1. (a) Marine reserves. Unless prohibited by 50 CFR part 660 (Fisheries off West Coast States), the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within a marine reserve described in appendix B to this subpart, except as specified in paragraphs (b) through (e) of § 922.72:

   1. (1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any Sanctuary resource, or attempting any of these activities.
   2. (2) Possessing fishing gear on board a vessel unless such gear is stowed and not available for immediate use.
   3. (3) Possessing any Sanctuary resource, except legally harvested fish on board a vessel at anchor or in transit.

2. (b) Marine conservation area. Unless prohibited by 50 CFR part 660 (Fisheries off West Coast States), the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within the marine conservation area described in appendix C to this subpart, except as specified in paragraphs (b) through (e) of § 922.72:

   1. (1) Harvesting, removing, taking, injuring, destroying, collecting, moving, or causing the loss of any Sanctuary resource, or attempting any of these activities, except:

      1. (i) Recreational fishing for pelagic finfish; or
      2. (ii) Commercial and recreational fishing for lobster.
   2. (2) Possessing fishing gear on board a vessel, except legal fishing gear used to fish for lobster or pelagic finfish, unless such gear is stowed and not available for immediate use.
   3. (3) Possessing any Sanctuary resource, except legally harvested fish.

[74 FR 3260, Jan. 16, 2009]