Illex
(A) Fish with or possess nets or netting that do not meet the gear requirements for Atlantic mackerel, longfin squid, Illex squid, or butterfish specified in 648.23(a); or that are modified, obstructed, or constricted, if subject to the minimum mesh requirements, unless the nets or netting are stowed and not available for immediate use as defined in 648.2 or the vessel is fishing under an exemption specified in 648.23(a)(5). (B) Fish for, retain, or possess Atlantic mackerel in or from the EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall and 750 GRT, or a shaft horsepower (shp) of 3,000 shp, except for the retention and possession of Atlantic mackerel for processing by a vessel holding a valid at-sea processor permit pursuant to 648.6(a)(2). It shall be presumed that the Atlantic mackerel on board were harvested in or from the EEZ, unless the preponderance of reliable evidence available indicates otherwise. (C) Enter or fish in the mackerel, squid, and butterfish bottom trawling restricted areas, as described in 648.23(a)(6). (D) If fishing with midwater trawl or purse seine gear, fail to comply with the requirements of 648.80(d) and (e). (iv) Observer requirements for longfin squid fishery. Fail to comply with any of the provisions specified in 648.11. (v) VMS reporting requirements in the directed Atlantic mackerel, longfin squid, and Illex squid fisheries. (A) Fail to declare via VMS into the directed Atlantic mackerel, longfin squid, or Illex squid fisheries by entering the fishery code prior to leaving port at the start of each trip if the vessel will harvest, possess, or land more than an incidental catch of Atlantic mackerel, longfin squid, or Illex squid and is issued a limited access Atlantic mackerel permit, Tier 1 or Tier 2 longfin squid moratorium permit, or Illex squid moratorium permit. (B) Fail to notify NMFS Office of Law Enforcement through VMS of the time and place of offloading at least 6 hr prior to arrival, or, if fishing ends less than 6 hours before arrival, immediately upon leaving the fishing grounds, if a vessel has been issued a Limited Access Atlantic mackerel permit, pursuant to 648.10. (vi) Slip catch, as defined at 648.2, unless for one of the reasons specified at 648.11(n)(3)(i) if issued a limited access Atlantic mackerel permit, or a longfin squid or a butterfish moratorium permit. (vii) For vessels with a limited access Atlantic mackerel permits, fail to move 15 nm (27.8 km), as required by 648.11(n)(3)(iii). (viii) For vessels with a limited access Atlantic mackerel permit, fail to immediately return to port as required by 648.11(n)(3)(iv). (ix) Fail to complete, sign, and submit a Released Catch Affidavit if fish are released pursuant to the requirements at 648.11(n)(3)(ii). (x) Fail to report or fail to accurately report a slippage event on the VMS mackerel and longfin squid daily catch report, as required by 648.11(n)(3)(ii). (3) Charter/party restrictions. Unless participating in a research activity as described in 648.22(g), it is unlawful for the owner and operator of a party or charter boat issued an Atlantic mackerel, Illex squid, longfin squid, or butterfish fishery permit (including a moratorium permit), when the boat is carrying passengers for hire, to do any of the following: (i) Violate any recreational fishing measures established pursuant to 648.22(d). (ii) Sell or transfer Atlantic chub mackerel, Atlantic mackerel, Illex squid, longfin squid, or butterfish to another person for a commercial purpose. (iii) Carry passengers for hire while fishing commercially under an Atlantic mackerel, Illex squid, longfin squid, or butterfish fishery permit. (4) Presumption. For purposes of this part, the following presumption applies: All Atlantic chub mackerel, Atlantic mackerel, Illex squid, longfin squid, or butterfish possessed on a vessel issued any permit under 648.4 are deemed to have been harvested from the EEZ, unless the preponderance of all submitted evidence demonstrates that such species were purchased for bait or harvested by a vessel fishing exclusively in state waters or, for Atlantic chub mackerel, outside of the Atlantic Chub Mackerel Management Unit.