50 CFR § 648.40 - Prohibition on possession.

---
identifier: "/us/cfr/t50/s648.40"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 648.40 - Prohibition on possession."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "648.40"
section_name: "Prohibition on possession."
chapter_name: "FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
part_number: "648"
part_name: "FISHERIES OF THE NORTHEASTERN UNITED STATES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1801"
regulatory_source: "61 FR 34968, July 3, 1996, unless otherwise noted."
cfr_part: "648"
---


# 648.40 Prohibition on possession.

(a) *Incidental catch.* All Atlantic salmon caught incidental to a directed fishery for other species in the EEZ must be released in such a manner as to insure maximum probability of survival.

(b) *Presumption.* The possession of Atlantic salmon is prima facie evidence that such Atlantic salmon were taken in violation of this regulation. Evidence that such fish were harvested in state waters, or from foreign waters, or from aquaculture enterprises, will be sufficient to rebut the presumption. This presumption does not apply to fish being sorted on deck.