50 C.F.R. § 635.21 [Effective Until1/1/2023] Gear Operation and Deployment Restrictions
Library | Code of Federal Regulations |
Edition | 2022 Edition |
Currency | Current through December 31, 2022 |
(a)
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(1) An Atlantic HMS harvested from its
management unit that is not retained must be released in a manner that will
ensure maximum probability of survival, but without removing the fish from the
water.
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(2) If a billfish is caught
by a hook and not retained, the fish must be released by cutting the line near
the hook or by using a dehooking device, in either case without removing the
fish from the water.
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(3)
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(4) Any person on board a vessel that is
issued a commercial shark permit must release all shortfin mako sharks, whether
alive or dead, caught with any gear other than pelagic longline, bottom
longline, or gillnet gear, except that any person on board a vessel that is
issued a commercial shark permit in combination with a permit that has a shark
endorsement may retain shortfin mako sharks subject to the recreational minimum
size limits in §
the recreational retention limits in §
635.20,
and authorized gear requirements in §
635.22. 635.19
(b)
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(1) All vessels that
have pelagic or bottom longline gear onboard and that have been issued, or are
required to have, a swordfish, shark, or Atlantic Tunas Longline category LAP
for use in the Atlantic Ocean including the Caribbean Sea and the Gulf of
Mexico must possess inside the wheelhouse the document provided by NMFS
entitled "Careful Release Protocols for Sea Turtle Release with Minimal
Injury," and must also post inside the wheelhouse the sea turtle handling and
release guidelines provided by NMFS.
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(2) Transiting and gear stowage: If a vessel
issued or required to be issued a LAP under this part has pelagic or bottom
longline gear onboard and is in a closed or gear restricted area as designated
in paragraph (c)(2) of this section or a monitoring area designated in
paragraph (c)(3) of this section that has been closed, it is a rebuttable
presumption that any fish on board such a vessel were taken with pelagic or
bottom longline gear in the area except where such possession is aboard a
vessel transiting such an area with all fishing gear stowed appropriately.
Longline gear is stowed appropriately if all gangions and hooks are
disconnected from the mainline and are stowed on or below deck, hooks are not
baited, and all buoys and weights are disconnected from the mainline and drum
(buoys may remain on deck).
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(3)
When a marine mammal or sea turtle is hooked or entangled by pelagic or bottom
longline gear, the operator of the vessel must immediately release the animal,
retrieve the pelagic or bottom longline gear, and move at least 1 nm (2 km)
from the location of the incident before resuming fishing. Similarly, when a
smalltooth sawfish is hooked or entangled by bottom longline gear, the operator
of the vessel must immediately release the animal, retrieve the bottom longline
gear, and move at least 1 nm (2 km) from the location of the incident before
resuming fishing. Reports of marine mammal entanglements must be submitted to
NMFS consistent with regulations in §
of
this title. 229.6
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(4) Vessels that have
pelagic or bottom longline gear on board and that have been issued, or are
required to have been issued, a permit under this part must have only
corrodible hooks on board.
(c)
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(1) If a vessel issued or required to be
issued a permit under this part:
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(2) If pelagic longline gear is on
board a vessel issued or required to be issued a LAP under this part, persons
aboard that vessel may not fish or deploy any type of fishing gear
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