50 CFR 404.10 - Commercial fishing.

Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 404.10 Commercial fishing.

(a) Lobster fishing. Any commercial lobster fishing permit is subject to a zero annual harvest limit condition.

(b) Fishing and bottomfish and pelagic species.

(1) Notwithstanding the prohibitions in § 404.7(a) and (h), commercial fishing for bottomfish and associated pelagic species may continue within the Monument subject to paragraph (c) of this section, until June 15, 2011, provided that:

(i) The fishing is conducted in accordance with a valid commercial bottomfish permit issued by NOAA; and

(ii) Such permit was in effect on June 15, 2006, and is subsequently renewed pursuant to NOAA regulations at 50 CFR part 665, subpart E as necessary.

(2) Total landings for each fishing year from fishing allowed under paragraph (b)(1) of this section may not exceed the following amounts:

(i) 350,000 pounds for bottomfish species; and

(ii) 180,000 pounds for pelagic species.

(3) Commercial fishing for bottomfish and associated pelagic species is prohibited in the Monument after June 15, 2011.

(c) General requirements. Any commercial fishing within the Monument shall be conducted in accordance with the following restrictions and conditions:

(1) A valid permit or facsimile of a valid permit shall be on board the fishing vessel and available for inspection by an authorized officer;

(2) No attempt is made to falsify or fail to make, keep, maintain, or submit any logbook or logbook form or other required record or report.

(3) Only gear specifically authorized by the relevant permit issued under the Magnuson-Stevens Fishery Conservation and Management Act is allowed to be in the possession of a person conducting commercial fishing under this section;

(4) Any person conducting commercial fishing notifies the Secretaries by telephone, facsimile, or electronic mail at least 72 hours before entering the Monument and within 12 hours after leaving the Monument in accordance with § 404.4(b) and (c);

(5) All fishing vessels must carry an activated and functioning VMS unit on board at all times whenever the vessel is in the Monument;

(6) All fishing vessels must carry an observer when requested to do so by the Secretaries;

(7) The activity does not take place within any Ecological Reserve, any Special Preservation Area, or the Midway Atoll Special Management Area.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION

§ 431 - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 431a - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 432 - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 433 - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 433a - Perry’s Victory and International Peace Memorial; establishment

§ 433b - Administration, protection, and development

§ 433c - Acceptance of donations of lands and funds; acquisition of land

§ 433d - Repealed. Pub. L. 92–568, § 3(2), Oct. 26, 1972, 86 Stat. 1182

§ 433e - Repealed. Pub. L. 98–141, § 7(b), Oct. 31, 1983, 97 Stat. 910

§ 433f - Inconsistent laws repealed

§ 433f-1

§ 433g - Fort Frederica National Monument; establishment

§ 433h - Donation of property; acquisition of lands

§ 433h-1

§ 433i - Museum; historical markers

§ 433j - Administration, protection, and development

§ 433k - Whitman Mission National Historic Site; acquisition of land; establishment, supervision and maintenance

§ 433k-1

§ 433l - Erection of monuments and tablets

§ 433m - Authorization of appropriation

§ 433n - Change in name of Whitman National Monument

§ 434 - National monument in Riverside County, California

§ 435 - Acquiring reservation land

§ 436 - Omitted

§ 437 - Fort McHenry; restoration and preservation

§ 438 - Repairs and improvements; how made

§ 439 - Land for use of Secretary of the Treasury

§ 440 - Closure in times of national emergency

§ 440a - Change in name of Fort McHenry Park

§ 441 - Badlands National Park; establishment

§ 441a - Boundaries

§ 441b - Construction of highway by State of South Dakota

§ 441c - Administration, protection, and promotion; franchises for hotel and lodge accommodations

§ 441d - Examinations, excavations, and gathering of objects of interest within park

§ 441e - Effective date of sections 441 to 441d

§ 441e-1

§ 441f - Adjustment and redefinition of boundaries

§ 441g - Orders to effectuate revision of boundaries; publication

§ 441h - Jurisdiction of mining and mineral rights; patents

§ 441i - Exchanges of land

§ 441j - Revision of boundaries

§ 441k - Acquisition of property for park

§ 441l - Exchange of lands; transfer from Federal agency to administrative jurisdiction of Secretary; terms and conditions of purchase

§ 441m - Disposition of excess gunnery range lands and reservation lands; purchase; terms and conditions; life estates and use restrictions

§ 441n - Lands outside gunnery range; exchange of lands; reservation of mineral rights; grazing and mineral development rights of Indians; execution of instruments; trust title

§ 441o - Facilities for interpretation of park and history of Sioux Nation; conveyance of reservation lands; submission of terms to Congressional committees

§ 442 - George Washington Birthplace National Monument

§ 443 to 443f - Transferred

§ 444 - Petrified Forest National Monument; elimination of private holdings of land within boundaries; exchange of lands

§ 444a - Ascertainment of value of lands offered for exchange; evidence of title

§ 445 - Canyon De Chelly National Monument; establishment; boundaries

§ 445a - Rights and privileges of Navajo Indians in canyons

§ 445b - Administration by National Park Service; powers and duties

§ 445c - Pipestone National Monument

§ 445d - Acquisition of additional lands, Pipestone School Reserve and non-Federal land; redefining of boundaries; quarry rights of Indians

§ 446 - Sites for tablets at Antietam; care and supervision

§ 447 - Repealed. Pub. L. 94–429, § 3(d), Sept. 28, 1976, 90 Stat. 1342

§ 447a - Ocmulgee National Monument; establishment; acquisition of property

§ 447b - Donation of property; condemnation proceedings

§ 447c - Administration, protection, and development

§ 448 - Pioneer National Monument; establishment

§ 449 - Acceptance of donations of land and funds; acquisition of land

§ 450 - Administration, protection, and development

§ 450a - Chalmette, Louisiana, Monument

§ 450b to 450e - Repealed. Pub. L. 94–578, title III, § 308(e), Oct. 21, 1976, 90 Stat. 2736

§ 450e-1

§ 450f to 450k - Repealed. Dec. 21, 1944, ch. 634, § 1, 58 Stat. 852

§ 450l - Fort Stanwix National Monument; establishment

§ 450m - Acceptance of donations of lands and funds; acquisition of land

§ 450n - Administration, protection, and development

§ 450o - Andrew Johnson National Historic Site; authorization

§ 450p - Acquisition of property; donations

§ 450q - Administration, protection, and development

§ 450r - Ackia Battleground National Monument; establishment

§ 450s - Omitted

§ 450t - Administration, protection, and development

§ 450u - Homestead National Monument of America; establishment

§ 450v - Omitted

§ 450w - Administration; establishment of museum

§ 450x - Authorization of annual appropriations

§ 450y - Coronado National Memorial; establishment

§ 450y-1

§ 450y-2

§ 450y-3

§ 450y-4

§ 450y-5

§ 450y-6

§ 450y-7

§ 450z - Repealed. Pub. L. 94–429, § 3(g), Sept. 28, 1976, 90 Stat. 1343

§ 450aa - George Washington Carver National Monument; acquisition of land

§ 450aa-1

§ 450aa-2

§ 450bb - Harpers Ferry National Historical Park

§ 450bb-1

§ 450bb-2

§ 450bb-3

§ 450bb-4

§ 450bb-5

§ 450bb-6

§ 450cc - Castle Clinton National Monument; establishment

§ 450cc-1

§ 450dd - De Soto National Memorial; establishment

§ 450dd-1

§ 450ee - Fort Sumter National Monument; establishment

§ 450ee-1

§ 450ff - Fort Vancouver National Historic Site; establishment

§ 450ff-1

§ 450ff-2

§ 450ff-3

§ 450ff-4

§ 450ff-5

§ 450ff-6

§ 450gg to 450gg–3 - Repealed. Pub. L. 91–660, § 5, Jan. 8, 1971, 84 Stat. 1969

§ 450hh - Saint Croix Island International Historic Site; establishment; acceptance of land; size

§ 450hh-1

§ 450hh-2

§ 450ii - Joshua Tree National Monument; revision of boundaries

§ 450ii-1

§ 450ii-2

§ 450ii-3

§ 450jj - Jefferson National Expansion Memorial; authorization

§ 450jj-1

§ 450jj-2

§ 450jj-3

§ 450jj-4

§ 450jj-5

§ 450jj-6

§ 450jj-7

§ 450jj-8

§ 450jj-9

§ 450kk - Fort Union National Monument; acquisition of site and other lands; reversions and reservations

§ 450kk-1

§ 450ll - Booker T. Washington National Monument; acquisition of site

§ 450ll-1

§ 450ll-2

§ 450ll-3

§ 450mm to 450mm–3 - Repealed. Pub. L. 108–387, title I, § 105(a), Oct. 30, 2004, 118 Stat. 2236

§ 450nn - General Grant National Memorial; establishment

§ 450oo - Grand Portage National Monument; establishment; effective date

§ 450oo-1

§ 450oo-2

§ 450oo-3

§ 450oo-4

§ 450oo-5

§ 450oo-6

§ 450oo-7

§ 450oo-8

§ 450oo-9

§ 450oo-10

§ 450pp - Roger Williams National Memorial; acquisition of site

§ 450pp-1

§ 450pp-2

§ 450pp-3

§ 450qq to 450qq–4 - Omitted

§ 450rr - R.M.S. Titanic; international maritime memorial; findings and purposes

§ 450rr-1

§ 450rr-2

§ 450rr-3

§ 450rr-4

§ 450rr-5

§ 450rr-6

§ 450ss - Findings and purposes

§ 450ss-1

§ 450ss-2

§ 450ss-3

§ 450ss-4

§ 450ss-5

§ 450ss-6

§ 460k-3

§ 668dd - National Wildlife Refuge System

§ 668ee - Definitions

§ 742f - Powers of Secretaries of the Interior and Commerce

§ 742l - Enforcement authority for the protection of fish and wildlife resources

§ 1361 - Congressional findings and declaration of policy

§ 1362 - Definitions

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1544 - Annual cost analysis by Fish and Wildlife Service

§ 1801 - Findings, purposes and policy

§ 1802 - Definitions

§ 1803 - Authorization of appropriations

Public Laws