Regulations and other useful info

D E E PD E E P Posts: 1,614 Moderator
Please feel free to add links you believe will be useful for fishermen and boaters.

Replies

  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    CFR

    http://www.ecfr.gov/cgi-bin/text-idx?SID=86d3e4e21c5c4a3cd94b7f259d8700e1&node=50:12.0.1.1.2&rgn=div5


    http://sero.nmfs.noaa.gov/sustainable_fisheries/policy_branch/

    Gulf Council:

    Click on this link to see Gulf fishing regulations.

    http://www.gulfcouncil.org/

    Click on this link to see South Atlantic fishing regulations.

    South Atlantic Council:

    http://www.safmc.net/

    Click on this link to see Caribbean Regulations.

    Caribbean Council:

    http://www.caribbeanfmc.com/



    (b) Prohibited species. (1) Goliath grouper may not be harvested or possessed in the South Atlantic EEZ. Goliath grouper taken in the South Atlantic EEZ incidentally by hook-and-line must be released immediately by cutting the line without removing the fish from the water.


    CAN NOT RETURN TO THE DOCK WITH FILLETS:


    §622.10 Landing fish intact—-general.
    This section contains requirements for landing fish intact that are broadly applicable to finfish in the Gulf EEZ and Caribbean EEZ, as specified. See subparts B through V, as applicable, for additional species specific requirements for landing fish intact.

    (a) Finfish in or from the Gulf EEZ or Caribbean EEZ, except as specified in paragraphs (b) and (c) of this section, must be maintained with head and fins intact.

    (b) Shark, swordfish, and tuna species are exempt from the requirements of paragraph (a) of this section.

    (c) In the Gulf EEZ or Caribbean EEZ:

    (1) Bait is exempt from the requirement to be maintained with head and fins intact.

    (i) For the purpose of this paragraph (c)(1), “bait” means—

    (A) Packaged, headless fish fillets that have the skin attached and are frozen or refrigerated;

    (B) Headless fish fillets that have the skin attached and are held in brine; or

    (C) Small pieces no larger than 3 in3 (7.6 cm3) or strips no larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin attached and are frozen, refrigerated, or held in brine.

    (ii) Paragraph (c)(1)(i) of this section notwithstanding, a finfish or part thereof possessed in or landed from the Gulf EEZ or Caribbean EEZ that is subsequently sold or purchased as a finfish species, rather than as bait, is not bait.

    (2) Legal-sized finfish possessed for consumption at sea on the harvesting vessel are exempt from the requirement to have head and fins intact, provided—

    (i) Such finfish do not exceed any applicable bag limit;

    (ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per person aboard; and

    (iii) The vessel is equipped to cook such finfish on board.

    (d) The operator of a vessel that fishes in the EEZ is responsible for ensuring that fish on that vessel in the EEZ are maintained intact and, if taken from the EEZ, are maintained intact through offloading ashore, as specified in this section.
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    §622.13 Prohibitions—general.
    In addition to the general prohibitions in §600.725 of this chapter, it is unlawful for any person to do any of the following:


    (a) Engage in an activity for which a valid Federal permit, license, or endorsement is required under this part without such permit, license, or endorsement.

    (b) Falsify information on an application for a permit, license, or endorsement or submitted in support of such application, as specified in this part.

    (c) Fail to display a permit, license, or endorsement, or other required identification, as specified in this part.

    (d) Falsify or fail to maintain, submit, or provide information or fail to comply with inspection requirements or restrictions, as specified in this part.

    (e) Fail to make a fish, or parts thereof, available for inspection, as specified in this part.

    (f) Falsify or fail to display and maintain vessel and gear identification, as specified in this part.

    (g) Harvest or possess fish if the required headboat reports have not been submitted in accordance with this part.

    (h) First receive fish from federally permitted vessels if the required reports have not been submitted in accordance with §622.5(c).

    (i) Fail to comply with any requirement or restriction regarding ITQ coupons, as specified in §622.172.

    (j) Possess wreckfish as specified in §622.172, receive wreckfish except as specified in §622.172, or offload a wreckfish except as specified in §622.172.

    (k) Transfer—

    (1) A wreckfish, as specified in §622.172;

    (2) A limited-harvest species, as specified in this part;

    (3) A species/species group subject to a bag limit, as specified in this part;

    (4) South Atlantic snapper-grouper from a vessel with unauthorized gear on board, as specified in §622.188; or

    (5) A species subject to a commercial trip limit, as specified in this part.

    (l) Use or possess prohibited gear or methods or possess fish in association with possession or use of prohibited gear, as specified in this part.

    (m) Fish for, harvest, or possess a prohibited species, or a limited-harvest species in excess of its limitation, sell or purchase such species, fail to comply with release requirements, molest or strip eggs from a lobster, or possess a lobster, or part thereof, from which eggs, swimmerettes, or pleopids have been removed or stripped, as specified in this part.

    (n) Fish in violation of the prohibitions, restrictions, and requirements applicable to seasonal and/or area closures, including but not limited to: Prohibition of all fishing, gear restrictions, restrictions on take or retention of fish, fish release requirements, and restrictions on use of an anchor or grapple, as specified in this part or as may be specified under this part.

    (o) Harvest, possess, offload, sell, or purchase fish in excess of the seasonal harvest limitations, as specified in this part.

    (p) Except as allowed for king and Spanish mackerel and Gulf of Mexico and South Atlantic spiny lobster, possess undersized fish, fail to release undersized fish, or sell or purchase undersized fish, as specified in this part.

    (q) Fail to maintain a fish intact through offloading ashore, as specified in this part.

    (r) Exceed a bag or possession limit, as specified in this part.

    (s) Fail to comply with the limitations on traps and pots, including but not limited to: Tending requirements, constructions requirements, and area specific restrictions, as specified in this part.

    (t) Fail to comply with the species-specific limitations, as specified in this part.

    (u) Fail to comply with the restrictions that apply after closure of a fishery, sector, or component of a fishery, as specified in this part.

    (v) Possess on board a vessel or land, purchase, or sell fish in excess of the commercial trip limits, as specified in this part.

    (w) Fail to comply with the restrictions on sale/purchase, as specified in this part.

    (x) Interfere with fishing or obstruct or damage fishing gear or the fishing vessel of another, as specified in this part.

    (y) Fail to comply with the requirements for observer coverage as specified in this part.

    (z) Assault, resist, oppose, impede, intimidate, or interfere with a NMFS-approved observer aboard a vessel.

    (aa) Prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer from conducting his or her duties aboard a vessel.

    (bb) Fish for or possess golden crab in or from a fishing zone or sub-zone of the South Atlantic EEZ other than the zone or sub-zone for which the vessel is permitted or authorized, as specified in §622.241.

    (cc) Falsify information submitted regarding an application for testing a BRD or regarding testing of a BRD, as specified in §§622.53 and 622.207.

    (dd) Make a false statement, oral or written, to an authorized officer regarding the installation, use, operation, or maintenance of a vessel monitoring system (VMS) unit or communication service provider.

    (ee) Operate or own a vessel that is required to have a permitted operator aboard when the vessel is at sea or offloading without such operator aboard, as specified in this part.

    (ff) When a vessel that is subject to Federal fishing regulations is at sea or offloading, own or operate such vessel with a person aboard whose operator permit is revoked, suspended, or modified.

    (gg) Fail to comply with any provision related to a vessel monitoring system (VMS) as specified in this part, including but not limited to, requirements for use, installation, activation, access to data, procedures related to interruption of VMS operation, and prohibitions on interference with the VMS.

    (hh) Fail to comply with the protected species conservation measure as specified in this part.

    (ii) Fail to comply with any provision related to the IFQ program for Gulf red snapper as specified in §622.21, or the IFQ program for Gulf groupers and tilefishes as specified in §622.22.

    (jj) Falsify any information required to be submitted regarding the IFQ program for Gulf red snapper as specified in §622.21, or the IFQ program for Gulf groupers and tilefishes as specified in §622.22.

    (kk) Fail to comply with the Caribbean, Gulf of Mexico, and South Atlantic spiny lobster import prohibitions, as specified in this part.

    (ll) Possess a Gulf of Mexico or South Atlantic spiny lobster trap in the EEZ at a time not authorized, as specified in subpart R.

    (mm) Harvest or attempt to harvest a Gulf of Mexico or South Atlantic spiny lobster by diving without having and using in the water a measuring device, as specified in subpart R.

    (nn) Possess Gulf of Mexico or South Atlantic spiny lobsters aboard a vessel that uses or has on board a net or trawl in an amount exceeding the limits, as specified in subpart R.

    (oo) Operate a vessel that fishes for or possesses Gulf of Mexico or South Atlantic spiny lobster in or from the EEZ with spiny lobster aboard in an amount exceeding the cumulative bag and possession limit, as specified in subpart R.

    (pp) Fail to comply with any provision related to the Offshore Marine Aquaculture program in the Gulf of Mexico as specified in this part.

    (qq) Falsify any information required to be submitted regarding the Offshore Marine Aquaculture program in the Gulf of Mexico as specified in this part.

    (rr) Land allowable aquaculture species cultured in the Gulf at non-U.S. ports, unless first landed at a U.S. port.

    (ss) Fail to comply with any other requirement or restriction specified in this part or violate any provision(s) in this part.

    [78 FR 57535, Sept. 19, 2013, as amended at 78 FR 78781, Dec. 27, 2013; 79 FR 6099, Feb. 3, 2014; 79 FR 19494, Apr. 9, 2014; 81 FR 1792, Jan. 13, 2016]
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    Swimming and Feeding Marine Mammals -

    The Marine Mammal Protection Act protects wild dolphins from harassment. Feeding, touching, and pursuing dolphins are considered harassment and are subject to enforcement actions. There is scientific evidence that increased human interaction with wild dolphins reduces their fear of humans, resulting in injuries to the animals from boat strikes, increased numbers of bites to people from animals, and increased interactions such as taking of bait and catch from anglers and commercial fishermen. Illegal feeding has shown to increase depredation, reduce body weight, increase calf mortality, and increase the animal’s dependence on man.
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • BacDocBacDoc Posts: 681 Officer
    Heard something about red snapper season in Atlantic waters opening this June. Click on this "sticky" to see if new regs are here and last posting is from?......November 2012?

    Great to see all the work done to keep us all well informed! I mean it's not like these laws are so complicated and you need a law degree to know the difference between fishing and catching and breaking laws.
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    Southeast Region:

    http://sero.nmfs.noaa.gov/

    Report a Violation

    To report a violation call the NOAA Enforcement Hotline at

    1-800-853-1964
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC



    All fish, except for bait and oceanic migratory species, taken from federal waters must
    have heads and fins intact through landing. Up to 1.5 pounds of finfish per person is
    exempt from this rule for personal consumption, provided the vessel is equipped to
    cook such finfish.


    §622.10 Landing fish intact—-general.


    This section contains requirements for landing fish intact that are broadly applicable to finfish in the Gulf EEZ and Caribbean EEZ, as specified. See subparts B through V, as applicable, for additional species specific requirements for landing fish intact.

    (a) Finfish in or from the Gulf EEZ or Caribbean EEZ, except as specified in paragraphs (b) and (c) of this section, must be maintained with head and fins intact.

    (b) Shark, swordfish, and tuna species are exempt from the requirements of paragraph (a) of this section.

    (c) In the Gulf EEZ or Caribbean EEZ:

    (1) Bait is exempt from the requirement to be maintained with head and fins intact.

    (i) For the purpose of this paragraph (c)(1), “bait” means—

    (A) Packaged, headless fish fillets that have the skin attached and are frozen or refrigerated;

    (B) Headless fish fillets that have the skin attached and are held in brine; or


    (C) Small pieces no larger than 3 in3 (7.6 cm3) or strips no larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin attached and are frozen, refrigerated, or held in brine.

    (ii) Paragraph (c)(1)(i) of this section notwithstanding, a finfish or part thereof possessed in or landed from the Gulf EEZ or Caribbean EEZ that is subsequently sold or purchased as a finfish species, rather than as bait, is not bait.

    (2) Legal-sized finfish possessed for consumption at sea on the harvesting vessel are exempt from the requirement to have head and fins intact, provided—

    (i) Such finfish do not exceed any applicable bag limit;

    (ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per person aboard; and

    (iii) The vessel is equipped to cook such finfish on board.

    (d) The operator of a vessel that fishes in the EEZ is responsible for ensuring that fish on that vessel in the EEZ are maintained intact and, if taken from the EEZ, are maintained intact through offloading ashore, as specified in this section.
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    §622.186 Landing fish intact.

    (a) South Atlantic snapper-grouper in or from the South Atlantic EEZ must be maintained with head and fins intact, except as specified in paragraph (b) of this section. Such fish may be eviscerated, gilled, and scaled, but must otherwise be maintained in a whole condition. The operator of a vessel that fishes in the EEZ is responsible for ensuring that fish on that vessel in the EEZ are maintained intact and, if taken from the EEZ, are maintained intact through offloading ashore, as specified in this section.


    (b) In the South Atlantic EEZ, snapper-grouper lawfully harvested in Bahamian waters are exempt from the requirement that they be maintained with head and fins intact, provided that the skin remains intact on the entire fillet of any snapper-grouper carcasses, valid Bahamian fishing and cruising permits are on board the vessel, each person on the vessel has a valid government passport with current stamps and dates from The Bahamas, and the vessel is in transit through the South Atlantic EEZ with fishing gear appropriately stowed. For the purpose of this paragraph, a vessel is in transit through the South Atlantic EEZ when it is on a direct and continuous course through the South Atlantic EEZ and no one aboard the vessel fishes in the EEZ. For the purpose of this paragraph, fishing gear appropriately stowed means that terminal gear (i.e., hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy gear, handline, or rod and reel must be disconnected and stowed separately from such fishing gear. Sinkers must be disconnected from the down rigger and stowed separately. See §622.187(a)(3) for the limit of snapper-grouper fillets lawfully harvested from Bahamian waters that may transit through the South Atlantic EEZ.
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    Additional Rules

    Two-Day Bag Limit Persons on qualified charter vessels or headboats with two captains for trips in excess of 24 hours may possess a 2-day bag limit of reef fish, king mackerel, and Spanish
    mackerel. One-day bag limits apply to all other species and trips, regardless of length.


    Head & Fins Attached All fish, except for bait and oceanic migratory species, taken from federal waters must have heads and fins intact through landing. Up to 1.5 pounds of finfish per person is
    exempt from this rule for personal consumption, provided the vessel is equipped to
    cook such finfish.

    For-Hire Captains and Crew

    For-hire captains and crew are prohibited from retaining bag limits of any grouper, red
    snapper, or greater amberjack while under charter.

    Federally Permitted For-Hire Reef Fish Vessels

    Federally permitted for-hire reef fish vessels must comply with the more restrictive of
    federal or state reef fish regulations when fishing for reef fish in state waters.

    Reef Fish as Bait The use of federally managed reef fish as bait is prohibited.

    Non-Stainless Steel Circle Hooks

    Non-stainless steel circle hooks, along with dehooking devices, are required when
    angling for reef fish in federal waters.

    Sale of Recreationally Caught Reef Fish Reef fish taken under the recreational bag limit may not be sold.

    Care and Release of Incidental Catch of Smalltooth Sawfish and Sea Turtle

    Operators of vessels with Gulf of Mexico reef fish commercial or charter vessel/headboat
    permits must comply with guidelines for proper care and release of incidentally
    caught smalltooth sawfish and sea turtles and must possess onboard specific gear to
    ensure proper release of such species.
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement
  • NOAA-EnforcementNOAA-Enforcement Posts: 202 Moderator
    Highly Migratory Species

    All HMS species, except blackfin tuna, require an HMS Angling Category permit from NOAA Fisheries. Permits are available by calling 888-872-8862, or by visiting www.nmfspermits.com. No sale permitted for HMS species caught under an angling permit. Additional recreational reporting requirements apply for swordfish, billfish, and Atlantic bluefin tuna. For complete HMS regulations contact NOAA Fisheries HMS Management Division at 301-713-2347, or visit www.nmfspermits.com.

    For updates on tuna quota monitoring and tuna retention limit adjustments, anglers may call the Atlantic
    Tunas Information Line at 888-872-8862 or visit www.nmfspermits.com. For more information on tunas, contact the HMS Management Division at 978-281-9260. Recreational swordfish and billfish landings should be reported to 800-984-5528.
    My purpose on this site is to help everyone understand Federal Fishery Regulations and to provide information. Working with the Florida Sportsman is a collateral (volunteer) duty I asked for and enjoy; I will only give you an answer that I’m willing to put my name on and stand behind. Sometimes that means checking with other agents/offices in the area of concern.
    Please Stay Safe And Have A Wonderful Day.
    Special Agent Allan Coker
    NOAA's Office For Fishery Law Enforcement

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