§660.212. Non-trawl fishery—prohibitions.
50 C.F.R. § 660.212
These prohibitions are specific to the limited entry non-trawl fisheries and to the limited entry trawl fishery Shorebased IFQ Program under gear switching. In addition to the general prohibitions specified in §§ 660.12 and 600.725 of this chapter, it is unlawful for any person to:
General.
Possess, deploy, haul, or carry onboard a fishing vessel subject to subparts C and E a set net, trap or pot, longline, or commercial vertical hook-and-line as defined at § 660.11, subpart C, that is not in compliance with the gear restrictions in § 660.230, subpart E, unless such gear is the gear of another vessel that has been retrieved at sea and made inoperable or stowed in a manner not capable of being fished. The disposal at sea of such gear is prohibited by Annex V of the International Convention for the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).
Take and retain, possess, or land more than a single cumulative limit of a particular species, per vessel, per applicable cumulative limit period, except for sablefish taken in the limited entry non-trawl sablefish primary season from a vessel authorized to fish in that season, as described at § 660.231 and except for IFQ species taken in the Shorebased IFQ Program from a vessel authorized under gear switching provisions as described at § 660.140(k).
Transport fish, if that fish includes any amount of sablefish, away from the point of landing before being sorted and weighed by federal groundfish species or species group, and recorded for submission on an electronic fish ticket under § 660.213(e). (If fish will be transported to a different location for processing, all sorting and weighing to federal groundfish species groups must occur before transporting the fish away from the point of landing).
Mix fish from more than one landing, where one or more of the landings includes any sablefish, prior to the fish being sorted and weighed for reporting on an electronic fish ticket under § 660.213(e).
Process, sell, or discard any fish, if that fish includes any amount of sablefish, that has not been accounted for on an electronic fish ticket under § 660.213(e).
Recordkeeping and reporting.
Fail to comply with all recordkeeping and reporting requirements at § 660.13, subpart C; including failure to submit information, or submission of inaccurate or false information on any report required at § 660.13(d), subpart C, and § 660.213.
Falsify or fail to make and/or file, retain or make available any and all reports of groundfish landings that include sablefish, containing all data, and in the exact manner, required by the regulation at § 660.13, subpart C, or § 660.213.
Fishing in conservation areas.
Operate a vessel registered to a limited entry permit with a non-trawl or trawl endorsement and non-trawl gear onboard in an applicable GCA (as defined at § 660.230(d)), except for purposes of continuous transiting, with all groundfish non-trawl gear stowed in accordance with paragraph (a) of this section or except as authorized in the groundfish management measures at § 660.230.
Fish with bottom contact gear (defined at § 660.11) within specific EFHCAs or the DECA, as specified in § 660.12(a).
Fish inside the Non-Trawl RCA with any gear type other than those specified at § 660.230(b)(6). In addition, a vessel may not carry more than one gear type as specified at § 660.230(b)(6) on board while declared to fish inside the Non-Trawl RCA (see § 660.13(d)(4)(iv)(A) for valid declarations for use inside the Non-Trawl RCA).
Sablefish fisheries.
Take and retain, possess or land sablefish under the tier limits provided for the limited entry, non-trawl sablefish primary season, described in § 660.231(b)(3), from a vessel that is not registered to a limited entry permit with a sablefish endorsement.
Take and retain, possess or land sablefish in the sablefish primary season, described at § 660.231(b), unless the owner of the limited entry permit registered for use with that vessel and authorizing the vessel to fish in the sablefish primary season is on board that vessel. Exceptions to this prohibition are provided at § 660.231(b)(4)(i) and (ii).
Process sablefish taken at-sea in the limited entry non-trawl sablefish primary fishery defined at § 660.231, from a vessel that does not have a sablefish at-sea processing exemption, described at § 660.25(b)(6)(i).
Cost Recovery.
Fail to fully pay or collect any fee due under the cost recovery program specified at § 660.231 and/or otherwise avoid, decrease, interfere with, hinder, or delay any such payment or collection.
Fail to maintain records as required by § 660.213 and/or fail to make reports to NMFS as required under § 660.213.
Refuse to allow NMFS employees, agents, or contractors to review and audit all records and other information required to be maintained as set forth in § 660.213.
Make any false statement to NMFS, including any NMFS employee, agent or contractor, concerning a matter related to the cost recovery program described in this subpart.
Obstruct, prevent, or delay, or attempt to obstruct, prevent, or delay, any audit or investigation NMFS employees, agents, or contractors conduct, or attempt to conduct, in connection with any of the matters in the cost recovery program described in this subpart.
Notes, amendments, and revision history
Amendments
[75 FR 60897, Oct. 1, 2010, as amended at 75 FR 78427, Dec. 15, 2010; 76 FR 53838, Aug. 30, 2011; 76 FR 74746, Dec. 1, 2011; 81 FR 84430, Nov. 23, 2016; 84 FR 63991, Nov. 19, 2019; 88 FR 83848, Dec. 1, 2023; 89 FR 101522, Dec. 16, 2024; 91 FR 46007, July 22, 2026]
Source
Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.
Authority
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
Source
Source: 61 FR 34572, July 2, 1996, unless otherwise noted.
Amendments
[75 FR 60897, Oct. 1, 2010, as amended at 75 FR 78427, Dec. 15, 2010; 76 FR 53838, Aug. 30, 2011; 76 FR 74746, Dec. 1, 2011; 81 FR 84430, Nov. 23, 2016; 84 FR 63991, Nov. 19, 2019; 88 FR 83848, Dec. 1, 2023; 89 FR 101522, Dec. 16, 2024; 91 FR 46007, July 22, 2026]