[Code of Federal Regulations]
[Title 50, Volume 9]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR660.705]

[Page 205-207]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 660_FISHERIES OFF WEST COAST STATES--Table of Contents
 
                  Subpart K_Highly Migratory Fisheries
 
Sec.  660.705  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter, it is unlawful for any person to do any of the 
following:
    (a) Fish for HMS in the U.S. EEZ off the Pacific coast without a 
permit issued under Sec.  660.707 for the use of authorized fishing 
gear.
    (b) Fish with gear in any closed area specified in this subpart that 
prohibits the use of such gear.
    (c) Land HMS at Pacific coast ports without a permit issued under 
Sec.  600.707 for the use of authorized fishing gear.
    (d) Sell HMS without an applicable commercial state fishery license.
    (e) When fishing for HMS, fail to return a prohibited species to the 
sea immediately with a minimum of injury.
    (f) Falsify or fail to affix and maintain vessel markings as 
required by Sec.  660.704.
    (g) Fish for HMS in violation of any terms or conditions attached to 
an exempted fishing permit issued under Sec.  600.745 of this chapter.
    (h) When a directed fishery has been closed for a specific species, 
take and retain, possess, or land that species after the closure date.
    (i) Refuse to submit fishing gear or fish subject to such person's 
control to inspection by an authorized officer, or to interfere with or 
prevent, by any means, such an inspection.
    (j) Falsify or fail to make and/or file any and all reports of 
fishing, landing, or any other activity involving HMS, containing all 
data, and in the exact manner, required by the applicable state law, as 
specified in Sec.  660.708(b).
    (k) Fail to carry aboard a vessel that vessel's permit issued under 
Sec.  660.707 or exempted fishing permit issued under Sec.  660.718, 
except if the permit was issued while the vessel was at sea.
    (l) Fail to carry a VMS unit as required under Sec.  660.712(d).
    (m) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or to attempt any of the same; or to move or 
remove a VMS unit without the prior permission of the SAC.
    (n) Make a false statement, oral or written, to an authorized 
officer, regarding the use, operation, or maintenance of a VMS unit.
    (o) Fish for, catch, or harvest HMS with longline gear without a VMS 
unit on board the vessel after installation of the VMS unit by NMFS.
    (p) Possess on board a vessel without a VMS unit HMS harvested with 
longline gear after NMFS has installed the VMS unit on the vessel.
    (q) Direct fishing effort toward the harvest of swordfish (Xiphias 
gladius) using longline gear deployed west of 150[deg] W. long. and 
north of the equator (0[deg] lat.) on a vessel registered for use of 
longline gear in violation of Sec.  660.712(a)(1).
    (r) Possess a light stick on board a longline vessel when fishing 
west of 150[deg] W. long. and north of the equator (0[deg] lat.) in 
violation of Sec.  660.712(a)(6)
    (s) Possess more than 10 swordfish on board a longline vessel from a 
fishing trip where any part of the trip included fishing west of 
150[deg] W. long. and north of the equator (0[deg] lat.) in violation of 
Sec.  660.712(a)(9).
    (t) Interfere with, impede, delay, or prevent the installation, 
maintenance, repair, inspection, or removal of a VMS unit.

[[Page 206]]

    (u) Interfere with, impede, delay, or prevent access to a VMS unit 
by a NMFS observer.
    (v) Connect or leave connected additional equipment to a VMS unit 
without the prior approval of the SAC.
    (w) Fish for HMS with a vessel registered for use of longline gear 
within closed areas or by use of unapproved gear configurations in 
violation of Sec.  660.712(a)(2), (a)(3), (a)(7), (a)(8), or (a)(9).
    (x) Fail to use a line setting machine or line shooter, with 
weighted branch lines, to set the main longline when operating a vessel 
that is registered for use of longline gear and equipped with 
monofilament main longline, when making deep sets north of 23[deg] N. 
lat. in violation of Sec.  660.712(c)(1)(i) and (c)(1)(ii).
    (y) Fail to employ basket-style longline gear such that the mainline 
is deployed slack when operating a vessel registered for use of longline 
gear north of 23[deg] N. lat. in violation of Sec.  660.712 (c)(1)(iii).
    (z) Fail to maintain and use blue dye to prepare thawed bait when 
operating a vessel registered for use of longline gear that is fishing 
north of 23[deg] N. lat., in violation of Sec.  660.712(c)(2) and 
(c)(3).
    (aa) Fail to retain, handle, and discharge fish, fish parts, and 
spent bait strategically when operating a vessel registered for use of 
longline gear that is fishing north of 23[deg] N. lat. in violation of 
Sec.  660.712 (c)(4) through (c)(7).
    (bb) Fail to handle short-tailed albatrosses that are caught by 
pelagic longline gear in a manner that maximizes the probability of 
their long-term survival, in violation of Sec.  660.712(c)(8).
    (cc) Fail to handle seabirds other than short-tailed albatross that 
are caught by pelagic longline gear in a manner that maximizes the 
probability of their long-term survival in violation of Sec.  
660.712(c)(17).
    (dd) Own a longline vessel registered for use of longline gear that 
is engaged in longline fishing for HMS without a valid protected species 
workshop certificate issued by NMFS or a legible copy thereof in 
violation of Sec.  660.712(e)(3).
    (ee) Fish for HMS on a vessel registered for use of longline gear 
without having on board a valid protected species workshop certificate 
issued by NMFS or a legible copy thereof in violation of Sec.  
660.712(e).
    (ff) Fail to carry line clippers, dip nets, and wire or bolt cutters 
on a vessel registered for use as a longline vessel in violation of 
Sec.  660.712(b).
    (gg) Fail to comply with sea turtle handling, resuscitation, and 
release requirements specified in Sec.  660.712(b)(4) through (7) when 
operating a vessel.
    (hh) Fail to comply with seabird take mitigation or handling 
techniques required under Sec.  660.712(c)
    (ii) Fish for HMS with a vessel registered for use as a longline 
vessel without being certified by NMFS for completion of an annual 
protected species workshop as required under Sec.  660.712(e).
    (jj) Fail to notify the Regional Administrator at least 24 hours 
prior to departure on a fishing trip using longline gear as required 
under Sec.  660.712(f).
    (kk) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec.  660.21, direct fishing effort toward the 
harvest of swordfish or fail to have and use gear in waters west of 
150[deg] W. long. in violation of Sec.  660.720.
    (ll) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec.  660.21, possess a light stick on board a 
longline vessel on the high seas of the Pacific Ocean west of 150[deg] 
W. long. north of the equator in violation of Sec.  660.720 (a)(ii).
    (mm) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec.  660.21, possess more than 10 swordfish 
on board a longline vessel from a fishing trip where any part of the 
trip included fishing on the high seas of the Pacific Ocean west of 
150[deg] W. long. north of the equator in violation of Sec.  660.720 
(a)(iii).
    (nn) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec.  660.21, fail to employ basket-style 
longline gear such that the mainline is deployed slack when fishing on 
the high seas of the Pacific Ocean west of 150[deg] W. long. north of 
the equator, in violation of Sec.  660.720 (a)(iv).

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    (oo) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec.  660.21, when a conventional monofilament 
longline is deployed by a vessel subject to this section, deploy fewer 
than 15 branch lines between any two floats, in violation of Sec.  
660.720 (a)(v). Vessel operators using basket-style longline gear may 
not set less than 10 branch lines between any 2 floats when fishing in 
waters west of 150[deg] W. long. north of the equator.
    (pp) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec.  660.21, fail to deploy longline gear 
such that the deepest point of the main longline between any two floats, 
i.e., the deepest point in each sag of the main line, is at a depth 
greater than 100 m (328.1 ft or 54.6 fm) below the sea surface, in 
violation of Sec.  660.720 (a)(vi).