Section 660.312 - Open access fishery-prohibitionsIn addition to the general prohibitions specified in §§ 660.12 and 600.725 of this chapter, it is unlawful for any person to:
(a)General.(1) Take and retain, possess, or land groundfish in excess of the landing limit for the open access fishery without having a valid limited entry permit for the vessel affixed with a gear endorsement for the gear used to catch the fish.(2)Black rockfish fisheries. Have onboard a commercial hook-and-line fishing vessel (other than a vessel operated by persons under § 660.60 (c)(1)(ii) , subpart C), more than the amount of the trip limit set for black rockfish by § 660.330(e) while that vessel is fishing between the U.S.-Canada border and Cape Alava (48°09'30" N. lat.), or between Destruction Island (47°40'00" N. lat.) and Leadbetter Point (46°38'10" N. lat.).(3) 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 § 660.313(f) . (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).(4) Mix fish from more than one landing, where one or more of the landings includes any amount of sablefish, prior to the fish being sorted and weighed for reporting on an electronic fish ticket under § 660.313(f) .(5) 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 § 660.313(f) .(b)Recordkeeping and reporting.(1) 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 § 660.313 .(2) 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 § 660.313 .(c)Gear.(1) Possess, deploy, haul, or carry onboard a fishing vessel subject to this subpart a set net, trap or pot, longline, or commercial vertical hook-and-line that is not in compliance with the gear restrictions in § 660.330(b) , subpart F, 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).(2) Fish with dredge gear (defined in § 660.11 ) anywhere within EFH within the EEZ, as defined by latitude/longitude coordinates at § 660.75 .(3) Fish with beam trawl gear (defined in § 660.11 ) anywhere within EFH within the EEZ, as defined by latitude/longitude coordinates at § 660.75 .(4) Fish with bottom trawl gear with a footrope diameter greater than 19 inches (48 cm) (including rollers, bobbins, or other material encircling or tied along the length of the footrope) anywhere in EFH within the EEZ, as defined by latitude/longitude coordinates at § 660.75 .(d)Fishing in conservation areas with open access gears.(1) Operate a vessel with non-groundfish trawl gear onboard in any applicable GCA (as defined at § 660.330(d) ) except for purposes of continuous transiting, with all trawl gear stowed in accordance with § 660.330(b) , or except as authorized in the groundfish management measures published at § 660.330 .(2) Operate a vessel in an applicable GCA (as defined at § 660.330(d) that has nontrawl gear onboard and is not registered to a limited entry permit on a trip in which the vessel is used to take and retain or possess groundfish in the EEZ, possess or land groundfish taken in the EEZ, except for purposes of continuous transiting, with all groundfish nontrawl gear stowed in accordance with § 660.330(b) , or except as authorized in the groundfish management measures published at § 660.330 .(3) Fish with bottom contact gear (defined at § 660.11 ) within specific EFHCAs or the DECA, as specified in § 660.12(a) .(4) Fish with bottom trawl gear (defined at § 660.11 ) anywhere within EFH seaward of a line approximating the 700-fm (1280-m) depth contour, as defined in § 660.76 . For the purposes of regulation, EFH seaward of 700-fm (1280-m) within the EEZ is described at § 660.75 .(5) Fish with bottom trawl gear (defined at § 660.11 ) with a footrope diameter greater than 8 inches (20 cm) (including rollers, bobbins or other material encircling or tied along the length of the footrope) anywhere within the EEZ shoreward of a line approximating the 100-fm (183-m) depth contour (defined at § 660.73 ).(6) Fish with bottom trawl gear (defined at § 660.11 ), within the EEZ in the following EFHCAs (defined at §§ 660.77 and 660.78 ): Olympic 2, Biogenic 1, Biogenic 2, Quinault Canyon, Grays Canyon, Willapa Canyonhead, Willapa Deep, Biogenic 3, Astoria Deep, Astoria Canyon, Nehalem Bank/Shale Pile, Garibaldi Reef North, Garibaldi Reef South, Siletz Deepwater, Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Hydrate Ridge, Heceta Bank, Deepwater off Coos Bay, Arago Reef, Bandon High Spot, Rogue Canyon, and Rogue River Reef.(7) Fish with bottom trawl gear (defined at § 660.11 ), other than demersal seine, unless otherwise specified in this section or § 660.330 , within the EEZ in the following EFHCAs (defined at § 660.79 ): Brush Patch, Trinidad Canyon, Mad River Rough Patch, Samoa Deepwater, Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada Canyon, Tolo Bank, Navarro Canyon, Point Arena North, Point Arena South Biogenic Area, the Football, Gobbler's Knob, Point Reyes Reef, Cordell Bank/Biogenic Area, Rittenburg Bank, Farallon Islands/Fanny Shoal/Cochrane Bank, Farallon Escarpment, Half Moon Bay, Pescadero Reef, Pigeon Point Reef, Ascension Canyonhead, South of Davenport, Monterey Bay/Canyon, West of Sobranes Point, Point Sur Deep, Big Sur Coast/Port San Luis, La Cruz Canyon, West of Piedras Blancas State Marine Conservation Area, East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank, Catalina Island, Potato Bank, Cherry Bank, Cowcod EFHCA East, and Southern California Bight.(8) Fish inside the nontrawl RCA with any gear type other than those specified at § 660.330(b)(3) . In addition, a vessel may not carry more than one gear type as specified at § 660.330(b)(3) on board while declared to fish inside the nontrawl RCA (see § 660.13(d)(4)(iv)(A) for valid declarations for use inside the nontrawl RCA). 75 FR 60897 , Oct. 1, 2010, as amended at 81 FR 84433 , Nov. 23, 2016; 84 FR 63992 , Nov. 19, 2019; 88 FR 83852 , Dec. 1, 2023 81 FR 84433 , 12/23/2016; 84 FR 63992 , 1/1/2020; 88 FR 83852 , 1/1/2024