50 C.F.R. § 648.14 Prohibitions.
Title 50 - Wildlife and Fisheries
(a) In addition to the general prohibitions specified in §600.725 of this chapter, it is unlawful for any person to do any of the following: (1) Fail to report to the Regional Administrator within 15 days any change in the information contained in an applicable vessel, operator, or dealer/processor permit application. (2) Falsify or fail to affix and maintain vessel markings as required by §648.8. (3) Make any false statement in connection with an application, declaration, or report under this part. (4) Fail to comply in an accurate and timely fashion with the log report, reporting, record retention, inspection, and other requirements of §648.7, or submit or maintain false information in records and reports required to be kept or filed under §648.7. (5) Alter, erase, or mutilate any permit issued under this part. (6) Alter, erase, mutilate, duplicate or cause to be duplicated, or steal any cage tag issued under this part. (7) Tamper with, damage, destroy, alter, or in any way distort, render useless, inoperative, ineffective, or inaccurate the VMS, VMS unit, or VMS signal required to be installed on or transmitted by vessel owners or operators required to use a VMS by this part. (8) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment, threat, or coercion any NMFS-approved observer or sea sampler aboard a vessel conducting his or her duties aboard a vessel, or any authorized officer conducting any search, inspection, investigation, or seizure in connection with enforcement of this part, or any official designee of the Regional Administrator conducting his or her duties, including those duties authorized in §648.7(g). (9) Refuse to carry an observer or sea sampler if requested to do so by the Regional Administrator. (10) To refuse reasonable assistance to either a NMFS-approved observer or sea sampler conducting his or her duties aboard a vessel. (11) Fish for surf clams or ocean quahogs in any area closed to surf clam or ocean quahog fishing. (12) Fish for, take, catch, harvest or land any species of fish regulated by this part in or from the EEZ, unless the vessel has a valid and appropriate permit issued under this part and the permit is on board the vessel and has not been surrendered, revoked, or suspended. (13) Purchase, possess or receive for a commercial purpose, or attempt to purchase possess or receive for a commercial purpose, any species regulated under this part unless in possession of a valid dealer permit issued under this part, except that this prohibition does not apply to species that are purchased or received from a vessel not issued a permit under this part that fished exclusively in state waters, or unless otherwise specified in §648.17. (14) Produce, or cause to be produced, cage tags required under this part without written authorization from the Regional Administrator. (15) Tag a cage with a tag that has been rendered null and void or with a tag that has been previously used. (16) Tag a cage of surf clams with an ocean quahog cage tag or tag a cage of ocean quahogs with a surf clam cage tag. (17) Possess, import, export, transfer, land, have custody or control of any species of fish regulated pursuant to this part that do not meet the minimum size provisions in this part, unless such species were harvested exclusively within state waters by a vessel not issued a permit under this part or whose permit has been surrendered in accordance with applicable regulations. (18) Possess an empty cage to which a cage tag required by §648.75 is affixed or possess any cage that does not contain surf clams or ocean quahogs and to which a cage tag required by §648.75 is affixed. (19) Land or possess, after offloading, any cage holding surf clams or ocean quahogs without a cage tag or tags required by §648.75, unless the person can demonstrate the inapplicability of the presumptions set forth in §648.75(h). (20) Sell null and void tags. (21) Shuck surf clams or ocean quahogs harvested in or from the EEZ at sea, unless permitted by the Regional Administrator under the terms of §648.74. (22) Receive for a commercial purpose other than transport, surf clams or ocean quahogs harvested in or from the EEZ, whether or not they are landed under an allocation under §648.70, unless issued a dealer/processor permit under this part. (23) Land unshucked surf clams or ocean quahogs harvested in or from the EEZ outside the Maine mahogany quahog zone in containers other than cages from vessels capable of carrying cages. (24) Land unshucked surf clams and ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone in containers other than cages from vessels capable of carrying cages unless, with respect to ocean quahogs, the vessel has been issued a Maine mahogany quahog permit under this part and is not fishing for an individual allocation of quahogs under §648.70. (25) Fail to comply with any of the notification requirements specified in §648.15(b). (26) Fish for, retain, or land both surf clams and ocean quahogs in or from the EEZ on the same trip. (27) Fish for, retain, or land ocean quahogs in or from the EEZ on a trip designated as a surf clam fishing trip under §648.15(b), or fish for, retain, or land surf clams in or from the EEZ on a trip designated as an ocean quahog fishing trip under §648.15(b). (28) Fail to offload any surf clams or ocean quahogs harvested in the EEZ from a trip discontinued pursuant to §648.15(b) prior to commencing fishing operations in waters under the jurisdiction of any state. (29) Land or possess any surf clams or ocean quahogs harvested in or from the EEZ in excess of, or without, an individual allocation. (30) Transfer any surf clams or ocean quahogs harvested in or from the EEZ to any person for a commercial purpose, other than transport, without a surf clam or ocean quahog processor or dealer permit. (31) Fish for, possess, or land NE multispecies, unless: (i) The NE multispecies are being fished for or were harvested in or from the EEZ by a vessel holding a valid multispecies permit under this part, or a letter under §648.4(a)(1), and the operator on board such vessel has been issued an operator's permit and has a valid permit on board the vessel; (ii) The NE multispecies were harvested by a vessel not issued a multispecies permit that fishes for NE multispecies exclusively in state waters; (iii) The NE multispecies were harvested in or from the EEZ by a recreational fishing vessel; or (iv) Unless otherwise specified in §648.17. (32) Land, offload, remove, or otherwise transfer, or attempt to land, offload, remove or otherwise transfer multispecies from one vessel to another vessel, unless both vessels have not been issued multispecies permits and both fish exclusively in state waters, or unless authorized in writing by the Regional Administrator. (33) Sell, barter, trade, or otherwise transfer; or attempt to sell, barter, trade, or otherwise transfer for a commercial purpose any NE multispecies from a trip, unless the vessel is holding a multispecies permit, or a letter under §648.4(a)(1), and is not fishing under the charter/party vessel restrictions specified in §648.89, or unless the NE multispecies were harvested by a vessel without a multispecies permit that fishes for NE multispecies exclusively in state waters, or unless otherwise specified in §648.17. (34) Operate or act as an operator of a vessel fishing for or possessing NE multispecies in or from the EEZ, or holding a multispecies permit without having been issued and possessing a valid operator's permit. (35) Fish with, use, or have on board, within the areas described in §648.80(a)(1) and (2), nets with mesh size smaller than the minimum mesh size specified in §648.80(a)(3) and (4), except as provided in §648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), (d), (e), and (i), unless the vessel has not been issued a NE multispecies permit and fishes for NE multispecies exclusively in state waters, or unless otherwise specified in §648.17. (36) Fish with, use, or have available for immediate use within the area described in §648.80(b)(1), nets of mesh size smaller than the minimum size specified in §648.80(b)(2), except as provided in §648.80(b)(3), (b)(9), (d), (e), and (i), or unless the vessel has not been issued a multispecies permit and fishes for multispecies exclusively in state waters, or unless otherwise specified in §648.17. (37) Fish with, use, or have available for immediate use within the area described in §648.80(c)(1), nets of mesh size smaller that the minimum mesh size specified in §648.80(c)(2), except as provided in §648.80(c)(3), (d), (e), and (i), or unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters, or unless otherwise specified in §648.17. (38) Enter or be in the area described in §648.81(a)(1) on a fishing vessel, except as provided in §648.81(a)(2) and (d). (39) Enter or be in the area described in §648.81(b)(1) on a fishing vessel, except as provided in §648.81(b)(2) and (b)(2)(i). (40) Enter or be in the area described in §648.81(c)(1) on a fishing vessel, except as allowed under §648.81(c)(2) and (i). (41) Fail to comply with the gear-marking requirements of §648.84. (42) Fish within the areas described in §648.80(a)(6) with nets of mesh smaller than the minimum size specified in §648.80(a)(3) or (4). (43) Violate any of the provisions of §648.80, including paragraphs (a)(5), the small-mesh northern shrimp fishery exemption area; (a)(6), the Cultivator Shoal whiting fishery exemption area; (a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket Shoals dogfish fishery exemption area; (a)(12), the Nantucket Shoals mussel and sea urchin dredge exemption area; (a)(13), the GOM/GB monkfish gillnet exemption area; (a)(14), the GOM/GB dogfish gillnet exemption area; (a)(15), the Raised Footrope Trawl Exempted Whiting Fishery; (b)(3), exemptions (small mesh); (b)(5), the SNE monkfish and skate trawl exemption area; (b)(6), the SNE monkfish and skate gillnet exemption area; (b)(8), the SNE mussel and sea urchin dredge exemption area; (b)(9), the SNE little tunny gillnet exemption area; and (b)(11), the SNE Scallop Dredge Exemption Area. Each violation of any provision in §648.80 constitutes a separate violation. (44) Fish for, land, or possess NE multispecies harvested by means of pair trawling or with pair trawl gear, except under the provisions of §648.80(d), or unless the vessels that engaged in pair trawling have not been issued multispecies permits and fish for NE multispecies exclusively in state waters. (45) Fish for, harvest, possess, or land in or from the EEZ northern shrimp, unless such shrimp were fished for or harvested by a vessel meeting the requirements specified in §648.80(a)(5). (46) Violate any terms of a letter authorizing experimental fishing pursuant to §648.12 or fail to keep such letter on board the vessel during the period of the experiment. (47) Fish for the species specified in §648.80(d) or (e) with a net of mesh size smaller than the applicable mesh size specified in §648.80(a)(3) or (4), (b)(2), or (c)(2), or possess or land such species, unless the vessel is in compliance with the requirements specified in §648.80(d) or (e), or unless the vessel has not been issued a NE multispecies permit and fishes for NE multispecies exclusively in state waters, or unless otherwise specified in §648.17. (48) Violate any provision of the open access permit restrictions as provided in §648.88. (49) Violate any of the possession or landing restrictions on fishing with scallop dredge gear specified in §§648.80(h) and 648.94. (50) Violate any provision of the state waters winter flounder exemption program as provided in §648.80(i). (51) Obstruct or constrict a net as described in §648.80(g) (1) or (2). (52) Enter, be on a fishing vessel in, or fail to remove gear from the EEZ portion of the areas described in §648.81(d)(1) through (g)(1), except as provided in §648.81(d)(2), (e)(2), (f)(2), (g)(2), and (i). (53) Possess, land, or fish for regulated species, except winter flounder as provided for in accordance with §648.80(i) and from or within the areas described in §648.80(i), while in possession of scallop dredge gear on a vessel not fishing under the scallop DAS program as described in §648.53, or fishing under a general scallop permit, unless the vessel and the dredge gear conform with the stowage requirements of §648.51 (a)(2)(ii) and (e)(2), or unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (54) Possess or land fish caught with nets of mesh smaller than the minimum size specified in §648.51, or with scallop dredge gear on a vessel not fishing under the scallop DAS program described in §648.54 of this chapter, or fishing under a general scallop permit, unless said fish are caught, possessed or landed in accordance with §§648.80 and 648.86, or unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (55) Purchase, possess, or receive as a dealer, or in the capacity of a dealer, regulated species in excess of the possession limits specified in §648.85 or §648.86 applicable to a vessel issued a NE multispecies permit, unless otherwise specified in §648.17, or unless the regulated species are purchased or received from a member of an approved Sector as specified at §648.87 that is exempt from such possession limits in accordance with an approved Sector Operations Plan. (56) Fish for, possess, or land per trip, scallops in excess of 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops unless: (i) The scallops were fished for and harvested by a vessel that has been issued and carries on board a VMS general scallop or limited access scallop permit; (ii) The scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters. (iii) The scallops were fished for and harvested by a vessel issued a VMS general scallop permit with an operator on board who has been issued an operator's permit and the permit is on board the vessel and is valid. (57) Fish for or land per trip, or possess at any time prior to a transfer to another person for a commercial purpose, other than solely for transport, in excess of 400 lb (181.4 kg) shucked, or 50 bu (17.6 hl) in-shell scallops, unless: (i) The scallops were harvested by a vessel that has been issued and carries on board a limited access scallop permit and is fishing under scallop DAS; or (ii) The scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters. (iii) The scallops were harvested by a vessel that has been issued and carries on board a limited access or General Category scallop permit and the vessel is fishing under the provisions of the state waters exemption program specified in §648.54. (58) [Reserved] (59) Have a shucking or sorting machine on board a vessel that shucks scallops at sea, while in possession of more than 400 lb (181.44 kg) of shucked scallops, unless that vessel has not been issued a scallop permit and fishes exclusively in state waters. (60) Land, offload, remove, or otherwise transfer, or attempt to land, offload, remove or otherwise transfer, scallops from one vessel to another, unless that vessel has not been issued a scallop permit and fishes exclusively in state waters. (61) Sell, barter or trade, or otherwise transfer, or attempt to sell, barter or trade, or otherwise transfer, for a commercial purpose, any scallops from a trip whose catch is 40 lb (18.14 kg) of shucked scallops or less, or 5 bu (176.1 L) of in-shell scallops, unless the vessel has been issued a valid general or limited access scallop permit, or the scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters. (62) Purchase, possess, or receive for a commercial purpose, or attempt to purchase, possess, or receive for a commercial purpose, in the capacity of a dealer, scallops taken from a fishing vessel that were harvested in or from the EEZ, unless issued, and in possession of, a valid scallop dealer's permit. (63) Purchase, possess, or receive for commercial purposes, or attempt to purchase or receive for commercial purposes, scallops caught by a vessel other than one issued a valid limited access or general scallop permit unless the scallops were harvested by a vessel that has not been issued a scallop permit and fishes for scallops exclusively in state waters. (64) Operate or act as an operator of a vessel fishing for or possessing any species of fish regulated by this part in or from the EEZ, or issued a permit pursuant to this part, without having been issued and possessing a valid operator's permit. (65) Possess in or harvest from the EEZ summer flounder, either in excess of the possession limit specified in §648.105, or before or after the time period specified in §648.102, unless the vessel was issued a summer flounder moratorium permit and the moratorium permit is on board the vessel and has not been surrendered, revoked, or suspended. (66) Possess nets or netting with mesh not meeting the minimum mesh requirement of §648.104 if the person possesses summer flounder harvested in or from the EEZ in excess of the threshold limit of §648.105(a). (67) Purchase or otherwise receive, except for transport, summer flounder from the owner or operator of a vessel issued a summer flounder moratorium permit, unless in possession of a valid summer flounder dealer permit. (68) Purchase or otherwise receive for commercial purposes summer flounder caught by other than a vessel with a summer flounder moratorium permit not subject to the possession limit of §648.105. (69) Purchase or otherwise receive for a commercial purpose summer flounder landed in a state after the effective date published in the (70) Fail to comply with any sea turtle conservation measure specified in §648.106, including any sea turtle conservation measure implemented by notification in the (71) Use any vessel of the United States for taking, catching, harvesting, fishing for, or landing any Atlantic salmon taken from or in the EEZ. (72) Transfer, directly or indirectly, or attempt to transfer to any vessel any Atlantic salmon taken in or from the EEZ. (73) Take, retain, possess, or land more mackerel, squid or butterfish than specified under a notification issued under §648.22. (74) [Reserved] (75) Transfer Loligo, Illex, or butterfish within the EEZ, unless the vessels participating in the transfer have been issued a valid Loligo and butterfish or Illex moratorium permit and are transferring the species for which the vessels are permitted or have a valid squid/butterfish incidental catch permit and a letter of authorization from the Regional Administrator. (76) Purchase, possess or receive for a commercial purpose, or attempt to purchase, possess, or receive for a commercial purpose, in the capacity of a dealer, except for transport on land, mackerel, squid, and butterfish taken from a fishing vessel unless issued, and in possession of a valid mackerel, squid, and butterfish fishery dealer permit. (77) Purchase or otherwise receive for a commercial purpose, mackerel, squid, and butterfish caught by other than a vessel issued a mackerel, squid, and butterfish permit, unless the vessel has not been issued a permit under this part and fishes exclusively within the waters under the jurisdiction of any state. (78) [Reserved] (79) Violate any other provision of this part, the Magnuson Act, or any regulation, notice, or permit issued under the Magnuson Act. (80) Possess scup in or harvested from the EEZ north of 35°15.3' N. lat. in an area closed, or before or after a season established pursuant to §648.122, or in excess of the possession limit established pursuant to §648.125. (81) To purchase or otherwise receive for a commercial purpose scup harvested from the EEZ north of 35°15.3' N. lat., or from a vessel issued a scup moratorium permit after the effective date of the notification published in the (82) Land scup harvested in or from the EEZ north of 35°15.3' N. lat. after the effective date of the notification published in the (83) Possess scup harvested in or from the EEZ north of 35°15.3' N. lat. that do not meet the minimum fish size specified in §648.124. (84) Fish for, catch, possess, or retain scup in or from the EEZ north of 35°15.3' N. lat. in excess of the amount specified in §648.123 (500 lb (226.8 kg) or more from November 1– April 30, or 100 lb (45.4 kg) or more from May 1–October 31), unless the vessel meets the gear restrictions in §648.123. (85) Fish for, catch, or retain scup in or from the EEZ north of 35°15.3' N. lat. for sale, barter, or trade, after January 1, 1997, unless the vessel has been issued a valid moratorium permit pursuant to §648.4(a)(6). (86) Sell or transfer scup harvested in or from the EEZ north of 35°15.3' N. lat. after January 1, 1997, unless the vessel has been issued a valid moratorium permit pursuant to §648.4(a)(6). (87) Fish for, catch, or retain scup in or from the EEZ north of 35°15.3' N. lat. on board a party or charter boat after January 1, 1997, unless the vessel has been issued a valid party or charter boat permit pursuant to §648.4(a)(6)(ii). (88) Fish with or possess scup pots or traps in the EEZ north of 35°15.3' N. lat. that have a rectangular escape vent, any side of which is less than 2.25 inches (5.7 cm) in length. (89) Fish for, catch, and retain, or land scup in or from the EEZ north of 35°15.3' N. lat. in excess of the landing limit established pursuant to §648.120(b)(3) and (b)(4). (90) Use, set, haul back, fish with, possess on board a vessel, unless stowed in accordance with §648.23(b), or fail to remove, sink gillnet gear and other gillnet gear capable of catching NE multispecies, with the exception of single pelagic gillnets (as described in §648.81(f)(2)(ii)), in the areas and for the times specified in §648.80(g)(6)(i) and (ii), except as provided in §§648.80(g)(6)(i) and (ii) and 648.81(f)(2)(ii), or unless otherwise authorized in writing by the Regional Administrator. (91) Possess in or harvest from the EEZ from 35°15.3' N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada border, black sea bass either in excess of the possession limit established pursuant to §648.145 or before or after the time period established pursuant to §648.142, unless the person is operating a vessel issued a moratorium permit under §648.4 and the moratorium permit is on board the vessel and has not been surrendered, revoked, or suspended; (92) Fish for, catch, possess, land, or retain black sea bass in or from the EEZ north of 35°15.3 N. lat. (the latitude of Cape Hatteras Light, NC, to the U.S.-Canadian border) in excess of the amount specified in §648.144(a)(1)(i) (i.e., 500 lb (226.8 kg) from January 1 through March 31, or 100 lb (45.4 kg) from April 1 through December 31), unless the vessel meets the gear restrictions of §648.144(a). (93) Purchase or otherwise receive for commercial purposes black sea bass caught in the EEZ from 35°15.3' N. lat., the latitude of Cape Hatteras Light, North Carolina, northward to the U.S.-Canada border, by other than a vessel with a moratorium permit not subject to the possession limit established pursuant to §648.145 unless the vessel has not been issued a permit under this part and is fishing exclusively within the waters under the jurisdiction of any state. (94) Possess or use rollers used in roller rig or rock hopper trawl gear that do not meet the minimum size requirement of §648.144 if the person possesses black sea bass harvested in or from the EEZ from 35°15.3' N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada border. (95) Possess or use pot and trap gear not meeting the requirements of §648.144 if the person possesses black sea bass harvested in or from the EEZ from 35°15.3' N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada border. (96) Purchase or otherwise receive for commercial purposes black sea bass landed for sale by a moratorium vessel in any state, or part thereof, north of 35°15.3' N. lat., after the effective date of the notification published in the (97) Fail to comply with any of the provisions specified in §648.56. (98) Fish, or be in the areas described in §648.81(j)(1), (k)(1), (l)(1), and (m)(1) on a fishing vessel with mobile gear during the time periods specified in §648.81(j)(2), (k)(2), (l)(2), and (m)(2), except as provided in §648.81(j)(2), (k)(2), (l)(2), and (m)(2). (99) Fish, or be in the areas described in §648.81(j)(1), (k)(1), and (l)(1) on a fishing vessel with lobster pot gear during the time periods specified in §648.81(j)(2), (k)(2), and (l)(2). (100) Deploy in or fail to remove lobster pot gear from the areas described in §648.81(j)(1), (k)(1), and (l)(1), during the time periods specified in §648.81(j)(2), (k)(2), and (l)(2). (101) Enter, fail to remove gear from, or be in the areas described in §648.81(g)(1) through (i)(1) during the time period specified, except as provided in §648.81(d), (g)(2), (h)(2), and (i)(2). (102) Enter or fish in the Gulf of Maine, Georges Bank, and Southern New England Regulated Mesh Areas, except as provided in §§648.80(a)(3)(vi) and (b)(2)(vi), and for purposes of transiting, provided that all gear (other than exempted gear) is stowed in accordance with §648.23(b). (103) Sell, barter, trade, or transfer, or attempt to sell, barter, trade, or transfer, other than solely for transport, any Atlantic herring, multispecies, or monkfish, unless the dealer or transferee has a valid dealer permit issued under §648.6. A person who purchases and/or receives Atlantic herring at sea for his own personal use as bait, and does not have purse seine, mid-water trawl, pelagic gillnet, sink gillnet, or bottom trawl gear on board, is exempt from the requirement to possess an Atlantic herring dealer permit. (104) Fish for, harvest, possess, or land regulated species in or from the closed areas specified in §648.81(a) through (f), unless otherwise specified in §648.81(c)(2)(iii), (f)(2)(i), (f)(2)(iii), or as authorized under §648.85. (105) Offload unshucked surf clams or ocean quahogs harvested in or from the EEZ outside the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages. (106) Offload unshucked surf clams harvested in or from the EEZ within the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages. (107) Offload unshucked ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone from vessels not capable of carrying cages, other than directly into cages, unless the vessel has been issued a Maine mahogany quahog permit under this part and is not fishing for an individual allocation of quahogs under §648.70. (108) Purchase, receive for a commercial purpose other than transport to a testing facility, or process, or attempt to purchase, receive for commercial purpose other than transport to a testing facility, or process, outside Maine, ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone, except at a facility participating in an overall food safety program, operated by the official state agency having jurisdiction, that utilizes food safety-based procedures including sampling and analyzing for PSP toxin consistent with procedures used by the State of Maine for such purpose. (109) Land or possess ocean quahogs harvested in or from the EEZ within the Maine mahogany quahog zone after the effective date published in the (110) Fish for sea scallops in, or possess or land sea scallops from, the areas specified in §§648.58 and 648.61. (111) Transit or be in the areas described in §§648.58 and 648.61 in possession of scallops, except when all fishing gear is unavailable for immediate use as defined in §648.23(b), unless there is a compelling safety reason to be in such areas. (112) Fish for, harvest, possess, or land in or from the EEZ, when fishing with trawl gear, any of the exempted species specified in §648.80(a)(9)(i), unless such species were fished for or harvested by a vessel meeting the requirements specified in §648.80(a)(5)(ii) or (a)(9)(ii). (113) Land ocean quahogs outside Maine that are harvested in or from the EEZ within the Maine mahogany quahog zone, except at a facility participating in an overall food safety program, operated by the official state agency having jurisdiction, that utilizes food safety-based procedures including sampling and analyzing for PSP toxin consistent with procedures used by the State of Maine for such purpose. (114) Fish for, possess, or land species regulated under this part with or from a vessel that is issued a limited access permit under §§648.4(a)(1)(i), 648.4(a)(2)(i), 648.4(a)(3)(i), 648.4(a)(4)(i), 648.4(a)(5)(i), 648.4(a)(6)(i), or §648.4(a)(7)(i), and that has had the horsepower of such vessel or its replacement upgraded or increased in excess of the limitations specified in §648.4(a)(1)(i)(E) and (F). (115) Fish for, possess, or land species regulated under this part with or from a vessel issued a limited access permit under §§648.4(a)(1)(i), 648.4(a)(2)(i), 648.4(a)(3)(i), 648.4(a)(4)(i), 648.4(a)(5)(i), 648.4(a)(6)(i), or §648.4(a)(7)(i), that has had the length, GRT, or NT of such vessel or its replacement upgraded or increased in excess of the limitations specified in §648.4(a)(1)(i)(E) and (F). (116) Fish for, harvest, possess, or land any species of fish in or from the GOM/GB Inshore Restricted Roller Gear Area described in §648.80(a)(3)(vii) with trawl gear where the diameter of any part of the trawl footrope, including discs, rollers or rockhoppers, is greater than 12 inches (30.5 cm). (117) Fish for, land, or possess NE multispecies harvested with brush-sweep trawl gear unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (118) Possess brush-sweep trawl gear while in possession of NE multispecies, unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (119) Purchase or otherwise receive, except for transport, spiny dogfish from any person on board a vessel issued a spiny dogfish permit, unless the purchaser/receiver is in possession of a valid spiny dogfish dealer permit. (120) Purchase or otherwise receive for a commercial purpose spiny dogfish landed by a federally permitted vessel in any state, from Maine to Florida, after the effective date of notification published in the (121) Enter, be on a fishing vessel in, or fail to remove gear from, the EEZ portion of the areas described in §648.81(n) during the time periods specified, except as provided in §648.81(d) and (n)(2). (122) Fish for, catch, possess, retain or land Loligo squid, silver hake, or black sea bass in or from the areas and during the time periods described in §648.122(a) or (b) while in possession of any trawl nets or netting that do not meet the minimum mesh restrictions or that are obstructed or constricted as specified in §§648.122 and 648.123(a), unless the nets or netting are stowed in accordance with §648.123(b). (123) Fish for, land, or possess NE multispecies harvested with the use of de-hookers (“crucifiers”) with less than 6-inch (15.2-cm) spacing between the fairlead rollers unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (124) Possess or use de-hookers (“crucifiers”) with less than 6-inch (15.2-cm) spacing between the fairlead rollers while in possession of NE multispecies, unless the vessel has not been issued a multispecies permit and fishes for NE multispecies exclusively in state waters. (125) For vessels issued a limited access NE multispecies permit, or those issued a limited access NE multispecies permit and a limited access monkfish permit (Category C, D, F, G, or H), but are not fishing under the limited access monkfish Category A or B provisions as allowed under §648.92(b)(2), call into the DAS program prior to 1 hour before leaving port. (126) Call in DAS in excess of that allocated, leased, or permanently transferred, in accordance with the restrictions and conditions of §648.82. (127) [Reserved] (128) Fish for, harvest, possess or land any regulated NE multispecies from the areas specified in §648.85(a)(1), unless in compliance with the restrictions and conditions specified in §648.85(a)(3). (129) Enter or fish in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in §648.85(a)(1), unless declared into the area in accordance with §648.85(a)(3)(ii). (130) If declared into one of the areas specified in §648.85(a)(1), fish during that same trip outside of the declared area, unless in compliance with the restrictions specified under §648.85(a)(3)(ii)(B). (131) If the vessel has been issued a limited access NE multispecies DAS permit, and is in the area specified in §648.85(a), fail to comply with the VMS requirements in §648.85(a)(3)(i). (132) If fishing with trawl gear under a NE multispecies DAS in the Eastern U.S./Canada Area defined in §648.85(a)(1)(ii), fail to fish with a haddock separator trawl or a flounder trawl net, as specified in §648.85(a)(3)(iii). (133) If fishing under a NE multispecies DAS in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in §648.85(a)(1), exceed the trip limits specified in §648.85(a)(3)(iv), unless further restricted under §648.85(b). (134) If fishing under a NE multispecies DAS, enter or fish in the Eastern U.S./Canada Area specified in §648.85(a)(1), if the area is closed under the authority of the Regional Administrator as described in §648.85(a)(3)(iv)(D) or (E), unless fishing in the Closed Area II Yellowtail Flounder SAP specified in §648.85(b)(3) or the Eastern U.S./Canada Haddock SAP Pilot Program specified in §648.85(b)(8). (135) If fishing under a NE multispecies DAS in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in §648.85(a)(1), fail to report landings in accordance with §648.85(a)(3)(v). (136) If fishing under the Closed Area II Yellowtail Flounder SAP, fish for, harvest, possess or land any regulated NE multispecies from the area specified in §648.85(b)(3)(ii), unless in compliance with the restrictions and conditions specified in §§648.85(b)(3)(i) through (xi). (137) Enter or fish in Closed Area II as specified in §648.81(b), unless declared into the area in accordance with §648.85(b)(3)(v). (138) Enter or fish in Closed Area II under the Closed Area II Yellowtail Flounder SAP outside of the season specified in §648.85(b)(3)(iii). (139) If fishing in the Closed Area II Yellowtail Flounder SAP specified in §648.85(b)(3), exceed the number of trips specified under §648.85(b)(3)(vi) or (vii). (140) If fishing in the Closed Area II Yellowtail Flounder SAP specified in §648.85(b)(3), exceed the trip limits specified in §648.85(b)(3)(viii). (141) If declared into the areas specified in §648.85(b), enter or exit the declared areas more than once per trip. (142) If the vessel has been issued a limited access NE multispecies DAS permit and is in the area specified in §648.85(b)(8)(ii), fail to comply with the VMS requirements in §648.85(b)(8)(v)(B). (143) If fishing under a NE multispecies DAS, fish in the Eastern U.S./Canada Haddock SAP Pilot Program specified in §648.85(b)(8), unless declared into the program in accordance with §648.85(b)(8)(v)(D). (144) Enter or fish in the Eastern U.S./Canada Haddock SAP Pilot Program outside of the season specified in §648.85(b)(8)(iv). (145) If fishing under a NE multispecies DAS in the Eastern U.S./Canada Haddock SAP Pilot Program, exceed the possession limits specified in §648.85(b)(8)(v)(H). (146) If fishing under the Eastern U.S./Canada Haddock SAP Pilot Program, fish for, harvest, possess or land any regulated NE multispecies from the area specified in §648.85(b)(8)(ii), unless in compliance with the restrictions and conditions specified in §648.85(b)(8)(v)(A) through (G). (147) If fishing under a NE multispecies DAS in the Eastern U.S./Canada Area specified in §648.85(a)(1), both outside and inside of the areas specified for a SAP under §648.85(b)(3) and (8), fail to abide by the DAS and possession restrictions under §648.85(b)(8)(v)(A)(2) through (4). (148) If fishing under a NE multispecies DAS in the Eastern U.S./Canada Haddock SAP Pilot Program specified in §648.85(b)(8), in the area specified in §648.85(b)(8)(ii), during the season specified in §648.85(b)(8)(iv), fail to comply with the restrictions specified in §648.85(b)(8)(v). (149) If fishing under a NE multispecies DAS in the Eastern U.S./Canada Area specified in §648.85(a)(1)(ii), and not in a SAP specified in §648.85(b) on the same trip, fail to comply with the requirements specified in §648.85(a)(3). (150) If fishing under a NE multispecies DAS in the Eastern U.S./Canada Area specified in §648.85(a)(1)(ii), and in one of the SAPs specified in §648.85(b)(3) or (8), fail to comply with the no discard and DAS flip provisions specified in §648.85(b)(8)(v)(I) or the minimum Category A DAS requirement specified in §648.85(b)(8)(v)(J). (151) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Program specified in §648.85(b)(8), fail to comply with the reporting requirements specified in §648.85(b)(8)(v)(G). (152) If fishing under the Eastern U.S./Canada Haddock SAP Pilot Program specified in §648.85(b)(8), fail to comply with the observer notification requirements specified in §648.85(b)(8)(v)(C). (153) If fishing under the SNE/MA Winter Flounder SAP, described in §648.85(b)(6), fail to comply with the restrictions and conditions under §648.85(b)(6)(i) through (iv). (154) If fishing under an approved Sector, as authorized under §648.87, fail to abide by the restrictions specified in §648.87(b)(1). (155) If fishing under an approved Sector, as authorized under §648.87, fail to remain in the sector for the remainder of the fishing year as required under §648.87(b)(1). (156) If fishing under the Georges Bank (GB) Cod Hook Sector, as authorized under §648.87, fish in the NE multispecies DAS program in a given fishing year, unless authorized by an approved Sector Operations Plan, or if fishing under a NE multispecies DAS, fish under the GB Cod Hook Sector in a given fishing year, unless as otherwise provided under §648.87(b)(1)(xii). (157) If a vessel has agreed to participate in a Sector, fail to remain in the Sector for the entire fishing year, as required under §648.87(b)(1)(xi). (158) If a vessel is removed from a Sector for violation of the Sector rules, fish under the NE Multispecies regulations for non-Sector vessels. (159) If fishing under the GB Cod Hook Sector, fish with gear other than jigs, demersal longline, or handgear. (160) Land or possess on board a vessel, more than the possession or landing limits specified in §648.88(a)(1), if fishing under an open access Handgear permit. (161) Possess on board gear other than that specified under §648.88(a)(2)(i), or fish with hooks greater than the number specified under §648.88(a)(2)(iii), if fishing under an open access Handgear permit. (162) Fish for, possess, or land regulated multispecies from March 1 to March 20, if issued an open access Handgear permit. (163) Sell or transfer to another person for a commercial purpose, other than solely for transport, any NE multispecies harvested from the EEZ by a vessel issued a Federal NE multispecies permit, unless the transferee has a valid NE multispecies dealer permit. (164) Sell or transfer to another person for a commercial purpose, other than solely for transport, any Atlantic sea scallops harvested from the EEZ by a vessel issued a Federal Atlantic sea scallop permit, unless the transferee has a valid Atlantic sea scallop dealer permit. (165) If a vessel is fishing under a Category B DAS in the Closed Area II Yellowtail Flounder SAP specified in §648.85(b)(3), the Regular B DAS Pilot Program specified in §648.85(b)(6), or the Eastern U.S./Canada Haddock SAP Pilot Program specified in §648.85(b)(8), remove any fish caught with any gear, including dumping the contents of a net, except on board the vessel. (166) Sell, purchase, receive, trade, barter, or transfer haddock or other regulated multispecies, or attempt to sell, purchase, receive, trade, barter, or transfer haddock or other regulated multispecies (cod, witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder, redfish, and white hake) for, or intended for, human consumption landed by a Category 1 herring vessel as defined in §648.2. (167) Fail to comply with requirements for herring processors/dealers that handle individual fish to separate out and retain all haddock offloaded from a Category 1 herring vessel, and to retain such catch for at least 12 hr, with the vessel that landed the haddock clearly identified by name. (168) Sell, purchase, receive, trade, barter, or transfer, or attempt to sell, purchase, receive, trade, barter, or transfer to another person any haddock or other regulated multispecies (cod, witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder, redfish, and white hake) separated out from a herring catch offloaded from a Category 1 herring vessel as defined in §648.2. (169) While operating an at-sea herring processor, fail to comply with requirements for herring processors/dealers that handle individual fish to separate out and retain all haddock offloaded from a Category 1 herring vessel, and to retain such catch for at least 12 hr after landing, with the vessel that offloaded the haddock clearly identified by name. (170) Fish for, harvest, catch, possess or attempt to fish for, harvest, catch, or possess any bivalve shellfish, including Atlantic surfclams, ocean quahogs, and mussels with the exception of sea scallops harvested only for adductor muscles and shucked at sea, or a vessel issued and possessing on board a Letter of Authorization (LOA) from the Regional Administrator authorizing the collection of shellfish for biological sampling and operating under the terms and conditions of said LOA, in the are of the U.S. Exclusive Economic Zone bound by the following coordinates in the order stated: (1) 43° 00' N. lat., 71° 00' W. long.,; (2) 43° 00' N. lat., 69° 00' W. long.; (3) 41° 39' N. lat., 69° 00' W. long; (4) 41° 39' N. lat., 71° 00' W. long., and then ending at the first point. (171) Fish for, harvest, catch, possess, or attempt to fish for, harvest, catch, or possess any sea scallops except for sea scallops harvested only for adductor muscles and shucked at sea, or a vessel issued and possessing on board a Letter of Authorization (LOA) from the Regional Administrator authorizing collection of shellfish for biological sampling and operating under the terms and conditions of said LOA, in the area of the U.S. Exclusive Economic Zone bound by the following coordinates in the order stated: (1) 41° 39' N. lat., 71° 00' W. long.; (2) 41° 39' N. lat., 69° 00' W. long.; (3) 40° 00' N. lat., 69° 00' W. long.; (4) 40° 00' N. lat., 71° 00' W. long., and then ending at the first point. (172) If, upon the end of a fishing trip as specified under §648.10(b)(2)(iii) or (c)(3), fail to offload regulated species subject to a landing limit based on a DAS fished under §648.85 or §648.86, as required by §648.86(i). (173) If, upon the end of a fishing trip as specified under §648.10(b)(2)(vi) or (c)(3), fail to offload regulated species subject to a landing limit based on a DAS fished under §648.85 or §648.86, as required by §648.86(i). (174) Fail to comply with the reporting requirements under §648.85(a)(3)(viii)(A)(2) when fishing inside and outside of the Eastern U.S./Canada Area on a trip. (175) Fail to notify NMFS via VMS prior to departing the Eastern U.S./Canada Area, when fishing inside and outside of the area on the same trip, in accordance with §648.85(a)(3)(viii)(A)(1). (176) When fishing inside and outside of the Eastern U.S./Canada Area, fail to abide by the most restrictive regulations that apply as described in §648.85(a)(3)(viii)(A). (177) If fishing inside the Eastern U.S./Canada Area and in possession of fish in excess of what is allowed under more restrictive regulations that apply outside of the Eastern U.S./Canada Area, fish within the CC/GOM or SNE/MA Yellowtail Flounder Areas on the same trip, as prohibited under §648.85(a)(3)(viii)(A). (178) Discard legal-sized yellowtail flounder prior to declaring the intent to fish inside and outside of the Eastern U.S./Canada Area on the same trip, in accordance with §648.85(a)(3)(viii)(A). (b) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any owner or operator of a vessel holding a valid multispecies permit, or any person issued an operator's permit or issued a letter under §648.4(a)(1)(i)(M)(3), to do any of the following: (1) Land, or possess on board a vessel, more than the possession or landing limits specified in §648.86 (a), (b), (c), (d), (g), and (h), or to violate any of the other provisions of §648.86, unless otherwise specified in §648.17. (2) [Reserved] (3) While fishing in the areas specified in §648.86(g)(1)(i) or (g)(2)(i), with a NE multispecies Handgear A permit, or under the NE multispecies DAS program, or under the limited access monkfish Category C or D permit provisions, possess yellowtail flounder in excess of the limits specified under §648.86(g)(1)(ii) or (g)(2)(ii), respectively, unless fishing under the recreational or charter/party regulations, or transiting in accordance with §648.23(b). (4) If fishing in the areas specified in §648.86(g)(1)(i) or (g)(2)(i), with a NE multispecies Handgear A permit, or under the NE multispecies DAS program, or under the limited access monkfish Category C or D permit provisions, fail to comply with the requirements specified in §648.81(g)(1)(ii) or (g)(2)(ii), respectively. (c) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraphs (a) and (b) of this section, it is unlawful for any owner or operator of a vessel issued a valid limited access multispecies permit or a letter under §648.4(a)(1)(i)(M)(3), unless otherwise specified in §648.17, to do any of the following: (1) Fish for, possess at any time during a trip, or land per trip more than the possession limit of NE multispecies specified in §648.86(d) after using up the vessel's annual DAS allocation or when not participating in the DAS program pursuant to §648.82, unless otherwise exempted under §648.82(b)(5) or §648.89. (2) For purposes of DAS notification, if required or electing to have a VMS unit under §648.10: (i) Fail to have a certified, operational, and functioning VMS unit that meets the specifications of §648.9 on board the vessel at all times. (ii) Fail to comply with the notification, replacement, or any other requirements regarding VMS usage as specified in §648.10(b). (3) Combine, transfer, or consolidate DAS allocations, except as provided for under the DAS Leasing Program or the DAS Transfer Program, as specified under §648.82(k) and (l), respectively. (4) Fish for, possess, or land NE multispecies with or from a vessel that has had the horsepower of such vessel or its replacement upgraded or increased in excess of the limitations specified in §648.4(a)(1)(i) (E) and (F). (5) Fish for, possess, or land NE multispecies with or from a vessel that has had the length, GRT, or NT of such vessel or its replacement increased or upgraded in excess of limitations specified in §648.4(a)(1)(i) (E) and (F). (6) Fail to comply with any provision of the DAS notification program as specified in §648.10. (7) Possess or land per trip more than the possession or landing limits specified under §648.86(a), (b), (c), (d), (g), and (h), and under §648.82(b)(5) or (6), if the vessel has been issued a limited access NE multispecies permit. (8) Fail to comply with the restrictions on fishing and gear specified in §648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and (c)(2)(iv) if the vessel has been issued a limited access NE multispecies permit and fishes with hook-gear in areas specified in §648.80(a), (b), or (c), unless allowed under §648.85(b)(7)(iv)(F). (9) Fail to declare, and be, out of the NE multispecies DAS program as required by §648.82(g), using the procedure described under §648.82(h), as applicable. (10) Enter, fail to remove sink gillnet gear or gillnet gear capable of catching NE multispecies from, or be in the areas, and for the times, described in §648.80(g)(6)(i) and (ii), except as provided in §§648.80(g)(6)(i) and 648.81(i). (11) If the vessel has been issued a limited access NE multispecies permit and fishes under a NE multispecies DAS, fail to comply with gillnet requirements and restrictions specified in §648.82(j). (12) If the vessel has been issued a limited access Day gillnet category designation, fail to comply with the restriction and requirements specified in §648.82(j)(1). (13) If the vessel has been issued a limited access Trip gillnet category designation, fail to comply with the restrictions and requirements specified in §648.82(j)(2). (14) If the vessel has been issued a limited access NE multispecies permit and fishes under a NE multispecies DAS with gillnet gear, fail to comply with gillnet tagging requirements specified in §§648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C), (a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and (c)(2)(v)(B)(3), or fail to produce, or cause to be produced, gillnet tags when requested by an authorized officer. (15) Produce, or cause to be produced, gillnet tags under §648.80(a)(3)(iv)(C), without the written confirmation from the Regional Administrator described in §648.80(a)(3)(iv)(C). (16) Tag a gillnet or use a gillnet tag that has been reported lost, missing, destroyed, or issued to another vessel. (17) Sell, transfer, or give away gillnet tags that have been reported lost, missing, destroyed, or issued to another vessel. (18) [Reserved] (19) Fail to comply with the exemption specifications as described in §648.86(b)(4). (20) [Reserved] (21) Fail to declare, and be, out of the non-exempt gillnet fishery as required by §648.82(j)(1)(ii), using the procedure specified in §648.82(h). (22) Fail to comply with the exemption specifications as described in §648.17. (23) [Reserved] (24) Enter port, while on a NE multispecies DAS trip, in possession of more than the allowable limit of cod specified in §648.86(b)(1)(i), unless the vessel is fishing under the cod exemption specified in §648.86(b)(4). (25) Fail to remain in port for the appropriate time specified in §648.86(b)(1)(ii)(A), except for transiting purposes, provided the vessel complies with §648.86(b)(3). (26) Enter port, while on a NE multispecies DAS trip, in possession of more than the allowable limit of cod specified in §648.86(b)(2)(ii) or (iii). (27) Possess or land per trip more than the possession or landing limit specified under §648.86(c). (28) Participate in the DAS program pursuant to §648.82 when carrying passengers for hire on board the vessel during any portion of a fishing trip. (29) Enter, be on a fishing vessel in, or fail to remove gear from the areas described in §648.81(d)(1), (e)(1), (f)(1), and (g)(1) during the time periods specified, except as provided in §648.81(d)(2), (e)(2), (f)(2), (g)(2), and (i). (30) If fishing with bottom tending mobile gear, fish in, enter, be on a fishing vessel in, the Essential Fish Habitat (EFH) Closure Areas described in §648.81(h)(1)(i) through (vi). (31) If the vessel has been issued a Charter/party permit or is fishing under charter/party regulations, fail to comply with the requirements specified in §648.81(f)(2)(iii) when fishing in the areas described in §648.81(d)(1) through (f)(1) during the time periods specified in those sections. (32) [Reserved] (33) Fail to remain in port for the appropriate time specified in §648.86(b)(2)(iii)(A), except for transiting purposes, provided the vessel complies with §648.86(b)(3). (34) Lease NE multispecies DAS or use leased DAS that have not been approved for leasing by the Regional Administrator as specified in §648.82(k). (35) Provide false information on the application for NE multispecies DAS leasing, as required under §648.82(k)(3). (36) Act as lessor or lessee of a NE multispecies Category B DAS, or Category C DAS. (37) Act as lessor or lessee of NE multispecies DAS, if the vessels are not in accordance with the size restrictions specified in §648.82(k)(4)(ix). (38) Sub-lease NE multispecies DAS. (39) Lease more than the maximum number of DAS allowable under §648.82(k)(4)(iv). (40) Lease NE multispecies DAS to a vessel that does not have a valid limited access multispecies permit. (41) Lease NE multispecies DAS associated with a Confirmation of Permit History. (42) Lease NE multispecies DAS if the number of unused allocated DAS is less than the number of DAS requested to be leased. (43) Lease NE multispecies DAS in excess of the duration specified in §648.82(k)(4)(viii). (44) Transfer NE multispecies DAS or use transferred DAS that have not been approved for transfer by the Regional Administrator as specified under §648.82(l). (45) Provide false information on the application for NE multispecies DAS Transfer, as required under §648.82(l)(2). (46) Permanently transfer only a portion of a vessels total allocation of DAS. (47) Permanently transfer NE multispecies DAS between vessels, if such vessels are not in accordance with the size restrictions specified in §648.82(l)(1)(ii). (48) If permanently transferring NE multispecies DAS to another vessel, fail to forfeit all state and Federal fishing permits, or fish in any state or Federal commercial fishery indefinitely. (49) If fishing under the cod trip limit specified in §648.86(b)(2)(ii), fail to obtain an annual declaration, or fish north of the exemption line specified in §648.86(b)(4). (50) Discard legal-sized regulated multispecies while fishing under a Regular B DAS in the Regular B DAS Pilot Program, as described in §648.85(b)(6). (51) If fishing under a Regular B DAS in the Regular B DAS Pilot Program, fail to comply with the DAS flip requirements of §648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more than the landing limit for a groundfish stock of concern specified in §648.85(b)(6)(iv)(D). (52) If fishing in the Regular B DAS Pilot Program, fail to comply with the restriction on DAS use as specified in §648.82(d)(2)(i)(A). (53) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area, and other portions of the Eastern U.S./Canada Area on the same trip, fail to comply with the restrictions in §648.85(b)(8)(v)(A). (54) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area, discard legal-sized cod while fishing under a Category B DAS, as described in §648.85(b)(8)(v)(I). (55) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area under a Category B DAS, fail to comply with the DAS flip requirements of §648.85(b)(8)(v)(I), if the vessel possesses more than the landing limit for cod specified in §648.85(b)(8)(v)(F). (56) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area under a Category B DAS, fail to have the minimum number of Category A DAS available as required under §648.85(b)(8)(v)(J). (57) If fishing in the Regular B DAS Pilot Program specified in §648.85(b)(6), fail to comply with the requirements and restrictions specified in §648.85(b)(6)(iv)(A) through (F), and (I). (58) If fishing in the Regular B DAS Pilot Program specified in §648.85(b)(6), fail to comply with the VMS requirement specified in §648.85(b)(6)(iv)(A). (59) If fishing in the Regular B DAS Pilot Program specified in §648.85(b)(6), fail to comply with the observer notification requirement specified in §648.85(b)(6)(iv)(B). (60) If fishing in the Regular B DAS Pilot Program specified in §648.85(b)(6), fail to comply with the VMS declaration requirement specified in §648.85(b)(6)(iv)(C). (61) If fishing in the Regular B DAS Pilot Program specified in §648.85(b)(6), fail to comply with the landing limits specified in §648.85(b)(6)(iv)(D). (62) If fishing in the Regular B DAS Pilot Program specified in §648.85(b)(6), fail to comply with the no discard and DAS flip requirements specified in §648.85(b)(6)(iv)(E). (63) If fishing in the Regular B DAS Pilot Program specified in §648.85(b)(6), fail to comply with the minimum Category A DAS and Category B DAS accrual requirements specified in §648.85(b)(6)(iv)(F). (64) Use a Regular B DAS in the Regular B DAS Pilot Program specified in §648.85(b)(6), if the program has been closed as specified in §648.85(b)(6)(iv)(H) or (b)(6)(vi). (65) If fishing in the Regular B DAS Pilot Program specified in §648.85(b)(6), use a Regular B DAS in a stock area that has been closed, as specified in §648.85(b)(6)(iv)(G). (66) If fishing in the Regular B DAS Pilot Program specified in §648.85(b)(6), fail to comply with the reporting requirements specified in §648.85(b)(6)(iv)(I). (67) If fishing in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), fail to comply with the requirements and conditions specified in §648.85(b)(7)(iv), and (b)(7)(v) or (b)(7)(vi), whichever is applicable. (68) If fishing in the CA I Hook Gear Haddock Access Area specified in §648.85(b)(7)(ii), fail to comply with the requirements and conditions specified in §648.85(b)(7)(iv), and (b)(7)(v) or (b)(7)(vi), whichever is applicable. (69) Fish in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), outside of the season specified in §648.85(b)(7)(iii). (70) If fishing in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), fail to comply with the DAS use restrictions specified in §648.85(b)(7)(iv)(A), and (b)(7)(v)(A) or (b)(7)(vi)(A), whichever is applicable. (71) If fishing in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), fail to comply with the VMS requirements specified in §648.85(b)(7)(iv)(B). (72) If fishing in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), fail to comply with the observer notification requirements specified in §648.85(b)(7)(iv)(C). (73) If fishing in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), fail to comply with the VMS declaration requirement specified in §648.85(b)(7)(iv)(D). (74) If fishing in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), fail to comply with the gear restrictions specified in §648.85(b)(7)(iv)(E), and (b)(7)(v)(B) or (b)(7)(vi)(B), whichever is applicable. (75) If fishing in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), fail to comply with the landing limits specified in §648.85(b)(7)(iv)(H), and (b)(7)(v)(C) or (b)(7)(vi)(C), whichever is applicable. (76) If fishing in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), fail to comply with the reporting requirement specified in §648.85(b)(7)(v)(D) or (b)(7)(vi)(D), whichever is applicable. (77) Fish in the CA I Hook Gear Haddock Access Area specified in §648.85(b)(7)(ii), if that area is closed as specified in §648.85(b)(7)(iv)(I) or (b)(7)(vi)(F). (78) Fish in the U.S./Canada Haddock SAP Pilot Program specified in §648.85(b)(8), if the SAP Pilot Program is closed as specified in §648.85(b)(8)(v)(K) or (L). (79) If fishing in the Closed Area II Yellowtail Flounder SAP specified in §48.85(b)(3), fail to comply with the no discard and DAS flip provision specified under §648.85(b)(3)(xi). (80) Provide false information on the application to downgrade the DAS Leasing Program baseline, as required under §648.82(k)(4)(xi). (81) Fail to comply with the exemption specifications as described in §648.86(i)(4). (82) Fail to declare, and be, out of the non-exempt gillnet fishery as required by §648.82(s)(1)(ii), using the procedure specified in §648.82(q). (83) Enter port, while on a NE multispecies DAS trip, in possession of more than the allowable limit of cod specified in §648.86(i)(1)(i), unless the vessel is fishing under the cod exemption specified in §648.86(i)(4). (84) Fail to remain in port for the appropriate time specified in §648.86(i)(1)(ii)(A), except for transiting purposes, provided the vessel complies with §648.86(i)(3). (85) Enter port, while on a NE multispecies DAS trip, in possession of more than the allowable limit of cod specified in §648.86(i)(2)(ii) or (iii). (86) Fail to remain in port for the appropriate time specified in §648.86(i)(2)(iii)(A), except for transiting purposes, provided the vessel complies with §648.86(i)(3). (87) Lease NE multispecies DAS or use leased DAS that have not been approved for leasing by the Regional Administrator as specified in §648.82(t). (88) Provide false information on the application for NE multispecies DAS leasing, as required under §648.82(t)(3). (89) Act as lessor or lessee of NE multispecies DAS, if the vessels are not in accordance with the size restrictions specified in §648.82(t)(4)(ix). (90) Lease more than the maximum number of DAS allowable under §648.82(t)(4)(iv). (91) Lease NE multispecies DAS in excess of the duration specified in §648.82(t)(4)(viii). (92) If fishing under the cod trip limit specified in §648.86(i)(2)(ii), fail to obtain an annual declaration, or fish north of the exemption line specified in §648.86(i)(4). (93) Discard legal-sized regulated multispecies while fishing under a Regular B DAS in the Regular B DAS Pilot Program, as described in §648.85(b)(10). (94) If fishing under a Regular B DAS in the Regular B DAS Pilot Program, fail to comply with the DAS flip requirements of §648.85(b)(10)(iv)(E) if the vessel harvests and brings on board more than the landing limit for a groundfish stock of concern specified in §648.85(b)(10)(iv)(D). (95) If fishing in the Regular B DAS Pilot Program, fail to comply with the restriction on DAS use as specified in §648.82(v)(2)(i)(A). (96) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area, discard legal-sized cod, GB winter flounder, or GB yellowtail flounder while fishing under a Category B DAS, as described in §648.85(b)(8)(vii)(F). (97) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area under a Category B DAS, fail to comply with the DAS flip requirements of §648.85(b)(8)(viii)(I), if the vessel possesses more than the landing limit for cod, GB winter flounder, or GB yellowtail flounder specified in §648.85(b)(8)(vii)(F). (98) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area under a Category B DAS, fail to have the minimum number of Category A DAS available as required under §648.85(b)(8)(viii)(J). (99) If fishing in the Regular B DAS Program specified in §648.85(b)(10), fail to comply with the requirements and restrictions specified in §648.85(b)(10)(iv)(A) through (F), and (I). (100) If fishing in the Regular B DAS Program specified in §648.85(b)(10), fail to comply with the VMS requirement specified in §648.85(b)(10)(iv)(A). (101) If fishing in the Regular B DAS Program specified in §648.85(b)(10), fail to comply with the observer notification requirement specified in §648.85(b)(10)(iv)(B). (102) If fishing in the Regular B DAS Program specified in §648.85(b)(10), fail to comply with the VMS declaration requirement specified in §648.85(b)(10)(iv)(C). (103) If fishing in the Regular B DAS Program specified in §648.85(b)(10), fail to comply with the landing limits specified in §648.85(b)(10)(iv)(D). (104) If fishing in the Regular B DAS Program specified in §648.85(b)(10), fail to comply with the no discard and DAS flip requirements specified in §648.85(b)(10)(iv)(E). (105) If fishing in the Regular B DAS Program specified in §648.85(b)(10), fail to comply with the minimum Category A DAS and Category B DAS accrual requirements specified in §648.85(b)(10)(iv)(F). (106) Use a Regular B DAS in the Regular B DAS Program specified in §648.85(b)(10), if the program has been closed as specified in §648.85(b)(10)(iv)(H) or (b)(10)(vi). (107) If fishing in the Regular B DAS Program specified in §648.85(b)(10), use a Regular B DAS in a stock area that has been closed, as specified in §648.85(b)(10)(iv)(G). (108) If fishing in the Regular B DAS Program specified in §648.85(b)(10), fail to comply with the reporting requirements specified in §648.85(b)(10)(iv)(I). (109) If fishing in the Regular B DAS Program specified in §648.85(b)(10), use a Regular B DAS outside the U.S./Canada Management Area specified under §648.85(a)(1), or after the program has closed, as required under §648.85(10)(iv)(G) or (H). (110) If fishing in the Regular B DAS Program specified in §648.85(b)(10), fail to use a haddock separator trawl as required by §648.85(b)(10)(iv)(J) and described under §648.85(a)(3)(iii)(A). (111) Use a Regular B DAS and a monkfish DAS on the same trip, if issued a limited access Category C, D, or F monkfish permit and fishing in the Regular B DAS Program specified in §648.85(b)(10). (112) If issued a limited access monkfish Category C, D, or F permit and fishing in the Regular B DAS Program specified in §648.85(b)(10), possess more than the incidental catch amounts of monkfish, as specified at §648.94(b)(7). (113) If fishing in the Regular B DAS Program specified in §648.85(b)(10), discard legal-sized monkfish. (114) If fishing in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7), fail to comply with the DAS use restrictions specified in §648.85(b)(7)(iv)(J), and (b)(7)(v)(F) or (b)(7)(vi)(G), whichever is applicable. (115) Fish in the U.S./Canada Haddock SAP Pilot Program specified in §648.85(b)(8), if the SAP Pilot Program is closed as specified in §648.85(b)(8)(viii)(K) or (L). (116) Provide false information on the application to downgrade the DAS Leasing Program baseline, as required under §648.82(t)(4)(xi). (d) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraphs (a), (b), and (c) of this section, it is unlawful for any person owning or operating a vessel issued an open access multispecies handgear permit to do any of the following, unless otherwise specified in §648.17: (1) Possess, at any time during a trip, or land per trip, more than the possession limit of NE multispecies specified in §648.88(a), unless the vessel is a charter or party vessel fishing under the charter/party restrictions specified in §648.89. (2) Use or possess on board, gear capable of harvesting NE multispecies, other than rod and reel, or handline gear, or tub-trawls, while in possession of, or fishing for, NE multispecies. (3) Possess or land NE multispecies during the time period specified in §648.88(a)(2). (4) Violate any provision of the open access handgear permit restrictions as provided in §648.88(a). (e) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraphs (a) through (d) of this section, it is unlawful for any person owning or operating a vessel issued a scallop multispecies possession limit permit to possess or land more than the possession limit of NE multispecies specified in §648.88(c), or to possess or land regulated species when not fishing under a scallop DAS, unless otherwise specified in §648.17. (f) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person owning or operating a vessel issued a limited access scallop permit or a general scallop permit under §648.4(a)(2) to land, or possess at or after landing, in-shell scallops smaller than the minimum shell height specified in §648.50(a). (g) In addition to the general prohibitions specified in §600.725 of this chapter and the prohibitions specified in paragraphs (a) through (f) of this section, it is unlawful for the owner or operator of a charter or party boat issued a multispecies permit, or of a recreational vessel, as applicable, unless otherwise specified in §648.17, to: (1) Fish with gear in violation of the restrictions specified in §648.89(a). (2) Possess cod, haddock, and Atlantic halibut in excess of the possession limits specified in §648.89(c). (3) Sell, trade, barter, or otherwise transfer, or attempt to sell, trade, barter or otherwise transfer, NE multispecies for a commercial purpose as specified in §648.89(d). (4) If the vessel is a private recreational fishing vessel, fail to comply with the seasonal cod closure described in §648.89(c)(1)(v) or, if the vessel has been issued a charter/party permit or is fishing under charter/party regulations, fail to comply with the prohibition on fishing described under §648.89(c)(2)(vi). (h) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraphs (a) and (g) of this section, it is unlawful for any person owning or operating a vessel issued a limited access scallop permit under §648.4(a)(2) to do any of the following: (1) Possess, or land per trip, more than 400 lb (181.44 kg) of shucked, or 50 bu (17.62 hl) of in-shell scallops after using up the vessel's annual DAS allocation or when not participating under the DAS program pursuant to §648.10, unless exempted from DAS allocations as provided in §648.54. (2) Land scallops on more than one trip per calendar day after using up the vessel's annual DAS allocation or when not participating under the DAS program pursuant to §648.10, unless exempted from DAS allocations as provided in §648.54. (3) Fail to have an approved, operational, and functioning VMS unit that meets the specifications of §648.9 on board the vessel at all times, unless the vessel is not subject to the VMS requirements specified in §648.10. (4) If the vessel is not subject to VMS requirements specified in §648.10(b), fail to comply with the requirements of the call-in system specified in §648.10(c). (5) Combine, transfer, or consolidate DAS allocations, except as allowed for one-for-one Access Area trip exchanges as specified in §648.60(a)(3)(ii). (6) Have an ownership interest in more than 5 percent of the total number of vessels issued limited access scallop permits, except as provided in §648.4(a)(2)(i)(M). (7) Fish for, possess, or land scallops with or from a vessel that has had the horsepower of such vessel or its replacement upgraded or increased in excess of the limitations specified in §648.4(a)(2)(i) (E) or (F). (8) Fish for, possess, or land scallops with or from a vessel that has had the length, GRT, or NT of such vessel or its replacement increased or upgraded in excess of limitations specified in §648.4(a)(2)(i) (E) or (F). (9) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 l) of in-shell scallops, or participate in the DAS allocation program, while in the possession of trawl nets that have a maximum sweep exceeding 144 ft (43.9 m), as measured by the total length of the footrope that is directly attached to the webbing of the net, except as specified in §648.51(a)(1). (10) Fish under the DAS allocation program with, or have available for immediate use, trawl nets of mesh smaller than the minimum size specified in §648.51(a)(2). (11) Fish under the DAS allocation program with trawl nets that use chafing gear or other means or devices that do not meet the requirements of §648.51(a)(3). (12) Possess or use dredge gear that does not comply with the provisions and specifications in §648.51(b). (13) Participate in the DAS allocation program with more persons on board the vessel than the number specified in §648.51(c), including the operator, when the vessel is not docked or moored in port, unless otherwise authorized by the Regional Administrator, or unless participating in the Area Access Program pursuant to the requirements specified in §648.60. (14) Fish under the small dredge program specified in §648.51(e), with, or while in possession of, a dredge that exceeds 10.5 ft (3.2 m) in overall width, as measured at the widest point in the bail of the dredge. (15) Fish under the small dredge program specified in §648.51(e) with more than five persons on board the vessel, including the operator, unless otherwise authorized by the Regional Administrator or unless participating in the Area Access Program pursuant to the requirements specified in §648.60. (16) Have a shucking or sorting machine on board a vessel that shucks scallops at sea while fishing under the DAS allocation program, unless otherwise authorized by the Regional Administrator. (17) Fail to comply with the notification requirements specified in §648.10(b)(4) or refuse or fail to carry an observer after being requested to carry an observer by the Regional Administrator or Regional Administrator's designee. (18) Fail to provide an observer with required food, accommodations, access, and assistance, as specified in §648.11. (19) Fail to comply with any requirement for declaring in and out of the DAS allocation program or other notification requirements specified in §648.10. (20) Fail to comply with any requirement for participating in the DAS Exemption Program specified in §648.54. (21) Fish with, possess on board, or land scallops while in possession of trawl nets, when fishing for scallops under the DAS allocation program, unless exempted as provided for in §648.51(f). (22) Fail to comply with the restriction on twine top described in §648.51(b)(4)(iv). (23) Fail to comply with any of the provisions and specifications of §648.60. (24) Possess or land more than 50 bu (17.62 hL) of in-shell scallops, as specified in §648.52(d), once inside the VMS Demarcation Line by a vessel that, at any time during the trip, fished in or transited any area south of 42°20' N. Lat; or fished in any Sea Scallop Area Access Program specified in §648.60, except as provided in §648.54. (25) Declare and initiate a trip into or fish in the areas specified in §648.59(b) through (d) after the effective date of the notice in the (26) Retain yellowtail flounder in the areas specified in §648.59(b) through (d) after the effective date of the notice in the (i) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraphs (a), (f), and (g) of this section, it is unlawful for any person owning or operating a vessel issued a general scallop permit to do any of the following: (1) Fish for or land per trip, or possess at any time, in excess of 400 lb (181.4 kg) of shucked or 50 bu (17.6 hl) of in-shell scallops. (2) Fish for, possess, or land scallops on more than one trip per calendar day. (3) Possess or use dredge gear that does not comply with any of the provisions or specifications in §648.51(b). (4) Refuse, or fail, to carry an observer after being requested to carry an observer by the Regional Administrator. (5) Fail to provide an observer with required food, accommodations, access, and assistance, as specified in §648.11. (6) Fail to comply with the VMS requirements specified in §§648.10 and 648.60. (7) Fail to comply with the requirements specified in §648.60. (8) Declare and initiate a trip into the areas specified in §648.59(b) through (d) after the effective date of the notification published in the (9) Declare and initiate a trip into the areas specified in §648.59(b) through (d) after the effective date of the notification published in the (10) Declare or initiate a trip into areas specified in §648.59(b) through (d) after the effective date of the notification published in the (11) Fail to comply with any requirement for declaring in and out of the general category scallop fishery or other notification requirements specified in §648.10(b). (12) Fish for or land per trip, or possess at any time, in excess of 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) of in-shell scallops unless the vessel has been issued a VMS general scallop permit and has declared into the general category scallop fishery as specified in §648.10(b)(4). (j) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in §648.100(f), it is unlawful for any person owning or operating a vessel issued a summer flounder permit (including a moratorium permit) to do any of the following: (1) Possess 100 lb or more (45.4 kg or more) of summer flounder between May 1 and October 31, or 200 lb or more (90.7 kg or more) of summer flounder between November 1 and April 30, unless the vessel meets the minimum mesh size requirement specified in §648.104(a), or is fishing in the exempted area with an exemption permit as specified in §648.104(b)(1), or holds an exemption permit and is in transit from the exemption area with nets properly stowed as specified in §648.104(f), or is fishing with exempted gear specified in §648.104(b)(2). (2) Possess summer flounder in other than a box specified in §648.105(d) if fishing with nets having mesh that does not meet the minimum mesh-size requirement specified in §648.104(a), unless the vessel is fishing pursuant to the exemptions specified in §648.104(b). (3) Land summer flounder for sale in a state after the effective date of the notification in the (4) Fish with or possess nets or netting that do not meet the minimum mesh requirement, or that are modified, obstructed or constricted, if subject to the minimum mesh requirement specified in §648.104, unless the nets or netting are stowed in accordance with §648.104(f). (5) Fish with or possess nets or netting that do not meet the minimum mesh requirement, or that are modified, obstructed or constricted, if fishing with an exempted net described in §648.104, unless the nets or netting are stowed in accordance with §648.104(f). (6) Fish west or south, as appropriate, of the line specified in §648.104(b)(1) if exempted from the minimum mesh requirement specified in §648.104 by a summer flounder exemption permit. (7) Sell or transfer to another person for a commercial purpose, other than transport, any summer flounder, unless the transferee has a valid summer flounder dealer permit. (8) Carry passengers for hire, or carry more than three crew members for a charter boat or five crew members for a party boat, while fishing commercially pursuant to a summer flounder moratorium permit. (9) Offload, remove, or otherwise transfer, or attempt to offload, remove or otherwise transfer summer flounder from one vessel to another, unless that vessel has not been issued a summer flounder permit and fishes exclusively in state waters. (k) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in §648.120(e), it is unlawful for any person owning or operating a vessel issued a scup permit (including a moratorium permit) to do any of the following: (1) Possess scup in excess of the threshold amount specified in §648.123, unless the vessel meets the minimum mesh-size restrictions specified in §648.123. (2) Fail to keep scup separate from other species if fishing with nets having mesh that does not meet the minimum mesh-size restrictions specified in §648.123(a). (3) Land scup for sale after the effective date of the notification published in the (4) Possess nets or netting that do not meet the minimum mesh restrictions or that are modified, obstructed or constricted, if subject to the minimum mesh requirements specified in §648.123(a), unless the nets or netting are stowed in accordance with §648.23(b). (5) Fish with nets or netting that do not meet the minimum mesh restriction or that are modified, obstructed or constricted while in possession of scup in excess of the threshold amount specified in §648.123. (6) As of January 1, 1997, sell or transfer to another person for a commercial purpose, other than transport on land, any scup, unless the transferee has a dealer permit issued under §648.6. (7) Carry passengers for hire, or carry more than three crew members for a charter boat or five crew members for a party boat, while fishing for scup under the terms of a moratorium permit issued pursuant to §648.4(a)(6). (8) Use a scup pot or trap that does not have the hinges and fasteners made of degradable materials as specified in §648.123. (9) Use a scup trap or pot that does not have a minimum escape vent of the size specified in §648.123. (10) Use roller rig trawl gear equipped with rollers greater than the size specified in §648.123. (11) Possess scup in, or harvested from, the EEZ in an area closed, or before or after a season established pursuant to §648.122. (12) Use a scup trap or pot that is not marked in accordance with §648.123(b)(3). (13) Transfer scup at sea, or attempt to transfer at sea to any vessel, any scup taken from the EEZ, unless in compliance with the provisions of §648.13(i). (l) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in §648.120(e), it is unlawful for the owner or operator of a party or charter boat issued a scup permit (including a moratorium permit), when the boat is carrying passengers for hire or carrying more than three crew members if a charter boat or more than five members if a party boat to: (1) Possess scup in excess of the possession limit established pursuant to §648.125. (2) Fish for scup other than during a season established pursuant to §648.122. (3) Sell scup or transfer scup to another person for a commercial purpose. (4) Possess scup that do not meet the minimum fish size specified in §648.124(b). (m) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in §648.100(f), it is unlawful for the owner and operator of a party or charter boat issued a summer flounder permit (including a moratorium permit), when the boat is carrying passengers for hire or carrying more than three crew members if a charter boat or more than five members if a party boat, to: (1) Possess summer flounder in excess of the possession limit established pursuant to §648.105. (2) Fish for summer flounder other than during a season specified pursuant to §648.102. (3) Sell or transfer summer flounder to another person for a commercial purpose. (n) It is unlawful to violate any terms of a letter authorizing experimental fishing pursuant to §648.12 or to fail to keep such letter aboard the vessel during the time period of the experimental fishing. (o) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person owning or operating a vessel issued a surf clam and ocean quahog permit or issued a surf clam and ocean quahog allocation permit under §648.70, to land or possess any surf clams or ocean quahogs in excess of, or without, an individual allocation, or to transfer any surf clams or ocean quahogs to any person for a commercial purpose other than transport, unless that person has a surf clam and ocean quahog processor/dealer permit. (p) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in §648.21(g), it is unlawful for any person owning or operating a vessel issued a valid mackerel, squid, and butterfish fishery permit, or issued an operator's permit, to do any of the following: (1) Possess more than the incidental catch allowance of Loligo or butterfish, unless issued a Loligo squid and butterfish fishery moratorium permit. (2) Possess more than the incidental catch allowance of Illex squid unless issued an Illex squid moratorium permit. (3) Take, retain, possess, or land mackerel, squid or butterfish in excess of a possession allowance specified under §648.22. (4) Take, retain, possess, or land mackerel, squid or butterfish after a total closure specified under §648.22. (5) [Reserved] (6) Transfer squid or butterfish at sea to another vessel unless that other vessel has been issued a valid Loligo and butterfish or Illex moratorium permit and are transferring the species for which the vessel is permitted or a valid squid/butterfish incidental catch permit and a letter of authorization by the Regional Administrator. (7) Fail to comply with any measures implemented pursuant to §648.21. (8) Carry passengers for hire while fishing commercially under a mackerel, squid, and butterfish fishery permit. (9) Fail to carry on board a letter of authorization, if fishing in an experimental fishery pursuant to §648.12. (10) Fish for, retain, or possess Atlantic mackerel in or from the EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall and 750 GRT, or a shaft horsepower of 3000 shp, except for the retention and possession of Atlantic mackerel for processing by a vessel holding a valid at-sea processor permit pursuant to §648.6(a)(2). (q) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in §648.21(g), it is unlawful for the owner and operator of a party or charter boat issued a mackerel, squid, and butterfish fishery permit (including a moratorium permit), when the boat is carrying passengers for hire, to do any of the following: (1) Violate any recreational fishing measures established pursuant to §648.21(d). (2) Sell or transfer mackerel, squid, or butterfish to another person for a commercial purpose. (r) [Reserved] (s) Any person possessing or landing per trip, scallops in excess of 40 lb (18.1 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops, at or prior to the time when those scallops are received or possessed by a dealer, is subject to all of the scallop prohibitions specified in this section, unless the scallops were harvested by a vessel without a scallop permit that fishes for scallops exclusively in state waters. (t) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraphs (a) through (h) of this section, it is unlawful for any owner or operator of a vessel issued a valid open access multispecies permit to possess or land any regulated species as defined in §648.2, or to violate any applicable provisions of §648.88, unless otherwise specified in §648.17. (u) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in §648.140(e), it is unlawful for any person owning or operating a vessel issued a black sea bass permit (including a moratorium permit) to do any of the following: (1) Fish for, catch, possess, land, or retain black sea bass in excess of the amount specified in §648.144(a)(1)(i)(i.e. 500 lb (226.8 kg) from January 1 through March 31, or 100 lb (45.4 kg) from April 1 through December 31), unless the vessel meets the minimum mesh requirement specified in §648.144 (a). (2) Possess black sea bass in other than a box specified in §648.145(d) if fishing with nets having mesh that does not meet the minimum mesh-size requirement specified in §648.144 (a). (3) Land black sea bass for sale in any state, or part thereof, north of 35°15.3' N. lat. after the effective date of the notification published in the (4) Fish with or possess nets or netting that do not meet the minimum mesh requirement, or that are modified, obstructed or constricted, if subject to the minimum mesh requirement specified in §648.144, unless the nets or netting are stowed in accordance with §648.23(b). (5) Fish with or possess rollers used in roller rig or rock hopper trawl gear that do not meet the requirements specified in §648.144(a)(5). (6) Fish with or possess pots or traps that do not meet the requirements specified in §648.144(b). (7) Sell or transfer to another person for a commercial purpose, other than transport on land, any black sea bass, unless the transferee has a valid black sea bass dealer permit. (8) Carry passengers for hire, or carry more than three crew members for a charter boat or five crew members for a party boat, while fishing commercially pursuant to a black sea bass moratorium permit. (9) Possess, retain, or land black sea bass harvested in or from the EEZ in excess of the commercial possession limit established at §648.140. (10) Land black sea bass for sale in any state south of North Carolina. (11) Possess black sea bass after the effective date of the notification published in the (v) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in §648.140(e), it is unlawful for the owner and operator of a party or charter boat issued a black sea bass permit (including a moratorium permit), when the boat is carrying passengers for hire or carrying more than three crew members if a charter boat or more than five members if a party boat, to: (1) Possess black sea bass in excess of the possession limit established pursuant to §648.145. (2) Fish for black sea bass other than during a season specified pursuant to §648.142. (3) Sell black sea bass or transfer black sea bass to another person for a commercial purpose. (w) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, unless participating in a research activity as described in §648.160(h), it is unlawful for any person to do any of the following: (1) Possess in or harvest from the EEZ, Atlantic bluefish, in excess of the daily possession limit found at §648.164, unless the vessel is issued a valid Atlantic bluefish vessel permit under §648.4(a)(8)(i) and the permit is on board the vessel and has not been surrendered, revoked, or suspended. (2) Purchase, possess or receive for a commercial purpose, or attempt to purchase, possess, or receive for a commercial purpose, in the capacity of a dealer, except solely for transport on land, Atlantic bluefish taken from a fishing vessel that were harvested in or from the EEZ unless issued, and in possession of, a valid Atlantic bluefish fishery dealer permit issued under §648.6(a). (3) Sell, barter, trade or transfer, or attempt to sell, barter, trade or otherwise transfer, other than for transport, Atlantic bluefish that were harvested in or from the EEZ, unless the vessel has been issued a valid bluefish permit under §648.4(a)(8)(i). (4) Land Atlantic bluefish for sale in a state after the effective date of the notification in the (5) Carry passengers for hire, or carry more than three crew members for a charter boat or five crew members for a party boat, while fishing commercially pursuant to an Atlantic bluefish permit issued under §648.4(a)(8). (6) Land Atlantic bluefish for sale after the effective date of the notification in the (7) To purchase or otherwise receive for a commercial purpose bluefish harvested from the EEZ after the effective date of the notification published in the (8) To purchase or otherwise receive for a commercial purpose bluefish harvested by a federally permitted vessel after the effective date of the notification published in the (x) For purposes of this section, the following presumptions apply: (1) Surf clams and ocean quahogs. (i) Possession of surf clams or ocean quahogs on the deck of any fishing vessel in closed areas, or the presence of any part of a vessel's gear in the water in closed areas, or the presence of any part of a vessel's gear in the water more than 12 hours after an announcement closing the entire fishery becomes effective, is prima facie evidence that such vessel was fishing in violation of the provisions of the Magnuson Act and these regulations. (ii) Surf clams or ocean quahogs landed from a trip for which notification was provided under §648.15(b) or §648.70(b) are deemed to have been harvested in the EEZ and count against the individual's annual allocation unless the vessel has a valid Maine mahogany quahog permit issued pursuant to §648.4(a)(4)(i) and is not fishing for an individual allocation under §648.70. (iii) Surf clams or ocean quahogs found in cages without a valid state tag are deemed to have been harvested in the EEZ and are deemed to be part of an individual's allocation, unless the vessel has a valid Maine mahogany quahog permit issued pursuant to §648.4(a)(4)(i) and is not fishing for an individual allocation under §648.70; or, unless the preponderance of available evidence demonstrates that he/she has surrendered his/her surf clam and ocean quahog permit issued under §648.4 and he/she conducted fishing operations exclusively within waters under the jurisdiction of any state. Surf clams and ocean quahogs in cages with a Federal tag or tags, issued and still valid pursuant to this section, affixed thereto are deemed to have been harvested by the individual allocation holder to whom the tags were issued or transferred under §648.(70) or §648.75(b). (2) Scallops. Scallops that are possessed or landed at or prior to the time when the scallops are received by a dealer, or scallops that are possessed by a dealer, are deemed to be harvested from the EEZ, unless the preponderance of all submitted evidence demonstrates that such scallops were harvested by a vessel without a scallop permit and fishing exclusively for scallops in state waters. (3) Summer flounder. All summer flounder retained or possessed on a vessel issued a permit under §648.4 are deemed to have been harvested in the EEZ. (4) NE multispecies. (i) Regulated species possessed for sale that do not meet the minimum sizes specified in §648.83 for sale are deemed to have been taken or imported in violation of these regulations, unless the preponderance of all submitted evidence demonstrates that such fish were harvested by a vessel not issued a permit under this part and fishing exclusively within state waters, or by a vessel that fished exclusively in the NAFO Regulatory Area. This presumption does not apply to fish being sorted on deck. (ii) Regulated species possessed for sale that do not meet the minimum sizes specified in §648.83 for sale are deemed taken from the EEZ or imported in violation of these regulations, unless the preponderance of all submitted evidence demonstrates that such fish were harvested by a vessel not issued a permit under this part and fishing exclusively within state waters, or by a vessel that fished exclusively in the NAFO Regulatory Area. This presumption does not apply to fish being sorted on deck. (iii) All small-mesh multispecies retained or possessed on a vessel issued any permit under §648.4 are deemed to have been harvested from the EEZ. (5) Mackerel, squid, and butterfish. All mackerel and butterfish possessed on board a party or charter boat issued a mackerel, squid, and butterfish fishery permit are deemed to have been harvested from the EEZ. (6) Scup. All scup retained or possessed on a vessel issued a permit under §648.4 are deemed to have been harvested in the EEZ. (7) Black sea bass. All black sea bass retained or possessed on a vessel issued a permit under §648.4 are deemed to have been harvested in the EEZ, unless the vessel also has been issued a Southeast Region Snapper/Grouper permit and fishes for, retains, or possesses black sea bass south of 35°15.3' N. lat. (8) Monkfish. All monkfish retained or possessed on a vessel issued any permit under §648.4 are deemed to have been harvested from the EEZ, unless the preponderance of evidence demonstrates that such fish were harvested by a vessel that fished exclusively in the NAFO Regulatory Area, as authorized under §648.17. (9) All bluefish possessed on board a party or charter vessel issued a permit under §648.4(a)(8)(ii) are deemed to have been harvested from the EEZ. (10) Atlantic herring. All Atlantic herring retained or possessed on a vessel issued any permit under §648.4 are deemed to have been harvested from the EEZ, unless the preponderance of all submitted evidence demonstrates that such Atlantic herring were harvested by a vessel fishing exclusively in state waters. (11) Tilefish. All tilefish retained or possessed on a vessel issued any permit under §648.4 are deemed to have been harvested in or from the tilefish management unit, unless the preponderance of all submitted evidence demonstrates that such tilefish were harvested by a vessel fishing exclusively in state waters. (12) Red crab. All red crab retained or possessed on a vessel issued any permit under §648.4 are deemed to have been harvested in or from the Red Crab Management Unit, unless the preponderance of all submitted evidence demonstrates that such red crab were harvested by a vessel fishing exclusively outside of the Red Crab Management Unit or in state waters. (13) Skates. All skates retained or possessed on a vessel are deemed to have been harvested in or from the Skate Management Unit, unless the preponderance of all submitted evidence demonstrates that such skates were harvested by a vessel, that has not been issued a Federal skate permit, fishing exclusively outside of the EEZ portion of the Skate Management Unit or only in state waters. (y) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person owning or operating a vessel that engages in fishing for monkfish to do any of the following, unless otherwise fishing in accordance with, and exempted under, the provisions of §648.17: (1) Fish for, possess, retain or land monkfish, unless: (i) The monkfish are being fished for, or were harvested, in or from the EEZ by a vessel issued a valid monkfish permit under §648.4(a)(9); or (ii) The monkfish were harvested by a vessel not issued a Federal monkfish permit that fishes for or possesses monkfish exclusively in state waters; or (iii) The monkfish were harvested in or from the EEZ by a vessel not issued a Federal monkfish permit that engaged in recreational fishing; or (iv) The monkfish were harvested from the NAFO Regulatory Area in accordance with the provisions specified under §648.17. (2) Land, offload, or otherwise transfer, or attempt to land, offload, or otherwise transfer, monkfish from one vessel to another vessel, unless each vessel has not been issued a monkfish permit and fishes exclusively in state waters. (3) Sell, barter, trade, or otherwise transfer, or attempt to sell, barter, trade, or otherwise transfer for a commercial purpose, any monkfish without having been issued a valid monkfish vessel permit, unless the vessel fishes for monkfish exclusively in state waters, or exclusively in the NAFO Regulatory Area in accordance with the provisions specified under §648.17. (4) Operate or act as an operator of a vessel fishing for, possessing, retaining, or landing monkfish in or from the EEZ without having been issued and possessing a valid operator permit pursuant to §648.5, and this permit is onboard the vessel. (5) Fish with, use, or have on board, while fishing under a monkfish DAS within the Northern Fishery Management Area or Southern Fishery Management Area as described in §648.91(a) and (b), nets with mesh size smaller than the minimum mesh size specified in §648.91(c). (6) Violate any provision of the monkfish incidental catch permit restrictions as provided in §§648.4(a)(9)(ii) or 648.94(c). (7) Fail to comply with the area restrictions applicable to limited access Category G and H vessels specified under §648.92(b)(9). (8) Purchase, possess, or receive as a dealer, or in the capacity of a dealer, monkfish in excess of the possession or trip limits specified in §648.94 as is applicable to a vessel issued a monkfish limited access or incidental catch permit. (9) Fail to comply with the monkfish size limit restrictions of §648.93 when issued a valid monkfish permit under §648.4(a)(9). (10) Fail to comply with the monkfish possession limits and landing restrictions, including liver landing restrictions, specified under §648.94 when issued a valid monkfish permit under §648.4(a)(9). (11) Fail to comply with the monkfish DAS provisions specified at §648.92 when issued a valid limited access monkfish permit, and fishing for, possessing, or landing monkfish in excess of the incidental catch limits specified at §648.94 (c). (12) If carrying a VMS unit under §648.10: (i) Fail to have a certified, operational, and functioning VMS unit that meets the specifications of §648.9 on board the vessel at all times. (ii) Fail to comply with the notification, replacement, or any other requirements regarding VMS usage as specified in §648.10. (13) Combine, transfer, or consolidate monkfish DAS allocations. (14) Fish for, possess, or land monkfish with or from a vessel that has had the horsepower of such vessel or its replacement upgraded or increased in excess of the limitations specified in §648.4(a)(9)(i)(E) and (F). (15) Fish for, possess, or land monkfish with or from a vessel that has had the length, GRT, or NT of such vessel or its replacement upgraded or increased in excess of the limitations specified in §648.4(a)(9)(i)(E) and (F). (16) Fail to comply with any provision of the DAS notification program as specified in §648.10. (17) If the vessel has been issued a valid limited access monkfish permit, and fishes under a monkfish DAS, fail to comply with gillnet requirements and restrictions specified in §648.92(b)(8). (18) Fail to produce gillnet tags when requested by an authorized officer. (19) Tagging a gillnet with or otherwise using or possessing a gillnet tag that has been reported lost, missing, destroyed, or issued to another vessel, or using or possessing a false gillnet tag. (20) Selling, transferring, or giving away gillnet tags that have been reported lost, missing, destroyed, or issued to another vessel. (21) Fail to comply with the area declaration requirements specified at §§648.93(b)(2) and 648.94(f) when fishing under a scallop, NE multispecies, or monkfish DAS exclusively in the NFMA under the less restrictive monkfish possession limits of that area. (22) Fish for, possess, or land monkfish with or from a vessel that has had the length, GRT, or NT of such vessel or its replacement upgraded or increased in excess of the limitations specified in §648.4(a)(9)(i)(O) and (F). (z) Small-mesh multispecies. (1) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, and subject to paragraph (a)(32) of this section, it is unlawful for any person owning or operating a vessel issued a valid Federal multispecies permit to land, offload, or otherwise transfer, or attempt to land, offload, or otherwise transfer, small-mesh multispecies from one vessel to another in excess of the limits specified in §648.13. (2) [Reserved] (aa) In addition to the general prohibitions specified in §600.725 of this chapter, it is unlawful for any person owning or operating a vessel issued a valid spiny dogfish permit or issued an operator's permit to do any of the following: (1) Sell, barter, trade or transfer, or attempt to sell, barter, trade or otherwise transfer, other than for transport, spiny dogfish, unless the dealer or transferee has a dealer permit issued under §648.6(a). (2) Fish for or possess spiny dogfish harvested in or from the EEZ after the effective date of the notification published in the (3) Land spiny dogfish for a commercial purpose after the effective date of the notification published in the (4) Violate any of the provisions prohibiting finning in §§600.1203 and 600.1204, part 600, subpart N that are applicable to the dogfish fishery. (5)–(6) [Reserved] (7) Possess more than the possession limit of spiny dogfish specified under §648.235. The possession limit is the maximum amount that may be landed in any 1 calendar day. (bb) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person to do any of the following: (1) Fish for, possess, retain or land Atlantic herring, unless: (i) The Atlantic herring are being fished for or were harvested in or from the EEZ by a vessel holding a valid Atlantic herring permit under this part, and the operator on board such vessel has been issued an operator permit that is on board the vessel; or (ii) The Atlantic herring were harvested by a vessel not issued an Atlantic herring permit that was fishing exclusively in state waters; or (iii) The Atlantic herring were harvested in or from the EEZ by a vessel engaged in recreational fishing; or (iv) Unless otherwise specified in accordance with §648.17. (2) Operate, or act as an operator of, a vessel with an Atlantic herring permit, or a vessel fishing for or possessing Atlantic herring in or from the EEZ, unless the operator has been issued, and is in possession of, a valid operator permit. (3) Purchase, possess, receive, or attempt to purchase, possess, or receive, as a dealer, or in the capacity of a dealer, Atlantic herring that were harvested in or from the EEZ, without having been issued, and in possession of, a valid Atlantic herring dealer permit. (4) Purchase, possess, receive, or attempt to purchase, possess, or receive, as a processor, or in the capacity of a processor, Atlantic herring from a fishing vessel with an Atlantic herring permit or from a dealer with an Atlantic herring dealer permit, without having been issued, and in possession of, a valid Atlantic herring processor permit. (5) Sell, barter, trade, or otherwise transfer, or attempt to sell, barter, trade, or otherwise transfer, for a commercial purpose, any Atlantic herring, unless the vessel has been issued an Atlantic herring permit, or unless the Atlantic herring were harvested by a vessel without an Atlantic herring permit that fished exclusively in state waters. (6) Purchase, possess, or receive, for a commercial purpose, or attempt to purchase, possess or receive, for a commercial purpose, Atlantic herring caught by a vessel without an Atlantic herring permit, unless the Atlantic herring were harvested by a vessel without an Atlantic herring permit that fished exclusively in state waters. (7) Possess, transfer, receive, or sell, or attempt to transfer, receive, or sell > 2,000 lb (907.2 kg) of Atlantic herring per trip, or land, or attempt to land > 2,000 lb (907.2 kg) of Atlantic herring per day in or from an area of the EEZ subject to restrictions pursuant to §648.202(a). (8) Possess, transfer, receive, or sell, or attempt to transfer, receive, or sell > 2,000 lb (907.2 kg) of Atlantic herring per trip, or land, or attempt to land > 2,000 lb (907.2 kg) of Atlantic herring per day in or from state waters subject to restrictions pursuant to §648.202(a), if the vessel has been issued a valid Atlantic herring permit. (9) Transfer or attempt to 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. (10) Transit an area of the EEZ that is subject to a closure to directed fishing for Atlantic herring or restrictions pursuant to §648.202(a) with > 2,000 lb (907.2 kg) of herring on board, unless all fishing gear is stowed as specified by §648.23(b). (11) Catch, take, or harvest Atlantic herring in or from the EEZ with a U.S. vessel that exceeds the size limits specified in §648.203. (12) Process Atlantic herring caught in or from the EEZ in excess of the specification of USAP with a U.S. vessel that exceeds the size limits specified in §648.203(b). (13) Discard herring carcasses in the EEZ, or at sea if a federally-permitted vessel, after removing the roe. (14) Catch, take, or harvest Atlantic herring in or from the EEZ for roe in excess of any allowed limit that may be established pursuant to §648.204(b). (15) Catch, take, or harvest Atlantic herring in or from the EEZ, unless equipped with an operable VMS unit if a vessel caught > 500 mt of Atlantic herring in the previous fishing year, or intends to catch > 500 mt of Atlantic herring in the current fishing year, as required by §648.205(a). (16) Catch, take, or harvest > 500 mt of Atlantic herring in or from the EEZ during the fishing year, unless equipped with an operable VMS unit as required by §648.205(a). (17) Receive Atlantic herring in or from the EEZ solely for transport, unless issued a letter of authorization from the Regional Administrator. (18) Fail to comply with any of the requirements of a letter of authorization from the Regional Administrator. (19) [Reserved] (20) If the vessel has been issued a Category 1 herring permit and is fishing for herring, fail to notify the NMFS Office of Law Enforcement of the time and date of landing via VMS at least 6 hr prior to landing or crossing the VMS demarcation line on its return trip to port. (21)–(23) [Reserved] (24) If a Category 1 herring vessel, discard haddock at sea that has been brought on deck or pumped into the hold. (25) If fishing with midwater trawl or a purse seine gear, fail to comply with the requirements of §648.80 (d) and (e). (26) Transit the GOM/GB Herring Exemption Area when that area is limited to the 2,000 lb (907 kg) limit specified in §648.86(a)(3)(ii)(A)(1) with more than 2,000 lb (907 kg) of herring, unless all the herring on board was caught outside of that area and all fishing gear is stowed and not available for immediate use as required by §648.23 (b). (cc) In addition to the general prohibitions specified in §600.725 of this chapter, unless participating in a research activity as described in §648.290(e), it is unlawful for any person owning or operating a vessel to do any of the following: (1) Fish for, possess, retain or land tilefish, unless: (i) The tilefish are being fished for or were harvested in or from the tilefish management unit by a vessel holding a valid tilefish permit under this part, and the operator on board such vessel has been issued an operator permit that is on board the vessel; or (ii) The tilefish were harvested by a vessel not issued a tilefish permit that was fishing exclusively in state waters; or (iii) The tilefish were harvested in or from the tilefish management unit by a vessel engaged in recreational fishing. (2) Operate, or act as an operator of, a vessel with a tilefish permit, or a vessel fishing for or possessing tilefish in or from the tilefish management unit, unless the operator has been issued, and is in possession of, a valid operator permit. (3) Purchase, possess, receive, or attempt to purchase, possess, or receive, as a dealer, or in the capacity of a dealer, tilefish that were harvested in or from the tilefish management unit, without having been issued, and in possession of, a valid tilefish dealer permit. (4) Sell, barter, trade, or otherwise transfer, or attempt to sell, barter, trade, or otherwise transfer, for a commercial purpose, any tilefish, unless the vessel has been issued a tilefish permit, or unless the tilefish were harvested by a vessel without a tilefish permit that fished exclusively in state waters. (5) Purchase, possess, or receive, for a commercial purpose, or attempt to purchase, possess, or receive, for a commercial purpose, tilefish caught by a vessel without a tilefish permit, unless the tilefish were harvested by a vessel without a tilefish permit that fished exclusively in state waters. (6) [Reserved] (7) Possess tilefish harvested in or from the tilefish management unit in excess of the trip limit, pursuant to §648.292, unless issued a limited access tilefish permit. (8) Land tilefish harvested in or from the tilefish management unit for sale after the effective date of the notification in the (9) Land tilefish in or from the tilefish management unit, in excess of the trip limit pursuant to §648.292, unless the vessel holds a valid limited access tilefish permit. (dd) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person to do any of the following: (1) Catch, possess, transport, land, sell, trade, or barter, any red crab or red crab parts in or from the EEZ portion of the Red Crab Management Unit, unless in possession of a valid limited access red crab vessel permit or red crab incidental catch permit issued by the Regional Administrator under this subpart. (2) Land, or possess on board a vessel, greater than the possession or landing limits specified in §648.263. (3) Fail to comply with the recordkeeping and reporting requirements of §648.7. (4) Transfer at sea, either directly or indirectly, or attempt 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. (5) Purchase, possess, or receive greater than 500 lb (226.8 kg) of whole red crab, or its equivalent in weight as specified at §648.263(a)(2)(i) and (ii), caught in the EEZ portion of the Red Crab Management Unit by a vessel that has not been issued a valid limited access red crab permit under this subpart. (6) Purchase, possess, or receive up to 500 lb (226.8 kg) of whole red crab, or its equivalent in weight as specified at §648.263(a)(2)(i) and (ii), caught in the EEZ portion of the Red Crab Management Unit by a vessel that has not been issued a valid limited access red crab permit or red crab incidental catch permit under this subpart. (7) Fish for, catch, possess, transport, land, sell, trade, or barter, greater than 500 lb (226.8 kg) of whole red crab, or its equivalent in weight as specified at §648.263(a)(2)(i) and (ii), per fishing trip, in or from the Red Crab Management Unit, unless in possession of a valid limited access red crab vessel permit issued by the Regional Administrator under this subpart and fishing under a red crab DAS. (8) Fail to comply with the provisions of the DAS notification program specified in §§648.262(b)(5) and 648.10, if the vessel has been issued a valid limited access red crab permit. (9) Fish for, catch, possess, transport, land, sell, trade, or barter, in the Red Crab Management Unit under a red crab DAS if the vessel has declared out of the fishery prior to the start of the fishing year. (10) Fish for, catch, possess, transport, land, sell, trade, or barter, red crab in excess of landing limits specified in §648.263. (11) Possess, deploy, fish with, haul, harvest red crab from, or carry on board a vessel in excess of the trap/pot and/or string limit specified at §648.264(a)(2) when fishing under a red crab DAS. (12) Retain, possess, or land female red crabs in excess of one standard U.S. fish tote if the vessel has been issued a valid limited access red crab permit and is fishing under a red crab DAS. (13) Retain, possess, or land red crab claws and legs separate from crab bodies in excess of one standard U.S. fish tote if the vessel has been issued a valid limited access red crab permit and is fishing under a red crab DAS. (14) Retain, possess, or land any red crab claws and legs separate from crab bodies if the vessel has not been issued a valid limited access red crab permit or has been issued a valid limited access red crab permit and is not fishing under a red crab DAS. (15) Retain, possess, or land in excess of two claws and eight legs per crab if the vessel has been issued a valid red crab incidental catch permit or has been issued a valid limited access red crab permit and is not fishing under a red crab DAS. (16) Fully process red crabs at sea, i.e., any activity that removes meat from any part of a red crab, unless a preponderance of the evidence shows that the vessel fished exclusively in state waters and has not been issued a valid federal permit. (17) Fail to comply with any gear marking requirement specified at §648.264(a)(5). (18) Possess, fish, or deploy parlor traps/pots if the vessel has been issued a valid limited access red crab permit and is fishing under a red crab DAS. (19) Possess, fish, or deploy red crab traps/pots larger than the maximum size specified at §648.263(a)(4), if the vessel has been issued a valid limited access red crab permit and is fishing under a red crab DAS. (ee) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any person to fish for, possess, or land skates in or from the EEZ portion of the Skate Management Unit, unless in possession of a valid Federal skate vessel permit or onboard a federally permitted lobster vessel (i.e., transfer at sea recipient) while in possession of whole skates as bait only less than the maximum size specified at §648.322(b)(2) and in accordance with §648.322(c). (ff) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any owner or operator of a vessel holding a valid Federal skate permit to do any of the following: (1) Fail to comply with the conditions of the skate wing possession and landing limits for winter skates specified at §648.322, unless holding a letter of authorization to fish for and land skates as bait only at §648.322(b). (2) Fail to comply with the recordkeeping and reporting requirements of §648.7(a)(1)(iii) and (b)(1)(iii). (3) Transfer at sea or attempt to transfer at sea to any vessel, any skates taken in or from the EEZ portion of the Skate Management Unit, unless in compliance with the provisions of §§648.13(b) and 648.322(b). (4) Purchase, possess, trade, barter or receive skates caught in the EEZ portion of the Skate Management Unit by a vessel that has not been issued a valid Federal skate permit under this part. (5) Fail to comply with the provisions of the DAS notification program specified in §§648.53, 648.82, and 648.92, for the Atlantic sea scallop, NE multispecies, and monkfish fisheries, respectively, when issued a valid skate permit and fishing under the skate wing possession limits at §648.322. (6) Fish for, catch, possess, transport, land, sell, trade, or barter whole skates and skate wings in excess of the possession limits specified at §648.322. (7) Fail to comply with the restrictions under the SNE Trawl and Gillnet Exemption areas for the NE skate fisheries at §§648.80(b)(5)(i)(B) and 648.80(b)(6)(i)(B). (gg) In addition to the general prohibitions specified in §600.725 of this chapter and in paragraph (a) of this section, it is unlawful for any owner or operator of a vessel holding a valid Federal permit to do any of the following: (1) Retain, possess, or land barndoor or thorny skates taken in or from the EEZ portion of the Skate Management Unit specified at §648.2. (2) Retain, possess, or land smooth skates taken in or from the GOM RMA described at §648.80(a)(1)(i). [61 FR 34968, July 3, 1996] Editorial Note: For Effective Date Note: At 70 FR 60451, Oct. 18, 2005, §648.14 was amended by adding paragraphs (a)(170) through (171), effective Oct. 18, 2005, through Dec. 31, 2005. At 70 FR 76426, Dec. 27, 2005, paragraphs (a)(170) and (a)(171) were removed, effective Jan. 26, 2006. At 70 FR 76713, Dec. 28, 2005, the effective date was extended through June 30, 2006. At 71 FR 37505, June 30, 2006, the effective date was extended through Dec. 31, 2006.
Effective Date Note: At 71 FR 19373, Apr. 13, 2006, §648.14 was amended by suspending paragraphs (a)(172), (c)(19), (c)(21) through (23), (c)(33) through (35), (c)(37), (c)(39), (c)(43), (c)(49) through (52), (c)(54) through (66), (c)(70), (c)(78), (c)(80), (y)(15), and (bb)(22); and adding paragraphs (a)(173) through (178), (c)(81) through (116), (g)(4), (y)(22), and (bb)(23), effective May 1, 2006, through Oct. 10, 2006.
Title 50: Wildlife and Fisheries
PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES
Subpart A—General Provisions
§ 648.14 Prohibitions.
