. lat. and
96°55′27.37″ W. long

Boundary 2
AL/FL, 87°31′6″ W. long.

Gulf Migratory
AL/FL, 87°31′6″ W. long
Group—Northern
Zone

Lee/Collier, 26°19′48″ N. lat.

Gulf Migratory
Lee/Collier, 26°19′48″ N. lat
Group—Southern
Zone

Monroe/Miami-Dade, 25°20′24″ N. lat.

Atlantic
Migratory
Group—Northern
Zone

NY/CT/RI, 41°18′16.249″ N. lat. and
71°54′28.477″ W. long. southeast to
37°22′32.75″ N. lat. and the intersection
point with the outward boundary of the
EEZ

NC/SC, a line extending in a direction of
135°34′55″ from true north beginning at
33°51′07.9″ N. lat. and 78°32′32.6″ W.
long. to the intersection point with the
outward boundary of the EEZ.

Atlantic
Migratory
Group—Southern
Zone

NC/SC, a line extending in a direction of
135°34′55″ from true north beginning at
33°51′07.9″ N. lat. and 78°32′32.6″ W.
long. to the intersection point with the
outward boundary of the EEZ

Monroe/Miami-Dade, 25°20′24″ N. lat.

(b) Migratory groups of Spanish mackerel —

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50 CFR 622.369(b)(1)

(1) Gulf migratory group. In the EEZ, the Gulf migratory group is bounded by a line extending east of the
U.S./Mexico border and a line extending due east of the Monroe/Miami-Dade County, FL, boundary.
See Table 2 of this section for the boundary coordinates. See Figure 2 in Appendix G of this part for
illustration.
(2) Atlantic migratory group. In the EEZ, the Atlantic migratory group is bounded by a line extending due
east of the Monroe/Miami-Dade County, FL, boundary and a line extending from the intersection
point of New York, Connecticut, and Rhode Island (as described in § 600.105(a) of this chapter). The
Atlantic migratory group is divided into the northern and southern zones. See Table 2 of this section
for the boundary coordinates. See Figure 2 in Appendix G of this part for illustration. See §
622.385(b)(1) for a description of the areas for Atlantic migratory group Spanish mackerel
commercial trip limits.
(i)

Northern zone. The northern zone encompasses an area of the EEZ south of a line extending
from the intersection point of New York, Connecticut, and Rhode Island (as described in §
600.105(a) of this chapter), and north of a line extending from the North Carolina/South
Carolina border, as specified in § 622.2, including the EEZ off each state from North Carolina to
New York.

(ii) Southern zone. The southern zone encompasses an area of the EEZ south of a line extending
from the North Carolina/South Carolina border, as specified in § 622.2, and north of a line
extending due east of the Monroe/Miami-Dade County, FL, boundary, including the EEZ off
South Carolina, Georgia, and Florida.

Table 2 to § 622.369—Spanish Mackerel Description of Zones
[For illustration, see Figure 2 in Appendix G of this part]
Area

Boundary 1

Boundary 2

Gulf Migratory
Group

US/Mexico, A line east of the
intersection of 25°58′30.57″ N. lat. and
96°55′27.37″ W. long

Monroe/Miami-Dade, 25°20′24″ N. lat.

Atlantic
Migratory
Group—Northern
Zone

NY/CT/RI, 41°18′16.249″ N. lat. and
71°54′28.477″ W. long. southeast to
37°22′32.75″ N. lat. and the intersection
point with the outward boundary of the
EEZ

NC/SC, a line extending in a direction of
135°34′55″ from true north beginning at
33°51′07.9″ N. lat. and 78°32′32.6″ W.
long. to the intersection point with the
outward boundary of the EEZ.

Atlantic
Migratory
Group—Southern
Zone

NC/SC, a line extending in a direction of
135°34′55″ from true north beginning at
33°51′07.9″ N. lat. and 78°32′32.6″ W.
long. to the intersection point with the
outward boundary of the EEZ

Monroe/Miami-Dade, 25°20′24″ N. lat.

(c) Migratory groups of cobia —
(1) Gulf migratory group. In the EEZ, the Gulf migratory group is bounded by a line extending east from
the United States/Mexico border and a line extending due east from the Florida/Georgia border. See
Table 3 of this section for the boundary coordinates. (See Figure 3 in Appendix G of this part for
illustration.)
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(i)

50 CFR 622.369(c)(1)(i)

Gulf zone. The Gulf zone encompasses an area of the EEZ north of a line extending east of the
United States/Mexico border, and north and west of the line of demarcation between the
Atlantic Ocean and the Gulf of Mexico (the Council boundary, as described in § 600.105(c) of
this chapter).

(ii) Florida east coast zone. The Florida east coast zone encompasses an area of the EEZ south
and east of the line of demarcation between the Atlantic Ocean and the Gulf of Mexico (as
described in § 600.105(c) of this chapter), and south of a line extending due east from the
Florida/Georgia border.
(2) Atlantic migratory group. In the EEZ, the Atlantic migratory group is bounded by a line extending from
the intersection point of New York, Connecticut, and Rhode Island (as described in § 600.105(a) of
this chapter) and a line extending due east of the Florida/Georgia border. See Table 3 of this section
for the boundary coordinates. (See Figure 3 in Appendix G of this part for illustration.)

Table 3 to § 622.369—Cobia Description of Zones
[For illustration, see Figure 3 in Appendix G of this part]
Area

Boundary 1

Boundary 2

Gulf Migratory
Group—Gulf
Zone

US/Mexico, A line east of the intersection
of 25°58′30.57″ N. lat. and 96°55′27.37″ W.
long

Council Boundary—the intersection of the
outer boundary of the EEZ and 83°00′ W.
long., north to 24°35′ N. lat., (near the Dry
Tortugas Islands), then east to the
mainland.

Gulf Migratory
Group—Florida
East Coast
Zone

Council Boundary—the intersection of the
outer boundary of the EEZ and 83°00′ W.
long., north to 24°35′ N. lat., (near the Dry
Tortugas Islands), then east to the
mainland

FL/GA, 30°42′45.6″ N. lat.

Atlantic
Migratory
Group

NY/CT/RI, 41°18′16.249″ N. lat. and
71°54′28.477″ W. long. southeast to
37°22′32.75″ N. lat. and the intersection
point with the outward boundary of the EEZ

FL/GA, 30°42′45.6″ N. lat.

[82 FR 17394, Apr. 11, 2017]

§ 622.370 Permits.
(a) Commercial vessel permits —
(1) King mackerel. For a person aboard a vessel to be eligible for exemption from the bag limits, to fish
under a quota, or to sell king mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a
commercial vessel permit for king mackerel must have been issued to the vessel and must be on
board. See § 622.371 regarding a limited access system applicable to commercial vessel permits for
king mackerel and transfers of permits under the limited access system.

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50 CFR 622.370(a)(2)

(2) Gillnets for king mackerel in the Gulf southern zone. For a person aboard a vessel to use a run-around
gillnet for king mackerel in the southern zone (see § 622.369(a)(1)(iii)), a commercial vessel permit
for king mackerel and a king mackerel gillnet permit must have been issued to the vessel and must
be on board. See § 622.372 regarding a limited access system applicable to king mackerel gillnet
permits in the southern zone and restrictions on transferability of king mackerel gillnet permits.
(3) Spanish mackerel. For a person aboard a vessel to be eligible for exemption from the bag limits, to
fish under a quota, or to sell Spanish mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ,
a commercial vessel permit for Spanish mackerel must have been issued to the vessel and must be
on board.
(b) Charter vessel/headboat permits.
(1) For a person aboard a vessel that is operating as a charter vessel or headboat to fish for or possess,
in or from the EEZ, Gulf coastal migratory pelagic fish or Atlantic coastal migratory pelagic fish, a
valid charter vessel/headboat permit for Gulf coastal migratory pelagic fish or Atlantic coastal
migratory pelagic fish, respectively, must have been issued to the vessel and must be on board.
(i)

See § 622.373 regarding a limited access system for charter vessel/headboat permits for Gulf
coastal migratory pelagic fish.

(ii) A charter vessel or headboat may have both a charter vessel/headboat permit and a
commercial vessel permit. However, when a vessel is operating 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 considered to be operating
as a charter vessel or headboat, respectively.
(2) [Reserved]
(c) Dealer permits and conditions —
(1) Permits. For a dealer to first receive Gulf or Atlantic coastal migratory pelagic 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 requirements. To obtain a dealer permit, the applicant must have a valid
state wholesaler's license in the state(s) where the dealer operates, if required by such state(s), and
must have a physical facility at a fixed location in such state(s).
(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 at 79 FR 19496, Apr. 9, 2014; 79 FR 34250, June 16, 2014; 82 FR 17396, Apr. 11, 2017]

§ 622.371 Limited access system for commercial vessel permits for king mackerel.
(a) No applications for additional commercial vessel permits for king mackerel will be accepted. Existing
vessel permits may be renewed, are subject to the restrictions on transfer or change in paragraph (b) of
this section, and are subject to the requirement for timely renewal in paragraph (c) of this section.
(b) An owner of a permitted vessel may transfer the commercial vessel permit for king mackerel issued under
this limited access system to another vessel owned by the same entity. A permit holder may also transfer
the commercial vessel permit for king mackerel to the owner of another vessel or to a new vessel owner
when he or she transfers ownership of the permitted vessel.
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50 CFR 622.371(c)

(c) NMFS will not reissue a commercial vessel permit for king mackerel if the permit is revoked or if the RA
does not receive an application for renewal within one year of the permit's expiration date.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 34250, June 16, 2014; 80 FR 78674, Dec. 17, 2015; 85 FR 22045, Apr. 21, 2020]

§ 622.372 Limited access system for king mackerel gillnet permits applicable in the Gulf
southern zone.
(a) Except for applications for renewals of king mackerel gillnet permits, no applications for king mackerel
gillnet permits will be accepted. Application forms for permit renewal are available from the RA.
(b) An owner of a vessel with a king mackerel gillnet permit issued under this limited access system may
transfer that permit upon a change of ownership of a permitted vessel with such permit from one to
another of the following: Husband, wife, son, daughter, brother, sister, mother, or father. Such permit also
may be transferred to another vessel owned by the same entity.
(c) A king mackerel gillnet permit 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 received by the RA within one year
after the expiration date of the permit.
(d) Renewal criteria for a king mackerel gillnet permit. A king mackerel gillnet permit may be renewed only if
NMFS determines at least 1 year of landings from 2006 to 2015 associated with that permit was greater
than 1 lb (0.45 kg), round or gutted weight.
(1) Initial determination. On or about December 24, 2015, the RA will mail each king mackerel gillnet
permittee a letter via certified mail, return receipt requested, to the permittee's address of record as
listed in NMFS' permit files, advising the permittee whether the permit is eligible for renewal. A
permittee who does not receive a letter from the RA, must contact the RA no later than December 31,
2015, to clarify the renewal status of the permit. A permittee who is advised that the permit is not
renewable based on the RA's determination of eligibility and who disagrees with that determination
may appeal that determination.
(2) Procedure for appealing landings information. The only item subject to appeal is the landings used to
determine whether the permit is eligible for renewal. Appeals based on hardship factors will not be
considered. Any appeal under this regulation will be processed by the NMFS National Appeals Office.
Appeals will be governed by the regulations and policy of the National Appeals Office at 15 CFR part
906. Appeals must be submitted to the National Appeals Office no later than 90 days after the date
the initial determination in issued. Determinations of appeals regarding landings data for 2006 to
2015 will be based on NMFS' logbook records, submitted on or before February 16, 2016. If NMFS'
logbooks are not available, state landings records or data for 2006 to 2015 that were submitted in
compliance with applicable Federal and state regulations on or before February 16, 2016, may be
used.
[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 78674, Dec. 17, 2015; 80 FR 80686, Dec. 28, 2015]

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50 CFR 622.373

§ 622.373 Limited access system for charter vessel/headboat permits for Gulf coastal migratory
pelagic fish.
(a) General. No applications for additional charter vessel/headboat permits for Gulf coastal migratory pelagic
fish will be accepted. Existing permits may be renewed, are subject to the restrictions on transfer in
paragraph (b) of this section, and are subject to the renewal requirements in paragraph (c) of this section.
An eligible charter vessel/headboat permit with a historical captain endorsement may be converted to a
charter vessel/headboat permit without a historical captain endorsement, per procedures at paragraph (f)
of this section.
(b) Transfer of permits —
(1) Permits without a historical captain endorsement. A charter vessel/headboat permit for Gulf coastal
migratory pelagic fish that does not have a historical captain endorsement is fully transferable, with
or without sale of the permitted vessel.
(2) Permits with a historical captain endorsement. A charter vessel/headboat permit for Gulf coastal
migratory pelagic fish that has a historical captain endorsement may only be transferred to a vessel
operated by the historical captain and is not otherwise transferable.
(3) Procedure for permit transfer. To request that the RA transfer a charter vessel/headboat permit for
Gulf coastal migratory pelagic 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 side of the permit and return the permit and a completed application for transfer to
the RA. See § 622.4(f) for additional transfer-related requirements applicable to all permits issued
under this section.
(c) Renewal.
(1) Renewal of a charter vessel/headboat permit for Gulf coastal migratory pelagic fish is contingent
upon compliance with the recordkeeping and reporting requirements specified in § 622.374(b).
(2) A charter vessel/headboat permit for Gulf coastal migratory pelagic 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 required, is not received by the RA within 1 year of the expiration date of the permit.
(d) Requirement to display a vessel decal. Upon renewal or transfer of a charter vessel/headboat permit for
Gulf coastal migratory pelagic fish, the RA will issue the owner of the permitted vessel a vessel decal for
that fishery. The vessel decal must be displayed on the port side of the deckhouse or hull and must be
maintained so that it is clearly visible.
(e) Passenger capacity compliance requirement. A vessel operating as a charter vessel or headboat with a
valid charter vessel/headboat permit for Gulf coastal migratory pelagic fish, which is carrying more
passengers on board the vessel than is specified on the permit, is prohibited from harvesting or
possessing the species identified on the permit.
(f) Procedure for conversion of permit with historical captain endorsement. A charter vessel headboat permit
with a historical captain endorsement may be converted to a charter vessel/headboat permit for Gulf
coastal migratory pelagic fish without a historical captain endorsement as described in paragraph (b)(1)
of this section. A charter vessel/headboat permit with a historical captain endorsement that is converted
to a charter vessel/headboat permit without a historical captain endorsement will retain the same vessel
permit maximum passenger capacity as the permit it replaces. To convert an eligible charter vessel/
headboat permit with a historical captain endorsement, the permit holder must submit a permit
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50 CFR 622.374

application to the RA by July 30, 2025. If no application to convert an eligible charter vessel/headboat
permit with a historical captain endorsement is submitted by July 30, 2025, the permit holder will retain a
charter vessel/headboat permit with the historical captain endorsement that is subject to the restrictions
described in paragraph (b)(2) of this section.
[78 FR 22952, Apr. 17, 2013, as amended 78 FR 46293, July 31, 2013; 85 FR 22045, Apr. 21, 2020; 85 FR 44019, July 21, 2020; 88
FR 42272, June 30, 2023]

§ 622.374 Recordkeeping and reporting.
(a) Commercial vessel owners and operators. The owner or operator of a vessel that fishes for or lands
coastal migratory pelagic fish for sale in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ or adjoining
state waters, or whose vessel is issued a commercial permit for king or Spanish mackerel, as required
under § 622.370(a)(1) or (3), respectively, 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 submitted to the SRD
postmarked not later than 7 days after the end of each fishing trip. If no fishing occurred during a calendar
month, a report so stating must be submitted on one of the forms postmarked not later than 7 days after
the end of that month. Information to be reported is indicated on the form and its accompanying
instructions.
(b) Charter vessel/headboat owners and operators —
(1) General reporting requirement —
(i)

Gulf of Mexico. The owner or operator of a charter vessel or headboat for which a charter
vessel/headboat permit for Gulf coastal migratory pelagic fish has been issued, as required
under § 622.370(b)(1), and whose vessel is operating 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 period
specified in paragraph (b)(2)(i) of this section. An electronic fishing report must be submitted to
the SRD via NMFS approved hardware and software, as specified in paragraph (b)(5)(i) of this
section. If selected by the SRD, the owner or operator of a vessel for which a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish has been issued must report via the
NMFS approved software for the Southeast Region Headboat Survey.

(ii) Atlantic —
(A) Charter vessels. The owner or operator of a charter vessel for which a charter vessel/
headboat permit for Atlantic coastal migratory pelagic fish has been issued, as required
under § 622.370(b)(1), and whose vessel is operating as a charter vessel, must record all
fish harvested and discarded, and any other information requested by the SRD for each
trip, and submit an electronic fishing report within the time period specified in paragraph
(b)(2)(ii) of this section. The electronic fishing report must be submitted to the SRD via
NMFS-approved hardware and software, as specified in paragraph (b)(5) of this section. If
the owner or operator subject to this paragraph (b)(1)(ii)(A) has been issued a Federal
permit that requires more restrictive reporting requirements, as determined by NMFS and
posted on the NMFS Southeast Region website, reporting under those more restrictive
regulations will meet the requirements of this paragraph (b)(1)(ii)(A).

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50 CFR 622.374(b)(1)(ii)(B)

(B) Headboats. The owner or operator of a headboat for which a charter vessel/headboat
permit for Atlantic coastal migratory pelagic fish has been issued, as required under §
622.370(b)(1), and whose vessel is operating as a headboat in state or Federal waters,
must record all fish harvested and discarded, and any other information requested by the
SRD for each trip in state or Federal waters, and submit an electronic fishing report within
the time period specified in paragraph (b)(2)(ii) of this section. The electronic fishing
report must be submitted to the SRD via NMFS-approved hardware and software, as
specified in paragraph (b)(5) of this section.
(2) Reporting deadlines —
(i)

Gulf of Mexico. Completed electronic fishing reports required by paragraph (b)(1)(i) of this
section must be submitted to the SRD prior to removing any fish from the vessel. If no fish were
retained by any person on the vessel during a trip, the completed electronic fishing report must
be submitted to the SRD within 30 minutes of the completion of the trip, e.g., arrival at the dock.

(ii) Atlantic. Completed electronic fishing reports required by paragraph (b)(1)(ii) of this section
must be submitted to the SRD by the Tuesday following each previous reporting week of
Monday through Sunday, or at shorter intervals if notified by the SRD. If no fishing activity as a
charter vessel or headboat occurred during a reporting week, an electronic report so stating
must be submitted by the Tuesday following that reporting week, or at a shorter interval if
notified by the SRD.
(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 paragraphs (b)(1)(i)
and (ii) of this section. The RA will determine when catastrophic conditions exist, the duration of the
catastrophic conditions, and which participants or geographic areas are deemed affected by the
catastrophic conditions. The RA will provide timely notice to affected participants via publication of
notification in the FEDERAL REGISTER, and other appropriate means, such as fishery bulletins or NOAA
weather radio, and will authorize the affected participants' use of paper-based components for the
duration of the catastrophic conditions. The paper forms will be available from NMFS. During
catastrophic conditions, the RA has the authority to waive or modify reporting time requirements.
(4) Compliance requirement. Electronic reports required by paragraphs (b)(1)(i) and (ii) of this section
must be submitted and received by NMFS according to the reporting requirements under this
section. A report not received within the applicable time specified in paragraphs (b)(2)(i) or (ii) of this
section is delinquent. A delinquent report automatically results in the owner and operator of a
charter vessel or headboat for which a charter vessel/headboat permit for Gulf or Atlantic coastal
migratory pelagic fish has been issued, as required under § 622.370(b)(1), being prohibited 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 harvesting or
possessing such species due to delinquent reports are authorized to harvest or possess such
species only after all required and delinquent reports have been submitted and received by NMFS
according to the reporting requirements under this section.
(5) Hardware and software requirements for electronic reporting —
(i)

Owner or operator applicability. An owner or operator of a vessel for which a charter vessel/
headboat permit for Gulf or Atlantic coastal migratory pelagic fish has been issued must
submit electronic reports using NMFS-approved hardware and software as posted on the NMFS
Southeast Region website.

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50 CFR 622.374(b)(5)(ii)

(ii) Vessel applicability. For a vessel for which a charter vessel/headboat permit for Gulf coastal
migratory pelagic fish has been issued, the NMFS-approved hardware and software must have
a minimum capability of archiving GPS locations, and the cellular or satellite VMS must be
permanently affixed to the vessel and have uninterrupted operation.
(iii) Use of a NMFS-approved satellite VMS. An owner or operator of a vessel for which a charter
vessel/headboat permit for Gulf coastal migratory pelagic fish has been issued, and who uses a
NMFS-approved satellite VMS to comply with the reporting and recordkeeping requirements of
this section, must adhere to the VMS requirements for the Gulf reef fish fishery 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.
(iv) Use of NMFS-approved cellular VMS. An owner or operator of a vessel for which a charter
vessel/headboat permit for Gulf coastal migratory pelagic fish has been issued, and who uses
NMFS-approved cellular VMS to comply with reporting and recordkeeping requirements of this
section must comply with the following—
(A) Cellular VMS unit operation and replacement. Ensure that such vessel has an operating
cellular VMS unit approved 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)(iv)(D) of this section. An operating cellular VMS unit includes an
operating mobile transmitting unit on the vessel and a functioning communication link
between the unit and NMFS as provided by a NMFS-approved communication service
provider. NMFS maintains a current 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-mexico-branch. If NMFS OLE removes a cellular
VMS unit from the approved list, a vessel owner who purchased and installed such a unit
prior to its removal from the approved list will still comply with the requirement to have an
approved unit, unless otherwise notified by NMFS. At the end of a cellular VMS unit's
service life, it must be replaced with a currently approved unit.
(B) Hourly position reporting requirement. An owner or operator of a vessel using a NMFSapproved cellular VMS unit as specified in paragraph (b)(5)(iv)(A) of this section must
ensure that the required cellular VMS unit archives 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 paragraphs (b)(5)(iv)(C) or (D) of this section.
(C) In-port exemption. While in port, an owner or operator of a vessel with a NMFS-approved
cellular VMS unit configured with the 4-hour position reporting feature may utilize the
4-hour reporting feature rather than comply with the hourly position reporting requirement
specified in paragraph (b)(5)(iv)(B) of this section. Once the vessel is no longer in port, the
hourly position reporting requirement specified in paragraph (b)(5)(iv)(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)(iv)(A) of
this section can be exempted from that requirement and may power down the required
cellular VMS unit if—

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50 CFR 622.374(b)(5)(iv)(D)(1)

(1) The vessel will be continuously out of the water or in port, as defined in paragraph
(b)(5)(iv)(C) of this section, for more than 72 consecutive hours; and
(2) The owner or operator of the vessel applies for and obtains a valid letter of
exemption from NMFS. The letter 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)(iv)(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, permit number of the Gulf coastal migratory pelagic charter vessel/
headboat permit, vessel port location during cellular VMS power down, estimated
duration of the power-down exemption, and reason for power down; and
(4) Prior to powering down the cellular 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 cellular VMS unit. Only a cellular VMS unit that has been
approved by NMFS for the Gulf coastal migratory pelagic fishery may be used, and the
cellular VMS unit must be installed by a qualified marine electrician. 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 the operation of the cellular VMS, or attempt any of the same.
(G) Interruption of operation of the cellular VMS. If a vessel's cellular VMS is not operating
properly, the vessel owner or operator must immediately contact NMFS and follow NMFS'
instructions. If notified by NMFS that a vessel's cellular VMS is not operating properly, the
vessel owner or operator must follow NMFS' instructions. In either event, such instructions
may include, but are not limited to, manually communicating to a location designated by
NMFS the vessel's positions or returning to port until the cellular VMS is operable.
(v) Access to position data. As a condition of authorized fishing for or possession of Gulf coastal
migratory pelagic fish subject to the reporting and recordkeeping requirements 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 position data obtained from the cellular VMS.
(6) Trip declaration requirements in the Gulf. 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, regardless of the duration or purpose, including non-fishing activities.
Prior to departure for each trip, the owner or operator of a vessel for which a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish has been issued must notify NMFS and
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50 CFR 622.374(c)

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 receives Gulf or Atlantic coastal migratory pelagic fish must maintain records and
submit information as specified in § 622.5(c).
(2) Alternate SRD. For the purpose of § 622.5(c), in the states from New York through Virginia, or in the
waters off those states, “SRD” means the Science and Research Director, Northeast Fisheries
Science Center, NMFS, or a designee.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 6100, Feb. 3, 2014; 79 FR 19496, Apr. 9, 2014; 82 FR 17396, Apr. 11, 2017; 85
FR 10339, Feb. 24, 2020; 85 FR 44017, July 21, 2020]

§ 622.375 Authorized and unauthorized gear.
(a) Authorized gear —
(1) King and Spanish mackerel. Subject to the prohibitions on gear/methods specified in § 622.9, the
following are the only fishing gears that may be used in the Gulf, Mid-Atlantic, and South Atlantic EEZ
in directed fisheries for king and Spanish mackerel:
(i)

King mackerel, Atlantic migratory group —
(A) North of 34°37.3′ N. lat., the latitude of Cape Lookout Light, NC—all gear except drift gillnet
and long gillnet.
(B) South of 34°37.3′ N. lat.—automatic reel, bandit gear, handline, and rod and reel.

(ii) King mackerel, Gulf migratory group —hook-and-line gear and, in the southern zone only, runaround gillnet. (See § 622.369(a)(1)(iii) for a description of the southern zone.)
(iii) Spanish mackerel, Atlantic migratory group —automatic reel, bandit gear, handline, rod and reel,
cast net, run-around gillnet, and stab net.
(iv) Spanish mackerel, Gulf migratory group —all gear except drift gillnet, long gillnet, and purse
seine.
(2) Cobia, Gulf migratory group. Subject to the prohibitions on gear/methods specified in § 622.9, the
following are the only fishing gears that may be used in the Gulf EEZ, and in the South Atlantic EEZ
south of a line extending due east from the Florida/Georgia border for cobia—all gear except drift
gillnet and long gillnet.
(b) Unauthorized gear. Gear types other than those specified in paragraph (a) of this section are unauthorized
gear and the following possession limitations apply:
(1) Long gillnets. A vessel with a long gillnet on board in, or that has fished on a trip in, the Gulf, MidAtlantic, or South Atlantic EEZ may not have on board on that trip a coastal migratory pelagic fish.
(2) Drift gillnets. A vessel with a drift gillnet on board in, or that has fished on a trip in, the Gulf EEZ may
not have on board on that trip a coastal migratory pelagic fish.
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50 CFR 622.375(b)(3)

(3) Other unauthorized gear. Except as specified in paragraph (b)(4) of this section, a person aboard a
vessel with unauthorized gear other than a drift gillnet in the Gulf EEZ or a long gillnet on board in, or
that has fished in, the EEZ where such gear is not authorized in paragraph (a) of this section, is
subject to the bag limits for king and Spanish mackerel specified in § 622.382(a)(1)(ii) and (iv),
respectively, and to the limit on cobia specified in § 622.383(b).
(4) Exception for king mackerel in the Gulf EEZ. The provisions of this paragraph (b)(4) apply to king
mackerel taken in the Gulf EEZ and to such king mackerel possessed in the Gulf. Paragraph (b)(3) of
this section notwithstanding, a person aboard a vessel that has a valid commercial permit for king
mackerel is not subject to the bag limit for king mackerel when the vessel has on board on a trip
unauthorized gear other than a drift gillnet in the Gulf EEZ, a long gillnet, or a run-around gillnet in an
area other than the southern zone. Thus, the following applies to a vessel that has a commercial
permit for king mackerel:
(i)

Such vessel may not use unauthorized gear in a directed fishery for king mackerel in the Gulf
EEZ.

(ii) If such a vessel has a drift gillnet or a long gillnet on board or a run-around gillnet in an area
other than the southern zone, no king mackerel may be possessed.
(iii) If such a vessel has unauthorized gear on board other than a drift gillnet in the Gulf EEZ, a long
gillnet, or a run-around gillnet in an area other than the southern zone, the possession of king
mackerel taken incidentally is restricted only by the closure provisions of § 622.384(e) and the
trip limits specified in § 622.385(a). See also § 622.379 regarding the purse seine catch
allowances of king mackerel.
[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 4221, Jan. 27, 2015; 82 FR 17396, Apr. 11, 2017; 84 FR 4736, Feb. 19, 2019]

§ 622.376 Gear identification.
(a) Spanish mackerel gillnet buoys. On board a vessel with a valid Spanish mackerel permit that is fishing for
Spanish mackerel in, or that possesses Spanish mackerel in or from, the South Atlantic EEZ off Florida
north of 25°20.4′ N. lat., which is a line directly east from the Miami-Dade/Monroe County, FL, boundary,
the float line of each gillnet possessed, including any net in use, must have a maximum of nine distinctive
floats, i.e., different from the usual net buoys, spaced uniformly at a distance of 100 yd (91.4 m) or less.
Each such distinctive float must display the official number of the vessel.
(b) [Reserved]

§ 622.377 Gillnet restrictions.
(a) Gillnets for king mackerel. The minimum allowable mesh size for a gillnet used to fish in the Gulf, MidAtlantic, or South Atlantic EEZ for king mackerel is 4.75 inches (12.1 cm), stretched mesh. A vessel in
such EEZ, or having fished on a trip in such EEZ, with a gillnet on board that has a mesh size less than
4.75 (12.1 cm) inches, stretched mesh, may not possess on that trip an incidental catch of king mackerel
that exceeds 10 percent, by number, of the total lawfully possessed Spanish mackerel on board.
(b) Gillnets for Spanish mackerel.
(1) The minimum allowable mesh size for a gillnet used to fish for Spanish mackerel in the Gulf, MidAtlantic, or South Atlantic EEZ is 3.5 inches (8.9 cm), stretched mesh.

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(i)

50 CFR 622.377(b)(1)(i)

A vessel in the Gulf EEZ, or having fished on a trip in the Gulf EEZ, with a gillnet on board that
has a mesh size less than 3.5 inches (8.9 cm), stretched mesh, may not possess on that trip
any Spanish mackerel.

(ii) A vessel in the South Atlantic or Mid-Atlantic EEZ, or having fished on a trip in such EEZ, with a
gillnet on board that has a mesh size less than 3.5 inches (8.9 cm), stretched mesh, may
possess or land on the day of that trip no more than 500 lb (227 kg) of incidentally caught
Spanish mackerel.
(2) On board a vessel with a valid Spanish mackerel permit that is fishing for Spanish mackerel in, or that
possesses Spanish mackerel in or from, the South Atlantic EEZ off Florida north of 25°20.4′ N. lat.,
which is a line directly east from the Miami-Dade/Monroe County, FL, boundary—
(i)

No person may fish with, set, place in the water, or have on board a gillnet with a float line longer
than 800 yd (732 m).

(ii) No person may fish with, set, or place in the water more than one gillnet at any one time.
(iii) No more than two gillnets, including any net in use, may be possessed at any one time, except
for a vessel with a valid commercial vessel permit for Spanish mackerel engaged in a transfer
as specified in paragraph (b)(2)(vi) of this section. If two gillnets, including any net in use, are
possessed at any one time, they must have stretched mesh sizes (as allowed under the
regulations) that differ by at least .25 inch (.64 cm), except for a vessel with a valid commercial
vessel permit for Spanish mackerel engaged in a transfer as specified in paragraph (b)(2)(vi) of
this section, in which case the vessel may possess two gillnets of the same mesh size provided
that one of the nets is transferred to that vessel.
(iv) No person may soak a gillnet for more than 1 hour. The soak period begins when the first mesh
is placed in the water and ends either when the first mesh is retrieved back on board the vessel
or the gathering of the gillnet is begun to facilitate retrieval on board the vessel, whichever
occurs first; providing that, once the first mesh is retrieved or the gathering is begun, the
retrieval is continuous until the gillnet is completely removed from the water.
(v) The float line of each gillnet possessed, including any net in use, must have the distinctive
floats specified in § 622.376(a).
(vi) A portion of a gillnet may be transferred at sea only in the EEZ and only from a vessel with a
valid commercial vessel permit for Spanish mackerel that has exceeded a trip limit specified in
§ 622.385 (b) to another vessel with a valid commercial vessel permit for Spanish mackerel
that has not yet reached the trip limit (the receiving vessel). Only one such transfer is allowed
per vessel per day. In addition, to complete a legal transfer at sea, all of the following must
apply:
(A) All fish exceeding the applicable commercial trip limit may not be removed from the gillnet
until the transfer is complete (i.e., the gillnet is onboard the receiving vessel). The fish
transferred to the receiving vessel may not exceed the applicable commercial trip limit.
(B) The receiving vessel may possess no more than three gillnets on board after the transfer is
complete.
(C) Prior to cutting the gillnet and prior to any transfer of Spanish mackerel from one vessel to
another, the owner or operator of both vessels must contact NMFS Office for Law
Enforcement, St Petersburg, Florida, phone: 1-727-824-5344.
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50 CFR 622.378

[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 68805, Nov. 19, 2014; 84 FR 47904, Sept. 11, 2019]

§ 622.378 Seasonal closures of the Gulf migratory group king mackerel gillnet fishery.
(a) Seasonal closure of the gillnet component for Gulf migratory group king mackerel. The gillnet component
for Gulf migratory group king mackerel in or from the southern zone is closed each fishing year from July
1 until 6 a.m. eastern standard time on the day after the Martin Luther King Jr. Federal holiday. During the
closure, a person aboard a vessel using or possessing a gillnet with a stretched-mesh size of 4.75 inches
(12.1 cm) or larger in the southern zone may not fish for or possess Gulf migratory group king mackerel.
(See § 622.369(a)(1)(iii) for a description of the southern zone.)
(b) [Reserved]
[80 FR 4221, Jan. 27, 2015, as amended at 82 FR 17396, Apr. 11, 2017; 88 FR 61477, Sept. 7, 2023]

§ 622.379 Incidental catch allowances.
(a) Purse seine incidental catch allowance. A vessel in the EEZ, or having fished in the EEZ, with a purse seine
on board will not be considered as fishing, or having fished, for king or Spanish mackerel in violation of a
prohibition of purse seines under § 622.375(b), in violation of the possession limits under §
622.375(b)(3), or, in the case of king mackerel from the Atlantic migratory group, in violation of a closure
effected in accordance with § 622.8(b), provided the king mackerel on board does not exceed 1 percent,
or the Spanish mackerel on board does not exceed 10 percent, of all fish on board the vessel. Incidental
catch will be calculated by number and/or weight of fish. Neither calculation may exceed the allowable
percentage. Incidentally caught king or Spanish mackerel are counted toward the quotas provided for
under § 622.384 and are subject to the prohibition of sale under § 622.384(e)(2).
(b) Shark gillnet incidental catch allowance. A vessel in the Atlantic EEZ with a valid Federal Atlantic
commercial shark directed permit and a valid Federal king mackerel commercial permit that is engaged in
directed shark fishing with gillnets that are not an authorized gear for Atlantic migratory group king
mackerel (See § 622.375(a)(1)(i)), may retain and sell a limited number of king mackerel. Any king
mackerel retained must be sold to a dealer with a valid Federal Gulf and South Atlantic dealer permit.
(1) Northern zone. No more than three king mackerel per crew member may be retained or sold per trip
(See § 622.385(a)(1)(i) for the commercial trip limit for directed king mackerel trips using authorized
gillnets (in the Atlantic EEZ north of 34°37.3′ N. lat., the latitude of Cape Lookout, NC)).
(2) Southern zone. No more than two king mackerel per crew member may be retained or sold per trip.
[82 FR 17397, Apr. 11, 2017, as amended at 82 FR 35660, Aug. 1, 2017]

§ 622.380 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, South Atlantic, or Mid-Atlantic EEZ, as appropriate, 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 responsible for ensuring that fish on board are
in compliance with the size limits specified in this section.
(a) Cobia —
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50 CFR 622.380(a)(1)

(1) Gulf migratory group.
(i)

Gulf zone —36 inches (91.4 cm), fork length.

(ii) Florida east coast zone. 36 inches (91.4 cm), fork length.
(2) [Reserved]
(b) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic—24 inches (61.0 cm), fork length, except that a
vessel fishing under a quota for king mackerel specified in § 622.384(b) may possess undersized king
mackerel in quantities not exceeding 5 percent, by weight, of the king mackerel on board.
(c) Spanish mackerel in the Gulf, South Atlantic, or Mid-Atlantic—12 inches (30.5 cm), fork length, except that
a vessel fishing under a quota for Spanish mackerel specified in § 622.384(c) may possess undersized
Spanish mackerel in quantities not exceeding 5 percent, by weight, of the Spanish mackerel on board.
[78 FR 22952, Apr. 17, 2013, as amended at 82 FR 36347, Aug. 4, 2017; 84 FR 4736, Feb. 19, 2019; 85 FR 10331, Feb. 24, 2020; 87
FR 63966, Oct. 21, 2022]

§ 622.381 Landing fish intact.
(a) Intact fish requirement. Cobia in or from the Gulf and in the South Atlantic EEZ south of a line extending
due east from the Florida/Georgia border, and king mackerel and Spanish mackerel in or from the Gulf,
Mid-Atlantic, or South Atlantic EEZ, except as specified for king mackerel and Spanish mackerel in
paragraph (b) of this section, must be maintained with head and fins intact. Such fish may be eviscerated,
gilled, and scaled, but must otherwise be maintained in a whole condition. The operator of a vessel that
fishes in the EEZ is responsible for ensuring that fish on that vessel in the EEZ are maintained intact and,
if taken from the EEZ, are maintained intact through offloading ashore, as specified in this section.
(b) Damaged king or Spanish mackerel.
(1) Commercial. Damaged king or Spanish mackerel in the Gulf, Mid-Atlantic, and South Atlantic EEZ that
comply with the minimum size limits in § 622.380(b) and (c), respectively, and the trip limits in §
622.385(a) and (b), respectively, may be possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ
on, and offloaded ashore from, a vessel that is operating under the respective trip limits. Such
damaged fish also may be sold. A maximum of five additional damaged king mackerel, not subject
to the size limits or trip limits, may be possessed or offloaded ashore but may not be sold or
purchased and are not counted against the trip limit. For the purposes of this paragraph (b)(1),
damaged fish, refers to king or Spanish mackerel that are damaged only through natural predation.
(2) Recreational. Damaged king or Spanish mackerel in the Mid-Atlantic and South Atlantic EEZ that
comply with the minimum size limits § 622.380(b) and (c), respectively, and the recreational bag and
possession limits in § 622.382(a), may be possessed in the Mid-Atlantic or South Atlantic EEZ on,
and offloaded ashore from, a vessel that is operating under the respective bag and possession
limits. For the purposes of this paragraph (b)(2), damaged fish, refers to king or Spanish mackerel
that are damaged only through natural predation.
[88 FR 29847, May 9, 2023]

§ 622.382 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and possession limits.
50 CFR 622.382 (enhanced display)

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50 CFR 622.382(a)

(a) King mackerel and Spanish mackerel —
(1) Bag limits.
(i)

Atlantic migratory group king mackerel—3.

(ii) Gulf migratory group king mackerel—3.
(iii) Atlantic migratory group Spanish mackerel—15.
(iv) Gulf migratory group Spanish mackerel—15.
(v) Coastal migratory pelagic fish within certain South Atlantic SMZs—§ 622.11(a) notwithstanding,
all harvest and possession of coastal migratory pelagic fish within the South Atlantic SMZs
specified in § 622.182(a)(1)(i) through (xi) and (a)(1)(xxii) through (xxxix) is limited to the bag
limits specified in paragraphs (a)(1)(i) through (iv) of this section.
(2) Possession limits —
(i)

Possession limits for vessels with a valid Federal charter vessel/headboat permit for Atlantic
coastal migratory pelagic fish. A person who is on a trip that spans more than 24 hours may
possess 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, and each
passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies
the length of the trip.

(ii) Possession limits for vessels with a valid Federal charter vessel/headboat permit for Gulf
coastal migratory pelagic fish. A person who is on a trip that spans more than 30 hours may
possess, at any time during the trip, no more than two daily bag limits of Gulf king and Spanish
mackerel, provided such trip is on a vessel that is operating as a charter vessel or headboat, the
vessel has two licensed operators aboard, each passenger is issued and has in possession a
receipt issued on behalf of the vessel that verifies the date and time of departure and length of
the trip, and the entire trip occurs on days when the harvest and possession of the applicable
coastal migratory pelagic species are allowed.
(b) Gulf migratory group cobia —
(1) Bag limits. The following applies to persons who fish for cobia in the Gulf zone or Florida east coast
zone, and do not sell their catch.
(i)

One fish per person per day, not to exceed 2 fish per vessel per trip.

(ii) [Reserved]
(2) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 82 FR 17397, Apr. 11, 2017; 82 FR 36347, Aug. 4, 2017; 84 FR 4736, Feb. 19, 2019; 86
FR 11155, Feb. 24, 2021; 87 FR 23150, Apr. 19, 2022; 87 FR 56237, Sept. 13, 2022; 87 FR 63966, Oct. 21, 2022; 88 FR 29847, May
9, 2023]

§ 622.383 [Reserved]

50 CFR 622.383 (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.384

§ 622.384 Quotas.
See § 622.8 for general provisions regarding quota applicability and closure and reopening procedures. See §
622.369 for the descriptions of the zones. This section provides quotas and specific quota closure restrictions for
coastal migratory pelagic fish. All weights are in round and eviscerated weight combined, unless specified
otherwise.
(a) King and Spanish mackerel quotas apply to persons who fish under commercial vessel permits for king or
Spanish mackerel, as required under § 622.370(a)(1) or (3). A fish is counted against the quota for the
area where it is caught, not where it is landed.
(b) King mackerel —
(1) Gulf migratory group. The Gulf migratory group is divided into zones. The description of the zones is
specified in § 622.369(a). Quotas for the western, northern, and southern zones are as follows:
(i)

Western zone. The quota is 1,199,360 lb (544,021 kg) for the 2021-2022 fishing year, 1,244,160
lb (564,341 kg) for the 2022-2023 fishing year, and 1,278,720 lb (580,018 kg) for the 2023-2024
fishing year and subsequent fishing years.

(ii) Northern zone. The quota is 539,712 lb (244,809 kg) for the 2021-2022 fishing year, 559,872 lb
(253,954 kg) for the 2022-2023 fishing year, and 575,424 lb (261,008 kg) for the 2023-2024
fishing year and subsequent fishing years.
(iii) Southern zone.
(A) The hook-and-line quota is 629,664 lb (285,611 kg) for the 2021-2022 fishing year, 653,184
lb (296,279 kg) for the 2022-2023 fishing year, and 671,328 lb (304,509 kg) for the
2023-2024 and subsequent fishing years.
(B) The run-around gillnet quota is 629,664 lb (285,611 kg) for the 2021-2022 fishing year,
653,184 lb (296,279 kg) for the 2022-2023 fishing year, and 671,328 lb (304,509 kg) for the
2023-2024 and subsequent fishing years.
(2) Atlantic migratory group. The Atlantic migratory group is divided into northern and southern zones.
The descriptions of the zones are specified in § 622.369(a). Quotas for the northern and southern
zones are as follows:
(i)

Northern zone. The quota is 2,663,507 lb (1,208,146 kg) for the 2022-2023 fishing year,
2,306,207 lb (1,046,078 kg) for the 2023-2024 fishing year, 2,062,594 lb (935,577 kg) for the
2024-2025 fishing year, 1,892,064 lb (858,226 kg) for the 2025-2026 fishing year, and 1,770,258
lb (802,976 kg) for the 2026-2027 and subsequent fishing years. No more than 0.40 million lb
(0.18 million kg) may be harvested by purse seine gear.

(ii) Southern zone. The quota is 8,896,853 lb (4,035,545 kg) for the 2022-2023 fishing year,
7,703,373 lb (3,494,191 kg) for the 2023-2024 fishing year, 6,889,636 lb (3,125,086 kg) for the
2024-2025 fishing year, 6,320,021 lb (2,866,713 kg) for the 2025-2026 fishing year, and
5,913,152 lb (2,682,161 kg) for the 2026-2027 and subsequent fishing years.

50 CFR 622.384(b)(2)(ii) (enhanced display)

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50 CFR 622.384(b)(2)(ii)(A)

(A) For the period March 1 through September 30, each year, the seasonal quota is 5,338,112
lb (2,421,327 kg) for the 2022-2023 fishing year, 4,622,024 lb (2,096,515 kg) for the
2023-2024 fishing year, 4,133,782 lb (1,875,052 kg) for the 2024-2025 fishing year,
3,792,012 lb (1,720,028 kg) for the 2025-2026 fishing year, and 3,547,891 lb (1,609,296 kg)
for the 2026-2027 fishing year and subsequent fishing years.
(B) For the period October 1 through the end of February each year, the seasonal quota is
3,558,741 lb (1,614,218 kg) for the 2022-2023 fishing year, 3,081,349 lb (1,397,676 kg) for
the 2023-2024 fishing year, 2,755,854 lb (1,250,034 kg) for the 2024-2025 fishing year,
2,528,008 lb (1,146,685 kg) for the 2025-2026 fishing year, and 2,365,261 lb (1,072,864 kg)
for the 2026-2027 fishing year and subsequent fishing years.
(C) Any unused portion of the quota specified in paragraph (b)(2)(ii)(A) of this section will be
added to the quota specified in paragraph (b)(2)(ii)(B) of this section. Any unused portion
of the quota specified in paragraph (b)(2)(ii)(B) of this section, including any addition of
quota specified in paragraph (b)(2)(ii)(A) of this section that was unused, will become void
at the end of the fishing year and will not be added to any subsequent quota.
(iii) Quota transfers. North Carolina or Florida, in consultation with the other states in their
respective zones, may request approval from the RA to transfer part or all of their respective
zone's annual commercial quota to the other zone. Requests for transfer of commercial quota
for king mackerel must be made by a letter signed by the principal state official with marine
fishery management responsibility and expertise of the state requesting the transfer, or his/her
previously named designee. The letter must certify that all pertinent state requirements have
been met and identify the states involved and the amount of quota to be transferred. For the
purposes of quota closures as described in § 622.8, the receiving zone's quota will be the
original quota plus any transferred amount, for that fishing season only. Landings associated
with any transferred quota will be included in the total landings for the Atlantic migratory group,
which will be evaluated relative to the total ACL.
(A) Within 10 working days following the receipt of the letter from the state requesting the
transfer, the RA shall notify the appropriate state officials of the disposition of the request.
In evaluating requests to transfer a quota, the RA shall consider whether:
(1) The transfer would allow the overall annual quota to be fully harvested; and
(2) The transfer is consistent with the objectives of the FMP and the Magnuson-Stevens
Act.
(B) The transfer of quota will be valid only for the fishing year for which the request was made
and does not permanently alter the quotas specified in paragraphs (b)(2)(i) and (ii) of this
section.
(3) Transit provisions applicable in areas closed due to a quota closure for king mackerel. A vessel with a
valid commercial vessel permit for king mackerel that has onboard king mackerel harvested in an
open area of the EEZ may transit through areas closed to the harvest of king mackerel due to a quota
closure, if fishing gear is appropriately stowed. For the purpose of paragraph (b) of this section,
transit means direct and non-stop continuous course through the area. To be appropriately stowed
fishing gear means—
(i)

A gillnet must be left on the drum. Any additional gillnets not attached to the drum must be
stowed below deck.

50 CFR 622.384(b)(3)(i) (enhanced display)

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50 CFR 622.384(b)(3)(ii)

(ii) A rod and reel must be removed from the rod holder and stowed securely 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. Sinkers must be disconnected from the down rigger and
stowed separately.
(c) Spanish mackerel —
(1) Gulf migratory group. [Reserved]
(2) Atlantic migratory group. The Atlantic migratory group is divided into northern and southern zones.
The descriptions of the zones are specified in § 622.369(b). The quota for the Atlantic migratory
group of Spanish mackerel is 3.33 million lb (1.51 million kg). Quotas for the northern and southern
zones are as follows:
(i)

Northern zone —662,670 lb (300,582 kg).

(ii) Southern zone —2,667,330 lb (1,209,881 kg).
(iii) Quota transfers. North Carolina or Florida, in consultation with the other states in their
respective zones, may request approval from the RA to transfer part or all of their respective
zone's annual commercial quota to the other zone. Requests for transfer of commercial quota
for Spanish mackerel must be made by a letter signed by the principal state official with marine
fishery management responsibility and expertise, or his/her previously named designee, for
each state involved. The letter must certify that all pertinent state requirements have been met
and identify the states involved and the amount of quota to be transferred. For the purposes of
quota closures as described in § 622.8, the receiving zone's quota will be the original quota
plus any transferred amount, for that fishing season only. Landings associated with any
transferred quota will be included in the total landings for the Atlantic migratory group, which
will be evaluated relative to the total ACL.
(A) Within 10 working days following the receipt of the letter from the states involved, the RA
shall notify the appropriate state officials of the disposition of the request. In evaluating
requests to transfer a quota, the RA shall consider whether:
(1) The transfer would allow the overall annual quota to be fully harvested; and
(2) The transfer is consistent with the objectives of the FMP and the Magnuson-Stevens
Act.
(B) The transfer of quota will be valid only for the fishing year for which the request was made
and does not permanently alter any zone's quota specified in paragraph (c)(2)(i) or
(c)(2)(ii) of this section.
(d) Cobia —
(1) Gulf migratory group —
(i)

Gulf zone. For the 2022 fishing year, the stock quota is 1,474,200 lb (668,686 kg). For the 2023
fishing year and subsequent fishing years, the stock quota is 1,564,920 lb (709,836 kg).

(ii) Florida east coast zone. The following quotas apply to persons who fish for cobia and sell their
catch. For the 2022 fishing year the quota is 76,960 lb (34,908 kg). For the 2023 fishing year
and subsequent fishing years the quota is 81,696 lb (37,057 kg).
(2) [Reserved]
50 CFR 622.384(d)(2) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
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50 CFR 622.384(e)

(e) Restrictions applicable after a quota closure.
(1) If the recreational sector for the applicable species, migratory group, zone, or gear is open, the bag
and possession limits for king and Spanish mackerel specified in § 622.382(a) apply to all harvest or
possession for the closed species, migratory group, zone, or gear in or from the EEZ. If the
recreational sector for the applicable species, migratory group, zone, or gear is closed, all applicable
harvest or possession in or from the EEZ is prohibited.
(2) The sale or purchase of king mackerel, Spanish mackerel, or cobia of the closed species, migratory
group, zone, or gear type is prohibited, including any king or Spanish mackerel taken under the bag
and possession limits specified in § 622.382(a), or cobia taken under the bag and possession limits
specified in § 622.382(b). The prohibition on the sale or purchase during a closure for coastal
migratory pelagic fish does not apply to coastal migratory pelagic fish that were harvested, landed
ashore, and sold prior to the effective date of the closure and were held in cold storage by a dealer or
processor.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 69060, Nov. 20, 2014; 80 FR 4221, Jan. 27, 2015; 82 FR 17397, Apr. 11, 2017;
82 FR 35660, Aug. 1, 2017; 84 FR 4736, Feb. 19, 2019; 87 FR 63966, Oct. 21, 2022; 87 FR 74990, Dec. 7, 2022; 88 FR 29848, May 9,
2023]

§ 622.385 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. Except for Atlantic migratory
group Spanish mackerel harvested by gillnet, as specified in § 622.377(b)(2)(vi), a species subject to a trip limit
specified in this section taken in the EEZ may not be transferred at sea, regardless of where such transfer takes
place, and such species may not be transferred in the EEZ. Commercial trip limits apply as follows (all weights are
round or eviscerated weights unless specified otherwise):
(a) King mackerel —
(1) Atlantic migratory group. The following trip limits apply to vessels for which commercial permits for
king mackerel have been issued, as required under § 622.370(a)(1):
(i)

North of 29°25′ N. lat., which is a line directly east from the Flagler/Volusia County, FL,
boundary, king mackerel in or from the EEZ may not be possessed on board or landed from a
vessel in a day in amounts exceeding 3,500 lb (1,588 kg).

(ii) In the area between 29°25′ N lat., which is a line directly east from the Flagler/Volusia County,
FL, boundary, and 28°47′48” N lat., which is a line directly east from the Volusia/Brevard County,
FL, boundary, king mackerel in or from the EEZ may not be possessed on board or landed from
a vessel in a day in amounts not to exceed:
(A) From March 1 through March 31—75 fish.
(B) From April 1 through September 30—3,500 lb (1,588 kg).
(C) From October 1 through the end of February—100 fish.

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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.385(a)(1)(iii)

(iii) In the area between 28°47′48” N lat., which is a line directly east from the Volusia/Brevard
County, FL, boundary, and 25°20′24” N lat., which is a line directly east from the Miami-Dade/
Monroe County, FL, boundary, king mackerel in or from the EEZ may not be possessed on board
or landed from a vessel in a day in amounts not to exceed:
(A) From March 1 through March 31—75 fish.
(B) From April 1 through September 30—75 fish, unless NMFS determines that 75 percent or
more of the quota specified in § 622.384(b)(2)(ii)(A) has been landed, then, 50 fish.
(C) From October 1 through the end of February—100 fish.
(2) Gulf migratory group. Commercial trip limits are established in the southern, northern, and western
zones as follows. (See § 622.369(a) for descriptions of the southern, northern, and western zones.)
(i)

Southern zone —
(A) Gillnet gear.
(1) King mackerel in or from the EEZ may be possessed on board or landed from a
vessel for which a commercial vessel permit for king mackerel and a king mackerel
gillnet permit have been issued, as required under § 622.370(a)(2), in amounts not
exceeding 45,000 lb (20,411 kg) per day.
(2) King mackerel in or from the EEZ may be possessed on board or landed from a
vessel that uses or has on board a run-around gillnet on a trip only when such vessel
has on board a commercial vessel permit for king mackerel and a king mackerel
gillnet permit.
(3) King mackerel from the southern zone landed by a vessel for which a commercial
vessel permit for king mackerel and a king mackerel gillnet permit have been issued
will be counted against the run-around gillnet quota specified in §
622.384(b)(1)(iii)(B).
(4) King mackerel in or from the EEZ harvested with gear other than run-around gillnet
may not be retained on board a vessel for which a commercial vessel permit for king
mackerel and a king mackerel gillnet permit have been issued.
(B) Hook-and-line gear. King mackerel in or from the EEZ may be possessed on board or
landed from a vessel with a commercial permit for king mackerel, as required by §
622.370(a)(1), and operating under the hook-and-line gear quotas in § 622.384(b)(1)(iii)(A)
in amounts not exceeding 1,250 lb (567 kg) per day.

(ii) Northern zone. King mackerel in or from the EEZ may be possessed on board or landed from a
vessel for which a commercial permit for king mackerel has been issued, as required under §
622.370(a)(1), in amounts not exceeding 1,250 lb (567 kg) per day.
(iii) Western zone. King mackerel in or from the EEZ may be possessed on board or landed from a
vessel for which a commercial permit for king mackerel has been issued, as required under §
622.370(a)(1), in amounts not exceeding 3,000 lb (1,361 kg) per day.
(b) Spanish mackerel —
(1) Atlantic migratory group. The following trip limits apply to vessels for which commercial permits for
Spanish mackerel have been issued, as required under § 622.370(a)(3).
50 CFR 622.385(b)(1) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

(i)

50 CFR 622.385(b)(1)(i)

Northern zone. Spanish mackerel in or from the EEZ may not be possessed on board or landed
in a day from a vessel for which a permit for Spanish mackerel has been issued, as required
under § 622.370(a)(3), in amounts exceeding 3,500 lb (1,588 kg).

(ii) Southern zone. Spanish mackerel in or from the EEZ may not be possessed on board or landed
in a day from a vessel for which a permit for Spanish mackerel has been issued, as required
under § 622.370(a)(3)—
(A) From March 1 until 75 percent of the adjusted quota for the southern zone has been
reached or is projected to be reached, in amounts exceeding 3,500 lb (1,588 kg).
(B) After 75 percent of the adjusted quota for the southern zone has been reached or is
projected to be reached, in amounts exceeding 1,500 lb (680 kg).
(C) After 100 percent of the adjusted quota for the southern zone has been reached or is
projected to be reached, and until the end of the fishing year or the southern zone's quota
has been reached or is projected to be reached, in amounts exceeding 500 lb (227 kg). See
§ 622.384(e) for limitations regarding Atlantic migratory group Spanish mackerel after the
southern zone's quota is reached.
(2) For the purpose of paragraph (b)(1)(ii) of this section, the adjusted quota for the southern zone is
2,417,330 lb (1,096,482 kg). The adjusted quota for the southern zone is the quota for the Atlantic
migratory group Spanish mackerel southern zone reduced by an amount calculated to allow
continued harvest of Atlantic migratory group Spanish mackerel at the rate of 500 lb (227 kg) per
vessel per day for the remainder of the fishing year after the adjusted quota is reached. Total
commercial harvest in the southern zone is still subject to the southern zone quota and
accountability measures. By filing a notification with the Office of the Federal Register, the Assistant
Administrator will announce when 75 percent and 100 percent of the adjusted quota are reached or
are projected to be reached.
(3) For the purpose of paragraph (b)(1)(ii) of this section, a day starts at 6 a.m., local time, and extends
for 24 hours. If a vessel terminates a trip prior to 6 a.m., but retains Spanish mackerel on board after
that time, the Spanish mackerel retained on board will not be considered in possession during the
succeeding day, provided the vessel is not underway between 6 a.m. and the time such Spanish
mackerel are unloaded, and provided such Spanish mackerel are unloaded prior to 6 p.m.
(c) Cobia.
(1) [Reserved]
(2) Gulf migratory group. The following trip limit applies to persons who fish for cobia and sell their
catch.
(i)

Gulf zone and Florida east coast zone. Cobia in or from the EEZ may be possessed or landed in
amounts not exceeding 1 fish per person and 2 fish per vessel.

(ii) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 68805, Nov. 19, 2014; 79 FR 69090, Nov. 20, 2014; 80 FR 4222, Jan. 27, 2014;
80 FR 40937, July 14, 2015; 80 FR 78675, Dec. 17, 2015; 82 FR 36347, Aug. 4, 2017; 84 FR 4736, Feb. 19, 2019; 84 FR 47904, Sept.
11, 2019; 84 FR 51438, Sept. 30, 2019; 85 FR 55594, Sept. 9, 2020; 87 FR 63966, Oct. 21, 2022]

50 CFR 622.385(c)(2)(ii) (enhanced display)

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Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.386

§ 622.386 Restrictions on sale/purchase.
The restrictions in this section are in addition to the restrictions on the sale or purchase related to commercial
quota closures as specified in § 622.384(e)(2).
(a) King and Spanish mackerel. A king or Spanish mackerel harvested or possessed in the EEZ on board a
vessel that does not have a valid commercial vessel permit for king mackerel, as required under §
622.370(a)(1), or a valid commercial vessel permit for Spanish mackerel, as required under §
622.370(a)(3), or a king or Spanish mackerel harvested in the EEZ or possessed under the bag limits
specified in § 622.382, may not be sold or purchased, except when harvested under the bag limits on
board a vessel operating in the Gulf as a charter vessel or headboat and that vessel has both a valid
Federal charter vessel/headboat permit for Gulf coastal migratory pelagic fish, as required under §
622.370(b)(1), and a valid commercial vessel permit for king mackerel or Spanish mackerel, as required
under § 622.370(a)(1), as appropriate to the species harvested or possessed.
(b) Coastal migratory pelagic fish harvested in or from the EEZ or adjoining state waters by a vessel that has
a valid Federal commercial vessel permit or a charter vessel/headboat permit may be sold or transferred
only to a dealer who has a valid Gulf and South Atlantic dealer permit, as required under § 622.370(c)(1).
(c) Dealer receipt of fish. King or Spanish mackerel harvested in or from the Gulf, Mid-Atlantic, or South
Atlantic EEZ may be first received by a dealer who has a valid Federal Gulf and South Atlantic dealer
permit, as required under § 622.370(c)(1), only from a vessel that has a valid Federal commercial vessel
permit for king or Spanish mackerel, as required under § 622.370(a), or a valid Federal charter vessel/
headboat permit for coastal migratory pelagic fish, as required under § 622.370(b).
(d) Cut-off (damaged) king or Spanish mackerel. A person may not sell or purchase a cut-off (damaged) king
or Spanish mackerel that does not comply with the minimum size limits specified in § 622.380(b) or (c),
respectively, or that is in excess of the trip limits specified in § 622.385(a) or (b), respectively.
(e) State-permitted tournaments. King or Spanish mackerel harvested in a state-permitted tournament in the
South Atlantic, Mid-Atlantic, or the Gulf may not be sold for profit but may be donated to a state dealer or
Federal dealer. Dealers accepting these tournament-caught king or Spanish mackerel must be permitted
and must comply with all transfer and reporting requirements. Federally permitted dealers who accept
donated king or Spanish mackerel under this section are exempt from the restrictions in paragraph (c) of
this section, and can first receive these fish from non-federally permitted vessels. Dealers must donate
the monetary value (sale price or cash equivalent of value received for the landings) from the sale of
tournament-caught fish to a charitable organization, as determined by the state. The monetary value
received from the sale of tournament-caught fish may not be used to pay for tournament expenses. In
addition, the fish must be handled and iced according to the Hazard Analysis Critical Control Point
(HACCP) standards, and dealers must report tournament caught king and Spanish mackerel as
“tournament catch” and comply with all Federal and state reporting requirements.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 34250, June 16, 2014; 79 FR 19496, Apr. 9, 2014; 80 FR 4222, Jan. 27, 2015; 82
FR 35660, Aug. 1, 2017; 87 FR 63966, Oct. 21, 2022]

§ 622.387 [Reserved]

50 CFR 622.387 (enhanced display)

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50 CFR 622.388

§ 622.388 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures
(AMs).
All weights are in round and eviscerated weight combined, unless specified otherwise.
(a) Gulf migratory group king mackerel —
(1) Commercial sector.
(i)

If commercial landings, as estimated by the SRD, reach or are projected to reach the applicable
quota specified in § 622.384(b)(1), the AA will file a notification with the Office of the Federal
Register to close the commercial sector for that zone, or gear type for the remainder of the
fishing year.

(ii) The commercial ACL for the Gulf migratory group of king mackerel is 2,998,400 lb (1,360,051
kg) for the 2021-2022 fishing year, 3,110,400 lb (1,410,854 kg) for the 2022-2023 fishing year,
and 3,196,800 lb (1,450,044 kg) for the 2023-2024 and subsequent fishing years. The ACL is
further divided into a commercial ACL for vessels fishing with hook-and-line and a commercial
ACL for vessels fishing with run-around gillnets. The hook-and-line ACL (which applies to the
entire Gulf) is 2,368,736 lb (1,074,441 kg) for the 2021-2022 fishing year, 2,457,216 lb
(1,114,574 kg) for the 2022-2023 fishing year, and 2,525,472 lb (1,145,535 kg) for the 2023-2024
and subsequent fishing years. The run-around gillnet ACL (which applies to the southern zone)
is 629,664 lb (285,611 kg) for the 2021-2022 fishing year, 653,184 lb (296,279 kg) for the
2022-2023 fishing year, and 671,328 lb (304,509 kg) for the 2023-2024 and subsequent fishing
years.
(iii) If commercial landings of Gulf migratory group king mackerel caught by run-around gillnet in
the southern zone, as estimated by the SRD, exceed the commercial ACL, the AA will file a
notification with the Office of the Federal Register to reduce the commercial ACL for king
mackerel harvested by run-around gillnet in the southern zone in the following fishing year by
the amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector. If recreational landings, as estimated by the SRD, reach or are projected to reach
the recreational ACL of 6,371,600 lb (2,890,109 kg) for the 2021-2022 fishing year, 6,609,600 lb
(2,998,064 kg) for the 2022-2023 fishing year, and 6,793,200 lb (3,081,344 kg) for the 2023-2024 and
subsequent fishing years, the AA will file a notification with the Office of the Federal Register to
implement bag and possession limits for Gulf migratory group king mackerel of zero, unless the best
scientific information available determines that a bag limit reduction is unnecessary.
(3) For purposes of tracking the ACL, recreational landings will be monitored based on the commercial
fishing year.
(b) Atlantic migratory group king mackerel —
(1) Commercial sector.
(i)

If commercial landings, as estimated by the SRD, reach or are projected to reach the applicable
quota for the zone or season specified in § 622.384(b)(2), the AA will file a notification with the
Office of the Federal Register to close the commercial sector for that zone for the remainder of
the applicable fishing season or fishing year.

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50 CFR 622.388(b)(1)(ii)

(ii) In addition to the measures specified in paragraph (b)(1)(i) of this section, if the sum of the
commercial and recreational landings, as estimated by the SRD, exceeds the stock ACL, as
specified in paragraph (b)(3) of this section, and Atlantic migratory group king mackerel are
overfished, based on the most recent status of U.S. Fisheries Report to Congress, 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 commercial quota for that zone for that following year by the amount
of any commercial sector overage in the prior fishing year for that zone.
(iii) The commercial ACL for the Atlantic migratory group of king mackerel is 11,560,360 lb
(5,243,691 kg) for the 2022-2023 fishing year, 10,009,580 lb (4,540,269 kg) for the 2023-2024
fishing year, 8,952,230 lb (4,060,663 kg) for the 2024-2025 fishing year, 8,212,085 lb (3,724,939
kg) for the 2025-2026 fishing year, and 7,683,410 lb (3,485,136 kg) for the 2026-2027 fishing
year and subsequent fishing years.
(2) Recreational sector.
(i)

If the recreational landings exceed the recreational ACL as specified in this paragraph and the
sum of the commercial and recreational landings, as estimated by the SRD, exceeds the stock
ACL, as specified in paragraph (b)(3) 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 bag
limit by the amount necessary to ensure recreational landings may achieve the recreational
ACT, but do not exceed the recreational ACL, in the following fishing year. The recreational ACL
is 19,599,640 lb (8,890,247 kg) for the 2022-2023 fishing year, 16,970,420 lb (7,697,653 kg) for
the 2023-2024 fishing year, 15,177,770 lb (6,884,521 kg) for the 2024-2025 fishing year,
13,922,915 lb (6,315,328 kg) for the 2025-2026 fishing year, and 13,026,590 lb (5,908,762 kg)
for the 2026-2027 fishing year and subsequent fishing years. The recreational ACT is
16,914,489 lb (7,672,283 kg) for the 2022-2023 fishing year, 14,645,472 lb (6,643,074 kg) for the
2023-2024 fishing year, 13,098,416 million lb (5,941,342 kg) for the 2024-2025 fishing year,
12,015,476 lb (5,450,128 kg) for the 2025-2026 fishing year, and 11,241,947 lb (5,099,261 kg)
for the 2026-2027 fishing year and subsequent fishing years.

(ii) In addition to the measures specified in paragraph (b)(2)(i) of this section, if the sum of the
commercial and recreational landings, as estimated by the SRD, exceeds the stock ACL, as
specified in paragraph (b)(3) of this section, and Atlantic migratory group king mackerel are
overfished, based on the most recent status of U.S. Fisheries Report to Congress, 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 ACL and ACT for that following year by the amount of
any recreational sector overage in the prior fishing year.
(iii) For purposes of tracking the ACL, recreational landings will be evaluated based on the
commercial fishing year, March through February. Recreational landings will be evaluated
relative to the ACL based on a moving multi-year average of landings, as described in the FMP.
(3) The stock ACL for Atlantic migratory group king mackerel is 31,160,000 lb (14,133,938 kg) for the
2022-2023 fishing year, 26,980,000 lb (12,237,922 kg) for the 2023-2024 fishing year, 24,130,000 lb
(10,945,184 kg) for the 2024-2025 fishing year, 22,135,000 lb (10,040,267 kg) for the 2025-2026
fishing year, and 20,710,000 lb (9,393,898 kg) for the 2026-2027 fishing year and subsequent fishing
years.
(c) Gulf migratory group Spanish mackerel.

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50 CFR 622.388(c)(1)

(1) 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 paragraph (c)(3) of this section, 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. On and after the effective date of such a notification, all sale
and purchase of Gulf migratory group Spanish mackerel is prohibited and the harvest and
possession limit of this species in or from the Gulf EEZ is zero.
(2) For purposes of tracking the ACL, recreational landings will be evaluated based on the commercial
fishing year, April through March.
(3) The stock ACL for Gulf migratory group Spanish mackerel is 12.7 million lb (5.76 million kg) for the
2014-2015 fishing year, 11.8 million lb (5.35 million kg) for the 2015-2016 fishing year, and 11.3
million lb (5.13 million kg) for the 2016-2017 fishing year and subsequent fishing years.
(d) Atlantic migratory group Spanish mackerel —
(1) Commercial sector.
(i)

If commercial landings, as estimated by the SRD, reach or are projected to reach the applicable
quota specified in § 622.384(c)(2), the AA will file a notification with the Office of the Federal
Register to close the commercial sector for that zone for the remainder of the fishing year.

(ii) In addition to the measures specified in paragraph (d)(1)(i) of this section, if the sum of the
commercial and recreational landings, as estimated by the SRD, exceeds the stock ACL, as
specified in paragraph (d)(3) of this section, and Atlantic migratory group Spanish mackerel are
overfished, based on the most recent status of U.S. Fisheries Report to Congress, 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 commercial quota for that zone for that following year by the amount
of any commercial sector overage in the prior fishing year for that zone.
(iii) The commercial ACL for the Atlantic migratory group Spanish mackerel is 3.33 million lb (1.51
million kg).
(2) Recreational sector.
(i)

If the recreational landings exceed the recreational ACL as specified in this paragraph and the
sum of the commercial and recreational landings, as estimated by the SRD, exceeds the stock
ACL, as specified in paragraph (d)(3) 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 bag
limit by the amount necessary to ensure recreational landings may achieve the recreational
ACT, but do not exceed the recreational ACL, in the following fishing year. The recreational ACT
for the Atlantic migratory group is 2.364 million lb (1.072 million kg). The recreational ACL for
the Atlantic migratory group is 2.727 million lb (1.236 million kg).

(ii) In addition to the measures specified in paragraph (d)(2)(i) of this section, if the sum of the
commercial and recreational landings, as estimated by the SRD, exceeds the stock ACL, as
specified in paragraph (d)(3) of this section, and Atlantic migratory group Spanish mackerel are
overfished, based on the most recent status of U.S. Fisheries Report to Congress, 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 for that following year by the amount of any
recreational sector overage in the prior fishing year.

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50 CFR 622.388(d)(2)(iii)

(iii) For purposes of tracking the ACL and ACT, recreational landings will be evaluated based on the
commercial fishing year, March through February. Recreational landings will be evaluated
relative to the ACL based on a moving multi-year average of landings, as described in the FMP.
(3) The stock ACL for Atlantic migratory group Spanish mackerel is 6.063 million lb (2.76 million kg).
(e) Gulf migratory group cobia —
(1) Gulf zone.
(i)

If the sum of all cobia landings, as estimated by the SRD, reaches or is projected to reach the
stock quota (stock ACT), specified in § 622.384(d)(1), the AA will file a notification with the
Office of the Federal Register to prohibit the harvest of Gulf migratory group cobia in the Gulf
zone for the remainder of the fishing year. On and after the effective date of such a notification,
all sale and purchase of Gulf migratory group cobia in the Gulf zone is prohibited and the
possession limit of this species in or from the Gulf EEZ is zero.

(ii) The stock ACLs for Gulf migratory group cobia in the Gulf zone are 1,638,000 lb (742,984 kg) for
2022, and 1,738,800 lb (788,706 kg) for 2023 and subsequent fishing years.
(2) Florida east coast zone —
(i)

The following ACLs and AMs apply to cobia that are sold.
(A) If the sum of cobia landings that are sold, as estimated by the SRD, reach or are projected
to reach the quota specified in § 622.384(d)(1)(ii) (ACL), the AA will file a notification with
the Office of the Federal Register to prohibit the sale and purchase of cobia in or from the
Florida east coast zone for the remainder of the fishing year.
(B) In addition to the measures specified in paragraph (e)(2)(i)(A) of this section, if the sum of
cobia landings that are sold and not sold in or from the Florida east coast zone, as
estimated by the SRD, exceeds the stock ACL for the Florida east coast zone, as specified
in paragraph (e)(2)(iii) of this section, and Gulf migratory group cobia are overfished,
based on the most recent status of U.S. Fisheries Report to Congress, 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 quota (ACL) for the Florida east coast zone cobia that are sold
for that following year by the amount of any overage in the prior fishing year.

(ii) The following ACLs and AMs apply to cobia that are not sold.
(A) If the sum of cobia landings that are sold and not sold, as estimated by the SRD, exceeds
the stock ACL, as specified in paragraph (e)(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 length of the following fishing season by the amount necessary
to ensure landings may achieve the applicable ACT, but do not exceed the applicable ACL
in the following fishing year. Further, during that following year, if necessary, the AA may
file additional notification with the Office of the Federal Register to readjust the reduced
fishing season to ensure harvest achieves the ACT but does not exceed the ACL. The
applicable ACTs for the Florida east coast zone of cobia are 796,536 lb (361,303 kg) for
2022, and 845,554 lb (383,537 kg) for 2023 and subsequent fishing years. The applicable
ACLs for the Florida east coast zone of cobia are 885,040 lb (401,447 kg) for 2022, and
939,504 lb (426,152 kg) for 2023 and subsequent fishing years.

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50 CFR 622.388(e)(2)(ii)(B)

(B) In addition to the measures specified in paragraph (e)(2)(ii)(A) of this section, if the sum of
the cobia landings that are sold and not sold in or from the Florida east coast zone, as
estimated by the SRD, exceeds the stock ACL, as specified in paragraph (e)(2)(iii) of this
section, and Gulf migratory group cobia are overfished, based on the most recent status of
U.S. Fisheries Report to Congress, 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
applicable ACL and applicable ACT for the Florida east coast zone for that following year
by the amount of any ACL overage in the prior fishing year.
(C) Landings will be evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP.
(iii) Stock ACLs. The stock ACLs for Florida east coast zone cobia are 962,000 lb (436,356 kg) for
2022, and 1,021,200 lb (463,209 kg) for 2023 and subsequent fishing years.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 69060, Nov. 20, 2014; 80 FR 4222, Jan. 27, 2015; 80 FR 10007, Feb. 25, 2015;
80 FR 78675, Dec. 17, 2015; 82 FR 17399, Apr. 11, 2017; 82 FR 36347, Aug. 4, 2017; 84 FR 4737, Feb. 19, 2019; 87 FR 63966, Oct.
21, 2022; 87 FR 74990, Dec. 7, 2023; 88 FR 29848, May 9, 2023]

§ 622.389 Adjustment of management measures.
In accordance with the framework procedures of the FMP for Coastal Migratory Pelagic Resources, the RA may
establish or modify, and the applicable council is required to approve, the following items specified in paragraph (a)
of this section for coastal migratory pelagic fish. (Note: The applicable council refers to the council whose
jurisdiction applies to the management measures.)
(a) For a species or species group: Reporting and monitoring requirements, permitting requirements, bag and
possession limits (including a bag limit of zero), size limits, vessel trip limits, closed seasons or areas and
reopenings, acceptable biological catches (ABCs) and ABC control rules, annual catch limits (ACLs) and
ACL control rules, accountability measures (AMs), annual catch targets (ACTs), quotas (including a quota
of zero), MSY (or proxy), OY, management parameters such as overfished and overfishing definitions, gear
restrictions (ranging from regulation to complete prohibition), gear markings and identification, vessel
markings and identification, rebuilding plans, and restrictions relative to conditions of harvested fish
(maintaining fish in whole condition, use as bait).
(b) [Reserved]
[80 FR 4224, Jan. 27, 2015]

Subpart R—Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic
§ 622.400 Permits and fees.
(a) Applicability —
(1) Licenses, certificates, and permits —
(i)

EEZ off Florida and spiny lobster landed in Florida. For a person to sell, trade, or barter, or
attempt to sell, trade, or barter, a spiny lobster harvested or possessed in the EEZ off Florida, or
harvested in the EEZ other than off Florida and landed from a fishing vessel in Florida, or for a
person to be exempt from the daily bag and possession limit specified in § 622.408(b)(1) for

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50 CFR 622.400(a)(1)(ii)

such spiny lobster, such person must have the licenses and certificates specified to be a
“commercial harvester,” as defined in Rule 68B-24.002(4), Florida Administrative Code, in effect
as of May 1, 2017 (incorporated by reference, see § 622.19).
(ii) EEZ other than off Florida. For a person to sell, trade, or barter, or attempt to sell, trade, or barter,
a spiny lobster harvested in the EEZ other than off Florida or for a person to be exempt from the
daily bag and possession limit specified in § 622.408(b)(1) for such spiny lobster, a Federal
vessel permit must be issued to the harvesting vessel and must be on board. However, see
paragraph (a)(1)(i) of this section for the licenses and certificates required for a person to
possess or land spiny lobster harvested in the EEZ other than off Florida and subsequently
possessed in the EEZ off Florida or landed from a fishing vessel in Florida.
(2) Tail-separation permits. For a person to possess aboard a fishing vessel a separated spiny lobster
tail in or from the EEZ, a valid Federal tail-separation permit must be issued to the vessel and must
be on board. Permitting prerequisites for the tail-separation permit are either a valid Federal vessel
permit for spiny lobster or a valid Florida Saltwater Products License with a valid Florida Restricted
Species Endorsement and a valid Crawfish Endorsement.
(3) Corporation/partnership-owned vessels. For a vessel owned by a corporation or partnership to be
eligible for a Federal vessel permit specified in paragraph (a)(1)(ii) of this section, the earned income
qualification specified in paragraph (b)(2)(vi) of this section must be met by, and the statement
required by that paragraph must be submitted by, an officer or shareholder of the corporation, a
general partner of the partnership, or the vessel operator.
(4) Operator-qualified permits. A vessel permit issued upon the qualification of an operator is valid only
when that person is the operator of the vessel.
(5) Dealer permits and conditions —
(i)

Permits. For a dealer to first receive Gulf or South Atlantic spiny lobster harvested in or from the
EEZ, a Gulf and South Atlantic dealer permit must be issued to the dealer.

(ii) State license and facility requirements. To obtain a dealer permit, the applicant must have a
valid state wholesaler's license in the state(s) where the dealer operates, if required by such
state(s), and must have a physical facility at a fixed location in such state(s).
(b) Applications for permits.
(1) An application for a Federal vessel and/or tail-separation permit must be submitted and signed by
the owner (in the case of a corporation, a qualifying officer or shareholder; in the case of a
partnership, a qualifying general partner) or operator of the vessel. The application must be
submitted to the RA at least 30 days prior to the date on which the applicant desires to have the
permit made effective.
(2) An applicant must provide the following information:
(i)

A copy of the vessel's U.S. Coast Guard certificate of documentation or, if not documented, a
copy of its state registration certificate.

(ii) The vessel's name and official number.

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50 CFR 622.400(b)(2)(iii)

(iii) Name, mailing address including zip code, telephone number, social security number, and date
of birth of the owner (if the owner is a corporation/partnership, in lieu of the social security
number, provide the employer identification number, if one has been assigned by the Internal
Revenue Service, and, in lieu of the date of birth, provide the date the corporation/partnership
was formed).
(iv) If the owner does not meet the earned income qualification specified in paragraph (b)(2)(vi) of
this section and the operator does meet that qualification, the name, mailing address including
zip code, telephone number, social security number, and date of birth of the operator.
(v) Information concerning vessel, gear used, fishing areas, and fisheries vessel is used in, as
requested by the RA and included on the application form.
(vi) A sworn statement by the applicant for a vessel permit certifying that at least 10 percent of his
or her earned income was derived from commercial fishing, that is, sale of the catch, during the
calendar year preceding the application.
(vii) Documentation supporting the statement of income, if required under paragraph (b)(3) of this
section.
(viii) If a tail-separation permit is desired, a sworn statement by the applicant certifying that his or
her fishing activity—
(A) Is routinely conducted in the EEZ on trips of 48 hours or more; and
(B) Necessitates the separation of carapace and tail to maintain a quality product.
(ix) Any other information that may be necessary for the issuance or administration of the permit.
(3) The RA may require the applicant to provide documentation supporting the sworn statement under
paragraph (b)(2)(vi) of this section before a permit is issued or to substantiate why such permit
should not be revoked or otherwise sanctioned under paragraph (i) of this section. Such required
documentation may include copies of appropriate forms and schedules from the applicant's income
tax return. Copies of income tax forms and schedules are treated as confidential.
(c) Change in application information. The owner or operator of a vessel with a permit must notify the RA
within 30 days after any change in the application information specified in paragraph (b) of this section.
The permit is void if any change in the information is not reported within 30 days.
(d) Fees. A fee is charged for each permit application submitted under paragraph (b) of this section. The
amount of the fee is calculated in accordance with the procedures of the NOAA Finance Handbook for
determining the administrative costs of each special product or service. The fee may not exceed such
costs and is specified with each application form. The appropriate fee must accompany each application.
(e) Issuance.
(1) The RA will issue a permit at any time to an applicant if the application is complete and the applicant
meets the earned income requirement specified in paragraph (b)(2)(vi) of this section. An application
is complete when all requested forms, information, and documentation have been received.
(2) Upon receipt of an incomplete application, the RA will notify the applicant of the deficiency. If the
applicant fails to correct the deficiency within 30 days of the date of the RA's letter of notification, the
application will be considered abandoned.

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50 CFR 622.400(f)

(f) Duration. A permit remains valid for the period specified on it unless the vessel is sold or the permit is
revoked, suspended, or modified pursuant to subpart D of 15 CFR part 904.
(g) Transfer. A permit issued pursuant to this section is not transferable or assignable. A person purchasing a
permitted vessel who desires to conduct activities for which a permit is required must apply for a permit
in accordance with the provisions of paragraph (b) of this section. The application must be accompanied
by a copy of a signed bill of sale.
(h) Display. A permit issued pursuant to this section must be carried on board the vessel, and such vessel
must be identified as required by § 622.402. The operator of a vessel must present the permit for
inspection upon the request of an authorized officer.
(i)

Sanctions and denials. A permit issued pursuant to this section may be revoked, suspended, or modified,
and a permit application may be denied, in accordance with the procedures governing enforcementrelated permit sanctions and denials found at subpart D of 15 CFR part 904.

(j)

Alteration. A permit that is altered, erased, or mutilated is invalid.

(k) Replacement. A replacement permit may be issued. An application for a replacement permit will not be
considered a new application. A fee, the amount of which is stated with the application form, must
accompany each request for a replacement permit.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19497, Apr. 9, 2014; 84 FR 37151, July 31, 2019; 87 FR 56237, Sept. 13, 2022]

§ 622.401 Recordkeeping and reporting.
(a) Dealers. A dealer who first receives Gulf or South Atlantic spiny lobster must maintain records and submit
information as specified in § 622.5(c).
(b) [Reserved]
[79 FR 19497, Apr. 9, 2014]

§ 622.402 Vessel and gear identification.
(a) EEZ off Florida.
(1) An owner or operator of a vessel that is used to harvest spiny lobster by traps in the EEZ off Florida
must comply with the vessel and gear identification requirements specified in Rule 68B-24.006(3),
(4), and (5), Florida Administrative Code, in effect as of May 1, 2017 (incorporated by reference, see
§ 622.19).
(2) An owner or operator of a vessel that is used to harvest spiny lobster by diving in the EEZ off Florida
must comply with the vessel identification requirements applicable to the harvesting of spiny
lobsters by diving in Florida's waters in Rule 68B-24.006(6), Florida Administrative Code, in effect as
of May 1, 2017 (incorporated by reference, see § 622.19).
(3) An owner or operator of a vessel that is used to harvest spiny lobster by bully net in the EEZ off
Florida must comply with the vessel identification requirements applicable to the harvesting of spiny
lobsters by bully net in Florida's waters in Rule 68B-24.006(7), Florida Administrative Code, in effect
as of May 1, 2017 (incorporated by reference, see § 622.19).
(b) EEZ other than off Florida.
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50 CFR 622.402(b)(1)

(1) The owner or operator of a vessel that is used to harvest spiny lobsters in the EEZ other than off
Florida, must meet the following vessel and gear identification requirements:
(i)

The vessel's Florida crawfish license or trap number or, if not licensed by Florida, the vessel's
Federal vessel permit number must be permanently and conspicuously displayed horizontally
on the uppermost structural portion of the vessel in numbers at least 10 inches (25.4 cm) high
so as to be readily identifiable from the air and water;

(ii) If the vessel uses spiny lobster traps in the EEZ, other than off Florida—
(A) The vessel's color code, as assigned by Florida or, if a color code has not been assigned by
Florida, as assigned by the RA, must be permanently and conspicuously displayed above
the number specified in paragraph (b)(1)(i) of this section so as to be readily identifiable
from the air and water, such color code being in the form of a circle at least 20 inches
(50.8 cm) in diameter on a background of colors contrasting to those contained in the
assigned color code;
(B) A buoy or timed-release buoy of such strength and buoyancy to float must be attached to
each spiny lobster trap or at each end of a string of traps;
(C) A buoy used to mark spiny lobster traps must bear the vessel's assigned color code and be
of such color, hue, and brilliancy as to be easily distinguished, seen, and located;
(D) A buoy used to mark spiny lobster traps must bear the vessel's Florida crawfish license or
trap number or, if not licensed by Florida, the vessel's Federal vessel permit number in
numbers at least 2 inches (5.08 cm) high; and
(E) A spiny lobster trap must bear the vessel's Florida crawfish license or trap number or, if not
licensed by Florida, the vessel's Federal vessel permit number permanently and legibly
affixed.
(2) A spiny lobster trap in the EEZ, other than off Florida, will be presumed to be the property of the most
recently documented owner. Upon the sale or transfer of a spiny lobster trap used in the EEZ, other
than off Florida, within 5 days of acquiring ownership, the person acquiring ownership must notify
the Florida Division of Law Enforcement of the Department of Environmental Protection for a trap
that bears a Florida crawfish license or trap number, or the RA, for a trap that bears a Federal vessel
permit number, as to the number of traps purchased, the vendor, and the crawfish license or trap
number, or Federal vessel permit number, currently displayed on the traps, and must request
issuance of a crawfish license or trap number, or Federal vessel permit, if the acquiring owner does
not possess such license or trap number or permit.
(c) Unmarked traps and buoys. An unmarked spiny lobster trap or buoy in the EEZ is illegal gear.
(1) EEZ off Florida. Such trap or buoy, and any connecting lines will be considered derelict and may be
disposed of in accordance with Rules 68B-55.002 and 68B-55.004 of the Florida Administrative
Code, in effect as of October 15, 2007 (incorporated by reference, see § 622.19). An owner of such
trap or buoy remains subject to appropriate civil penalties.
(2) EEZ other than off Florida. Such trap or buoy, and any connecting lines, will be considered unclaimed
or abandoned property and may be disposed of in any manner considered appropriate by the
Assistant Administrator or an authorized officer. An owner of such trap or buoy remains subject to
appropriate civil penalties.

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50 CFR 622.403

[78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37151, July 31, 2019; 87 FR 56237, Sept. 13, 2022]

§ 622.403 Seasons.
(a) EEZ off the southern Atlantic states, other than Florida. In the EEZ off the southern Atlantic states, other
than Florida, there are no seasonal restrictions on the harvest of spiny lobster or on the possession of
traps.
(b) EEZ off Florida and off the Gulf states, other than Florida —
(1) Commercial and recreational fishing season. The commercial and recreational fishing season for
spiny lobster in the EEZ off Florida and the EEZ off the Gulf states, other than Florida, begins on
August 6 and ends on March 31.
(2) Special recreational fishing seasons —
(i)

EEZ off Florida. There is a 2-day special recreational fishing season in the EEZ off Florida on the
last Wednesday and successive Thursday of July each year during which fishing for spiny
lobster is limited to diving or use of a bully net or hoop net. (See § 622.404 for general
prohibitions on gear and methods.) In the EEZ off Monroe County, Florida, no person may
harvest spiny lobster by diving at night, that is, from 1 hour after official sunset to 1 hour before
official sunrise, during this 2-day special recreational fishing season.

(ii) EEZ off the Gulf states, other than Florida. There is a 2-day special recreational fishing season in
the EEZ off the Gulf states, other than Florida, during the last Saturday and successive Sunday
of July each year during which fishing for spiny lobster may be conducted by authorized gear
and methods other than traps. (See § 622.404 for prohibitions on gear and methods.)
(3) Possession of traps.
(i)

In the EEZ off Florida, the rules and regulations applicable to the possession of spiny lobster
traps in Florida's waters in Rule 68B-24.005(3), (4), and (5), Florida Administrative Code, in
effect as of November 1, 2018 (incorporated by reference, see § 622.19), apply in their entirety
to the possession of spiny lobster traps in the EEZ off Florida. A spiny lobster trap, buoy, or rope
in the EEZ off Florida, during periods not authorized will be considered derelict and may be
disposed of in accordance with Rules 68B-55.002 and 68B-55.004 of the Florida Administrative
Code, in effect as of October 15, 2007 (incorporated by reference, see § 622.19). An owner of
such trap, buoy, or rope remains subject to appropriate civil penalties.

(ii) In the EEZ off the Gulf states, other than Florida, a spiny lobster trap may be placed in the water
prior to the commercial and recreational fishing season, which is specified in paragraph (b)(1)
of this section, beginning on August 1 and must be removed from the water after such season
not later than April 5. A spiny lobster trap, buoy, or rope in the EEZ off the Gulf states, other than
Florida, during periods not authorized in this paragraph will be considered unclaimed or
abandoned property and may be disposed of in any manner considered appropriate by the
Assistant Administrator or an authorized officer. An owner of such trap, buoy, or rope remains
subject to appropriate civil penalties.
(4) Possession of spiny lobsters. In the EEZ off Florida and the Gulf states, a whole or a part of a spiny
lobster subject to these regulations may only be possessed during the commercial and recreational
fishing season and the special recreational fishing season specified in § 622.403, unless
accompanied by proof of lawful harvest in the waters of a foreign nation. Consistent with the
50 CFR 622.403(b)(4) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.403(c)

provisions of paragraphs (b)(3)(i) and (ii) of this section, a spiny lobster in a trap in this area will not
be deemed to be possessed provided such spiny lobster is returned immediately to the water
unharmed when a trap is removed from the water between March 31 and April 15.
(c) Primacy of seasonal restrictions in the EEZ off Florida. The seasonal restrictions applicable in the EEZ off
Florida apply to all spiny lobsters and traps in the EEZ off Florida, without regard to harvest or use
elsewhere, unless accompanied by proof of lawful harvest elsewhere.
[78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37151, July 31, 2019; 87 FR 56237, Sept. 13, 2022]

§ 622.404 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods that apply more broadly to multiple fisheries or in some
cases all fisheries.
(a) A spiny lobster may not be taken in the EEZ with a spear, hook, or similar device, or gear containing such
devices. In the EEZ, the possession of a speared, pierced, or punctured spiny lobster is prima facie
evidence that prohibited gear was used to take such lobster. Hook, as used in this paragraph (a), does not
include a hook in a hook-and-line fishery for species other than spiny lobster; and possession of a spiny
lobster that has been speared, pierced, or punctured by such hook is not considered evidence that
prohibited gear was used to take the spiny lobster, provided no prohibited gear is on board the vessel.
(b) A spiny lobster may not be taken in a directed fishery by the use of a net or trawl. See § 622.408(b)(4) for
the bycatch limits applicable to a vessel that uses or has on board a net or trawl.
(c) Poisons and explosives may not be used to take a spiny lobster in the EEZ. For the purposes of this
paragraph (c), chlorine, bleach, and similar substances, which are used to flush a spiny lobster out of
rocks or coral, are poisons. A vessel in the spiny lobster fishery may not possess on board in the EEZ any
dynamite or similar explosive substance.
(d) Except for black sea bass pots and golden crab traps as allowed in § 622.188 and § 622.248, respectively,
the possession of all other traps is prohibited onboard a vessel in the South Atlantic EEZ when spiny
lobster subject to the recreational bag and possession limits specified in § 622.408 is also onboard the
vessel. The recreational harvest of spiny lobster using a trap is prohibited in the South Atlantic EEZ.
(e) In the EEZ off Florida, simultaneous possession of a bully net and any underwater breathing apparatus,
not including dive masks or snorkels, onboard a vessel used to harvest or transport spiny lobster for
commercial purposes is prohibited in accordance with Rule 68B-24.007(5), Florida Administrative Code, in
effect as of May 1, 2017 (incorporated by reference, see § 622.19). For the purpose of this paragraph, an
“underwater breathing apparatus” is any apparatus, whether self-contained or connected to a distant
source of air or other gas, whereby a person wholly or partially submerged in water is able to obtain or
reuse air or any other gas or gasses for breathing without returning to the surface of the water.
(f) In the EEZ off Florida, vessels that are or are required to be marked with or have identification associated
with a bully net permit for the harvest of spiny lobster are prohibited from having trap pullers aboard, in
accordance with Rule 68B-24.006(8), the Florida Administrative Code, in effect as of May 1, 2017
(incorporated by reference, see § 622.19).
[78 FR 22952, Apr. 17, 2013, as amended at 83 FR 29047, June 22, 2018; 84 FR 37152, July 31, 2019; 87 FR 56237, Sept. 13, 2022]

50 CFR 622.404(f) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.405

§ 622.405 Trap construction specifications and tending restrictions.
(a) Construction specifications. In the EEZ, a spiny lobster trap may be no larger in dimension than 3 feet by 2
feet by 2 feet (91.4 cm by 61.0 cm by 61.0 cm), or the volume equivalent. A trap constructed of material
other than wood must have a panel constructed of wood, cotton, or other material that will degrade at the
same rate as a wooden trap. Such panel must be located in the upper half of the sides or on top of the
trap, so that, when removed, there will be an opening in the trap no smaller than the diameter found at the
throat or entrance of the trap.
(b) Tending restrictions.
(1) A spiny lobster trap in the EEZ may be pulled or tended during daylight hours only, that is, from 1 hour
before official sunrise to 1 hour after official sunset.
(2) A spiny lobster trap in the EEZ may be pulled or tended only by the owner's vessel, except that
permission to pull or work traps belonging to another person may be granted—
(i)

For traps in the EEZ off Florida, by the Division of Law Enforcement, Florida Fish and Wildlife
Conservation Commission, in accordance with the procedures in Rule 68B-24.006(9), Florida
Administrative Code, in effect as of May 1, 2017 (incorporated by reference, see § 622.19).

(ii) For traps in the EEZ, other than off Florida, by the RA, as may be arranged upon written request.
[78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37152, July 31, 2019; 87 FR 56237, Sept. 13, 2022]

§ 622.406 Areas closed to lobster trap gear.
(a) Fishing with spiny lobster trap gear is prohibited year-round in the following areas bounded by rhumb lines
connecting, in order, the points listed.

50 CFR 622.406(a) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.406(a)(1)

(1) Lobster Trap Gear Closed Area 1.
Point

North lat.

West long.

A

24°31′15.002″

81°31′00.000″

B

24°31′15.002″

81°31′19.994″

C

24°31′29.999″

81°31′19.994″

D

24°31′29.999″

81°31′00.000″

A

24°31′15.002″

81°31′00.000″

(2) Lobster Trap Gear Closed Area 2.
Point

North lat.

West long.

A

24°31′20.205″

81°30′17.213″

B

24°31′17.858″

81°30′27.700″

C

24°31′27.483″

81°30′30.204″

D

24°31′29.831″

81°30′19.483″

A

24°31′20.205″

81°30′17.213″

(3) Lobster Trap Gear Closed Area 3.
Point

North lat.

West long.

A

24°31′42.665″

81°30′02.892″

B

24°31′45.013″

81°29′52.093″

C

24°31′34.996″

81°29′49.745″

D

24°31′32.335″

81°30′00.466″

A

24°31′42.665″

81°30′02.892″

(4) Lobster Trap Gear Closed Area 4.
Point

North lat.

West long.

A

24°31′50.996″

81°28′39.999″

B

24°31′50.996″

81°29′03.002″

C

24°31′56.998″

81°29′03.002″

D

24°31′56.998″

81°28′39.999″

A

24°31′50.996″

81°28′39.999″

(5) Lobster Trap Gear Closed Area 5.
Point

North lat.

West long.

A

24°32′20.014″

81°26′20.390″

B

24°32′13.999″

81°26′41.999″

C

24°32′27.004″

81°26′45.611″

50 CFR 622.406(a)(5) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.406(a)(6)

North lat.

West long.

D

24°32′33.005″

81°26′23.995″

A

24°32′20.014″

81°26′20.390″

(6) Lobster Trap Gear Closed Area 6.
Point

North lat.

West long.

A

24°32′30.011″

81°24′47.000″

B

24°32′23.790″

81°24′56.558″

C

24°32′45.997″

81°25′10.998″

D

24°32′52.218″

81°25′01.433″

A

24°32′30.011″

81°24′47.000″

(7) Lobster Trap Gear Closed Area 7.
Point

North lat.

West long.

A

24°32′46.834″

81°27′17.615″

B

24°32′41.835″

81°27′35.619″

C

24°32′54.003″

81°27′38.997″

D

24°32′59.002″

81°27′21.000″

A

24°32′46.834″

81°27′17.615″

(8) Lobster Trap Gear Closed Area 8.
Point

North lat.

West long.

A

24°33′10.002″

81°25′50.995″

B

24°33′04.000″

81°26′18.996″

C

24°33′17.253″

81°26′21.839″

D

24°33′23.254″

81°25′53.838″

A

24°33′10.002″

81°25′50.995″

(9) Lobster Trap Gear Closed Area 9.
Point

North lat.

West long.

A

24°33′22.004″

81°30′31.998″

B

24°33′22.004″

81°30′41.000″

C

24°33′29.008″

81°30′41.000″

D

24°33′29.008″

81°30′31.998″

A

24°33′22.004″

81°30′31.998″

50 CFR 622.406(a)(9) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.406(a)(10)

(10) Lobster Trap Gear Closed Area 10.
Point

North lat.

West long.

A

24°33′33.004″

81°30′00.000″

B

24°33′33.004″

81°30′09.998″

C

24°33′41.999″

81°30′09.998″

D

24°33′41.999″

81°30′00.000″

A

24°33′33.004″

81°30′00.000″

(11) Lobster Trap Gear Closed Area 11.
Point

North lat.

West long.

A

24°33′50.376″

81°23′35.039″

B

24°33′27.003″

81°24′51.003″

C

24°33′40.008″

81°24′54.999″

D

24°34′03.382″

81°23′39.035″

A

24°33′50.376″

81°23′35.039″

(12) Lobster Trap Gear Closed Area 12.
Point

North lat.

West long.

A

24°34′00.003″

81°19′29.996″

B

24°34′00.003″

81°20′04.994″

C

24°34′24.997″

81°20′04.994″

D

24°34′24.997″

81°19′29.996″

A

24°34′00.003″

81°19′29.996″

(13) Lobster Trap Gear Closed Area 13.
Point

North lat.

West long.

A

24°35′19.997″

81°14′25.002″

B

24°35′19.997″

81°14′34.999″

C

24°35′29.006″

81°14′34.999″

D

24°35′29.006″

81°14′25.002″

A

24°35′19.997″

81°14′25.002″

(14) Lobster Trap Gear Closed Area 14.
Point

North lat.

West long.

A

24°44′37.004″

80°46′47.000″

B

24°44′37.004″

80°46′58.000″

C

24°44′47.002″

80°46′58.000″

50 CFR 622.406(a)(14) (enhanced display)

page 272 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.406(a)(15)

North lat.

West long.

D

24°44′47.002″

80°46′47.000″

A

24°44′37.004″

80°46′47.000″

(15) Lobster Trap Gear Closed Area 15.
Point

North lat.

West long.

A

24°49′53.946″

80°38′17.646″

B

24°48′32.331″

80°40′15.530″

C

24°48′44.389″

80°40′23.879″

D

24°50′06.004″

80°38′26.003″

A

24°49′53.946″

80°38′17.646″

(16) Lobster Trap Gear Closed Area 16.
Point

North lat.

West long.

A

24°53′32.085″

80°33′22.065″

B

24°53′38.992″

80°33′14.670″

C

24°53′31.673″

80°33′07.155″

D

24°53′24.562″

80°33′14.886″

A

24°53′32.085″

80°33′22.065″

(17) Lobster Trap Gear Closed Area 17.
Point

North lat.

West long.

A

24°53′33.410″

80°32′50.247″

B

24°53′40.149″

80°32′42.309″

C

24°53′32.418″

80°32′35.653″

D

24°53′25.348″

80°32′43.302″

A

24°53′33.410″

80°32′50.247″

(18) Lobster Trap Gear Closed Area 18.
Point

North lat.

West long.

A

24°54′06.317″

80°32′34.115″

B

24°53′59.368″

80°32′41.542″

C

24°54′06.667″

80°32′48.994″

D

24°54′13.917″

80°32′41.238″

A

24°54′06.317″

80°32′34.115″

50 CFR 622.406(a)(18) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.406(a)(19)

(19) Lobster Trap Gear Closed Area 19.
Point

North lat.

West long.

A

24°54′06.000″

80°31′33.995″

B

24°54′06.000″

80°31′45.002″

C

24°54′36.006″

80°31′45.002″

D

24°54′36.006″

80°31′33.995″

A

24°54′06.000″

80°31′33.995″

(20) Lobster Trap Gear Closed Area 20.
Point

North lat.

West long.

A

24°56′21.104″

80°28′52.331″

B

24°56′17.012″

80°29′05.995″

C

24°56′26.996″

80°29′08.996″

D

24°56′31.102″

80°28′55.325″

A

24°56′21.104″

80°28′52.331″

(21) Lobster Trap Gear Closed Area 21.
Point

North lat.

West long.

A

24°56′53.006″

80°27′46.997″

B

24°56′21.887″

80°28′25.367″

C

24°56′35.002″

80°28′36.003″

D

24°57′06.107″

80°27′57.626″

A

24°56′53.006″

80°27′46.997″

(22) Lobster Trap Gear Closed Area 22.
Point

North lat.

West long.

A

24°57′35.001″

80°27′14.999″

B

24°57′28.011″

80°27′21.000″

C

24°57′33.999″

80°27′27.997″

D

24°57′40.200″

80°27′21.106″

A

24°57′35.001″

80°27′14.999″

(23) Lobster Trap Gear Closed Area 23.
Point

North lat.

West long.

A

24°58′58.154″

80°26′03.911″

B

24°58′48.005″

80°26′10.001″

C

24°58′52.853″

80°26′18.090″

50 CFR 622.406(a)(23) (enhanced display)

page 274 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.406(a)(24)

North lat.

West long.

D

24°59′03.002″

80°26′11.999″

A

24°58′58.154″

80°26′03.911″

(24) Lobster Trap Gear Closed Area 24.
Point

North lat.

West long.

A

24°59′17.009″

80°24′32.999″

B

24°58′41.001″

80°25′21.998″

C

24°58′57.591″

80°25′34.186″

D

24°59′33.598″

80°24′45.187″

A

24°59′17.009″

80°24′32.999″

(25) Lobster Trap Gear Closed Area 25.
Point

North lat.

West long.

A

24°59′44.008″

80°25′38.999″

B

24°59′27.007″

80°25′48.997″

C

24°59′32.665″

80°25′58.610″

D

24°59′49.666″

80°25′48.612″

A

24°59′44.008″

80°25′38.999″

(26) Lobster Trap Gear Closed Area 26.
Point

North lat.

West long.

A

25°01′00.006″

80°21′55.002″

B

25°01′00.006″

80°22′11.996″

C

25°01′18.010″

80°22′11.996″

D

25°01′18.010″

80°21′55.002″

A

25°01′00.006″

80°21′55.002″

(27) Lobster Trap Gear Closed Area 27.
Point

North lat.

West long.

A

25°01′34.997″

80°23′12.998″

B

25°01′18.010″

80°23′44.000″

C

25°01′22.493″

80°23′46.473″

D

25°01′36.713″

80°23′37.665″

E

25°01′46.657″

80°23′19.390″

A

25°01′34.997″

80°23′12.998″

50 CFR 622.406(a)(27) (enhanced display)

page 275 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.406(a)(28)

(28) Lobster Trap Gear Closed Area 28.
Point

North lat.

West long.

A

25°01′38.005″

80°21′25.998″

B

25°01′28.461″

80°21′46.158″

C

25°01′45.009″

80°21′53.999″

D

25°01′54.553″

80°21′33.839″

A

25°01′38.005″

80°21′25.998″

(29) Lobster Trap Gear Closed Area 29.
Point

North lat.

West long.

A

25°01′53.001″

80°23′08.995″

B

25°01′53.001″

80°23′17.997″

C

25°02′01.008″

80°23′17.997″

D

25°02′01.008″

80°23′08.995″

A

25°01′53.001″

80°23′08.995″

(30) Lobster Trap Gear Closed Area 30.
Point

North lat.

West long.

A

25°02′20.000″

80°22′11.001″

B

25°02′10.003″

80°22′50.002″

C

25°02′22.252″

80°22′53.140″

D

25°02′32.250″

80°22′14.138″

A

25°02′20.000″

80°22′11.001″

(31) Lobster Trap Gear Closed Area 31.
Point

North lat.

West long.

A

25°02′29.503″

80°20′30.503″

B

25°02′16.498″

80°20′43.501″

C

25°02′24.999″

80°20′52.002″

D

25°02′38.004″

80°20′38.997″

A

25°02′29.503″

80°20′30.503″

(32) Lobster Trap Gear Closed Area 32.
Point

North lat.

West long.

A

25°02′34.008″

80°21′57.000″

B

25°02′34.008″

80°22′14.997″

C

25°02′50.007″

80°22′14.997″

50 CFR 622.406(a)(32) (enhanced display)

page 276 of 359

50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.406(a)(33)

North lat.

West long.

D

25°02′50.007″

80°21′57.000″

A

25°02′34.008″

80°21′57.000″

(33) Lobster Trap Gear Closed Area 33.
Point

North lat.

West long.

A

25°03′11.294″

80°21′36.864″

B

25°03′02.540″

80°21′43.143″

C

25°03′08.999″

80°21′51.994″

D

25°03′17.446″

80°21′45.554″

A

25°03′11.294″

80°21′36.864″

(34) Lobster Trap Gear Closed Area 34.
Point

North lat.

West long.

A

25°03′30.196″

80°21′34.263″

B

25°03′39.267″

80°21′29.506″

C

25°03′35.334″

80°21′19.801″

D

25°03′26.200″

80°21′24.304″

A

25°03′30.196″

80°21′34.263″

(35) Lobster Trap Gear Closed Area 35.
Point

North lat.

West long.

A

25°03′26.001″

80°19′43.001″

B

25°03′26.001″

80°19′54.997″

C

25°03′41.011″

80°19′54.997″

D

25°03′41.011″

80°19′43.001″

A

25°03′26.001″

80°19′43.001″

(36) Lobster Trap Gear Closed Area 36.
Point

North lat.

West long.

A

25°07′03.008″

80°17′57.999″

B

25°07′03.008″

80°18′10.002″

C

25°07′14.997″

80°18′10.002″

D

25°07′14.997″

80°17′57.999″

A

25°07′03.008″

80°17′57.999″

50 CFR 622.406(a)(36) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.406(a)(37)

(37) Lobster Trap Gear Closed Area 37.
Point

North lat.

West long.

A

25°07′51.156″

80°17′27.910″

B

25°07′35.857″

80°17′37.091″

C

25°07′43.712″

80°17′50.171″

D

25°07′59.011″

80°17′40.998″

A

25°07′51.156″

80°17′27.910″

(38) Lobster Trap Gear Closed Area 38.
Point

North lat.

West long.

A

25°08′12.002″

80°17′09.996″

B

25°07′55.001″

80°17′26.997″

C

25°08′04.998″

80°17′36.995″

D

25°08′22.000″

80°17′20.000″

A

25°08′12.002″

80°17′09.996″

(39) Lobster Trap Gear Closed Area 39.
Point

North lat.

West long.

A

25°08′18.003″

80°17′34.001″

B

25°08′18.003″

80°17′45.997″

C

25°08′29.003″

80°17′45.997″

D

25°08′29.003″

80°17′34.001″

A

25°08′18.003″

80°17′34.001″

(40) Lobster Trap Gear Closed Area 40.
Point

North lat.

West long.

A

25°08′45.002″

80°15′50.002″

B

25°08′37.999″

80°15′56.998″

C

25°08′42.009″

80°16′00.995″

D

25°08′48.999″

80°15′53.998″

A

25°08′45.002″

80°15′50.002″

(41) Lobster Trap Gear Closed Area 41.
Point

North lat.

West long.

A

25°08′58.007″

80°17′24.999″

B

25°08′58.007″

80°17′35.999″

C

25°09′09.007″

80°17′35.999″

50 CFR 622.406(a)(41) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.406(a)(42)

North lat.

West long.

D

25°09′09.007″

80°17′24.999″

A

25°08′58.007″

80°17′24.999″

(42) Lobster Trap Gear Closed Area 42.
Point

North lat.

West long.

A

25°09′10.999″

80°16′00.000″

B

25°09′10.999″

80°16′09.997″

C

25°09′20.996″

80°16′09.997″

D

25°09′20.996″

80°16′00.000″

A

25°09′10.999″

80°16′00.000″

(43) Lobster Trap Gear Closed Area 43.
Point

North lat.

West long.

A

25°09′28.316″

80°17′03.713″

B

25°09′14.006″

80°17′17.000″

C

25°09′21.697″

80°17′25.280″

D

25°09′36.006″

80°17′12.001″

A

25°09′28.316″

80°17′03.713″

(44) Lobster Trap Gear Closed Area 44.
Point

North lat.

West long.

A

25°10′00.011″

80°16′06.000″

B

25°10′00.011″

80°16′17.000″

C

25°10′09.995″

80°16′17.000″

D

25°10′09.995″

80°16′06.000″

A

25°10′00.011″

80°16′06.000″

(45) Lobster Trap Gear Closed Area 45.
Point

North lat.

West long.

A

25°10′29.002″

80°15′52.995″

B

25°10′29.002″

80°16′04.002″

C

25°10′37.997″

80°16′04.002″

D

25°10′37.997″

80°15′52.995″

A

25°10′29.002″

80°15′52.995″

50 CFR 622.406(a)(45) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.406(a)(46)

(46) Lobster Trap Gear Closed Area 46.
Point

North lat.

West long.

A

25°11′05.998″

80°14′25.997″

B

25°11′05.998″

80°14′38.000″

C

25°11′20.006″

80°14′38.000″

D

25°11′20.006″

80°14′25.997″

A

25°11′05.998″

80°14′25.997″

(47) Lobster Trap Gear Closed Area 47.
Point

North lat.

West long.

A

25°12′00.998″

80°13′24.996″

B

25°11′43.008″

80°13′35.000″

C

25°11′48.007″

80°13′44.002″

D

25°12′06.011″

80°13′33.998″

A

25°12′00.998″

80°13′24.996″

(48) Lobster Trap Gear Closed Area 48.
Point

North lat.

West long.

A

25°12′18.343″

80°14′32.768″

B

25°12′02.001″

80°14′44.001″

C

25°12′07.659″

80°14′52.234″

D

25°12′24.001″

80°14′41.001″

A

25°12′18.343″

80°14′32.768″

(49) Lobster Trap Gear Closed Area 49.
Point

North lat.

West long.

A

25°15′23.998″

80°12′29.000″

B

25°15′04.676″

80°12′36.120″

C

25°15′09.812″

80°12′50.066″

D

25°15′29.148″

80°12′42.946″

A

25°15′23.998″

80°12′29.000″

(50) Lobster Trap Gear Closed Area 50.
Point

North lat.

West long.

A

25°16′01.997″

80°12′32.996″

B

25°15′33.419″

80°12′52.394″

C

25°15′44.007″

80°13′08.001″

50 CFR 622.406(a)(50) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.406(a)(51)

North lat.

West long.

D

25°16′12.585″

80°12′48.597″

A

25°16′01.997″

80°12′32.996″

(51) Lobster Trap Gear Closed Area 51.
Point

North lat.

West long.

A

25°16′33.006″

80°13′30.001″

B

25°16′33.006″

80°13′41.001″

C

25°16′34.425″

80°13′41.026″

D

25°16′41.850″

80°13′37.475″

E

25°16′42.001″

80°13′30.001″

A

25°16′33.006″

80°13′30.001″

(52) Lobster Trap Gear Closed Area 52.
Point

North lat.

West long.

A

25°17′04.715″

80°12′11.305″

B

25°16′17.007″

80°12′27.997″

C

25°16′23.997″

80°12′47.999″

D

25°17′11.705″

80°12′31.300″

A

25°17′04.715″

80°12′11.305″

(53) Lobster Trap Gear Closed Area 53.
Point

North lat.

West long.

A

25°17′23.008″

80°12′40.000″

B

25°17′23.008″

80°12′49.997″

C

25°17′33.005″

80°12′49.997″

D

25°17′33.005″

80°12′40.000″

A

25°17′23.008″

80°12′40.000″

(54) Lobster Trap Gear Closed Area 54.
Point

North lat.

West long.

A

25°20′57.996″

80°09′50.000″

B

25°20′57.996″

80°10′00.000″

C

25°21′07.005″

80°10′00.000″

D

25°21′07.005″

80°09′50.000″

A

25°20′57.996″

80°09′50.000″

50 CFR 622.406(a)(54) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.406(a)(55)

(55) Lobster Trap Gear Closed Area 55.
Point

North lat.

West long.

A

25°21′45.004″

80°09′51.998″

B

25°21′38.124″

80°09′56.722″

C

25°21′49.124″

80°10′12.728″

D

25°21′56.004″

80°10′07.997″

A

25°21′45.004″

80°09′51.998″

(56) Lobster Trap Gear Closed Area 56.
Point

North lat.

West long.

A

25°21′49.000″

80°09′21.999″

B

25°21′49.000″

80°09′31.996″

C

25°21′58.998″

80°09′31.996″

D

25°21′58.998″

80°09′21.999″

A

25°21′49.000″

80°09′21.999″

(57) Lobster Trap Gear Closed Area 57.
Point

North lat.

West long.

A

25°24′31.008″

80°07′36.997″

B

25°24′31.008″

80°07′48.999″

C

25°24′41.005″

80°07′48.999″

D

25°24′41.005″

80°07′36.997″

A

25°24′31.008″

80°07′36.997″

(58) Lobster Trap Gear Closed Area 58.
Point

North lat.

West long.

A

25°25′14.005″

80°07′27.995″

B

25°25′14.005″

80°07′44.001″

C

25°25′26.008″

80°07′44.001″

D

25°25′26.008″

80°07′27.995″

A

25°25′14.005″

80°07′27.995″

(59) Lobster Trap Gear Closed Area 59.
Point

North lat.

West long.

A

25°35′13.996″

80°05′39.999″

B

25°35′13.996″

80°05′50.999″

C

25°35′24.007″

80°05′50.999″

50 CFR 622.406(a)(59) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point

50 CFR 622.406(a)(60)

North lat.

West long.

D

25°35′24.007″

80°05′39.999″

A

25°35′13.996″

80°05′39.999″

(60) Lobster Trap Gear Closed Area 60.
Point

North lat.

West long.

A

25°40′57.003″

80°05′43.000″

B

25°40′57.003″

80°05′54.000″

C

25°41′06.550″

80°05′53.980″

D

25°41′18.136″

80°05′49.158″

E

25°41′18.001″

80°05′43.000″

A

25°40′57.003″

80°05′43.000″

(b) [Reserved]

§ 622.407 Minimum size limits and other harvest limitations.
(a) Minimum size limits.
(1) Except as provided in paragraph (c) of this section—
(i)

No person may possess a spiny lobster in or from the EEZ with a carapace length of 3.0 inches
(7.62 cm) or less; and

(ii) A spiny lobster, harvested in the EEZ by means other than diving, with a carapace length of 3.0
inches (7.62 cm) or less must be returned immediately to the water unharmed.
(2) No person may harvest or attempt to harvest a spiny lobster by diving in the EEZ unless he or she
possesses, while in the water, a measuring device capable of measuring the carapace length. A
spiny lobster captured by a diver must be measured in the water using such measuring device and, if
the spiny lobster has a carapace length of 3.0 inches (7.62 cm) or less, it must be released
unharmed immediately without removal from the water.
(3) Aboard a vessel authorized under paragraph (d) of this section to possess a separated spiny lobster
tail, no person may possess in or from the EEZ a separated spiny lobster tail with a tail length less
than 5.5 inches (13.97 cm).
(b) Berried lobsters. A berried (egg-bearing) spiny lobster in or from the EEZ must be returned immediately to
the water unharmed. If found in a trap in the EEZ, a berried spiny lobster may not be retained in the trap. A
berried spiny lobster in or from the EEZ may not be stripped of its eggs or otherwise molested. The
possession of a spiny lobster, or part thereof, in or from the EEZ from which eggs, swimmerettes, or
pleopods have been removed or stripped is prohibited.
(c) Undersized attractants. A live spiny lobster under the minimum size limit specified in paragraph (a)(1) of
this section that is harvested in the EEZ by a trap may be retained aboard the harvesting vessel for future
use as an attractant in a trap provided it is held in a live well aboard the vessel. The live well must provide
a minimum of 3⁄4 gallons (1.7 liters) of seawater per spiny lobster. An undersized spiny lobster so retained

50 CFR 622.407(c) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.407(d)

must be released to the water alive and unharmed immediately upon leaving the trap lines and prior to 1
hour after official sunset each day. No more than 50 undersized spiny lobsters plus 1 per trap aboard the
vessel may be retained aboard for use as attractants.
(d) Tail separation.
(1) The possession aboard a fishing vessel of a separated spiny lobster tail in or from the EEZ, is
authorized only when the possession is incidental to fishing exclusively in the EEZ on a trip of 48
hours or more and a valid Federal tail-separation permit, and either a valid Federal vessel permit for
spiny lobster or a valid Florida Saltwater Products License with a valid Florida Restricted Species
Endorsement and a valid Crawfish Endorsement, as specified in § 622.400(a)(2), has been issued to
and are on board the vessel.
(2) Spiny lobster must be landed either all whole or all tailed on a single fishing trip.
[78 FR 22952, Apr. 17, 2013, as amended at 83 FR 29047, June 22, 2018]

§ 622.408 Bag/possession limits.
(a) EEZ off the southern Atlantic states, other than Florida. The daily bag or possession limit for spiny lobster
in or from the EEZ off the southern Atlantic states, other than Florida, is two per person for commercial
and recreational fishing, year-round.
(b) EEZ off Florida and off the Gulf states, other than Florida —
(1) Commercial and recreational fishing season. Except as specified in paragraphs (b)(3) and (4) of this
section, during the commercial and recreational fishing season specified in § 622.403(b)(1), the daily
bag or possession limit of spiny lobster in or from the EEZ off Florida and off the Gulf states, other
than Florida, is six per person.
(2) Special recreational fishing seasons. During the special recreational fishing seasons specified in §
622.403(b)(2), the daily bag or possession limit of spiny lobster—
(i)

In or from the EEZ off the Gulf states, other than Florida, is six per person;

(ii) In or from the EEZ off Florida other than off Monroe County, Florida, is twelve per person; and
(iii) In or from the EEZ off Monroe County, Florida, is six per person.
(3) Exemption from the bag/possession limit. During the commercial and recreational fishing season
specified in § 622.403(b)(1), a person is exempt from the bag and possession limit specified in
paragraph (b)(1) of this section, provided—
(i)

The harvest of spiny lobsters is by diving, or by the use of a bully net, hoop net, or spiny lobster
trap; and

(ii) The vessel from which the person is operating has on board the required licenses, certificates,
or permits, as specified in § 622.400(a)(1).
(4) Harvest by net or trawl. During the commercial and recreational fishing season specified in §
622.403(b)(1), aboard a vessel with the required licenses, certificates, or permits specified in §
622.400(a)(1) that harvests spiny lobster by net or trawl or has on board a net or trawl, the
possession of spiny lobster in or from the EEZ off Florida and off the Gulf states, other than Florida,
may not exceed at any time 5 percent, whole weight, of the total whole weight of all fish lawfully in
50 CFR 622.408(b)(4) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.408(b)(5)

possession on board such vessel. If such vessel lawfully possesses a separated spiny lobster tail,
the possession of spiny lobster in or from the EEZ may not exceed at any time 1.6 percent, by weight
of the spiny lobster or parts thereof, of the total whole weight of all fish lawfully in possession on
board such vessel. For the purposes of this paragraph (b)(4), the term “net or trawl” does not include
a hand-held net, a loading or dip net, a bully net, or a hoop net.
(5) Harvest by diving.
(i)

The commercial daily harvest and possession limit of spiny lobster harvested by diving in or
from the EEZ off Broward, Miami-Dade, Monroe, Collier, and Lee Counties, Florida, is 250 spiny
lobster per vessel.

(ii) Diving at night. The provisions of paragraph (b)(3) of this section notwithstanding, a person who
harvests spiny lobster in the EEZ by diving at night, that is, from 1 hour after official sunset to 1
hour before official sunrise, is limited to the bag limit specified in paragraph (b)(1) of this
section, whether or not a Federal vessel permit specified in § 622.400(a)(1) has been issued to
and is on board the vessel from which the diver is operating.
(6) Harvest by bully nets in the EEZ off Florida. The commercial daily harvest and possession limit of
spiny lobster harvested by bully net in the EEZ off Florida is 250 spiny lobsters per vessel.
(c) Combination of bag/possession limits. A person who fishes for or possesses spiny lobster in or from the
EEZ under a bag or possession limit specified in paragraph (a) or (b) of this section may not combine the
bag or possession limits of those paragraphs or combine such bag or possession limit with a bag or
possession limit applicable to state waters.
(d) Responsibility for bag/possession limits. The operator of a vessel that fishes for or possesses spiny
lobster in or from the EEZ is responsible for the cumulative bag or possession limit specified in
paragraphs (a) and (b) of this section applicable to that vessel, based on the number of persons aboard.
(e) Transfer at sea. A person who fishes for or possesses spiny lobster in or from the EEZ under a bag or
possession limit specified in paragraph (a) or (b) of this section may not transfer a spiny lobster at sea
from a fishing vessel to any other vessel, and no person may receive at sea such spiny lobster.
[78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37152, July 31, 2019]

§ 622.409 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple minimum size limits apply to the importation of
spiny lobster into the United States—one that applies any place subject to the jurisdiction of the United
States other than Puerto Rico or the U.S. Virgin Islands, and more restrictive minimum size limits that
apply to Puerto Rico, St. Croix, and St. Thomas and St. John, respectively.
(1) No person may import a spiny lobster with less than a 5-ounce (142-gram) tail weight into any place
subject to the jurisdiction of the United States excluding Puerto Rico and the U.S. Virgin Islands. For
the purposes of paragraph (a) of this section, a 5-ounce (142-gram) tail weight is defined as a tail
that weighs 4.2-5.4 ounces (119-153 grams). If the documentation accompanying an imported spiny
lobster (including but not limited to product packaging, customs entry forms, bills of lading,
brokerage forms, or commercial invoices) indicates that the product does not satisfy the minimum
tail-weight requirement, the person importing such spiny lobster has the burden to prove that such
spiny lobster actually does satisfy the minimum tail-weight requirement or that such spiny lobster
has a tail length of 5.5 inches (13.97 cm) or greater or that such spiny lobster has or had a carapace
50 CFR 622.409(a)(1) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.409(a)(2)

length of greater than 3.0 inches (7.62 cm). If the imported product itself does not satisfy the
minimum tail-weight requirement, the person importing such spiny lobster has the burden to prove
that such spiny lobster has a tail length of 5.5 inches (13.97 cm) or greater or that such spiny lobster
has or had a carapace length of greater than 3.0 inches (7.62 cm). If the burden is satisfied, such
spiny lobster will be considered to be in compliance with the minimum 5-ounce (142-gram) tailweight requirement.
(2) See subparts S, T, and U of this part for the more restrictive minimum size limits that apply to spiny
lobster imported into Puerto Rico, St. Croix, and St. Thomas and St. John, respectively.
(b) Additional spiny lobster import prohibitions —
(1) Prohibition related to tail meat. No person may import into any place subject to the jurisdiction of the
United States spiny lobster tail meat that is not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person may import into any place subject to the
jurisdiction of the United States spiny lobster with eggs attached or spiny lobster from which eggs or
pleopods (swimmerets) have been removed or stripped. Pleopods (swimmerets) are the first five
pairs of abdominal appendages.
[78 FR 22952, Apr. 17, 2013, amended at 87 FR 56217, Sept. 13, 2022]

§ 622.410 Restrictions within the Tortugas marine reserves.
The following activities are prohibited within the Tortugas marine reserves: Fishing for any species and anchoring
by fishing vessels.
(a) EEZ portion of Tortugas North. The area is bounded by rhumb lines connecting the following points: From
point A at 24°40′00″ N. lat., 83°06′00″ W. long. to point B at 24°46′00″ N. lat., 83°06′00″ W. long. to point C
at 24°46′00″ N. lat., 83°00′00″ W. long.; thence along the line denoting the seaward limit of Florida's waters,
as shown on the current edition of NOAA chart 11438, to point A at 24°40′00″ N. lat., 83°06′00″ W. long.
(b) Tortugas South. The area is bounded by rhumb lines connecting, in order, the following points:
Point

North lat.

West long.

A

24°33′00″

83°09′00″

B

24°33′00″

83°05′00″

C

24°18′00″

83°05′00″

D

24°18′00″

83°09′00″

A

24°33′00″

83°09′00″

§ 622.411 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures
(AMs).
For recreational and commercial spiny lobster landings combined, the ACL is 9.60 million lb (4.35 million kg), whole
weight. The ACT is 8.64 million lb, (3.92 million kg) whole weight.
[83 FR 29047, June 22, 2018]

50 CFR 622.411 (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.412

§ 622.412 Adjustment of management measures.
In accordance with the framework procedures of the Fishery Management Plan for the Spiny Lobster Fishery of the
Gulf of Mexico and South Atlantic, the RA may establish or modify the following items:
(a) Reporting and monitoring requirements, permitting requirements, bag and possession limits, size limits,
vessel trip limits, closed seasons, closed areas, reopening of sectors that have been prematurely closed,
annual catch limits (ACLs), annual catch targets (ACTs), quotas, accountability measures (AMs),
maximum sustainable yield (or proxy), optimum yield, total allowable catch (TAC), management
parameters such as overfished and overfishing definitions, gear restrictions, gear markings and
identification, vessel identification requirements, acceptable biological catch (ABC) and ABC control rule,
rebuilding plans, and restrictions relative to conditions of harvested fish (such as tailing lobster,
undersized attractants, and use as bait).
(b) [Reserved]
[78 FR 22952, Apr. 17, 2013, as amended at 84 FR 37152, July 31, 2019]

§§ 622.413-622.414 [Reserved]
§ 622.415 Limited exemption regarding harvest in waters of a foreign nation.
(a) An owner or operator of a vessel that has legally harvested spiny lobsters in the waters of a foreign nation
and possesses spiny lobster, or separated tails, in the EEZ incidental to such foreign harvesting is exempt
from the requirements of this subpart, except for § 622.409 with which such an owner or operator must
comply, provided proof of lawful harvest in the waters of a foreign nation accompanies such lobsters or
tails.
(b) [Reserved]
[84 FR 37153, July 31, 2019]

§ 622.416 Restrictions on sale/purchase.
(a) Spiny lobster harvested in or from the EEZ or adjoining state waters by a vessel that has a valid Federal
commercial vessel permit for spiny lobster, as required under § 622.400(a)(1), or a valid Federal tailseparation permit for spiny lobster, as required under § 622.400(a)(2), may be sold or transferred only to a
dealer who has a valid Gulf and South Atlantic dealer permit, as required under § 622.400(a)(5).
(b) Spiny lobster harvested in or from the EEZ may be first received by a dealer who has a valid Gulf and
South Atlantic dealer permit, as required under § 622.400(a)(5), only from a vessel that has a valid Federal
commercial vessel permit for spiny lobster or a valid Federal tail-separation permit for spiny lobster.
[79 FR 19497, Apr. 9, 2014]

Subpart S—FMP for the EEZ around Puerto Rico
Source: 87 FR 56216, Sept. 13, 2022 unless otherwise noted.

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50 CFR 622.430

§ 622.430 Management area.
The management area is the EEZ around Puerto Rico bounded by rhumb lines connecting the following points and
geographic instructions in order:

Table 1 to § 622.430
Point

North lat.

West long.

A (intersects with the international and EEZ boundary)

19°37′29″

65°20′57″

B

18°25′46.3015″ 65°06′31.866″

From Point B proceed southerly along the 3-nautical mile territorial
boundary of the St. Thomas and St. John island group to Point C
C

18°13′59.0606″ 65°05′33.058″

D

18°01′16.9636″ 64°57′38.817″

E

17°30′00.000″

F

16°02′53.5812″ 65°20′00.1716″

65°20′00.1716″

From Point F proceed along the international and EEZ boundary
southwesterly, then northerly, then easterly, and finally southerly to Point
A
A (intersects with the International and EEZ boundary)

19°37′29″

65°20′57″

§ 622.431 Definitions.
In addition to the definitions and acronyms in § 622.2, the terms and acronyms used in this subpart have the
following meanings:
Coral means any or all species, or a part thereof, of coral occurring in the EEZ around Puerto Rico, including any
or all species, or a part thereof, of soft corals and gorgonians in Order Alcyonacea; sea pens and sea
pansies in Order Pennatulacea; black corals in Order Antipatharia; stony corals in Order Scleractinia; and,
within Order Anthoatheacata, fire corals in Family Milleporidae and lace corals in Family Stylasteridae.
Coral reef resource means any or all species, or a part thereof, of coral, sea cucumber, and sea urchin.
Pelagic fish means any or all species, or a part thereof, as follows:

Table 1 to § 622.431
Class or Family
Dolphinfishes—Coryphaenidae

Scientific name

English common name

Coryphaena hippurus

Dolphinfish.

Coryphaena equiselis

Pompano dolphinfish.

Barracudas—Sphyraenidae

Sphyraena barracuda

Great barracuda.

Mackerels and tunas—Scombridae

Thunnus atlanticus

Blackfin tuna.

Scomberomorus regalis

Cero.

Scomberomorus cavalla

King mackerel.

Euthynnus alletteratus

Little tunny.

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Class or Family
Tripletails—Lobotidae

50 CFR 622.431 “Queen conch”

Scientific name

English common name

Acanthocybium solandri

Wahoo.

Lobotes surinamensis

Tripletail.

Queen conch means the species Lobatus gigas, or a part thereof.
Rays means any or all species, or a part thereof, as follows:

Table 2 to § 622.431
Class or Family
Eagle and manta rays—Myliobatidae
Stingrays—Dasyatidae

Scientific name

English common name

Manta birostris

Giant manta.

Aetobatus narinari

Spotted eagle ray.

Dasyatis americana

Southern stingray.

Reef fish means any or all species, or a part thereof, as follows:

Table 3 to § 622.431
Class or Family
Angelfishes—Pomacanthidae

Scientific name

English common name

Pomacanthus paru

French angelfish.

Pomacanthus arcuatus

Gray angelfish.

Holacanthus ciliaris

Queen angelfish.

Mycteroperca bonaci

Black grouper.

Cephalopholis fulva

Coney.

Epinephelus itajara

Goliath grouper.

Cephalopholis cruentata

Graysby.

Hyporthodus mystacinus

Misty grouper.

Epinephelus striatus

Nassau grouper.

Epinephelus morio

Red grouper.

Epinephelus guttatus

Red hind.

Epinephelus adscensionis

Rock hind.

Mycteroperca tigris

Tiger grouper.

Hyporthodus flavolimbatus

Yellowedge grouper.

Mycteroperca venenosa

Yellowfin grouper.

Mycteroperca interstitialis

Yellowmouth grouper.

Grunts—Haemulidae

Haemulon plumierii

White grunt.

Jacks—Carangidae

Alectis ciliaris

African pompano.

Caranx hippos

Crevalle jack.

Elagatis bipinnulata

Rainbow runner.

Scarus coeruleus

Blue parrotfish.

Scarus coelestinus

Midnight parrotfish.

Groupers—Serranidae

Parrotfishes—Scaridae

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Class or Family

Snappers—Lutjanidae

Surgeonfishes—Acanthuridae

Triggerfishes—Balistidae

Wrasses—Labridae

Scientific name

50 CFR 622.431 “Sea cucumber”

English common name

Scarus taeniopterus

Princess parrotfish.

Scarus vetula

Queen parrotfish.

Scarus guacamaia

Rainbow parrotfish.

Sparisoma aurofrenatum

Redband parrotfish.

Sparisoma chrysopterum

Redtail parrotfish.

Sparisoma viride

Stoplight parrotfish.

Scarus iseri

Striped parrotfish.

Apsilus dentatus

Black snapper.

Lutjanus buccanella

Blackfin snapper.

Pristipomoides macrophthalmus

Cardinal snapper.

Lutjanus cyanopterus

Cubera snapper.

Lutjanus jocu

Dog snapper.

Lutjanus synagris

Lane snapper.

Lutjanus analis

Mutton snapper.

Etelis oculatus

Queen snapper.

Lutjanus apodus

Schoolmaster.

Lutjanus vivanus

Silk snapper.

Rhomboplites aurorubens

Vermilion snapper.

Pristipomoides aquilonaris

Wenchman.

Ocyurus chrysurus

Yellowtail snapper.

Acanthurus coeruleus

Blue tang.

Acanthurus chirurgus

Doctorfish.

Acanthurus tractus

Ocean surgeonfish.

Balistes capriscus

Gray triggerfish.

Canthidermis sufflamen

Ocean triggerfish.

Balistes vetula

Queen triggerfish.

Lachnolaimus maximus

Hogfish.

Halichoeres radiatus

Puddingwife.

Bodianus rufus

Spanish hogfish.

Sea cucumber means any or all species, or a part thereof, in Class Holothuroidea and occurring in the EEZ
around Puerto Rico.
Sea urchin means any or all species of sea urchin, or a part thereof, in Class Echinoidea and occurring in the EEZ
around Puerto Rico.
Spiny lobster trap means a trap and its component parts, including the lines and buoys, used for or capable of
taking spiny lobster and meeting the spiny lobster trap construction specifications of this subpart.

§ 622.432 [Reserved]
§ 622.433 Vessel identification.
See § 622.6 for vessel identification requirements applicable to this subpart.
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50 CFR 622.434

§ 622.434 Gear identification.
(a) Reef fish —
(1) Fish traps and associated buoys. All fish traps used or possessed in the EEZ around Puerto Rico
must display the official number specified for the vessel by Puerto Rico or the U.S. Virgin Islands. A
fish trap that is fished individually, rather than tied together in a trap line, must have at least one buoy
attached that floats on the surface. Fish traps that are tied together in a trap line must have at least
one buoy that floats at the surface attached at each end of the trap line. All buoys must display the
official number and color code assigned to the vessel by Puerto Rico or the U.S. Virgin Islands,
whichever is applicable.
(2) Presumption of ownership of fish traps. A fish trap in the EEZ around Puerto Rico will be presumed to
be the property of the most recently documented owner. This presumption will not apply with
respect to such traps that are lost or sold if the owner reports the loss or sale within 15 days to the
RA.
(3) Disposition of unmarked fish traps or buoys. An unmarked fish trap or buoy deployed in the EEZ
around Puerto Rico is illegal and may be disposed of in any appropriate manner by the Assistant
Administrator or an authorized officer.
(b) [Reserved]
(c) Spiny lobster —
(1) Spiny lobster traps and associated buoys. All spiny lobster traps used or possessed in the EEZ
around Puerto Rico must display the official number specified for the vessel by Puerto Rico or the
U.S. Virgin Islands. A spiny lobster trap that is fished individually, rather than tied together in a trap
line, must have at least one buoy attached that floats on the surface. Spiny lobster traps that are tied
together in a trap line must have at least one buoy that floats at the surface attached at each end of
the trap line. All buoys must display the official number and color code assigned to the vessel by
Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
(2) Presumption of ownership of spiny lobster traps. A spiny lobster trap in the EEZ around Puerto Rico
will be presumed to be the property of the most recently documented owner. This presumption will
not apply with respect to such traps that are lost or sold if the owner reports the loss or sale within
15 days to the RA.
(3) Disposition of unmarked spiny lobster traps or buoys. An unmarked spiny lobster trap or buoy
deployed in the EEZ around Puerto Rico is illegal and may be disposed of in any appropriate manner
by the Assistant Administrator or an authorized officer.

§ 622.435 Trap construction specifications and tending restrictions.
(a) Reef fish —
(1) Construction specifications —
(i)

Minimum mesh size. A bare-wire fish trap used or possessed in the EEZ around Puerto Rico that
has hexagonal mesh openings must have a minimum mesh size of 1.5 inches (3.8 cm) in the
smallest dimension measured between centers of opposite strands. A bare-wire fish trap used
or possessed in the EEZ around Puerto Rico that has other than hexagonal mesh openings or a

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50 CFR 622.435(a)(1)(ii)

fish trap of other than bare wire, such as coated wire or plastic, used or possessed in the EEZ
around Puerto Rico, must have a minimum mesh size of 2 inches (5.1 cm) in the smallest
dimension measured between centers of opposite strands.
(ii) Escape mechanisms. A fish trap used or possessed in the EEZ around Puerto Rico must have a
panel located on one side of the trap, excluding the top, bottom, and side containing the trap
entrance. The opening covered by the panel must measure not less than 8 by 8 inches (20.3 by
20.3 cm). The mesh size of the panel may not be smaller than the mesh size of the trap. The
panel must be attached to the trap with untreated jute twine with a diameter not exceeding
1⁄ -inch (3.2 mm). An access door may serve as the panel, provided it is on an appropriate side,
8
it is hinged only at its bottom, its only other fastening is untreated jute twine with a diameter not
exceeding 1⁄8-inch (3.2 mm), and such fastening is at the top of the door so that the door will
fall open when such twine degrades. Jute twine used to secure a panel may not be wrapped or
overlapped.
(2) Tending restrictions. A fish trap in the EEZ around Puerto Rico may be pulled or tended only by a
person (other than an authorized officer) aboard the fish trap owner's vessel, or aboard another
vessel if such vessel has on board written consent of the trap owner, or if the trap owner is aboard
and has documentation verifying his identification number and color code. An owner's written
consent must specify the time period such consent is effective and the trap owner's gear
identification number and color code.
(b) [Reserved]
(c) Spiny lobster —
(1) Construction specifications —
(i)

Escape mechanisms. A spiny lobster trap used or possessed in the EEZ around Puerto Rico
must contain on any vertical side or on the top a panel no smaller in diameter than the throat or
entrance of the trap. The panel must be made of or attached to the trap by one of the following
degradable materials:
(A) Untreated fiber of biological origin with a diameter not exceeding 1⁄8-inch (3.2 mm). This
includes, but is not limited to tyre palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not exceeding 1⁄16-inch (1.6 mm), that
is, 16-gauge wire.

(ii) [Reserved]
(2) Tending restrictions. A spiny lobster trap in the EEZ around Puerto Rico may be pulled or tended only
by a person (other than an authorized officer) aboard the trap owner's vessel, or aboard another
vessel if such vessel has on board written consent of the trap owner, or if the trap owner is aboard
and has documentation verifying his identification number and color code. An owner's written
consent must specify the time period such consent is effective and the trap owner's gear
identification number and color code.

§ 622.436 Anchoring restrictions.
The owner or operator of any fishing vessel, recreational or commercial, that fishes for or possesses reef fish in or
from the EEZ around Puerto Rico must ensure that the vessel uses only an anchor retrieval system that recovers the
anchor by its crown, thereby preventing the anchor from dragging along the bottom during recovery. For a grapnel
50 CFR 622.436 (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
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50 CFR 622.437

hook, this could include an incorporated anchor rode reversal bar that runs parallel along the shank, which allows
the rode to reverse and slip back toward the crown. For a fluke- or plow-type anchor, a trip line consisting of a line
from the crown of the anchor to a surface buoy is required.

§ 622.437 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods that apply more broadly to multiple fisheries or in some
cases all fisheries.
(a) Reef fish —
(1) Poisons. A poison, drug, or other chemical may not be used to fish for reef fish in the EEZ around
Puerto Rico.
(2) Powerheads. A powerhead may not be used in the EEZ around Puerto Rico to harvest reef fish. The
possession of a mutilated reef fish in or from the EEZ around Puerto Rico and a powerhead
constitutes a rebuttable presumption of a violation of this paragraph (a)(2).
(3) Gillnets and trammel nets. A gillnet or trammel net may not be used in the EEZ around Puerto Rico to
fish for reef fish. The possession of a reef fish in or from the EEZ around Puerto Rico and a gillnet or
trammel net constitutes a rebuttable presumption of a violation of this paragraph (a)(3). A gillnet or
trammel net used in the EEZ around Puerto Rico to fish for any other species must be tended at all
times.
(b) [Reserved]
(c) Spiny lobster —
(1) Spears and hooks. A spear, hook, or similar device may not be used in the EEZ around Puerto Rico to
harvest a spiny lobster. The possession of a speared, pierced, or punctured spiny lobster in or from
the EEZ around Puerto Rico constitutes a rebuttable presumption of a violation of this paragraph
(c)(1).
(2) Gillnets and trammel nets. A gillnet or trammel net may not be used in the EEZ around Puerto Rico to
fish for spiny lobster. The possession of a spiny lobster in or from the EEZ around Puerto Rico and a
gillnet or trammel net constitutes a rebuttable presumption of a violation of this paragraph (c)(2). A
gillnet or trammel net used in the EEZ around Puerto Rico to fish for any other species must be
tended at all times.

§ 622.438 Prohibited species.
The harvest and possession 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 around Puerto
Rico is responsible for the limit applicable to that vessel. Any of the following species caught in the EEZ around
Puerto Rico must be released immediately with a minimum of harm.
(a) Reef fish. No person may fish for or possess the following reef fish species in or from the EEZ around
Puerto Rico.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.

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50 CFR 622.438(b)

(b)-(c) [Reserved]
(d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or sea urchin may not be fished for or
possessed in or from the EEZ around Puerto Rico. The taking of coral in the EEZ around Puerto Rico is not
considered unlawful possession provided it is returned immediately to the sea in the general area of
fishing.
(e) Queen conch. No person may fish for or possess queen conch in or from the EEZ around Puerto Rico.
(f) Rays. No person may fish for or possess giant manta, spotted eagle ray, or southern stingray in or from
the EEZ around Puerto Rico.

§ 622.439 Area and seasonal closures.
(a) Closures applicable to specific areas —
(1) Abrir La Sierra Bank red hind spawning aggregation area. Abrir La Sierra Bank is bounded by rhumb
lines connecting, in order, the points listed in Table 1 to this paragraph (a)(1).
(i)

From December 1 through the last day of February, each year, fishing is prohibited in Abrir La
Sierra Bank.

(ii) Fishing with pots, traps, bottom longlines, gillnets or trammel nets is prohibited year-round in
Abrir La Sierra Bank.

Table 1 to § 622.439(a)(1)—Abrir La Sierra Bank
Point

North lat.

West long.

A

18°06.5′

67°26.9′

B

18°06.5′

67°23.9′

C

18°03.5′

67°23.9′

D

18°03.5′

67°26.9′

A

18°06.5′

67°26.9′

(2) Tourmaline Bank red hind spawning aggregation area. Tourmaline Bank is bounded by rhumb lines
connecting, in order, the points listed in Table 2 to this paragraph (a)(2).
(i)

From December 1 through the last day of February, each year, fishing is prohibited in those parts
of Tourmaline Bank that are in the EEZ around Puerto Rico.

(ii) Fishing with pots, traps, bottom longlines, gillnets or trammel nets is prohibited year-round in
those parts of Tourmaline Bank that are in the EEZ around Puerto Rico.

Table 2 to § 622.439(a)(2)—Tourmaline Bank
Point

North lat.

West long.

A

18°11.2′

67°22.4′

B

18°11.2′

67°19.2′

C

18°08.2′

67°19.2′

D

18°08.2′

67°22.4′

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Point
A

50 CFR 622.439(a)(3)

North lat.
18°11.2′

West long.
67°22.4′

(3) Bajo de Sico. Bajo de Sico is bounded by rhumb lines connecting, in order, the points listed in Table 3
to this paragraph (a)(3).
(i)

From October 1 through March 31, each year, no person may fish for or possess any reef fish in
or from those parts of Bajo de Sico that are in the EEZ around Puerto Rico. The prohibition on
possession does not apply to such reef fish harvested and landed ashore prior to the closure.

(ii) Fishing with pots, traps, bottom longlines, gillnets or trammel nets is prohibited year-round in
those parts of Bajo de Sico that are in the EEZ around Puerto Rico.
(iii) Anchoring by fishing vessels is prohibited year-round in those parts of Bajo de Sico that are in
the EEZ around Puerto Rico.

Table 3 to § 622.439(a)(3)—Bajo de Sico
Point

North lat.

West long.

A

18°15.7′

67°26.4′

B

18°15.7′

67°23.2′

C

18°12.7′

67°23.2′

D

18°12.7′

67°26.4′

A

18°15.7′

67°26.4′

(b) Seasonal closures applicable to specific species —
(1) Black, red, tiger, yellowedge, and yellowfin grouper closure. From February 1 through April 30, each
year, no person may fish for or possess black, red, tiger, yellowedge, or yellowfin grouper in or from
the EEZ around Puerto Rico. The prohibition on possession does not apply to such grouper
harvested and landed ashore prior to the closure.
(2) Red hind closure. From December 1 through the last day of February, each year, no person may fish
for or possess red hind in or from the EEZ around Puerto Rico west of 67°10′ W. longitude. The
prohibition on possession does not apply to red hind harvested and landed ashore prior to the
closure.
(3) Black, blackfin, silk, and vermilion snapper closure. From October 1 through December 31, each year,
no person may fish for or possess black, blackfin, silk, or vermilion snapper in or from the EEZ
around Puerto Rico. The prohibition on possession does not apply to such snapper harvested and
landed ashore prior to the closure.
(4) Lane and mutton snapper closure. From April 1 through June 30, each year, no person may fish for or
possess lane or mutton snapper in or from the EEZ around Puerto Rico. The prohibition on
possession does not apply to such snapper harvested and landed ashore prior to the closure.

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50 CFR 622.440

§ 622.440 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures
(AMs).
(a) Reef fish. For those fishing commercially, the applicable ACL is the commercial ACL. For those fishing
recreationally, the applicable ACL is the recreational ACL. When landings for one sector are not available
for comparison to that sector's ACL, the ACL for the sector with available landings is the ACL for the stock
or stock complex.
(1) Commercial ACLs. The commercial ACLs are as follows and given in round weight.

Table 1 to § 622.440(a)(1)
Family

Stock or stock complex and species composition

Commercial
ACL

Angelfishes

Angelfish—French angelfish, gray angelfish, queen angelfish

137 lb (62.1
kg).

Groupers

Grouper 3—coney,1 graysby

23,890 lb
(10,836.3 kg).

Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper,
yellowmouth grouper

2,492 lb
(1,130.3 kg)

Grouper 5—misty grouper, yellowedge grouper

15,327 lb
(6,952.2 kg).

Grouper 6—red hind,1 rock hind

121,729 lb
(55,215.3 kg).

Grunts

Grunts—white grunt

177,923 lb
(80,704.5 kg).

Jacks

Jacks 1—crevalle jack

46 lb (20.8
kg).

Jacks 2—African pompano

1,052 lb
(477.1 kg).

Jacks 3—rainbow runner

913 lb (414.1
kg).

Parrotfishes

Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish,
redtail parrotfish, stoplight parrotfish, striped parrotfish

147,774 lb
(67,029.1 kg).

Snappers

Snapper 1—black snapper, blackfin snapper, silk snapper,1 vermilion
snapper, wenchman

424,009 lb
(192,327.2
kg).

Snapper 2—cardinal snapper, queen snapper1

257,236 lb
(116,680.2
kg).

Snapper 3—lane snapper

244,376 lb
(110,847 kg).

Snapper 4—dog snapper, mutton snapper,1 schoolmaster

116,434 lb
(52,813.5 kg).

Snapper 5—yellowtail snapper

315,806 lb
(143,247.1

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Family

50 CFR 622.440(a)(2)

Stock or stock complex and species composition

Commercial
ACL
kg).

Snapper 6—cubera snapper
Surgeonfishes Surgeonfish—blue tang, doctorfish, ocean surgeonfish

119 lb (53.9
kg).
147 lb (66.6
kg).

Triggerfishes

Triggerfish—gray triggerfish, ocean triggerfish, queen triggerfish1

83,099 lb
(37,693 kg).

Wrasses

Wrasses 1—hogfish

70,140 lb
(31,814.9 kg).

Wrasses 2—puddingwife, Spanish hogfish

20,126 lb
(9,129 kg).

1

Indicator stock.

(2) Recreational ACLs. The recreational ACLs are as follows and given in round weight.

Table 2 to § 622.440(a)(2)
Family

Stock or stock complex and species composition

Recreational
ACL

Angelfishes

Angelfish—French angelfish, gray angelfish, queen angelfish

2,985 lb
(1,353.9 kg).

Groupers

Grouper 3—coney1, graysby

19,634 lb
(8,905.8 kg).

Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper,
yellowmouth grouper

5,867 lb
(2,661.2 kg).

Grouper 5—misty grouper, yellowedge grouper

4,225 lb
(1,916.4 kg).

Grouper 6—red hind1, rock hind

34,493 lb
(15,645.7 kg).

Grunts

Grunts—white grunt

2,461 lb
(1,116.2 kg).

Jacks

Jacks 1—crevalle jack

41,894 lb
(19,002.7 kg).

Jacks 2—African pompano

5,719 lb
(2,594 kg).

Jacks 3—rainbow runner

8,091 lb
(3,670 kg).

Parrotfishes

Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish,
redtail parrotfish, stoplight parrotfish, striped parrotfish

17,052 lb
(7,734.6 kg).

Snappers

Snapper 1—black snapper, blackfin snapper, silk snapper1, vermilion
snapper, wenchman

111,943 lb
(50,776.4 kg).

Snapper 2—cardinal snapper, queen snapper1

24,974 lb

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Family

Stock or stock complex and species composition

50 CFR 622.440(a)(3)

Recreational
ACL
(11,328 kg).

Snapper 3—lane snapper

21,603 lb
(9,798.9 kg).

Snapper 4—dog snapper, mutton snapper1, schoolmaster

76,625 lb
(34,756.5 kg).

Snapper 5—yellowtail snapper

23,988 lb
(10,880.7 kg).

Snapper 6—cubera snapper

6,448 lb
(2,924.7 kg).

Surgeonfishes Surgeonfish—blue tang, doctorfish, ocean surgeonfish

860 lb (390
kg).

Triggerfishes

Triggerfish—gray triggerfish, ocean triggerfish, queen triggerfish1

7,453 lb
(3,380.6 kg).

Wrasses

Wrasses 1—hogfish

8,263 lb
(3,748 kg).

Wrasses 2—puddingwife, Spanish hogfish

5,372 lb
(2,436.6 kg).

1

Indicator stock.

(3) Total ACLs. The total ACLs (combined commercial and recreational ACLs) are as follows and given in
round weight.

Table 3 to § 622.440(a)(3)
Family

Stock or stock complex and species composition

Total ACL

Angelfishes

Angelfish—French angelfish, gray angelfish, queen angelfish

3,122 lb
(1,416.1 kg).

Groupers

Grouper 3—coney,1 graysby

43,524 lb
(19,742.1 kg).

Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper,
yellowmouth grouper

8,359 lb
(3,791.5 kg).

Grouper 5—misty grouper, yellowedge grouper

19,552 lb
(8,868.6 kg).

Grouper 6—red hind,1 rock hind

156,222 lb
(70,861.1 kg).

Grunts

Grunts—white grunt

180,384 lb
(81,820.8 kg).

Jacks

Jacks 1—crevalle jack

41,940 lb
(19,023.6 kg).

Jacks 2—African pompano

6,771 lb
(3,071.2 kg).

Jacks 3—rainbow runner

9,004 lb

50 CFR 622.440(a)(3) (enhanced display)

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Family

Stock or stock complex and species composition

50 CFR 622.440(a)(4)

Total ACL
(4,084.1 kg).

Parrotfishes

Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish,
redtail parrotfish, stoplight parrotfish, striped parrotfish

164,826 lb
(74,763.8 kg).

Snappers

Snapper 1—black snapper, blackfin snapper, silk snapper,1 vermilion
snapper, wenchman

535,952 lb
(243,103.7
kg).

Snapper 2—cardinal snapper, queen snapper1

282,210 lb
(128,008.3
kg).

Snapper 3—lane snapper

265,979 lb
(120,646 kg).

Snapper 4—dog snapper, mutton snapper,1 schoolmaster

193,059 lb
(87,570 kg).

Snapper 5—yellowtail snapper

339,794 lb
(154,127.9
kg).

Snapper 6—cubera snapper

6,567 lb
(2,978.7 kg).

Surgeonfishes Surgeonfish—blue tang, doctorfish, ocean surgeonfish

1,007 lb
(456.7 kg).

Triggerfishes

Triggerfish—gray triggerfish, ocean triggerfish, queen triggerfish1

90,552 lb
(41,073.6 kg).

Wrasses

Wrasses 1—hogfish

78,403 lb
(35,563 kg).

Wrasses 2—puddingwife, Spanish hogfish

25,498 lb
(11,565.6 kg).

1

Indicator stock.

(4) General applicability and monitoring of AMs. At or near the beginning the fishing year, landings for
each stock, stock complex, or indicator stock will be evaluated relative to the ACL based on a moving
multi-year average of landings, as described in the FMP. When landings for one sector are not
available for comparison to that sector's ACL, the ACL for the sector with available landings is the
ACL for the stock or stock complex and the AM specified in paragraph (a)(7) of this section applies.
Any fishing season reduction required under paragraph (a) of this section will be applied starting
from September 30 and moving earlier toward the beginning of the fishing year. If the length of the
required fishing season reduction exceeds the time period of January 1 through September 30, any
additional fishing season reduction will be applied starting from October 1 and moving later toward
the end of the fishing year.
(5) Commercial AMs. If NMFS estimates that commercial landings for a stock, stock complex, or
indicator stock have exceeded the applicable commercial ACL specified in paragraph (a)(1) of this
section for the stock or stock complex, and the combined commercial and recreational landings for
the stock, stock complex, or indicator stock have exceeded the applicable combined commercial and
recreational sector ACL (total ACL) specified in paragraph (a)(3) of this section for that stock or
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50 CFR 622.440(a)(6)

stock complex, the Assistant Administrator for NOAA Fisheries (AA) will file a notification with the
Office of the Federal Register to reduce the length of the commercial fishing season for the stock or
stock complex within that fishing year by the amount necessary to prevent commercial landings
from exceeding the commercial ACL for the stock or stock complex, unless NMFS determines that a
fishing season reduction is not necessary based on the best scientific information available. If NMFS
determines that either the commercial ACL or total ACL for the stock or stock complex was
exceeded because data collection or monitoring improved rather than because landings increased,
NMFS will not reduce the length of the commercial fishing season for the stock or stock complex.
(6) Recreational AMs. If NMFS estimates that recreational landings for a stock, stock complex, or
indicator stock have exceeded the applicable recreational ACL specified in paragraph (a)(2) of this
section for the stock or stock complex, and the combined commercial and recreational landings for
the stock, stock complex, or indicator stock have exceeded the applicable combined commercial and
recreational ACL (total ACL) specified in paragraph (a)(3) of this section for that stock or stock
complex, the AA will file a notification with the Office of the Federal Register to reduce the length of
the recreational fishing season for the stock or stock complex within that fishing year by the amount
necessary to prevent recreational landings from exceeding the recreational ACL for the stock or
stock complex, unless NMFS determines that a fishing season reduction is not necessary based on
the best scientific information available. If NMFS determines that either the recreational ACL or total
ACL for the stock or stock complex was exceeded because data collection or monitoring improved
rather than because landings increased, NMFS will not reduce the length of the recreational fishing
season for the stock or stock complex.
(7) AM when only one sector's landings are available. When landings for one sector are not available for
comparison to that sector's ACL, the ACL for the sector with available landings in paragraph (a) of
this section is the applicable ACL for the stock or stock complex. If NMFS estimates that available
landings for the stock, stock complex, or indicator stock, have exceeded the applicable ACL for the
stock or stock complex, the AA will file a notification with the Office of the Federal Register to reduce
the length of the fishing season for the stock or stock complex within that fishing year by the amount
necessary to prevent landings from exceeding the ACL, unless NMFS determines that a fishing
season reduction is not necessary based on the best scientific information available. If NMFS
determines that the ACL was exceeded because data collection or monitoring improved rather than
because landings increased, NMFS will not reduce the length of the fishing season for the stock or
stock complex.
(b) Pelagic fish. The ACLs and ACTs are given in round weight. Indicator stocks are noted in the relevant
tables to paragraph (a) of this section. For those fishing commercially, the applicable ACL is the
commercial ACL and the applicable ACT is the commercial ACT. For those fishing recreationally, the
applicable ACL is the recreational ACL and the applicable ACT is the recreational ACT. When landings for
one sector are not available for comparison to that sector's ACL and ACT, the ACL and ACT for the sector
with available landings are the ACL and ACT for the stock or stock complex.
(1) Barracuda —great barracuda.
(i)

Commercial ACL—495 lb (224.5 kg).

(ii) Commercial ACT—445 lb (201.8 kg).
(iii) Recreational ACL—167,693 lb (76,064.2 kg).
(iv) Recreational ACT—150,924 lb (68,457.9 kg).
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50 CFR 622.440(b)(2)

(2) Dolphinfishes —dolphinfish, pompano dolphinfish.
(i)

Commercial ACL—232,173 lb (105,311.9 kg).

(ii) Commercial ACT—208,956 lb (94,780.8 kg).
(iii) Recreational ACL—1,513,873 lb (686,681.2 kg).
(iv) Recreational ACT—1,362,486 lb (618,013.2 kg).
(3) Mackerels —cero, king mackerel.
(i)

Commercial ACL—232,422 lb (105,424.8 kg).

(ii) Commercial ACT—209,180 lb (94,882.4 kg).
(iii) Recreational ACL—129,180 lb (58,595 kg).
(iv) Recreational ACT—116,262 lb (52,735.5 kg).
(4) Tripletail.
(i)

Commercial ACL—270 lb (122.4 kg).

(ii) Commercial ACT—243 lb (110.2 kg).
(iii) Recreational ACL—39,005 lb (17,692.3 kg).
(iv) Recreational ACT—35,105 lb (15,923.3 kg).
(5) Tunas —blackfin tuna, little tunny.
(i)

Commercial ACL—82,779 lb (37,547.9 kg).

(ii) Commercial ACT—74,501 lb (33,793 kg).
(iii) Recreational ACL—34,485 lb (15,642.1 kg).
(iv) Recreational ACT—31,037 lb (14,078.1 kg).
(6) Wahoo.
(i)

Commercial ACL—25,911 lb (11,753 kg).

(ii) Commercial ACT—23,320 lb (10,577.7 kg).
(iii) Recreational ACL—210,737 lb (95,588.6 kg).
(iv) Recreational ACT—189,663 lb (86,029.6 kg).
(7) Pelagic fish AM application. At or near the beginning the fishing year, landings for each stock, stock
complex, or indicator stock will be evaluated relative to the applicable ACT for the stock or stock
complex based on a moving multi-year average of landings, as described in the FMP. If NMFS
estimates that landings have exceeded the applicable ACT specified in paragraph (b) of this section
for a stock or stock complex, NMFS in consultation with the Caribbean Fishery Management Council
will determine appropriate corrective action.
(c) Spiny lobster.
(1) The ACL is 357,629 lb (162,218 kg), round weight.
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50 CFR 622.440(c)(2)

(2) At or near the beginning of the fishing year, NMFS will compare a 3 year average of available landings
to the average ACLs effective during those same years, as described in the FMP. If NMFS estimates
that average landings have exceeded the average ACLs, the AA will file a notification with the Office
of the Federal Register to reduce the length of the fishing season for spiny lobster within that fishing
year by the amount necessary to prevent average landings from exceeding the ACL for that fishing
year, as specified in paragraph (c)(1) of this section. If NMFS determines that a fishing season
reduction is not necessary based on the best scientific information available, or if NMFS determines
the ACL exceedance was due to improved data collection or monitoring rather than from increased
landings, NMFS will not reduce the length of the fishing season. Any fishing season reduction
required under this paragraph (c)(2) will be applied starting from September 30 and moving earlier
toward the beginning of the fishing year. If the length of the required fishing season reduction
exceeds the time period of January 1 through September 30, any additional fishing season reduction
will be applied starting from October 1 and moving later toward the end of the fishing year.
(d)-(e) [Reserved]
(f) Closure provisions for reef fish and spiny lobster —
(1) Restrictions applicable during a commercial closure for a reef fish stock or stock complex in the EEZ
around Puerto Rico. During the closure period announced in the notification filed pursuant to
paragraph (a)(5) of this section, the commercial sector included in the notification is closed, and
such stock or stock complex in or from the EEZ around Puerto Rico may not be purchased or sold.
Harvest or possession of such reef fish stock or stock complex in or from the EEZ around Puerto
Rico is limited to the recreational bag and possession limits. If the recreational sector for such stock
or stock complex also is closed, such stock or stock complex in or from the EEZ around Puerto Rico
may not be harvested, possessed, purchased, or sold, and the bag and possession limits are zero.
(2) Restrictions applicable during a recreational closure for a reef fish stock or stock complex in the EEZ
around Puerto Rico. During the closure period announced in the notification filed pursuant to
paragraph (a)(6) of this section, the recreational sector for the reef fish stock or stock complex
included in the notification is closed, and the bag and possession limits for such stock or stock
complex in or from the EEZ around Puerto Rico are zero. If the commercial sector for such stock or
stock complex also is closed, such stock or stock complex in or from the EEZ around Puerto Rico
may not be harvested, possessed, purchased, or sold, and the bag and possession limits are zero.
(3) Restrictions applicable during a closure for a reef fish stock or stock complex in the EEZ around
Puerto Rico when only one sector's landings are available. During the closure period announced in
the notification filed pursuant to paragraph (a)(7) of this section, the fishing season for the reef fish
stock or stock complex included in the notification is closed, and such stock or stock complex in or
from the EEZ around Puerto Rico may not be harvested, possessed, purchased, or sold, and the bag
and possession limits for such stock or stock complex are zero.
(4) Restrictions applicable during a spiny lobster closure in the EEZ around Puerto Rico. During the
closure period announced in the notification filed pursuant to paragraph (c)(2) of this section, the
fishing season for spiny lobster is closed, and spiny lobster in or from the EEZ around Puerto Rico
may not be harvested, possessed, purchased, or sold, and the bag and possession limits are zero.
[87 FR 56216, Sept. 13, 2022, as amended at 88 FR 16195, Mar. 16, 2023; 88 FR 46695, July 20, 2023; 89 FR 34169, Apr. 30, 2024]

50 CFR 622.440(f)(4) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR 622.441

§ 622.441 Size limits.
All size limits in this section are minimum size limits unless specified otherwise. A fish not in compliance with its
size limit in or from the EEZ around Puerto Rico may not be possessed, sold, or purchased, and must be released
immediately with a minimum of harm. The operator of a vessel that fishes in the EEZ around Puerto Rico is
responsible for ensuring that all species on board are in compliance with the size limits specified in this section.
See § 622.10 regarding requirements for landing fish intact. See § 622.445(c)(2) regarding requirements for landing
spiny lobster intact.
(a) Reef fish.
(1) Yellowtail snapper—12 inches (30.5 cm), TL.
(2) [Reserved]
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.

§ 622.442 [Reserved]
§ 622.443 Restrictions on sale or purchase.
(a) Reef fish. A live red hind or live mutton snapper in or from the EEZ around Puerto Rico may not be sold or
purchased and used in the marine aquarium trade.
(b) [Reserved]
(c) Coral.
(1) No person may sell or purchase a coral harvested in the EEZ around Puerto Rico.
(2) A coral that is sold in Puerto Rico will be presumed to have been harvested in the EEZ around Puerto
Rico, unless it is accompanied by documentation showing that it was harvested elsewhere. Such
documentation must contain:
(i)

The information specified in subpart K of part 300 of this title for marking containers or
packages of fish or wildlife that are imported, exported, or transported in interstate commerce.

(ii) The name and home port of the vessel, or the name and address of the individual harvesting the
coral.
(iii) The port and date of landing the coral.
(iv) A statement signed by the person selling the coral attesting that, to the best of his or her
knowledge, information, and belief, such coral was harvested from other than in the EEZ around
Puerto Rico or the waters of Puerto Rico or the U.S. Virgin Islands.

§ 622.444 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and possession limits. However, § 622.11(a)
notwithstanding, the bag limits of this section do not apply to a person who has a valid commercial fishing license
issued by Puerto Rico or the U.S. Virgin Islands.
(a) Reef fish.
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50 CFR 622.444(a)(1)

(1) Groupers, parrotfishes, and snappers combined—5 per person per day or, if 3 or more persons are
aboard, 15 per vessel per day; but not to exceed 2 parrotfish per person per day or 6 parrotfish per
vessel per day.
(2) Angelfishes, grunts, jacks, surgeonfishes, triggerfishes, and wrasses combined—5 per person per day
or, if 3 or more persons are aboard, 15 per vessel per day, but not to exceed 1 surgeonfish per person
per day or 4 surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per day, not to exceed 10 per vessel per day, whichever is less.

§ 622.445 Other harvest restrictions.
(a)-(b) [Reserved]
(c) Spiny lobster —
(1) Prohibition on harvest of egg-bearing spiny lobster. Egg-bearing spiny lobster in the EEZ around
Puerto Rico must be returned to the water unharmed. An egg-bearing spiny lobster may be retained
in a spiny lobster trap, provided the trap is returned immediately to the water. An egg-bearing spiny
lobster may not be stripped, scraped, shaved, clipped, or in any other manner molested, in order to
remove the eggs.
(2) Landing spiny lobster intact.
(i)

A spiny lobster in or from the EEZ around Puerto Rico must be maintained with head and
carapace intact through offloading ashore.

(ii) The operator of a vessel that fishes in the EEZ around Puerto Rico is responsible for ensuring
that spiny lobster on that vessel are maintained intact through offloading ashore, as specified in
this section.

§ 622.446 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple minimum size limits apply to importation of spiny
lobster into the United States—one that applies any place subject to the jurisdiction of the United States
other than Puerto Rico or the U.S. Virgin Islands, and more restrictive minimum size limits that apply to
Puerto Rico, St. Croix, and St. Thomas and St. John, respectively.
(1) No person may import a spiny lobster with less than a 6-ounce (170-gram) tail weight into Puerto
Rico. For the purposes of paragraph (a) of this section, a 6-ounce (170-gram) tail weight is defined
as a tail that weighs 5.9-6.4 ounces (167-181 grams). If the documentation accompanying an
imported spiny lobster, including but not limited to product packaging, customs entry forms, bills of
lading, brokerage forms, or commercial invoices, indicates that the product does not satisfy the
minimum tail-weight, the person importing such spiny lobster has the burden to prove that such
spiny lobster does satisfy the minimum tail-weight requirement or that such spiny lobster has a tail
length of 6.2 inches (15.75 cm) or greater or that such spiny lobster has or had a carapace length of
3.5 inches (8.89 cm) or greater. If the imported product itself does not satisfy the minimum tailweight requirement, the person importing such spiny lobster has the burden to prove that such spiny
lobster has a tail length of 6.2 inches (15.75 cm) or greater or that such spiny lobster has or had a
carapace length of 3.5 inches (8.89 cm) or greater. If the burden is satisfied, such spiny lobster will
be considered to be in compliance with the minimum 6-ounce (170-gram) tail-weight requirement.
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50 CFR 622.446(a)(2)

(2) See § 622.409 regarding the minimum size limit that applies to spiny lobster imported into any place
subject to the jurisdiction of the United States other than Puerto Rico or the U.S. Virgin Islands.
(3) See subparts T and U of this part for the minimum size limits that apply to spiny lobster imported
into St. Croix and St. Thomas and St. John, respectively.
(b) Additional spiny lobster import prohibitions —
(1) Prohibition related to tail meat. No person may import into any place subject to the jurisdiction of the
United States spiny lobster tail meat that is not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person may import into any place subject to the
jurisdiction of the United States spiny lobster with eggs attached or spiny lobster from which eggs or
pleopods (swimmerets) have been removed or stripped. Pleopods are the first five pairs of
abdominal appendages.

§ 622.447 Adjustment of management measures.
In accordance with the framework procedure of the Fishery Management Plan for the EEZ around Puerto Rico, the
RA may establish or modify the following items.
(a) Standard open framework procedures. Re-specify maximum sustainable yield (MSY), optimum yield (OY),
overfishing limit (OFL), maximum fishing mortality threshold (MFMT), minimum stock size threshold
(MSST), acceptable biological catch (ABC), ACL, ACT, sustainable yield level, and other related
management reference points and status determination criteria; establish or revise rebuilding plans;
revise AMs; modify reporting or monitoring requirements, and time or area closures and closure
procedures.
(b) Abbreviated open framework procedures. Gear or vessel marking requirements, maintaining fish in a
specific condition, size limits, commercial trip limits, recreational bag and possession limits, changes to
the length of an established closed season of no more than 1 day, and gear modifications to address
conservation issues including responding to interactions with species listed under the Endangered
Species Act or protected under the Marine Mammal Protection Act.

Subpart T—FMP for the EEZ Around St. Croix
Source: 87 FR 56217, Sept. 13, 2022 unless otherwise noted.

§ 622.470 Management area.
The management area is the EEZ around St. Croix bounded by rhumb lines connecting the following points and
geographic instructions in order:

Table 1 to § 622.470
Point
G

North lat.
18°03′03″

West long.
64° 38′ 03″

From Point G proceed along the international and EEZ boundary
easterly, then southerly, then southwesterly to Point F
50 CFR 622.470 (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
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50 CFR 622.471

Point

North lat.

West long.

F

16°
02′53.5812″

65°20′00.1716″

E

17°30′00.000″

65°20′00.1716″

D

18°01′16.9636″ 64°57′38.817″

G

18°03′03″

64°38′03″

§ 622.471 Definitions.
In addition to the definitions and acronyms in § 622.2, the terms and acronyms used in this subpart have the
following meanings:
Coral means any or all species, or a part thereof, of coral occurring in the EEZ around St. Croix, including any or
all species, or a part thereof, of soft corals and gorgonians in Order Alcyonacea; sea pens and sea pansies
in Order Pennatulacea; black corals in Order Antipatharia; stony corals in Order Scleractinia; and, within
Order Anthoatheacata, fire corals in Family Milleporidae and lace corals in Family Stylasteridae.
Coral reef resource means any or all species, or a part thereof, of coral, sea cucumber, and sea urchin.
Pelagic fish means any or all species, or a part thereof, as follows:

Table 1 to § 622.471
Class or Family

Scientific name

English common name

Dolphinfishes—Coryphaenidae

Coryphaena hippurus

Dolphinfish.

Mackerels and tunas—Scombridae

Acanthocybium solandri

Wahoo.

Queen conch means the species Lobatus gigas, or a part thereof.
Reef fish means any or all species, or a part thereof, as follows:

Table 2 to § 622.471
Class or family
Angelfishes—Pomacanthidae

Groupers—Serranidae

50 CFR 622.471 “Reef fish” (enhanced display)

Scientific name

English common name

Pomacanthus paru

French angelfish.

Pomacanthus arcuatus

Gray angelfish.

Holacanthus ciliaris

Queen angelfish.

Mycteroperca bonaci

Black grouper.

Cephalopholis fulva

Coney.

Epinephelus itajara

Goliath grouper.

Cephalopholis cruentata

Graysby.

Hyporthodus mystacinus

Misty grouper.

Epinephelus striatus

Nassau grouper.

Epinephelus morio

Red grouper.

Epinephelus guttatus

Red hind.
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Class or family

Scientific name

50 CFR 622.471 “Sea cucumber”

English common name

Epinephelus adscensionis

Rock hind.

Mycteroperca tigris

Tiger grouper.

Mycteroperca venenosa

Yellowfin grouper.

Haemulon sciurus

Bluestriped grunt.

Haemulon plumierii

White grunt.

Scarus coeruleus

Blue parrotfish.

Scarus coelestinus

Midnight parrotfish.

Scarus taeniopterus

Princess parrotfish.

Scarus vetula

Queen parrotfish.

Scarus guacamaia

Rainbow parrotfish.

Sparisoma aurofrenatum

Redband parrotfish.

Sparisoma rubripinne

Redfin parrotfish.

Sparisoma chrysopterum

Redtail parrotfish.

Sparisoma viride

Stoplight parrotfish.

Scarus iseri

Striped parrotfish.

Apsilus dentatus

Black snapper.

Lutjanus buccanella

Blackfin snapper.

Lutjanus griseus

Gray snapper.

Lutjanus synagris

Lane snapper.

Lutjanus analis

Mutton snapper.

Etelis oculatus

Queen snapper.

Lutjanus apodus

Schoolmaster.

Lutjanus vivanus

Silk snapper.

Rhomboplites aurorubens

Vermilion snapper.

Ocyurus chrysurus

Yellowtail snapper.

Squirrelfishes—Holocentridae

Holocentrus rufus

Longspine squirrelfish.

Surgeonfishes—Acanthuridae

Acanthurus coeruleus

Blue tang.

Acanthurus chirurgus

Doctorfish.

Acanthurus tractus

Ocean surgeonfish.

Balistes vetula

Queen triggerfish.

Grunts—Haemulidae
Parrotfishes—Scaridae

Snappers—Lutjanidae

Triggerfishes—Balistidae

Sea cucumber means any or all species, or a part thereof, in Class Holothuroidea and occurring in the EEZ of St.
Croix.
Sea urchin means any or all species of sea urchin, or a part thereof, in Class Echinoidea and occurring in the EEZ
of St. Croix.
Spiny lobster trap means a trap and its component parts, including the lines and buoys, used for or capable of
taking spiny lobster and meeting the spiny lobster trap construction specifications of this subpart.

§ 622.472 [Reserved]

50 CFR 622.472 (enhanced display)

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50 CFR 622.473

§ 622.473 Vessel identification.
See § 622.6 for vessel identification requirements applicable to this subpart.

§ 622.474 Gear identification.
(a) Reef fish —
(1) Fish traps and associated buoys. All fish traps used or possessed in the EEZ around St. Croix must
display the official number specified for the vessel by Puerto Rico or the U.S. Virgin Islands. A fish
trap that is fished individually, rather than tied together in a trap line, must have at least one buoy
attached that floats on the surface. Fish traps that are tied together in a trap line must have at least
one buoy that floats at the surface attached at each end of the trap line. All buoys must display the
official number and color code assigned to the vessel by Puerto Rico or the U.S. Virgin Islands,
whichever is applicable.
(2) Presumption of ownership of fish traps. A fish trap in the EEZ around St. Croix will be presumed to be
the property of the most recently documented owner. This presumption will not apply with respect to
such traps that are lost or sold if the owner reports the loss or sale within 15 days to the RA.
(3) Disposition of unmarked fish traps or buoys. An unmarked fish trap or buoy deployed in the EEZ
around St. Croix is illegal and may be disposed of in any appropriate manner by the Assistant
Administrator or an authorized officer.
(b) [Reserved]
(c) Spiny lobster —
(1) Spiny lobster traps and associated buoys. All spiny lobster traps used or possessed in the EEZ
around St. Croix must display the official number specified for the vessel by Puerto Rico or the U.S.
Virgin Islands. A spiny lobster trap that is fished individually, rather than tied together in a trap line,
must have at least one buoy attached that floats on the surface. Spiny lobster traps that are tied
together in a trap line must have at least one buoy that floats at the surface attached at each end of
the trap line. All buoys must display the official number and color code assigned to the vessel by
Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
(2) Presumption of ownership of spiny lobster traps. A spiny lobster trap in the EEZ around St. Croix will
be presumed to be the property of the most recently documented owner. This presumption will not
apply with respect to such traps that are lost or sold if the owner reports the loss or sale within 15
days to the RA.
(3) Disposition of unmarked spiny lobster traps or buoys. An unmarked spiny lobster trap or buoy
deployed in the EEZ around St. Croix is illegal and may be disposed of in any appropriate manner by
the Assistant Administrator or an authorized officer.

§ 622.475 Trap construction specifications and tending restrictions.
(a) Reef fish —
(1) Construction specifications —
(i)

Minimum mesh size. A bare-wire fish trap used or possessed in the EEZ around St. Croix that
has hexagonal mesh openings must have a minimum mesh size of 1.5 inches (3.8 cm) in the
smallest dimension measured between centers of opposite strands. A bare-wire fish trap used

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50 CFR 622.475(a)(1)(ii)

or possessed in the EEZ around St. Croix that has other than hexagonal mesh openings or a
fish trap of other than bare wire, such as coated wire or plastic, used or possessed in the EEZ
around St. Croix, must have a minimum mesh size of 2 inches (5.1 cm) in the smallest
dimension measured between centers of opposite strands.
(ii) Escape mechanisms. A fish trap used or possessed in the EEZ around St. Croix must have a
panel located on one side of the trap, excluding the top, bottom, and side containing the trap
entrance. The opening covered by the panel must measure not less than 8 by 8 inches (20.3 by
20.3 cm). The mesh size of the panel may not be smaller than the mesh size of the trap. The
panel must be attached to the trap with untreated jute twine with a diameter not exceeding
1⁄ -inch (3.2 mm). An access door may serve as the panel, provided it is on an appropriate side,
8
it is hinged only at its bottom, its only other fastening is untreated jute twine with a diameter not
exceeding 1⁄8-inch (3.2 mm), and such fastening is at the top of the door so that the door will
fall open when such twine degrades. Jute twine used to secure a panel may not be wrapped or
overlapped.
(2) Tending restrictions. A fish trap in the EEZ around St. Croix may be pulled or tended only by a person
(other than an authorized officer) aboard the fish trap owner's vessel, or aboard another vessel if
such vessel has on board written consent of the trap owner, or if the trap owner is aboard and has
documentation verifying his identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's gear identification number and
color code.
(b) [Reserved]
(c) Spiny lobster —
(1) Construction specifications —
(i)

Escape mechanisms. A spiny lobster trap used or possessed in the EEZ around St. Croix must
contain on any vertical side or on the top a panel no smaller in diameter than the throat or
entrance of the trap. The panel must be made of or attached to the trap by one of the following
degradable materials:
(A) Untreated fiber of biological origin with a diameter not exceeding 1⁄8-inch (3.2 mm). This
includes, but is not limited to tyre palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not exceeding 1⁄16-inch (1.6 mm), that
is, 16-gauge wire.

(ii) [Reserved]
(2) Tending restrictions. A spiny lobster trap in the EEZ around St. Croix may be pulled or tended only by
a person (other than an authorized officer) aboard the trap owner's vessel, or aboard another vessel
if such vessel has on board written consent of the trap owner, or if the trap owner is aboard and has
documentation verifying his identification number and color code. An owner's written consent must
specify the time period such consent is effective and the trap owner's gear identification number and
color code.

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50 CFR 622.476

§ 622.476 Anchoring restrictions.
The owner or operator of any fishing vessel, recreational or commercial, that fishes for or possesses reef fish in or
from the EEZ around St. Croix must ensure that the vessel uses only an anchor retrieval system that recovers the
anchor by its crown, thereby preventing the anchor from dragging along the bottom during recovery. For a grapnel
hook, this could include an incorporated anchor rode reversal bar that runs parallel along the shank, which allows
the rode to reverse and slip back toward the crown. For a fluke- or plow-type anchor, a trip line consisting of a line
from the crown of the anchor to a surface buoy is required.

§ 622.477 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods that apply more broadly to multiple fisheries or in some
cases all fisheries.
(a) Reef fish —
(1) Poisons. A poison, drug, or other chemical may not be used to fish for reef fish in the EEZ around St.
Croix.
(2) Powerheads. A powerhead may not be used in the EEZ around St. Croix to harvest reef fish. The
possession of a mutilated reef fish in or from the EEZ around St. Croix and a powerhead constitutes
a rebuttable presumption of a violation of this paragraph (a)(2).
(3) Gillnets and trammel nets. A gillnet or trammel net may not be used in the EEZ around St. Croix to
fish for reef fish. The possession of a reef fish in or from the EEZ around St. Croix and a gillnet or
trammel net constitutes a rebuttable presumption of a violation of this paragraph (a)(3). A gillnet or
trammel net used in the EEZ around St. Croix to fish for any other species must be tended at all
times.
(b) [Reserved]
(c) Spiny lobster —
(1) Spears and hooks. A spear, hook, or similar device may not be used in the EEZ around St. Croix to
harvest a spiny lobster. The possession of a speared, pierced, or punctured spiny lobster in or from
the EEZ around St. Croix constitutes a rebuttable presumption of a violation of this paragraph (c)(1).
(2) Gillnets and trammel nets. A gillnet or trammel net may not be used in the EEZ around St. Croix to
fish for spiny lobster. The possession of a spiny lobster in or from the EEZ around St. Croix and a
gillnet or trammel net constitutes a rebuttable presumption of a violation of this paragraph (c)(2). A
gillnet or trammel net used in the EEZ around St. Croix to fish for any other species must be tended
at all times.
(d) [Reserved]
(e) Queen conch. In the EEZ around St. Croix, no person may harvest queen conch by diving while using a
device that provides a continuous air supply from the surface.

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50 CFR 622.478

§ 622.478 Prohibited species.
The harvest and possession 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 around St.
Croix is responsible for the limit applicable to that vessel. Any of the following species caught in the EEZ around St.
Croix must be released immediately with a minimum of harm.
(a) Reef fish. No person may fish for or possess the following reef fish species in or from the EEZ around St.
Croix.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
(b)-(c) [Reserved]
(d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or sea urchin may not be fished for or
possessed in or from the EEZ around St. Croix. The taking of coral in the EEZ around St. Croix is not
considered unlawful possession provided it is returned immediately to the sea in the general area of
fishing.
(e) [Reserved]

§ 622.479 Area and seasonal closures.
(a) Closures applicable to specific areas —
(1) Mutton snapper spawning aggregation area. The mutton snapper spawning aggregation area is
bounded by rhumb lines connecting, in order, the points listed in Table 1 to this paragraph (a).
(i)

From March 1 through June 30, each year, fishing is prohibited in those parts of the mutton
snapper spawning aggregation area that are in the EEZ around St. Croix.

(ii) Fishing with pots, traps, bottom longlines, gillnets or trammel nets is prohibited year-round in
those parts of the mutton snapper spawning aggregation area that are in the EEZ around St.
Croix.

Table 1 to § 622.479(a)—Mutton Snapper Spawning Aggregation Area
Point

North lat.

West long.

A

17°37.8′

64°53.0′

B

17°39.0′

64°53.0′

C

17°39.0′

64°50.5′

D

17°38.1′

64°50.5′

E

17°37.8′

64°52.5′

A

17°37.8′

64°53.0′

(2) Red hind spawning aggregation area east of St. Croix. The red hind spawning aggregation area east
of St. Croix is bounded by rhumb lines connecting, in order, the points listed in Table 2 to this
paragraph (a)(2).

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(i)

50 CFR 622.479(a)(2)(i)

From December 1 through the last day of February, each year, fishing is prohibited in the red
hind spawning aggregation area east of St. Croix.

(ii) Fishing with pots, traps, bottom longlines, gillnets or trammel nets is prohibited year-round in
the red hind spawning aggregation area east of St. Croix.

Table 2 to § 622.479(a)(2)—Red Hind Spawning Aggregation Area East of
St. Croix
Point

North lat.

West long.

A

17°50.2′

64°27.9′

B

17°50.1′

64°26.1′

C

17°49.2′

64°25.8′

D

17°48.6′

64°25.8′

E

17°48.1′

64°26.1′

F

17°47.5′

64°26.9′

A

17°50.2′

64°27.9′

(b) Seasonal closures applicable to specific species —
(1) Black, red, tiger, and yellowfin grouper closure. From February 1 through April 30, each year, no
person may fish for or possess black, red, tiger, or yellowfin grouper in or from the EEZ around St.
Croix. The prohibition on possession does not apply to such grouper harvested and landed ashore
prior to the closure.
(2) Black, blackfin, silk, and vermilion snapper closure. From October 1 through December 31, each year,
no person may fish for or possess black, blackfin, silk, or vermilion snapper in or from the EEZ
around St. Croix. The prohibition on possession does not apply to such snapper harvested and
landed ashore prior to the closure.
(3) Lane and mutton snapper closure. From April 1 through June 30, each year, no person may fish for or
possess lane or mutton snapper in or from the EEZ around St. Croix. The prohibition on possession
does not apply to such snapper harvested and landed ashore prior to the closure.
(4) Queen conch. No person may fish for or possess a queen conch in or from the EEZ around St. Croix,
except from November 1 through May 31 in the area east of 64°34′ W longitude, which includes Lang
Bank.

§ 622.480 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures
(AMs).
(a) Reef fish.
(1) The ACLs are as follows and given in round weight.

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50 CFR 622.480(a)(1)

Table 1 to § 622.480(a)(1)
Family

Stock or stock complex and species composition

ACL

Angelfishes

Angelfish—French angelfish, gray angelfish, queen angelfish

6,412 lb
(2,908.4
kg).

Groupers

Grouper 3—coney,1 graysby

13,529 lb
(6,136.6
kg).

Grouper 4—red hind,1 rock hind

11,849 lb
(5,374.6
kg).

Grouper 5—black grouper, red grouper, tiger grouper, yellowfin grouper

701 lb
(317.9 kg).

Grouper 6—misty grouper

77 lb (34.9
kg).

Grunts

Grunts—bluestriped grunt, white grunt

27,169 lb
(12,323.6
kg).

Parrotfishes

Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redfin
parrotfish, redtail parrotfish,1 stoplight parrotfish,1 striped parrotfish

72,365 lb
(32,824.2
kg).

Snappers

Snapper 1—black snapper, blackfin snapper,1 silk snapper,1 vermilion
snapper

61,455 lb
(27,875.5
kg).

Snapper 2—queen snapper

7,911 lb
(3,588.3
kg).

Snapper 3—gray snapper, lane snapper

14,156 lb
(6,421 kg).

Snapper 4—mutton snapper

8,513 lb
(3,861.4
kg).

Snapper 5—schoolmaster

22,879 lb
(10,377.7
kg).

Snapper 6—yellowtail snapper

15,670 lb
(7,107.7
kg).

Squirrelfish—longspine squirrelfish

3,514
(1,593.9
kg).

Squirrelfishes

Surgeonfishes Surgeonfish—blue tang, doctorfish, ocean surgeonfish

39,061 lb
(17,717.7
kg).

Triggerfishes

21,450 lb

Triggerfish—queen triggerfish

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Family

Stock or stock complex and species composition

50 CFR 622.480(a)(2)

ACL
(9,729.5
kg).

1

Indicator stock.

(2) At or near the beginning the fishing year, landings for each stock, stock complex, or indicator stock
will be evaluated relative to the ACL based on a moving multi-year average of landings, as described
in the FMP. If NMFS estimates that landings for a stock, stock complex, or indicator stock have
exceeded the ACL specified in paragraph (a)(1) of this section for the stock or stock complex, the
Assistant Administrator for NOAA Fisheries (AA) will file a notification with the Office of the Federal
Register to reduce the length of the fishing season for the stock or stock complex within that fishing
year by the amount necessary to prevent landings from exceeding the ACL for the stock or stock
complex, unless NMFS determines that a fishing season reduction is not necessary based on the
best scientific information available. If NMFS determines that the ACL for a particular stock or stock
complex was exceeded because data collection or monitoring improved rather than because
landings increased, NMFS will not reduce the length of the fishing season for the stock or stock
complex. Any fishing season reduction required under this paragraph (a)(2) will be applied starting
from September 30 and moving earlier toward the beginning of the fishing year. If the length of the
required fishing season reduction exceeds the time period of January 1 through September 30, any
additional fishing season reduction will be applied starting from October 1 and moving later toward
the end of the fishing year.
(b) Pelagic fish. The ACLs and ACTs are given in round weight.
(1) Dolphinfish.
(i)

ACL—86,633 lb (39,296 kg).

(ii) ACT—77,970 lb (35,366.5 kg).
(2) Wahoo.
(i)

ACL—27,260 lb (12,364.9 kg).

(ii) ACT—24,534 lb (11,128.4 kg).
(3) Pelagic fish AM application. At or near the beginning the fishing year, landings for the stock or stock
complex will be evaluated relative to the ACT for the stock or stock complex based on a moving
multi-year average of landings, as described in the FMP. If NMFS estimates that landings have
exceeded the ACT specified in paragraph (b) of this section, NMFS in consultation with the
Caribbean Fishery Management Council will determine appropriate corrective action.
(c) Spiny lobster.
(1) The ACL is 137,254 lb (62,257 kg), round weight.
(2) At or near the beginning of the fishing year, NMFS will compare a 3 year average of available landings
to the average ACLs effective during those same years, as described in the FMP. If NMFS estimates
that average landings have exceeded the average ACLs, the AA will file a notification with the Office
of the Federal Register to reduce the length of the fishing season for spiny lobster within that fishing
year by the amount necessary to prevent average landings from exceeding the ACL for that fishing
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50 CFR 622.480(d)

year, as specified in paragraph (c)(1) of this section. If NMFS determines that a fishing season
reduction is not necessary based on the best scientific information available, or if NMFS determines
the ACL exceedance was due to improved data collection or monitoring rather than from increased
landings, NMFS will not reduce the length of the fishing season. Any fishing season reduction
required under this paragraph (c)(2) will be applied starting from September 30 and moving earlier
toward the beginning of the fishing year. If the length of the required fishing season reduction
exceeds the time period of January 1 through September 30, any additional fishing season reduction
will be applied starting from October 1 and moving later toward the end of the fishing year.
(d) [Reserved]
(e) Queen conch.
(1) ACL—50,000 lb (22,679.6 kg), round weight.
(2) If NMFS estimates landings reach or are projected to reach the ACL specified in paragraph (e)(1) of
this section, the AA will close the area east of 64°34′ W longitude in the EEZ around St. Croix to the
harvest and possession of queen conch by filing a notification of the closure with the Office of the
Federal Register. During the closure period, no person may fish for or possess a queen conch in or
from the area east of 64°34′ W longitude in the EEZ around St. Croix.
(f) Closure provisions for reef fish, spiny lobster, and queen conch. The following restrictions apply during a
fishing season closure for reef fish, spiny lobster, or queen conch in the EEZ around St. Croix. During the
closure period announced in the notification filed pursuant to paragraph (a)(2), (c)(2), or (e)(2) of this
section, such stock or stock complex in or from the EEZ around St. Croix may not be harvested,
possessed, purchased, or sold, and the commercial trip limits and recreational bag and possession limits
are zero.
[87 FR 56216, Sept. 13, 2022, as amended at 88 FR 16196, Mar. 16, 2023; 89 FR 34169, Apr. 30, 2024]

§ 622.481 Size limits.
All size limits in this section are minimum size limits unless specified otherwise. A fish not in compliance with its
size limit in or from the EEZ around St. Croix may not be possessed, sold, or purchased, and must be released
immediately with a minimum of harm. The operator of a vessel that fishes in the EEZ around St. Croix is responsible
for ensuring that all species on board are in compliance with the size limits specified in this section. See § 622.10
regarding requirements for landing fish intact. See § 622.485(c)(2) regarding requirements for landing spiny lobster
intact. See § 622.485(e) regarding requirements for landing queen conch with the meat and shell intact.
(a) Reef fish.
(1) Yellowtail snapper—12 inches (30.5 cm), TL.
(2) Parrotfishes, except for redband parrotfish, and prohibited blue parrotfish, midnight parrotfish, or
rainbow parrotfish—9 inches (22.9 cm), FL.
(3) Redband parrotfish—8 inches (20.3 cm), FL.
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.
(d) [Reserved]
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50 CFR 622.481(e)

(e) Queen conch.
(1) The minimum size limit is either 9 inches (22.9 cm) in length, that is, from the tip of the spire to the
distal end of the shell, or 3⁄8-inch (9.5 mm) in lip width at its widest point.
(2) A queen conch not in compliance with its size limit, as specified in paragraph (e)(1) of this section, in
or from the EEZ around St. Croix, may not be possessed, sold, or purchased and must be released
immediately with a minimum of harm. The operator of a vessel that fishes in the EEZ around St.
Croix is responsible for ensuring that queen conch on board are in compliance with the size limit
specified in paragraph (e)(1) this section.

§ 622.482 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 around St. Croix 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 around St. Croix may not be transferred at sea, regardless of
where such transfer takes place.
(a) Queen conch. (1) 200.
(2) The trip limits specified in paragraph (a)(1) of this section apply to a vessel that has at least one
person on board with a valid commercial fishing license issued by Puerto Rico or the U.S. Virgin
Islands. If no person on the vessel has a valid commercial fishing license issued by Puerto Rico or
the U.S. Virgin Islands, the bag and possession limits specified in § 622.484(e) apply.
(b) [Reserved]

§ 622.483 Restrictions on sale or purchase.
(a) Reef fish. A live red hind or live mutton snapper in or from the EEZ around St. Croix may not be sold or
purchased and used in the marine aquarium trade.
(b) [Reserved]
(c) Coral.
(1) No person may sell or purchase a coral harvested in the EEZ around St. Croix.
(2) A coral that is sold in St. Croix will be presumed to have been harvested in the EEZ around St. Croix,
unless it is accompanied by documentation showing that it was harvested elsewhere. Such
documentation must contain:
(i)

The information specified in subpart K of part 300 of this title for marking containers or
packages of fish or wildlife that are imported, exported, or transported in interstate commerce.

(ii) The name and home port of the vessel, or the name and address of the individual harvesting the
coral.
(iii) The port and date of landing the coral.
(iv) A statement signed by the person selling the coral attesting that, to the best of his or her
knowledge, information, and belief, such coral was harvested from other than in the EEZ around
St. Croix or the waters of Puerto Rico or the U.S. Virgin Islands.

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50 CFR 622.484

§ 622.484 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and possession limits. However, § 622.11(a)
notwithstanding, the bag limits of this section do not apply to a person who has a valid commercial fishing license
issued by Puerto Rico or the U.S. Virgin Islands.
(a) Reef fish.
(1) Groupers, parrotfishes, and snappers combined—5 per person per day or, if 3 or more persons are
aboard, 15 per vessel per day; but not to exceed 2 parrotfish per person per day or 6 parrotfish per
vessel per day.
(2) Angelfishes, grunts, squirrelfishes, surgeonfishes, and triggerfishes combined—5 per person per day
or, if 3 or more persons are aboard, 15 per vessel per day, but not to exceed 1 surgeonfish per person
per day or 4 surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per day, not to exceed 10 per vessel per day, whichever is less.
(d) [Reserved]
(e) Queen conch. 3 per person per day or, if more than 4 persons are aboard, 12 per vessel per day.

§ 622.485 Other harvest restrictions.
(a)-(b) [Reserved]
(c) Spiny lobster —
(1) Prohibition on harvest of egg-bearing spiny lobster. Egg-bearing spiny lobster in the EEZ around St.
Croix must be returned to the water unharmed. An egg-bearing spiny lobster may be retained in a
spiny lobster trap, provided the trap is returned immediately to the water. An egg-bearing spiny
lobster may not be stripped, scraped, shaved, clipped, or in any other manner molested, in order to
remove the eggs.
(2) Landing spiny lobster intact.
(i)

A spiny lobster in or from the EEZ around St. Croix must be maintained with head and carapace
intact through offloading ashore.

(ii) The operator of a vessel that fishes in the EEZ around St. Croix is responsible for ensuring that
spiny lobster on that vessel are maintained intact through offloading ashore, as specified in this
section.
(d) [Reserved]
(e) Queen conch.
(1) A queen conch in or from the EEZ around St. Croix must be maintained with meat and shell intact
through offloading ashore.
(2) The operator of a vessel that fishes in the EEZ around St. Croix is responsible for ensuring that queen
conch on that vessel are maintained intact through offloading ashore, as specified in this section.

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50 CFR 622.486

§ 622.486 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple minimum size limits apply to importation of spiny
lobster into the United States—one that applies any place subject to the jurisdiction of the United States
other than Puerto Rico or the U.S. Virgin Islands, and more restrictive minimum size limits that apply to
Puerto Rico, St Croix, and St. Thomas and St. John, respectively.
(1) No person may import a spiny lobster with less than a 6-ounce (170-gram) tail weight into St. Croix.
For the purposes of paragraph (a) of this section, a 6-ounce (170-gram) tail weight is defined as a tail
that weighs 5.9-6.4 ounces (167-181 grams). If the documentation accompanying an imported spiny
lobster, including but not limited to product packaging, customs entry forms, bills of lading,
brokerage forms, or commercial invoices, indicates that the product does not satisfy the minimum
tail-weight, the person importing such spiny lobster has the burden to prove that such spiny lobster
does satisfy the minimum tail-weight requirement or that such spiny lobster has a tail length of 6.2
inches (15.75 cm) or greater or that such spiny lobster has or had a carapace length of 3.5 inches
(8.89 cm) or greater. If the imported product itself does not satisfy the minimum tail-weight
requirement, the person importing such spiny lobster has the burden to prove that such spiny lobster
has a tail length of 6.2 inches (15.75 cm) or greater or that such spiny lobster has or had a carapace
length of 3.5 inches (8.89 cm) or greater. If the burden is satisfied, such spiny lobster will be
considered to be in compliance with the minimum 6-ounce (170-gram) tail-weight requirement.
(2) See § 622.409 regarding the minimum size limit that applies to spiny lobster imported into any place
subject to the jurisdiction of the United States other than Puerto Rico or the U.S. Virgin Islands.
(3) See subparts S and U of this part for the minimum size limits that apply to spiny lobster imported
into Puerto Rico and St. Thomas and St. John, respectively.
(b) Additional spiny lobster import prohibitions —
(1) Prohibition related to tail meat. No person may import into any place subject to the jurisdiction of the
United States spiny lobster tail meat that is not in whole tail form with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No person may import into any place subject to the
jurisdiction of the United States spiny lobster with eggs attached or spiny lobster from which eggs or
pleopods (swimmerets) have been removed or stripped. Pleopods are the first five pairs of
abdominal appendages.

§ 622.487 Adjustment of management measures.
In accordance with the framework procedure of the Fishery Management Plan for the EEZ around St Croix, the RA
may establish or modify the following items.
(a) Standard open framework procedures. Re-specify maximum sustainable yield (MSY), optimum yield (OY),
overfishing limit (OFL), maximum fishing mortality threshold (MFMT), minimum stock size threshold
(MSST), acceptable biological catch (ABC), ACL, ACT, sustainable yield level, and other related
management reference points and status determination criteria; establish or revise rebuilding plans;
revise AMs; modify reporting or monitoring requirements, and time or area closures and closure
procedures.

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50 CFR 622.487(b)

(b) Abbreviated open framework procedures. Gear or vessel marking requirements, maintaining fish in a
specific condition, size limits, commercial trip limits, recreational bag and possession limits, changes to
the length of an established closed season of no more than 1 day, and gear modifications to address
conservation issues including responding to interactions with species listed under the Endangered
Species Act or protected under the Marine Mammal Protection Act.

Subpart U—FMP for the EEZ around St. Thomas and St. John
Source: 87 FR 56217, Sept. 13, 2022 unless otherwise noted.

§ 622.505 Management area.
The management area is the EEZ around St. Thomas and St. John bounded by rhumb lines connecting the following
points and geographic instructions in order:

Table 1 to § 622.505
Point
A (intersects with the international and EEZ boundary)

North lat.

West long.

19°37′29″

65°20′57″

G

18°03′03″

64°38′03″

D

18°01′16.9636″ 64°57′38.817″

C

18°13′59.0606″ 65°05′33.058″

From Point A proceed along the international and EEZ boundary
southeasterly to Point G

From Point C proceed along the 3-nautical mile territorial boundary
around St. Thomas and St. John northerly to Point B
B

18°25′46.3015″ 65°06′31.866″

A (intersects with the international and EEZ boundary)

19°37′29″

65°20′57″

§ 622.506 Definitions.
In addition to the definitions and acronyms in § 622.2, the terms and acronyms used in this subpart have the
following meanings:
Coral means any or all species, or a part thereof, of coral occurring in the EEZ around St. Thomas and St. John,
including any or all species, or a part thereof, of soft corals and gorgonians in Order Alcyonacea; sea pens
and sea pensies in Order Pennatulacea; black corals in Order Antipatharia; and stony corals in Order
Scleractinia; and, within Order Anthoatheacata, fire corals in Family Milleporidae and lace corals in Family
Stylasteridae.
Coral reef resource means any or all species, or a part thereof, of coral, sea cucumber, and sea urchin.
Pelagic fish means any or all species, or a part thereof, as follows:

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50 CFR 622.506 “Queen conch”

Table 1 to § 622.506
Class or family

Scientific name

English common name

Dolphinfishes—Coryphaenidae

Coryphaena hippurus

Dolphinfish.

Mackerels and tunas—Scombridae

Acanthocybium solandri

Wahoo.

Queen conch means the species Lobatus gigas, or a part thereof.
Reef fish means any or all species, or a part thereof, as follows:

Table 2 to § 622.506
Class or family
Angelfishes—Pomacanthidae

Scientific name

English common name

Pomacanthus paru

French angelfish.

Pomacanthus arcuatus

Gray angelfish.

Holacanthus ciliaris

Queen angelfish.

Mycteroperca bonaci

Black grouper.

Cephalopholis fulva

Coney.

Epinephelus itajara

Goliath grouper.

Hyporthodus mystacinus

Misty grouper.

Epinephelus striatus

Nassau grouper.

Epinephelus morio

Red grouper.

Epinephelus guttatus

Red hind.

Mycteroperca tigris

Tiger grouper.

Hyporthodus flavolimbatus

Yellowedge grouper.

Mycteroperca venenosa

Yellowfin grouper.

Mycteroperca interstitialis

Yellowmouth grouper.

Haemulon sciurus

Bluestriped grunt.

Haemulon album

Margate.

Haemulon plumierii

White grunt.

Jacks—Carangidae

Caranx crysos

Blue runner.

Parrotfishes—Scaridae

Scarus coeruleus

Blue parrotfish.

Scarus coelestinus

Midnight parrotfish.

Scarus taeniopterus

Princess parrotfish.

Scarus vetula

Queen parrotfish.

Scarus guacamaia

Rainbow parrotfish.

Sparisoma aurofrenatum

Redband parrotfish.

Sparisoma rubripinne

Redfin parrotfish.

Sparisoma chrysopterum

Redtail parrotfish.

Sparisoma viride

Stoplight parrotfish.

Scarus iseri

Striped parrotfish.

Calamus bajonado

Jolthead porgy.

Groupers—Serranidae

Grunts—Haemulidae

Porgies—Sparidae
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Class or family

Scientific name

50 CFR 622.506 “Sea cucumber”

English common name

Calamus calamus

Saucereye porgy.

Archosargus rhomboidalis

Sea bream.

Calamus penna

Sheepshead porgy.

Apsilus dentatus

Black snapper.

Lutjanus buccanella

Blackfin snapper.

Lutjanus synagris

Lane snapper.

Lutjanus analis

Mutton snapper.

Etelis oculatus

Queen snapper.

Lutjanus vivanus

Silk snapper.

Rhomboplites aurorubens

Vermilion snapper.

Ocyurus chrysurus

Yellowtail snapper.

Acanthurus coeruleus

Blue tang.

Acanthurus chirurgus

Doctorfish.

Acanthurus tractus

Ocean surgeonfish.

Triggerfishes—Balistidae

Balistes vetula

Queen triggerfish.

Wrasses—Labridae

Lachnolaimus maximus

Hogfish.

Snappers—Lutjanidae

Surgeonfishes—Acanthuridae

Sea cucumber means any or all species, or a part thereof, in Class Holothuroidea and occurring in the EEZ of St.
Thomas and St. John.
Sea urchin means any or all species of sea urchin, or a part thereof, in Class Echinoidea and occurring in the EEZ
of St. Thomas and St. John.
Spiny lobster trap means a trap and its component parts, including the lines and buoys, used for or capable of
taking spiny lobster and meeting the spiny lobster trap construction specifications of this subpart.

§ 622.507 [Reserved]
§ 622.508 Vessel identification.
See § 622.6 for vessel identification requirements applicable to this subpart.

§ 622.509 Gear identification.
(a) Reef fish —
(1) Fish traps and associated buoys. All fish traps used or possessed in the EEZ around St. Thomas and
St. John must display the official number specified for the vessel by Puerto Rico or the U.S. Virgin
Islands. A fish trap that is fished individually, rather than tied together in a trap line, must have at
least one buoy attached that floats on the surface. Fish traps that are tied together in a trap line
must have at least one buoy that floats at the surface attached at each end of the trap line. All buoys
must display the official number and color code assigned to the vessel by Puerto Rico or the U.S.
Virgin Islands, whichever is applicable.

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50 CFR 622.509(a)(2)

(2) Presumption of ownership of fish traps. A fish trap in the EEZ around St. Thomas and St. John will be
presumed to be the property of the most recently documented owner. This presumption will not
apply with respect to such traps that are lost or sold if the owner reports the loss or sale within 15
days to the RA.
(3) Disposition of unmarked fish traps or buoys. An unmarked fish trap or buoy deployed in the EEZ
around St. Thomas and St. John is illegal and may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer.
(b) [Reserved]
(c) Spiny lobster —
(1) Spiny lobster traps and associated buoys. All spiny lobster traps used or possessed in the EEZ
around St. Thomas and St. John must display the official number specified for the vessel by Puerto
Rico or the U.S. Virgin Islands. A spiny lobster trap that is fished individually, rather than tied together
in a trap line, must have at least one buoy attached that floats on the surface. Spiny lobster traps
that are tied together in a trap line must have at least one buoy that floats at the surface attached at
each end of the trap line. All buoys must display the official number and color code assigned to the
vessel by Puerto Rico or the U.S. Virgin Islands, whichever is applicable.
(2) Presumption of ownership of spiny lobster traps. A spiny lobster trap in the EEZ around St. Thomas
and St. John will be presumed to be the property of the most recently documented owner. This
presumption will not apply with respect to such traps that are lost or sold if the owner reports the
loss or sale within 15 days to the RA.
(3) Disposition of unmarked spiny lobster traps or buoys. An unmarked spiny lobster trap or buoy
deployed in the EEZ around St. Thomas and St. John is illegal and may be disposed of in any
appropriate manner by the Assistant Administrator or an authorized officer.

§ 622.510 Trap construction specifications and tending restrictions.
(a) Reef fish —
(1) Construction specifications —
(i)

Minimum mesh size. A bare-wire fish trap used or possessed in the EEZ around St. Thomas and
St. John that has hexagonal mesh openings must have a minimum mesh size of 1.5 inches (3.8
cm) in the smallest dimension measured between centers of opposite strands. A bare-wire fish
trap used or possessed in the EEZ around St. Thomas and St. John that has other than
hexagonal mesh openings or a fish trap of other than bare wire, such as coated wire or plastic,
used or possessed in the EEZ around St. Thomas and St. John, must have a minimum mesh
size of 2 inches (5.1 cm) in the smallest dimension measured between centers of opposite
strands.

(ii) Escape mechanisms. A fish trap used or possessed in the EEZ around St. Thomas and St. John
must have a panel located on one side of the trap, excluding the top, bottom, and side
containing the trap entrance. The opening covered by the panel must measure not less than 8
by 8 inches (20.3 by 20.3 cm). The mesh size of the panel may not be smaller than the mesh
size of the trap. The panel must be attached to the trap with untreated jute twine with a
diameter not exceeding 1⁄8-inch (3.2 mm). An access door may serve as the panel, provided it is
on an appropriate side, it is hinged only at its bottom, its only other fastening is untreated jute
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50 CFR 622.510(a)(2)

twine with a diameter not exceeding 1⁄8-inch (3.2 mm), and such fastening is at the top of the
door so that the door will fall open when such twine degrades. Jute twine used to secure a
panel may not be wrapped or overlapped.
(2) Tending restrictions. A fish trap in the EEZ around St. Thomas and St. John may be pulled or tended
only by a person (other than an authorized officer) aboard the fish trap owner's vessel, or aboard
another vessel if such vessel has on board written consent of the trap owner, or if the trap owner is
aboard and has documentation verifying his identification number and color code. An owner's
written consent must specify the time period such consent is effective and the trap owner's gear
identification number and color code.
(b) [Reserved]
(c) Spiny lobster —
(1) Construction specifications —
(i)

Escape mechanisms. A spiny lobster trap used or possessed in the EEZ around St. Thomas and
St. John must contain on any vertical side or on the top a panel no smaller in diameter than the
throat or entrance of the trap. The panel must be made of or attached to the trap by one of the
following degradable materials:
(A) Untreated fiber of biological origin with a diameter not exceeding 1⁄8-inch (3.2 mm). This
includes, but is not limited to tyre palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not exceeding 1⁄16-inch (1.6 mm), that
is, 16-gauge wire.

(ii) [Reserved]
(2) Tending restrictions. A spiny lobster trap in the EEZ around St. Thomas and St. John may be pulled or
tended only by a person (other than an authorized officer) aboard the trap owner's vessel, or aboard
another vessel if such vessel has on board written consent of the trap owner, or if the trap owner is
aboard and has documentation verifying his identification number and color code. An owner's
written consent must specify the time period such consent is effective and the trap owner's gear
identification number and color code.

§ 622.511 Anchoring restrictions.
The owner or operator of any fishing vessel, recreational or commercial, that fishes for or possesses reef fish in or
from the EEZ around St. Thomas and St. John must ensure that the vessel uses only an anchor retrieval system that
recovers the anchor by its crown, thereby preventing the anchor from dragging along the bottom during recovery.
For a grapnel hook, this could include an incorporated anchor rode reversal bar that runs parallel along the shank,
which allows the rode to reverse and slip back toward the crown. For a fluke- or plow-type anchor, a trip line
consisting of a line from the crown of the anchor to a surface buoy is required.

§ 622.512 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods that apply more broadly to multiple fisheries or in some
cases all fisheries.
(a) Reef fish —

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50 CFR 622.512(a)(1)

(1) Poisons. A poison, drug, or other chemical may not be used to fish for reef fish in the EEZ around St.
Thomas and St. John.
(2) Powerheads. A powerhead may not be used in the EEZ around St. Thomas and St. John to harvest
reef fish. The possession of a mutilated reef fish in or from the EEZ around St. Thomas and St. John
and a powerhead constitutes a rebuttable presumption of a violation of this paragraph (a)(2).
(3) Gillnets and trammel nets. A gillnet or trammel net may not be used in the EEZ around St. Thomas
and St. John to fish for reef fish. The possession of a reef fish in or from the EEZ around St. Thomas
and St. John and a gillnet or trammel net constitutes a rebuttable presumption of a violation of this
paragraph (a)(3). A gillnet or trammel net used in the EEZ around St. Thomas and St. John to fish for
any other species must be tended at all times.
(b) [Reserved]
(c) Spiny lobster —
(1) Spears and hooks. A spear, hook, or similar device may not be used in the EEZ around St. Thomas
and St. John to harvest a spiny lobster. The possession of a speared, pierced, or punctured spiny
lobster in or from the EEZ around St. Thomas and St. John constitutes a rebuttable presumption of a
violation of this paragraph (c)(1).
(2) Gillnets and trammel nets. A gillnet or trammel net may not be used in the EEZ around St. Thomas
and St. John to fish for spiny lobster. The possession of a spiny lobster in or from the EEZ around St.
Thomas and St. John and a gillnet or trammel net constitutes a rebuttable presumption of a violation
of this paragraph (c)(2). A gillnet or trammel net used in the EEZ around St. Thomas and St. John to
fish for any other species must be tended at all times.

§ 622.513 Prohibited species.
The harvest and possession 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 around St.
Thomas and St. John is responsible for the limit applicable to that vessel. Any of the following species caught in the
EEZ around St. Thomas and St. John must be released immediately with a minimum of harm.
(a) Reef fish. No person may fish for or possess the following reef fish species in or from the EEZ around St.
Thomas and St. John.
(1) Goliath grouper or Nassau grouper.
(2) Blue parrotfish, midnight parrotfish, or rainbow parrotfish.
(b)-(c) [Reserved]
(d) Coral, sea cucumber, and sea urchin. A coral, sea cucumber, or sea urchin may not be fished for or
possessed in or from the EEZ around St. Thomas and St. John. The taking of coral in the EEZ around St.
Thomas and St. John is not considered unlawful possession provided it is returned immediately to the
sea in the general area of fishing.
(e) Queen conch. No person may fish for or possess queen conch in or from the EEZ around St. Thomas and
St. John.

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50 CFR 622.514

§ 622.514 Area and seasonal closures.
(a) Closures applicable to specific areas —
(1) Grammanik Bank. The Grammanik Bank is bounded by rhumb lines connecting, in order, the points
listed in Table 1 to this paragraph (a)(1).
(i)

From February 1 through April 30, each year, no person may fish for or possess any species of
fish, except highly migratory species, in or from the Grammanik Bank. The prohibition on
possession does not apply to such fish harvested and landed ashore prior to the closure. For
the purpose of this paragraph (a)(1)(i), fish means finfish, mollusks, crustaceans, and all other
forms of marine animal and plant life other than marine mammals and birds. Highly migratory
species means bluefin, bigeye, yellowfin, albacore, and skipjack tunas; swordfish; sharks (listed
in appendix A to part 635 of this title); and white marlin, blue marlin, sailfish, and longbill
spearfish.

(ii) Fishing with pots, traps, bottom longlines, gillnets or trammel nets is prohibited year-round in
the Grammanik Bank.

Table 1 to § 622.514(a)(1)—Grammanik Bank
Point

North lat.

West long.

A

18°11.898′

64°56.328′

B

18°11.645′

64°56.225′

C

18°11.058′

64°57.810′

D

18°11.311′

64°57.913′

A

18°11.898′

64°56.328′

(2) Hind Bank Marine Conservation District (MCD). The Hind Bank MCD is bounded by rhumb lines
connecting, in order, the points listed in Table 2 to this paragraph (a)(2). Fishing for any species and
anchoring by fishing vessels is prohibited year-round in those parts of the Hind Bank MCD that are in
the EEZ around St. Thomas and St. John.

Table 2 to § 622.514(a)(2)—Hind Bank MCD
Point

North lat.

West long.

A

18°13.2′

65°06.0′

B

18°13.2′

64°59.0′

C

18°11.8′

64°59.0′

D

18°10.7′

65°06.0′

A

18°13.2′

65°06.0′

(b) Seasonal closures applicable to specific species —

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50 CFR 622.514(b)(1)

(1) Black, red, tiger, yellowedge, and yellowfin grouper closure. From February 1 through April 30, each
year, no person may fish for or possess black, red, tiger, yellowedge, or yellowfin grouper in or from
the EEZ around St. Thomas and St. John. The prohibition on possession does not apply to such
grouper harvested and landed ashore prior to the closure.
(2) Black, blackfin, silk, and vermilion snapper closure. From October 1 through December 31, each year,
no person may fish for or possess black, blackfin, silk, or vermilion snapper in or from the EEZ
around St. Thomas and St. John. The prohibition on possession does not apply to such snapper
harvested and landed ashore prior to the closure.
(3) Lane and mutton snapper closure. From April 1 through June 30, each year, no person may fish for or
possess lane or mutton snapper in or from the EEZ around St. Thomas and St. John. The prohibition
on possession does not apply to such snapper harvested and landed ashore prior to the closure.

§ 622.515 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures
(AMs).
(a) Reef fish.
(1) The following ACLs are as follows and given in round weight.

Table 1 to § 622.515(a)(1)
Family

Stock or stock complex and species composition

ACL

Angelfishes

Angelfish—French angelfish, gray angelfish,1 queen angelfish

18,297 lb
(8,299.3
kg).

Groupers

Grouper 3—coney, red hind1

65,030 lb
(29,497.1
kg).

Grouper 4—black grouper, red grouper, tiger grouper, yellowfin grouper

2,254 lb
(1,022.3
kg).

Grouper 5—misty grouper, yellowedge grouper, yellowmouth grouper

390 lb
(176.9 kg).

Grunts 1—bluestriped grunt, white grunt1

30,581 lb
(13,871.3
kg).

Grunts 2—margate

2,319 lb
(1,051.8
kg).

Jacks

Jacks—blue runner

44,665 lb
(20,259.7
kg).

Parrotfishes

Parrotfish 2—princess parrotfish, queen parrotfish, redband parrotfish, redfin
parrotfish, redtail parrotfish1, stoplight parrotfish,1 striped parrotfish

60,026 lb
(27,227.3
kg).

Porgies

Porgies—jolthead porgy, saucereye porgy,1 sea bream, sheepshead porgy

29,039 lb

Grunts

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Family

50 CFR 622.515(a)(2)

Stock or stock complex and species composition

ACL
(13,171.8
kg).

Snappers

Snapper 1—black snapper, blackfin snapper,1 silk snapper, vermilion snapper

20,090 lb
(9,112.6
kg).

Snapper 2—queen snapper

568 lb
(257.6 kg).

Snapper 3—lane snapper, mutton snapper1

30,784 lb
(13,963.3
kg).

Snapper 4—yellowtail snapper

88,952 lb
(40,347.9
kg).

Surgeonfishes Surgeonfish—blue tang, doctorfish,1 ocean surgeonfish

22,630 lb
(10,264.7
kg).

Triggerfishes

Triggerfish—queen triggerfish

97,670 lb
(44,302.3
kg).

Wrasses

Wrasses—hogfish

2,951 lb
(1,338.5
kg).

1

Indicator stock.

(2) At or near the beginning of the fishing year, landings for each stock, stock complex, or indicator stock
will be evaluated relative to the ACL based on a moving multi-year average of landings, as described
in the FMP. If NMFS estimates that landings for a stock, stock complex, or indicator stock have
exceeded the ACL specified in paragraph (a)(1) of this section for the stock or stock complex, the
Assistant Administrator for NOAA Fisheries (AA) will file a notification with the Office of the Federal
Register to reduce the length of the fishing season for the stock or stock complex within that fishing
year by the amount necessary to prevent landings from exceeding the ACL for the stock or stock
complex, unless NMFS determines that a fishing season reduction is not necessary based on the
best scientific information available. If NMFS determines that the ACL for a particular stock or stock
complex was exceeded because data collection or monitoring improved rather than because
landings increased, NMFS will not reduce the length of the fishing season for the stock or stock
complex. Any fishing season reduction required under this paragraph (a)(2) will be applied starting
from September 30 and moving earlier toward the beginning of the fishing year. If the length of the
required fishing season reduction exceeds the time period of January 1 through September 30, any
additional fishing season reduction will be applied starting from October 1 and moving later toward
the end of the fishing year.
(b) Pelagic fish. The ACLs and ACTs are given in round weight.
(1) Dolphinfish.
(i)

ACL—9,778 lb (4,435.2 kg).

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50 CFR 622.515(b)(1)(ii)

(ii) ACT—8,800 lb (3,991.6 kg).
(2) Wahoo.
(i)

ACL—6,879 lb (3,120.2 kg).

(ii) ACT—6,191 lb (2,808.1 kg).
(3) Pelagic fish AM application. At or near the beginning the fishing year, landings for the stock or stock
complex will be evaluated relative to the ACT for the stock or stock complex based on a moving
multi-year average of landings, as described in the FMP. If NMFS estimates that landings have
exceeded the ACT specified in paragraph (b) of this section, NMFS in consultation with the
Caribbean Fishery Management Council will determine appropriate corrective action.
(c) Spiny lobster.
(1) The ACL is 133,207 lb (60,422 kg), round weight.
(2) At or near the beginning of the fishing year, NMFS will compare a 3 year average of available landings
to the average ACLs effective during those same years, as described in the FMP. If NMFS estimates
that average landings have exceeded the average ACLs, the AA will file a notification with the Office
of the Federal Register to reduce the length of the fishing season for spiny lobster within that fishing
year by the amount necessary to prevent average landings from exceeding the ACL for that fishing
year, as specified in paragraph (c)(1) of this section. If NMFS determines that a fishing season
reduction is not necessary based on the best scientific information available, or if NMFS determines
the ACL exceedance was due to improved data collection or monitoring rather than from increased
landings, NMFS will not reduce the length of the fishing season. Any fishing season reduction
required under this paragraph (c)(2) will be applied starting from September 30 and moving earlier
toward the beginning of the fishing year. If the length of the required fishing season reduction
exceeds the time period of January 1 through September 30, any additional fishing season reduction
will be applied starting from October 1 and moving later toward the end of the fishing year.
(d)-(e) [Reserved]
(f) Closure provisions for reef fish and spiny lobster. The following restrictions apply during a fishing season
closure for reef fish or spiny lobster in the EEZ around St. Thomas and St. John. During the closure period
announced in the notification filed pursuant to paragraph (a)(2) or (c)(2) of this section, such stock or
stock complex in or from the EEZ around St. Thomas and St. John may not be harvested, possessed,
purchased, or sold, and the bag and possession limits for such stock or stock complex are zero.
[87 FR 56217, Sept. 13, 2022, as amended at 88 FR 16196, Mar. 16, 2023; 89 FR 34170, Apr. 30, 2024]

§ 622.516 Size limits.
All size limits in this section are minimum size limits unless specified otherwise. A fish not in compliance with its
size limit in or from the EEZ around St. Thomas and St. John may not be possessed, sold, or purchased, and must
be released immediately with a minimum of harm. The operator of a vessel that fishes in the EEZ around St.
Thomas and St. John is responsible for ensuring that all species on board are in compliance with the size limits
specified in this section. See § 622.10 regarding requirements for landing fish intact. See § 622.520(c)(2) regarding
requirements for landing spiny lobster intact.
(a) Reef fish.
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50 CFR 622.516(a)(1)

(1) Yellowtail snapper—12 inches (30.5 cm), TL.
(2) [Reserved]
(b) [Reserved]
(c) Spiny lobster. 3.5 inches (8.9 cm), carapace length.

§ 622.517 [Reserved]
§ 622.518 Restrictions on sale or purchase.
(a) Reef fish. A live red hind or live mutton snapper in or from the EEZ around St. Thomas and St. John may
not be sold or purchased and used in the marine aquarium trade.
(b) [Reserved]
(c) Coral.
(1) No person may sell or purchase a coral harvested in the EEZ around St. Thomas and St. John.
(2) A coral that is sold in St. Thomas or St. John will be presumed to have been harvested in the EEZ
around St. Thomas and St. John, unless it is accompanied by documentation showing that it was
harvested elsewhere. Such documentation must contain:
(i)

The information specified in subpart K of part 300 of this title for marking containers or
packages of fish or wildlife that are imported, exported, or transported in interstate commerce.

(ii) The name and home port of the vessel, or the name and address of the individual harvesting the
coral.
(iii) The port and date of landing the coral.
(iv) A statement signed by the person selling the coral attesting that, to the best of his or her
knowledge, information, and belief, such coral was harvested from other than in the EEZ around
St. Thomas and St. John, or the waters of Puerto Rico or the U.S. Virgin Islands.

§ 622.519 Bag and possession limits.
Section 622.11(a) provides the general applicability for bag and possession limits. However, § 622.11(a)
notwithstanding, the bag limits of this section do not apply to a person who has a valid commercial fishing license
issued by Puerto Rico or the U.S. Virgin Islands.
(a) Reef fish.
(1) Groupers, parrotfishes, and snappers combined—5 per person per day or, if 3 or more persons are
aboard, 15 per vessel per day; but not to exceed 2 parrotfish per person per day or 6 parrotfish per
vessel per day.
(2) Angelfishes, grunts, jacks, porgies, surgeonfishes, triggerfishes, and wrasses combined—5 per
person per day or, if 3 or more persons are aboard, 15 per vessel per day, but not to exceed 1
surgeonfish per person per day or 4 surgeonfish per vessel per day.
(b) [Reserved]
(c) Spiny lobster. 3 per person per day, not to exceed 10 per vessel per day, whichever is less.
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50 CFR 622.520

§ 622.520 Other harvest restrictions.
(a)-(b) [Reserved]
(c) Spiny lobster—
(1) Prohibition on harvest of egg-bearing spiny lobster. Egg-bearing spiny lobster in the EEZ around St.
Thomas and St. John must be returned to the water unharmed. An egg-bearing spiny lobster may be
retained in a spiny lobster trap, provided the trap is returned immediately to the water. An eggbearing spiny lobster may not be stripped, scraped, shaved, clipped, or in any other manner
molested, in order to remove the eggs.
(2) Landing spiny lobster intact.
(i)

A spiny lobster in or from the EEZ around St. Thomas and St. John must be maintained with
head and carapace intact through offloading ashore.

(ii) The operator of a vessel that fishes in the EEZ around St. John and St. Thomas is responsible
for ensuring that spiny lobster on that vessel are maintained intact through offloading ashore,
as specified in this section.

§ 622.521 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. Multiple minimum size limits apply to importation of spiny
lobster into the United States—one that applies any place subject to the jurisdiction of the United States
other than Puerto Rico or the U.S. Virgin Islands, and more restrictive minimum size limits that apply to
Puerto Rico, St. Croix, and St. Thomas and St. John, respectively.
(1) No person may import a spiny lobster with less than a 6-ounce (170-gram) tail weight into St.
Thomas or St. John. For the purposes of paragraph (a) of this section, a 6-ounce (170-gram) tail
weight is defined as a tail that weighs 5.9-6.4 ounces (167-181 grams). If the documentation
accompanying an imported spiny lobster, including but not limited to product packaging, customs
entry forms, bills of lading, brokerage forms, or commercial invoices, indicates that the product does
not satisfy the minimum tail-weight, the person importing such spiny lobster has the burden to prove
that such spiny lobster does satisfy the minimum tail-weight requirement or that such spiny lobster
has a tail length of 6.2 inches (15.75 cm) or greater or that such spiny lobster has or had a carapace
length of 3.5 inches (8.89 cm) or greater. If the imported product itself does not satisfy the minimum
tail-weight requirement, the person importing such spiny lobster has the burden to prove that such
spiny lobster has a tail length of 6.2 inches (15.75 cm) or greater or that such spiny lobster has or
had a carapace length of 3.5 inches (8.89 cm) or greater. If the burden is satisfied, such spiny lobster
will be considered to be in compliance with the minimum 6-ounce (170-gram) tail-weight
requirement.
(2) See § 622.409 regarding the minimum size limit that applies to spiny lobster imported into any place
subject to the jurisdiction of the United States other than Puerto Rico or the U.S. Virgin Islands.
(3) See subparts S and T of this part for the minimum size limits that apply to spiny lobster imported
into Puerto Rico and St. Croix, respectively.
(b) Additional spiny lobster import prohibitions —
(1) Prohibition related to tail meat. No person may import into any place subject to the jurisdiction of the
United States spiny lobster tail meat that is not in whole tail form with the exoskeleton attached.
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50 CFR 622.521(b)(2)

(2) Prohibitions related to egg-bearing spiny lobster. No person may import into any place subject to the
jurisdiction of the United States spiny lobster with eggs attached or spiny lobster from which eggs or
pleopods (swimmerets) have been removed or stripped. Pleopods are the first five pairs of
abdominal appendages.

§ 622.522 Adjustment of management measures.
In accordance with the framework procedure of the Fishery Management Plan for the EEZ around St. Thomas and
St. John, the RA may establish or modify the following items.
(a) Standard open framework procedures. Re-specify maximum sustainable yield (MSY), optimum yield (OY),
overfishing limit (OFL), maximum fishing mortality threshold (MFMT), minimum stock size threshold
(MSST), acceptable biological catch (ABC), ACL, ACT, sustainable yield level, and other related
management reference points and status determination criteria; establish or revise rebuilding plans;
revise AMs; modify reporting or monitoring requirements, and time or area closures and closure
procedures.
(b) Abbreviated open framework procedures. Gear or vessel marking requirements, maintaining fish in a
specific condition, size limits, commercial trip limits, recreational bag and possession limits, changes to
the length of an established closed season of no more than 1 day, and gear modifications to address
conservation issues including responding to interactions with species listed under the Endangered
Species Act or protected under the Marine Mammal Protection Act.

Appendix A to Part 622—Species Tables

Table 1 to Appendix A to Part 622—Gulf of Mexico Reef Fish
Balistidae—Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae—Jacks
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Labridae—Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae—Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray (mangrove) snapper, Lutjanus griseus
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
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50 CFR 622.522(b)

Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae—Tilefishes
Goldface tilefish, Caulolatilus chrysops
Blueline tilefish, Caulolatilus microps
Tilefish, Lopholatilus chamaeleonticeps
Serranidae—Groupers
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa

Table 2 to Appendix A to Part 622—South Atlantic Snapper-Grouper
Balistidae—Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae—Jacks
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Ephippidae—Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae—Grunts
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Sailor's choice, Haemulon parra
White grunt, Haemulon plumierii
Labridae—Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae—Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
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50 CFR 622.522(b)

Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae—Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
Percichthyidae—Temperate basses
Wreckfish, Polyprion americanus
Serranidae—Groupers
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Serranidae—Sea Basses:
Black sea bass, Centropristis striata
Sparidae—Porgies
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus pagrus
Scup, Stenotomus chrysops
The following species are designated as ecosystem component species:
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50 CFR 622.522(b)

Cottonwick, Haemulon melanurum
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Longspine porgy, Stenotomus caprinus
Ocean triggerfish, Canthidermis sufflamen

Table 3 to Appendix A to Part 622—Atlantic Dolphin and Wahoo
Dolphin, Coryphaena equiselis or Coryphaena hippurus
Wahoo, Acanthocybium solandri
The following species are designated as ecosystem component species:
Bullet mackerel, Auxis rochei
Frigate mackerel, Auxis thazard
[87 FR 56236, Sept. 13, 2022]

Appendix B to Part 622—Gulf Areas

Table 1 of Appendix B to Part 622—Seaward Coordinates of the Longline and
Buoy Gear Restricted Area
Point number and reference location 1

North
lat.

1 Seaward limit of State and Federal Reef Fish Management
Boundary north of Dry Tortugas

24°48.0′ 82°48.0′

2 North of Rebecca Shoal

25°07.5′ 82°34.0′

3 Off Sanibel Island—Offshore

26°26.0′ 82°59.0′

4 West of Egmont Key

27°30.0′ 83°21.5′

5 Off Anclote Keys—Offshore

28°10.0′ 83°45.0′

6 Southeast corner of Florida Middle Ground

28°11.0′ 84°00.0′

7 Southwest corner of Florida Middle Ground

28°11.0′ 84°07.0′

8 West corner of Florida Middle Ground

28°26.6′ 84°24.8′

9 Northwest corner of Florida Middle Ground

28°42.5′ 84°24.8′

10 South of Carrabelle

29°05.0′ 84°47.0′

11 South of Cape St. George

29°02.5′ 85°09.0′

12 South of Cape San Blas lighted bell buoy—20 fathoms

29°21.0′ 85°30.0′

13 South of Cape San Blas lighted bell buoy—50 fathoms

28°58.7′ 85°30.0′

14 De Soto Canyon

30°06.0′ 86°55.0′

15 South of Pensacola

29°46.0′ 87°19.0′

16 South of Perdido Bay

29°29.0′ 87°27.5′

17 East of North Pass of Mississippi River

29°14.5′ 88°28.0′

50 CFR 622.522(b) (enhanced display)

West long.

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50 CFR 622.522(b)

North
lat.

Point number and reference location 1
18 East of South Pass of Mississippi River

West long.

29°04.0′ 88°49.7′ at State and Federal
Reef Fish Management
Boundary

Then westerly along the seaward limit of the State and Federal
Reef Fish Management Boundary to:
19 South of Southwest Pass of Mississippi River

28°45.8′ 89°29.5′

20 Northwest tip of Mississippi Canyon

28°38.5′ 90°08.5′

21 West side of Mississippi Canyon

28°34.5′ 89°59.5′

22 South of Timbalier Bay

28°22.5′ 90°02.5′

23 South of Terrebonne Bay

28°10.5′ 90°31.5′

24 South of Freeport

27°58.0′ 95°00.0′

25 Off Matagorda Island

27°43.0′ 96°02.0′

26 Off Aransas Pass

27°30.0′ 96°23.5′

27 Northeast of Port Mansfield

27°00.0′ 96°39.0′

28 East of Port Mansfield

26°44.0′ 96°37.5′

29 Northeast of Port Isabel

26°22.0′ 96°21.0′

30 U.S. and Mexico EEZ boundary

26°00.5′ 96°24.5′

Then westerly along U.S. and Mexico EEZ boundary to seaward
limit of the State and Federal Reef Fish Management Boundary
1

Nearest identifiable landfall, boundary, navigational aid, or submarine area.

Table 2 of Appendix B to Part 622—Seaward Coordinates of the Stressed
Area
Point number and reference location 1

North lat.

West long.

1 Seaward limit of State and Federal Reef Fish
Management Boundary northeast of Dry Tortugas

24°45.5′

82°41.5′

2 North of Marquesas Keys

24°48.0′

82°06.5′

3 Off Cape Sable

25°15.0′

82°02.0′

4 Off Sanibel Island—Inshore

26°26.0′

82°29.0′

5 Off Sanibel Island—Offshore

26°26.0′

82°59.0′

6 West of Egmont Key

27°30.0′

83°21.5′

7 Off Anclote Keys—Offshore

28°10.0′

83°45.0′

8 Off Anclote Keys—Inshore

28°10.0′

83°14.0′

9 Off Deadman Bay

29°38.0′

84°00.0′

10 Seaward limit of State and Federal Reef Fish
Management Boundary east of Cape St. George

29°35.5′

84°38.6′

29°32.2′

85°27.1′

Then westerly along the seaward limit of State and
Federal Reef Fish Management Boundary to:
11 Seaward limit of State and Federal Reef Fish
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Point number and reference location 1

North lat.

50 CFR 622.522(b)

West long.

Management Boundary south of Cape San Blas
12 Southwest of Cape San Blas

29°30.5′

85°52.0′

13 Off St. Andrew Bay

29°53.0′

86°10.0′

14 De Soto Canyon

30°06.0′

86°55.0′

15 South of Florida and Alabama border

29°34.5′

87°38.0′

16 Off Mobile Bay

29°41.0′

88°00.0′

17 South of Alabama and Mississippi border

30°01.5′

88°23.7′

18 Horn and Chandeleur Islands

30°01.5′

88°39.8′ at State and
Federal Reef Fish
Management Boundary

19 Seaward limit of State and Federal Reef Fish
Management Boundary off Chandeleur Islands

29°50.8′

88°39.07′ at State and
Federal Reef Fish
Management Boundary

20 Chandeleur Islands

29°35.5′

88°37.0′

21 Seaward limit of State and Federal Reef Fish
Management Boundary off North Pass of
Mississippi River

29°21.0′

88°54.43′ at State and
Federal Reef Fish
Management Boundary

22 Seaward limit of State and Federal Reef Fish
Management Boundary off Southwest Pass of
Mississippi River

29°01.3′

89°34.67′ at State and
Federal Reef Fish
Management Boundary

23 Seaward limit of the State and Federal Reef Fish
Management Boundary west of Mississippi River

29°5.24′ at State and
Federal Reef Fish
Management Boundary

89°41.0′

24 Seaward limit of State and Federal Reef Fish
Management Boundary south of Grand Isle

29°3.03′ at State and
Federal Reef Fish
Management Boundary

89°56.0′

25 Quick flashing horn buoy south of Isles
Dernieres

28°32.5′

90°42.0′

26 Southeast of Calcasieu Pass

29°10.0′

92°37.0′

27 South of Sabine Pass—10 fathoms

29°09.0′

93°41.0′

28 South of Sabine Pass—30 fathoms

28°21.5′

93°28.0′

29 East of Aransas Pass

27°49.0′

96°19.5′

30 East of Baffin Bay

27°12.0′

96°51.0′

31 Northeast of Port Mansfield

26°46.5′

96°52.0′

32 Northeast of Port Isabel

26°21.5′

96°35.0′

33 U.S. and Mexico EEZ boundary

26°00.5′

96°36.0′

Then southerly along the seaward limit of State and
Federal Reef Fish Management Boundary to:

Then southerly and westerly along the seaward
limit of State and Federal Reef Fish Management
Boundary to:

Then westerly along the seaward limit of the State
and Federal Reef Fish Management Boundary to:

50 CFR 622.522(b) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

Point number and reference location 1

North lat.

50 CFR 622.522(b)

West long.

Then westerly along U.S. and Mexico EEZ boundary
to seaward limit of the State and Federal Reef Fish
Management Boundary
1

Nearest identifiable landfall, boundary, navigational aid, or submarine area.

[85 FR 20614, Apr. 14, 2020, as amended at 85 FR 36165, June 15, 2020]

Appendix C to Part 622—Fish Length Measurements

50 CFR 622.522(b) (enhanced display)

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50 CFR 622.522(b) (enhanced display)

50 CFR 622.522(b)

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50 CFR Appendix-D-to-Part-622 A.

Appendix D to Part 622—Specifications for Certified BRDs
A.

Extended Funnel.
1.

Description. The extended funnel BRD consists of an extension with large-mesh webbing in the
center (the large-mesh escape section) and small-mesh webbing on each end held open by a semirigid hoop. A funnel of small-mesh webbing is placed inside the extension to form a passage for
shrimp to the cod end. It also creates an area of reduced water flow to allow for fish escapement
through the large mesh. One side of the funnel is extended vertically to form a lead panel and area of
reduced water flow. There are two sizes of extended funnel BRDs, a standard size and an inshore
size for small trawls.

2.

Minimum Construction and Installation Requirements for Standard Size.
(a) Extension Material. The small-mesh sections used on both sides of the large-mesh escape
section are constructed of 15⁄8 inch (4.13 cm), No. 30 stretched mesh, nylon webbing. The front
section is 120 meshes around by 61⁄2 meshes deep. The back section is 120 meshes around by
23 meshes deep.
(b) Large-Mesh Escape Section. The large-mesh escape section is constructed of 8 to 10 inch (20.3
to 25.4 cm), stretched mesh, webbing. This section is cut on the bar to form a section that is 15
inches (38.1 cm) in length by 95 inches (241.3 cm) in circumference. The leading edge is
attached to the 61⁄2-mesh extension section and the rear edge is attached to the 23-mesh
extension section.
(c) Funnel. The funnel is constructed of 11⁄2 inch (3.81 cm), stretched mesh, No. 30 depthstretched and heat-set polyethylene webbing. The circumference of the leading edge is 120
meshes and the back edge is 78 meshes. The short side of the funnel is 34 to 36 inches (86.4
to 91.4 cm) long and the opposite side of the funnel extends an additional 22 to 24 inches (55.9
to 61.0 cm). The circumference of the leading edge of the funnel is attached to the forward
small-mesh section three meshes forward of the large-mesh escape section and is evenly
sewn, mesh for mesh, to the small-mesh section. The after edge of the funnel is attached to the
after small-mesh section at its top and bottom eight meshes back from the large-mesh escape
panel. Seven meshes of the top and seven meshes of the bottom of the funnel are attached to
eight meshes at the top and bottom of the small-mesh section, such eight meshes being
located immediately adjacent to the top and bottom centers of the small-mesh section on the
side of the funnel's extended side. The extended side of the funnel is sewn at its top and
bottom to the top and bottom of the small-mesh section, extending at an angle toward the top
and bottom centers of the small-mesh section.
(d) Semi-Rigid Hoop. A 30-inch (76.2-cm) diameter hoop constructed of plastic-coated trawl cable,
swaged together with a 3⁄8-inch (9.53-mm) micropress sleeve, is installed five meshes behind
the trailing edge of the large-mesh escape section. The extension webbing must be laced to the
ring around the entire circumference and must be equally distributed on the hoop, that is, 30
meshes must be evenly attached to each quadrant.
(e) Installation. The extended funnel BRD is attached 8 inches (20.3 cm) behind the posterior edge
of the TED. If it is attached behind a soft TED, a second semi-rigid hoop, as prescribed in
paragraph A.2.(d), must be installed in the front section of the BRD extension webbing at the
leading edge of the funnel. The cod end of the trawl net is attached to the trailing edge of the
BRD.

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3.

50 CFR Appendix-D-to-Part-622 A.3.

Minimum Construction and Installation Requirements for Inshore Size.
(a) Extension Material. The small-mesh sections used on both sides of the large-mesh escape
section are constructed of 13⁄8 inch (3.5 cm), No. 18 stretched mesh, nylon webbing. The front
section is 120 meshes around by 61⁄2 meshes deep. The back section is 120 meshes around by
23 meshes deep.
(b) Large-Mesh Escape Section. The large-mesh escape section is constructed of 8 to 10 inch (20.3
to 25.4 cm), stretched mesh, webbing. This section is cut on the bar to form a section that is 15
inches (38.1 cm) by 75 inches (190.5 cm) in circumference. The leading edge is attached to the
61⁄2-mesh extension section and the rear edge is attached to the 23-mesh extension section.
(c) Funnel. The funnel is constructed of 13⁄8 inch (3.5 cm), stretched mesh, No. 18 depth-stretched
and heat-set polyethylene webbing. The circumference of the leading edge is 120 meshes and
the back edge is 78 meshes. The short side of the funnel is 30 to 32 inches (76.2 to 81.3 cm)
long and the opposite side of the funnel extends an additional 20 to 22 inches (50.8 to 55.9
cm). The circumference of the leading edge of the funnel is attached to the forward small-mesh
section three meshes forward of the large-mesh escape section and is evenly sewn, mesh for
mesh, to the small-mesh section. The after edge of the funnel is attached to the after smallmesh section at its top and bottom eight meshes back from the large-mesh escape panel.
Seven meshes of the top and seven meshes of the bottom of the funnel are attached to eight
meshes at the top and bottom of the small-mesh section, such eight meshes being located
immediately adjacent to the top and bottom centers of the small-mesh section on the side of
the funnel's extended side. The extended side of the funnel is sewn at its top and bottom to the
top and bottom of the small-mesh section, extending at an angle toward the top and bottom
centers of the small-mesh section.
(d) Semi-Rigid Hoop. A 24-inch (61.0-cm) diameter hoop constructed of plastic-coated trawl cable,
swaged together with a 3⁄8-inch (9.53-mm) micropress sleeve, is installed five meshes behind
the trailing edge of the large mesh section. The extension webbing must be laced to the ring
around the entire circumference and must be equally distributed on the hoop, that is, 30
meshes must be evenly attached to each quadrant.
(e) Installation. The extended funnel BRD is attached 8 inches (20.3 cm) behind the posterior edge
of the TED. If it is attached behind a soft TED, a second semi-rigid hoop, as prescribed in
paragraph A.3.(d), must be installed in the front section of the BRD extension webbing at the
leading edge of the funnel. The cod end of the trawl net is attached to the trailing edge of the
BRD.

B.

Expanded Mesh. The expanded mesh BRD is constructed and installed exactly the same as the standard
size extended funnel BRD, except that one side of the funnel is not extended to form a lead panel.

C.

Fisheye.
1.

Description. The fisheye BRD is a cone-shaped rigid frame constructed from aluminum or steel rod of
at least 1⁄4 inch (6.35-mm) diameter, which is inserted into the cod end to form an escape opening.

2.

Minimum Construction and Installation Requirements. The fisheye has a minimum escape opening
dimension of 5 inches (12.7 cm) and a minimum total escape opening area of 36 in2 (91.4 cm2).
When the fisheye BRD is installed, no part of the lazy line attachment system (i.e., any mechanism,

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such as elephant ears or choker straps, used to attach the lazy line to the cod end) may overlap the
fisheye escape opening when the fisheye is installed aft of the attachment point of the cod end
retrieval system.
(a) In the Gulf EEZ, the fisheye BRD must be installed at the top center of the cod end of the trawl to
create an opening in the trawl facing in the direction of the mouth of the trawl no further
forward than 9 ft (2.7 m) from the cod end drawstring (tie-off rings).
(b) In the South Atlantic EEZ, the fisheye BRD must be installed at the top center of the cod end of
the trawl to create an escape opening in the trawl facing the direction of the mouth of the trawl
no further forward than 11 ft (3.4 m) from the cod end tie-off rings.
D.

E.

Gulf fisheye.
1.

Description. The Gulf fisheye is a cone-shaped rigid frame constructed from aluminum or steel rod of
at least 1⁄4 inch (6.35-mm) diameter, which is inserted into the top center of the cod end, and is
offset not more than 15 meshes perpendicular to the top center of the cod end to form an escape
opening.

2.

Minimum Construction and Installation Requirements. The Gulf fisheye has a minimum escape
opening dimension of 5 inches (12.7 cm) and a minimum total escape opening area of 36 in2 (91.4
cm2). To be used in the South Atlantic EEZ, the Gulf fisheye BRD must be installed in the cod end of
the trawl to create an escape opening in the trawl, facing in the direction of the mouth of the trawl, no
less than 8.5 ft (2.59 m) and no further forward than 12.5 ft (3.81 m) from the cod end tie-off rings,
and may be offset no more than 15 meshes perpendicular to the top center of the cod end. When the
Gulf fisheye BRD is installed, no part of the lazy line attachment system (i.e., any mechanism, such
as elephant ears or choker straps, used to attach the lazy line to the cod end) may overlap the
fisheye escape opening when the fisheye is installed aft of the attachment point of the cod end
retrieval system.

Jones-Davis.
1.

Description. The Jones-Davis BRD is similar to the expanded mesh and the extended funnel BRDs
except that the fish escape openings are windows cut around the funnel rather than large-mesh
sections. In addition, a webbing cone fish deflector is installed behind the funnel.

2.

Minimum Construction and Installation Requirements. The Jones-Davis BRD must contain all of the
following.
(a) Webbing extension. The webbing extension must be constructed from a single piece of
15⁄8-inch (3.5-cm) stretch mesh number 30 nylon 42 meshes by 120 meshes. A tube is formed
from the extension webbing by sewing the 42-mesh side together.
(b) 28-inch (71.1-cm) cable hoop. A single hoop must be constructed of 1⁄2-inch (1.3-cm) steel
cable 88 inches (223.5 cm) in length. The cable must be joined at its ends by a 3-inch (7.6-cm)
piece of 1⁄2-inch (1.3-cm) aluminum pipe and pressed with a 3⁄8-inch (0.95-cm) die to form a
hoop. The inside diameter of this hoop must be between 27 and 29 inches (68.6 and 73.7 cm).
The hoop must be attached to the extension webbing 171⁄2 meshes behind the leading edge.
The extension webbing must be quartered and attached in four places around the hoop, and
every other mesh must be attached all the way around the hoop using number 24 twine or
larger. The hoop must be laced with 3⁄8-inch (0.95-cm) polypropylene or polyethylene rope for
chaffing.

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50 CFR Appendix-D-to-Part-622 E.2.(c)

(c) 24-inch (61.0-cm) hoop. A single hoop must be constructed of either number 60 twine 80
inches (203.2 cm) in length or 3⁄8-inch (0.95-cm) steel cable 751⁄2 inches (191.8 cm) in length. If
twine is used, the twine must be laced in and out of the extension webbing 39 meshes behind
the leading edge, and the ends must be tied together. If cable is used, the cable must be joined
at its ends by a 3-inch (7.6-cm) piece of 3⁄8-inch (0.95-cm) aluminum pipe and pressed together
with a 1⁄4-inch (0.64-cm) die to form a hoop. The inside diameter of this hoop must be between
23 and 25 inches (58.4 and 63.4 cm). The hoop must be attached to the extension webbing 39
meshes behind the leading edge. The extension webbing must be quartered and attached in
four places around the hoop, and every other mesh must be attached all the way around the
hoop using number 24 twine or larger. The hoop must be laced with 3⁄8-inch (0.95-cm)
polypropylene or polyethylene rope for chaffing.
(d) Funnel. The funnel must be constructed from four sections of 11⁄2-inch (3.8-cm) heat-set and
depth-stretched polypropylene or polyethylene webbing. The two side sections must be
rectangular in shape, 291⁄2 meshes on the leading edge by 23 meshes deep. The top and
bottom sections are 291⁄2 meshes on the leading edge by 23 meshes deep and tapered 1 point
2 bars on both sides down to 8 meshes across the back. The four sections must be sewn
together down the 23-mesh edge to form the funnel.
(e) Attachment of the funnel in the webbing extension. The funnel must be installed two meshes
behind the leading edge of the extension starting at the center seam of the extension and the
center mesh of the funnel's top section leading edge. On the same row of meshes, the funnel
must be sewn evenly all the way around the inside of the extension. The funnel's top and
bottom back edges must be attached one mesh behind the 28-inch (71.1-cm) cable hoop (front
hoop). Starting at the top center seam, the back edge of the top funnel section must be
attached four meshes each side of the center. Counting around 60 meshes from the top center,
the back edge of the bottom section must be attached 4 meshes on each side of the bottom
center. Clearance between the side of the funnel and the 28-inch (71.1-cm) cable hoop (front
hoop) must be at least 6 inches (15.2 cm) when measured in the hanging position.
(f) Cutting the escape openings. The leading edge of the escape opening must be located within
18 inches (45.7 cm) of the posterior edge of the turtle excluder device (TED) grid. The area of
the escape opening must total at least 864 in2 (5,574.2 cm2). Two escape openings 10 meshes
wide by 13 meshes deep must be cut 6 meshes apart in the extension webbing, starting at the
top center extension seam, 3 meshes back from the leading edge and 16 meshes to the left
and to the right (total of four openings). The four escape openings must be double selvaged for
strength.
(g) Alternative Method for Constructing the Funnel and Escape Openings. The following method for
constructing the funnel and escape openings may be used instead of the method described in
paragraphs F.2.d., F.2.e., and F.2.f. of this section. With this alternative method, the funnel and
escape openings are formed by cutting a flap in each side of the extension webbing; pushing
the flaps inward; and attaching the top and bottom edges along the bars of the extension
webbing to form the v-shape of the funnel. Minimum requirements applicable to this method
include: The funnel's top and bottom back edges must be attached one mesh behind the
28-inch (71.1-cm) cable hoop (front hoop); clearance between the side of the funnel and the
28-inch (71.1-cm) cable hoop (front hoop) must be at least 6 inches (15.2 cm) when measured
in the hanging position; the leading edge of the escape opening must be located within 18
inches (45.7 cm) of the posterior edge of the turtle excluder device (TED) grid; and, the area of
the escape opening must total at least 864 in2 (5,574.2 cm2). To construct the funnel and
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50 CFR Appendix-D-to-Part-622 E.2.(h)

escape openings using this method, begin 31⁄2 meshes from the leading edge of the extension,
at the top center seam, count over 18 meshes on each side, and cut 13 meshes toward the
back of the extension. Turn parallel to the leading edge, and cut 26 meshes toward the bottom
center of the extension. Next, turn parallel to the top center seam, and cut 13 meshes forward
toward the leading edge, creating a flap of webbing 13 meshes by 26 meshes by 13 meshes.
Lengthen the flap to 18 meshes by adding a 41⁄2-mesh by 26-mesh rectangular section of
webbing to the 26-mesh edge. Attach the 18-mesh edges to the top and bottom of the
extension by sewing 2 bars of the extension to 1 mesh on the flap in toward the top center and
bottom center of the extension, forming the exit opening and the funnel. Connect the two flaps
together in the center with a 7-inch piece of number 42 twine to allow adequate clearance for
fish escapement between the flaps and the side openings. On each side, sew a 6-mesh by
101⁄2-mesh section of webbing to 6 meshes of the center of the 26-mesh cut on the extension
and 6 meshes centered between the 13-mesh cuts 31⁄2 meshes from the leading edge. This
forms two 10-mesh by 13-mesh openings on each side.
(h) Cone fish deflector. The cone fish deflector is constructed of 2 pieces of 15⁄8-inch (4.13-cm)
polypropylene or polyethylene webbing, 40 meshes wide by 20 meshes in length and cut on the
bar on each side forming a triangle. Starting at the apex of the two triangles, the two pieces
must be sewn together to form a cone of webbing. The apex of the cone fish deflector must be
positioned within 10-14 inches (25.4-35.6 cm) of the posterior edge of the funnel.

F.

(i)

11-inch (27.9-cm) cable hoop for cone deflector. A single hoop must be constructed of 5⁄16-inch
(0.79-cm) or 3⁄8-inch (0.95-cm) cable 341⁄2 inches (87.6 cm) in length. The ends must be joined
by a 3-inch (7.6-cm) piece of 3⁄8-inch (0.95-cm) aluminum pipe pressed together with a 1⁄4-inch
(0.64-cm) die. The hoop must be inserted in the webbing cone, attached 10 meshes from the
apex and laced all the way around with heavy twine.

(j)

Installation of the cone in the extension. The cone must be installed in the extension 12 inches
(30.5 cm) behind the back edge of the funnel and attached in four places. The midpoint of a
piece of number 60 twine 4 ft (1.22 m) in length must be attached to the apex of the cone. This
piece of twine must be attached to the 28-inch (71.1-cm) cable hoop at the center of each of its
sides; the points of attachment for the two pieces of twine must be measured 20 inches (50.8
cm) from the midpoint attachment. Two 8-inch (20.3-cm) pieces of number 60 twine must be
attached to the top and bottom of the 11-inch (27.9-cm) cone hoop. The opposite ends of these
two pieces of twine must be attached to the top and bottom center of the 24-inch (61-cm) cable
hoop; the points of attachment for the two pieces of twine must be measured 4 inches (10.2
cm) from the points where they are tied to the 11-inch (27.9-cm) cone hoop.

Modified Jones-Davis.
1.

Description. The Modified Jones-Davis BRD is a variation to the alternative funnel construction
method of the Jones-Davis BRD except the funnel is assembled by using depth-stretched and heatset polyethylene webbing instead of the flaps formed from the extension webbing. In addition, no
hoops are used to hold the BRD open.

2.

Minimum Construction and Installation Requirements. The Modified Jones-Davis BRD must contain
all of the following.

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50 CFR Appendix-D-to-Part-622 F.2.(a)

(a) Webbing extension. The webbing extension must be constructed from a single rectangular
piece of 15⁄8-inch (4.1-cm) stretch mesh number 30 nylon with dimensions of 391⁄2 meshes by
150 meshes. A tube is formed from the extension webbing by sewing the 391⁄2-mesh-sides
together.
(b) Funnel. The funnel must be constructed from two sections of 15⁄8-inch (4.1-cm) heat-set and
depth-stretched polypropylene or polyethylene webbing. The two side sections must be
rectangular in shape, 25 meshes on the leading edge by 21 meshes deep. The 25-mesh leading
edge of each polyethylene webbing section must be sewn evenly two meshes in from the front
of the extension webbing starting 25 meshes from the top center on each side. The 21-mesh
edge must be sewn to the extension webbing on a 9-bar and 1-mesh angle in the top and
bottom, forming a V-shape funnel.
(c) Cutting the escape opening. The leading edge of the escape openings must be located within
18 inches (45.7 cm) of the posterior edge of the turtle excluder device (TED) grid. The area of
the escape opening must total at least 635 in2 (4,097 cm2). Two escape openings, 6 meshes
wide by 12 meshes deep, must be cut 4 meshes apart in the extension webbing, starting at the
top center extension seam, 7 meshes back from the leading edge, and 30 meshes to the left
and to the right (total of four openings). The four escape openings must be double selvaged for
strength.
(d) Cone fish deflector. The cone fish deflector is constructed of 2 pieces of 15⁄8-inch (4.1-cm)
polypropylene or polyethylene webbing, 40 meshes wide by 20 meshes in length and cut on the
bar on each side forming a triangle. Starting at the apex of the two triangles, the two pieces
must be sewn together to form a cone of webbing. The apex of the cone fish deflector must be
positioned within 12 inches (30.5 cm) of the posterior edge of the funnel.
(e) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop must be constructed of 5⁄16-inch
(0.79-cm) or 3⁄8-inch (0.95-cm) cable 341⁄2 inches (87.6 cm) in length. The ends must be joined
by a 3-inch (7.6-cm) piece of 3⁄8-inch (0.95-cm) aluminum pipe pressed together with a 1⁄4-inch
(0.64-cm) die. The hoop must be inserted in the webbing cone, attached 10 meshes from the
apex and laced all the way around with heavy twine.
(f) Installation of the cone in the extension. The apex of the cone must be installed in the extension
within 12 inches (30.5 cm) behind the back edge of the funnel and attached in four places. The
midpoint of a piece of number 60 twine (or at least 4-mesh wide strip of number 21 or heavier
webbing) 3 ft (1.22 m) in length must be attached to the apex of the cone. This piece of twine
or webbing must be attached within 5 meshes of the aft edge of the funnel at the center of
each of its sides. Two 12-inch (30.5-cm) pieces of number 60 (or heavier) twine must be
attached to the top and bottom of the 11-inch (27.9-cm) cone hoop. The opposite ends of these
two pieces of twine must be attached to the top and bottom center of the extension webbing to
keep the cone from inverting into the funnel.
G.

[Reserved]

H.

Cone Fish Deflector Composite Panel.
1.

Description. The Cone Fish Deflector Composite Panel BRD is a variation to the alternative funnel
construction method of the Jones-Davis BRD, except the funnel is assembled by using depthstretched and heat-set polyethylene webbing with square mesh panels on the inside instead of the
flaps formed from the extension webbing. In addition, no hoops are used to hold the BRD open.

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2.

50 CFR Appendix-D-to-Part-622 H.2.

Minimum Construction and Installation Requirements. The Cone Fish Deflector Composite Panel BRD
must contain all of the following:
(a) Webbing extension. The webbing extension must be constructed from a single rectangular
piece of 11⁄2-inch to 13⁄4-inch (3.8-cm to 4.5-cm) stretch mesh with dimensions of 241⁄2 meshes
by 150 to 160 meshes. A tube is formed from the extension webbing piece by sewing the
241⁄2-mesh sides together. The leading edge of the webbing extension must be attached no
more than 4 meshes from the posterior edge of the TED grid.
(b) Funnel. The V-shaped funnel consists of two webbing panels attached to the extension along
the leading edge of the panels. The top and bottom edges of the panels are sewn diagonally
across the extension toward the center to form the funnel. The panels are 2-ply in design, each
with an inner layer of 11⁄2-inch to 15⁄8-inch (3.8-cm to 4.1-cm) heat-set and depth-stretched
polyethylene webbing and an outer layer constructed of no larger than 2-inch (5.1-cm) square
mesh webbing (1-inch bar). The inner webbing layer must be rectangular in shape, 36 meshes
on the leading edge by 20 meshes deep. The 36-mesh leading edges of the polyethylene
webbing should be sewn evenly to 24 meshes of the extension webbing 11⁄2 meshes from and
parallel to the leading edge of the extension starting 12 meshes up from the bottom center on
each side. Alternately sew 2 meshes of the polyethylene webbing to 1 mesh of the extension
webbing then 1 mesh of the polyethylene webbing to 1 mesh of the extension webbing toward
the top. The bottom 20-mesh edges of the polyethylene layers are sewn evenly to the extension
webbing on a 2 bar 1 mesh angle toward the bottom back center forming a v-shape in the
bottom of the extension webbing. The top 20-mesh edges of the polyethylene layers are sewn
evenly along the bars of the extension webbing toward the top back center. The square mesh
layers must be rectangular in shape and constructed of no larger than 2-inch (5.1-cm) webbing
that is 18 inches (45.7 cm) in length on the leading edge. The depth of the square mesh layer
must be no more than 2 inches (5.1 cm) less than the 20 mesh side of the inner polyethylene
layer when stretched taught. The 18-inch (45.7-cm) leading edge of each square mesh layer
must be sewn evenly to the 36-mesh leading edge of the polyethylene section and the sides are
sewn evenly (in length) to the 20-mesh edges of the polyethylene webbing. This will form a vshape funnel using the top of the extension webbing as the top of the funnel and the bottom of
the extension webbing as the bottom of the funnel.
(c) Cutting the escape opening. There are two escape openings on each side of the funnel. The
leading edge of the escape openings must be located on the same row of meshes in the
extension webbing as the leading edge of the composite panels. The lower openings are
formed by starting at the first attachment point of the composite panels and cutting 9 meshes
in the extension webbing on an even row of meshes toward the top of the extension. Next, turn
90 degrees and cut 15 points on an even row toward the back of the extension webbing. At this
point turn and cut 18 bars toward the bottom front of the extension webbing. Finish the escape
opening by cutting 6 points toward the original starting point. The top escape openings start 5
meshes above and mirror the lower openings. Starting at the leading edge of the composite
panel and 5 meshes above the lower escape opening, cut 9 meshes in the extension on an even
row of meshes toward the top of the extension. Next, turn 90 degrees, and cut 6 points on an
even row toward the back of the extension webbing. Then cut 18 bars toward the bottom back
of the extension. To complete the escape opening, cut 15 points forward toward the original
starting point. The area of each escape opening must total at least 212 in2 (1,368 cm2). The
four escape openings must be double selvaged for strength.

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50 CFR Appendix-D-to-Part-622 H.2.(d)

(d) Cone fish deflector. The cone fish deflector is constructed of 2 pieces of 15⁄8-inch (4.1-cm)
polypropylene or polyethylene webbing, 40 meshes wide by 20 meshes in length and cut on the
bar on each side forming a triangle. Starting at the apex of the two triangles, the two pieces
must be sewn together to form a cone of webbing. The apex of the cone fish deflector must be
positioned within 12 inches (30.5 cm) of the posterior edge of the funnel.
(e) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop must be constructed of 5⁄16-inch
(0.79-cm) or 3⁄8-inch (0.95-cm) cable 341⁄2 inches (87.6 cm) in length. The ends must be joined
by a 3-inch (7.6-cm) piece of 3⁄8-inch (0.95-cm) aluminum pipe pressed together with a 1⁄4-inch
(0.64-cm) die. The hoop must be inserted in the webbing cone, attached 10 meshes from the
apex and laced all the way around with heavy twine.
(f) Installation of the cone in the extension. The apex of the cone must be installed in the extension
within 12 inches (30.5 cm) behind the back edge of the funnel and attached in four places. The
midpoint of a piece of number 60 twine (or at least 4-mesh wide strip of number 21 or heavier
webbing) 3 ft (1.22 m) in length must be attached to the apex of the cone. This piece of twine
or webbing must be attached within 5 meshes of the aft edge of the funnel at the center of
each of its sides. Two 12-inch (30.5-cm) pieces of number 60 (or heavier) twine must be
attached to the top and bottom of the 11-inch (27.9-cm) cone hoop. The opposite ends of these
two pieces of twine must be attached to the top and bottom center of the extension webbing to
keep the cone from inverting into the funnel.
I.

Square Mesh Panel (SMP) Composite Panel
1.

Description. The SMP is a panel of square mesh webbing placed in the top of the cod end to provide
finfish escape openings.

2.

Minimum Construction and Installation Requirements. The SMP Composite Panel BRD must contain
all of the following:
(a) Webbing extension. The webbing extension must be constructed from a single rectangular
piece of 11⁄2-inch to 13⁄4-inch (3.8-cm to 4.5-cm) stretch mesh with dimensions of 241⁄2 meshes
by 150 to 160 meshes. A tube is formed from the extension webbing piece by sewing the
241⁄2-mesh sides together. The leading edge of the webbing extension must be attached no
more than 4 meshes from the posterior edge of the TED grid.
(b) Funnel. The V-shaped funnel consists of two webbing panels attached to the extension along
the leading edge of the panels. The top and bottom edges of the panels are sewn diagonally
across the extension toward the center to form the funnel. The panels are 2-ply in design, each
with an inner layer of 11⁄2-inch to 15⁄8-inch (3.8-cm to 4.1-cm) heat-set and depth-stretched
polyethylene webbing and an outer layer constructed of no larger than 2-inch (5.1-cm) square
mesh webbing (1-inch bar). The inner webbing layer must be rectangular in shape, 36 meshes
on the leading edge by 20 meshes deep. The 36-mesh leading edges of the polyethylene
webbing should be sewn evenly to 24 meshes of the extension webbing 11⁄2 meshes from and
parallel to the leading edge of the extension starting 12 meshes up from the bottom center on
each side. Alternately sew 2 meshes of the polyethylene webbing to 1 mesh of the extension
webbing then 1 mesh of the polyethylene webbing to 1 mesh of the extension webbing toward
the top. The bottom 20-mesh edges of the polyethylene layers are sewn evenly to the extension
webbing on a 2 bar 1 mesh angle toward the bottom back center forming a v-shape in the
bottom of the extension webbing. The top 20-mesh edges of the polyethylene layers are sewn
evenly along the bars of the extension webbing toward the top back center. The square mesh

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layers must be rectangular in shape and constructed of no larger than 2-inch (5.1-cm) webbing
that is 18 inches (45.7 cm) in length on the leading edge. The depth of the square mesh layer
must be no more than 2 inches (5.1 cm) less than the 20 mesh side of the inner polyethylene
layer when stretched taught. The 18-inch (45.7-cm) leading edge of each square mesh layer
must be sewn evenly to the 36-mesh leading edge of the polyethylene section and the sides are
sewn evenly (in length) to the 20-mesh edges of the polyethylene webbing. This will form a vshape funnel using the top of the extension webbing as the top of the funnel and the bottom of
the extension webbing as the bottom of the funnel.
(c) Cutting the escape opening. There are two escape openings on each side of the funnel. The
leading edge of the escape openings must be located on the same row of meshes in the
extension webbing as the leading edge of the composite panels. The lower openings are
formed by starting at the first attachment point of the composite panels and cutting 9 meshes
in the extension webbing on an even row of meshes toward the top of the extension. Next, turn
90 degrees and cut 15 points on an even row toward the back of the extension webbing. At this
point turn and cut 18 bars toward the bottom front of the extension webbing. Finish the escape
opening by cutting 6 points toward the original starting point. The top escape openings start 5
meshes above and mirror the lower openings. Starting at the leading edge of the composite
panel and 5 meshes above the lower escape opening, cut 9 meshes in the extension on an even
row of meshes toward the top of the extension. Next, turn 90 degrees, and cut 6 points on an
even row toward the back of the extension webbing. Then cut 18 bars toward the bottom back
of the extension. To complete the escape opening, cut 15 points forward toward the original
starting point. The area of each escape opening must total at least 212 in2 (1,368 cm2). The
four escape openings must be double selvaged for strength.
(d) SMP. The SMP is constructed from a single piece of square mesh webbing with a minimum
dimension of 5 squares wide and 12 squares in length with a minimum mesh size of 3-inch
(76-mm) stretched mesh. The maximum twine diameter of the square mesh is number 96 twine
(4 mm).
(e) Cutting the SMP escape opening. The escape opening is a rectangular hole cut in the top center
of the cod end webbing. The posterior edge of the escape opening must be placed no farther
forward that 8 ft (2.4 m) from the cod end drawstring (tie-off rings). The width of the escape
opening, as measured across the cod end, must be four cod end meshes per square of the SMP
(i.e., a cut of 20 cod end meshes for a SMP that is 5 meshes wide). The stretched mesh length
of the escape opening must be equal to the total length of the SMP. No portion of the SMP
escape opening may be covered with additional material or netting such as chaffing webbing,
which might impede or prevent fish escapement.
(f) Installation of the SMP. The SMP must be attached to the edge of the escape opening evenly
around the perimeter of the escape opening cut with heavy twine.

Appendix E to Part 622—Caribbean Island/Island Group Management Areas

Table 1 of Appendix E to Part 622—Coordinates of the Puerto Rico Management Area.

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50 CFR Appendix-D-to-Part-622 I.2.(f)

The Puerto Rico management area is bounded by rhumb lines connecting, in order, the following points.
Point

North latitude

West longitude

A (intersects with the International/EEZ boundary)

19°37′29″

65°20′57″

B

18°25′46.3015″ 65°06′31.866″

From Point B, proceed southerly along the 3-nautical mile Territorial
boundary of the St. Thomas/St. John island group to Point C
C

18°13′59.0606″ 65°05′33.058″

D

18°01′16.9636″ 64°57′38.817″

E

17°30′00.000″

F

16°02′53.5812″ 65°20′00.1716″

65°20′00.1716″

From Point F, proceed southwesterly, then northerly, then easterly, and
finally southerly along the International/EEZ boundary to Point A
A (intersects with the International/EEZ boundary)

19°37′29″

65°20′57″

Table 2 of Appendix E to Part 622—Coordinates of the St. Croix Management Area.
The St. Croix management area is bounded by rhumb lines connecting, in order, the following points.
Point
G

North latitude

West longitude

18°03′03″

64°38′03″

From Point G, proceed easterly, then southerly, then southwesterly along
the International/EEZ boundary to Point F
F

16°02′53.5812″ 65°20′00.1716″

E

17°30′00.000″

D

18°01′16.9636″ 64°57′38.817″

G

18°03′03″

65°20′00.1716″
64°38′03″

Table 3 of Appendix E to Part 622—Coordinates of the St. Thomas/St. John Management
Area.
The St. Thomas/St. John management area is bounded by rhumb lines connecting, in order, the following points.
Point
A (intersects with the International/EEZ boundary)

North latitude

West
longitude

19°37′29″

65°20′57″

G

18°03′03″

64°38′03″

D

18°01′16.9636″ 64°57′38.817″

C

18°13′59.0606″ 65°05′33.058″

From Point A, proceed southeasterly along the International/EEZ
boundary to Point G

From Point C, proceed northerly along the 3-nautical mile Territorial
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Point

50 CFR Appendix-F-to-Part-622 A.1.

North latitude

West
longitude

boundary of the St. Thomas/St. John island group to Point B
B

18°25′46.3015″ 65°06′31.866″

A (intersects with the International/EEZ boundary)

19°37′29″

65°20′57″

[78 FR 33258, June 4, 2013]

Appendix F to Part 622—Specifications for Sea Turtle Release Gear and Handling Requirements

A. Sea Turtle Release Gear
1.

Long-handled line clipper or cutter. Line cutters are intended to cut fishing line as close as possible to
the hook, and assist in removing line from an entangled sea turtle to minimize any remaining gear
upon release. One long-handled line clipper or cutter and one set of replacement blades are required
to be on board. The minimum design standards are as follows:
(a) A protected and secured cutting blade. The cutting blade(s) must be capable of cutting 2.0 to
2.1-mm (0.078 to 0.083-inch) diameter monofilament line (approximately 400 to 450-lb test
strength) or polypropylene multistrand material, known as braided or tarred mainline, and the
cutting blade must be maintained in working order. The cutting blade must be curved, recessed,
contained in a holder, or otherwise designed to facilitate its safe use so that direct contact
between the cutting surface and the sea turtle or the user is prevented. The cutting instrument
must be securely attached to an extended reach handle and the blade(s) must be easily
replaceable during a trip if necessary. The extra set of replacement blades must meet these
standards and be carried on board to replace all cutting surfaces on the line cutter or clipper.
(b) An extended reach handle. The line cutter blade must be securely fastened to an extended
reach handle or pole with a minimum length equal to or greater than 150 percent of the
freeboard, or a minimum length of 6 ft (1.8 m), whichever is greater. The extended reach handle
may break down into sections for storage, but it is not required. There is no restriction on the
type of material used to construct this handle as long as it is sturdy and facilitates the secure
attachment of the cutting blade.

2.

Long-handled dehooker for internal hooks. One long-handled dehooker to remove internal hooks from
sea turtles that cannot be brought on board is required on the vessel. It should also be used to
engage an unattached hook when a sea turtle is entangled but not hooked, and line is being
removed. The design must shield the point of the hook and prevent the hook from re-engaging during
the removal process. The minimum design standards are as follows:
(a) Hook removal device. The dehooker must be constructed of 3⁄16-inch (4.8-mm) to 5⁄16-inch
(7.9-mm) diameter 316L or 304L stainless steel and have a dehooking end no larger than 17⁄8
inches (4.8 cm) outside diameter. The dehooker must securely engage and control the leader
while shielding the point to prevent the hook from re-engaging during removal. It may not have
any unprotected terminal points (including blunt ones), as these could cause injury to the
esophagus during hook removal. The dehooker must be of a size appropriate to secure the
range of hook sizes and styles used on the vessel.

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50 CFR Appendix-F-to-Part-622 A.2.(b)

(b) Extended reach handle. The dehooking end that secures the fishhook must be securely fastened
to an extended reach handle or pole with a minimum length equal to or greater than 150
percent of the freeboard, or a minimum of 6 ft (1.8 m), whichever is greater. The extended reach
handle may break down into sections for storage, but it is not required. The handle must be
sturdy and strong enough to facilitate the secure attachment of the dehooking end.
3.

Long-handled dehooker for external hooks. One long-handled dehooker to remove external hooks
from sea turtles that cannot be brought on board is required on the vessel. The long-handled
dehooker for internal hooks described in paragraph A.2. of this appendix may be used to comply with
this requirement. The minimum design standards are as follows:
(a) Hook removal device. A long-handled dehooker must be constructed of 3⁄16-inch (4.8-mm) to
5⁄ -inch (7.9-mm) diameter 316L or 304L stainless steel and have a dehooking end no larger
16
than 17⁄8 inches (4.8 cm) outside diameter. The dehooking end that secures the fishhook must
be blunt with all edges rounded. The dehooker must be of a size appropriate to secure the
range of hook sizes and styles used on the vessel.
(b) Extended reach handle. The handle must be a minimum length equal to the freeboard of the
vessel or 6 ft (1.8 m), whichever is greater. The extended reach handle may break down into
sections for storage, but it is not required.

4.

Long-handled device to pull an “inverted V”. One long-handled device to pull an “inverted V” is
required on board. This tool is used to pull an “inverted V” in the fishing line when implementing the
“inverted V” dehooking technique, as described in the 2019 version of the document titled “Careful
Release Protocols for Sea Turtle Release with Minimal Injury,” for dehooking and disentangling sea
turtles. A long-handled J-style dehooker as described in paragraph A.3. of this appendix may be used
to comply with this requirement. The minimum design standards are as follows:
(a) Hook end. This device, such as a standard boat hook or gaff must be constructed of stainless
steel or aluminum; if a long-handled J-style dehooker is used to comply with this requirement, it
must be constructed of 316L or 304L stainless steel. The semicircular or “J” shaped hook end
must be securely attached to the handle to allow the hook end to engage and pull an “inverted
V” in the fishing line. A gaff or any other tool with a sharp point is to be used only for holding
fishing lines and must never contact the sea turtle.
(b) Extended reach handle. The handle must have a minimum length equal to the freeboard of the
vessel or must be at least 6 ft (1.8 m) in length, whichever is greater. The extended reach
handle may break down into sections for storage, but it is not required. The handle must be
sturdy and strong enough to facilitate the secure attachment of the hook end.

5.

Net or hoist. One approved net or hoist is required on board. These devices are to be used to
facilitate safe handling of sea turtles by allowing them to be brought on board for fishing gear
removal, without causing further injury to the animal. Sea turtles must not be brought on board
without the use of a net or hoist. There must be no sharp edges or burrs on the hoop or frame, or
where the hoop or frame attaches to the handle. There is no requirement for the hoop or frame to be
circular as long as it meets the applicable minimum specifications. In this appendix, bar measure
means the non-stretched distance between a side knot and a bottom knot of a net mesh; also known
as the square mesh measurement. The types and minimum design standards for approved nets and
hoists are as follows:
(a) Dip net —

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(i)

50 CFR Appendix-F-to-Part-622 A.5.(a)(i)

Size of the net. The dip net must have a sturdy net hoop or frame of at least 31 inches
(78.7 cm) inside diameter and a bag depth of at least 38 inches (96.5 cm) to
accommodate sea turtles up to 3 ft (0.9 m) in carapace (shell) length. The bag mesh size
must not exceed 3 inches (7.6 cm), bar measure. The net hoop or frame must be made of
a rigid material strong enough to facilitate the sturdy attachment of the net.

(ii) Extended reach handle. The dip net hoop or frame must be securely fastened to an
extended reach handle or pole with a minimum length equal to or greater than 150 percent
of the freeboard, or at least 6 ft (1.8 m) in length, whichever is greater. The handle and net
must be able to support a minimum of 100 lb (45.4 kg) without breaking or significant
bending or distortion. The extended reach handle may break down into sections for
storage, but it is not required.
(b) Collapsible hoop net —
(i)

Size of the net. The collapsible hoop net must have a sturdy net hoop of at least 31 inches
(78.7 cm) inside diameter and a bag depth of at least 38 inches (96.5 cm) to
accommodate sea turtles up to 3 ft (0.9 m) in carapace (shell) length. The bag mesh size
must not exceed 3 inches (7.6 cm), bar measure. The net hoop must be strong enough to
facilitate the sturdy attachment of the net.

(ii) Extended reach handle. The collapsible hoop net must be securely fastened with rope(s) or
other line(s) connected to the hoop with a minimum length equal to or greater than 150
percent of the freeboard, or at least 6 ft (1.8 m) in length, whichever is greater. The rope(s)
and net must be able to support a minimum of 100 lb (45.4 kg) without breaking or
significant distortion.
(c) Small hoist —
(i)

Size of the hoist. The sea turtle hoist must have a sturdy net hoop or frame of at least 31
inches (78.7 cm) inside diameter to accommodate sea turtles up to 3 ft (0.9 m) in
carapace (shell) length. The net mesh size must not exceed 3 inches (7.6 cm), bar
measure. If polyvinyl chloride, or PVC, pipe is used to construct the hoist, the pipe fittings
must be glued together and a minimum strength of Schedule 40 pipe must be used. The
hoist hoop or frame must be made of a rigid material strong enough to facilitate the sturdy
attachment of the net.

(ii) Extended reach handle. The sea turtle hoist must be securely fastened with ropes or other
lines connected to the hoop or frame with a minimum length equal to or greater than 150
percent of the freeboard, or at least 6 ft (1.8 m) in length, whichever is greater. The ropes
and hoist hoop or frame must be able to support a minimum of 100 lb (45.4 kg) without
breaking or significant distortion.
6.

Cushion or support device. A standard automobile tire free of exposed steel belts, a boat cushion, or
any other comparable cushioned and elevated surface, is required for supporting a sea turtle in an
upright orientation while the sea turtle is on board. The cushion or support device must be
appropriately sized to fully support a range of sea turtle sizes. Any life-saving device that would be
used to support a sea turtle on board must be dedicated for that purpose and in addition to all
minimum human safety at sea requirements.

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7.

50 CFR Appendix-F-to-Part-622 A.7.

Short-handled dehooker for internal hooks. One short-handled dehooker for removing internal hooks
is required on board. This dehooker is designed to remove internal hooks from sea turtles brought on
board. This dehooker can also be used on external hooks. The minimum design standards are as
follows:
(a) General. The dehooker must allow the hook to be secured and the hook point shielded without
re-engaging during the removal process. It may not have any unprotected terminal points,
including blunt ones, as this could cause injury to the esophagus during hook removal. A sliding
plastic bite block must be permanently installed around the shaft to protect the beak and
facilitate hook removal in case a sea turtle bites down on the dehooker. The dehooker must be
of a size appropriate to secure the range of hook sizes and styles used on the vessel.
(b) Specifications. The dehooker must be constructed of 316L or 304L stainless steel. The shaft
must be 3⁄16 inch (4.8-mm) to 5⁄16 inch (7.9-mm) in diameter. The shaft must be 16 to 24 inches
(40.6 cm to 60.7 cm) long, with approximately a 4 to 6-inch (10.2 to 15.2-cm) long tube Thandle, wire loop handle, or similar. The bite block must be constructed of a 3⁄4 to 1-inch (1.9 to
2.5-cm) inside diameter high impact rated, rigid plastic cylinder (e.g., Schedule 80 PVC) that is 4
to 6 inches (10.2 to 15.2 cm) long to allow for 5 inches (12.7 cm) of slide along the shaft. The
dehooking end must be no larger than 17⁄8 inches (4.8 cm) outside diameter.

8.

Short-handled dehooker for external hooks. One short-handled dehooker for external hooks is
required on board. This dehooker is designed to remove external hooks from sea turtles brought on
board. The short-handled dehooker for internal hooks required to comply with paragraph A.7. of this
appendix may be used to comply with this requirement. The minimum design standards are as
follows:
(a) Fixed handle dehooker —
(i)

General. The dehooking end that secures the fishhook must be blunt and all edges
rounded. The dehooker must be of a size appropriate to secure the range of hook sizes
and styles used on the vessel.

(ii) Specifications. The dehooker must be constructed of 316L or 304L stainless steel. The
shaft must be 3⁄16 inch (4.8-mm) to 5⁄16 inch (7.9-mm) in diameter. The shaft must be 16 to
24 inches (40.6 to 60.7 cm) long with approximately a 4 to 6-inch (10.2 to 15.2-cm) long
tube T-handle, wire loop handle, or similar.
(b) Squeeze handle dehooker —
(i)

General. The dehooking end that secures the fishhook must be blunt and all edges
rounded. The dehooker must be able to secure the range of hook sizes and styles used on
the vessel. This dehooker secures a fishhook for removal by squeezing the handles
together using one hand to grab and pull the hook into notches at the top of the shaft of
the dehooker.

(ii) Specifications. The dehooker must be constructed of 316L or 304L stainless steel. The
overall length must be a minimum of 11 inches (27.9 cm) long.
9.

Long-nose or needle-nose pliers. One pair of long-nose or needle-nose pliers is required on board.
Required long-nose or needle-nose pliers can be used to remove hooks from the sea turtle's flesh or
for removing hooks from the front of the mouth. They can also hold PVC splice couplings in place,

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50 CFR Appendix-F-to-Part-622 A.10.

when used as mouth gags. The minimum design standards are as follows: The long-nose or needlenose pliers must be a minimum of 11 inches (27.9 cm) in length. It is recommended that the pliers
be constructed of stainless steel or other corrosion resistant metal material.
10. Bolt cutters. One pair of bolt cutters is required on board. Required bolt cutters may be used to cut
off the eye or barb of a hook to facilitate the hook removal without causing further injury to the sea
turtle. They should also be used to cut off as much of the hook as possible, when the remainder of
the hook cannot be removed. The minimum design standards are as follows: The bolt cutters must
be a minimum of 14 inches (35.6 cm) in total length, with blades that are a minimum of 4 inches
(10.2 cm) long and 21⁄4 inches (5.7 cm) wide, when closed. Required bolt cutters must be able to cut
hard metals, such as stainless or carbon steel hooks, up to 1⁄4-inch (6.4-mm) wire diameter, and they
must be capable of cutting through the hooks used on the vessel.
11. Monofilament line cutters. One pair of monofilament line cutters is required on board. Required
monofilament line cutters must be used to remove fishing line entangling a sea turtle, or to cut
fishing line as close to the eye of the hook as possible if the hook is swallowed or if the hook cannot
be removed. The minimum design standards are as follows: The monofilament line cutters must be
a minimum of 6 inches (15.2 cm) in length. The blades must be a minimum of 1 inch (2.5 cm) in
length and 5⁄8 inches (1.6 cm) wide, when closed.
12. Mouth openers or mouth gags. Required mouth openers and mouth gags are used to open sea turtle
mouths, and to keep them open when removing internal hooks from sea turtles brought on board.
They must allow access to the hook or line without causing further injury to the sea turtle. Design
standards are included in the item descriptions. At least two of the seven different types of mouth
openers or mouth gags described in paragraphs A.12.(a) through (g) of this appendix are required.
(a) A block of hard wood. A block of hard wood of a type that does not splinter (e.g., maple) with
rounded and smoothed edges, or a wooden-handled brush with the bristles removed. The
dimensions must be a minimum of 10 inches (25.4 cm) by 3⁄4 inch (1.9 cm) by 3⁄4 inch (1.9 cm).
(b) A set of three canine mouth gags. A set of canine mouth gags must include one of each of the
following sizes: small—5 inches (12.7 cm), medium—6 inches (15.2 cm), and large—7 inches
(17.8 cm). They must be constructed of stainless steel.
(c) A set of two sturdy dog chew bones. Required canine chews must be constructed of durable
nylon or thermoplastic polymer, and strong enough to withstand biting without splintering. To
accommodate a variety of sea turtle beak sizes, a set must include one large (51⁄2 to 8 inches
(14 cm to 20.3 cm) in length), and one small (31⁄2 to 41⁄2 inches (8.9 cm to 11.4 cm) in length)
canine chew bones.
(d) A set of two rope loops covered with protective tubing. A required set consists of two 3-ft
(0.9-m) lengths of poly braid rope (3⁄8-inch (9.5-mm) diameter suggested), each covered with an
8-inch (20.3-cm) long section of 1⁄2-inch (1.3-cm) to 3⁄4-inch (1.9-cm) diameter light duty garden
hose or similar flexible tubing, and each rope tied into a loop.
(e) A hank of rope. A length of soft braided or twisted nylon rope a minimum of 3⁄16-inch (4.8-mm)
diameter must be folded to create a hank, or looped bundle, of rope. The rope must create a
hank of 2 to 4 inches (5.1 cm to 10.2 cm) in thickness.
(f) A set of four PVC splice couplings. A required set must consist of the following Schedule 40
PVC splice coupling sizes: 1 inch (2.5 cm), 11⁄4 inch (3.2 cm), 11⁄2 inch (3.8 cm), and 2 inches
(5.1 cm). PVC splice couplings are held in a sea turtle's mouth with the needle-nose pliers.
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50 CFR Appendix-F-to-Part-622 A.12.(g)

(g) A large avian oral speculum. The avian oral speculum must be 9 inches (22.9 cm) long, and
constructed of 3⁄16-inch (4.8-mm) wire diameter 304 stainless steel. The wire must be covered
with 8 inches (20.3 cm) of clear vinyl tubing (5⁄16-inch (7.9-mm) outside diameter, 3⁄16-inch
(4.8-mm) inside diameter), friction tape, or similar to pad the surface.
B.

Sea turtle handling requirements. Any sea turtle incidentally captured during fishing operations must be
handled, and release gear must be used, in accordance with the NMFS careful handling, resuscitation, and
release protocols as specified in this appendix, in the 2019 version of the NMFS document titled, “Careful
Release Protocols for Sea Turtle Release with Minimal Injury”, or on the NMFS sea turtle handling and
release guidelines placard.
1.

Sea turtles brought on board. When practicable, both active and inactive (comatose) sea turtles must
be brought on board the vessel without causing further injury to the animal, using a net or hoist as
specified in paragraph A.5. of this appendix. Release gear specified in paragraphs A.6. through A.12.
of this appendix must be used to remove fishing gear from sea turtles. All sea turtles up to 3 ft (0.9
m) carapace (shell) length must be brought on board to remove fishing gear if sea conditions allow.
(a) Place a sea turtle upright on its bottom shell on a cushion or support device, as specified in
paragraph A.6. of this appendix, to immobilize it and facilitate gear removal. Then, determine if
the fishing gear can be removed without causing further injury. All externally embedded hooks
should be removed, unless hook removal would result in further injury to the sea turtle. No
attempt to remove a hook should be made if it has been swallowed and the insertion point of
the hook is not clearly visible, or if it is determined that removal would result in further injury to
the sea turtle.
(b) If a hook cannot be removed, remove as much line as possible from the sea turtle and the hook
using monofilament cutters as specified in paragraph A.11. of this appendix, and as much of
the hook as possible should be removed before releasing the sea turtle, using bolt cutters as
specified in paragraph A.10. of this appendix.
(c) If a hook can be removed, an effective technique may be to cut off the barb or the eye of the
hook using bolt cutters, and then to slide the hook out. When the hook is visible in the mouth, a
mouth opener or mouth gag, as specified in paragraph A.12. of this appendix, may facilitate
opening the sea turtle's mouth and keeping the mouth open. Short-handled dehookers for
internal hooks, or long-nose or needle-nose pliers, as specified in paragraphs A.7. and A.8. of
this appendix, respectively, should be used to remove visible hooks from the mouth that have
not been swallowed on boated sea turtles, as appropriate.
(d) If a sea turtle appears comatose or inactive, follow the NMFS resuscitation protocols to attempt
revival before its release. As much gear as possible must be removed from the sea turtle
without causing further injury prior to its release.
(e) Sea turtle resuscitation. Resuscitation must be attempted on any sea turtle that is comatose or
appears inactive by the following methods:
(i)

Place the sea turtle upright on its bottom shell and elevate its hindquarters at least 6
inches (15.2 cm) to drain any water from the sea turtle for a period of at least 4 hours and
up to 24 hours. The amount of the elevation depends on the size of the sea turtle; greater
elevations are needed for larger sea turtles.

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50 CFR Appendix-F-to-Part-622 B.1.(e)(ii)

(ii) Periodically rock the sea turtle gently from left to right by holding the outer edge of the
shell (carapace) and lift one side about 3 inches (7.6 cm), and then alternate to the other
side.
(iii) The sea turtle being resuscitated must be shaded and kept damp or moist. Do not put the
sea turtle into a container holding water. A water-soaked towel placed over the head, shell,
and flippers is the most effective method to keep a sea turtle moist.
(iv) Gently touch the corner of the eye and pinch the tail (reflex test) periodically to see if there
is a response indicating the sea turtle may be recovering.
(f) Sea turtle release. A sea turtle that is actively moving or determined to be dead as described in
paragraph B.1.(g) of this appendix must be released. Release the sea turtle when fishing gear is
not in use to avoid recapturing the sea turtle. Place the engine gear in neutral position, and then
lower the sea turtle into the water from a low part on the vessel, in an area where the sea turtle
is unlikely to be recaptured or injured by vessels.
(g) A sea turtle is determined to be dead if the muscles are stiff (rigor mortis) and/or the flesh has
begun to rot; otherwise the sea turtle is determined to be comatose or inactive, and
resuscitation attempts are necessary as specified in paragraph B.1.(e).
(h) A sea turtle that fails to respond to the reflex test or fails to move within 4 hours (up to 24 hours
if possible) must be returned to the water in the same manner as that for an actively moving
sea turtle.
2.

Sea turtles that cannot be brought on board. If a sea turtle is too large, or is hooked or entangled in a
manner that prevents bringing the sea turtle on board safely and without causing further injury,
release gear specified in paragraph A. of this appendix must be used to remove the maximum
amount of fishing gear from the sea turtle, or to remove as much line as possible from the sea turtle
or from a hook that cannot be removed prior to releasing the sea turtle.
(a) A non-boated sea turtle should be brought close to the boat. Then, determine whether the hook
can be removed without causing further injury to the sea turtle. All externally embedded hooks
should be removed, unless hook removal would result in further injury to the sea turtle. No
attempt should be made to remove a hook if it has been swallowed and the insertion point is
not clearly visible, or if it is determined that removal would result in further injury.
(b) If the hook cannot be removed or if the sea turtle is only entangled, remove as much line as
possible prior to its release using a long-handled line cutter or monofilament line cutters
specified in paragraphs A.1. and A.11. of this appendix.
(c) If the hook can be removed, it must be removed using the appropriate dehooker or other hook
removal device specified in paragraph A. of this appendix. Without causing further injury, as
much gear as possible must be removed from the sea turtle prior to its release.

3.

C.

Other sea turtle requirements. Any sea turtle taken incidentally while fishing, regardless of whether
the sea turtle is alive or dead, or whether it is brought on board, must not be consumed, sold, landed,
offloaded, transshipped, or kept below deck.

Incorporation by reference. The standards required in paragraphs A. and B. of this appendix are
incorporated by reference into this appendix with the approval 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,

50 CFR Appendix-F-to-Part-622 C. (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR Appendix-F-to-Part-622 C.1.

phone: 727-824-5301, website: https://www.fisheries.noaa.gov/southeast/endangered-speciesconservation/sea-turtle-and-smalltooth-sawfish-release-gear-protocols, and is available from the sources
listed below. It is also available for inspection at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to
www.archives.gov/federal-register/cfr/ibr-locations.html.
1.

U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine
Fisheries Service, Southeast Fisheries Science Center, 75 Virginia Beach Drive, Miami, FL 33149.
(a) Careful Release Protocols for Sea Turtle Release with Minimal Injury, NOAA Technical
Memorandum NMFS-SEFSC-735, Stokes, L., and Bergmann, C. (Editors), 2019.
(b) [Reserved]

2.

U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine
Fisheries Service, Southeast Regional Office, 263 13th Ave. South, St. Petersburg, FL 33701.
(a) Sea Turtle Handling/Release Guidelines: Quick Reference for Hook and Line Fisheries, English,
Spanish, Vietnamese, Revised April 2019.
(b) [Reserved]

[84 FR 67238, Dec. 9, 2019]

50 CFR Appendix-F-to-Part-622 C.2.(b) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR Appendix-F-to-Part-622 C.2.(b)

Appendix G to Part 622—Coastal Migratory Pelagics Zone Illustrations

50 CFR Appendix-F-to-Part-622 C.2.(b) (enhanced display)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR Appendix-F-to-Part-622 C.2.(b) (enhanced display)

50 CFR Appendix-F-to-Part-622 C.2.(b)

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50 CFR Part 622 (up to date as of 7/01/2024)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic

50 CFR Appendix-F-to-Part-622 C.2.(b)

[82 FR 17400, Apr. 11, 2017, as amended at 84 FR 4737, Feb. 19, 2019]

50 CFR Appendix-F-to-Part-622 C.2.(b) (enhanced display)

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