Title 50: Wildlife and Fisheries
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PART 654—STONE CRAB FISHERY OF THE GULF OF MEXICO
Section Contents
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.
§ 654.7 Prohibitions.
§ 654.8 Facilitation of enforcement.
§ 654.9 Penalties.
Subpart B—Management Measures
§ 654.20 Seasons.
§ 654.21 Harvest limitations.
§ 654.22 Gear restrictions.
§ 654.23 Southwest Florida seasonal trawl closure.
§ 654.24 Shrimp/stone crab separation zones.
§ 654.25 Prevention of gear conflicts.
§ 654.26 Adjustment of management measures.
§ 654.27 Specifically authorized activities.
§ 654.28 Tortugas marine reserves.
Appendix A to Part 654—Figures
Authority: 16 U.S.C. 1801 et seq.
Source: 60 FR 13919, Mar. 15, 1995, unless otherwise noted.
Subpart A—General Measures
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§ 654.1 Purpose and scope.
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(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]
§ 654.2 Definitions.
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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]
§ 654.3 Relation to other laws.
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(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]
§ 654.4 Trap limitation program.
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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]
§ 654.5 Recordkeeping and reporting. [Reserved]
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§ 654.6 Vessel and gear identification.
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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.
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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.
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See §600.730 of this chapter.
[67 FR 61993, Oct. 3, 2002]
§ 654.9 Penalties.
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See §600.735 of this chapter.
[67 FR 61993, Oct. 3, 2002]
Subpart B—Management Measures
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§ 654.20 Seasons.
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(a) Closed season. No person may possess a stone crab in the management area from 12:01 a.m., local time, May 16, through 12 p.m. midnight, local time, October 14, each year. Holding a stone crab in a trap in the water during a soak period or during a removal period (see paragraph (b) of this section), or during any extension thereto, is not deemed possession, provided that, if the trap is removed from the water during such period, such crab is returned immediately to the water with its claws unharvested.
(b) Placement of traps—(1) Prior to the fishing season. The period of October 5 through October 14 is established as a trap soak period. A stone crab trap may be placed in the management area not earlier than 1 hour before sunrise on October 5.
(2) After the fishing season. The period of May 16 through May 20 is established as a trap removal period. A stone crab trap must be removed from the management area not later than 1 hour after sunset on May 20, unless an extension to the removal period is granted under paragraph (b)(2)(i) of this section and the extension authorization is carried aboard the fishing vessel as specified in paragraph (b)(2)(ii) of this section.
(i) An extension of the removal period may be granted by Florida in accordance with Rule 46–13.002(2)(b), Florida Administrative Code, in effect as of April 14, 1995. This incorporation by reference was approved by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the Florida Marine Fisheries Commission, 2540 Executive Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904–487–0554. Copies may be inspected at the office of the Regional Administrator, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(ii) The extension authorization must be carried aboard the fishing vessel. The operator of a fishing vessel must present the authorization for inspection upon request of an authorized officer.
(c) Possession of stone crab traps. A stone crab trap may not be possessed in the management area from the end of the trap removal period, or an extension thereto, to the beginning of the trap soak period, as specified in paragraph (b) of this section. A stone crab trap, float, or rope in the management area during this period will be considered unclaimed or abandoned property and may be disposed of in any manner considered appropriate by the Assistant Administrator or an authorized officer. An owner of such trap, float, or rope remains subject to appropriate civil penalties.
[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002; 69 FR 18803, Apr. 9, 2004]
§ 654.21 Harvest limitations.
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(a) Claw size. No person may remove from a stone crab in or from the management area, or possess in the management area, a claw with a propodus measuring less than 2.75 inches (7.0 cm), measured in a straight line from the elbow to the tip of the lower immovable finger. The propodus is the largest section of the claw assembly that has both a movable and immovable finger and is located farthest from the body when the entire appendage is extended. (See Appendix A, Figure 1, of this part.)
(b) Egg-bearing stone crabs. An egg-bearing stone crab in or from the management area must be returned immediately to the water unharmed—without removal of a claw. An egg-bearing stone crab may not be stripped of its eggs or otherwise molested.
(c) Holding stone crabs. A live stone crab in or from the management area may be held aboard a vessel until such time as a legal-sized claw is removed, provided it is held in a container that is shaded from direct sunlight and it is wet with sea water as necessary to keep it in a damp condition. Containers holding stone crabs must be stacked in a manner that does not compress the crabs. A stone crab body from which a legal-sized claw has been removed must be returned to the sea before the vessel reaches shore or a port or dock.
§ 654.22 Gear restrictions.
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(a) Trap construction requirements. No person fishing for stone crab may transport on the water or fish with any trap which does not meet the following requirements:
(1) Each trap must be constructed of wood, plastic, or wire.
(2) A trap may be no larger in dimension than 24 by 24 by 24 inches (61 by 61 by 61 cm) or 8.0 ft3 (0.23 m3 ).
(3) The throats (entrances) to all wood and plastic traps must be located on the top horizontal section of the trap. If the throat is longer in one dimension, the throat size in the longer dimension must not exceed 51/2 inches (14.0 cm) and in the shorter dimension must not exceed 31/2 inches (9.0 cm). If the throat is round, the throat size must not exceed 5 inches (12.7 cm) in diameter.
(4) In any wire trap used to harvest stone crabs, each throat must be horizontally oriented. The width of the opening where the throat meets the vertical wall of the trap and the opening of the throat at its farthest point from the vertical wall, inside the trap, must be greater than the height of any such opening. No such throat may extend farther than 6 inches (15.2 cm) into the inside of any trap, measured from where the throat opening meets the vertical wall of the trap to the throat opening at its farthest point from the vertical wall, inside the trap.
(5) A wire trap must have at least three unobstructed escape rings installed, each with a minimum inside diameter of 23/8 inches (6.0 cm). One such escape ring must be located on a vertical outer surface adjacent to each crab retaining chamber.
(6) A plastic or wire trap must have a degradable panel.
(i) A plastic trap will be considered to have degradable panel if it contains at least one sidewall with a rectangular opening no smaller in either dimension than that of the throat. This opening may be obstructed only with a cypress or untreated pine slat or slats no thicker than 3/4 inch (1.9 cm) such that when the slat degrades, the opening in the sidewall of the trap will no longer be obstructed.
(ii) A wire trap will be considered to have a degradable panel if one of the following methods is used in construction of the trap:
(A) The trap lid tie-down strap is secured to the trap at one end by a single loop of untreated jute twine, a corrodible loop composed of non-coated steel wire measuring 24 gauge or thinner, or an untreated pine dowel no larger than 2 inches (5.1 cm) in length by 3/8 inch (0.95 cm) in diameter. The trap lid must be secured so that when the jute, corrodible loop, or pine dowel degrades, the lid will no longer be securely closed.
(B) The trap contains at least one sidewall with a vertical rectangular opening no smaller in either dimension than 6 inches (15.2 cm) in height by 3 inches (7.6 cm) in width. This opening may be laced, sewn, or otherwise obstructed by—
(1) A single length of untreated jute twine knotted only at each end and not tied or looped more than once around a single mesh bar;
(2) Untreated pine slat(s) no thicker than 3/8 inch (0.95 cm);
(3) Non-coated steel wire measuring 24 gauge or thinner;
(4) A panel of ferrous single-dipped galvanized wire mesh made of 24 gauge or thinner wire; or
(5) A rectangular panel made of any material, fastened to the trap at each of the four corners of the rectangle by rings made of non-coated 24 gauge or thinner wire or single strands of untreated jute twine. When the jute, untreated pine slat(s), non-coated steel wire, wire mesh panel, or corner fasteners degrade, the opening in the sidewall of the trap must no longer be obstructed.
(b) Daylight hours. A stone crab trap in the management area may be pulled or tended during daylight hours only—that is, from 1 hour before sunrise to 1 hour after sunset.
(c) Gear belonging to others. No fisherman may willfully tend, open, pull, or otherwise molest another fisherman's trap, buoy, or line in the management area without the prior written consent of that fisherman.
[60 FR 13919, Mar. 15, 1995, as amended at 65 FR 31835, May 19, 2000]
§ 654.23 Southwest Florida seasonal trawl closure.
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From January 1 to 1 hour after sunset (local time) May 20, each year, the area described in this section is closed to trawling, including trawling for live bait. The area is that part of the management area shoreward of a line connecting the following points (see Appendix A, Figure 2, of this part):
------------------------------------------------------------------------ North West Point Latitude Longitude------------------------------------------------------------------------B\1\........................................ 26°16[mi 81°58.5[ n] min]C........................................... 26°00[mi 82°04[mi n] n]D........................................... 25°09[mi 81°47.6[ n] min]E........................................... 24°54.5[ 81°50.5[ min] min]M\1\........................................ 24°49.3[ 81°46.4[ min] min]------------------------------------------------------------------------\1\ On the seaward limit of Florida's waters.
§ 654.24 Shrimp/stone crab separation zones.
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Five zones are established in the management area and Florida's waters off Citrus and Hernando Counties for the separation of shrimp trawling and stone crab trapping. The zones are as shown in Appendix A, Figure 3, of this part. Although Zone II is entirely within Florida's waters, it is included in this section and Appendix A, Figure 3, of this part for the convenience of fishermen. Restrictions that apply to Zone II and those parts of the other zones that are in Florida's waters are contained in Rule 46–38.001, Florida Administrative Code. Geographical coordinates of the points referred to in this paragraph and shown in Appendix A, Figure 3, of this part are as follows (loran readings are unofficial and are included only for the convenience of fishermen):
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-------------------------------------------------------------------------------------------------------------------------------------------------------- Loran Chain 7980 Point North latitude West longitude --------------------------------------------------- W X Y Z--------------------------------------------------------------------------------------------------------------------------------------------------------A....................................... 28°59[min]30[sec] 82°45[min]36[sec] 14416.5 31409.4 45259.1 62895.3B....................................... 28°59[min]30[sec] 83°00[min]10[sec] 14396.0 31386.3 45376.8 63000.0C....................................... 28°26[min]01[sec] 82°59[min]47[sec] 14301.5 31205.9 45103.2 63000.0D....................................... 28°26[min]01[sec] 82°56[min]54[sec] 14307.0 31212.2 45080.0 62981.3E....................................... 28°41[min]39[sec] 82°55[min]25[sec] 14353.7 31300.2 45193.9 62970.0F....................................... 28°41[min]39[sec] 82°56[min]09[sec] 14352.4 31298.6 45199.4 62975.0G....................................... 28°48[min]56[sec] 82°56[min]19[sec] 14372.6 31337.2 45260.0 62975.0H....................................... 28°53[min]51[sec] 82°51[min]19[sec] 14393.9 31371.8 45260.0 62938.7I....................................... 28°54[min]43[sec] 82°44[min]52[sec] (\1\) (\1\) (\1\) (\1\)J....................................... 28°51[min]09[sec] 82°44[min]00[sec] (\2\) (\2\) (\2\) (\2\)K....................................... 28°50[min]59[sec] 82°54[min]16[sec] 14381.6 31351.8 45260.0 62960.0L....................................... 28°41[min]39[sec] 82°53[min]56[sec] 14356.2 31303.0 45181.7 62960.0M....................................... 28°41[min]39[sec] 82°38[min]46[sec] (\3\) (\3\) (\3\) (\3\)N....................................... 28°41[min]39[sec] 82°53[min]12[sec] 14357.4 31304.4 45176.0 62955.0O....................................... 28°30[min]51[sec] 82°55[min]11[sec] 14323.7 31242.4 45104.9 62970.0P....................................... 28°40[min]00[sec] 82°53[min]08[sec] 14352.9 31295.7 45161.8 62955.0Q....................................... 28°40[min]00[sec] 82°47[min]58[sec] 14361.3 31305.4 45120.0 62920.0R....................................... 28°35[min]14[sec] 82°47[min]47[sec] 14348.6 31280.6 45080.0 62920.0S....................................... 28°30[min]51[sec] 82°52[min]55[sec] 14327.7 31247.0 45086.6 62955.0T....................................... 28°27[min]46[sec] 82°55[min]09[sec] 14315.2 31225.8 45080.0 62970.0U....................................... 28°30[min]51[sec] 82°52[min]09[sec] 14329.1 31248.6 45080.0 62949.9--------------------------------------------------------------------------------------------------------------------------------------------------------\1\ Crystal River Entrance Light 1A.\2\ Long Pt. (southwest tip).\3\ Shoreline.
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(a) Zone I is enclosed by rhumb lines connecting, in order, points A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points A and J. It is unlawful to trawl in that part of Zone I that is in the EEZ during the period October 5 through May 20, each year.
(b) Zone II is enclosed by rhumb lines connecting, in order, points J, I, H, K, L, and M, plus the shoreline between points J and M.
(c) Zone III is enclosed by rhumb lines connecting, in order, points P, Q, R, U, S, and P. It is unlawful to trawl in that part of Zone III that is in the EEZ during the period October 5 through May 20, each year.
(d) Zone IV is enclosed by rhumb lines connecting, in order, points E, N, S, O, and E.
(1) It is unlawful to place a stone crab trap in that part of Zone IV that is in the EEZ during the periods October 5 through December 1, and April 2 through May 20, each year.
(2) It is unlawful to trawl in that part of Zone IV that is in the EEZ during the period December 2 through April 1, each year.
(e) Zone V is enclosed by rhumb lines connecting, in order, points F, G, K, L, and F.
(1) It is unlawful to place a stone crab trap in that part of Zone V that is in the EEZ during the periods October 5 through November 30, and March 16 through May 20, each year.
(2) It is unlawful to trawl in that part of Zone V that it is in the EEZ during the period December 1 through March 15, each year.
(f) A stone crab trap, float, or rope in the management area during a period not authorized by this section will be considered unclaimed or abandoned property and may be disposed of in any manner considered appropriate by the Assistant Administrator or an authorized officer. An owner of such trap, float, or rope remains subject to appropriate civil penalties. A stone crab trap will be presumed to be the property of the most recently documented owner.
§ 654.25 Prevention of gear conflicts.
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(a) No person may knowingly place in the management area any article, including fishing gear, that interferes with fishing or obstructs or damages fishing gear or the fishing vessel of another; or knowingly use fishing gear in such a fashion that it obstructs or damages the fishing gear or fishing vessel of another.
(b) In accordance with the procedures and limitations of the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico, the Regional Administrator may modify or establish separation zones for shrimp trawling and the use of fixed gear as may be necessary and appropriate to prevent gear conflicts. Necessary prohibitions or restrictions will be published in the Federal Register.
[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]
§ 654.26 Adjustment of management measures.
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In accordance with the procedures and limitations of the fishery management plan for the Stone Crab Fishery of the Gulf of Mexico, the Regional Administrator may establish or modify the following management measures: Limitations on the number of traps that may be fished by each vessel; construction characteristics of traps; gear and vessel identification requirements; gear that may be used or prohibited in a directed fishery; bycatch levels in non-directed fisheries; seasons; soak/removal periods and requirements for traps; use, possession and handling of stone crabs aboard vessels; and minimum legal sizes.
[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]
§ 654.27 Specifically authorized activities.
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The Regional Administrator may authorize, for the acquisition of information and data, activities otherwise prohibited by the regulations in this part.
[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]
§ 654.28 Tortugas marine reserves.
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The following activities are prohibited within the Tortugas marine reserves: Fishing for any species and anchoring by fishing vessels.
(a) EEZ portion of Tortugas North. The area is bounded by rhumb lines connecting the following points: From point A at 24°40'00' N. lat., 83°06'00' W. long. to point B at 24°46'00' N. lat., 83°06'00' W. long. to point C at 24°46'00' N. lat., 83°00'00' W. long.; thence along the line denoting the seaward limit of Florida's waters, as shown on the current edition of NOAA chart 11438, to point A at 24°40'00' N. lat., 83°06'00' W. long.
(b) Tortugas South. The area is bounded by rhumb lines connecting, in order, the following points:
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------------------------------------------------------------------------ Point North lat. West long.------------------------------------------------------------------------A 24°33[mi 83°09[mi n]00[min] n]00[min]B 24°33[mi 83°05[mi n]00[min] n]00[min]C 24°18[mi 83°05[mi n]00[min] n]00[min]D 24°18[mi 83°09[mi n]00[min] n]00[min]A 24°33[mi 83°09[mi n]00[min] n]00[min]------------------------------------------------------------------------
