50 C.F.R. § 648.13 Transfers at sea.
Title 50 - Wildlife and Fisheries
(a) Only vessels issued a Loligo and butterfish moratorium or Illex moratorium permit under §648.4(a)(5) and vessels issued a mackerel or squid/butterfish incidental catch permit and authorized in writing by the Regional Administrator to do so, may transfer or attempt to transfer Loligo, Illex, or butterfish from one vessel to another vessel. (b)(1) Except as provided in paragraph (b)(2) of this section, vessels issued a multispecies permit under §648.4(a)(1) or a scallop permit under §648.4(a)(2) are prohibited from transferring or attempting to transfer any fish from one vessel to another vessel, except that vessels issued a Federal multispecies permit under §648.4(a)(1) and specifically authorized in writing by the Regional Administrator to do so, may transfer species other than regulated species from one vessel to another vessel. (2) Vessels issued a Federal multispecies permit under §648.4(a)(1) may transfer from one vessel to another, for use as bait, up to 500 lb (226.8 kg) of silver hake and unlimited amounts of red hake, per trip, provided: (i) The transferring vessel possesses a Federal multispecies permit as specified under §648.4(a)(1); (ii) The transferring vessel has a letter of authorization issued by the Regional Administrator on board; and (iii) The receiving vessel possesses a written receipt for any small-mesh multispecies purchased at sea. (c) All persons are prohibited from transferring or attempting to transfer NE multispecies or scallops from one vessel to another vessel, except in accordance with paragraph (b) of this section. (d) All persons are prohibited from transferring or attempting to transfer at sea summer flounder from one vessel to another vessel. (e) Vessels issued a letter of authorization from the Regional Administrator to transfer small-mesh multispecies at sea for use as bait will automatically have 500 lb (226.8 kg) deducted from the vessel's combined silver hake and offshore hake possession limit, as specified under §648.86(c), for every trip during the participation period specified on the letter of authorization, regardless of whether a transfer of small-mesh multispecies at sea occurred or whether the actual amount that was transferred was less than 500 lb (226.8 kg). This deduction shall be noted on the transferring vessel's letter of authorization from the Regional Administrator. (f) Atlantic herring. Except for a person who purchases and/or receives Atlantic herring at sea for his own personal use as bait and who does not have purse seine, mid-water trawl, pelagic gillnet, sink gillnet, or bottom trawl gear on board, any person or vessel is prohibited from transferring, receiving, or attempting to transfer or receive any Atlantic herring taken from the EEZ, and any vessel issued an Atlantic herring permit is prohibited from transferring, receiving, or attempting to transfer or receive, Atlantic herring, unless the person or vessel complies with the following: (1) The transferring and receiving vessels have been issued valid Atlantic herring permits and/or other applicable authorization, such as a letter of authorization from the Regional Administrator, to transfer or receive herring. (2) The vessel does not transfer to a U.S. vessel, and a U.S. vessel does not receive, > 2,000 lb (907.2 kg) of herring per day in or from a management area closed to directed fishing for Atlantic herring. (3) The vessel does not transfer herring in or from an area closed to directed fishing for Atlantic herring to an IWP or Joint Venture vessel. (4) The vessel does not transfer Atlantic herring to a Canadian transshipment vessel that is permitted in accordance with Pub. L. 104-297 after the amount of herring transshipped equals the amount of the BT specified pursuant to §648.200. (g) All persons are prohibited from transferring at sea, either directly or indirectly, or attempting to transfer at sea to any vessel, any red crab or red crab parts, taken in or from the EEZ portion of the Red Crab Management Unit. (h) Skates. (1) Except as provided in paragraph (h)(2) of this section, all persons or vessels issued a Federal skate permit are prohibited from transferring, or attempting to transfer, at sea any skates to any vessel, and all persons or vessels are prohibited from transferring, or attempting to transfer, at sea to any vessel any skates while in the EEZ, or skates taken in or from the EEZ portion of the Skate Management Unit. (2) Vessels and vessel owners or operators issued Federal skate permits under §648.4(a)(14) may transfer at sea skates taken in or from the EEZ portion of the Skate Management Unit provided: (i) The transferring vessel possesses on board a letter of authorization issued by the Regional Administrator as specified under §648.322(b); (ii) The vessel and vessel owner or operator comply with the requirements specified at §648.322(b); (iii) The transferring vessel maintains a record of the quantity of skates transferred according to the requirements at §648.7; and (iv) The transferring vessel provides the receiving vessel documentation showing the date and the amount of skates transferred, whether or not a monetary exchange is involved in the transfer, and the transferring vessel maintains onboard, for a minimum of 1 year from the date of the transfer, a copy of said documentation. (i) Scup. (1) Except as provided in paragraph (i)(2) of this section, all persons or vessels issued a Federal scup permit are prohibited from transferring, or attempting to transfer, at sea any scup to any vessel, and all persons or vessels are prohibited from transferring, or attempting to transfer, at sea to any vessel any scup while in the EEZ, or any scup taken in or from the EEZ portion of the Scup Management Unit. (2) The owner or operator of a vessel issued a Federal scup permit under §648.4(a)(6)(i)(A) may transfer at sea scup taken in or from the EEZ portion of the Scup Management Unit, provided: (i) The transfer occurs between two vessels with Federal scup permits; (ii) The transfer occurs seaward of a boundary line that begins at 40°50' N. lat., 70°00' W. long., and runs south to connect points at 40°15' N. lat., 73°30' W. long.; 37°50' N. lat., 75°00' W. long.; and 35°30' N. lat., 75°00' W. long.; (iii) The donating and receiving vessels possess gear that meets the requirements at §648.123(a)(2), (3), and (4) for commercial scup fishing gear; (iv) The transfer occurs in the Winter I or Winter II periods of the scup fishing year; (v) There is only one transfer per fishing trip for the donor vessel; (vi) The donor vessel removes only enough scup from the net to attain the scup possession limit; (vii) After removal of scup from the net by the donor vessel, the entire codend, with all its contents, is transferred to the receiving vessel; (viii) Only scup in an amount not to exceed the possession limit are retained by the receiving vessel; (ix) While fishing for scup, all other nets are stored in accordance with §648.23(b)(1); and (x) The donating and receiving vessels report the transfer amount on the vessel trip report for each vessel. [61 FR 34968, July 3, 1996, as amended at 62 FR 28642, May 27, 1997; 62 FR 63875, Dec. 3, 1997; 65 FR 16774, Mar. 29, 2000; 65 FR 77466, Dec. 11, 2000; 67 FR 63232, Oct. 10, 2002; 68 FR 22336, Apr. 28, 2003; 68 FR 49700, Aug. 19, 2003; 69 FR 16178, Mar. 29, 2004]
Title 50: Wildlife and Fisheries
PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES
Subpart A—General Provisions
§ 648.13 Transfers at sea.
