50 C.F.R. Subpart A—General Measures
Title 50 - Wildlife and Fisheries
(a) The purpose of this part is to implement the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico, prepared by the Gulf of Mexico Fishery Management Council under the Magnuson-Stevens Act. (b) This part governs conservation and management of stone crab and restricts the trawl fishery in the management area. (c) “EEZ” refers to the EEZ in the management area, unless the context clearly indicates otherwise. [60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002] In addition to the definitions in the Magnuson–Stevens Act and in §620.2 of this chapter, the terms used in this part have the following meanings: Management area means the EEZ off the coast of Florida from a line extending directly south from the Alabama/Florida boundary (87°31'06" W. long.) to a line extending directly east from the Dade/Monroe County, FL boundary (25°20.4' N. lat.). Regional Administrator (RA) for the purposes of this part, means the Administrator, Southeast Region, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, or a designee. Stone crab means Menippe mercenaria, M. adina, or their interbreeding hybrids, or a part thereof. [60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61991, 61993, Oct. 3, 2002] (a) The relation of this part to other laws is set forth in §600.705 of this chapter and paragraphs (b) and (c) of this section. (b) The regulations in this part are intended to be compatible with, and do not supersede, similar regulations in effect for the Everglades National Park (36 CFR 7.45). (c) The regulations in this part are intended to be compatible with similar regulations and statutes in effect in Florida's waters. [60 FR 13919, Mar. 15, 1995, as amended at 63 FR 44595, Aug. 20, 1998; 67 FR 61991, Oct. 3, 2002] The provisions of this section establish a Federal stone crab trap limitation program in the management area that complements the stone crab trap limitation program implemented by the Florida Fish and Wildlife Conservation Commission (FFWCC). The Federal program requires issuance of a commercial vessel permit, a trap certificate, and annual trap tags. A person in the management area who is in compliance with the FFWCC trap limitation program is exempt from the requirements of the Federal trap limitation program specified in this section. (a) Commercial vessel permit requirements. Effective December 2, 2002, for a person aboard a vessel, except a person who is in compliance with the FFWCC stone crab trap limitation program, to possess or use a stone crab trap, possess more than 1 gallon (4.5 L) of stone crab claws, or sell stone crab claws in or from the management area, a valid Federal commercial vessel permit for stone crab must have been issued to the vessel and must be on board. (1) Eligibility for a commercial vessel permit. The owner of a vessel is eligible to receive a Federal commercial vessel permit for stone crab if the owner provides documentation as specified in paragraph (a)(2) of this section substantiating his or her landings of a minimum of 300 lb (136 kg) of stone crab claws harvested from the management area or Florida's state waters during at least one of the stone crab fishing seasons, October 15 through May 15, for 1995/1996 through 1997/1998. A person who has a valid stone crab trap certificate issued under the stone crab trap limitation program implemented by the FFWCC or a person whose Florida saltwater products license (SPL) has been suspended or revoked is not eligible for a Federal commercial vessel permit for stone crab. (2) Documentation of eligibility for a commercial vessel permit. The only acceptable source of documentation of stone crab claws landed in Florida is landings documented by the Florida trip ticket system. To be creditable toward the 300–lb (136–kg) minimum qualifying landings, Florida landings must be associated with a single Florida SPL. Landings of stone crab harvested from the management area or Florida's state waters but landed in a state other than Florida may be documented by dealer records. Such dealer records must definitively show the species known as stone crab and must include the vessel's name, official number, or other reference that provides a way of clearly identifying the vessel; dates and amounts of stone crab landings; and a sworn affidavit by the dealer confirming the accuracy and authenticity of the records. A sworn affidavit is an official written statement wherein the individual signing the affidavit affirms that the information presented is accurate and can be substantiated, under penalty of law. Documentation of landings are subject to verification by comparison with state, Federal, and other records and information. Submission of false documentation is a violation of the regulations in this part and may disqualify the owner from participation in the fishery. (3) Application for a commercial vessel permit. Applications for a commercial vessel permit for stone crab are available from the RA. A vessel owner (in the case of a corporation, an officer or shareholder; in the case of a partnership, a general partner) who desires such a permit must submit an application, including documentation of stone crab landings as specified in paragraphs (a)(1) and (2) of this section, to the RA postmarked or hand-delivered not later than January 31, 2003. Failure to apply in a timely manner will preclude permit issuance even when the vessel owner meets the eligibility criteria for such permit. (i) An applicant must provide the following: (A) A copy of the vessel's valid USCG certificate of documentation or, if not documented, a copy of its valid state registration certificate. (B) Vessel name and official number. (C) Name, address, telephone number, and other identifying information of the vessel owner. (D) Documentation of eligibility as specified in paragraphs (a)(1) and (2) of this section. (E) The applicant's desired color code for use in identifying his or her vessel and buoys (white is not an acceptable color code). (F) Number of traps authorized under §654.4(b) that will be used and trap dimensions. (G) Any other information concerning the vessel, gear characteristics, principal fisheries engaged in, or fishing areas, if specified on the application form. (H) Any other information that may be necessary for the issuance or administration of the permit, if specified on the application form. (ii) [Reserved] (4) Notification of incomplete application. Upon receipt of an incomplete application, the RA will notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 30 days of the date of the RA's letter of notification, the application will be considered abandoned. (5) Change in application information. The owner of a vessel with a commercial vessel permit must notify the RA within 30 days after any change in the application information specified in paragraph (a)(3)(i) of this section. The permit is void if any change in the information is not reported within 30 days. (6) Initial commercial vessel permit issuance. (i) The RA will issue an initial commercial vessel permit for stone crab to an applicant if the applicant submits a complete application that complies with the requirements of paragraphs (a)(1), (2), and (3) of this section. An application is complete when all requested forms, information, and documentation have been received. (ii) If the eligibility requirements specified in paragraphs (a)(1) and (2) of this section are not met, the RA will notify the vessel owner of such determination and the reasons for it not later than 30 days after receipt of the application. (7) Appeal of initial denial of a commercial vessel permit—(i) General procedure. An applicant for a commercial vessel permit for stone crab who has complied with the application procedures in paragraph (a)(3) of this section and who initially has been denied such permit by the RA may appeal that decision to the RA. The appeal must be postmarked or hand-delivered to the RA not later than 60 days after the date of notification of the initial denial. An appeal must be in writing and must include copies of landing records relating to eligibility, such other reliable evidence upon which the facts related to issuance can be resolved, and a concise statement of the reasons the initial denial should be reversed or modified. An appeal constitutes the applicant's written authorization under section 402(b)(1)(F) of the Magnuson-Stevens Act for the RA to make available to the appellate officer(s) such confidential landings and other records as are pertinent to the matter under appeal. The applicant may request a hearing. The RA will appoint one or more appellate officers to review the appeal and make recommendations to the RA. The appellate officer(s) may recommend that the RA deny the appeal, issue a decision on the merits of the appeal if the records are sufficient to reach a final judgement, or conduct a hearing. The RA may affirm, reverse, modify, or remand the appellate officer(s) recommendation. (ii) Hearings. If the RA determines that a hearing is necessary and appropriate, the RA or appellate officer(s) will notify the applicant of the place and date of the hearing. The applicant will be allowed 30 days after the date of the notification of the hearing to provide supplementary documentary evidence in support of the appeal. (8) Duration of a commercial vessel permit. A commercial vessel permit remains valid for the period specified on it unless it is revoked, suspended, or modified pursuant to subpart D of 15 CFR part 904 or the vessel is sold. (9) Transferability of a commercial vessel permit, trap certificate, or annual trap tags. A commercial vessel permit, trap certificate, or annual trap tags issued under this section are not transferable or assignable, except that an owner of a permitted vessel may request that the RA transfer the permit, trap certificate, and annual trap tags to another vessel owned by the same entity. To effect such a transfer, the owner must return the existing permit, trap certificate and annual trap tags to the RA along with an application for a commercial vessel permit for the replacement vessel. A commercial vessel permit, trap certificate or annual trap tags can not be leased. (10) Renewal of a commercial vessel permit. A commercial vessel permit required by this section is issued on an annual basis. An owner whose permit is expiring will be mailed a notification by the RA approximately 2 months prior to expiration of the current permit. The notification will include a preprinted renewal application. A vessel owner who does not receive a notification of status of renewal of a permit by 45 days prior to expiration of the current permit must contact the RA. A permit that is not renewed or that is revoked will not be reissued. A permit is considered to be not renewed when an application for renewal is not received by the RA within 1 year of the expiration date of the permit. (11) Display of a commercial vessel permit. A commercial vessel permit issued under this section must be carried on board the vessel. The operator of a vessel must present the permit for inspection upon the request of an authorized officer. (12) Sanctions and denials of a commercial vessel permit. A commercial vessel permit issued pursuant to this section may be revoked, suspended, or modified, and a permit application may be denied, in accordance with the procedures governing enforcement-related permit sanctions and denials found at subpart D of 15 CFR part 904. (13) Alteration of a commercial vessel permit. A commercial vessel permit that is altered, erased, or mutilated is invalid. (14) Replacement of a commercial vessel permit. A replacement permit may be issued. An application for a replacement permit is not considered a new application. (15) Fees. A fee is charged for each application for initial issuance or renewal of a permit, for each request for replacement of such permit, and for each trap tag as required under this section. The amount of each fee is calculated in accordance with the procedures of the NOAA Finance Handbook, available from the RA, for determining the administrative costs of each special product or service. The fee may not exceed such costs and is specified with each application form. The appropriate fee must accompany each application, request for replacement, or request for trap tags. (b) Issuance of a trap certificate and annual trap tags. The RA will issue a trap certificate and annual trap tags to each person who has been issued a Federal commercial vessel permit for stone crab. The number of trap tags issued will be determined, based upon the documentation of landings submitted consistent with §654.4(a)(1), (2) and (3), by dividing that person's highest landings of stone crab claws during any one of the fishing seasons for 1995/1996, 1996/1997, or 1997/1998 by 5 lb (2.27 kg). [67 FR 61991, Oct. 3, 2002]
Title 50: Wildlife and Fisheries
PART 654—STONE CRAB FISHERY OF THE GULF OF MEXICO
Subpart A—General Measures
§ 654.1 Purpose and scope.
§ 654.2 Definitions.
§ 654.3 Relation to other laws.
§ 654.4 Trap limitation program.
§ 654.5 Recordkeeping and reporting. [Reserved]
§ 654.6 Vessel and gear identification.
An owner or operator of a vessel for which a valid Federal commercial vessel permit for stone crab has been issued must comply with the vessel and gear identification requirements of this section. An owner or operator of a vessel in the management area who is in compliance with the stone crab trap limitation program and vessel and gear marking requirements implemented by the FFWCC is exempt from the requirements of this section.
(a) Vessel identification. An owner or operator of a vessel for which a valid Federal commercial vessel permit for stone crab has been issued must—
(1) Display the vessel's official number—(i) On the port and starboard sides of the deckhouse or hull and, for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so as to be clearly visible from an enforcement vessel or aircraft.
(ii) In block arabic numerals permanently affixed to or painted on the vessel in contrasting color to the background.
(iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft (19.8 m) long; at least 10 inches (25.4 cm) in height for vessels over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height for vessels 25 ft (7.6 m) long or less.
(2) Display the color code assigned by the RA—(i) On the port and starboard sides of the deckhouse or hull and, for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so as to be clearly visible from an enforcement vessel or aircraft.
(ii) In the form of a circle permanently affixed to or painted on the vessel.
(iii) At least 18 inches (45.7 cm) in diameter for vessels over 65 ft (19.8 m) long; at least 10 inches (25.4 cm) in diameter for vessels over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in diameter for vessels 25 ft (7.6 m) long or less.
(3) Keep the official number and the color code clearly legible and in good repair and ensure that no part of the fishing vessel, its rigging, fishing gear, or any other material on board obstructs the view of the official number or the color code from an enforcement vessel or aircraft.
(b) Gear identification—(1) Traps. A stone crab trap used by or possessed on board a vessel with a Federal commercial vessel permit for stone crab must have a valid annual trap tag issued by the RA attached.
(2) Trap buoys. A buoy must be attached to each stone crab trap or at each end of a string of traps. Each buoy must display the official number and the color code assigned by the RA so as to be easily distinguished, located, and identified.
(3) Presumption of trap ownership. A stone crab trap will be presumed to be the property of the most recently documented owner. This presumption will not apply to traps that are lost if the owner reports the loss within 15 days to the RA.
(4) Unmarked traps or buoys. An unmarked stone crab trap or a buoy deployed in the EEZ where such trap or buoy is required to be marked is illegal and may be disposed of in any appropriate manner by the Assistant Administrator or an authorized officer.
[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]
§ 654.7 Prohibitions.
In addition to the general prohibitions specified in §620.7 of this chapter, it is unlawful for any person to do any of the following:
(a) Falsify or fail to display and maintain vessel and gear identification, as required by §654.6.
(b) Possess a stone crab in the management area during the period specified in §654.20(a).
(c) Possess a stone crab trap in the management area during the period specified in §654.20(c).
(d) Remove from a stone crab in or from the management area, or possess in the management area, a claw that is less than the minimum size limit specified in §654.21(a).
(e) Fail to return immediately to the water unharmed an egg-bearing stone crab, or strip eggs from or otherwise molest an egg-bearing stone crab; as specified in §654.21(b).
(f) Hold a stone crab in or from the management area aboard a vessel other than as specified in §654.21(c).
(g) Use or possess in the management area a stone crab trap that does not comply with the trap construction requirements as specified in §654.22(a).
(h) Pull or tend a stone crab trap in the management area other than during daylight hours, as specified in §654.22(b).
(i) Willfully tend, open, pull, or otherwise molest another fisherman's trap, buoy, or line in the management area, as specified in §654.22(c).
(j) Trawl in a closed area or during a closed season, as specified in §§654.23 or 654.24, or as may be implemented under §654.25(b).
(k) Place a stone crab trap in a closed area or during a closed season, as specified in §654.24, or as may be implemented under §654.25(b).
(l) Interfere with fishing or obstruct or damage fishing gear or the fishing vessel of another, as specified in §654.25(a).
(m) Make any false statement, oral or written, to an authorized officer concerning the taking, catching, harvesting, landing, purchase, sale, possession, or transfer of stone crab.
(n) Interfere with, obstruct, delay, or prevent by any means an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Magnuson-Stevens Act.
(o) Fish for any species or anchor a fishing vessel in a marine reserve as specified in §654.28.
(p) Except for a person who is in compliance with the FFWCC stone crab trap limitation program, possess or use a stone crab trap, possess more than 1 gallon (4.5 L) of stone crab claws, or sell stone crab claws in or from the management area without a commercial vessel permit as specified in §654.4(a).
(q) Falsify information on an application for a commercial vessel permit or submitted in support of such application as specified in §654.4(a)(1) or (2).
[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 47469, July 19, 2002; 67 FR 61993, Oct. 3, 2002]
§ 654.8 Facilitation of enforcement.
See §600.730 of this chapter.
[67 FR 61993, Oct. 3, 2002]
§ 654.9 Penalties.
See §600.735 of this chapter.
[67 FR 61993, Oct. 3, 2002]
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