Southeast Region Gear Identification Requirements

Fishery Conservation and Management
(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 § 640.6. 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
enforcement-related
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.
[57 FR 56518, Nov. 30, 1992, as amended at 59
FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14,
1995]

§ 640.5 Recordkeeping and reporting.
[Reserved]
§ 640.6 Vessel and gear identification.
(a) EEZ off Florida. (1) An owner or
operator of a vessel that is used to harvest spiny lobsters by traps in the EEZ
off Florida must comply with the vessel and gear identification requirements applicable to the harvesting of
spiny lobsters by traps in Florida’s waters in sections 370.14(2)(a) and (3) and
370.142(2)(b), Florida Statutes, in effect
as of July 1, 1994, and in Rule 46–
24.006(3), (4), and (5), Florida Administrative Code, in effect as of June 1,
1994.
(2) An owner or operator of a vessel
that is used to harvest spiny lobsters
by diving in the EEZ off Florida must
comply with the vessel identification

§ 640.6
requirements applicable to the harvesting of spiny lobsters by diving in
Florida’s waters in Rule 46–24.006(6),
Florida Administrative Code, in effect
as of June 1, 1994.
(3) The incorporation by reference in
paragraphs (a)(1) and (a)(2) of this section of sections 370.14(2)(a) and (3) and
370.142(2)(b), Florida Statutes, and Rule
46–24.006(3), (4), (5), and (6), Florida Administrative Code, was approved by the
Director of the Office of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be
obtained from the Florida Marine Fisheries Commission, 2540 Executive Center Circle West, Suite 106, Tallahassee,
FL 32301; telephone: 904–487–0554. Copies
may be inspected at the Office of the
Regional Director; the Office of Fisheries Conservation and Management,
NMFS, 1315 East-West Highway, Silver
Spring, MD; or the Office of the Federal Register, 800 North Capitol Street
NW, Suite 700, Washington, DC.
(b) EEZ other than off Florida. (1) The
owner or operator of a vessel that is
used to harvest spiny lobsters in the
EEZ other than off Florida, must meet
the following vessel and gear 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 Regional Director, 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

255

VerDate 112000

09:39 Dec 15, 2000

Jkt 190204

PO 00000

Frm 00255

Fmt 8010

Sfmt 8010

Y:\SGML\190204T.XXX

pfrm01

PsN: 190204T

§ 640.7

50 CFR Ch. VI (10–1–00 Edition)

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 Regional Director,
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. 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.
[57 FR 56519, Nov. 30, 1992, as amended at 59
FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14,
1995]

§ 640.7 Prohibitions.
In addition to the general prohibitions specified in § 620.7 of this chapter,
it is unlawful for any person to do any
of the following:
(a) Sell, trade, or barter, or attempt
to sell, trade, or barter, a spiny lobster
in or from the EEZ without a required
license, certificate, or permit, as specified in § 640.4(a)(1).
(b) Falsify information specified in
§ 640.4(b)(2) on an application for a permit.
(c) Fail to display a permit, as specified in § 640.4(h).
(d) Falsify or fail to display and
maintain vessel and gear identification, as required by § 640.6 (a) and (b).
(e) Possess a spiny lobster trap in the
EEZ at a time not authorized, as specified in § 640.20(b)(3)(i) and (b)(3)(ii).
(f) Possess a spiny lobster in or from
the EEZ at a time not authorized, as
specified in § 640.20(b)(4).
(g) Fail to return immediately to the
water a berried spiny lobster or slipper
lobster; strip eggs from or otherwise
molest a berried spiny lobster or slipper lobster; or possess a spiny lobster
or slipper lobster, or part thereof, from
which eggs, swimmerettes, or pleopods
have been removed or stripped; as specified in § 640.21(a).
(h) Possess or fail to return immediately to the water unharmed a spiny
lobster smaller than the minimum size
limits specified in § 640.21 (b)(1) and
(b)(3), except as provided in § 640.21(c).
(i) Harvest or attempt to harvest a
spiny lobster by diving without having
and using in the water a measuring device, or fail to release an undersized
spiny lobster in the water, as specified
in § 640.21(b)(2).
(j) Possess an undersized spiny lobster for use as an attractant in a trap
in quantities or under conditions not
authorized in § 640.21(c).
(k) Possess a separated spiny lobster
tail, except as specified in § 640.21(d).
(l) Possess a spiny lobster harvested
by prohibited gear or methods; or possess on board a fishing vessel any dynamite or similar explosive substance; as
specified in § 640.20(b) and § 640.22 (a)(1)
and (a)(3).
(m) Use or possess in the EEZ a spiny
lobster trap that does not meet the requirements specified in § 640.22(b)(1).

256

VerDate 112000

09:39 Dec 15, 2000

Jkt 190204

PO 00000

Frm 00256

Fmt 8010

Sfmt 8010

Y:\SGML\190204T.XXX

pfrm01

PsN: 190204T