278 Subpart C—Atlantic Tunas Other Than Bluefin Tuna

§ 285.33 50 CFR Ch. II (10–1–96 Edition)

(c) Any person who violates § 285.31(b) by persons on board fishing vessels sub- will be assessed a civil penalty in ac- ject to the jurisdiction of the United cordance with the criteria set forth in States is authorized only for handline, 16 U.S.C. 971e. rod and reel (including downriggers), harpoon, purse seine, longline, drift [50 FR 43400, Oct. 25, 1985, as amended at 60 FR 38515, July 27, 1995] gillnet and bandit gear unless the gear is authorized under an experimental § 285.33 Gear identification. fishing exemption issued pursuant to the requirements of § 285.7. Any flotation device attached to handline or harpoon gear must be § 285.52 Size limits. marked with the Atlantic bluefin tuna permit number of the vessel from (a) Fishing for, catching, retaining, which it is used. The required mark- or possessing of Atlantic yellowfin and ings must be permanently affixed and bigeye tunas in the regulatory area by at least one inch in height in block Ar- persons aboard fishing vessels subject abic numerals of a color that contrasts to the jurisdiction of the United States with the background color of the flota- is authorized only for yellowfin or big- tion device. eye tuna measuring 27 inches (69 cm) or more in total curved fork length. § 285.34 Restrictions on sale. (b) Total curved fork length is the (a) Any Atlantic bluefin tuna less sole criterion for determining the size than the large medium size class may class of whole (head on) Atlantic yel- not be, or attempted to be, purchased, lowfin and bigeye tuna. For this pur- bartered, traded, sold, or offered for pose, all measurements must be taken sale, or retained or possessed by a deal- in a line tracing the contour of the er or seafood processor in any state un- body from the tip of the upper jaw to less it is lawfully imported and is ac- the fork of the tail, which abuts the companied by the Commission’s ventral side of the pectoral fin and the Bluefin Tuna Statistical Document. ventral side of the caudal keel. (b) Except for a bluefin tuna landed [61 FR 30187, June 14, 1996] in a Pacific state and remaining in the state of landing, a bluefin tuna that is § 285.53 Vessel permits. possessed by a dealer or seafood proc- (a) Permit requirements. The operator essor is deemed to be a bluefin tuna of each vessel that fishes for, or takes, harvested from the Atlantic Ocean by a Atlantic yellowfin, bigeye, albacore, United States vessel unless it is accom- and skipjack tunas and Atlantic bonito panied by the Commission’s Bluefin must have on board a valid permit is- Tuna Statistical Document. sued under this section. [60 FR 38515, July 27, 1995] (b) Commercial vessel permits. Effective November 15, 1995, as a prerequisite to Subpart C—Atlantic Tunas Other selling Atlantic yellowfin, bigeye, albacore, and skipjack tunas and Atlantic Than Bluefin Tuna bonito and to be eligible for exemption from applicable bag limits, if any, spec- SOURCE: 60 FR 38516, July 27, 1995, unless otherwise noted. ified in this subpart, an owner or operator of a vessel that fishes for or takes Atlantic yellowfin, bigeye, albacore, § 285.50 Species subject to regulation. and skipjack tunas and Atlantic bonito Regulations contained in this sub- must be issued by the Regional Direc- part pertain to yellowfin tuna, bigeye tor a vessel permit in the commercial tuna, albacore tuna, skipjack tuna and category appropriate for the gear type Atlantic bonito. or method of fishing. (c) Charter/Headboat vessel permits. Ef- § 285.51 Authorized fishing gear. fective November 15, 1995, owners or op- Fishing for, catching, retention or erators of charter vessels and possession of Atlantic yellowfin, big- headboats must be issued by the Re- eye, albacore, and skipjack tunas and gional Director a charter/headboat ves- Atlantic bonito in the regulatory area sel permit to lawfully fish for, catch,

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retain or land Atlantic yellowfin, big- fishery (50 CFR part 630) have been is- eye, albacore, and skipjack tunas and sued are eligible to fish for and take Atlantic bonito. Anglers on board char- Atlantic yellowfin, bigeye, albacore, ter vessels and headboats must adhere and skipjack tunas and Atlantic bonito to applicable catch limits for the rec- using the authorized gear and subject reational fisheries. to fishing restrictions applicable to the (d) Recreational vessel permits. Effec- permit issued to the vessel. Owners or tive January 1, 1996, owners or opera- operators of vessels fishing for Atlantic tors of private recreational vessels are yellowfin, bigeye, albacore, and skip- required to obtain vessel permits in jack tunas and Atlantic bonito shore- order to fish for, catch, retain, or land ward of the outer boundary of the EEZ Atlantic yellowfin, bigeye, albacore, around Puerto Rico and the Virgin Is- and skipjack tunas. Anglers aboard pri- lands with only handgear on board are vate recreational vessels must adhere exempt from the permit requirements to applicable daily catch limits. Atlan- of this section. Q04 tic tunas taken on board private recreational vessels may not be sold. [60 FR 38516, July 27, 1995, as amended at 60 FR 57685, Nov. 17, 1995] (e) Purse seine. Directed purse seine fishing for Atlantic yellowfin, bigeye, § 285.54 Commercial vessel record- albacore, and skipjack tunas and At- keeping and reporting. lantic bonito is restricted to owners of those purse seine vessels that have cur- (a) The master or other person in rent Atlantic bluefin tuna purse seine charge of a fishing vessel that engages permits under § 285.21(b) and that have in commercial fishing for Atlantic yel- reported, or replaced vessels that have lowfin, bigeye, albacore, and skipjack reported, Atlantic yellowfin, skipjack, tunas and Atlantic bonito or any per- albacore or bigeye tuna landings to son as may be authorized in writing to NMFS over the period 1989 through serve as the agent of such master or 1993. The owner or operator of such person, must: purse seine vessel must apply for au- (1) Keep an accurate log of all oper- thorization to fish for Atlantic yellow- ations conducted from the vessel, en- fin, bigeye, albacore, and skipjack tering therein for each day the date, tunas and Atlantic bonito in writing to noon position (stated in latitude and the Regional Director by April 15. The longitude or in relation to known phys- owner must supply documentation of ical features), and the tonnage of tuna the vessel’s stockholders, owners, part- on board by species. The record and ners, or association structure and bridge log shall be sufficient to comply records of landings to verify that the with this paragraph, provided however, vessel meets the qualifying criteria. that the items of information specified The Regional Director will review herein are fully and accurately entered these applications for authorization on in such log; and, or about May 1 and issue authoriza- (2) Furnish on a form obtainable from tions as appropriate. the Regional Director, following the (f) Exemptions. In lieu of a permit is- sale or delivery of a catch of tuna made sued under this section, persons on board a vessel for which a valid permit by such vessel, a report, certified to be for the Atlantic bluefin tuna fishery correct as to facts within the knowl- has been issued under § 285.21 of this edge of the reporting individual, giving part are eligible to fish for and take the name and official number of the Atlantic yellowfin, bigeye, albacore, fishing vessel, the dates of beginning and skipjack tunas and Atlantic bonito and ending of the fishing voyage, the using the authorized gear and subject port of departure, and a listing sepa- to the commercial fishing restrictions rately by species of the round weight applicable to the category of permit is- quantities (pounds or short tons) of sued for the vessel. In lieu of a permit tuna sold or delivered. At the option of issued under this section, owners or op- the vessel master or other person in erators of vessels for which valid per- charge, a copy of the fish ticket, mits for the Atlantic shark fishery (50 weighout slip, settlement sheet, or CFR part 678) or the Atlantic swordfish similar record issued by the dealer or

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his agent may, however, be used for re- jurisdiction of the United States is a porting purposes in lieu of the form ob- prohibited act within the meaning of tainable from the Regional Director, if § 285.3. such alternate record is similarly cer- (f) Any person authorized to carry tified and contains all items of infor- out enforcement activities under the mation required by this paragraph. Act or these regulations has power, Such sale and delivery reports must be without warrant or other process, to delivered or post marked and mailed to inspect, at any reasonable time, catch the Regional Director within 72 hours on board the vessel, log books, catch after weighout has been completed. reports, statistical records, or other re- (b) The master or other person in ports as required by the regulations in charge of a fishing vessel, subject to this part to be made, kept or furnished. the jurisdiction of the United States, (g) Owners and operators of vessels except vessels proceeding directly to fishing for Atlantic yellowfin, bigeye, Puerto Rico or to any other U.S. port albacore, and skipjack tunas and At- for unloading, must report to the Re- lantic bonito shoreward of the outer gional Director not less than 48 hours boundary of the EEZ around Puerto prior to entering the regulatory area Rico and the Virgin Islands with only via the Panama Canal. In addition, the handgear on board are exempt from the master or other person in charge of a reporting requirements of this section. vessel, subject to the jurisdiction of the United States except a vessel with- § 285.55 Dealer permits. out fish on board, must notify the Re- gional Director not less than 48 hours (a) General. Effective November 15, prior to leaving the regulatory area via 1995, a dealer purchasing or attempting the Panama Canal. Each report must to purchase, receiving, possessing, im- include the name of the reporting ves- porting or exporting Atlantic yellow- sel, the tonnage by species on board, fin, bigeye, albacore, and skipjack and whether the fish were caught in tunas and Atlantic bonito must have a Pacific or Atlantic waters. valid permit required under this sec- (c) All such fishing vessels entering tion. or leaving the regulatory area via the (b) Application. Applications for a Panama Canal are subject to inspec- dealer permit must be in writing on an tion. Official seals will be affixed to appropriate form obtained from the Re- wells containing fish taken within or gional Director. The application must outside the regulatory area, as appro- be signed by the applicant, and be sub- priate and the same will be noted on mitted to the Regional Director at the vessel log. The official seals may be least 30 days before the date upon removed only by a designated agent of which the applicant desires the permit NMFS upon arrival at point of sale or to be effective. The application must delivery. contain the following information: (d) The master or other person in Company name; principal place of busi- charge of a fishing vessel subject to the ness; owner or owners’ names; appli- jurisdiction of the United States, must cant’s name (if different from owner or notify the Regional Director not less owners) and mailing address and tele- than 48 hours prior to any transfer of phone number; and any other informa- Atlantic tuna taken in the regulatory tion required by the Regional Director. area to another vessel for the purpose (c) Issuance. (1) Except as provided in of transshipment. Such reports must subpart D of 15 CFR part 904, the Re- include the date and place of unload- gional Director will issue a permit ing, name and destination of the within 30 days of receipt of a completed oncarrying vessel, and the tonnage by application. species of tuna transferred. (2) The Regional Director will notify (e) The failure to file the reports or the applicant of any deficiency in the to follow the procedures required by application. If the applicant fails to this section, the tampering with or the correct the deficiency within 15 days removal of an official seal, or the alter- following the date of notification, the ation of a fishing vessel’s log by any application will be considered aban- person or fishing vessel subject to the doned.

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(d) Duration. Any permit issued under Rico and the Virgin Islands who pur- this section remains valid until Decem- chase, sell, or re-sell only Atlantic yel- ber 31 of the year for which it is issued, lowfin, bigeye, albacore, and skipjack unless suspended or revoked. tunas and Atlantic bonito taken shore- (e) Alteration. Any permit which is ward of the outer boundary of the EEZ substantially altered, erased, or muti- around Puerto Rico and the Virgin Is- lated is invalid. lands by handgear are exempt from the (f) Replacement. The Regional Direc- permit requirements of this section. tor may issue replacement permits. An application for a replacement permit is § 285.56 Dealer recordkeeping and re- not considered a new application. porting. (g) Transfer. A permit issued under (a) A dealer who has been issued a this section is not transferable or as- dealer permit pursuant to § 285.55 must signable; it is valid only for the dealer submit reports to the Fisheries Science to whom it is issued. Center Director as specified in para- (h) Inspection. The dealer must keep graph (b) of this section. A report form the permit issued under this section at is available from the Science and Re- his/her principal place of business. The search Director. The following infor- permit must be displayed for inspec- mation must be included in each re- tion upon request of any authorized of- port: ficer, or any employee of NMFS des- (1) Name, address, and permit num- ignated by the Regional Director for ber of the dealer. such purpose. (2) Names and official numbers of (i) Sanctions. The Administrator may fishing vessels from which Atlantic suspend, revoke, modify, or deny a per- yellowfin, bigeye, albacore, and skip- mit issued or sought under this sec- jack tunas and Atlantic bonito were re- tion. Procedures governing permit ceived. sanctions and denials are found at sub- (3) Dates of receipt of Atlantic yel- part D of 15 CFR part 904. lowfin, bigeye, albacore, and skipjack (j) Fees. The Regional Director may tunas and Atlantic bonito. charge a fee to recover the administra- (4) Listed by each port and county tive expenses of permit issuance. The where Atlantic yellowfin, bigeye, alba- amount of the fee is calculated, at core, and skipjack tunas and Atlantic least annually, in accordance with the bonito were offloaded from fishing ves- procedures of the NOAA Finance Hand- sels: book for determining administrative (i) Total weight (pounds) for Atlantic costs of each special product or service. yellowfin, bigeye, albacore, and skip- The fee may not exceed such costs and jack tunas and Atlantic bonito by mar- is specified on each application form. ket category, if applicable, and for The appropriate fee must accompany other species received with the tuna, each application. Failure to pay the fee including, but not limited to, shark, will preclude issuance of the permit. swordfish, dolphin, and wahoo; and Payment by a commercial instrument (ii) Price per pound or total value later determined to be insufficiently paid by market category for tuna and funded shall invalidate any permit. other species, to the extent that such (k) Change in application information. price information is known at the time Within 15 days after any change in the of reporting. information contained in an applica- (b) A report of tuna and other appli- tion submitted under this section, the cable species received by a dealer on dealer issued a permit will report the the first through the 15th days of each change in writing to the Regional Di- month must be submitted to the rector. Science and Research Director post- (l) Exemptions. Dealers issued valid marked not later than the 20th day of permits for the Atlantic bluefin tuna that month. A report of tuna and other fishery under § 285.28 of this part, deal- applicable species received by the dealers issued valid permits for the Atlan- er on the 16th through the last day of tic shark fishery (50 CFR part 678) or each month must be submitted to the the Atlantic swordfish fishery (50 CFR Science and Research Director post- part 630), and dealers located in Puerto marked not later than the 5th day of

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the following month. If no tuna was re- § 285.57 Purse Seine vessel require- ceived during the reporting period, a ments. report so stating must be submitted (a) Mesh size. Any owner or operator postmarked as specified for that re- of a purse seine vessel conducting a di- spective reporting period. rected fishery for Atlantic yellowfin, (c) The reporting requirement of bigeye, albacore, and skipjack tunas paragraph (a) of this section may be and Atlantic bonito must use a purse satisfied by providing a copy of each seine net with a mesh size as specified appropriate weigh-out sheet and/or under § 285.25(a). sales record, provided such weigh-out (b) Inspection. The owner or operator sheet and/or sales record, by itself or of a purse seine vessel conducting a di- combined with the form available from rected fishery for Atlantic yellowfin, the Science and Research Director, in- bigeye, albacore, and skipjack tunas cludes all of the required information. and Atlantic bonito must request an (d) In lieu of providing a required re- inspection of the vessel and fishing port to the Science and Research Di- gear by an enforcement agent of NMFS rector by mail, as specified in para- prior to commencing fishing for the graph (a) of this section, a dealer may season in any fishery that may result provide a report to a state or Federal in the harvest of any regulated species. fishery port agent designated by the The owner or operator must request Science and Research Director. Reports such inspection at least 48 hours before so provided must be delivered to such commencement of the first fishing trip port agent not later than the pre- of the season. In addition, at least 48 scribed postmark date for submitting hours before commencement of offload- each such report. ing any Atlantic yellowfin, bigeye, albacore, and skipjack tunas and Atlan- (e) Additional data and inspection. Ad- tic bonito after a fishing trip, the ditional data may be collected by au- owner or operator must request an in- thorized statistical reporting agents, spection of vessel and catch by calling as designees of the Science and Re- 508–563–5721 or 508–281–9261. The inabil- search Director, and by authorized offi- ity to provide for an inspection within cers. Dealers are required to make tuna 48 hours of notification shall constitute available for inspection by the Science a waiver of this requirement. The and Research Director or an authorized owner or operator of a purse seine ves- officer and must allow an authorized sel must have the vessel’s catch infor- officer, or any employee of NMFS des- mation recorded on the appropriate ignated by the Regional Director for forms at the time of offloading and this purpose, to inspect and copy any prior to transporting said tuna from records of transfers, purchases, or re- the area of offloading. ceipts of Atlantic yellowfin, bigeye, albacore, and skipjack tunas and Atlan- § 285.58 Incidental catch. tic bonito; Persons or fishing vessels subject to (f) Recordkeeping. Dealers must retain the jurisdiction of the United States at their place of business a copy of must release, in a manner to promote each bi-weekly report for a period of 2 survival, any yellowfin tuna or bigeye years from the date on which each was tuna less than the minimum size speci- required to be submitted to the Re- fied in § 285.52 taken incidental to au- gional Director. thorized fishing in the regulatory area. (g) Exemptions. Dealers located in Puerto Rico and the Virgin Islands who § 285.59 Prohibitions. purchase, sell, or re-sell only Atlantic (a) It is unlawful for any person or yellowfin, bigeye, albacore, and skip- vessel subject to the jurisdiction of the jack tunas and Atlantic bonito taken United States to do any of the follow- shoreward of the outer boundary of the ing: EEZ around Puerto Rico and the Vir- (1) Fish for, catch, possess, retain or gin Islands by handgear are exempt land Atlantic yellowfin, bigeye, alba- from the reporting and recordkeeping core, and skipjack tunas and Atlantic requirements of this section. bonito without a valid permit required

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under § 285.53 and carried on board the has committed any act prohibited by vessel; this part; (2) Fish for, catch, land, retain or (12) Refuse to permit access of NMFS possess, Atlantic yellowfin or bigeye personnel to inspect any records relat- tuna below the minimum size specified ing to, or area of custody of, Atlantic in § 285.52; yellowfin, bigeye, albacore, and skip- (3) Fail to release immediately with jack tunas and Atlantic bonito; a minimum of injury any Atlantic yel- (b) It is unlawful for any person sub- lowfin or bigeye tuna that will not be ject to the jurisdiction of the United retained; States to violate any other provision of this subpart, the Act, or any other (4) Fish for or catch Atlantic yellow- rules implemented under the Act. fin, bigeye, albacore, and skipjack tunas and Atlantic bonito in a directed fishery with purse seine nets if without Subpart D—Restrictions on Tuna any remaining bluefin tuna allocation Imports made under § 285.25(d); § 285.80 Basis and purpose. (5) For any vessel other than a vessel holding a purse seine permit issued (a) The stocks of Atlantic tunas under § 285.53(d), to approach to within under investigation and regulation by 100 yds (91.5 meters) of the cork line of the Commission represent the concern any purse seine net used by any vessel of a number of countries interested in fishing for Atlantic yellowfin, bigeye, the conservation of such stocks. In albacore, and skipjack tunas and At- order to assure that the achievement of lantic bonito, or for any such purse the conservation objectives of the seine vessel to approach to within 100 Commission are fulfilled the Act pro- yds (91.5 meters) of any vessel, other vides for certain restrictions on the im- than a purse seine vessel, actively fish- portation of Atlantic tunas. Pursuant ing for Atlantic yellowfin, bigeye, alba- to section 6(c) of the Act, the Sec- core, and skipjack tunas and Atlantic retary, with the concurrence of the bonito; Secretary of State, is directed to pro- mulgate regulations to prohibit: (6) Begin fishing or offloading from (1) The entry into the United States any purse seine vessel to which a per- of fish in any form of those species mit has been issued under § 285.21 any which are subject to regulation pursu- Atlantic tuna without first requesting ant to a recommendation of the Com- an inspection of the vessel in accord- mission and which were taken from the ance with § 285.57(b); regulatory area in such manner or in (7) Fail to report the catching of any such circumstances as would tend to Atlantic tuna to which a plastic tag diminish the effectiveness of the con- has been affixed under a tag and re- servation recommendations of the lease program conducted by NMFS or Commission; and any other scientific organization; (2) The entry into the United States, (8) Falsify or fail to make, keep, from any country when vessels of such maintain, or submit any reports, or country are being used in the conduct other record required by this subpart; of fishing operations in the regulatory (9) Refuse to allow an authorized offi- area in such manner or in such cir- cer to make inspections for the purpose cumstances as would tend to diminish of checking any records relating to the the effectiveness of the conservation catching, harvesting, landing, pur- recommendations of the Commission, chase, or sale of any Atlantic tuna re- of fish in any form of those species quired by this subpart; which are subject to regulation pursu- (10) Make any false statement, oral ant to a recommendation of the Com- or written, to an authorized officer mission and which were taken from the concerning the catching, harvesting, regulatory area; landing, purchase, sale, or transfer of (3) The entry into the United States, any Atlantic tuna; from any country when vessels of such (11) Interfere with, delay, or prevent country engage in repeated and fla- by any means, the apprehension of an- grant fishery operations in the regu- other person, knowing that such person latory area which seriously threaten

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