Procedures
(c) Procedures. If a gear or fishery does not appear on the list in 600.725(v), or if the gear is different from that defined in 600.10, the process for notification, and consideration by a Council or the Director, is as follows: (1) Notification. After July 26, 1999, no person or vessel may employ fishing gear or engage in a fishery not included on the list of approved gear types in 600.725(v) without notifying the appropriate Council or the Director at least 90 days before the intended use of that gear. (2) Notification procedures. (i) A signed return receipt for the notice serves as adequate evidence of the date that the notification was received by the appropriate Council or the Director, in the case of Atlantic highly migratory species, and establishes the beginning of the 90-day notification period, unless required information in the notification is incomplete. (ii) The notification must include: (A) Name, address, and telephone number of the person submitting the notification. (B) Description of the gear. (C) The fishery or fisheries in which the gear is or will be used. (D) A diagram and/or photograph of the gear, as well as any specifications and dimensions necessary to define the gear. (E) The season(s) in which the gear will be fished. (F) The area(s) in which the gear will be fished. (G) The anticipated bycatch species associated with the gear, including protected species, such as marine mammals, sea turtles, sea birds, or species listed as endangered or threatened under the ESA. (H) How the gear will be deployed and fished, including the portions of the marine environment where the gear will be deployed (surface, midwater, and bottom). (iii) Failure to submit complete and accurate information will result in a delay in beginning the 90-day notification period. The 90-day notification period will not begin until the information received is determined to be accurate and complete. (3) Action upon receipt of notification(i) Species other than Atlantic Highly Migratory Species. (A) Upon signing a return receipt of the notification by certified mail regarding an unlisted fishery or gear, a Council must immediately begin consideration of the notification and send a copy of the notification to the appropriate Regional Administrator. (B) If the Council finds that the use of an unlisted gear or participation in a new fishery would not compromise the effectiveness of conservation and management efforts, it shall: