50 C.F.R. 50 CFR--PART 648


Title 50 - Wildlife and Fisheries


Amendment from July 26, 2006

50 CFR--PART 648
View Printed Federal Register page 71 FR 42318 in PDF format.

Amendment(s) published July 26, 2006, in 71 FR 42318


Effective Date(s): August 25, 2006

3. In §648.104, paragraphs (b) introductory text and (b)(1) introductory text are revised to read as follows:

§ 648.104   Gear restrictions.

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(b) Exemptions. Unless otherwise restricted by this part, the minimum mesh-size requirements specified in paragraph (a)(1) of this section do not apply to:

(1) Vessels issued a summer flounder moratorium permit, a summer flounder small-mesh exemption area letter of authorization (LOA), required under paragraph (b)(1)(i) of this section, and fishing from November 1 through April 30 in the exemption area, which is east of the line that follows 72°30.0' W. long. until it intersects the outer boundary of the EEZ (copies of a map depicting the area are available upon request from the Regional Administrator). Vessels fishing under the LOA shall not fish west of the line. Vessels issued a permit under §648.4(a)(3)(iii) may transit the area west or south of the line, if the vessel's fishing gear is stowed in a manner prescribed under §648.104(e), so that it is not “available for immediate use” outside the exempted area. The Regional Administrator may terminate this exemption if he/she determines, after a review of sea sampling data, that vessels fishing under the exemption are discarding more than 10 percent, by weight, of their entire catch of summer flounder per trip. If the Regional Administrator makes such a determination, he/she shall publish notification in the Federal Register terminating the exemption for the remainder of the exemption season.

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