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NAO
202-735B
RECREATIONAL
FISHING FROM NOAA VESSELS, DISPOSAL OF FISH
Issued
01/25/89; Effective 01/09/89
SECTION
1. PURPOSE.
This
administrative order establishes NOAA policy with
respect to the disposition of fish taken aboard
NOAA vessels during scientific research or as a result
of recreational fishing by off-duty crew members and
others aboard NOAA vessels.
SECTION
2. BACKGROUND.
From
time to time, questions have arisen concerning the
disposition of fish taken aboard NOAA vessels in
the course of scientific research or as a result of
crew members' off-duty recreational fishing. While
fish caught by NOAA vessels during scientific research
are not subject to state law, 16 U.S.C. 745, and are
not subject to the Magnuson Act's prohibitions, 16
U.S.C. 1802(10), these provisions do not insulate NOAA
employees from other Federal, state and local laws.
SECTION
3. POLICY.
.01 Fish
taken during scientific research. Fish caught
by NOAA vessels during scientific research are Federal
property. Those that are not required as scientific
samples will be disposed of in the following manner:
a. Live fish that could survive must be returned to
the water.
b. Dead fish, or live fish that could not survive,
may be used for crew consumption aboard the vessel.
c. Those fish in category b. which are in excess of
the needs of the crew, if they can be retained for
human consumption, may be donated to an appropriate
charity.
d. Fish that cannot be retained for consumption on
board or charitable donation must be dumped overboard
having due regard for the marine environment.
02. Recreational
fishing. Crew members, scientific
parties, and others aboard NOAA vessels may engage
in recreational fishing from such vessels with the
captain's permission. Any such fishing must be in full
compliance with the laws and regulations in effect
in that locality. Fish caught recreationally may be
consumed aboard the vessel or, with the permission
of the captain, may be retained after the vessel returns
to port if otherwise allowed by the laws and regulations
applicable to private persons in that locality.
/S/
Acting Under Secretary of Commerce
for Oceans and Atmosphere
Office of Primary Interest:
National Marine Fisheries Service
Office of Management and Budget
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