50 CFR § 622.379 - Incidental catch allowances.

---
identifier: "/us/cfr/t50/s622.379"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 622.379 - Incidental catch allowances."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "622.379"
section_name: "Incidental catch allowances."
chapter_name: "FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
part_number: "622"
part_name: "FISHERIES OF THE CARIBBEAN, GULF OF AMERICA, AND SOUTH ATLANTIC"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1801"
regulatory_source: "78 FR 22952, Apr. 17, 2013, unless otherwise noted."
cfr_part: "622"
---


# 622.379 Incidental catch allowances.

(a) *Purse seine incidental catch allowance.* A vessel in the EEZ, or having fished in the EEZ, with a purse seine on board will not be considered as fishing, or having fished, for king or Spanish mackerel in violation of a prohibition of purse seines under § 622.375(b), in violation of the possession limits under § 622.375(b)(3), or, in the case of king mackerel from the Atlantic migratory group, in violation of a closure effected in accordance with § 622.8(b), provided the king mackerel on board does not exceed 1 percent, or the Spanish mackerel on board does not exceed 10 percent, of all fish on board the vessel. Incidental catch will be calculated by number and/or weight of fish. Neither calculation may exceed the allowable percentage. Incidentally caught king or Spanish mackerel are counted toward the quotas provided for under § 622.384 and are subject to the prohibition of sale under § 622.384(e)(2).

(b) *Shark gillnet incidental catch allowance.* A vessel in the Atlantic EEZ with a valid Federal Atlantic commercial shark directed permit and a valid Federal king mackerel commercial permit that is engaged in directed shark fishing with gillnets that are not an authorized gear for Atlantic migratory group king mackerel (See § 622.375(a)(1)(i)), may retain and sell a limited number of king mackerel. Any king mackerel retained must be sold to a dealer with a valid Federal Gulf and South Atlantic dealer permit.

(1) *Northern zone.* No more than three king mackerel per crew member may be retained or sold per trip (See § 622.385(a)(1)(i) for the commercial trip limit for directed king mackerel trips using authorized gillnets (in the Atlantic EEZ north of 34°37.3′ N. lat., the latitude of Cape Lookout, NC)).

(2) *Southern zone.* No more than two king mackerel per crew member may be retained or sold per trip.

[82 FR 17397, Apr. 11, 2017, as amended at 82 FR 35660, Aug. 1, 2017]