---
kind: "section"
citation: "50 C.F.R. § 622.379"
title: "50"
number: "622.379"
heading: "Incidental catch allowances."
url: "https://uscodex.org/cfr/50/622.379"
---

# §622.379. Incidental catch allowances.

- (a) **Purse seine incidental catch allowance.** A vessel in the EEZ, or having fished in the EEZ, with a purse seine on board will not be considered as fishing, or having fished, for king or Spanish mackerel in violation of a prohibition of purse seines under [§ 622.375(b)](/cfr/50/622.375.md?p=b), in violation of the possession limits under [§ 622.375(b)(3)](/cfr/50/622.375.md?p=b-3), or, in the case of king mackerel from the Atlantic migratory group, in violation of a closure effected in accordance with [§ 622.8(b)](/cfr/50/622.8.md?p=b), provided the king mackerel on board does not exceed 1 percent, or the Spanish mackerel on board does not exceed 10 percent, of all fish on board the vessel. Incidental catch will be calculated by number and/or weight of fish. Neither calculation may exceed the allowable percentage. Incidentally caught king or Spanish mackerel are counted toward the quotas provided for under [§ 622.384](/cfr/50/622.384.md) and are subject to the prohibition of sale under [§ 622.384(e)(2)](/cfr/50/622.384.md?p=e-2).
- (b) **Shark gillnet incidental catch allowance.** A vessel in the Atlantic EEZ with a valid Federal Atlantic commercial shark directed permit and a valid Federal king mackerel commercial permit that is engaged in directed shark fishing with gillnets that are not an authorized gear for Atlantic migratory group king mackerel (See [§ 622.375(a)(1)(i)](/cfr/50/622.375.md?p=a-1-i)), may retain and sell a limited number of king mackerel. Any king mackerel retained must be sold to a dealer with a valid Federal Gulf and South Atlantic dealer permit.
  - (1) **Northern zone.** No more than three king mackerel per crew member may be retained or sold per trip (See [§ 622.385(a)(1)(i)](/cfr/50/622.385.md?p=a-1-i) for the commercial trip limit for directed king mackerel trips using authorized gillnets (in the Atlantic EEZ north of 34°37.3′ N. lat., the latitude of Cape Lookout, NC)).
  - (2) **Southern zone.** No more than two king mackerel per crew member may be retained or sold per trip.

## Notes

### Amendments

[82 FR 17397, Apr. 11, 2017, as amended at 82 FR 35660, Aug. 1, 2017]

### Authority

Authority: 16 U.S.C. 1801 et seq.

### Source

Source: 78 FR 22952, Apr. 17, 2013, unless otherwise noted.

### Amendments

[82 FR 17397, Apr. 11, 2017, as amended at 82 FR 35660, Aug. 1, 2017]