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item acquisitions consistent with DEPARTMENT OF COMMERCE regulations for Atlantic HMS are at 50 authorities in the Clinger-Cohen Act. By CFR part 635. National Oceanic and Atmospheric cross referencing FAR 12.207 and its Background enumeration of contract types Administration authorized for the acquisition of The regulations at 50 CFR part 635 are commercial items, the CAS Board 50 CFR Part 635 promulgated under ATCA and the Magnuson-Stevens Act for the expects to eliminate disparities between [Docket No. 180205129–8129–01] conservation and management of the FAR and CAS Board rules that has RIN 0648–BH50 Atlantic highly migratory species, created confusion for contractors and including species of tunas, billfish, subcontractors. The economic impact on Atlantic Highly Migratory Species sharks, and swordfish. In 2006, NMFS contractors and subcontractors is, consolidated Atlantic HMS management AGENCY: therefore, expected to be minor. As a National Marine Fisheries into one fishery management plan, the result, the Board has determined that Service (NMFS), National Oceanic and 2006 Consolidated HMS FMP. Since this rule will not result in the Atmospheric Administration (NOAA), then, NMFS has amended the FMP ten promulgation of an ‘‘economically Commerce. times through the fishery management significant rule’’ under the provisions of ACTION: Final rule; technical plan amendment process and has made Executive Order 12866, and that a amendments. numerous other regulatory changes regulatory impact analysis will not be through framework actions. With this SUMMARY: required, and the requirements of E.O. This final rule makes editorial volume of regulatory action, some small 13771, Reducing Regulation and corrections amending the regulations for grammatical and other errors have Controlling Regulatory Costs, do not Atlantic highly migratory species accumulated over time. As described in (HMS). This final action will make the apply. For the same reason, this final the sections below, this technical rules easier to use by making the cross- rule is not a ‘‘major rule’’ under the amendment corrects grammatical, references in the regulations accurate, Congressional Review Act, 5 U.S.C. punctuation, consistency, cross- correcting grammatical and punctuation Chapter 8. Finally, this rule does not reference errors in the HMS regulations issues, and reformatting the regulations at 50 CFR part 635. As explained in the have a significant effect on a substantial where needed to be consistent with number of small entities because small Consistency section below, it also Federal Register guidelines. The action simplifies regulatory text by removing businesses are exempt from the also in several instances simplifies application of the Cost Accounting unnecessary language in several limited regulatory text by removing unnecessary instances. Standards. Therefore, this rule does not language. The rule is administrative in require a regulatory flexibility analysis nature and does not make any change Typographical Corrections under the Regulatory Flexibility Act of with substantive effect to the regulations The following grammatical, 1980, 5 U.S.C. Chapter 6. for HMS fisheries. punctuation, or clerical errors (i.e., List of Subjects in 48 CFR Part 9903 DATES: This final rule is effective on July typographical errors) in the HMS 17, 2018. regulations are corrected by this final Cost Accounting Standards, ADDRESSES: Documents related to HMS rule: Government procurement. fisheries management, such as the 2006 The definition of ‘‘CK’’ at § 635.2 does not spell out the words for which it is Lesley A. Field, Consolidated HMS Fishery Management Plan (FMP) and its amendments, are an acronym. This final action therefore Acting Chair, Cost Accounting Standards available from the HMS Management adds ‘‘Cleithrum to Caudal Keel’’ before Board. Division website at https:// the acronym ‘‘CK.’’ The definition of ‘‘Hammerhead Sharks’’ at § 635.2 For the reasons set forth in this www.fisheries.noaa.gov/topic/atlantic- capitalizes the word ‘‘shark(s).’’ This preamble, 48 CFR part 9903 is amended highly-migratory-species or upon final action changes to lowercase the as follows: request from the HMS Management Division at 1315 East-West Highway, word ‘‘shark(s).’’ The regulation at PART 9903—CONTRACT COVERAGE Silver Spring, MD 20910. § 635.4(l)(2)(viii) does not capitalize the word ‘‘tunas’’ in the permit title, FOR FURTHER INFORMATION CONTACT: ‘‘Atlantic Tunas Longline category ■ 1. The authority citation for part 9903 Lauren Latchford, Larry Redd, or Karyl LAP.’’ This final action capitalizes the continues to read as follows: Brewster-Geisz by phone at 301–427– word ‘‘Tunas.’’ The regulation at Authority: Pub. L. 111–350, 124 Stat. 8503. § 635.5(b)(1)(i) has commas incorrectly 3677, 41 U.S.C. 1502. SUPPLEMENTARY INFORMATION: Atlantic after the words ‘‘all’’ and ‘‘swordfish’’ in HMS are managed under the dual the sentence, ‘‘All reports must be ■ 2. Section 9903.201–1 is amended by authority of the Magnuson-Stevens species-specific and must include the revising paragraph (b)(6) to read as Fishery Conservation and Management required information about all, follows: Act, 16 U.S.C. 1801 et seq., (Magnuson- swordfish, and sharks received by the 9903.201–1 CAS applicability. Stevens Act) and the Atlantic Tunas dealer.’’ This final action removes the Convention Act, 16 U.S.C. 971 et seq., misplaced commas. The regulation at * * * * * (ATCA). On October 2, 2006, NMFS § 635.5(c)(2) is missing apostrophes and (b) * * * published in the Federal Register (71 has extra parentheses in three places (6) Contracts and subcontracts FR 58058) regulations implementing the where the text should read, ‘‘owner’s authorized in 48 CFR 12.207 for the 2006 Consolidated HMS FMP, which designee.’’ This final action adds acquisition of commercial items. details the management measures for apostrophes and removes the mistaken Atlantic HMS fisheries; these parentheses to correct this text. The * * * * * management measures have been regulations at § 635.6(b)(1)(ii) and (c)(1) [FR Doc. 2018–15176 Filed 7–16–18; 8:45 am] amended or otherwise modified do not capitalize the word ‘‘Arabic.’’ BILLING CODE 3110–01–P numerous times. The implementing This final action corrects this error and

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capitalizes ‘‘Arabic.’’ The regulation at 635.21(b)(1), (c)(3) and (4), (c)(5)(iii)(A) 635.21(c)(5)(iv) references paragraphs § 635.9(e)(4) has two commas rather and (B), (g)(2) and (3), 635.27(c)(1)(i)(A) (A), (B), (C), (G), (H), and (K) as than one after the words ‘‘trip’’ and and (B), 635.28(a)(3), and 635.71(a)(53) specifying ‘‘[o]ther devices proposed for ‘‘e.g.’’ This final action removes the and (e)(10) and (11) do not use the use as line clippers or cutters or de- extra commas. The regulation at acronym ‘‘LAP’’ for ‘‘limited access hookers.’’ This final action adds § 635.14(b)(1) uses two different styles permit.’’ This final action changes references to paragraphs (I) and (J) to of quotation marks around the words ‘‘limited access permit’’ to ‘‘LAP’’ so that list. Additionally, §§ 635.22(c)(1) ‘‘bluefin tuna ratio.’’ This final action that the acronym defined at § 635.2 is and (5) and (d) and 635.23(a)(2) and (4), changes the quotation marks so that used consistently across the HMS have cross references that are broadly they are the same and removes the colon regulations. The regulations at referenced and need to be more specific within this regulation. The regulation at §§ 635.15(k) and (l)(4)(iii) and to the correct provision under part 635. § 635.14(b)(1) incorrectly capitalizes the 635.21(c)(5)(iii)(B) incorrectly use the This action corrects those cross word ‘‘Swordfish.’’ This final action word ‘‘permit’’ or ‘‘permitted’’ instead references by adding the specific cross changes ‘‘Swordfish’’ to ‘‘swordfish.’’ of the acronym ‘‘LAP’’ when referring to reference location (e.g., within The regulation at § 635.15(c)(3)(iv) is the Atlantic Tunas Longline category § 635.22(c)(1), changing the reference missing the word ‘‘year’’ and has an limited access permit. For consistency from § 635.4 to § 635.4(e)). extra period at the end of the first within the regulations referring to the Consistency Corrections sentence. This final action adds the Atlantic Tunas Longline category word ‘‘year’’ and removes the extra limited access permit, this final action Regulations at §§ 635.2 (definition of period. Additionally, this regulation changes the word ‘‘permit’’ or ‘‘Exporter’’) and 635.4(a)(6) use a incorrectly capitalizes the words ‘‘permitted’’ to ‘‘LAP.’’ The regulations Federal Register citation format that is ‘‘Eastern Time.’’ This final action at §§ 635.4(l)(2)(iii) and 635.21(b)(1) inconsistent with the citation format changes ‘‘Eastern Time’’ to ‘‘eastern incorrectly name a permit as ‘‘tuna otherwise used in part 635. This final time.’’ The regulation at § 635.21(g)(1) longline LAPs.’’ This final action action revises the citation format for uses ‘‘NOAA Fisheries,’’ and the final corrects the permit name to ‘‘Atlantic consistency purposes. action changes it to ‘‘NMFS’’ for Tunas Longline category LAP.’’ The At § 635.4(c)(2), this final action consistency across the regulations. The regulations at §§ 635.21(c)(5)(iii)(A) and changes the word ‘‘issued’’ to ‘‘with’’ to regulation at § 635.27(d)(1) incorrectly 635.71(a)(40) and (b)(36) through (38), be more internally consistent. uses the word ‘‘this’’ in the second incorrectly list a permit name as ‘‘tunas At § 635.4(l)(2)(viii), this final action sentence. This final action changes Longline category permit.’’ This final removes the word ‘‘an’’ to be more ‘‘this’’ to ‘‘the.’’ Additionally, this final action corrects the permit name to internally consistent. action removes outdated language ‘‘Atlantic Tunas Longline category The current regulations do not regarding an effective date of January 1, LAP.’’ The regulations at § 635.15(k) consistently refer to swordfish and 2007 from § 635.27(d)(1). Additionally, improperly exclude the word ‘‘category’’ shark LAPs, sometimes referring to them for § 635.28(d), this final action from the permit name, ‘‘Atlantic Tunas as ‘‘catch LAPs’’ and other times capitalizes the lower case ‘‘n’’ for the Longline category LAP.’’ This final spelling out ‘‘limited access permit.’’ species Northern albacore tuna. action corrects the error by adding the This inconsistency in terminology can The regulations at §§ 635.2, word ‘‘category.’’ The regulations at lead to confusion. As such, this final 635.4(e)(3) and (g)(2), 635.21(d)(2)(ii), § 635.23(a)(2) incorrectly list the permit action changes these swordfish and 635.27(b)(1), 635.28(b)(1)(iv), and as ‘‘General category Atlantic Tunas shark LAP references to be more 635.34(c) do not consistently capitalize permit.’’ This final action corrects the internally consistent to clarify the the word ‘‘Table’’ and lowercase the permit name to ‘‘Atlantic Tunas General regulations. Specifically, the regulations word ‘‘appendix’’ in the phrase, ‘‘Table category permit.’’ Additionally this final at § 635.4(l)(2)(viii) and (ix) use the 1 of appendix A to this part.’’ This final action removes language referring phrase, ‘‘a directed or incidental LAP action corrects the references to ‘‘Table specifically to ‘‘one large medium or for swordfish, a directed or an 1 of appendix A to this part’’ in giant BFT per day’’ allowed to be caught incidental catch LAP for shark.’’ This §§ 635.2, 635.4(e)(3) and (g)(2), or landed on days other than RFDs. final action will correct the phrase to, ‘‘a 635.21(d)(2)(ii), 635.27(b)(1), Because NMFS may increase or decrease directed or incidental swordfish LAP, a 635.28(b)(1)(iv), and 635.34(c) so that the daily retention limit of large directed or incidental shark LAP.’’ The capitalization and phrasing are medium and giant BFT over a range of regulations at § 635.4(l)(2)(viii) uses the consistent throughout. zero to a maximum of five under cross phrase ‘‘a LAP for swordfish.’’ This final action corrects the phrase to ‘‘a Limited Access Permit Corrections reference § 635.23(a)(4), it is more clear to refer to the ‘‘daily retention limit in swordfish LAP.’’ The regulations at The HMS regulations at § 635.2 effect for that day.’’ The regulation at § 635.4(l)(2)(viii) and (ix) uses the currently provide a definition for § 635.71(b)(20) incorrectly lists the phrase ‘‘a directed or incidental catch ‘‘LAP,’’ defining it as an acronym for the relevant permit as ‘‘Purse Seine category shark LAP,’’ respectively. This final ‘‘limited access permit.’’ The HMS Atlantic tuna permit.’’ This final action action corrects the phrase to ‘‘a directed regulations do not consistently use the corrects the permit name to ‘‘Atlantic or incidental shark LAP,’’ respectively. acronym, however, and still refer to Tunas Purse Seine category LAP.’’ The regulations at § 635.4(l)(2)(ix) use ‘‘limited access permits’’ or ‘‘limited the phrase ‘‘directed or incidental catch access vessel permits’’ sometimes in the Cross References Corrections swordfish or shark LAP.’’ This final regulations. Consistency across the This final action corrects the incorrect action will correct the phrase to regulations would make them clearer. cross references found in the definitions ‘‘directed or incidental swordfish or The regulations at §§ 635.4(a)(3), (d)(4), and regulations at §§ 635.2 (definitions shark LAP.’’ The regulation at (e)(2) through (4), (f)(1), (2), (4), and (5), of ‘‘Display Permit’’ and ‘‘EFP’’), § 635.22(f) uses the phrase ‘‘incidental (h)(2), (l)(2)(ii)(A) through (C), (l)(2)(iii) 635.4(a)(8) and (h)(1)(iii), 635.5(a)(5)(ii), or handgear limited access swordfish through (ix), and (m)(2), 635.8(a)(1) and 635.21(c)(5)(ii)(C)(1) and (c)(5)(iv), permit.’’ This final action will correct (3), (c)(2) and (3), 635.15(k) introductory 635.28(b)(7), (c)(3), and (d), 635.31(d)(2), the phrase to ‘‘incidental or handgear text and (k)(4)(iii), 635.19(e)(4), and 635.40(b)(1). Section swordfish LAP.’’

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The definition of ‘‘Fishing Year’’ at corrective, non-substantive changes to year,’’ ‘‘Gulf of Mexico Aggregated § 635.2 includes incorrect language left regulatory text, adds missing cross- LCS,’’ ‘‘Hammerhead Shark(s),’’ ‘‘Highly over from past definitions. The fishing references and/or corrects cross- migratory species (HMS),’’ ‘‘Large year for all tunas, sharks, billfish, and references to HMS regulations, and in coastal shark (LCS),’’ ‘‘Non-blacknose swordfish is January 1 through several instances, removes unnecessary SCS,’’ ‘‘Pelagic shark,’’ ‘‘Prohibited December 31, as reflected in the 2006 language, and is solely administrative in shark,’’ ‘‘Research LCS,’’ ‘‘Small coastal Consolidated HMS FMP. This final nature. Therefore, public comment shark (SCS),’’ and ‘‘Smoothhound action removes this outdated text and would serve no purpose and is shark(s)’’ to read as follows: simplifies the definition for tunas, unnecessary. Furthermore, it is in the sharks, billfish and swordfish to match public interest to revise the regulations § 635.2 Definitions. the dates established in previous as quickly as possible to reduce any * * * * * actions, reading ‘‘January 1 through potential confusion to the public of the Atlantic Aggregated LCS means one of December 31.’’ regulatory requirements at 50 CFR part the following species, or parts thereof, The first sentence at § 635.20(b) starts 635. Any delay in implementation as listed in Table 1 of appendix A to this with the phrase, ‘‘The size class of a would result in the continuation of this part: Atlantic blacktip, bull, lemon, BFT found with the head removed shall potential confusion. Thus, there is also nurse, silky, spinner, and tiger. be determined using . . .’’ This phrase, good cause under 5 U.S.C. 553(d)(3) to * * * * * referring to a BFT that is ‘‘found,’’ is waive the 30-day delay in effective date. Cleithrum to Caudal Keel or CK confusing and inconsistent with a This final rule has been determined to measurement means the length of a fish similar regulation at § 635.20(f) (‘‘For a be not significant for purposes of measured along the body contour, i.e., a swordfish that has its head naturally Executive Order 12866. curved measurement, from the point on attached . . .’’). This final action re- Because prior notice and opportunity the cleithrum that provides the shortest words the phrase found in § 635.20(b) to for public comment are not required for possible measurement along the body be less confusing and more consistent this rule by 5 U.S.C. 553, or any other contour to the anterior portion of the with the wording at § 635.20(f). With law, and a proposed rule is not being caudal keel. The cleithrum is the this change, § 635.20(b) will read, ‘‘If the published, the analytical requirements semicircular bony structure at the head of a BFT is no longer attached, the of the Regulatory Flexibility Act, 5 posterior edge of the gill opening. size class of the BFT shall be U.S.C. 601 et seq., are inapplicable. * * * * * determined using . . .’’ NMFS has determined that fishing The regulation at § 635.40(b)(3) Display permit means a permit issued activities conducted pursuant to this in order to catch and land HMS for the references 19 CFR 10.79, the rule will not affect endangered and/or ‘‘Declaration of Master and Two purpose of public display pursuant to threatened species or critical habitat § 635.32(d). Members of Crew on Entry of Products listed under the Endangered Species of American Fisheries.’’ Section 10.79 Act, or marine mammals protected by * * * * * no longer exists within title 19, and has the Marine Mammal Protection Act, EFP means an exempted fishing instead been reserved. This final action because the action is purely permit issued pursuant to § 600.745 of removes language referencing this administrative in nature by making this chapter or to § 635.32(c). obsolete regulation and reserves this editorial corrections or clarifications to * * * * * location. This change would not have existing regulatory text, with no Exporter, for purposes of this subpart, any effect on the part 635 regulations substantive changes or effects. is the principal party in interest, since 19 CFR 10.79 has been amended meaning the party that receives the and reserved. List of Subjects in 50 CFR Part 635 primary benefit, monetary or otherwise, Finally, the regulation at Fisheries, Fishing, Fishing vessels, of the export transaction. For exports § 635.21(d)(1)(iii)(D) refers to out-of-date Foreign relations, Imports, Penalties, from the United States, the exporter is coordinates for the Charleston Deep Reporting and recordkeeping the U.S. principal party in interest, as Artificial Reef. This final action updates requirements, Treaties. identified in 15 CFR part 30. An the old boundary coordinates for the Dated: July 9, 2018. exporter is subject to the requirements Charleston Deep Artificial Reef to match Samuel D. Rauch, III, of this subpart, even if exports are the boundary changes that were recently exempt from statistical reporting made to the Charleston Deep Artificial Deputy Assistant Administrator for Regulatory Programs, National Marine requirements under 15 CFR part 30. Reef MPA via Snapper Grouper Fisheries Service. * * * * * Amendment 36 (82 FR 29772, June 30, Fishing year means January 1 through 2017). For the reasons set out in the preamble, 50 CFR part 635 is amended December 31. Classification as follows: * * * * * The Assistant Administrator for Gulf of Mexico Aggregated LCS means Fisheries has determined that this final PART 635—ATLANTIC HIGHLY one of the following species, or parts rule is necessary for the conservation MIGRATORY SPECIES thereof, as listed in Table 1 of appendix and management of U.S. fisheries and A to this part: Bull, lemon, nurse, silky, ■ 1. The authority citation for part 635 spinner, and tiger. that it is consistent with the Magnuson- continues to read as follows: Stevens Act, the 2006 Consolidated Hammerhead shark(s) means great, Atlantic HMS FMP and its amendments, Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. scalloped, and smooth hammerhead ATCA, and other applicable law. 1801 et seq. shark species, or parts thereof, as listed Pursuant to 5 U.S.C. 553(b)(B), there ■ 2. In § 635.2, revise the definition of in Table 1 of appendix A to this part. is good cause to waive prior notice and ‘‘Atlantic Aggregated LCS,’’ remove the * * * * * an opportunity for public comment on definition of ‘‘CK,’’ add the definition of Highly migratory species (HMS) this action, as notice and comment are ‘‘Cleithrum to Caudal Keel or CK,’’ and means bluefin, bigeye, yellowfin, unnecessary and contrary to the public revise the definitions of ‘‘Display albacore, and skipjack tunas; swordfish; interest. This final rule makes only permit,’’ ‘‘EFP,’’ ‘‘Exporter,’’ ‘‘Fishing sharks (listed in Table 1 of appendix A

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to this part); white marlin; blue marlin; permit application may be denied, in commercial shark directed or shark sailfish; longbill spearfish; and accordance with the procedures incidental LAP may harvest, consistent roundscale spearfish. governing enforcement-related permit with the other regulations in this part, * * * * * sanctions and denials found at 15 CFR any shark species listed in headings A, Large coastal shark (LCS) means one part 904, subpart D. B, or C of Table 1 of appendix A to this of the species, or a part thereof, listed * * * * * part. in heading A, Large Coastal Sharks, of (8) Replacement. NMFS may issue a (4) Owners of vessels that fish for, Table 1 of appendix A to this part. replacement permit upon the request of take, retain, or possess the Atlantic * * * * * the permittee. An application for a oceanic sharks listed in heading E, Non-blacknose SCS means one of the replacement permit will not be Smoothhound Sharks, of Table 1 of species, or part thereof, listed in considered a new application. An appendix A to this part with an heading B, Small Coastal Sharks, of appropriate fee, consistent with intention to sell them must obtain a Table 1 of appendix A to this part other paragraph (a)(9) of this section, may be Federal commercial smoothhound than the blacknose shark. charged for issuance of the replacement permit. In addition to other permits issued pursuant to this section or other * * * * * permit. Pelagic shark means one of the * * * * * authorities, a Federal commercial species, or a part thereof, listed in (c) * * * smoothhound permit may be issued to heading C, Pelagic Sharks, of Table 1 of (2) A vessel with a valid Atlantic a vessel alone or to a vessel that also appendix A to this part. Tunas General category permit issued holds either a Federal Atlantic under paragraph (d) of this section or commercial shark directed or incidental * * * * * LAP. Prohibited shark means one of the with a valid Swordfish General (f) * * * species, or a part thereof, listed in Commercial permit issued under (1) Except as specified in paragraphs heading D, Prohibited Sharks, of Table paragraph (f) of this section may fish in (n) and (o) of this section, the owner of 1 of appendix A to this part. a recreational HMS fishing tournament if the vessel has registered for, paid an a vessel of the United States used to fish * * * * * entry fee to, and is fishing under the for or take swordfish commercially from Research LCS means one of the rules of a tournament that has registered the management unit, or on which species, or part thereof, listed in with NMFS’ HMS Management Division swordfish from the management unit are heading A, Large Coastal Sharks, of as required under § 635.5(d). When a retained or possessed with an intention Table 1 of appendix A to this part, other vessel with a valid Atlantic Tunas to sell, or from which swordfish are than sandbar sharks. General category permit or a valid sold, must obtain an HMS Charter/ * * * * * Swordfish General Commercial permit Headboat permit with a commercial sale Small coastal shark (SCS) means one is fishing in such a tournament, such endorsement issued under paragraph (b) of the species, or a part thereof, listed vessel must comply with HMS Angling of this section, or one of the following in heading B, Small Coastal Sharks, of category regulations, except as provided swordfish permits: A swordfish directed Table 1 of appendix A to this part. in paragraphs (c)(3) through (5) of this LAP, swordfish incidental LAP, * * * * * section. swordfish handgear LAP, or a Swordfish Smoothhound shark(s) means one of * * * * * General Commercial permit. These the species, or part thereof, listed in (d) * * * permits cannot be held in combination heading E, Smoothhound Sharks, of (4) A person can obtain an Atlantic with each other on the same vessel, Table 1 of appendix A to this part. Tunas Longline category LAP for a except that an HMS Charter/Headboat * * * * * vessel only if the vessel has been issued permit with a commercial sale ■ 3. In § 635.4, revise paragraphs (a)(3), both a LAP for shark and a LAP, other endorsement may be held in (6), and (8), (c)(2), (d)(4), (e)(2) through than handgear, for swordfish. Atlantic combination with a swordfish handgear (4), (f)(1), (2), (4), and (5), (g)(2), Tunas Longline category LAPs may only LAP on the same vessel. It is a (h)(1)(iii), (h)(2), (l)(2)(ii)(A) through (C), be obtained through transfer from rebuttable presumption that the owner (l)(2)(iii) through (ix), and (m)(2) to read current owners consistent with the or operator of a vessel on which as follows: provisions under paragraph (l)(2) of this swordfish are possessed in excess of the section. recreational retention limits intends to § 635.4 Permits and fees. * * * * * sell the swordfish. (2) The only valid * * * * * (e) * * * commercial Federal vessel permits for (a) (2) The owner of vessels that fish for, swordfish are the HMS Charter/ * * * * * take, retain, or possess the Atlantic Headboat permit with a commercial sale (3) Property rights. LAPs or any other oceanic sharks listed in headings A, B, endorsement issued under paragraph (b) permit issued pursuant to this part do or C of Table 1 of appendix A to this of this section (and only when on a non not represent either an absolute right to part with an intention to sell must for-hire trip), the Swordfish General the resource or any interest that is obtain a Federal Atlantic commercial Commercial permit issued under subject to the takings provision of the shark directed or incidental LAP or an paragraph (f) of this section, a swordfish Fifth Amendment of the U.S. HMS Commercial Caribbean Small Boat LAP issued consistent with paragraphs Constitution. Rather, LAPs represent permit. The only valid Federal (l) and (m) of this section, or permits only a harvesting privilege that may be commercial shark directed and shark issued under paragraphs (n) and (o) of revoked, suspended, or amended subject incidental LAPs are those that have this section. to the requirements of the Magnuson- been issued under the limited access * * * * * Stevens Act or other applicable law. program consistent with the provisions (4) A directed or incidental swordfish * * * * * under paragraphs (l) and (m) of this LAP is valid only when the vessel has (6) Sanctions and denials. A permit section. on board a valid shark LAP and a valid issued under this section may be (3) A vessel owner issued or required Atlantic Tunas Longline category LAP revoked, suspended, or modified, and a to be issued a Federal Atlantic issued for such vessel.

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(5) A Swordfish General Commercial and net tonnage may be increased, (vii) The owner of a vessel issued a permit may not be held on a vessel in relative to the baseline specifications of LAP(s) who sells the permitted vessel conjunction with an HMS Charter/ the vessel initially issued the LAP, but retains the LAP(s) must notify Headboat permit issued under through refitting, replacement, or NMFS within 30 days after the sale of paragraph (b) of this section, an HMS transfer. An increase in any of these the change in application information in Angling category permit issued under three specifications of vessel size may accordance with paragraph (i) of this paragraph (c) of this section, a swordfish not exceed 10 percent of the baseline section. If the owner wishes to transfer LAP issued consistent with paragraphs specifications of the vessel initially the LAP(s) to a replacement vessel, he/ (l) and (m) of this section, an Incidental issued the LAP. This type of upgrade she must apply according to the HMS Squid Trawl permit issued under may be done separately from an engine procedures in paragraph (l)(2)(iv) of this paragraph (n) of this section, or an HMS horsepower upgrade. section. Commercial Caribbean Small Boat (iii) No person or entity may own or (viii) As specified in paragraph (f)(4) permit issued under paragraph (o) of control more than 5 percent of the of this section, a directed or incidental this section. A vessel issued a Swordfish vessels for which swordfish directed, swordfish LAP, a directed or incidental General Commercial open access permit shark directed, or Atlantic Tunas shark LAP, and an Atlantic Tunas for a fishing year shall not be issued an Longline category LAPs have been Longline category LAP are required to HMS Angling permit or an HMS issued. retain swordfish for commercial Charter/Headboat permit for that same (iv) In order to transfer a swordfish, purposes. Accordingly, a swordfish LAP fishing year, regardless of a change in shark, or an Atlantic Tunas Longline obtained by transfer without either a the vessel’s ownership. category LAP to a replacement vessel, directed or incidental shark LAP or an (g) * * * the owner of the vessel issued the LAP Atlantic Tunas Longline category LAP (2) Shark. A dealer, as defined in must submit a request to NMFS, at an will not entitle an owner or operator to § 600.10 of this chapter, must possess a address designated by NMFS, to transfer use a vessel to fish in the swordfish valid federal Atlantic shark dealer the LAP to another vessel, subject to fishery. permit to purchase, trade, or barter any requirements specified in paragraph (ix) As specified in paragraph (d)(4) of Atlantic shark listed in Table 1 of (l)(2)(ii) of this section, if applicable. this section, a directed or incidental appendix A to this part except as noted The owner must return the current valid swordfish LAP, a directed or incidental under paragraph (o) of this section. LAP to NMFS with a complete shark LAP, and an Atlantic Tunas application for a LAP, as specified in Longline category LAP are required to * * * * * paragraph (h) of this section, for the retain Atlantic tunas taken by pelagic (h) * * * replacement vessel. Copies of both longline gear. Accordingly, an Atlantic (1) * * * vessels’ U.S. Coast Guard Tunas Longline category LAP obtained (iii) NMFS may require an applicant documentation or state registration must by transfer without either a directed or to provide documentation supporting accompany the application. incidental swordfish or shark LAP will the application before a permit is issued (v) For swordfish, shark, and Atlantic not entitle an owner or operator to use or to substantiate why such permit Tunas Longline category LAP transfers the permitted vessel to fish in the should not be revoked or otherwise to a different person, the transferee must Atlantic tunas fishery with pelagic sanctioned under paragraph (a)(6) of submit a request to NMFS, at an address longline gear. this section. designated by NMFS, to transfer the (m) * * * * * * * * original LAP(s), subject to the (2) Shark and swordfish permits. A (2) LAPs for swordfish and shark. See requirements specified in paragraphs vessel owner must obtain the applicable paragraph (l) of this section for transfers (l)(2)(ii) and (iii) of this section, if LAP(s) issued pursuant to the of LAPs for shark and swordfish. See applicable. The following must requirements in paragraphs (e) and (f) of paragraph (m) of this section for accompany the completed application: this section and/or a Federal renewals of LAPs for shark and The original LAP(s) with signatures of commercial smoothhound permit issued swordfish. both parties to the transaction on the under paragraph (e) of this section; or an * * * * * back of the permit(s) and the bill of sale HMS Commercial Caribbean Small Boat (l) * * * for the permit(s). A person must include permit issued under paragraph (o) of (2) * * * copies of both vessels’ U.S. Coast Guard this section, if: The vessel is used to fish (ii) * * * documentation or state registration for for or take sharks commercially from the (A) The vessel baseline specifications LAP transfers involving vessels. management unit; sharks from the are the respective specifications (length (vi) For LAP transfers in conjunction management unit are retained or overall, gross registered tonnage, net with the sale of the permitted vessel, the possessed on the vessel with an tonnage, horsepower) of the first vessel transferee of the vessel and LAP(s) intention to sell; or sharks from the that was issued an initial LAP or, if issued to that vessel must submit a management unit are sold from the applicable, of that vessel’s replacement request to NMFS, at an address vessel. A vessel owner must obtain the owned as of May 28, 1999. designated by NMFS, to transfer the applicable LAP(s) issued pursuant to the (B) Subsequent to the issuance of a limited access permit(s) LAP(s), subject requirements in paragraphs (e) and (f) of swordfish handgear LAP, the vessel’s to the requirements specified in this section, a Swordfish General horsepower may be increased, relative paragraphs (l)(2)(ii) and (iii) of this Commercial permit issued under to the baseline specifications of the section, if applicable. The following paragraph (f) of this section, an vessel initially issued the LAP, through must accompany the completed Incidental HMS Squid Trawl permit refitting, replacement, or transfer. Such application: The original LAP(s) with issued under paragraph (n) of this an increase may not exceed 20 percent signatures of both parties to the section, an HMS Commercial Caribbean of the baseline specifications of the transaction on the back of the permit(s), Small Boat permit issued under vessel initially issued the LAP. the bill of sale for the LAP(s) and the paragraph (o) of this section, or an HMS (C) Subsequent to the issuance of a vessel, and a copy of the vessel’s U.S. Charter/Headboat permit with a swordfish handgear LAP, the vessel’s Coast Guard documentation or state commercial sale endorsement issued length overall, gross registered tonnage, registration. under paragraph (b) of this section,

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which authorizes a Charter/Headboat to dealers must provide a detailed report of (ii) In block Arabic numerals fish commercially for swordfish on a all fish first received to NMFS within permanently affixed to or painted on the non for-hire trip subject to the retention the period specified under paragraph vessel in contrasting color to the limits at § 635.24(b)(4) if: The vessel is (b)(1)(ii) of this section. All reports must background. used to fish for or take swordfish be species-specific and must include the * * * * * commercially from the management required information about all (c) * * * unit; swordfish from the management swordfish and sharks received by the (1) The owner or operator of a vessel unit are retained or possessed on the dealer, including the required vessel for which a permit has been issued vessel with an intention to sell; or information, regardless of where the fish under § 635.4 and that uses handline, swordfish from the management unit are were harvested or whether the buoy gear, harpoon, longline, or gillnet, sold from the vessel. The commercial harvesting vessel is permitted under must display the vessel’s name, retention and sale of swordfish from § 635.4. For sharks, each report must registration number, or Atlantic Tunas, vessels issued an HMS Charter/ specify the total weight of the HMS Angling, or HMS Charter/ Headboat permit with a commercial sale carcass(es) without the fins for each Headboat permit number on each float endorsement is permissible only when species, and the total fin weight by attached to a handline, buoy gear, or the vessel is on a non for-hire trip. Only grade for all sharks combined. Dealers harpoon, and on the terminal floats and persons holding non-expired shark and are also required to submit ‘‘negative’’ high-flyers (if applicable) on a longline swordfish LAP(s) in the preceding year reports, indicating no receipt of any or gillnet used by the vessel. The are eligible to renew those LAP(s). species, within the timeframe specified vessel’s name or number must be at Transferors may not renew LAP(s) that under paragraph (b)(1)(ii) of this section least 1 inch (2.5 cm) in height in block have been transferred according to the if they did not first receive any fish letters or Arabic numerals in a color that procedures in paragraph (l) of this during the reporting period. As stated in contrasts with the background color of section. § 635.4(a)(6), failure to comply with the float or high-flyer. * * * * * these recordkeeping and reporting * * * * * ■ 4. In § 635.5, revise paragraphs requirements may result in existing ■ 6. In § 635.8, revise paragraphs (a)(1) (a)(5)(ii), (b)(1)(i), and (c)(2) to read as dealer permit(s) being revoked, and (3) and (c)(2) and (3) to read as follows: suspended, or modified, and in the follows: denial of any permit applications. § 635.5 Recordkeeping and reporting. * * * * * § 635.8 Workshops. * * * * * (c) * * * (a) * * * (1) Both the owner and operator of a (a) * * * (2) Non-tournament landings. The (5) * * * vessel that fishes with longline or gillnet owner, or the owner’s designee, of a gear must be certified by NMFS, or its (ii) Before fishing under a chartering vessel permitted, or required to be arrangement, the owner of a fishing designee, as having completed a permitted, in the Atlantic HMS Angling workshop on the safe handling, release, vessel subject to U.S. jurisdiction must or Atlantic HMS Charter/Headboat apply for, and obtain, a chartering and identification of protected species category must report all non-tournament before a shark or swordfish LAP, permit as specified in § 635.32(e) and landings of Atlantic blue marlin, (g). If a chartering permit is obtained, pursuant to § 635.4(e) and (f), is Atlantic white marlin, roundscale renewed. For the purposes of this the vessel owner must submit catch spearfish, and Atlantic sailfish, and all information as specified in the terms section, it is a rebuttable presumption non-tournament and non-commercial that a vessel fishes with longline or and conditions of that permit. All landings of North Atlantic swordfish to catches will be recorded and counted gillnet gear if: Longline or gillnet gear is NMFS by telephone to a number onboard the vessel; logbook reports against the applicable quota of the designated by NMFS, or electronically Contracting Party to which the indicate that longline or gillnet gear was via the internet to an internet website used on at least one trip in the chartering foreign entity is a member designated by NMFS, or by other means and, unless otherwise provided in the preceding year; or, in the case of a as specified by NMFS, within 24 hours permit transfer to new owners that chartering permit, must be offloaded in of that landing. For telephone landing the ports of the chartering foreign entity occurred less than a year ago, logbook reports, the owner, or the owner’s reports indicate that longline or gillnet or offloaded under the direct designee, must provide a contact phone supervision of the chartering foreign gear was used on at least one trip since number so that a NMFS designee can the permit transfer. entity. call the vessel owner, or the owner’s * * * * * designee, for follow up questions and to * * * * * (3) The owner of a vessel that fishes (b) * * * confirm the reported landing. with longline or gillnet gear, as (1) * * * Regardless of how submitted, landing specified in paragraph (a)(1) of this (i) Dealers that have been issued or reports submitted to NMFS are not section, is required to possess on board should have been issued a Federal complete unless the vessel owner, or the the vessel a valid protected species safe Atlantic BAYS tunas, swordfish, and/or owner’s designee, has received a handling, release, and identification shark dealer permit under § 635.4 must confirmation number from NMFS or a workshop certificate issued to that submit to NMFS all reports required NMFS designee. under this section within the timeframe vessel owner. A copy of a valid * * * * * specified under paragraph (b)(1)(ii) of protected species safe handling, release, this section. BAYS tunas, swordfish, ■ 5. In § 635.6, revise paragraphs and identification workshop certificate and sharks commercially-harvested by a (b)(1)(ii) and (c)(1) to read as follows: issued to the vessel owner for a vessel vessel can only be first received by that fishes with longline or gillnet gear § 635.6 Vessel and gear identification. dealers that have been issued or should must be included in the application have been issued an Atlantic tunas, * * * * * package to renew or obtain a shark or swordfish, and/or shark dealer permit (b) * * * swordfish LAP. under § 635.4. All federal Atlantic HMS (1) * * * * * * * *

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(c) * * * pounds). For the purposes of this transferred during 2006 through 2012, (2) If a vessel fishes with longline or section, the designated target species are the current owner of a permitted vessel gillnet gear as described in paragraph swordfish; yellowfin, bigeye, albacore, may also appeal on the basis of (a)(1) of this section, the vessel owner and skipjack tunas; dolphin; wahoo; and historical changes in vessel ownership may not renew a shark or swordfish porbeagle, shortfin mako, and thresher or permit transfers. Appeals based on LAP, issued pursuant to § 635.4(e) or (f), sharks. A relatively low bluefin tuna hardship factors (e.g., illness of vessel without submitting a valid protected interaction to designated species ratio owner, divorce, etc.) will not be species workshop certificate with the (‘bluefin tuna ratio’) indicates that the considered. permit renewal application. (3) A vessel vessel has successfully avoided catching * * * * * that fishes with longline or gillnet gear bluefin tuna while fishing with pelagic ■ 10. In § 635.19, revise paragraph (e)(4) as described in paragraph (a)(1) of this longline gear in the performance metric to read as follows: section and that has been, or should be, period. issued a valid LAP pursuant to * * * * * § 635.19 Authorized gears. § 635.4(e) or (f), may not fish unless a ■ 9. In § 635.15, revise paragraphs * * * * * valid protected species safe handling, (c)(3)(iv), (k) introductory text, and (e) * * * release, and identification workshop (k)(4)(iii) to read as follows: (4) Except for persons aboard a vessel certificate has been issued to both the that has been issued a directed, owner and operator of that vessel. § 635.15 Individual bluefin tuna quotas. incidental, or handgear swordfish LAP, * * * * * * * * * * a Swordfish General Commercial ■ 7. In § 635.9, revise paragraph (e)(4) to (c) * * * permit, an Incidental HMS squid trawl read as follows: (3) * * * permit, or an HMS Commercial (iv) Temporary prohibition of leasing Caribbean Small Boat permit under § 635.9 Electronic monitoring. IBQ allocation. No leasing of IBQ § 635.4, no person may fish for North * * * * * allocation is permitted between 6 p.m. Atlantic swordfish with, or possess a (e) * * * eastern time on December 31 of one year North Atlantic swordfish taken by, any (4) Completion of trip. Within 48 and 2 p.m. eastern time on January 1 of gear other than handline or rod and reel. hours of completing a fishing trip, the the next year. This period is necessary * * * * * to provide NMFS time to reconcile IBQ vessel owner or operator must mail the ■ 11. In § 635.20, revise paragraph (b) to accounts, and update IBQ shares and removable EM system hard drive(s) read as follows: containing all data to NMFS or NMFS- allocations for the upcoming fishing approved contractor, according to year. § 635.20 Size limits. instructions provided by NMFS. The * * * * * * * * * * vessel owner or operator is responsible (k) Initial IBQ shares. During year one (b) BFT size classes. If the head of a for using shipping materials suitable to of implementation of the IBQ Program BFT is no longer attached, the size class protect the hard drives (e.g., bubble described in this section, NMFS will of the BFT shall be determined using wrap), tracking the package, and issue IBQ shares to eligible Atlantic pectoral fin curved fork length (PFCFL) including a self-addressed mailing label Tunas Longline category LAP holders, multiplied by a conversion factor of for the next port of call so replacement as specified in paragraph (k)(1) of this 1.35. The CFL, as determined by hard drives can be mailed back to the section. New entrants to the pelagic conversion of the PFCFL, will be the vessel owner or operator. Prior to longline fishery would need to obtain an sole criterion for determining the size departing on a subsequent trip, the Atlantic Tunas Longline category LAP, class of a beheaded BFT. The vessel owner or operator must install a as well as other required LAPs, as conversion factor may be adjusted after replacement EM system hard drive(s) to described under § 635.4(l), and would consideration of additional scientific enable data collection and video need to lease IBQ allocations per information and fish measurement data, recording. The vessel owner or operator paragraph (c) of this section if the LAPs and will be made effective by filing is responsible for contacting NMFS or acquired did not qualify for an initial notification of the adjustment with the NMFS-approved contractor if they have IBQ share. Office of the Federal Register for requested but not received a * * * * * publication. replacement hard drive(s) and for (4) * * * * * * * * informing NMFS or NMFS-approved (iii) Items subject to IAD and appeal. ■ 12. In § 635.21, revise paragraphs contractor of any lapse in the hard drive The only items subject to an IAD or (b)(1), (c)(3) and (4), (c)(5)(ii)(C)(1), management procedures described in appeal are: Initial IBQ share eligibility (c)(5)(iii)(A), (c)(5)(iii)(B) introductory the VMP. based on ownership of an active vessel text, (c)(5)(iv), (d)(1)(iii)(D), (d)(2)(ii), * * * * * with a valid Atlantic Tunas Longline and (g)(1) through (3) to read as follows: ■ 8. In § 635.14, revise paragraph (b)(1) category LAP combined with the to read as follows: required shark and swordfish LAPs; the § 635.21 Gear operation and deployment accuracy of NMFS records regarding restrictions. § 635.14 Performance metrics. that vessel’s amount of designated * * * * * * * * * * species landings and/or bluefin (b) * * * (b) * * * interactions; and correct assignment of (1) All vessels that have pelagic or (1) Bluefin tuna interactions target species landings and bluefin bottom longline gear onboard and that performance metric. The basis for the interactions to the vessel owner/permit have been issued, or are required to bluefin tuna interactions performance holder. As described under paragraph have, a swordfish, shark, or Atlantic metric is the ratio of the number of (k)(1) of this section, the IBQ share Tunas Longline category LAP for use in bluefin tuna interactions (i.e., the formulas are based upon historical data the Atlantic Ocean including the number of fish landed, discarded dead, associated with a permitted vessel. Caribbean Sea and the Gulf of Mexico and discarded alive) to the total weight Because vessels may have changed must possess inside the wheelhouse the of designated target species landings (in ownership or permits may have been document provided by NMFS entitled

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‘‘Careful Release Protocols for Sea Atlantic Tunas Longline category LAP removing the fish from the water or any Turtle Release with Minimal Injury,’’ for use in the Atlantic Ocean, including research tags from the fish. and must also post inside the the Caribbean Sea and the Gulf of * * * * * wheelhouse the sea turtle handling and Mexico, are limited, at all times, to (g) * * * release guidelines provided by NMFS. possessing on board and/or using only (1) Persons fishing with gillnet gear * * * * * whole finfish and/or squid bait, and the must comply with the provisions (c) * * * following types and sizes of fishing implementing the Atlantic Large Whale (3) A vessel that has been issued, or hooks: Take Reduction Plan, the Bottlenose is required to have been issued, a LAP * * * * * Dolphin Take Reduction Plan, the under this part may fish with pelagic (iv) Approval of sea turtle bycatch Harbor Porpoise Take Reduction Plan, longline gear in the Cape Hatteras gear mitigation gear. NMFS will file with the and any other relevant Take Reduction restricted area described in paragraph Office of the Federal Register for Plan set forth in §§ 229.32 through (c)(2)(v) of this section, provided the publication an initial list of required sea 229.35 of this title. If a listed whale is vessel has been determined by NMFS to turtle bycatch mitigation gear that taken, the vessel operator must cease be ‘‘qualified,’’ (for the relevant year) NMFS has approved as meeting the fishing operations immediately and using the performance metrics described minimum design standards specified contact NMFS as required under part in § 635.14. under paragraph (c)(5)(i) of this section. 229 of this title. (4) In the Gulf of Mexico, pelagic Other devices proposed for use, such as (2) While fishing with a drift gillnet, longline gear may not be fished or line clippers or cutters or dehookers, as a vessel issued or required to be issued deployed from a vessel issued or specified under paragraphs (c)(5)(i)(A) a Federal Atlantic commercial shark required to have been issued a LAP through (C), (G), and (H) through (K) of LAP and/or a Federal commercial under this part with live bait affixed to this section, must be approved as smoothhound permit must conduct net the hooks; and, a person aboard a vessel meeting the minimum design standards checks at least every 2 hours to look for issued or required to have been issued before being used. NMFS will examine and remove any sea turtles, marine a LAP under this part that has pelagic new devices, as they become available, mammals, Atlantic sturgeon, or longline gear on board may not possess to determine if they meet the minimum smalltooth sawfish, and the drift gillnet live baitfish, maintain live baitfish in design standards, and will file with the must remain attached to at least one any tank or well on board the vessel, or Office of the Federal Register for vessel at one end, except during net set up or attach an aeration or water publication notification of any new checks. Smalltooth sawfish must not be circulation device in or to any such tank devices that are approved as meeting the removed from the water while being or well. For the purposes of this section, standards. removed from the net. the Gulf of Mexico includes all waters * * * * * (3) While fishing with a sink gillnet, of the U.S. EEZ west and north of the (d) * * * vessels issued or required to be issued boundary stipulated at 50 CFR (1) * * * a Federal Atlantic commercial shark 600.105(c). (iii) * * * LAP and/or a Federal commercial (5) * * * (D) Charleston Deep Artificial Reef. smoothhound permit must limit the (ii) * * * Bounded by rhumb lines connecting, in soak time of the sink gillnet gear to no (C) * * * order, the following points: 32°9.65′ N more than 24 hours, measured from the (1) Non-boated turtles should be lat., 79°9.2′ W long.; 32°7.155′ N lat., time the sink gillnet first enters the brought close to the boat and provided 79°5.595′ W long.; 32°2.36′ N lat., water to the time it is completely with time to calm down. Then, it must 79°9.975′ W long.; 32°5.04′ N lat., removed from the water. Smalltooth be determined whether or not the hook 79°13.575′ W long. sawfish must not be removed from the can be removed without causing further * * * * * water while being removed from the net. injury. A front flipper or flippers of the (2) * * * * * * * * turtle must be secured with an approved (ii) Handling and release ■ 13. In § 635.22, revise paragraphs turtle control device from the list requirements. Sea turtle bycatch (c)(1) and (5), (d), and (f) introductory specified in paragraph (c)(2)(vii)(D) of mitigation gear, as required by text to read as follows: this section. paragraph (d)(2)(i) of this section, must * * * * * be used to disengage any hooked or § 635.22 Recreational retention limits. (iii) * * * entangled sea turtle as stated in * * * * * (A) Gangion length. The length of any paragraph (c)(5)(ii) of this section. This (c) * * * gangion on vessels that have pelagic mitigation gear should also be employed (1) The recreational retention limit for longline gear on board and that have to disengage any hooked or entangled sharks applies to any person who fishes been issued, or are required to have, a species of prohibited sharks as listed in any manner, except to persons aboard swordfish, shark, or Atlantic Tunas under heading D, Prohibited Sharks, of a vessel that has been issued a Federal Longline category LAP for use in the Table 1 of appendix A to this part, any Atlantic commercial shark vessel permit Atlantic Ocean including the Caribbean hooked or entangled species of sharks under § 635.4. The retention limit can Sea and the Gulf of Mexico must be at that exceed the retention limits as change depending on the species being least 10 percent longer than any specified in § 635.24(a), and any hooked caught and the size limit under which floatline length if the total length of any or entangled smalltooth sawfish. In they are being caught as specified under gangion plus the total length of any addition, if a smalltooth sawfish is § 635.20(e). If a commercial Atlantic floatline is less than 100 meters. caught, the fish should be kept in the shark quota is closed under § 635.28(b), (B) Hook size, type, and bait. Vessels water while maintaining water flow the recreational retention limit for fishing outside of the NED gear over the gills and the fish should be sharks and no sale provision in restricted area, as defined at § 635.2, examined for research tags. All paragraph (a) of this section may be that have pelagic longline gear on board, smalltooth sawfish must be released in applied to persons aboard a vessel and that have been issued, or are a manner that will ensure maximum issued a Federal Atlantic commercial required to have, a swordfish, shark, or probability of survival, but without shark vessel permit under § 635.4(e),

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only if that vessel has also been issued § 635.26(a) is not authorized from such the Atlantic region is defined as a line an HMS Charter/Headboat permit with vessel. On days other than RFDs, and beginning on the east coast of Florida at a shark endorsement under § 635.4(b) when the General category is open, large the mainland at 25°20.4′ N. lat., and is engaged in a for-hire fishing trip. medium or giant BFT may be caught proceeding due east. Any water and A person on board a vessel that has been and landed from such vessels up to the land to the south and west of that issued or is required to be issued a daily retention limit in effect for that boundary is considered, for the permit with a shark endorsement under day. NMFS will annually publish a purposes of quota monitoring and § 635.4 may be required to use non- schedule of RFDs in the Federal setting of quotas, to be within the Gulf offset, corrodible circle hooks as Register. of Mexico region. Any water and land specified in § 635.21(f) and (k) in order * * * * * to the north and east of that boundary, to retain sharks per the retention limits (4) To provide for maximum for the purposes of quota monitoring specified in this section. utilization of the quota for BFT, NMFS and setting of quotas, is considered to be * * * * * may increase or decrease the daily within the Atlantic region. (5) Sharks listed in Table 1 of retention limit of large medium and * * * * * appendix A to this part that are not giant BFT over a range from zero (on listed in this section, must be released RFDs) to a maximum of five per vessel. (c) * * * by persons aboard a vessel that has not Such increase or decrease will be based (1) * * * been issued a Federal Atlantic on the criteria provided under (i) * * * commercial shark vessel permit under § 635.27(a)(8). NMFS will adjust the (A) A swordfish from the North § 635.4(e). daily retention limit specified in Atlantic stock caught prior to the paragraph (a)(2) of this section by filing * * * * * directed fishery closure by a vessel for (d) Yellowfin tuna. Three yellowfin an adjustment with the Office of the which a directed swordfish LAP, a tunas per person per day may be Federal Register for publication. In no swordfish handgear LAP, an HMS retained. Regardless of the length of a case shall such adjustment be effective Commercial Caribbean Small Boat trip, no more than three yellowfin tuna less than 3 calendar days after the date permit, a Swordfish General per person may be possessed on board of filing with the Office of the Federal Commercial open access permit, or an a vessel. The recreational retention limit Register, except that previously for yellowfin tuna applies to a person designated RFDs may be waived HMS Charter/Headboat permit with a who fishes in any manner, except to a effective upon closure of the General commercial sale endorsement (and only person aboard a vessel issued an category fishery so that persons aboard when on a non for-hire trip) has been Atlantic Tunas vessel permit under vessels permitted in the General issued or is required to have been issued § 635.4(d). The recreational retention category may conduct tag-and-release is counted against the directed fishery limit for yellowfin tuna applies to fishing for BFT under § 635.26(a). quota. The total baseline annual fishery quota, before any adjustments, is 2,937.6 persons, including captain and crew, * * * * * mt dw for each fishing year. Consistent aboard a vessel that has been issued an ■ 15. In § 635.27, revise the paragraphs Atlantic HMS Charter/Headboat permit with applicable ICCAT (b)(1) introductory text, (c)(1)(i)(A) and recommendations, a portion of the total under § 635.4(b) only when the vessel is (B), and (d)(1) to read as follows: engaged in a for-hire trip. baseline annual fishery quota may be used for transfers to another ICCAT * * * * * § 635.27 Quotas. (f) North Atlantic swordfish. The * * * * * contracting party. The annual directed recreational retention limits for North (b) * * * category quota is calculated by adjusting Atlantic swordfish apply to persons (1) Commercial quotas. The for over- or under harvests, dead who fish in any manner, except to commercial quotas for sharks specified discards, any applicable transfers, the persons aboard a vessel that has been in this section apply to all sharks incidental category quota, the reserve issued an HMS Charter/Headboat permit harvested from the management unit, quota and other adjustments as needed, with a commercial sale endorsement regardless of where harvested. Sharks and is subdivided into two equal under § 635.4(b) and only when on a caught and landed commercially from semiannual periods: One for January 1 non for-hire trip; a directed, incidental state waters, even by fishermen without through June 30, and the other for July or handgear swordfish LAP under Federal shark permits, must be counted 1 through December 31. § 635.4(e) and (f); a Swordfish General against the appropriate commercial (B) A swordfish from the North Commercial permit under § 635.4(f); an quota. Any of the base quotas listed Atlantic swordfish stock landed by a Incidental HMS Squid Trawl permit below, including regional and/or sub- vessel for which an incidental swordfish under § 635.4(n); or an HMS regional base quotas, may be adjusted LAP, an incidental HMS Squid Trawl Commercial Caribbean Small boat per paragraph (b)(2) of this section. Any permit, an HMS Angling permit, or an permit under § 635.4(o). sharks landed commercially as HMS Charter/Headboat permit (and * * * * * ‘‘unclassified’’ will be counted against only when on a for-hire trip) has been ■ 14. In § 635.23, revise paragraphs the appropriate quota based on the issued, or a swordfish from the North (a)(2) and (4) to read as follows: species composition calculated from Atlantic stock caught after the effective data collected by observers on non- date of a closure of the directed fishery § 635.23 Retention limits for bluefin tuna. research trips and/or dealer data. No from a vessel for which a swordfish * * * * * prohibited sharks, including parts or directed LAP, a swordfish handgear (a) * * * pieces of prohibited sharks, which are LAP, an HMS Commercial Caribbean (2) On an RFD, no person aboard a listed under heading D, Prohibited Small Boat permit, a Swordfish General vessel that has been issued an Atlantic Sharks, of Table 1 of appendix A to this Commercial open access permit, or an Tunas General category permit may fish part, may be retained except as HMS Charter/Headboat permit with a for, possess, retain, land, or sell a BFT authorized under § 635.32. For the commercial sale endorsement (when on of any size class, and catch-and-release purposes of this section, the boundary a non for-hire trip) has been issued, is or tag-and-release fishing for BFT under between the Gulf of Mexico region and counted against the incidental category

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quota. The annual incidental category that have pelagic longline gear on board determines the species only meets one quota is 300 mt dw for each fishing year. cannot possess, retain, land, or sell criterion. * * * * * sharks. * * * * * (d) * * * (c) * * * ■ 19. In § 635.40, revise the introductory (1) Unless adjusted under paragraph (3) Bluefin tuna Longline category text of paragraph (b)(1) and remove and (d)(2) of this section or by an ICCAT closure. If the Atlantic Tunas Longline reserve paragraph (b)(3) to read as recommendation, the annual landings category quota is closed as specified in follows: limit is 250 Atlantic blue and white paragraph (a)(3) of this section, vessels marlin, combined. Annual landings of that have pelagic longline gear on board § 635.40 Restrictions to enhance roundscale spearfish are also included cannot possess or land any North conservation. to the blue and white marlin annual Atlantic swordfish or bluefin tuna. * * * * * landings limit. Should the U.S. (d) Northern albacore tuna. When the (b) * * * recreational Atlantic marlin landing annual fishery quota specified in (1) For the purposes of paragraph (a) limit be adjusted by an ICCAT § 635.27(e) is reached, or is projected to of this section and section 971d(6)(a) of recommendation, NMFS will file a be reached, NMFS will file a closure ATCA, a shipment of fish in any form notice identifying the new landing limit action with the Office of the Federal of the species under regulation or under with the Office of the Federal Register Register for publication. When the investigation by ICCAT offered for for publication prior to the start of the fishery for Northern albacore tuna is entry, directly or indirectly, from a next fishing year or as early as possible. closed, Northern albacore tuna may not country named in a finding filed with * * * * * be retained. If the Atlantic Tunas the Office of the Federal Register for ■ 16. In § 635.28, revise paragraphs Longline category quota is closed as publication under paragraph (a) of this (a)(3) introductory text, (b)(1)(iv), (b)(7), specified in paragraph (a)(3) of this section is eligible for entry if the (c)(3), and (d) to read as follows: section, vessels that have pelagic shipment is accompanied by a completed ATCA COE attached to the § 635.28 Fishery closures. longline gear on board cannot possess or land any Northern albacore tuna. invoice certifying that the fish in the * * * * * shipment: ■ 17. In § 635.31, revise paragraph (d)(2) (a) * * * * * * * * (3) When the Atlantic Tunas Longline to read as follows: category quota is reached, projected to ■ 20. In § 635.71 revise paragraphs § 635.31 Restrictions on sale and (a)(53), (b)(20), (36) through (38), and be reached, or exceeded, or when there purchase. is high uncertainty regarding the (40), and (e)(10) and (11) to read as estimated or documented levels of * * * * * follows: (d) * * * bluefin tuna catch, NMFS will file a § 635.71 Restrictions on sale and closure action with the Office of the (2) Atlantic swordfish dealers may purchase. first receive a swordfish harvested from Federal Register for publication. On and * * * * * after the effective date and time of such the Atlantic Ocean only from an owner (a) * * * action, for the remainder of the fishing or operator of a fishing vessel that has year or for a specified period as a valid commercial permit for swordfish (53) Fish for, catch, possess, retain, or indicated in the closure action, vessels issued under this part, and only if the land an Atlantic swordfish using, or that have been issued or are required to dealer has submitted reports to NMFS captured on, ‘‘buoy gear’’ as defined at have a LAP under § 635.4 and that have according to reporting requirements of § 635.2, unless the vessel owner has pelagic longline gear onboard are § 635.5(b)(1)(ii). Atlantic swordfish been issued a swordfish directed limited prohibited from leaving port, regardless dealers may first receive a swordfish access 125 permit or a swordfish of the amount of bluefin tuna quota from a vessel that has pelagic longline handgear LAP in accordance with allocation remaining to each vessel or gear onboard only if the Atlantic Tunas § 635.4(f) or a valid HMS Commercial the amount of fishery quota remaining Longline category has not been closed, Caribbean Small Boat permit in for other species. In addition to as specified in § 635.28(a)(3). accordance with § 635.4(o). * * * * * providing notice in the Federal ■ 18. In § 635.34, revise the introductory (b) * * * Register, NMFS will also notify vessels text of paragraph (c) to read as follows: of any closures and their timing via (20) Approach to within 100 yd VMS and may use other electronic § 635.34 Adjustment of management (91.5 m) of the cork line of a purse seine methods, such as email. Vessels would measures. net used by a vessel fishing for Atlantic be required to return to port prior to the * * * * * tuna, or for a purse seine vessel to closure date/time. When considering (c) NMFS may add species to the approach to within 100 yd (91.5 m) of whether to close or reopen the Longline prohibited shark species group specified a vessel actively fishing for Atlantic category quota, NMFS may consider the in heading D, Prohibited Sharks, of tuna, except that two vessels that have following factors: Table 1 of appendix A to this part if, Atlantic Tunas Purse Seine category * * * * * after considering the criteria in LAPs may approach closer to each (b) * * * paragraphs (c)(1) through (4) of this other. (1) * * * section, the species is determined to * * * * * (iv) The species is a prohibited meet at least two of the criteria. (36) Possess J-hooks onboard a vessel species as listed under heading D, Alternatively, NMFS may remove that has pelagic longline gear onboard, Prohibited Species of Table 1 of species from the prohibited shark and that has been issued, or is required appendix A to this part; or species group and place them in the to have, a swordfish, shark, or Atlantic * * * * * appropriate shark species group in Tunas Longline category LAP for use in (7) If the Atlantic Tunas Longline Table 1 of appendix A if, after the Atlantic Ocean, including the category quota is closed as specified in considering the criteria in paragraphs Caribbean Sea and the Gulf of Mexico, paragraph (a)(3) of this section, vessels (c)(1) through (4) of this section, NMFS except when green-stick gear is onboard,

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as specified at § 635.21(c)(2)(vii)(A) and (40) Possess, use, or deploy J-hooks with § 635.4(f) or a valid HMS (c)(5)(iii)(B)(3). smaller than 1.5 inch (38.1 mm), when Commercial Caribbean Small Boat (37) Use or deploy J-hooks with measured in a straight line over the permit in accordance with § 635.4(o). pelagic longline gear from a vessel that longest distance from the eye to any part (11) As the owner of a vessel has been issued, or is required to have, of the hook, when fishing with or permitted, or required to be permitted, a swordfish, shark, or Atlantic Tunas possessing green-stick gear onboard a in the swordfish directed, swordfish Longline category LAP for use in the vessel that has been issued, or is Atlantic Ocean, including the Caribbean required to have, a swordfish, shark, or handgear LAP category, or issued a Sea and Gulf of Mexico, as specified in Atlantic Tunas Longline category LAP valid HMS Commercial Caribbean Small § 635.21(c)(5)(iii)(B). for use in the Atlantic Ocean, including Boat permit and utilizing buoy gear, to (38) As specified in the Caribbean Sea and Gulf of Mexico, possess or deploy more than 35 § 635.21(c)(5)(iii)(B)(3), possess more as specified at § 635.21(c)(5)(iii)(B)(3) or individual floatation devices, to deploy than 20 J-hooks onboard a vessel that (c)(2)(vii)(A). more than 35 individual buoy gears per has been issued, or is required to have, * * * * * vessel, or to deploy buoy gear without a swordfish, shark, or Atlantic Tunas (e) * * * affixed monitoring equipment, as Longline category LAP for use in the (10) Fish for, catch, possess, retain, or specified at § 635.21(h). Atlantic Ocean, including the Caribbean land an Atlantic swordfish using, or * * * * * Sea and Gulf of Mexico, when captured on, ‘‘buoy gear’’ as defined at [FR Doc. 2018–14916 Filed 7–16–18; 8:45 am] possessing onboard both pelagic § 635.2, unless, as specified in BILLING CODE 3510–22–P longline gear and green-stick gear as § 635.19(e)(3), the vessel owner has been defined in § 635.2. issued a swordfish directed LAP or a * * * * * swordfish handgear LAP in accordance

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