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§600.1405. Angler registration.

50 C.F.R. § 600.1405

(a)
Effective January 1, 2010, the requirements of this section apply to any person who does any of the following:
(1)
Engages in angling or spearfishing for—
(i)
Fish in the EEZ;
(ii)
Anadromous species in any tidal waters; or
(iii)
Continental Shelf fishery resources beyond the EEZ.
(2)
Operates a for-hire fishing vessel in the EEZ.
(3)
Operates a for-hire fishing vessel that engages in angling or spearfishing for—
(i)
Anadromous species in any tidal waters; or
(ii)
Continental shelf fishery resources beyond the EEZ.
(4)
Possesses equipment used for angling or spearfishing and also possesses—
(i)
Fish in the EEZ;
(ii)
Anadromous species in any tidal waters; or
(iii)
Continental shelf fishery resources beyond the EEZ.
(b)
No person may engage in the activities listed in paragraph (a) of this section unless that person:
(1)
Has registered annually with NMFS in accordance with § 600.1410 of this part;
(2)
Holds a valid fishing license issued by, or is registered by, an exempted state;
(3)
Is a resident of an exempted state, but is not required to hold a fishing license, or to be registered to fish, under the laws of that state;
(4)
Holds a permit issued by NMFS for for-hire fishing under 50 CFR 622.4(a)(1), 635.4(b), 648.4(a), or 660.707(a)(1);
(5)
Is under the age of 16;
(6)
Is angling aboard a for-hire fishing vessel that is in compliance with NMFS and state for-hire vessel permit, license or registration requirements;
(7)
Holds a commercial fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and conditions of such license or permit;
(8)
Holds an HMS Angling permit under 50 CFR 635.4(c) or a MHI Non-commercial Bottomfish permit under 50 CFR 665.203(a)(2);
(9)
Holds a subsistence fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and conditions of such license or permit; or
(10)
Is angling or spearfishing for, or operating a for-hire fishing vessel that engages in fishing for, anadromous species or Continental Shelf fishery resources, in waters under the control of a foreign nation.
(c)
Any angler or spear fisher or operator of a for-hire vessel must, on request of an authorized officer, produce the NMFS registration number and certificate or evidence that such person or for-hire vessel operator is exempt from the registration requirement pursuant to § 600.1405(b)(2) through § 600.1405(b)(10).
Notes, amendments, and revision history

Amendments

[73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012]

Source

Source: 73 FR 79717, Dec. 30, 2008, unless otherwise noted.

Authority

Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

Source

Source: 61 FR 32540, June 24, 1996, unless otherwise noted.

Amendments

[73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012]