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pdf50 CFR 679.24 (up to date as of 9/10/2024)
Gear limitations.
50 CFR 679.24 (Sept. 10, 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 679 —Fisheries of the Exclusive Economic Zone off Alaska
Subpart B —Management Measures
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; Pub. L. 108-447; Pub. L. 111-281.
Editorial Note: Nomenclature changes to part 679 appear at 61 FR 56438, Nov. 1, 1996; 62 FR 2047, Jan. 15,
1997; 66 FR 27909, May 21, 2001; 67 FR 79739, Dec. 30, 2002; and 77 FR 6502, Feb. 8, 2012.
§ 679.24 Gear limitations.
Regulations pertaining to vessel and gear markings are set forth in this section and as prescribed in the annual
management measures published in the FEDERAL REGISTER pursuant to § 300.62 of chapter III of this title.
(a) Marking of hook-and-line, longline pot, and pot-and-line gear.
(1) All hook-and-line, longline pot, and pot-and-line marker buoys carried on board or used by any vessel
regulated under this part shall be marked with the vessel's Federal fisheries permit number or ADF&G
vessel registration number.
(2) Markings shall be in characters at least 4 inches (10.16 cm) in height and 0.5 inch (1.27 cm) in width
in a contrasting color visible above the water line and shall be maintained so the markings are clearly
visible.
(3) Each end of a set of longline pot gear deployed to fish IFQ sablefish in the GOA must have one hard
buoy ball attached and marked with the capital letters “LP” in accordance with paragraph (a)(2) of
this section.
(b) Gear restrictions —
(1) Pots— —Longline pot gear. Any person using longline pot gear must treat any catch of groundfish as
a prohibited species, except:
(i)
In the Aleutian Islands subarea.
(ii) While directed fishing for sablefish in the Bering Sea subarea.
(iii) While directed fishing for IFQ sablefish in the GOA.
(iv) While fishing for IFQ or CDQ halibut in the BSAI.
(2) [Reserved]
(3) Trawl footrope. No person trawling in any GOA area limited to pelagic trawling under § 679.22 may
allow the footrope of that trawl to be in contact with the seabed for more than 10 percent of the
period of any tow.
(4) BSAI pollock nonpelagic trawl prohibition. No person may use nonpelagic trawl gear to engage in
directed fishing for pollock in the BSAI.
50 CFR 679.24(b)(4) (enhanced display)
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50 CFR 679.24 (up to date as of 9/10/2024)
Gear limitations.
50 CFR 679.24(c)
(c) Gear restrictions for sablefish —
(1) Gear allocations. Gear allocations of sablefish TAC are set out under § 679.20.
(2) Eastern GOA regulatory area —
(i)
General.
(A) No person may use any gear other than hook-and-line, longline pot, jig, or trawl gear when
fishing for sablefish in the Eastern GOA regulatory area.
(B) No person may use any gear other than hook-and-line gear, longline pot gear, or jig gear to
engage in directed fishing for IFQ sablefish.
(ii) Sablefish as prohibited species —
(A) Trawl gear. When operators of vessels using trawl gear have harvested 5 percent of the
TAC for sablefish in the Eastern GOA regulatory area during any year, further trawl catches
of sablefish must be treated as prohibited species as provided by § 679.21(a).
(B) Other gear. Operators of vessels using gear types other than those specified in paragraph
(c)(2)(i) of this section in the Eastern GOA regulatory area must treat any catch of
sablefish as a prohibited species as provided by § 679.21(a).
(3) Central and Western GOA regulatory areas; sablefish as prohibited species. Operators of vessels
using gear types other than hook-and-line, longline pot, jig, or trawl gear in the Central and Western
GOA regulatory areas must treat any catch of sablefish in these areas as a prohibited species as
provided by § 679.21(a).
(4) BSAI. Operators of vessels using gear types other than hook-and-line, longline pot, pot-and-line, jig, or
trawl gear in the BSAI must treat sablefish as a prohibited species as provided by § 679.21(a).
(d) Trawl gear test areas —
(1) General. For purposes of allowing pelagic and nonpelagic trawl fishermen to test trawl fishing gear,
NMFS may establish, after consulting with the Council, locations for the testing of trawl fishing gear
in areas that would otherwise be closed to trawling.
(2) Trawl gear testing. For the purposes of this section, “trawl gear testing” means deploying trawl gear
in areas designated in this paragraph (d) and in Figure 7 to this part under the following conditions.
(i)
The codend shall be unzipped while trawl gear testing.
(ii) Groundfish shall not be possessed on board when trawl gear testing.
(iii) Observers aboard vessels during the time spent trawl gear testing shall not fulfill observer
requirements at subpart E of this part.
(3) Criteria. The establishment of test areas must comply with the following criteria:
(i)
Depth and bottom type must be suitable for testing the particular gear type.
(ii) The areas must be outside State waters.
(iii) The areas must be in locations not normally closed to fishing with that gear type.
(iv) The areas must be in locations that are not usually fished heavily by that gear type.
50 CFR 679.24(d)(3)(iv) (enhanced display)
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50 CFR 679.24 (up to date as of 9/10/2024)
Gear limitations.
50 CFR 679.24(d)(3)(v)
(v) The areas must not be within a designated Steller sea lion protection area at any time of the
year.
(4) Test areas. Trawl gear testing is allowed in the following areas (Figure 7 to this part) bounded by
straight lines connecting the coordinates in the order listed, at all times:
(i)
Kodiak Test Area.
57°37′ N. lat., 152°02′ W. long.
57°37′ N. lat., 151°25′ W. long.
57°23′ N. lat., 151°25′ W. long.
57°23′ N. lat., 152°02′ W. long.
57°37′ N. lat., 152°02′ W. long.
(ii) Sand Point Test Area.
54°50′ N. lat., 161°00′ W. long.
54°50′ N. lat., 160°30′ W. long.
54°35′ N. lat., 160°30′ W. long.
54°35′ N. lat., 161°00′ W. long.
54°50′ N. lat., 161°00′ W. long.
(iii) Bering Sea Test Area.
55°00′ N. lat., 167°00′ W. long.
55°00′ N. lat., 166°00′ W. long.
54°40′ N. lat., 166°00′ W. long.
54°40′ N. lat., 167°00′ W. long.
55°00′ N. lat., 167°00′ W. long.
(e) Seabird avoidance program for vessels fishing with hook-and-line gear —
(1) Applicability. The operator of a vessel that is longer than 26 ft (7.9 m) LOA fishing with hook-and-line
gear must comply with the seabird avoidance requirements as specified in paragraphs (e)(2) and
(e)(3) of this section while fishing for any of the following species:
(i)
IFQ halibut or CDQ halibut.
(ii) IFQ sablefish.
50 CFR 679.24(e)(1)(ii) (enhanced display)
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50 CFR 679.24 (up to date as of 9/10/2024)
Gear limitations.
50 CFR 679.24(e)(1)(iii)
(iii) Groundfish in the EEZ off Alaska.
(2) Seabird Avoidance Requirements. The operator of a vessel described in paragraph (e)(1) of this
section must:
(i)
Gear onboard. Have onboard the vessel the seabird avoidance gear as specified in paragraph
(e)(3) of this section;
(ii) Gear inspection. Upon request by an authorized officer or observer, make the seabird avoidance
gear available for inspection;
(iii) Gear use. Use seabird avoidance gear as specified in paragraph (e)(3) of this section that meets
standards as specified in paragraph (e)(4) of this section, while hook-and-line gear is being
deployed.
(iv) Sink baited hooks. Use hooks that when baited, sink as soon as they are put in the water.
(v) Offal discharge.
(A) If offal is discharged while gear is being set or hauled, discharge offal in a manner that
distracts seabirds from baited hooks, to the extent practicable. The discharge site on
board a vessel must be either aft of the hauling station or on the opposite side of the
vessel from the hauling station.
(B) Remove hooks from any offal that is discharged.
(C) Eliminate directed discharge through chutes or pipes of residual bait or offal from the
stern of the vessel while setting gear. This does not include baits falling off the hook or
offal discharges from other locations that parallel the gear and subsequently drift into the
wake zone well aft of the vessel.
(D) For vessels not deploying gear from the stern, eliminate directed discharge of residual bait
or offal over sinking hook-and-line gear while gear is being deployed.
(vi) Safe release of seabirds. Make every reasonable effort to ensure birds brought on board alive
are released alive and that, wherever possible, hooks are removed without jeopardizing the life
of the birds.
(3) Seabird avoidance gear requirements. (See also Table 20 to this part.)
(i)
The operator of a vessel identified in paragraph (e)(1) of this section must comply with
paragraph (e)(3)(ii) or (e)(3)(iii) of this section while fishing with hook-and-line gear for
groundfish, IFQ halibut, CDQ halibut, or IFQ sablefish in Federal waters (EEZ) and for IFQ halibut,
CDQ halibut, or IFQ sablefish in the State of Alaska waters, excluding fishing in:
(A) NMFS Reporting Area 649 (Prince William Sound);
(B) State waters of Cook Inlet;
(C) NMFS Reporting Area 659 (Eastern GOA Regulatory Area; Southeast Inside District), but
including waters in the areas south of a straight line at 56°17.25 N. lat. between Point
Harris and Port Armstrong in Chatham Strait, State statistical areas 325431 and 325401,
and west of a straight line at 136°21.17 E. long. from Point Wimbledon extending south
through the Inian Islands to Point Lavinia; and
50 CFR 679.24(e)(3)(i)(C) (enhanced display)
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50 CFR 679.24 (up to date as of 9/10/2024)
Gear limitations.
50 CFR 679.24(e)(3)(i)(D)
(D) Area 4E with a vessel less than or equal to 55 ft (16.8 m) LOA, but including fishing in
waters south of 60°00.00 N. lat. and west of 160°00.00 W. long.
(ii) Using other than snap gear,
(A) A minimum of 1 buoy bag line as specified in paragraph (e)(4)(i) of this section must be
used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA
without masts, poles, or rigging.
(B) A minimum of a single streamer line as specified in paragraph (e)(4)(ii) of this section
must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft
(16.8 m) LOA with masts, poles, or rigging.
(C) A minimum of a paired streamer line of a standard as specified in paragraph (e)(4)(iii) of
this section must be used by vessels greater than 55 ft (16.8 m) LOA.
(iii) Using snap gear,
(A) A minimum of 1 buoy bag line as specified in paragraph (e)(4)(i) of this section must be
used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA
without masts, poles, or rigging.
(B) A minimum of a single streamer line as specified in paragraph (e)(4)(iv) of this section
must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft
(16.8 m) LOA with masts, poles, or rigging.
(C) A minimum of a single streamer line as specified in paragraph (e)(4)(iv) of this section
must be used by vessels greater than 55 ft (16.8 m) LOA.
(4) Seabird avoidance gear performance and material standards:
(i)
Buoy bag line weather exception. In winds exceeding 45 knots (storm or Beaufort 9 conditions),
the use of a buoy bag line is discretionary.
(ii) Single streamer standard.
(A) A single streamer line must:
(1) Be a minimum of 300 feet (91.4 m) in length;
(2) Have streamers spaced every 16.4 ft (5 m);
(3) Be deployed before the first hook is set in such a way that streamers are in the air for
a minimum of 131.2 ft (40 m) aft of the stern and within 6.6 ft (2 m) horizontally of
the point where the main groundline enters the water.
(4) Have individual streamers that hang attached to the mainline to 9.8 in (0.25 m) above
the waterline in the absence of wind.
(5) Have streamers constructed of material that is brightly colored, UV-protected plastic
tubing or 3/8 inch polyester line or material of an equivalent density.
(B) Weather exception: In winds exceeding 45 knots (storm or Beaufort 9 conditions), the use
of a single streamer line is discretionary.
(iii) Paired streamer standard:
50 CFR 679.24(e)(4)(iii) (enhanced display)
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50 CFR 679.24 (up to date as of 9/10/2024)
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50 CFR 679.24(e)(4)(iii)(A)
(A) At least one streamer line must be deployed before the first hook is set and two streamer
lines must be fully deployed within 90 seconds.
(B) Weather exceptions : In conditions of wind speeds exceeding 30 knots (near gale or
Beaufort 7 conditions), but less than or equal to 45 knots, a single streamer must be
deployed from the windward side of the vessel. In winds exceeding 45 knots (storm or
Beaufort 9 conditions), the use of streamer lines is discretionary.
(C) Streamer lines must:
(1) Be deployed in such a way that streamers are in the air for a minimum of 131.2 ft (40
m) aft of the stern for vessels under 100 ft (30.5 m) and 196.9 ft (60 m) aft of the
stern for vessels 100 ft (30.5 m) or over;
(2) Be a minimum of 300 feet (91.4 m) in length;
(3) Have streamers spaced every 16.4 ft (5 m);
(4) For vessels deploying hook-and-line gear from the stern, the streamer lines must be
deployed from the stern, one on each side of the main groundline.
(5) For vessels deploying gear from the side, the streamer lines must be deployed from
the stern, one over the main groundline and the other on one side of the main
groundline.
(6) Have individual streamers that hang attached to the mainline to 9.8 in (0.25 m) above
the waterline in the absence of wind.
(7) Have streamers constructed of material that is brightly colored, UV-protected plastic
tubing or 3⁄8 inch polyester line or material of an equivalent density.
(iv) Snap gear streamer standard:
(A) For vessels using snap gear, a single streamer line must:
(1) Be deployed before the first hook is set in such a way that streamers are in the air for
65.6 ft (20 m) aft of the stern and within 6.6 ft (2 m) horizontally of the point where
the main groundline enters the water.
(2) Have a minimum length of 147.6 ft (45 m).
(B) Weather exception: In winds exceeding 45 knots (storm or Beaufort 9 conditions), the use
of a single streamer line is discretionary.
(v) Weather safety standard. The use of seabird avoidance devices required by paragraph (e)(3) of
this section is discretionary for vessels greater than 26 ft (7.9 m) LOA and less than or equal to
55 ft (16.8 m) LOA in conditions of wind speeds exceeding 30 knots (near gale or Beaufort 7
conditions).
(5) Other methods. Any of the following measures or methods must be accompanied by the applicable
seabird avoidance gear requirements as specified in paragraph (e)(3) of this section:
(i)
Night-setting.
(ii) Line shooter.
(iii) Lining tube.
50 CFR 679.24(e)(5)(iii) (enhanced display)
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50 CFR 679.24 (up to date as of 9/10/2024)
Gear limitations.
50 CFR 679.24(e)(6)
(6) Seabird avoidance exemption.
Nothwithstanding any other paragraph in this part, operators of vessels 32 ft (9.8 m) LOA or less
using hook-and-line gear in IPHC Area 4E in waters shoreward of the EEZ are exempt from seabird
avoidance regulations.
(f) Modified nonpelagic trawl gear. Nonpelagic trawl gear modified as shown in Figure 26 to this part must be
used by any vessel required to be federally permitted and that is used to directed fish for flatfish, as
defined in § 679.2, in any reporting area of the BS or in the Central GOA Regulatory Area or directed fish
for groundfish with nonpelagic trawl gear in the Modified Trawl Gear Zone specified in Table 51 to this
part. Nonpelagic trawl gear used by these vessels must meet the following standards:
(1) Elevated section minimum clearance. Except as provided for in paragraph (f)(3)(iii) of this section,
elevating devices must be installed on the elevated section shown in Figure 26 to this part to raise
the elevated section at least 2.5 inches (6.4 cm), as measured adjacent to the elevating device
contacting a hard, flat surface that is parallel to the elevated section, regardless of the elevating
device orientation, and measured between the surface and the widest part of the line material.
Elevating devices must be installed on each end of the elevated section, as shown in Figure 26 to
this part. Measuring locations to determine compliance with this standard are shown in Figure 25 to
this part.
(2) Elevating device spacing. Elevating devices must be secured along the entire length of the elevated
section shown in Figure 26 to this part and spaced no less than 30 feet (9.1 m) apart; and either
(i)
If the elevating devices raise the elevated section shown in Figure 26 to this part 3.5 inches (8.9
cm) or less, the space between elevating devices must be no more than 65 feet (19.8 m); or
(ii) If the elevating devices raise the elevated section shown Figure 26 to this part more than 3.5
inches (8.9 cm), the space between elevating devices must be no more than 95 feet (29 m).
(3) Clearance measurements and line cross sections.
(i)
The largest cross section of the line of the elevated section shown in Figure 26 to this part
between elevating devices shall not be greater than the cross section of the material at the
nearest measurement location, as selected based on the examples shown in Figure 25 to this
part. The material at the measurement location must be—
(A) The same material as the line between elevating devices, as shown in Figures 25a and 25d
to this part;
(B) Different material than the line between elevating devices and used to support the
elevating device at a connection between line sections (e.g., on a metal spindle, on a
chain), as shown in Figure 25b to this part; or
(C) Disks of a smaller cross section than the elevating device, which are strung continuously
on a line between elevating devices, as shown in Figure 25c to this part.
(ii) Portions of the line between elevating devices that are braided or doubled for section
terminations or used for line joining devices are not required to be a smaller cross section than
the measuring location.
50 CFR 679.24(f)(3)(ii) (enhanced display)
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Gear limitations.
50 CFR 679.24(f)(3)(iii)
(iii) Required minimum clearance for supporting material of a larger cross section than the cross
section of the line material. When the material supporting the elevating device has a larger
cross section than the largest cross section of the line between elevating devices, except as
provided for in paragraph (f)(3)(ii) of this section, based on measurements taken in locations
shown in Figure 27 to this part, the required minimum clearance shall be as follows:
(A) For elevating devices spaced 30 feet (9.1 m) to 65 feet (19.8 m), the required minimum
clearance is ≥[2.5 inches − ((support material cross section − line material cross
section)/2)], or
(B) For elevating devices spaced greater than 65 feet (19.8 m) to 95 feet (29 m), the required
minimum clearance is ≥[3.5 inches −((support material cross section − line material cross
section)/2)].
[61 FR 31230, June 19, 1996]
Editorial Note: For FEDERAL REGISTER citations affecting § 679.24, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
50 CFR 679.24(f)(3)(iii)(B) (enhanced display)
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