Greater Atlantic Region Vessel Indentification Requirements

erowe on DSKG8SOYB1PROD with CFR

§ 697.8

50 CFR Ch. VI (10–1–10 Edition)

or are from a recreational fishing vessel.
(ii) American lobsters or parts thereof that are possessed, or landed at or
prior to the time when the American
lobsters are received by a dealer, or
whole American lobsters that are possessed by a dealer, are presumed to
have been harvested from the EEZ or
by a vessel with a Federal limited access American lobster permit. A preponderance of all submitted evidence
that such American lobsters were harvested by a vessel without a Federal
limited access American lobster permit
and fishing exclusively for American
lobsters in state or foreign waters will
be sufficient to rebut this presumption.
(iii) The possession of egg-bearing female American lobsters, v-notched female American lobsters in violation of
the v-notch requirements set forth in
§ 697.20(g), American lobsters that are
smaller than the minimum size set
forth in § 697.20(a), American lobsters
that are larger than the maximum carapace sizes set forth in § 697.20(b), or
lobster parts, possessed at or prior to
the time when the aforementioned lobsters or parts are received by a dealer,
will be prima facie evidence that such
American lobsters or parts were taken
or imported in violation of these regulations. A preponderance of all submitted evidence that such American
lobsters were harvested by a vessel not
holding a permit under this part and
fishing exclusively within state or foreign waters will be sufficient to rebut
the presumption.
(d) Atlantic sturgeon fishery. In addition to the prohibitions set forth in
§ 600.725, it is unlawful for any person
to do any of the following:
(1) Fish for Atlantic sturgeon in the
EEZ.
(2) Harvest any Atlantic sturgeon
from the EEZ.
(3) Possess any natural or stocked
Atlantic sturgeon in or from the EEZ.
(4) Retain any Atlantic sturgeon
taken in or from the EEZ.
(5) Possess any natural Atlantic sturgeon parts, including Atlantic sturgeon
eggs, in the EEZ.
(e) Atlantic Coast Horseshoe Crab fishery. In addition to the prohibitions set
forth in § 600.725 of this chapter, it is

unlawful for any person to do any of
the following:
(1) Fish for horseshoe crabs in the
Carl N. Shuster Jr. Horseshoe Crab Reserve described in § 697.23(f)(1).
(2) Possess horseshoe crabs on a vessel with a trawl or dredge in the closed
area described in § 697.23(f)(1).
(3) Fail to return to the water immediately without further harm, all
horseshoe crabs caught in the closed
area described in § 697.23(f)(1).
(f) Atlantic red drum fishery. In addition to the prohibitions set forth in
§ 600.725 of this chapter, it is unlawful
for any person to do any of the following:
(1) Harvest or possess Atlantic red
drum in the EEZ south of a line extending in a direction of 115° from true
north commencing at a point at 40°29.6′
N. lat., 73°54.1′ W. long., such point
being the intersection of the New Jersey/New York boundary with the 3-nm
line denoting the seaward limit of state
waters, and north of the demarcation
line between the South Atlantic Fishery Management Council and the Gulf
of Mexico Fishery Management Council described in § 600.105(c) of this chapter.
(2) Fail to release immediately without further harm, all Atlantic red
drum caught in the EEZ area described
in paragraph (f)(1) of this section.
[64 FR 68248, Dec. 6, 1999, as amended at 66
FR 8911, Feb. 5, 2001; 66 FR 14502, Mar. 13,
2001; 68 FR 56790, Oct. 2, 2003; 71 FR 13037,
Mar. 14, 2006; 73 FR 11563, Mar. 4, 2008; 73 FR
58061, Oct. 6, 2008; 74 FR 37551, July 29, 2009]

§ 697.8 Vessel identification.
(a) Vessel name and official number.
Each fishing vessel issued a limited access American lobster permit and over
25 ft (7.6 m) in registered length must:
(1) Have affixed permanently its
name on the port and starboard sides of
the bow and, if possible, on its stern.
(2) Have its official number displayed
on the port and starboard sides of the
deckhouse or hull, and on an appropriate weather deck so as to be clearly
visible from enforcement vessels and
aircraft. The official number is the
USCG documentation number or the
vessel’s state registration number for
vessels not required to be documented
under title 46 U.S.C.

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Fishery Conservation and Management
(b) Numerals. Except as provided in
paragraph (d) of this section, each fishing vessel issued a limited access
American lobster permit must display
its official number in block arabic numerals in contrasting color at least 18
inches (45.7 cm) in height for fishing
vessels over 65 ft (19.8 m) in registered
length, and at least 10 inches (25.4 cm)
in height for all other vessels over 25 ft
(7.6 m) in registered length. The registered length of a vessel, for purposes
of this section, is that registered
length set forth in USCG or state
records.
(c) Duties of owner. The owner of each
vessel issued a limited access American
lobster permit shall ensure that—
(1) The vessel’s name and official
number are kept clearly legible and in
good repair.
(2) No part of the vessel, its rigging,
its fishing gear, or any other object obstructs the view of the official number
from any enforcement vessel or aircraft.
(d) Non-permanent marking. Vessels
over 25 ft (7.6 m) in registered length,
fishing in the EEZ and carrying recreational fishing parties on a per capita basis or by charter must use markings that meet the above requirements,
except for the requirement that they
be affixed permanently to the vessel.
The non-permanent markings must be
displayed in conformity with the aforementioned requirements.
§ 697.9 Facilitation of enforcement.
(a) General. See § 600.730 of this chapter.
(b) Radio hails. Permit holders, while
underway, must be alert for communication conveying enforcement instructions and immediately answer via
VHF-FM radio, channel 16, when hailed
by an enforcement officer. Vessels not
required to have VHF-FM radios by the
Coast Guard are exempt from this requirement.
[64 FR 68248, Dec. 6, 1999, as amended at 73
FR 67809, Nov. 17, 2008]

erowe on DSKG8SOYB1PROD with CFR

§ 697.10 Penalties.
See § 600.735 of this chapter.
§ 697.11 Civil procedures.
The civil procedure regulations at 15
CFR part 904 apply to civil penalties,

§ 697.12
permit sanctions, seizures, and forfeitures under the Atlantic Striped Bass
Conservation Act and the ACFCMA,
and to the regulations of this part.
§ 697.12 At-sea sea sampler/observer
coverage.
(a) The Regional Administrator may
request any vessel issued a Federal
limited access American lobster permit
to carry a NMFS-approved sea sampler/
observer. If requested by the Regional
Administrator to carry a sea sampler/
observer, a vessel may not engage in
any fishing operations in the respective
fishery unless a sea sampler/observer is
on board, or unless the requirement is
waived, as specified in paragraph (c) of
this section.
(b) If requested in writing by the Regional Administrator to carry a sea
sampler/observer, it is the responsibility of the vessel owner to arrange
for and facilitate sea sampler/observer
placement. Owners of vessels selected
for sea sampler/observer coverage must
notify the appropriate Regional or
Science and Research Administrator,
as specified by the Regional Administrator, before commencing any fishing
trip that may result in the harvest of
resources of the respective fishery. Notification procedures will be specified
in election letters to vessel owners.
(c) The Regional Administrator may
waive in writing the requirement to
carry a sea sampler/observer if the facilities on a vessel for housing the sea
sampler/observer, or for carrying out
sea sampler/observer functions, are so
inadequate or unsafe that the health or
safety of the sea sampler/observer, or
the safe operation of the vessel, would
be jeopardized.
(d) An owner or operator of a vessel
on which a NMFS-approved sea sampler/observer is embarked must:
(1) Provide accommodations and food
that are equivalent to those provided
to the crew.
(2) Allow the sea sampler/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 sea
sampler’s/observer’s duties.
(3) Provide true vessel locations, by
latitude and longitude or loran coordinates, as requested by the sea sampler/

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