Fishery Conservation and Management § 635.1

PART 635—ATLANTIC HIGHLY Subpart A—General MIGRATORY SPECIES § 635.1 Purpose and scope. Subpart A—General (a) The regulations in this part gov- Sec. ern the conservation and management 635.1 Purpose and scope. of Atlantic tunas, Atlantic billfish, At- 635.2 Definitions. lantic sharks, and Atlantic swordfish 635.3 Relation to other laws. under the authority of the Magnuson- 635.4 Permits and fees. Stevens Act and ATCA. They imple- 635.5 Recordkeeping and reporting. 635.6 Vessel and gear identification. ment the 2006 Consolidated Highly Mi- 635.7 At-sea observer coverage. gratory Species Fishery Management 635.8 Workshops. Plan and its amendments. The Atlantic 635.9 Electronic monitoring. tunas regulations govern conservation and management of Atlantic tunas in Subpart B—Individual Vessel Measures the management unit. The Atlantic 635.14 Performance metrics. billfish regulations govern conserva- 635.15 Individual bluefin tuna quotas. tion and management of Atlantic bill- 635.16 [Reserved] fish in the management unit. The At- Subpart C—Management Measures lantic swordfish regulations govern conservation and management of North 635.19 Authorized gears. and South Atlantic swordfish in the 635.20 Size limits. 635.21 Gear operation and deployment re- management unit. North Atlantic strictions. swordfish are managed under the au- 635.22 Recreational retention limits. thority of both ATCA and the Magnu- 635.23 Retention limits for bluefin tuna. son-Stevens Act. South Atlantic sword- 635.24 Commercial retention limits for fish are managed under the sole au- sharks, swordfish, and BAYS tunas. 635.25 Fishing areas. thority of ATCA. The shark regula- 635.26 Catch and release. tions govern conservation and manage- 635.27 Quotas. ment of sharks in the management 635.28 Fishery closures. unit, under the authority of the Mag- 635.29 Transfer at sea and transshipment. nuson-Stevens Act. 635.30 Possession at sea and landing. 635.31 Restrictions on sale and purchase. (b) Under section 9(d) of ATCA, 635.32 Specifically authorized activities. NMFS has determined that the regula- 635.33 Archival tags. tions contained in this part with re- 635.34 Adjustment of management meas- spect to Atlantic tunas are applicable ures. within the territorial sea of the United Subpart D—Restrictions on Imports States adjacent to, and within the boundaries of, the States of New Hamp- 635.40 Restrictions to enhance conservation. shire, Massachusetts, Rhode Island, 635.41 Products denied entry. New York, New Jersey, Delaware, Subpart E—International Port Inspection Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Ala- 635.50 Basis and purpose. bama, Louisiana and Texas, and the 635.51 Authorized officer. Commonwealths of Puerto Rico and 635.52 Vessels subject to inspection. 635.53 Prior notification. the Virgin Islands. NMFS will under- 635.54 Reports. take a continuing review of State regu- lations to determine if regulations ap- Subpart F—Enforcement plicable to Atlantic tunas, swordfish or 635.69 Vessel monitoring systems. billfish are at least as restrictive as 635.70 Penalties. regulations contained in this part and 635.71 Prohibitions. if such regulations are effectively en- APPENDIX A TO PART 635—SPECIES TABLES forced. In such case, NMFS will file AUTHORITY: 16 U.S.C. 971 et seq.; 16 U.S.C. with the Office of the Federal Register 1801 et seq. for publication notification of the basis SOURCE: 64 FR 29135, May 28, 1999, unless for the determination and of the spe- otherwise noted. cific regulations that shall or shall not

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apply in the territorial sea of the iden- Billfish Certificate of Eligibility (COE) tified State. means a certificate that accompanies a shipment of billfish indicating that the [64 FR 29135, May 28, 1999, as amended at 75 FR 30524, June 1, 2010] billfish or related species, or parts thereof, are not from the respective At- § 635.2 Definitions. lantic Ocean management units. Bottom longline means a longline that In addition to the definitions in the is deployed with enough weights and/or Magnuson-Stevens Act, ATCA, and anchors to maintain contact with the § 600.10 of this chapter, the terms used ocean bottom. For the purposes of this in this part have following meanings. If part, a vessel is considered to have bot- applicable, the terms used in this part tom longline gear on board when a supercede those used in § 600.10: power-operated longline hauler, a Archival tag means a device that is mainline, weights and/or anchors capa- implanted or affixed to a fish to elec- ble of maintaining contact between the tronically record scientific information mainline and the ocean bottom, and about the migratory behavior of that leaders (gangions) with hooks are on fish. board. Removal of any of these ele- ATCA Certificate of Eligibility (COE) ments constitutes removal of bottom means the certificate that must ac- longline gear. Bottom longline vessels company any applicable shipment of may have a limited number of floats fish pursuant to a finding under 16 and/or high flyers onboard for the pur- U.S.C. 971d (c)(4) or (c)(5). poses of marking the location of the Atlantic Aggregated LCS means one of gear but removal of these floats does the following species, or parts thereof, not constitute removal of bottom as listed in Table 1 of appendix A to longline gear. this part: Atlantic blacktip, bull, BSD tag means a numbered tag af- lemon, nurse, silky, spinner, and tiger. fixed to a BFT issued by any country Atlantic HMS means Atlantic tunas, in conjunction with a catch statistics billfish, sharks, and swordfish. information program and recorded on a Atlantic Ocean, as used in this part, BSD. includes the North and South Atlantic Buoy gear means a fishing gear con- Oceans, the Gulf of Mexico, and the sisting of one or more floatation de- Caribbean Sea. vices supporting a single mainline to Atlantic shark identification workshop which no more than two hooks or certificate means the document issued gangions are attached. by NMFS, or its designee, indicating Cape Hatteras gear restricted area that the person named on the certifi- means the area within the Atlantic cate has successfully completed the At- Ocean bounded by straight lines con- lantic shark identification workshop. necting the following coordinates in Atlantic States, consistent with sec- the order stated: 34°50′ N. lat., 75°10′ W. tion 803 of Public law 103–206 (16 U.S.C. long.; 35°40′ N. lat., 75°10′ W. long.; 35°40′ 5102), refers to Maine, New Hampshire, N. lat., 75°00′ W. long.; 37°10′ N. lat., Massachusetts, Rhode Island, Con- 75°00′ W. long.; 37°10′ N. lat., 74°20′ W. necticut, New York, New Jersey, Penn- long.; 35°30′ N. lat., 74°20′ W. long.; 34°50′ sylvania, Delaware, Maryland, Vir- N. lat., 75°00′ W. long.; 34°50′ N. lat., ginia, North Carolina, South Carolina, 75°10′ W. long. Georgia, Florida, the District of Co- Caudal keel means the horizontal lumbia, and the Potomac River Fish- ridges along each side of a fish at the eries Commission, for purposes of ap- base of the tail fin. plying the Shark Conservation Act ex- CFL (curved fork length) means the ception at 50 CFR 635.30(c)(5). length of a fish measured from the tip BAYS means Atlantic bigeye, alba- of the upper jaw to the fork of the tail core, yellowfin, and skipjack tunas as along the contour of the body in a line defined in § 600.10 of this part. that runs along the top of the pectoral BFT landings quota means the portion fin and the top of the caudal keel. of the ICCAT BFT catch quota allo- Charleston Bump closed area means cated to the United States against the Atlantic Ocean area seaward of the which landings of BFT are counted. inner boundary of the U.S. EEZ from a

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point intersecting the inner boundary Designated by NMFS means the ad- of the U.S. EEZ at 34°00′ N. lat. near dress or location indicated in a letter Wilmington Beach, NC, and proceeding to permit holders or in a letter accom- due east to connect by straight lines panying reporting forms. the following coordinates in the order DeSoto Canyon closed area means the stated: 34°00′ N. lat., 76°00′ W. long.; area within the Gulf of Mexico bounded 31°00′ N. lat., 76°00′ W. long.; then pro- by straight lines connecting the fol- ceeding due west to intersect the inner lowing coordinates in the order stated: boundary of the U.S. EEZ at 31°00′ N. 30°00′ N. lat., 88°00′ W. long.; 30°00′ N. lat. near Jekyll Island, GA. lat., 86°00′ W. long.; 28°00′ N. lat., 86°00′ Charter/headboat commercial sale en- W. long.; 28°00′ N. lat., 84°00′ W. long.; dorsement means an authorization 26°00′ N. lat., 84°00′ W. long.; 26°00′ N. added to an HMS Charter/Headboat lat., 86°00′ W. long.; 28°00′ N. lat., 86°00′ permit that is required for vessels that W. long.; 28°00′ N. lat., 88°00′ W. long.; sell or intend to sell Atlantic tunas, 30°00′ N. lat., 88°00′ W. long. sharks, and swordfish, provided that all Display permit means a permit issued other requirements in this part are in order to catch and land HMS for the also met. purpose of public display pursuant to Circle hook means a fishing hook § 635.32(d). originally designed and manufactured Division Chief means the Chief, High- so that the point is turned perpendicu- ly Migratory Species Management Di- larly back to the shank to form a gen- vision, NMFS (F/SF1), 1315 East-West erally circular, or oval, shape. Highway, Silver Spring, MD, 20910; (301) 427–8503. Cleithrum to Caudal Keel or CK meas- Downrigger means a piece of equip- urement means the length of a fish ment attached to a vessel and with a measured along the body contour, i.e., weight on a cable that is in turn at- a curved measurement, from the point tached to hook-and-line gear to main- on the cleithrum that provides the tain lures or bait at depth while troll- shortest possible measurement along ing. The downrigger has a release sys- the body contour to the anterior por- tem to retrieve the weight by rod and tion of the caudal keel. The cleithrum reel or by manual, electric, or hydrau- is the semicircular bony structure at lic winch after a fish strike on the the posterior edge of the gill opening. hook-and-line gear. Convention means the International Dress, for swordfish, tunas, and bill- Convention for the Conservation of At- fish, means to process a fish by re- lantic Tunas, signed at Rio de Janeiro, moval of head, viscera, and fins, but Brazil, on May 14, 1966, 20 U.S.T. 2887, does not include removal of the back- TIAS 6767, including any amendments bone, halving, quartering, or otherwise or protocols thereto, which are binding further reducing the carcass. For upon the United States. sharks, dress means to process a fish Conventional tag means a numbered, by removal of head and viscera, but flexible ribbon that is implanted or af- does not include removal of the fins, fixed to a fish that is released back backbone, halving, quartering, or oth- into the ocean that allows for the iden- erwise further reducing the carcass. tification of that fish in the event it is Dressed weight (dw), for swordfish, recaptured. tunas, and billfish, means the weight of Corrodible Hook means a fishing hook a fish after it has been dressed. For composed of any material other than sharks, dressed weight means the stainless steel. weight of a fish after it has been Dealer tag means the numbered, flexi- dressed and had its fins, including the ble, self-locking ribbon issued by tail, removed. NMFS for the identification of BFT Drift gillnet means a gillnet that is sold to a permitted dealer as required floating unattached to the ocean bot- under § 635.5(b)(2)(ii). tom and not anchored, secured, or Dehooking device means a device in- weighted to the ocean bottom. tended to remove a hook embedded in a East Florida Coast closed area means fish in order to release the fish with the Atlantic Ocean area seaward of the minimum damage. inner boundary of the U.S. EEZ from a

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point intersecting the inner boundary First receive means to take possession of the U.S. EEZ at 31°00′ N. lat. near Je- for commercial purposes of any fish or kyll Island, GA, and proceeding due any part thereof by purchasing, trading east to connect by straight lines the or bartering for it from the fishing ves- following coordinates in the order stat- sel owner or operator once it is ed: 31°00′ N. lat., 78°00′ W. long.; 28°17′10″ offloaded, where the vessel has been N. lat., 79°11′24″ W. long.; then pro- issued, or should have been issued, a ceeding along the outer boundary of valid permit under this part. First re- the EEZ to the intersection of the EEZ ceive does not mean to take possession with 24°00′ N. lat.; then proceeding due solely for transport. west to 24°00′ N. lat., 81°47′ W. long.; and First transaction in the United States then proceeding due north to intersect means the time and place at which a the inner boundary of the U.S. EEZ at fish is filleted, cut into steaks, or proc- 81°47′ W. long. near Key West, FL. essed in any way that physically alters Edges 40 Fathom Contour closed area it after being landed in or imported means a parallelogram-shaped area in into the United States. the Gulf of Mexico bounded by straight Fishing record means all records of lines connecting the following coordi- navigation and operations of a fishing nates in the order stated: 28° 51’ N. lat., vessel, as well as all records of catch- 85° 16’ W. long.; 28° 51’ N. lat., 85° 04’ W. ing, harvesting, transporting, landing, long.; 28° 14’ N. lat., 84° 42’ W. long.; 28° purchasing, or selling a fish. 14’ N. lat., 84° 54’ W. long. Fishing vessel means any vessel en- EFP means an exempted fishing per- gaged in fishing, processing, or trans- mit issued pursuant to § 600.745 of this porting fish loaded on the high seas, or chapter or to § 635.32(c). any vessel outfitted for such activities. Fishing year means January 1 Eviscerated means a fish that has only through December 31. the alimentary organs removed. FL (fork length) means the straight Export, for purposes of this subpart, line measurement along the length of means to effect exportation. the fish from the tip of the upper jaw Exportation has the same general to the fork of the tail. meaning as 19 CFR 101.1 and generally Floatation device means any posi- refers to a severance of goods from the tively buoyant object rigged to be at- mass of things belonging to one coun- tached to a fishing gear. try with the intention of uniting them Floatline means a line attached to a to the mass of things belonging to buoyant object that is used to support some foreign country. For purposes of the mainline of a longline at a specific this subpart, a shipment between the target depth. United States and its insular posses- Florida Swordfish Management Area sions is not an export. means the Atlantic Ocean area shore- Exporter, for purposes of this subpart, ward of the outer boundary of the U.S. is the principal party in interest, EEZ from a point where latitude meaning the party that receives the 28°17′10″ N. lat. intersects the U.S. primary benefit, monetary or other- mainland near Rockledge, Florida and wise, of the export transaction. For ex- proceeding due east across the barrier ports from the United States, the ex- island near Cocoa Beach, Florida to porter is the U.S. principal party in in- connect by straight lines the following terest, as identified in 15 CFR part 30. coordinates in the order stated: An exporter is subject to the require- 28°17′10″ N. lat., 79°11′24″ W. long.; then ments of this subpart, even if exports proceeding along the outer boundary of are exempt from statistical reporting the EEZ to the intersection of the EEZ requirements under 15 CFR part 30. with 24°00′ N. lat.; then proceeding due Federal Atlantic Commercial Shark Per- west to 24°00′ N. lat., 82°0′ W. long, then mit means any of the commercial shark proceeding due north to 25°48′’ N. lat., permits issued pursuant to § 635.4. 82°0′ W. long., then proceeding due east Finlet means one of the small indi- to the shore near Chokoloskee, Flor- vidual fins on a tuna located behind ida). the second dorsal and anal fins and for- For-hire trip means a recreational ward of the tail fin. fishing trip taken by a vessel with an

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Atlantic HMS Charter/Headboat permit Highly migratory species (HMS) means during which paying passenger(s) are bluefin, bigeye, yellowfin, albacore, aboard; or, for uninspected vessels, and skipjack tunas; swordfish; sharks trips during which there are more than (listed in Table 1 of appendix A to this three persons aboard, including oper- part); white marlin; blue marlin; sail- ator and crew; or, for vessels that have fish; longbill spearfish; and roundscale been issued a Certificate of Inspection spearfish. by the U.S. Coast Guard to carry pas- Importer, for purposes of this subpart, sengers for hire, trips during which means the principal party responsible there are more persons aboard than the for the import of product into a coun- number of crew specified on the ves- try. For imports into the United sel’s Certificate of Inspection. States, and for purposes of this sub- Freeboard is defined as the working part, ‘‘importer’’ means the consignee distance between the top rail of the as identified on entry documentation gunwale to the water’s surface, and or any authorized, equivalent elec- will vary based on the vessel design. tronic medium required for release of Gangion means a line that serves to shipments, or any authorized equiva- attach a hook, suspended at a specific lent entry documentation from the target depth, to the mainline of a customs authority of the United States longline. or the separate customs territory of a U.S. insular possession. If a consignee Giant BFT means an Atlantic BFT is not declared, then the importer of measuring 81 inches (206 cm) CFL or record is considered to be the con- greater. signee. Green-stick gear means an actively In transit means non-stop progression trolled mainline attached to a vessel through an area without any fishing and elevated or suspended above the activity occurring. surface of the water with no more than LAP means a limited access permit 10 hooks or gangions attached to the issued pursuant to § 635.4. mainline. The suspended line, attached Large coastal shark (LCS) means one gangions and/or hooks, and catch may of the species, or a part thereof, listed be retrieved collectively by hand or in heading A, Large Coastal Sharks, of mechanical means. Green-stick does Table 1 of appendix A to this part. not constitute a pelagic longline or a Large medium BFT means a BFT bottom longline as defined in this sec- measuring at least 73 inches (185 cm) tion. and less than 81 inches (206 cm) CFL. Gulf of Mexico Aggregated LCS means Large school BFT means a BFT meas- one of the following species, or parts uring at least 47 inches (119 cm) and thereof, as listed in Table 1 of appendix less than 59 inches (150 cm) CFL. A to this part: Bull, lemon, nurse, LJFL (lower jaw-fork length) means silky, spinner, and tiger. the straight-line measurement of a fish Hammerhead shark(s) means great, from the anterior tip of the lower jaw scalloped, and smooth hammerhead to the fork of the caudal fin. The meas- shark species, or parts thereof, as list- urement is not made along the curve of ed in Table 1 of appendix A to this part. the body. Handgear means handline, harpoon, Longline means fishing gear that is rod and reel, bandit gear, buoy gear, or set horizontally, either anchored, float- speargun gear. ing, or attached to a vessel, and that Handline means fishing gear that is consists of a mainline or groundline attached to, or in contact with, a ves- with three or more leaders (gangions) sel; that consists of a mainline to and hooks, whether retrieved by hand which no more than two hooks or or mechanical means. gangions may be attached; and that is Madison-Swanson closed area means a released and retrieved by hand rather rectangular-shaped area in the Gulf of than by mechanical means. Mexico bounded by straight lines con- High-flyer means a flag, radar reflec- necting the following coordinates in tor or radio beacon transmitter, suit- the order stated: 29°17′ N. lat., 85°50′ W. able for attachment to a longline to fa- long.; 29°17′ N. lat., 85°38′ W. long.; 29°06′ cilitate its location and retrieval. N. lat., 85°38′ W. long.; 29°06′ N. lat.,

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85°50′ W. long.; and 29°17′ N. lat., 85°50′ Naturally attached, as it is used to de- W. long. scribe shark fins, refers to shark fins Management group in regard to sharks that remain attached to the shark car- means a group of shark species that are cass via at least some portion of uncut combined for quota management pur- skin. As used to describe the head of a poses. A management group may be swordfish, naturally attached refers to split by region or sub-region, as defined the whole head remaining fully at- at § 635.27(b)(1). A fishery for a manage- tached to the carcass except for the ment group can be opened or closed as bill, which may be removed provided it a whole or at the regional or sub-re- has been removed forward of the ante- gional levels. Sharks have the fol- rior tip of the lower jaw. lowing management groups: Atlantic Net check refers to a visual inspection aggregated LCS, Gulf of Mexico aggre- of a shark gillnet where the vessel op- gated LCS, research LCS, hammerhead, erator transits the length of the gear Atlantic non-blacknose SCS, Gulf of and inspects it either with a spotlight Mexico non-blacknose SCS, and pelagic or by pulling up the gear. sharks other than blue or porbeagle. Non-blacknose SCS means one of the Management unit means in this part: species, or part thereof, listed in head- (1) For Atlantic tunas, longbill spear- ing B, Small Coastal Sharks, of Table 1 fish, roundscale spearfish, blue marlin, of appendix A to this part other than and white marlin, means all fish of the blacknose shark. these species in the Atlantic Ocean; North Atlantic swordfish or North At- (2) For sailfish, means all fish of this lantic swordfish stock means those species in the Atlantic Ocean west of swordfish occurring in the Atlantic 30° W. long.; Ocean north of 5° N. lat. (3) For North Atlantic swordfish, Northeast Distant gear restricted area means all fish of this species in the At- means the Atlantic Ocean area bound- lantic Ocean north of 5° N. lat.; ed by straight lines connecting the fol- (4) For South Atlantic swordfish, lowing coordinates in the order stated: means all fish of this species in the At- 35°00′ N. lat., 60°00′ W. long.; 55°00′ N. lantic Ocean south of 5° N. lat.; and lat., 60°00′ W. long.; 55°00′ N. lat., 20°00′ (5) For sharks, means all fish of the W. long.; 35°00′ N. lat., 20°00′ W. long.; species listed in Table 1 of Appendix A 35°00′ N. lat., 60°00′ W. long. to this part, in the western north At- Northeastern United States closed area lantic Ocean, including the Gulf of means the area bounded by straight Mexico and the Caribbean Sea. lines connecting the following coordi- Mid-Atlantic Bight means the area nates in the order stated: 40°00′ N. lat., bounded by straight lines connecting 74°00′ W. long.; 40°00′ N. lat., 68°00′ W. the mid-Atlantic states’ internal wa- long.; 39°00′ N. lat., 68°00′ W. long.; and ters and extending to 71° W. long. be- 39°00′ N. lat., 74°00′ W. long. tween 35° N. lat. and 43° N. lat. Offset circle hook means a circle hook Mid-Atlantic shark closed area means originally designed and manufactured the Atlantic Ocean area seaward of the so that the barbed end of the hook is inner boundary of the U.S. EEZ from a displaced relative to the parallel plane point intersecting the inner boundary of the eyed-end, or shank, of the hook of the U.S. EEZ at 35°41′ N. lat. just when laid on its side. south of Oregon Inlet, North Carolina, Operator, with respect to any vessel, and connecting by straight lines the means the master or other individual following coordinates in the order stat- aboard and in charge of that vessel. ed: 35°41′ N. lat., 75°25′ W. long. pro- Pectoral fin means the fin located be- ceeding due east to 35°41′ N. lat., 74°51′ hind the gill cover on either side of a W. long.; then proceeding southeast to fish. 35°30′ N. lat., 74°46′ W. long.; then pro- Pelagic longline means a longline that ceeding southwest, roughly following is suspended by floats in the water col- the 55 fathom mark, to 33°51′ N. lat., umn and that is not fixed to or in con- 76°24′ W. long.; then proceeding due tact with the ocean bottom. For the west to intersect the inner boundary of purposes of this part, a vessel is consid- the U.S. EEZ at 33°51′ N. lat., 77°53′ W. ered to have pelagic longline gear on long. near Cape Fear, North Carolina. board when a power-operated longline

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hauler, a mainline, floats capable of Shark endorsement means an author- supporting the mainline, and leaders ization added to an HMS Angling, HMS (gangions) with hooks are on board. Charter/Headboat, Atlantic Tunas Gen- Removal of any of these elements con- eral, or Swordfish General Commercial stitutes removal of pelagic longline permit that allows for the retention of gear. authorized Atlantic sharks consistent Pelagic shark means one of the spe- with all other applicable regulations in cies, or a part thereof, listed in heading this part. C, Pelagic Sharks, of Table 1 of appen- Shark research permit means a permit dix A to this part. issued to catch and land a limited num- PFCFL (pectoral fin curved fork ber of sharks to maintain time series length) means the length of a beheaded for stock assessments and for other sci- fish from the dorsal insertion of the entific research purposes. These per- pectoral fin to the fork of the tail mits may be issued only to the owner measured along the contour of the of a vessel who has been issued either a body in a line that runs along the top directed or incidental shark LAP. The of the pectoral fin and the top of the permit is specific to the commercial caudal keel. shark vessel and owner combination Prohibited shark means one of the spe- and is valid only per the terms and cies, or a part thereof, listed in heading conditions listed on the permit. D, Prohibited Sharks, of Table 1 of ap- Sink gillnet means a gillnet that is de- pendix A to this part. signed to be or is fished on or near the Reporting week means the period of ocean bottom in the lower third of the time beginning at 0001 local time on water column by means of a weight Sunday and ending at 2400 hours local line or enough weights and/or anchors time the following Saturday. that the bottom of the gillnet sinks to, Research LCS means one of the spe- on, or near the ocean bottom. cies, or part thereof, listed in heading Small coastal shark (SCS) means one of A, Large Coastal Sharks, of Table 1 of the species, or a part thereof, listed in appendix A to this part, other than heading B, Small Coastal Sharks, of sandbar sharks. Table 1 of appendix A to this part. Restricted-fishing day (RFD) means a Small medium BFT means a BFT day, beginning at 0000 hours and ending measuring at least 59 inches (150 cm) at 2400 hours local time, during which and less than 73 inches (185 cm) CFL. a person aboard a vessel for which a Smoothhound shark(s) means one of General category permit for Atlantic the species, or part thereof, listed in Tunas has been issued may not fish for, heading E, Smoothhound Sharks, of possess, or retain a BFT. Table 1 of appendix A to this part. Round wire stock means round metal South Atlantic swordfish or south At- wire, typically used in the manufac- lantic swordfish stock means those turing of fishing hooks, that has not swordfish occurring in the Atlantic been forged, or otherwise modified or Ocean south of 5° N. lat. treated in any way to increase the Speargun fishing gear means a muscle- original factory tensile strength set by powered speargun equipped with a trig- the hook manufacturer. ger mechanism, a spear with a tip de- Safe handling, release, and identifica- signed to penetrate and retain fish, and tion workshop certificate means the doc- terminal gear. Terminal gear may in- ument issued by NMFS, or its designee, clude, but is not limited to, trailing indicating that the person named on lines, reels, and floats. The term the certificate has successfully com- ‘‘muscle-powered speargun’’ for the pleted the Atlantic HMS safe handling, purposes of this part means a speargun release, and identification workshop. that stores potential energy provided School BFT means a BFT measuring from the operator’s muscles, and that at least 27 inches (69 cm) and less than releases only the amount of energy 47 inches (119 cm) CFL. that the operator has provided to it Shark means one of the oceanic spe- from his or her own muscles. Common cies, or a part thereof, listed in Table 1 energy storing methods for muscle- of Appendix A to this part. powered spearguns include compressing

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air and springs, and the stretching of Young school BFT means an Atlantic rubber bands. BFT measuring less than 27 inches (69 Spring Gulf of Mexico gear restricted cm) CFL. area means two areas within the Gulf [64 FR 29135, May 28, 1999] of Mexico described here. The first area is bounded by straight lines connecting EDITORIAL NOTE: For FEDERAL REGISTER ci- the following coordinates in the order tations affecting § 635.2, see the List of CFR stated: 26°30′ N. lat., 94°40′ W. long.; Sections Affected, which appears in the 27°30′ N. lat., 94°40′ W. long.; 27°30′ N. Finding Aids section of the printed volume lat., 89° W. long.; 26°30′ N. lat., 89° W. and at www.fdsys.gov. ° ′ ° ′ long.; 26 30 N. lat., 94 40 W. long. The § 635.3 Relation to other laws. second area is bounded by straight lines connecting the following coordi- (a) The relation of this part to other nates in the order stated: 27°40′ N. lat., laws is set forth in § 600.705 of this 88° W. long.; 28° N. lat., 88° W. long.; 28° chapter and in paragraphs (b) and (c) of N. lat., 86° W. long.; 27°40′ N. lat., 86° W. this section. long.; 27°40′N. lat., 88° W. long. (b) In accordance with regulations Steamboat Lumps closed area means a issued under the Marine Mammal Pro- rectangular-shaped area in the Gulf of tection Act of 1972, as amended, it is Mexico bounded by straight lines con- unlawful for a commercial fishing ves- necting the following coordinates in sel, a vessel owner, or a master or oper- the order stated: 28°14′ N. lat., 84°48′ W. ator of a vessel to engage in fisheries long.; 28°14′ N. lat., 84°37′ W. long.; 28°03′ for HMS in the Atlantic Ocean, unless N. lat., 84°37′ W. long.; 28°03′ N. lat., the vessel owner or authorized rep- 84°48′ W. long.; and 28°14′ N. lat., 84°48′ resentative has complied with specified W. long. requirements including, but not lim- Tournament means any fishing com- ited to, registration, exemption certifi- petition involving Atlantic HMS in cates, decals, and reports, as contained which participants must register or in part 229 of this title. otherwise enter or in which a prize or (c) General provisions on facilitation award is offered for catching or landing of enforcement, penalties, and enforce- such fish. ment policy applicable to all domestic Tournament operator means a person fisheries are set forth in §§ 600.730, or entity responsible for maintaining 600.735, and § 600.740 of this chapter, re- records of participants and results used spectively. for awarding tournament points or (d) An activity that is otherwise pro- prizes, regardless of whether fish are hibited by this part may be conducted retained. if authorized as scientific research ac- Transiting means progressing through tivity, exempted fishing or exempted an area without any fishing activity educational activity, or for public dis- occurring. play, as specified in § 635.32. Trip limit means the total allowable take from a single trip as defined in [64 FR 29135, May 28, 1999, as amended at 68 § 600.10 of this chapter. FR 74784, Dec. 24, 2003] Tuna or tuna-like means the § 635.4 Permits and fees. Scombriformes (with the exception of families Trichiuridae and Gempylidae Information on permits and permit and the genus Scomber) and such other requirements may be obtained from the species of fishes that are regulated by Division Chief or where otherwise stat- ICCAT in the Atlantic Ocean. ed in this part. Weighout slip means a document pro- (a) General—(1) Authorized activities. vided to the owner or operator of the Each permit issued by NMFS author- vessel by a person who weighs fish or izes certain activities, and persons may parts thereof that are landed from a not conduct these activities without fishing vessel. A document, such as a the appropriate permit, unless other- ‘‘tally sheet,’’ ‘‘trip ticket,’’ or ‘‘sales wise authorized by NMFS in accord- receipt,’’ that contains such informa- ance with this part. In certain cases, tion is considered a weighout slip. additional permits may be required to

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authorize these same or related activi- sanctions and denials found at 15 CFR ties under federal, state or local juris- part 904, subpart D. dictions. (7) Alteration. A vessel or dealer per- (2) Vessel permit inspection. The owner mit that is altered, erased, mutilated, or operator of a vessel of the United or otherwise modified is invalid. States must have the appropriate valid (8) Replacement. NMFS may issue a permit on board the vessel to fish for, replacement permit upon the request of take, retain, or possess Atlantic HMS the permittee. An application for a re- when engaged in recreational fishing placement permit will not be consid- and to fish for, take, retain or possess ered a new application. An appropriate Atlantic tunas, swordfish, or sharks fee, consistent with paragraph (a)(9) of when engaged in commercial fishing. this section, may be charged for The vessel operator must make such issuance of the replacement permit. permit available for inspection upon (9) Fees. NMFS may charge a fee for request by NMFS or by a person au- each application for a permit or for thorized by NMFS. The owner of the each transfer or replacement of a per- vessel is responsible for satisfying all mit. The amount of the fee is cal- of the requirements associated with ob- culated in accordance with the proce- taining, maintaining, and making dures of the NOAA Finance Handbook, available for inspection all required available from NMFS, for determining vessel permits. administrative costs of each special (3) Property rights. LAPs or any other product or service. The fee may not ex- permit issued pursuant to this part do ceed such costs and is specified in the not represent either an absolute right instructions provided with each appli- to the resource or any interest that is cation form. Each applicant must in- subject to the takings provision of the clude the appropriate fee with each ap- Fifth Amendment of the U.S. Constitu- plication or request for transfer or re- tion. Rather, LAPs represent only a placement. A permit will not be issued harvesting privilege that may be re- to anyone who fails to pay the fee. voked, suspended, or amended subject (10) Permit condition. An owner of a to the requirements of the Magnuson- vessel with a valid swordfish, shark, Stevens Act or other applicable law. HMS Angling, HMS Charter/Headboat, (4) Dealer permit inspection. A dealer Incidental HMS squid trawl, or HMS permit issued under this section, or a Commercial Caribbean Small Boat per- copy thereof, must be available at each mit issued pursuant to this part must of the dealer’s places of business. A agree, as a condition of such permit, dealer must present the permit or a that the vessel’s HMS fishing, catch, copy for inspection upon the request of and gear are subject to the require- a NMFS-authorized officer. ments of this part during the period of (5) Display upon offloading. Upon off- validity of the permit, without regard loading of Atlantic HMS for sale, the to whether such fishing occurs in the owner or operator of the harvesting U.S. EEZ, or outside the U.S. EEZ, and vessel must present for inspection the without regard to where such HMS, or vessel’s HMS Charter/Headboat permit gear, are possessed, taken, or landed. with a commercial sale endorsement; However, when a vessel fishes within Atlantic tunas, shark, or swordfish per- the waters of a state that has more re- mit; Incidental HMS squid trawl; HMS strictive regulations pertaining to Commercial Caribbean Small Boat per- HMS, persons aboard the vessel must mit; and/or the shark research permit abide by the state’s more restrictive to the first receiver. The permit(s) regulations. must be presented prior to completing (b) HMS Charter/Headboat permits. (1) any applicable landing report specified The owner of a charter boat or at § 635.5(a)(1), (a)(2), and (b)(2)(i). headboat used to fish for, retain, pos- (6) Sanctions and denials. A permit sess, or land any Atlantic HMS must issued under this section may be re- obtain an HMS Charter/Headboat per- voked, suspended, or modified, and a mit. In order to fish for, retain, pos- permit application may be denied, in sess, or land Atlantic sharks, the accordance with the procedures gov- owner must have a valid shark endorse- erning enforcement-related permit ment issued by NMFS. A vessel issued

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an HMS Charter/Headboat permit for a (2) A vessel with a valid Atlantic fishing year shall not be issued an HMS Tunas General category permit issued Angling permit, a Swordfish General under paragraph (d) of this section or Commercial permit, or an Atlantic with a valid Swordfish General Com- Tunas permit in any category for that mercial permit issued under paragraph same fishing year, regardless of a (f) of this section may fish in a rec- change in the vessel’s ownership. reational HMS fishing tournament if (2) While persons aboard a vessel that the vessel has registered for, paid an has been issued an HMS Charter/ entry fee to, and is fishing under the Headboat permit are fishing for or are rules of a tournament that has reg- in possession of Atlantic HMS, the op- istered with NMFS’ HMS Management erator of the vessel must have a valid Division as required under § 635.5(d). Merchant Marine License or When a vessel with a valid Atlantic Uninspected Passenger Vessel License, Tunas General category permit or a as applicable, issued by the U.S. Coast valid Swordfish General Commercial Guard pursuant to regulations at 46 permit is fishing in such a tournament, CFR part 10. Such Coast Guard license such vessel must comply with HMS An- must be carried on board the vessel. gling category regulations, except as (3) The owner of a charter boat or provided in paragraphs (c)(3) through headboat that intends to sell Atlantic (5) of this section. tunas or swordfish must obtain a com- (3) A vessel issued an Atlantic Tunas mercial sale endorsement for the ves- General category permit fishing in a sel’s HMS Charter/Headboat permit. tournament, as authorized under The owner of a charter boat or § 635.4(c)(2), shall comply with Atlantic headboat that intends to sell Atlantic Tunas General category regulations sharks must obtain a commercial sale when fishing for, retaining, possessing, endorsement for the vessel’s HMS or landing Atlantic tunas. Charter/Headboat permit at the time of (4) A vessel issued a Swordfish Gen- permit renewal or when the permit is eral Commercial permit fishing in a obtained and must also obtain any ap- tournament, as authorized under plicable Atlantic commercial shark § 635.4(c)(2), shall comply with Sword- permits. A vessel owner that has ob- fish General Commercial permit regu- tained an HMS Charter/Headboat per- lations when fishing for, retaining, pos- mit without a commercial sale en- sessing, or landing Atlantic swordfish. dorsement is prohibited from selling (5) In order to fish for, retain, pos- any Atlantic HMS. sess, or land sharks, the owner of a ves- (c) HMS Angling permits. (1) The sel fishing in a registered recreational owner of any vessel used to fish HMS fishing tournament and issued ei- recreationally for Atlantic HMS or on ther an Atlantic Tunas General cat- which Atlantic HMS are retained or egory or Swordfish General Commer- possessed recreationally, must obtain cial permit must have a shark endorse- an HMS Angling permit, except as pro- ment. vided in paragraph (c)(2) of this sec- (d) Atlantic Tunas vessel permits. (1) tion. In order to fish for, retain, pos- The owner of each vessel used to fish sess, or land Atlantic sharks, the for or take Atlantic tunas commer- owner must have a valid shark endorse- cially or on which Atlantic tunas are ment issued by NMFS. Atlantic HMS retained or possessed with the inten- caught, retained, possessed, or landed tion of sale must obtain an HMS Char- by persons on board vessels with an ter/Headboat permit with a commercial HMS Angling permit may not be sold sale endorsement issued under para- or transferred to any person for a com- graph (b) of this section, an HMS Com- mercial purpose. A vessel issued an mercial Caribbean Small Boat permit HMS Angling permit for a fishing year issued under paragraph (o) of this sec- shall not be issued an HMS Charter/ tion, or an Atlantic tunas permit in Headboat permit, a Swordfish General one, and only one, of the following cat- Commercial permit, or an Atlantic egories: General, Harpoon, Longline, Tunas permit in any category for that Purse Seine, or Trap. same fishing year, regardless of a (2) Persons aboard a vessel with a change in the vessel’s ownership. valid Atlantic Tunas, HMS Angling,

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HMS Charter/Headboat, or an HMS intention to sell, or sold must obtain, Commercial Caribbean Small Boat per- in addition to any other required per- mit may fish for, take, retain, or pos- mits, at least one of the Federal Atlan- sess Atlantic tunas, but only in compli- tic commercial shark permits de- ance with the quotas, catch limits, size scribed below or an HMS Commercial classes, and gear applicable to the per- Caribbean Small Boat permit. A Fed- mit or permit category of the vessel eral Atlantic commercial shark permit from which he or she is fishing. Per- or HMS Commercial Caribbean Small sons may sell Atlantic tunas only if Boat permit is not required if the ves- the harvesting vessel has a valid per- sel is recreationally fishing and retains mit in the General, Harpoon, Longline, no more sharks than the recreational Purse Seine, or Trap category of the retention limit specified in § 635.22(c), Atlantic Tunas permit, a valid HMS is operating pursuant to the conditions Charter/Headboat permit with a com- of a shark display or EFP issued pursu- mercial sale endorsement, or an HMS ant to § 635.32, or fishes exclusively Commercial Caribbean Small Boat per- within State waters. It is a rebuttable mit. presumption that the owner or oper- (3) A vessel issued an Atlantic Tunas ator of a vessel without a permit issued permit in any category for a fishing pursuant to this part, on which sharks year shall not be issued an HMS An- are possessed in excess of the rec- gling permit, HMS Charter/Headboat reational retention limits, intends to permit, or an Atlantic Tunas permit in sell the sharks. any other category for that same fish- (2) The owner of vessels that fish for, ing year, regardless of a change in the take, retain, or possess the Atlantic vessel’s ownership. A vessel issued an oceanic sharks listed in headings A, B, Atlantic Tunas permit may be issued or C of Table 1 of appendix A to this an HMS Commercial Caribbean Small part with an intention to sell must ob- Boat permit, subject to restrictions set tain a Federal Atlantic commercial forth at § 635.4(o), within that same shark directed or incidental LAP or an fishing year; however, a vessel may not HMS Commercial Caribbean Small hold any other HMS fishing permit si- Boat permit. The only valid Federal multaneously with the HMS Commer- commercial shark directed and shark cial Caribbean Small Boat permit. incidental LAPs are those that have (4) A person can obtain an Atlantic been issued under the limited access Tunas Longline category LAP for a program consistent with the provisions vessel only if the vessel has been issued under paragraphs (l) and (m) of this both a LAP for shark and a LAP, other section. than handgear, for swordfish. Atlantic (3) A vessel owner issued or required Tunas Longline category LAPs may to be issued a Federal Atlantic com- only be obtained through transfer from mercial shark directed or shark inci- current owners consistent with the dental LAP may harvest, consistent provisions under paragraph (l)(2) of this with the other regulations in this part, section. any shark species listed in headings A, (5) An owner of a vessel with an At- B, or C of Table 1 of appendix A to this lantic Tunas permit in the Purse Seine part. category may transfer the permit to (4) Owners of vessels that fish for, another purse seine vessel that he or take, retain, or possess the Atlantic she owns. In either case, the owner oceanic sharks listed in heading E, must submit a written request for Smoothhound Sharks, of Table 1 of ap- transfer to NMFS, to an address des- pendix A to this part with an intention ignated by NMFS, and attach an appli- to sell them must obtain a Federal cation for the new vessel and the exist- commercial smoothhound permit. In ing permit. NMFS will issue no more addition to other permits issued pursu- than 5 Atlantic Tunas Purse Seine cat- ant to this section or other authorities, egory permits. a Federal commercial smoothhound (e) Shark vessel permits. (1) The owner permit may be issued to a vessel alone of each vessel used to fish for or take or to a vessel that also holds either a Atlantic sharks or on which Atlantic Federal Atlantic commercial shark di- sharks are retained, possessed with an rected or incidental LAP.

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(f) Swordfish vessel permits. (1) Except issued under paragraph (n) of this sec- as specified in paragraphs (n) and (o) of tion, or an HMS Commercial Caribbean this section, the owner of a vessel of Small Boat permit issued under para- the United States used to fish for or graph (o) of this section. A vessel take swordfish commercially from the issued a Swordfish General Commercial management unit, or on which sword- open access permit for a fishing year fish from the management unit are re- shall not be issued an HMS Angling tained or possessed with an intention permit or an HMS Charter/Headboat to sell, or from which swordfish are permit for that same fishing year, re- sold, must obtain an HMS Charter/ gardless of a change in the vessel’s Headboat permit with a commercial ownership. sale endorsement issued under para- (g) Dealer permits—(1) Atlantic tunas. graph (b) of this section, or one of the A dealer, as defined under § 600.10 of following swordfish permits: A sword- this chapter, must possess a valid fed- fish directed LAP, swordfish incidental eral Atlantic tunas dealer permit to LAP, swordfish handgear LAP, or a purchase, trade, or barter any Atlantic Swordfish General Commercial permit. tunas except as noted under paragraph These permits cannot be held in com- (o) of this section. bination with each other on the same (2) Shark. A dealer, as defined in vessel, except that an HMS Charter/ § 600.10 of this chapter, must possess a Headboat permit with a commercial valid federal Atlantic shark dealer per- sale endorsement may be held in com- mit to purchase, trade, or barter any bination with a swordfish handgear Atlantic shark listed in Table 1 of ap- LAP on the same vessel. It is a rebut- pendix A to this part except as noted table presumption that the owner or under paragraph (o) of this section. operator of a vessel on which swordfish (3) Swordfish. A dealer, as defined are possessed in excess of the rec- under § 600.10 of this chapter, must pos- reational retention limits intends to sess a valid federal Atlantic swordfish sell the swordfish. dealer permit to purchase, trade, or (2) The only valid commercial Fed- barter any Atlantic swordfish except as eral vessel permits for swordfish are noted under paragraph (o) of this sec- the HMS Charter/Headboat permit with tion. a commercial sale endorsement issued (h) Applications for permits. An owner under paragraph (b) of this section (and of a vessel or a dealer must submit to only when on a non for-hire trip), the NMFS, at an address designated by Swordfish General Commercial permit NMFS, a complete application and re- issued under paragraph (f) of this sec- quired supporting documents at least tion, a swordfish LAP issued consistent 30 days before the date on which the with paragraphs (l) and (m) of this sec- permit is to be made effective. Applica- tion, or permits issued under para- tion forms and instructions for their graphs (n) and (o) of this section. completion are available from NMFS. (3) A commercial Federal permit for (1) Atlantic Tunas, HMS Angling, HMS swordfish is not required if the vessel is Charter/Headboat, Swordfish General recreational fishing. Commercial, Incidental HMS Squid Trawl, (4) A directed or incidental swordfish and HMS Commercial Caribbean Small LAP is valid only when the vessel has Boat vessel permits. (i) An applicant on board a valid shark LAP and a valid must provide all information con- Atlantic Tunas Longline category LAP cerning his or her identification, ves- issued for such vessel. sel, gear used, fishing areas, fisheries (5) A Swordfish General Commercial participated in, the corporation or permit may not be held on a vessel in partnership owning the vessel, and in- conjunction with an HMS Charter/ come requirements requested by NMFS Headboat permit issued under para- and included on the application form. graph (b) of this section, an HMS An- (ii) An applicant must also submit a gling category permit issued under copy of the vessel’s valid U.S. Coast paragraph (c) of this section, a sword- Guard documentation or, if not docu- fish LAP issued consistent with para- mented, a copy of its valid state reg- graphs (l) and (m) of this section, an istration and any other information Incidental HMS Squid Trawl permit that may be necessary for the issuance

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or administration of the permit as re- the permit is void as of the 31st day quested by NMFS. The owner must after such change. submit such information to an address (j) Permit issuance. (1) NMFS will designated by NMFS. issue a permit within 30 days of receipt (iii) NMFS may require an applicant of a complete and qualifying applica- to provide documentation supporting tion. An application is complete when the application before a permit is all requested forms, information, and issued or to substantiate why such per- documentation have been received, in- mit should not be revoked or otherwise cluding all reports and fishing or catch sanctioned under paragraph (a)(6) of information required to be submitted this section. under this part. (iv) An applicant for an incidental (2) NMFS will notify the applicant of HMS squid trawl permit must submit, any deficiency in the application, in- in addition to all other information cluding failure to provide information specified in § 635.4(h)(1), a copy of a or reports required to be submitted valid Illex squid moratorium permit, as under this part. If the applicant fails to described at § 648.4(a)(5)(i) of this chap- correct the deficiency within 30 days ter. following the date of notification, the (2) LAPs for swordfish and shark. See application will be considered aban- paragraph (l) of this section for trans- doned. fers of LAPs for shark and swordfish. (3) A vessel owner issued an Atlantic See paragraph (m) of this section for Tunas permit in the General, Harpoon, renewals of LAPs for shark and sword- or Trap category or an Atlantic HMS fish. permit in the Angling or Charter/ (3) Dealer permits. (i) An applicant for a dealer permit must provide all the in- Headboat category under paragraph formation requested on the application (b), (c), or (d) of this section may form necessary to identify the com- change the category of the vessel per- pany, its principal place of business, mit once within 45 calendar days of the and mechanisms by which the company date of issuance of the permit, provided can be contacted. the vessel has not landed bluefin tuna (ii) An applicant must also submit a during those 45 calendar days as copy of each state wholesaler’s license verified by NMFS via landings data. held by the dealer and, if a business is After 45 calendar days from the date of owned by a corporation or partnership, issuance of the permit, the vessel the corporate or partnership docu- owner may not change the permit cat- ments requested on the application egory until the following fishing sea- form. son. (iii) An applicant must also submit (4) In order to obtain a shark en- any other information that may be dorsement to fish for, retain, possess, necessary for the issuance or adminis- or land sharks, a vessel owner with a tration of the permit, as requested by vessel fishing in a registered rec- NMFS. reational HMS fishing tournament and (i) Change in application information. issued or required to be issued either A vessel owner or dealer must report an Atlantic Tunas General category or any change in the information con- Swordfish General Commercial permit tained in an application for a permit or a vessel owner of a vessel issued or within 30 days after such change. The required to be issued an HMS Angling report must be submitted in a manner or HMS Charter/Headboat permit must and/or to a location designated by take a shark endorsement online quiz. NMFS. For certain information After completion of the quiz, NMFS changes, a new permit may be issued to will issue the vessel owner a new or re- incorporate the new information, sub- vised permit with the shark endorse- ject to limited access provisions speci- ment for the vessel. The vessel owner fied in paragraph (l)(2) of this section. can take the quiz at any time during NMFS may require supporting docu- the fishing year, but his or her vessel mentation before a new permit will be may not leave the dock on a trip dur- issued. If a change in the permit infor- ing which sharks will be fished for, re- mation is not reported within 30 days, tained, possessed, or landed unless a

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new or revised permit with a shark en- to another vessel or to another person dorsement has been issued by NMFS but only for use with handgear and sub- for the vessel. The addition of a shark ject to the upgrading restrictions in endorsement to the permit does not paragraph (l)(2)(ii) of this section and constitute a permit category change the limitations on ownership of per- and does not change the timing consid- mitted vessels in paragraph (l)(2)(iii) of erations for permit category changes this section. Shark directed and inci- specified in paragraph (j)(3) of this sec- dental LAPs, swordfish directed and in- tion. Vessel owners may request that cidental LAPs, and Atlantic Tunas NMFS remove the shark endorsement Longline category permits are not sub- from the permit at any time. If NMFS ject to the upgrading requirements removes the shark endorsement from specified in paragraph (l)(2)(ii) of this the vessel permit, no person on board section. Shark and swordfish incidental the vessel may fish for, retain, possess, LAPs are not subject to the ownership or land sharks. requirements specified in paragraph (k) Duration. A permit issued under (l)(2)(iii) of this section. this section will be valid for the period (ii) An owner may upgrade a vessel specified on it unless it is revoked, sus- with a swordfish handgear LAP, or pended, or modified pursuant to sub- transfer such permit to another vessel part D of 15 CFR part 904, the vessel or or to another person, and be eligible to dealership is sold, or any other infor- retain or renew such permit only if the mation previously submitted on the ap- upgrade or transfer does not result in plication changes, as specified in para- an increase in horsepower of more than graph (i) of this section. 20 percent or an increase of more than (l) Transfer—(1) General. A permit 10 percent in length overall, gross reg- issued under this section is not trans- istered tonnage, or net tonnage from ferable or assignable to another vessel the vessel baseline specifications. or owner or dealer; it is valid only for (A) The vessel baseline specifications the vessel or owner or dealer to whom are the respective specifications it is issued. If a person acquires a ves- (length overall, gross registered ton- sel or dealership and wants to conduct nage, net tonnage, horsepower) of the activities for which a permit is re- quired, that person must apply for a first vessel that was issued an initial permit in accordance with the provi- LAP or, if applicable, of that vessel’s sions of paragraph (h) of this section replacement owned as of May 28, 1999. or, if the acquired vessel is permitted (B) Subsequent to the issuance of a in either the shark, swordfish, or tuna swordfish handgear LAP, the vessel’s longline fishery, in accordance with horsepower may be increased, relative paragraph (l)(2) of this section. If the to the baseline specifications of the acquired vessel or dealership is cur- vessel initially issued the LAP, rently permitted, an application must through refitting, replacement, or be accompanied by the original permit, transfer. Such an increase may not ex- by a copy of a signed bill of sale or ceed 20 percent of the baseline speci- equivalent acquisition papers, and the fications of the vessel initially issued appropriate workshop certificates as the LAP. specified in § 635.8. (C) Subsequent to the issuance of a (2) Shark, swordfish, and tuna longline swordfish handgear LAP, the vessel’s LAPs. (i) Subject to the restrictions on length overall, gross registered ton- upgrading the harvesting capacity of nage, and net tonnage may be in- permitted vessels in paragraph (l)(2)(ii) creased, relative to the baseline speci- of this section, as applicable, and to fications of the vessel initially issued the limitations on ownership of per- the LAP, through refitting, replace- mitted vessels in paragraph (l)(2)(iii) of ment, or transfer. An increase in any of this section, an owner may transfer a these three specifications of vessel size shark or swordfish LAP or an Atlantic may not exceed 10 percent of the base- Tunas Longline category permit to an- line specifications of the vessel ini- other vessel that he or she owns or to tially issued the LAP. This type of up- another person. Directed handgear grade may be done separately from an LAPs for swordfish may be transferred engine horsepower upgrade.

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(iii) No person or entity may own or but retains the LAP(s) must notify control more than 5 percent of the ves- NMFS within 30 days after the sale of sels for which swordfish directed, shark the change in application information directed, or Atlantic Tunas Longline in accordance with paragraph (i) of this category LAPs have been issued. section. If the owner wishes to transfer (iv) In order to transfer a swordfish, the LAP(s) to a replacement vessel, he/ shark, or an Atlantic Tunas Longline she must apply according to the proce- category LAP to a replacement vessel, dures in paragraph (l)(2)(iv) of this sec- the owner of the vessel issued the LAP tion. must submit a request to NMFS, at an (viii) As specified in paragraph (f)(4) address designated by NMFS, to trans- of this section, a directed or incidental fer the LAP to another vessel, subject swordfish LAP, a directed or incidental to requirements specified in paragraph shark LAP, and an Atlantic Tunas (l)(2)(ii) of this section, if applicable. Longline category LAP are required to The owner must return the current retain swordfish for commercial pur- valid LAP to NMFS with a complete poses. Accordingly, a swordfish LAP application for a LAP, as specified in obtained by transfer without either a paragraph (h) of this section, for the directed or incidental shark LAP or an replacement vessel. Copies of both ves- Atlantic Tunas Longline category LAP sels’ U.S. Coast Guard documentation will not entitle an owner or operator to or state registration must accompany use a vessel to fish in the swordfish the application. fishery. (v) For swordfish, shark, and Atlan- (ix) As specified in paragraph (d)(4) of tic Tunas Longline category LAP this section, a directed or incidental transfers to a different person, the swordfish LAP, a directed or incidental transferee must submit a request to shark LAP, and an Atlantic Tunas NMFS, at an address designated by Longline category LAP are required to NMFS, to transfer the original LAP(s), retain Atlantic tunas taken by pelagic subject to the requirements specified longline gear. Accordingly, an Atlantic in paragraphs (l)(2)(ii) and (iii) of this Tunas Longline category LAP obtained section, if applicable. The following by transfer without either a directed or must accompany the completed appli- incidental swordfish or shark LAP will cation: The original LAP(s) with signa- not entitle an owner or operator to use tures of both parties to the transaction the permitted vessel to fish in the At- on the back of the permit(s) and the lantic tunas fishery with pelagic bill of sale for the permit(s). A person longline gear. must include copies of both vessels’ (m) Renewal—(1) General. Persons U.S. Coast Guard documentation or must apply annually for a dealer per- state registration for LAP transfers in- mit for Atlantic tunas, sharks, and volving vessels. swordfish, and for an Atlantic HMS An- (vi) For LAP transfers in conjunction gling, HMS Charter/Headboat, tunas, with the sale of the permitted vessel, shark, swordfish, Incidental HMS squid the transferee of the vessel and LAP(s) trawl, or HMS Commercial Caribbean issued to that vessel must submit a re- Small Boat vessel permit. Except as quest to NMFS, at an address des- specified in the instructions for auto- ignated by NMFS, to transfer the lim- mated renewals, persons must submit a ited access permit(s) LAP(s), subject to renewal application to NMFS, along the requirements specified in para- with a copy of the applicable valid graphs (l)(2)(ii) and (iii) of this section, workshop certificate or certificates, if if applicable. The following must ac- required pursuant to § 635.8, at an ad- company the completed application: dress designated by NMFS, at least 30 The original LAP(s) with signatures of days before a permit’s expiration to both parties to the transaction on the avoid a lapse of permitted status. back of the permit(s), the bill of sale NMFS will renew a permit if the spe- for the LAP(s) and the vessel, and a cific requirements for the requested copy of the vessel’s U.S. Coast Guard permit are met, including those de- documentation or state registration. scribed in paragraphs (h)(1)(iv) and (vii) The owner of a vessel issued a (l)(2) of this section; all reports re- LAP(s) who sells the permitted vessel quired under the Magnuson-Stevens

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Act and ATCA have been submitted, in- (n) Incidental HMS Squid Trawl per- cluding those described in §§ 635.5 and mits. (1) The owner of a vessel in the 300.185 of this title; the applicant is not squid trawl fishery, as described at subject to a permit sanction or denial § 635.24(b)(2), on which Atlantic sword- under paragraph (a)(6) of this section; fish are retained, or possessed with an and the workshop requirements speci- intention to sell, or from which Atlan- fied in § 635.8 are met. tic swordfish are sold must obtain, in (2) Shark and swordfish permits. A ves- addition to any other required permits, sel owner must obtain the applicable an Incidental HMS squid trawl permit. LAP(s) issued pursuant to the require- (2) An Incidental HMS squid trawl ments in paragraphs (e) and (f) of this permit is valid only when the vessel section and/or a Federal commercial has on board a valid Illex squid morato- smoothhound permit issued under rium permit, as described at paragraph (e) of this section; or an § 648.4(a)(5)(i) of this chapter, and no HMS Commercial Caribbean Small commercial fishing gear other than Boat permit issued under paragraph (o) trawl gear. of this section, if: The vessel is used to (o) HMS Commercial Caribbean Small fish for or take sharks commercially Boat permits. (1) The owner of a vessel from the management unit; sharks who fishes in the U.S. Caribbean, as de- from the management unit are re- fined at § 622.2 of this chapter, possesses tained or possessed on the vessel with handgear or green-stick gear and re- an intention to sell; or sharks from the tains, with the intention to sell, any management unit are sold from the BAYS tunas, Atlantic swordfish, or At- vessel. A vessel owner must obtain the lantic sharks may obtain an HMS Com- applicable LAP(s) issued pursuant to mercial Caribbean Small Boat permit. the requirements in paragraphs (e) and An HMS Commercial Caribbean Small (f) of this section, a Swordfish General Boat permit is valid only within the Commercial permit issued under para- U.S. Caribbean, as defined at § 622.2 of graph (f) of this section, an Incidental this chapter. HMS Squid Trawl permit issued under (2) To be eligible for an HMS Com- paragraph (n) of this section, an HMS mercial Caribbean Small Boat permit, Commercial Caribbean Small Boat per- vessel owners must provide documenta- mit issued under paragraph (o) of this tion that the vessel is less than or section, or an HMS Charter/Headboat equal to 13.7 m (45 ft) in length overall. permit with a commercial sale endorse- (3) A vessel issued an HMS Commer- ment issued under paragraph (b) of this cial Caribbean Small Boat permit may section, which authorizes a Charter/ not be issued any other HMS fishing Headboat to fish commercially for permit, except those issued under swordfish on a non for-hire trip subject § 635.32, as long as the HMS Commercial to the retention limits at § 635.24(b)(4) Caribbean Small Boat permit is valid. if: The vessel is used to fish for or take (4) The owner of a vessel issued an swordfish commercially from the man- HMS Commercial Caribbean Small agement unit; swordfish from the man- Boat permit may fish for, take, retain, agement unit are retained or possessed or possess only BAYS tunas, Atlantic on the vessel with an intention to sell; swordfish, and Atlantic sharks, subject or swordfish from the management to the trip limits specified at § 635.24. unit are sold from the vessel. The com- (5) HMS landed under an HMS Com- mercial retention and sale of swordfish mercial Caribbean Small Boat permit from vessels issued an HMS Charter/ may be sold by the owner or operator Headboat permit with a commercial to individuals who do not possess a sale endorsement is permissible only valid HMS dealer permit otherwise re- when the vessel is on a non for-hire quired under § 635.4(g). HMS Commer- trip. Only persons holding non-expired cial Caribbean Small Boat permit hold- shark and swordfish LAP(s) in the pre- ers may not sell HMS harvested or ceding year are eligible to renew those landed by another vessel or purchase, LAP(s). Transferors may not renew barter, or trade for HMS harvested by LAP(s) that have been transferred ac- other vessels with the intent to sell. cording to the procedures in paragraph (l) of this section. [64 FR 29135, May 28, 1999]

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EDITORIAL NOTE: For FEDERAL REGISTER ci- those fish. Each weighout slip must tations affecting § 635.4, see the List of CFR show the dealer to whom the fish were Sections Affected, which appears in the transferred, the date they were trans- Finding Aids section of the printed volume and at www.fdsys.gov. ferred, and the carcass weight of each fish for which individual weights are § 635.5 Recordkeeping and reporting. normally recorded. For fish that are Information on HMS vessel and deal- not individually weighed, a weighout er reporting requirements may be ob- slip must record total weights by spe- tained from the Division Chief or where cies and market category. A weighout otherwise stated in this part. slip for sharks prior to or as part of a (a) Vessels—(1) Logbooks. If an owner commercial transaction involving of an HMS charter/headboat vessel, an shark carcasses or fins must record the Atlantic tunas vessel, a shark vessel, a weights of carcasses and any detached swordfish vessel, or a vessel in the fins. The owner or operator must also squid trawl fishery for which a permit submit copies of weighout slips with has been issued under § 635.4(b), (d), (e), the logbook forms required to be sub- (f), or (n) is selected for logbook report- mitted under paragraph (a)(1) of this ing in writing by NMFS, he or she must section. maintain and submit a fishing record (3) Bluefin tuna landed by a commercial on a logbook form specified by NMFS. vessel and not sold. If a person who Entries are required regarding the ves- catches and lands a large medium or sel’s fishing effort and the number of giant bluefin tuna from a vessel issued fish landed and discarded. Entries on a a permit in any of the commercial cat- day’s fishing activities must be entered egories for Atlantic tunas does not sell on the logbook form within 48 hours of or otherwise transfer the bluefin tuna completing that day’s activities or be- to a dealer who has a dealer permit for fore offloading, whichever is sooner. Atlantic tunas, the person must con- The owner or operator of the vessel tact a NMFS enforcement agent, at a must submit the logbook form(s) post- number designated by NMFS, imme- marked within 7 days of offloading all diately upon landing such bluefin tuna, Atlantic HMS. If no fishing occurred provide the information needed for the during a calendar month, a no-fishing reports required under paragraph form so stating must be submitted (b)(2)(i) of this section, and, if re- postmarked no later than 7 days after quested, make the tuna available so the end of that month. If an owner of that a NMFS enforcement agent or au- an HMS charter/headboat vessel, At- thorized officer may inspect the fish lantic tunas vessel, shark vessel, swordfish vessel, or a vessel in the and attach a tag to it. Alternatively, squid trawl fishery permitted under such reporting requirement may be ful- § 635.4(b), (d), (e), (f), or (n) is selected filled if a dealer who has a dealer per- in writing by NMFS to complete the mit for Atlantic tunas affixes a dealer cost-earnings portion of the logbook(s), tag as required under paragraph the owner or operator must maintain (b)(2)(ii) of this section and reports the and submit the cost-earnings portion of bluefin tuna as being landed but not the logbook postmarked no later than sold on the reports required under 30 days after completing the offloading paragraph (b)(2)(i) of this section. If a for each trip fishing for Atlantic HMS vessel is placed on a trailer, the person during that calendar year, and submit must contact a NMFS enforcement the Atlantic Highly Migratory Species agent, or the bluefin tuna must have a Annual Expenditures form(s) post- dealer tag affixed to it by a permitted marked no later than the date specified Atlantic tunas dealer, immediately on the form of the following year. upon the vessel being removed from the (2) Weighout slips. If an owner of a water. All bluefin tuna landed but not permitted vessel is required to main- sold will be applied to the quota cat- tain and submit logbooks under para- egory according to the permit category graph (a)(1) of this section, and Atlan- of the vessel from which it was landed. tic HMS harvested on a trip are sold, (4) Bluefin tuna discarded dead, or the owner or operator must obtain and landed by a commercial vessel and sold. submit copies of weighout slips for The owner of a vessel that has been

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permitted or that is required to be per- charter permit, the vessel owner must mitted under § 635.4 in the Atlantic notify NMFS immediately and in writ- Tunas General or Harpoon categories, ing, upon termination of the chartering or has been permitted or is required to arrangement. Such notification re- be permitted under § 635.4 under the quirements shall also apply to situa- HMS Charter/Headboat category and tions where the chartering arrange- fishing under the General category ment is temporarily suspended and quotas and daily limits as specified at during intermittent periods where the § 635.23(c), must report all discards and/ vessel may be fishing under U.S. quotas or landings of bluefin tuna through the for Atlantic HMS. NMFS electronic catch reporting sys- (6) Atlantic Tunas permitted vessels. tem within 24 hours of the landings or The owner or operator of an Atlantic the end of trip. Such reports may be Tunas vessel fishing with pelagic made by either calling a phone number longline gear or an Atlantic Tunas designated by NMFS or by submitting Purse Seine category participant is the required information online to a subject to the VMS reporting require- Web site designated by NMFS. The ments under § 635.69(e)(4) and the appli- owner of a vessel that has been per- cable Individual Bluefin Quota (IBQ) mitted in a different bluefin tuna cat- Program and/or leasing requirements egory must report as specified else- under § 635.15(a)(2). where in this section (§ 635.5). (b) Dealers. Persons who have been (5) Chartering arrangements. (i) For issued a dealer permit under § 635.4 the purposes of this section, a char- must submit reports to NMFS, to an tering arrangement means any con- address designated by NMFS, and tract, agreement, or commitment be- maintain records as follows: tween a U.S. vessel owner and a foreign (1) Atlantic HMS. (i) Dealers that have entity (e.g., government, company, per- been issued or should have been issued son) by which the control, use, posses- a Federal Atlantic BAYS tunas, sword- sion, or services of a vessel are secured, fish, and/or shark dealer permit under for a period of time for fishing tar- § 635.4 must submit to NMFS all reports geting Atlantic HMS. Chartering ar- required under this section within the rangements under this part do not in- timeframe specified under paragraph clude bareboat charters under which a (b)(1)(ii) of this section. BAYS tunas, vessel enters into a fishing agreement swordfish, and sharks commercially- with a foreign entity, changes registra- harvested by a vessel can only be first tion to fish under another country’s received by dealers that have been registration then, once the agreed-upon issued or should have been issued an fishing is completed, reverts back to Atlantic tunas, swordfish, and/or shark the vessel’s original registration. dealer permit under § 635.4. All federal (ii) Before fishing under a chartering Atlantic HMS dealers must provide a arrangement, the owner of a fishing detailed report of all fish first received vessel subject to U.S. jurisdiction must to NMFS within the period specified apply for, and obtain, a chartering per- under paragraph (b)(1)(ii) of this sec- mit as specified in § 635.32(e) and (g). If tion. All reports must be species-spe- a chartering permit is obtained, the cific and must include the required in- vessel owner must submit catch infor- formation about all swordfish and mation as specified in the terms and sharks received by the dealer, includ- conditions of that permit. All catches ing the required vessel information, re- will be recorded and counted against gardless of where the fish were har- the applicable quota of the Contracting vested or whether the harvesting vessel Party to which the chartering foreign is permitted under § 635.4. For sharks, entity is a member and, unless other- each report must specify the total wise provided in the chartering permit, weight of the carcass(es) without the must be offloaded in the ports of the fins for each species, and the total fin chartering foreign entity or offloaded weight by grade for all sharks com- under the direct supervision of the bined. Dealers are also required to sub- chartering foreign entity. mit ‘‘negative’’ reports, indicating no (iii) If the chartering arrangement receipt of any species, within the time- terminates before the expiration of the frame specified under paragraph

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(b)(1)(ii) of this section if they did not (2) Requirements for bluefin tuna—(i) first receive any fish during the report- Dealer reports—(A) Landing reports. ing period. As stated in § 635.4(a)(6), Each dealer with a valid Atlantic failure to comply with these record- Tunas dealer permit issued under § 635.4 keeping and reporting requirements must submit the landing reports to may result in existing dealer permit(s) NMFS for each bluefin received from a being revoked, suspended, or modified, U.S. fishing vessel. Such reports must and in the denial of any permit applica- be submitted electronically via the tions. Internet to a number or a web address (ii) Reports of any Atlantic BAYS designated by NMFS not later than 24 tunas, sharks, and/or swordfish first re- hours after receipt of the bluefin. ceived by dealers from a vessel must be Landing reports must include the name submitted electronically on a weekly and permit number of the vessel that basis through a NMFS-approved elec- landed the bluefin and other informa- tronic reporting system by the dealer tion regarding the catch as instructed and received by NMFS no later than by NMFS. When purchasing bluefin midnight, local time, of the first Tues- tuna from eligible IBQ Program par- day following the end of the reporting ticipants or Atlantic Tunas Purse Seine category participants, permitted week unless the dealer is otherwise no- Atlantic Tunas dealers must also enter tified by NMFS. Reports of BAYS landing reports into the electronic IBQ tunas, sharks, and/or swordfish may be System established under § 635.15, not modified for not more than 30 days later than 24 hours after receipt of the from when the dealer report is sub- bluefin. The vessel owner or operator mitted to NMFS. NMFS will require must confirm that the IBQ System BAYS tunas, swordfish, and shark deal- landing report information is accurate ers to submit dealer reports to NMFS by entering a unique PIN when the on a weekly basis. Atlantic BAYS dealer report is submitted. The dealer tunas, sharks, and swordfish dealers must inspect the vessel’s permit to must submit electronic negative re- verify that it is a commercial category, ports stating that no BAYS tunas, the required vessel name and permit sharks, and/or swordfish were first re- number as listed on the permit are cor- ceived when they received no fish of rectly recorded in the landing report, these species, and no parts thereof, and that the vessel permit has not ex- during the reporting period. Reporting pired. requirements for bluefin tuna are spec- (B) Bi-weekly reports. Each dealer ified in paragraph (b)(2) of this section. with a valid Atlantic tunas permit The negative reporting requirement under § 635.4 must submit a complete does not apply for bluefin tuna. bi-weekly report on forms available (iii) Atlantic HMS dealers are not au- from NMFS for BFT received from U.S. thorized to first receive Atlantic vessels. For BFT received from U.S. swordfish, sharks, and/or BAYS tunas vessels on the 1st through the 15th of if the required reports have not been each month, the dealer must submit submitted and received by NMFS ac- the bi-weekly report form to NMFS, to cording to reporting requirements be received by NMFS, not later than under this section. Delinquent reports the 25th of that month. Reports of BFT automatically result in an Atlantic received on the 16th through the last HMS dealer becoming ineligible to first day of each month must be received by receive Atlantic swordfish, sharks, and/ NMFS not later than the 10th of the fol- or BAYS tunas. Atlantic HMS dealers lowing month. who become ineligible to first receive (ii) Dealer tags. NMFS will issue num- Atlantic swordfish, sharks, and/or bered dealer tags to each person issued BAYS tunas due to delinquent reports a dealer permit for Atlantic tunas are authorized to first receive Atlantic under § 635.4. A dealer tag is not trans- swordfish, sharks, and/or BAYS tunas ferable and is usable only by the dealer only once all required and delinquent to whom it is issued. Dealer tags may reports have been completed, sub- not be reused once affixed to a tuna or mitted by the dealer, and received by recorded on a package, container, or NMFS. report.

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(A) Affixing dealer tags. A dealer or a the NMFS electronic catch reporting dealer’s agent must affix a dealer tag system within 24 hours of the landing. to each BFT purchased or received (2) Non-tournament landings. The from a U.S. vessel immediately upon owner, or the owner’s designee, of a offloading the BFT. If a vessel is placed vessel permitted, or required to be per- on a trailer, the dealer or dealer’s mitted, in the Atlantic HMS Angling agent must affix the dealer tag to the or Atlantic HMS Charter/Headboat cat- BFT immediately upon the vessel egory must report all non-tournament being removed from the water. The landings of Atlantic blue marlin, At- dealer tag must be affixed to the BFT lantic white marlin, roundscale spear- between the fifth dorsal finlet and the fish, and Atlantic sailfish, and all non- caudal keel. tournament and non-commercial land- (B) Removal of dealer tags. A dealer ings of North Atlantic swordfish to tag affixed to any BFT under para- NMFS by telephone to a number des- graph (b)(2)(ii)(A) of this section or a ignated by NMFS, or electronically via BSD tag affixed to an imported bluefin the internet to an internet website des- tuna must remain on the fish until it is ignated by NMFS, or by other means as cut into portions. If the bluefin tuna or specified by NMFS, within 24 hours of bluefin tuna parts subsequently are that landing. For telephone landing re- packaged for transport for domestic ports, the owner, or the owner’s des- commercial use or for export, the num- ignee, must provide a contact phone ber of the dealer tag or the BSD tag number so that a NMFS designee can must be written legibly and indelibly call the vessel owner, or the owner’s on the outside of any package con- designee, for follow up questions and to taining the tuna. Such tag number also confirm the reported landing. Regard- must be recorded on any document ac- less of how submitted, landing reports companying the shipment of bluefin submitted to NMFS are not complete tuna for commercial use or export. unless the vessel owner, or the owner’s designee, has received a confirmation (iii) Dealers must comply with dealer number from NMFS or a NMFS des- requirements related to the Individual ignee. Bluefin Quota Program under (3) Alternative recreational catch re- § 635.15(a)(4)(iii). porting. Alternative recreational catch (3) Recordkeeping. Dealers must re- reporting procedures may be estab- tain at their place of business a copy of lished by NMFS with cooperation from each report required under paragraphs states which may include such meth- (b)(1)(i), (b)(1)(ii), and (b)(2)(i) of this odologies as telephone, dockside or section for a period of 2 years from the mail surveys, mail in or phone-in re- date on which each report was required ports, tagging programs, catch cards, to be submitted. or mandatory check-in stations. A cen- (c) Anglers. All bluefin tuna, billfish, sus or a statistical sample of persons and North Atlantic swordfish non-tour- fishing under the recreational fishing nament landings must be reported as regulations of this part may be used for specified under paragraphs (c)(1) or these alternative reporting programs (c)(2) of this section, unless an alter- (after the programs have received Pa- native recreational catch reporting perwork Reduction Act approval from system has been established as speci- OMB). Persons or vessel owners se- fied under paragraph (c)(3) of this sec- lected for reporting will be notified by tion. Tournament landings must be re- NMFS or by the cooperating state ported as specified under paragraph (d) agency of the requirements and proce- of this section. dures for reporting recreational catch. (1) Bluefin tuna. The owner of a vessel Each person so notified must comply permitted, or required to be permitted with those requirements and proce- in the Atlantic HMS Angling or Atlan- dures. Additionally, NMFS may deter- tic HMS Charter/Headboat category mine that recreational landing report- under § 635.4 must report the catch of ing systems implemented by the states, all bluefin tuna discarded dead and/or if mandatory, at least as restrictive, retained under the Angling category and effectively enforced, are sufficient quota designated at § 635.27(a) through for recreational landing monitoring as

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required under this part. In such case, (f) Additional data and inspection. Ad- NMFS will file with the Office of the ditional data on fishing effort directed Federal Register for publication notifi- at Atlantic HMS or on catch of Atlan- cation indicating that compliance with tic HMS, regardless of whether re- the state system satisfies the reporting tained, may be collected by contractors requirements of paragraph (c) of this and statistical reporting agents, as des- section. ignees of NMFS, and by authorized offi- (d) Tournament operators. For all cers. A person issued a permit under tournaments that are conducted from a § 635.4 is required to provide requested port in an Atlantic coastal state, in- information about fishing activity, and cluding the U.S. Virgin Islands and a person, regardless of whether issued a Puerto Rico, a tournament operator permit under § 635.4, who possesses an must register with the NMFS’ HMS Atlantic HMS is required to make such Management Division, at least 4 weeks fish or parts thereof available for in- prior to commencement of the tour- spection by NMFS or its designees nament by submitting information on upon request. the purpose, dates, and location of the [64 FR 29135, May 28, 1999] tournament to NMFS. A tournament is not registered unless the tournament EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 635.5, see the List of CFR operator has received a confirmation Sections Affected, which appears in the number from the NMFS’ HMS Manage- Finding Aids section of the printed volume ment Division. NMFS will notify the and at www.fdsys.gov. tournament operator in writing when a tournament has been selected for re- § 635.6 Vessel and gear identification. porting. Tournament operators that (a) Vessel number. For the purposes of are selected to report must maintain this section, a vessel’s number is the and submit to NMFS a record of catch vessel’s official number issued by ei- and effort on forms available from ther by the U.S. Coast Guard or by the NMFS. Tournament operators must appropriate state agency. submit the completed forms to NMFS, (b) Vessel identification. (1) An owner at an address designated by NMFS, or operator of a vessel for which a per- postmarked no later than the 7th day mit has been issued under § 635.4, other after the conclusion of the tournament, than an HMS Angling permit, must dis- and must attach a copy of the tour- play the vessel number— nament rules. (i) On the port and starboard sides of (e) Inspection. Any person authorized the deckhouse or hull and on an appro- to carry out enforcement activities priate weather deck, so as to be clearly under the regulations in this part has visible from an enforcement vessel or the authority, without warrant or aircraft. other process, to inspect, at any rea- (ii) In block Arabic numerals perma- sonable time, catch on board a vessel nently affixed to or painted on the ves- or on the premises of a dealer, sel in contrasting color to the back- logbooks, catch reports, statistical ground. records, sales receipts, or other records (iii) At least 18 inches (45.7 cm) in and reports required by this part to be height for vessels over 65 ft (19.8 m) in made, kept, or furnished. An owner or length; at least 10 inches (25.4 cm) in operator of a fishing vessel that has height for all other vessels over 25 ft been issued a permit under § 635.4 or (7.6 m) in length; and at least 3 inches § 635.32 must allow NMFS or an author- (7.6 cm) in height for vessels 25 ft (7.6 ized person to inspect and copy any re- m) in length or less. quired reports and the records, in any (2) The owner or operator of a vessel form, on which the completed reports for which a permit has been issued are based, wherever they exist. An under § 635.4 must keep the vessel’s agent of a person issued a permit under number clearly legible and in good re- this part, or anyone responsible for off- pair and ensure that no part of the ves- loading, storing, packing, or selling sel, its rigging, its fishing gear, or any regulated HMS for such permittee, other material on board obstructs the shall be subject to the inspection provi- view of the vessel’s number from an en- sions of this section. forcement vessel or aircraft.

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(c) Gear identification. (1) The owner formation requirements will be speci- or operator of a vessel for which a per- fied in a selection letter sent by NMFS. mit has been issued under § 635.4 and (d) Assignment of observers. Once a se- that uses handline, buoy gear, harpoon, lected vessel notifies NMFS or its des- longline, or gillnet, must display the ignee, NMFS will assign an observer vessel’s name, registration number, or for that trip based on current informa- Atlantic Tunas, HMS Angling, or HMS tion needs relative to the expected Charter/Headboat permit number on catch and bycatch likely to be associ- each float attached to a handline, buoy ated with the indicated gear deploy- gear, or harpoon, and on the terminal ment, trip duration and fishing area. If floats and high-flyers (if applicable) on an observer is not assigned for a fishing a longline or gillnet used by the vessel. trip, NMFS, or their designated ob- The vessel’s name or number must be server service provider, will issue a at least 1 inch (2.5 cm) in height in waiver for that trip to the owner or op- block letters or Arabic numerals in a erator of the selected vessel, so long as color that contrasts with the back- the waiver is consistent with other ap- ground color of the float or high-flyer. plicable laws. If an observer is assigned (2) An unmarked handline, buoy gear, for a trip, the operator of the selected harpoon, longline, or gillnet, is illegal vessel must arrange to embark the ob- and may be disposed of in an appro- server and shall not fish for or retain priate manner by NMFS or an author- any Atlantic HMS unless the NMFS-as- ized officer. signed observer is aboard. (e) Requirements. The owner or oper- [64 FR 29135, May 28, 1999, as amended at 66 ator of a vessel on which a NMFS-ap- FR 42804, Aug. 15, 2001; 67 FR 77437, Dec. 18, proved observer is embarked, regard- 2002; 71 FR 58166, Oct. 2, 2006; 83 FR 33153, less of whether required to carry the July 17, 2018] observer, must comply with safety reg- ulations in § 600.725 and § 600.746 of this § 635.7 At-sea observer coverage. chapter and— (a) Applicability. NMFS may select for (1) Provide accommodations and food at-sea observer coverage any vessel that are equivalent to those provided that has an Atlantic HMS, tunas, to the crew. shark, or swordfish permit issued under (2) Allow the observer access to and § 635.4 or § 635.32. When selected, vessels use of the vessel’s communications are required to take observers on a equipment and personnel upon request mandatory basis. Vessels permitted in for the transmission and receipt of the HMS Charter/Headboat and An- messages related to the observer’s du- gling categories may be requested to ties. take observers on a voluntary basis. (3) Allow the observer access to and (b) Selection of vessels. NMFS will no- use of the vessel’s navigation equip- tify a vessel owner, in writing, by ment and personnel upon request to de- email, by phone, or in person when his termine the vessel’s position. or her vessel is selected for observer (4) Allow the observer free and unob- coverage. Vessels will be selected to structed access to the vessel’s bridge, provide information on catch, bycatch working decks, holding bins, weight and other fishery data according to the scales, holds, and any other space used need for representative samples. to hold, process, weigh, or store fish. (c) Notification of trips. If selected to (5) Allow the observer to inspect and carry an observer, it is the responsi- copy the vessel’s log, communications bility of the vessel owner to arrange logs, and any records associated with for and facilitate observer placement. the catch and distribution of fish for The owner or operator of a vessel that that trip. is selected under paragraph (b) of this (6) Notify the observer in a timely section must notify NMFS, at an ad- fashion of when fishing operations are dress or by phone at a number des- to begin and end. ignated by NMFS, before commencing (f) Vessel responsibilities. An owner any fishing trip that may result in the or operator of a vessel required to incidental catch or harvest of Atlantic carry one or more observer(s) must HMS. Notification procedures and in- provide reasonable assistance to enable

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observer(s) to carry out their duties, cies safe handling, release, and identi- including, but not limited to: fication workshop certificate issued to (1) Measuring decks, codends, and the vessel owner for a vessel that fishes holding bins. with longline or gillnet gear must be (2) Providing the observer(s) with a included in the application package to safe work area. renew or obtain a shark or swordfish (3) Collecting bycatch when re- LAP. quested by the observer(s). (4) An operator that fishes with (4) Collecting and carrying baskets of longline or gillnet gear as specified in fish when requested by the observer(s). paragraph (a)(1) of this section must (5) Allowing the observer(s) to collect possess on board the vessel a valid safe biological data and samples. handling, release, and identification (6) Providing adequate space for stor- workshop certificate issued to that op- age of biological samples. erator, in addition to a certificate [80 FR 73144, Nov. 24, 2015] issued to the vessel owner. (b) Atlantic shark identification work- § 635.8 Workshops. shops. (1) As of December 31, 2007, all (a) Safe handling, release, and identi- Federal Atlantic shark dealers per- fication workshops. (1) Both the owner mitted or required to be permitted pur- and operator of a vessel that fishes suant to § 635.4(g)(2), or a proxy for with longline or gillnet gear must be each place of business as specified in certified by NMFS, or its designee, as paragraph (b)(4) of this section, must having completed a workshop on the be certified by NMFS, or its designee, safe handling, release, and identifica- as having completed an Atlantic shark tion of protected species before a shark identification workshop. or swordfish LAP, pursuant to § 635.4(e) (2) NMFS, or its designee, will issue and (f), is renewed. For the purposes of an Atlantic shark identification work- this section, it is a rebuttable presump- shop certificate to any person who tion that a vessel fishes with longline completes an Atlantic shark identifica- or gillnet gear if: Longline or gillnet tion workshop. gear is onboard the vessel; logbook re- (3) Dealers who own multiple busi- ports indicate that longline or gillnet nesses and who attend and successfully gear was used on at least one trip in complete the workshop will be issued a the preceding year; or, in the case of a certificate for each place of business permit transfer to new owners that oc- that is permitted to receive sharks pur- curred less than a year ago, logbook re- suant to § 635.4(g)(2). ports indicate that longline or gillnet (4) Only dealers issued a valid shark gear was used on at least one trip since dealer permit may send a proxy to the the permit transfer. Atlantic shark identification work- (2) NMFS, or its designee, will issue a shops. If a dealer opts to send a proxy, safe handling, release, and identifica- the dealer must designate at least one tion workshop certificate to any person proxy from each place of business list- who completes a safe handling, release, ed on the dealer permit, issued pursu- and identification workshop. If an ant to § 635.4(g)(2), which first receives owner owns multiple vessels, NMFS Atlantic shark. The proxy must be a will issue a certificate for each vessel person who is currently employed by a that the owner owns upon successful place of business covered by the deal- completion of one workshop. An owner er’s permit; is a primary participant in who is also an operator will be issued the identification, weighing, and/or multiple certificates, one as the owner first receipt of fish as they are re- of the vessel and one as the operator. ceived; and fills out dealer reports as (3) The owner of a vessel that fishes required under § 635.5. Only one certifi- with longline or gillnet gear, as speci- cate will be issued to each proxy. If a fied in paragraph (a)(1) of this section, proxy is no longer employed by a place is required to possess on board the ves- of business covered by the dealer’s per- sel a valid protected species safe han- mit, the dealer or another proxy must dling, release, and identification work- be certified as having completed a shop certificate issued to that vessel workshop pursuant to this section. At owner. A copy of a valid protected spe- least one individual from each place of

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business listed on the dealer permit lantic sharks by contacting NMFS at which first receives Atlantic sharks an address designated by NMFS. must possess a valid Atlantic shark (c) Terms and conditions. (1) Certifi- identification workshop certificate. cates, as described in paragraphs (a) (5) An Atlantic shark dealer issued or and (b) of this section, are valid for required to be issued a shark dealer three calendar years. All certificates permit pursuant to § 635.4(g)(2) must must be renewed prior to the expira- possess and make available for inspec- tion date on the certificate. tion a valid dealer or proxy Atlantic (2) If a vessel fishes with longline or shark identification workshop certifi- gillnet gear as described in paragraph cate issued to the dealer or proxy at (a)(1) of this section, the vessel owner each place of business listed on the may not renew a shark or swordfish dealer permit which first receives At- LAP, issued pursuant to § 635.4(e) or (f), lantic sharks. For the purposes of this without submitting a valid protected part, trucks or other conveyances of a species workshop certificate with the dealer’s place of business are consid- permit renewal application. ered to be extensions of a dealer’s place (3) A vessel that fishes with longline of business and must possess a copy of or gillnet gear as described in para- a valid dealer or proxy Atlantic shark graph (a)(1) of this section and that has identification workshop certificate been, or should be, issued a valid LAP issued to a place of business covered by pursuant to § 635.4(e) or (f), may not the dealer permit. A copy of a valid At- fish unless a valid protected species lantic shark identification workshop safe handling, release, and identifica- certificate must be included in the tion workshop certificate has been dealer’s application package to obtain issued to both the owner and operator or renew an Atlantic shark dealer per- of that vessel. mit. If multiple businesses are author- (4) An Atlantic shark dealer may not ized to first receive Atlantic sharks first receive Atlantic shark without a under the Atlantic shark dealer’s per- valid dealer or proxy Atlantic shark mit, a copy of the Atlantic shark iden- identification workshop certificate tification workshop certificate for each issued to the dealer or proxy. A valid place of business listed on the Atlantic dealer or proxy Atlantic shark identi- shark dealer permit which first re- fication workshop certificate issued to ceives Atlantic sharks must be in- the dealer or proxy must be maintained cluded in the Atlantic shark dealer per- on the premises of each place of busi- mit renewal application package. ness listed on the dealer permit which (6) Persons holding an expired Atlan- first receives Atlantic sharks. An At- tic shark dealer permit and persons lantic shark dealer may not renew a who intend to apply for a new Atlantic Federal dealer permit issued pursuant shark dealer permit will be issued a to § 635.4(g)(2) unless a copy of a valid participant certificate in their name dealer or proxy Atlantic shark identi- upon successful completion of the At- fication workshop certificate issued to lantic shark identification workshop. A the dealer or proxy has been submitted participant certificate issued to such with the permit renewal application. If persons may be used only to apply for the dealer is not certified and opts to an Atlantic shark dealer permit. Pur- send a proxy or proxies to a workshop, suant to § 635.8(c)(4), an Atlantic shark the dealer must submit a copy of a dealer may not first receive Atlantic valid proxy certificate for each place of shark without a valid dealer or proxy business listed on the dealer permit Atlantic shark identification workshop which first receives Atlantic sharks. certificate issued to the dealer or (5) A vessel owner, operator, shark proxy. After an Atlantic shark dealer dealer, proxy for a shark dealer, or par- permit is issued to a person using an ticipant who is issued either a safe Atlantic shark identification workshop handling, release, and identification participant certificate, such person workshop certificate or an Atlantic may obtain an Atlantic shark identi- shark identification workshop certifi- fication workshop dealer certificate for cate may not transfer that certificate each location which first receives At- to another person.

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(6) Vessel owners issued a valid safe (b) EM Installation. (1) NMFS or a handling, release, and identification NMFS-approved contractor will assess workshop certificate may request, in individual Atlantic Tunas Longline the application for permit transfer per permitted vessels that are currently el- § 635.4(l)(2), additional safe handling, igible for IBQ share, install and test all release, and identification workshop EM systems; provide training to vessel certificates for additional vessels that owners or operators or their designees; they own. Shark dealers may request and develop in consultation with vessel from NMFS additional Atlantic shark owners or operators or their designees identification workshop certificates for required operational plans (Vessel additional places of business author- Monitoring Plan or VMP) for the EM ized to receive sharks that they own as systems, as described in paragraph long as they, and not a proxy, were (e)(2) of this section. issued the certificate. All certificates (2) Vessel owners or operators, as in- must be renewed prior to the date of structed by NMFS, will be required to expiration on the certificate. coordinate with NMFS or a NMFS-ap- (7) To receive the safe handling, re- proved contractor to schedule a date or lease, and identification workshop cer- range of dates for EM installation, and/ tificate or Atlantic shark identifica- or may be required to steam to a des- tion workshop certificate, persons re- ignated port for EM installation on quired to attend the workshop must NMFS-determined dates. NMFS may first show a copy of their HMS permit, require vessel owners to make minor as well as proof of identification to modifications to vessel equipment to NMFS or NMFS’ designee at the work- facilitate installation and operation of shop. If a permit holder is a corpora- the EM system, such as, but not lim- tion, partnership, association, or any ited to, installation of a fitting for the other entity, the individual attending pressure side of the line of the drum on behalf of the permit holder must hydraulic system, a power supply for show proof that he or she is the permit the EM system and power switches/con- holder’s agent and provide a copy of nections, additional lighting, and/or a the HMS permit to NMFS or NMFS’ mounting structure(s) for installation designee at the workshop. For proxies of the camera(s). EM installation must attending on behalf of a shark dealer, be completed by June 1, 2015 in order to the proxy must have documentation fish with pelagic longline gear after from the shark dealer acknowledging that date. that the proxy is attending the work- (i) Certificate of Installation. After shop on behalf of the Atlantic shark confirming that an EM system that dealer and must show a copy of the At- meets the requirements of this section lantic shark dealer permit to NMFS or is properly installed, the system has NMFS’ designee at the workshop. been tested, and training and a re- [71 FR 58166, Oct. 2, 2006, as amended at 73 FR quired operational plan (VMP) are 38153, July 3, 2008; 74 FR 66586, Dec. 16, 2009; completed, NMFS or the NMFS-ap- 77 FR 47316, Aug. 8, 2012; 82 FR 16506, Apr. 4, proved contractor will provide a Cer- 2017; 83 FR 33153, July 17, 2018] tificate of Installation to the vessel owner or operator. § 635.9 Electronic monitoring. (ii) Vessels described under para- (a) Applicability. An owner or oper- graph (a) of this section may not de- ator of a commercial vessel permitted part on a fishing trip without having a or required to be permitted in the At- valid Certificate of Installation and lantic Tunas Longline category under VMP on board. § 635.4, and that has pelagic longline (c) EM System Components. The EM gear on board, is required to have in- system installed by the NMFS-ap- stalled, operate, and maintain an elec- proved contractor must be comprised tronic monitoring (EM) system on the of video camera(s), recording equip- vessel, as specified in this section. Ves- ment, and other related equipment and sel owner or operators can contact must have the following components NMFS or a NMFS-approved contractor and capabilities: for more details on procuring an EM (1) Video camera(s). (i) Video cameras system. must be mounted and placed so as to

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provide clear, unobstructed views of box and provide information on the the area(s) where the pelagic longline current date and time synchronized via gear is retrieved and of catch being re- GPS, GPS coordinates, current hydrau- moved from hooks prior to being lic pressure reading, presence of a data placed in the hold or discarded. There disk, percentage used of the data disk, must be lighting sufficient to illu- and video recording status. minate clearly individual fish. (6) The EM system must have soft- (ii) Video camera(s) must be in suffi- ware that enables the system to be cient numbers (a minimum of two and tested for functionality and that up to four), with sufficient resolution records the outcome of the tests. (no less than 720p (1280 × 720)) for (d) Data maintenance, storage, and NMFS, the USCG, and their authorized viewing. The EM system must have the officers and designees, or any indi- capacity to allow NMFS, the USCG, vidual authorized by NMFS to deter- and their authorized officers and des- mine the number and species of fish ignees, or any NMFS-approved con- harvested. To obtain the views de- tractor to observe the live video on the scribed in paragraph (c)(1)(i), at least EM systems monitor as described in one camera must be mounted to record paragraph (c)(5) of this section. Vessel close-up images of fish being retained owner or operators must provide access on the deck at the haulback station, to the system, including the data upon and at least one camera must be request. mounted to record activity at the wa- (e) Operation. (1) Unless otherwise au- terline along the side of the vessel at thorized by NMFS in writing, a vessel the haul back station. NMFS or the described in paragraph (a) of this sec- NMFS-approved contractor will deter- tion must collect video and sensor data mine if more cameras are needed. in accordance with the requirements in (iii) The EM system must be capable this section, in order to fish with pe- of initiating video recording at the lagic longline gear. time gear retrieval starts. It must (2) Vessel monitoring plan. The vessel record all periods of time when the owner or operator must have available gear is being retrieved and catch is re- onboard a written VMP for its system, moved from the hooks until it is placed which is an operational plan developed in the hold or discarded. by the NMFS-approved contractor con- (2) GPS receiver. A GPS receiver is re- taining the standardized procedures re- quired to produce output, which in- lating to the vessel’s EM system. VMPs cludes location coordinates, velocity, may include, but are not limited to, in- and heading data, and is directly formation on the locations of EM sys- logged continuously by the control tem components; contact information box. The GPS receiver must be in- for technical support; instructions on stalled and remain in a location where how to conduct a pre-trip system test; it receives a strong signal continu- instructions on how to verify proper ously. system functions; location(s) on deck (3) Hydraulic and drum rotation sen- where fish retrieval should occur to re- sors. Hydraulic sensors are required to main in view of the cameras; proce- continuously monitor the hydraulic dures for how to manage EM system pressure and a drum rotation sensor hard drives; catch handling procedures; must continuously monitor drum rota- a size reference for facilitating deter- tions. mination of fish size; periodic checks of (4) EM control box. The system must the monitor during the retrieval of include a control box that receives and gear to verify proper functioning; re- stores the raw data provided by the porting procedures. The VMP should sensors and cameras. The control box minimize to the extent practicable any must contain removable hard drives impact on the current operating proce- and storage systems adequate for a trip dures of the vessel, and should help en- lasting 30 days. sure the safety of the crew. (5) EM systems monitor. A wheelhouse (3) Handling of fish and duties of care. monitor must provide a graphical user The vessel owner or operator must en- interface for harvester to monitor the sure that all fish that are caught, even state and performance of the control those that are released, are handled in

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a manner that enables the video sys- NMFS independently determines that tem to record such fish, and must en- an EM system fails to meet the re- sure that all handling and retention of quirements of this section, the vessel bluefin tuna occurs in accordance with cannot leave port unless and until relevant regulations and the oper- NMFS provides written authorization. ational procedures outlined in the NMFS may grant such authorization VMP. The vessel owner or operator is after confirming that an EM system is responsible for ensuring the proper functioning properly or other cir- continuous functioning of the EM sys- cumstances as determined by NMFS tem, including that the EM system warrant authorization. must remain powered on for the dura- (g) Repair and replacement. If the ves- tion of each fishing trip from the time sel owner or operator becomes aware of departure to time of return; cameras that the EM system on the vessel is not must be cleaned routinely; and EM sys- functioning properly at sea, the vessel tem components must not be tampered owner or operator must contact NMFS with. and follow the instructions given. Such (4) Completion of trip. Within 48 hours instructions may include but are not of completing a fishing trip, the vessel limited to returning to port until the owner or operator must mail the re- EM system is repaired. Once in port, an movable EM system hard drive(s) con- EM system must be functioning prop- taining all data to NMFS or NMFS-ap- erly (e.g., repaired, reinstalled, or re- proved contractor, according to in- placed) consistent with the installation structions provided by NMFS. The ves- requirements in this section before the sel owner or operator is responsible for vessel can fish with pelagic longline using shipping materials suitable to gear. protect the hard drives (e.g., bubble wrap), tracking the package, and in- [79 FR 71588, Dec. 2, 2014, as amended at 83 FR 33154, July 17, 2018] cluding a self-addressed mailing label for the next port of call so replacement hard drives can be mailed back to the Subpart B—Individual Vessel vessel owner or operator. Prior to de- Measures parting on a subsequent trip, the vessel owner or operator must install a re- § 635.14 Performance metrics. placement EM system hard drive(s) to (a) General. For purposes of enable data collection and video re- § 635.21(c)(3), NMFS will determine cording. The vessel owner or operator ‘‘qualified’’ vessels based on the per- is responsible for contacting NMFS or formance metrics in paragraph (b) of NMFS-approved contractor if they this section. Specifically, NMFS will have requested but not received a re- use fishery dependent and fishery inde- placement hard drive(s) and for inform- pendent data to evaluate vessel per- ing NMFS or NMFS-approved con- formance based on avoidance of bluefin tractor of any lapse in the hard drive tuna interactions while fishing with a management procedures described in pelagic longline gear and history of the VMP. compliance with the observer and log- (f) Failure to adequately monitor the book requirements of §§ 635.7 and 635.5, gear and catch. The vessel owner or op- respectively. erator must monitor and maintain the (b) Calculation of performance metrics. EM system in working condition, In year one of implementation, NMFS which includes ensuring the proper will analyze the relevant data from the continuous functioning of the EM sys- period 2006 to 2012 to determine a ves- tem, cameras provide clear unob- sel’s score and qualification status. structed views, and video picture qual- Subsequently, NMFS will analyze ity is clear. Prior to departing on a trip available data from the most recent with pelagic longline gear on board, complete three consecutive year period the vessel owner or operator must test to determine a vessel’s score and quali- the functionality of the system and fication status. NMFS will commu- contact NMFS or the NMFS-approved nicate the results of the annual deter- contractor if the system is not func- mination to individual permit holders tioning properly. In that case, or if in writing. NMFS may revise, through

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the framework procedures under occurred without required communica- § 635.34, the scoring system to reflect tion or observer coverage. changes in the fishery or ensure that it (3) Logbook compliance performance provides the desired incentives and metric. NMFS will score vessels based meets the goals of this program. The on both the vessel owner’s and vessel process used to calculate the perform- operator’s compliance with the log- ance metrics are described fully in book reporting requirements outlined Amendment 7 to the 2006 Consolidated in § 635.5. This metric will reflect the HMS FMP. The main metrics are sum- timeliness of the submission of the marized below. logbooks (for example, the amount of (1) Bluefin tuna interactions perform- time elapsed between the offloading of the catch and the logbook submission). ance metric. The basis for the bluefin (4) Combining performance metrics. The tuna interactions performance metric performance metrics described under is the ratio of the number of bluefin paragraphs (b)(1) through (3) of this tuna interactions (i.e., the number of section will be combined through the fish landed, discarded dead, and dis- use of a decision formula described in carded alive) to the total weight of des- Amendment 7 to the 2006 Consolidated ignated target species landings (in HMS FMP. The decision formula will pounds). For the purposes of this sec- result in a designation for each vessel tion, the designated target species are of ‘‘qualified’’ or ‘‘not qualified.’’ swordfish; yellowfin, bigeye, albacore, (c) Annual notification. NMFS will no- and skipjack tunas; dolphin; wahoo; tify permitted vessel owners annually and porbeagle, shortfin mako, and of the score of their vessel (i.e., ‘‘quali- thresher sharks. A relatively low fied’’ or ‘‘not qualified’’) by certified bluefin tuna interaction to designated mail. The score applies for only one species ratio (‘bluefin tuna ratio’) indi- year. NMFS will make aggregate data cates that the vessel has successfully regarding access to gear restricted avoided catching bluefin tuna while areas available to the general public. fishing with pelagic longline gear in (d) Appeals. Permitted vessel owners the performance metric period. can appeal their performance score de- (2) Observer compliance performance terminations pursuant to the proce- metric. NMFS will score vessels based dures, timing, and other requirements on both the vessel owner’s and the op- at § 635.15(k)(4)(i), (ii), and (iv). Any ini- erator’s compliance with the observer tial administrative determination or requirements outlined in § 635.7 of this appeal would be evaluated based upon part and § 600.746 of this chapter. In ad- the following criteria: dition, the scoring system will consider (1) The accuracy of NMFS records re- the number of trips for which an indi- garding the relevant information; and vidual vessel was selected to carry an (2) Correct assignment of historical observer, the number of trips actually data to the vessel owner/permit holder. observed, the reason why a particular The current owner of a permitted ves- trip was not observed, and other rel- sel may also appeal on the basis of his- evant observer information. The scor- torical changes in vessel ownership or ing system is neutral with respect to permit transfers. Appeals based on valid reasons that a vessel may have hardship factors will not be considered. been selected by the observer program, [79 FR 71590, Dec. 2, 2014, as amended at 83 but did not take an observer (e.g., no FR 33154, July 17, 2018] observer was available or the vessel was not fishing with pelagic longline § 635.15 Individual bluefin tuna gear). The scoring system is designed quotas. to weigh trips that were not observed (a) General. This section establishes due to noncompliance with the commu- an IBQ Program for eligible Atlantic nication requirements more heavily Tunas Longline permit holders that than those not observed due to non- use pelagic longline gear under this compliance with the safety and accom- part and addresses Atlantic Tunas modation requirements. The scoring Purse Seine category leasing. system is also designed to consider evi- (1) Overview. Under the IBQ Program, dence of fishing activity that may have NMFS will assign eligible Atlantic

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Tunas Longline permit holders initial longline gear in either the Gulf of Mex- IBQ shares equivalent to a percentage ico or the Atlantic regions. PLL ATL of the annual Longline category quota. shares and resultant allocations can Purse Seine Category quota shares are only be used to fish with pelagic allocated separately pursuant to longline gear in the Atlantic region. § 635.27(a)(4). Purse Seine category annual alloca- (2) Electronic IBQ System. IBQ Pro- tions can only be used to fish in the At- gram participants, Atlantic Tunas lantic region, even if leased to a PLL Purse Seine category participants, and participant. For the purposes of this other permit holders eligible to lease section, the Gulf of Mexico region in- IBQ allocations under paragraph (c) of cludes all waters of the U.S. EEZ west this section, must have access to the and north of the boundary stipulated electronic IBQ system and set up an at 50 CFR 600.105(c) and the Atlantic IBQ account on that system as in- region includes all other waters of the structed by NMFS. Atlantic Ocean with the exception re- (b) IBQ allocation and usage. An ini- garding fishing taking place in the tial IBQ quota allocation is the amount Northeast Distant (NED) gear re- of bluefin tuna (whole weight) in met- stricted area defined at § 635.2 and is ric tons (mt) that a qualified IBQ share further described in paragraph (b)(8) of recipient (i.e., a share recipient who this section. has associated their permit with a ves- (3) Minimum IBQ allocation. For pur- sel) is allotted to account for inci- poses of this paragraph (b), calendar dental catch of bluefin tuna during a year quarters start on January 1, April specified calendar year. Unless other- 1, July 1, and October 1. wise required under paragraph (b)(5) of (i) First fishing trip in a calendar year this section, an Atlantic Tunas quarter. Before departing on the first Longline permitted vessel’s initial IBQ fishing trip in a calendar year quarter, allocation for a particular year is de- a vessel with an eligible Atlantic rived by multiplying its IBQ share (per- Tunas Longline category permit that centage) by the initial Longline cat- fishes with or has pelagic longline gear egory quota for that year. NMFS may onboard must have the minimum IBQ transfer additional quota to the allocation for either the Gulf of Mexico Longline category inseason as author- or Atlantic, depending on fishing loca- ized under § 635.27(a), and in accordance tion. The minimum IBQ allocation for with § 635.27(a)(8) and (9), and may dis- a vessel fishing in the Gulf of Mexico, tribute the transferred quota within or departing for a fishing trip in the the Longline category in accordance Gulf of Mexico, is 0.25 mt ww (551 lb with paragraph (b)(9) of this section. ww). The minimum IBQ allocation for (1) Annual calculation and notification a vessel fishing in the Atlantic or de- of IBQ allocations. Annually, as de- parting for a fishing trip in the Atlan- scribed in detail in paragraph (f) of this tic is 0.125 mt ww (276 lb ww). A vessel section, NMFS will notify IBQ share owner or operator may not declare into recipients of their IBQ allocation for or depart on the first fishing trip in a the next calendar year. IBQ allocations calendar year quarter with pelagic expire at the end of each calendar year. longline gear onboard unless it has the (2) Regional designations. As described relevant required minimum IBQ alloca- further under paragraph (k)(3) of this tion for the region in which the fishing section, all IBQ shares and resultant activity will occur. allocations are designated as either (ii) Subsequent fishing trips in a cal- ‘‘Gulf of Mexico’’ or ‘‘Atlantic’’ based endar year quarter. Subsequent to the upon the geographic location of sets as first fishing trip in a calendar year reported to NMFS under the require- quarter, a vessel owner or operator ments of § 635.5. Regional percentages may declare into or depart on other determine the share and allocation fishing trips with pelagic longline gear within the two pelagic longline (PLL) onboard with less than the relevant share categories: Gulf of Mexico (PLL minimum IBQ allocation for the region GOM) and Atlantic (PLL ATL). PLL in which the fishing activity will GOM shares and resultant allocations occur, but only within that same cal- can be used to fish with pelagic endar year quarter.

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(4) Accounting for bluefin tuna caught. vessel, the permitted vessel is consid- (i) With the exception of vessels fishing ered to have a ‘‘quota debt’’ equal to in the NED, in compliance with the re- the difference between the catch and quirements of paragraph (b)(8) of this the allocation. For example, if a vessel section, all bluefin tuna catch (dead has an allocation of 0.40 mt (882 lb), and discards and landings) must be de- catches 0.50 mt (1,102 lb) of bluefin tuna ducted from the vessel’s IBQ allocation on a trip, that vessel would have a at the end of each pelagic longline trip. quota debt of 0.10 mt (220 lb). (ii) If the amount of bluefin tuna (i) Quarter level quota debt. A vessel catch on a particular trip exceeds the with quota debt incurred in a given cal- amount of the vessel’s IBQ allocation endar year quarter cannot depart on a or results in an IBQ balance less than trip with pelagic longline gear onboard the minimum amount described in in a subsequent calendar year quarter paragraph (b)(3) of this section, the until the vessel leases allocation or re- vessel may continue to fish, complete ceives additional allocation (see para- the trip, and depart on subsequent trips graphs (c) and (b)(9) of this section), within the same calendar year quarter. and applies allocation for the appro- The vessel must resolve any quota debt priate region to settle the quota debt (see paragraph (b)(5) of this section) be- such that the vessel has the relevant fore declaring into or departing on a minimum quota allocation required to fishing trip with pelagic longline gear fish for the region in which the fishing onboard in a subsequent calendar year activity will occur (see paragraph (b)(3) quarter by acquiring adequate IBQ al- of this section). For example, a vessel location to resolve the debt and ac- with quota debt incurred during Janu- quire the needed minimum allocation ary through March may not depart on through leasing, as described in para- a trip with pelagic longline gear on- graph (c) of this section. board during April through June (or (iii) IBQ Program participants, At- subsequent quarters) until the quota lantic Tunas Purse Seine category par- debt has been resolved such that the ticipants, and dealers must comply vessel has the relevant minimum quota with reporting requirements at allocation required to fish for the re- § 635.5(b)(2)(i)(A). The vessel owner or operator of a vessel that caught bluefin gion in which the fishing activity will tuna must enter dead discard informa- occur. tion from the trip simultaneously with (ii) Annual level quota debt. If, by the the dealer entering that trip’s landings end of the fishing year, a permit holder information into the electronic IBQ does not have adequate allocation to system (pursuant to § 635.5(b)(2)(i)(A)). settle its vessel’s quota debt through The vessel owner or operator must also leasing or additional allocation (see confirm the accuracy of the dealer re- paragraphs (c) and (b)(9) of this sec- ported data at the time of entry in the tion), the vessel’s allocation will be re- electronic IBQ System. No IBQ trans- duced in the amount equal to the quota actions will be processed between 6 debt in the subsequent year or years p.m. eastern time on December 31 and until the quota debt is fully accounted 2 p.m. Eastern Time on January 1 of for. A vessel may not depart on any pe- each year to provide NMFS time to lagic longline trips if it has out- reconcile IBQ accounts and update IBQ standing quota debt from a previous shares and allocations for the upcom- fishing year. ing fishing year. (iii) Association with permit. Quota (5) Exceeding an available allocation. debt is associated with the vessel’s per- This paragraph (b)(5) applies to a vessel mit, and remains associated with the with, or an permit holder of, an Atlan- permit if/when the permit is trans- tic Tunas Longline category permit or ferred or sold. At the end of the year, if an Atlantic Tunas Purse Seine cat- an owner with multiple permitted ves- egory permit unless otherwise speci- sels has a quota debt on one or more fied. If the amount of bluefin tuna vessels owned, the IBQ system will catch for a particular trip (as defined apply any remaining unused allocation at § 600.10 of this chapter) exceeds the associated with that owner’s other ves- amount of allocation available to the sels to resolve the quota debt.

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(6) Duration. IBQ allocation issued leased, the average amount of quota under this section is valid for the rel- debt, the annual amount of IBQ alloca- evant fishing year unless it is revoked, tion, any previous inseason allocations suspended, or modified or unless the of IBQ, the amount of BFT quota in the Atlantic Tunas Longline category Reserve category (at § 635.27(a)(7)(i)), quota is closed per § 635.28(a). the percentage of BFT quota harvested (7) Unused IBQ allocation. Any IBQ al- by the other quota categories, the re- location that is unused at the end of maining number of days in the year, the fishing year may not be carried for- the number of active vessels fishing ward by a permit-holder to the fol- not associated with IBQ share, and the lowing year, but would remain associ- number of vessels that have incurred ated with the Longline category as a quota debt or that have low levels of whole, and subject to the quota regula- IBQ allocation. NMFS will determine if tions under § 635.27, including annual a vessel has any recent fishing activity quota adjustments. based upon the best available informa- (8) The IBQ Program and the Northeast tion for the subject and previous year, Distant Area (NED). The following re- such as logbook, vessel monitoring sys- strictions apply to vessels fishing with tem, or electronic monitoring data. pelagic longline gear in the NED: Any distribution of quota transferred (i) When NED bluefin quota is avail- inseason will be equal among selected able. Permitted vessels fishing with pe- recipients; when inseason distribution lagic longline gear may fish in the is only to Atlantic Tunas Longline per- NED, and any bluefin catch will count mit holders with IBQ shares, it will toward the ICCAT-allocated separate therefore not be based on the initial NED quota until the NED quota has IBQ share determination as specified in been filled. Permitted vessels fishing in paragraph (k)(2) of this section. the NED must still fish in accordance (i) Regional designations described in with the relevant minimum IBQ alloca- paragraph (b)(2) of this section will be tion requirements specified under para- applied to inseason quota distributed graph (b)(3) of this section to depart on to IBQ share recipients. a trip using pelagic longline gear. (ii) For permitted Atlantic Tunas (ii) When NED bluefin quota is filled. Longline vessels with recent fishing ac- Permitted vessels fishing with pelagic tivity that are not qualified IBQ share longline gear may fish in the NED after recipients, regional designations of At- the ICCAT-allocated separate NED lantic (ATL) or Gulf of Mexico (GOM) quota has been filled but the permitted will be applied to the distributed quota vessels must abide by all the require- based on best available information re- ments of the IBQ program. Bluefin garding geographic location of sets as catch will be accounted for using the reported to NMFS during the period of vessel’s IBQ allocation, as described fishing activity analyzed above in this under paragraphs (b)(2) and (k)(3) of paragraph, with the designation based this section. on where the majority of that activity (9) Distribution of additional Longline occurred. category quota transferred inseason. (c) IBQ Allocation Leasing—(1) Eligi- NMFS may distribute the quota that is bility. The permit holders of vessels transferred inseason to the Longline issued valid Atlantic Tunas Longline category either to all IBQ share recipi- permits and participants in the Atlan- ents as described under paragraph tic Tunas Purse Seine category are eli- (k)(1) of this section or to permitted gible to lease IBQ allocation to and/or Atlantic Tunas Longline vessels that from each other. A person who holds an are determined by NMFS to have any Atlantic Tunas Longline permit that is recent fishing activity based on par- not associated with a vessel may not ticipation in the pelagic longline fish- lease IBQ allocation. ery. In making this determination, (2) Application to lease—(i) Application NMFS will consider factors for the sub- information requirements. All IBQ alloca- ject and previous year such as the tion leases must occur electronically number of BFT landings and dead dis- through the electronic IBQ system, and cards, the number of IBQ lease trans- include all information required by actions, the average amount of IBQ NMFS.

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(ii) Approval of lease application. Un- shares and allocations for the upcom- less NMFS denies an application to ing fishing year. lease IBQ allocation according to para- (v) Related restrictions. Other regula- graph (c)(2)(iii) of this section, the tions specific to the Atlantic Tunas electronic IBQ system will provide an Purse Seine category are set forth at approval code to the IBQ lessee con- § 635.27(a)(4)(v). firming the transaction. (d) Sale of IBQ shares. Sale of IBQ (iii) Denial of lease application. NMFS shares currently not permitted. may deny an application to lease IBQ (e) Changes in vessel and permit owner- allocation for any of the following rea- ship. In accordance with the regula- sons, including, but not limited to: The tions specified under § 635.4(l), a vessel application is incomplete; the IBQ les- owner that has an IBQ share may sor or IBQ lessee is not eligible to lease transfer the Atlantic Tunas Longline per paragraph (c)(1) of this section; the category permit to another vessel that IBQ lessor or IBQ lessee permits is he or she owns or transfer the permit sanctioned pursuant to an enforcement to another person. The IBQ share as de- proceeding; or the IBQ lessor has an in- scribed under this section would trans- sufficient IBQ allocation available to fer with the permit to the new vessel, lease (i.e., the requested amount of and remain associated with that per- lease may not exceed the amount of mit. Within a fishing year, when an At- IBQ allocation associated with the les- lantic Tunas Longline permit transfer sor). As the electronic IBQ system is occurs (from one vessel to another), the automated, if any of the criteria above associated IBQ shares are transferred are applicable, the lease transaction with the permit, however IBQ alloca- will not be allowed to proceed. The de- cision by NMFS is the final agency de- tion is not, unless the IBQ allocation is cision; there is no opportunity for an also transferred through a separate administrative appeal. transaction within the electronic IBQ (3) Conditions and restrictions of leased system. As described under paragraphs IBQ allocation—(i) Subleasing. In a fish- (c)(1) and (k)(1) of this section, a person ing year, an IBQ allocation may be or entity that holds an Atlantic Tunas leased numerous times following the Longline permit that is not associated process specified in paragraph (c)(2) of with a vessel may not receive or lease this section. IBQ allocation. (ii) History of leased IBQ allocation (f) Annual notification of shares and al- use. The fishing history associated with locations. On January 1 of each year, the catch of bluefin tuna will be associ- NMFS will notify eligible IBQ Partici- ated with the vessel that caught the pants, as specified in paragraph (k)(1) bluefin tuna regardless of how the ves- of this section, of their IBQ share and sel acquired the IBQ allocation (e.g., the resulting IBQ allocation (mt) for through initial allocation or lease), for the relevant fishing year, as well as the the purpose of calculation of the per- regional designations based on the formance metrics described under available Atlantic Tunas Longline cat- § 635.14(b), or other relevant restric- egory quota, and any existing quota tions based upon bluefin catch. debt. NMFS will provide this informa- (iii) Duration of IBQ allocation lease. tion through the electronic IBQ system IBQ allocations expire at the end of and via annual permit holder letters. each calendar year. Thus, an IBQ lessee Unless specified otherwise, those IBQ may only use the leased IBQ allocation shares and resultant allocations will be during the fishing year in which the available for use at the start of each IBQ allocation is applicable. fishing year. Permit holders (of eligible (iv) Temporary prohibition of leasing Atlantic Tunas Longline category per- IBQ allocation. No leasing of IBQ allo- mits) that have not completed the cation is permitted between 6 p.m. process of permit renewal or permit eastern time on December 31 of one transfer as of December 31 will be year and 2 p.m. eastern time on Janu- issued IBQ allocation upon completion ary 1 of the next year. This period is of the permit renewal or permit trans- necessary to provide NMFS time to fer, provided the eligible permit is as- reconcile IBQ accounts, and update IBQ sociated with a vessel.

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(g) Evaluation. NMFS will contin- sociated with a vessel as of August 21, ually monitor the IBQ Program with 2013, and that was determined to be respect to the objectives listed in the ‘‘active’’ would be eligible to receive an FEIS and make any changes through initial IBQ share. ‘‘Active’’ vessels are future rulemakings as deemed nec- those vessels that have used pelagic essary to meet those objectives. Three longline gear on at least one set be- years after full implementation, NMFS tween 2006 and 2012 as reported to will publish a written report describing NMFS on logbooks, per the require- any findings. ments of § 635.5. In determining a per- (h) Property rights. IBQ shares and re- mitted vessel’s initial IBQ share eligi- sultant allocations issued pursuant to bility and calculating the initial IBQ this part may be revoked, limited, share, NMFS used the data associated modified or suspended at any time sub- with the qualifying vessel’s history ject to the requirements of the Magnu- (and not the permit). Therefore, for the son-Stevens Act, ATCA, or other appli- purposes of this section, the vessel cable law. Such IBQ shares and result- owner at the time of reporting is not ant allocations do not confer any right relevant. If the logbook reports indi- to compensation and do not create any cate that a particular vessel used pe- right, title, or interest in any bluefin lagic longline gear for at least one set tuna until it is landed or discarded between 2006 and 2012, and the vessel dead. was issued a valid Atlantic Tunas (i) Enforcement and monitoring. NMFS Longline category permit as of August will enforce and monitor the IBQ Pro- 21, 2013, the current permit holder is gram through the use of the reporting qualified to receive an initial IBQ and record keeping requirements de- share. scribed under § 635.5, the monitoring re- (ii) Except as described in paragraph quirements under §§ 635.9 and 635.69, and (k)(4) of this section regarding appeals, its authority to close the pelagic if the logbook reports indicate that a longline fishery specified under § 635.28. particular vessel did not use pelagic (j) Cost recovery. In a future action, longline gear for at least one set be- NMFS will develop and implement cost tween 2006 and 2012, and/or the vessel recovery for the IBQ program that will was not issued a valid Atlantic Tunas cover costs of management, data col- Longline category permit on August 21, lection and analysis, and enforcement 2013, the current permit holder is not activities. Fees shall be collected from eligible to receive an initial IBQ share quota share and/or allocation holders even if the current permit holder fished for the IBQ program pursuant to Mag- with pelagic longline gear on a dif- nuson-Stevens Act sections 303A(e) and ferent vessel between 2006 and 2012. 304(d)(2). Such fees shall not exceed 3 Persons that held an Atlantic Tunas percent of the ex-vessel value of fish Longline category permit that was not harvested under the program. associated with a vessel as of August (k) Initial IBQ shares. During year 21, 2013 are not eligible for an initial one of implementation of the IBQ Pro- IBQ share. Atlantic Tunas Longline gram described in this section, NMFS category permits holders that are ineli- will issue IBQ shares to eligible Atlan- gible to receive an initial IBQ share tic Tunas Longline category LAP hold- would need to lease IBQ allocation per ers, as specified in paragraph (k)(1) of paragraph (c) of this section, as well as this section. New entrants to the pe- meet all other applicable requirements, lagic longline fishery would need to ob- before the vessel could fish with or pos- tain an Atlantic Tunas Longline cat- sess pelagic longline gear onboard. egory LAP, as well as other required (2) IBQ share determination (i) Initial LAPs, as described under § 635.4(l), and IBQ shares. NMFS has reviewed each would need to lease IBQ allocations per permitted vessel’s reported bluefin paragraph (c) of this section if the tuna interactions (all discards and LAPs acquired did not qualify for an landings) and landings of designated initial IBQ share. species (swordfish, yellowfin, bigeye, (1) Eligible IBQ share Recipients. (i) albacore, and skipjack tunas; dolphin; Atlantic Tunas Longline category per- wahoo; and porbeagle, shortfin mako mit holders whose valid permit was as- and thresher sharks) and placed each

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permitted vessel into one of three tiers: quest must be postmarked no later Low, medium and high based on the than March 2, 2015, be in writing, and ratio of bluefin tuna interactions. The indicate the reason for the request, and IBQ share will be assigned based on the contain documentation supporting the three tiers. request (see paragraphs (k)(4)(iii) and (ii) Appeals to initial IBQ shares. (iv) of this section). The HMS Manage- When NMFS determines that all ap- ment Division will evaluate the request peals pursuant to paragraph (k)(4) of and supporting documentation, and no- this section have been resolved, NMFS tify the appellant by a written IAD re- may adjust the initial IBQ share per- garding a decision to approve or deny centages described under paragraph the request. The IAD will explain the (k)(2)(i) as necessary to accommodate basis for any denial decision. those appellants that have been (ii) Appeal of IAD. Within 90 days deemed eligible for an initial IBQ share after the date of issuance of the IAD, or are provided an increased IBQ share. the permit holder may appeal the IAD (3) Regional designations. All initial to the NMFS National Appeals Office, IBQ shares and resultant allocations pursuant to procedures at 15 CFR part are designated as either ‘‘Gulf of Mex- 906. ico’’ or ‘‘Atlantic’’ based upon the geo- (iii) Items subject to IAD and appeal. graphic location of sets as reported to The only items subject to an IAD or NMFS under the requirements of appeal are: Initial IBQ share eligibility § 635.5. Eligible permit holders may use based on ownership of an active vessel Gulf of Mexico IBQ shares and result- with a valid Atlantic Tunas Longline ant allocations to fish in either the category LAP combined with the re- Gulf of Mexico or the Atlantic regions. Eligible permit holders may use Atlan- quired shark and swordfish LAPs; the tic IBQ shares and resultant alloca- accuracy of NMFS records regarding tions only to fish in the Atlantic re- that vessel’s amount of designated spe- gion. If a permitted vessel had fishing cies landings and/or bluefin inter- history in both the Gulf of Mexico and actions; and correct assignment of tar- Atlantic, it may receive both the Gulf get species landings and bluefin inter- of Mexico and Atlantic IBQ shares, de- actions to the vessel owner/permit pending upon the amount of IBQ share holder. As described under paragraph and the proportion of fishing history in (k)(1) of this section, the IBQ share for- the two areas. Based on the procedures mulas are based upon historical data described under paragraphs (k)(1) and associated with a permitted vessel. Be- (2) of this section, if a permit holder cause vessels may have changed owner- would be issued a regional IBQ share ship or permits may have been trans- that results in a regional allocation ferred during 2006 through 2012, the cur- less than a minimum amount for a par- rent owner of a permitted vessel may ticular area (i.e., less than 0.125 mt for also appeal on the basis of historical the Atlantic or less than 0.25 mt for the changes in vessel ownership or permit Gulf of Mexico), the de minimis re- transfers. Appeals based on hardship gional IBQ share and resultant alloca- factors (e.g., illness of vessel owner, di- tion would be designated to the other vorce, etc.) will not be considered. regional designation. (iv) Supporting documentation for IAD (4) Appeals of initial IBQ share. Atlan- or appeal. NMFS will consider official tic Tunas Longline Permit holders may NMFS logbook records or weighout appeal their initial IBQ shares through slips for landings between January 1, the two-step process described below. 2006, through December 31, 2012, that NMFS will provide further explanation were submitted to NMFS prior to on how to submit an appeal when it in- March 2, 2013 (60 days after the cutoff forms permit holders of their initial date for eligible landings) and IBQ shares. verifiable sales slips, receipts from reg- (i) Initial administrative determination istered dealers, state landings records, (IAD). The HMS Management Division and permit records as supporting docu- will evaluate requests from Atlantic mentation for a request or appeal Tunas Longline Permit holders regard- under paragraph (k)(4) of this section. ing their initial IBQ shares. Any re- NMFS will count only those designated

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species landings that were landed le- tunas other than bluefin tuna, primary gally when the owner had a valid per- gear authorized for any Atlantic Tunas mit. No other proof of catch history or permit category may be used, except species interactions will be considered, that purse seine gear may be used only except for NMFS logbook records, ob- on board vessels permitted in the Purse server data, or other NMFS data. Seine category and pelagic longline NMFS permit records will be the sole gear may be used only on board vessels basis for determining permit transfers. issued an Atlantic Tunas Longline cat- Copies of documents may be submitted, egory tuna permit, a LAP other than provided they are of equal legibility handgear for swordfish, and a LAP for and quality as the originals, and such sharks. A person issued an HMS Com- copies shall have the same force and ef- mercial Caribbean Small Boat permit fect as if they were originals. NMFS who fishes for, retains, or possesses may request the originals at a later BAYS tunas in the U.S. Caribbean, as date. NMFS may refer any submitted defined at § 622.2 of this chapter, may materials that are of questionable au- have on board and use handline, har- thenticity to the NMFS Office of En- poon, rod and reel, bandit gear, green- forcement for investigation. stick gear, and buoy gear. [79 FR 71591, Dec. 2, 2014, as amended at 81 (1) Angling. Speargun (for BAYS FR 95909, Dec. 29, 2016; 82 FR 61497, Dec. 28, tunas only), and rod and reel (including 2017; 83 FR 33154, July 17, 2018] downriggers) and handline (for all tunas). § 635.16 [Reserved] (2) Charter/headboat. Rod and reel (in- cluding downriggers), bandit gear, Subpart C—Management handline, and green-stick gear are au- Measures thorized for all recreational and com- mercial Atlantic tuna fisheries. § 635.19 Authorized gears. Speargun is authorized for recreational (a) General. No person may fish for, Atlantic BAYS tuna fisheries only. catch, possess, or retain any Atlantic (3) General. Rod and reel (including HMS with gears other than the pri- downriggers), handline, harpoon, ban- mary gears specifically authorized in dit gear, and green-stick. this part. Consistent with § 635.21(a), (4) Harpoon. Harpoon. secondary gears may be used at boat (5) Longline. Longline and green- side to aid and assist in subduing, or stick. bringing on board a vessel, Atlantic (6) Purse seine. Purse seine. HMS that have first been caught or (7) Trap. Pound net and fish weir. captured using primary gears. For pur- (c) Billfish. (1) Only persons who have poses of this part, secondary gears in- been issued a valid HMS Angling or clude, but are not limited to, dart har- valid Charter/Headboat permit, or who poons, gaffs, flying gaffs, tail ropes, have been issued a valid Atlantic etc. Secondary gears may not be used Tunas General category or Swordfish to capture, or attempt to capture, free- General Commercial permit and are swimming or undersized HMS. Except participating in a tournament as pro- for vessels permitted under § 635.4(o) or vided in § 635.4(c), may possess a blue as specified in this section, a vessel marlin, white marlin, or roundscale using or having onboard in the Atlan- spearfish in, or take a blue marlin, tic Ocean any unauthorized gear may white marlin, or roundscale spearfish not possess an Atlantic HMS on board. from, its management unit. Blue mar- (b) Atlantic tunas. A person that lin, white marlin, or roundscale spear- fishes for, retains, or possesses an At- fish may only be harvested by rod and lantic bluefin tuna may not have on reel. board a vessel or use on board a vessel (2) Only persons who have been issued any primary gear other than those au- a valid HMS Angling or valid Charter/ thorized for the category for which the Headboat permit, or who have been Atlantic tunas or HMS permit has been issued a valid Atlantic Tunas General issued for such vessel. Primary gears category or Swordfish General Com- are the gears specifically authorized in mercial permit and are participating in this section. When fishing for Atlantic a tournament as provided in § 635.4(c),

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may possess or take a sailfish shore- from, a vessel fishing with or having on ward of the outer boundary of the At- board a gillnet. lantic EEZ. Sailfish may only be har- (3) A person aboard a vessel issued or vested by rod and reel. required to be issued a valid directed (d) Sharks. (1) No person may possess handgear LAP for Atlantic swordfish a shark without a permit issued under or an HMS Commercial Caribbean § 635.4. Small Boat permit may not fish for (2) No person issued a Federal Atlan- swordfish with any gear other than tic commercial shark permit under handgear. A swordfish will be deemed § 635.4 may possess a shark taken by to have been harvested by longline any gear other than rod and reel, when the fish is on board or offloaded handline, bandit gear, longline, or from a vessel fishing with or having on gillnet, except that smoothhound board longline gear. Only vessels that sharks may be retained incidentally have been issued a valid directed or while fishing with trawl gear subject to handgear swordfish LAP or an HMS the restrictions specified in Commercial Caribbean Small Boat per- § 635.24(a)(7). mit under this part may utilize or pos- (3) No person issued an HMS Com- sess buoy gear. mercial Caribbean Small Boat permit (4) Except for persons aboard a vessel may possess a shark taken from the that has been issued a directed, inci- U.S. Caribbean, as defined at § 622.2 of dental, or handgear swordfish LAP, a this chapter, by any gear other than Swordfish General Commercial permit, with rod and reel, handline or bandit an Incidental HMS squid trawl permit, gear. or an HMS Commercial Caribbean (4) Persons on a vessel issued a per- Small Boat permit under § 635.4, no per- mit with a shark endorsement under son may fish for North Atlantic sword- § 635.4 may possess a shark only if the fish with, or possess a North Atlantic shark was taken by rod and reel or swordfish taken by, any gear other handline, except that persons on a ves- than handline or rod and reel. sel issued both an HMS Charter/ (5) A person aboard a vessel issued or Headboat permit with a commercial required to be issued a valid Swordfish sale endorsement (with or without a General Commercial permit may only shark endorsement) and a Federal At- possess North Atlantic swordfish taken lantic commercial shark permit may from its management unit by rod and possess sharks taken by rod and reel, reel, handline, bandit gear, green-stick, handline, bandit gear, longline, or or harpoon gear. gillnet if the vessel is engaged in a non [79 FR 71594, Dec. 2, 2014, as amended at 80 for-hire fishing trip and the commer- FR 73144, Nov. 24, 2015; 82 FR 16506, Apr. 4, cial shark fishery is open pursuant to 2017; 82 FR 57549, Dec. 6, 2017; 83 FR 33154, § 635.28(b). July 17, 2018] (e) Swordfish. (1) No person may pos- sess north Atlantic swordfish taken § 635.20 Size limits. from its management unit by any gear (a) General. The CFL will be the sole other than handgear, green-stick, or criterion for determining the size and/ longline, except that such swordfish or size class of whole (head on) Atlan- taken incidentally while fishing with a tic tunas. squid trawl may be retained by a vessel (b) BFT size classes. If the head of a issued a valid Incidental HMS squid BFT is no longer attached, the size trawl permit, subject to restrictions class of the BFT shall be determined specified in § 635.24(b)(2). No person may using pectoral fin curved fork length possess south Atlantic swordfish taken (PFCFL) multiplied by a conversion from its management unit by any gear factor of 1.35. The CFL, as determined other than longline. by conversion of the PFCFL, will be (2) An Atlantic swordfish may not be the sole criterion for determining the retained or possessed on board a vessel size class of a beheaded BFT. The con- with a gillnet. A swordfish will be version factor may be adjusted after deemed to have been harvested by consideration of additional scientific gillnet when it is onboard, or offloaded information and fish measurement

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data, and will be made effective by fil- days after the date of publication. The ing notification of the adjustment with adjusted minimum size limits will re- the Office of the Federal Register for main in effect through the end of the publication. applicable fishing year or until other- (c) BFT, bigeye tuna, and yellowfin wise adjusted. tuna. (1) No person shall take, retain, (e) Sharks. The following size limits or possess a BFT, bigeye tuna, or yel- change depending on the species being lowfin tuna in the Atlantic Ocean that caught and the retention limit under is less than 27 inches (69 cm) CFL; which they are being caught as speci- (2) Applying the conversion factor fied under § 635.22(c). from PFCFL to CFL for a beheaded (1) All sharks landed under the rec- BFT in § 635.20(b) means that no person reational retention limits specified at shall retain or possess a BFT, with the § 635.22(c) must have the head, tail, and head removed, that is less than 20 fins naturally attached. inches (51 cm) PFCFL. (2) All sharks, except those specified (3) No person shall remove the head at § 635.20(e)(4), landed under the rec- of a bigeye tuna or yellowfin tuna if reational retention limits specified at the remaining portion would be less § 635.22(c)(2) must be at least 54 inches than 27 inches (69 cm) from the fork of (137 cm) FL. the tail to the forward edge of the cut. (3) There is no size limit for Atlantic (d) Billfish. (1) No person shall take, sharpnose or bonnethead sharks taken retain or possess a blue marlin taken under the recreational retention limits from its management unit that is less specified at § 635.22(c)(3). than 99 inches (251 cm), LJFL. (4) All hammerhead sharks landed (2) No person shall take, retain or under the recreational retention limits possess a white marlin taken from its specified at § 635.22(c)(2) must be at management unit that is less than 66 least 78 inches (198.1 cm) FL. inches (168 cm), LJFL. (5) There is no size limit for (3) No person shall take, retain or smoothhound sharks taken under the possess shoreward of the outer bound- recreational retention limits specified ary of the EEZ a sailfish taken from its at § 635.22(c)(6). management unit that is less than 63 (6) All sharks, except as otherwise inches (160 cm), LJFL. specified in this subsection below, (4) No person shall take, retain or landed under the recreational retention possess a roundscale spearfish taken limits specified at § 635.22(c)(2) must be from its management unit that is less at least 54 inches (137 cm) FL. than 66 inches (168 cm), LJFL. (7) All North Atlantic shortfin mako (5) The Atlantic blue marlin, white sharks landed under the recreational marlin, and roundscale spearfish min- retention limits specified at imum size limits, specified in para- § 635.22(c)(2) must be at least 83 inches graphs (d)(1) and (d)(2) of this section, (210 cm) fork length. may be adjusted to sizes between 117 (f) Swordfish. (1) For a swordfish that and 138 inches (297.2 and 350.5 cm) for has its head naturally attached, the blue marlin and 70 and 79 inches (177.8 LJFL is the sole criterion for deter- and 200.7 cm) for white marlin and mining the size of a swordfish. No per- roundscale spearfish, to achieve, but son shall take, retain, possess, or land not exceed, the annual Atlantic marlin a whole (head on) North or South At- landing limit specified in § 635.27(d). lantic swordfish taken from its man- Minimum size limit increases will be agement unit that is not equal to or based upon a review of landings, the pe- greater than 47 inches (119 cm) LJFL. riod of time remaining in the current A swordfish with the head naturally at- fishing year, current and historical tached that is damaged by shark bites landing trends, and any other relevant may be retained only if the length of factors. NMFS will adjust the min- the remainder of the fish is equal to or imum size limits specified in this sec- greater than 47 inches (119 cm) LJFL. tion by filing an adjustment with the (2) If the head of a swordfish is no Office of the Federal Register for publi- longer naturally attached, the CK cation. In no case shall the adjust- measurement is the sole criterion for ments be effective less than 14 calendar determining the size of a swordfish. No

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person shall take, retain, possess, or management unit that is not retained land a dressed North or South Atlantic must be released in a manner that will swordfish taken from its management ensure maximum probability of sur- unit that is not equal to or greater vival, but without removing the fish than 25 inches (63 cm) CK length. A from the water. swordfish that is damaged by shark (2) If a billfish is caught by a hook bites may be retained only if the and not retained, the fish must be re- length of the remainder of the carcass leased by cutting the line near the is equal to or greater than 25 inches (63 hook or by using a dehooking device, in cm) CK length. either case without removing the fish (3) No person shall import into the from the water. United States an Atlantic swordfish (3) Restricted gear and closed areas for weighing less than 33 lb (15 kg) dressed all Atlantic HMS fishing gears. (i) No weight, or a part derived from a sword- person may fish for, catch, possess, or fish that weighs less than 33 lb (15 kg) retain any Atlantic HMS or anchor a dressed weight. fishing vessel that has been issued a (4) Except for a swordfish landed in a permit or is required to be permitted Pacific state and remaining in that Pa- under this part, in the areas and sea- cific state of landing, a swordfish, or sons designated at § 622.34(a)(3) of this part thereof, not meeting the minimum chapter, and in the Tortugas marine size measurements specified in reserves HAPC designated at § 622.74(c) § 635.20(f)(1) or (2) will be deemed to be of this chapter. an Atlantic swordfish harvested by a (ii) From November through April of vessel of the United States and to be in each year, no vessel issued, or required violation of the minimum size require- to be issued, a permit under this part ment of this section unless such sword- may fish or deploy any type of fishing fish, or part thereof, is accompanied by gear in the Madison-Swanson closed a swordfish statistical document at- area or the Steamboat Lumps closed testing that the swordfish was lawfully area, as defined in § 635.2. imported. Refer to § 300.186 of this title (iii) From May through October of for the requirements related to the each year, no vessel issued, or required swordfish statistical document. to be issued, a permit under this part (5) A swordfish, or part thereof, will may fish or deploy any type of fishing be monitored for compliance with the gear in the Madison-Swanson or the minimum size requirement of this sec- Steamboat Lumps closed areas except tion from the time it is landed in, or for surface trolling. For the purposes of imported into, the United States up to, this section, surface trolling is defined and including, the point of first trans- as fishing with lines trailing behind a action in the United States. vessel which is in constant motion at [64 FR 29135, May 28, 1999, as amended at 64 speeds in excess of four knots with a FR 37704, July 13, 1999; 66 FR 42804, Aug. 15, visible wake. Such trolling may not in- 2001; 68 FR 714, Jan. 7, 2003; 68 FR 74785, Dec. volve the use of down riggers, wire 24, 2003; 69 FR 67284, Nov. 17, 2004; 71 FR 58167, lines, planers, or similar devices. Oct. 2, 2006; 74 FR 66587, Dec. 19, 2009; 75 FR (iv) From January through April of 30525, June 1, 2010; 75 FR 57701, Sept. 22, 2010; each year, no vessel issued, or required 76 FR 70066, Nov. 10, 2011; 77 FR 45280, July 31, to be issued, a permit under this part 2012; 78 FR 40346, July 3, 2013; 80 FR 73145, Nov. 24, 2015; 83 FR 33154, July 17, 2018] may fish or deploy any type of fishing gear in the Edges 40 Fathom Contour EFFECTIVE DATE NOTE: At 83 FR 8949, Mar. closed area, as defined in § 635.2. 2, 2018, § 635.20 was amended by suspending (4) Any person issued a commercial paragraph (e)(2) and by adding paragraphs (e)(6) and (7), effective Mar. 2, 2018 through shark permit must release all shortfin Aug. 29, 2018. At 83 FR 42452, Aug. 22, 2018, mako sharks, alive or dead, caught on the effective date for these amendments was any gear other than pelagic longline extended to Mar. 3, 2019. gear. (b) Longline—general restrictions. (1) § 635.21 Gear operation and deploy- All vessels that have pelagic or bottom ment restrictions. longline gear onboard and that have (a) All Atlantic HMS fishing gears. (1) been issued, or are required to have, a An Atlantic HMS harvested from its swordfish, shark, or Atlantic Tunas

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Longline category LAP for use in the and has bottom longline gear onboard, Atlantic Ocean including the Carib- the vessel may not, at any time, pos- bean Sea and the Gulf of Mexico must sess or land any pelagic species listed possess inside the wheelhouse the docu- in table 2 of appendix A to this part in ment provided by NMFS entitled excess of 5 percent, by weight, of the ‘‘Careful Release Protocols for Sea total weight of pelagic and demersal Turtle Release with Minimal Injury,’’ species possessed or landed, that are and must also post inside the wheel- listed in tables 2 and 3 of appendix A to house the sea turtle handling and re- this part. lease guidelines provided by NMFS. (ii) Has pelagic longline gear on (2) Transiting and gear stowage: If a board, persons aboard that vessel may vessel issued a permit under this part not possess, retain, transship, land, is in a closed or gear restricted area de- sell, or store silky sharks, oceanic scribed in this section with pelagic or whitetip sharks, or scalloped, smooth, bottom longline gear on board, it is a or great hammerhead sharks. rebuttable presumption that any fish (iii) Has pelagic longline gear on on board such a vessel were taken with board, persons aboard that vessel are pelagic or bottom longline in the required to release unharmed, to the closed or gear restricted area except extent practicable, porbeagle sharks where such possession is aboard a ves- that are alive at the time of haulback. sel transiting a closed area with all (iv) Has pelagic longline gear on fishing gear stowed appropriately. board, persons aboard that vessel are Longline gear is stowed appropriately required to release unharmed, to the if all gangions and hooks are discon- extent practicable, any shortfin mako nected from the mainline and are shark that is alive at the time of stowed on or below deck, hooks are not haulback. Any shortfin mako shark baited, and all buoys and weights are that is dead at the time of haulback disconnected from the mainline and may be retained provided the elec- drum (buoys may remain on deck). tronic monitoring system is installed (3) When a marine mammal or sea and functioning in accordance with turtle is hooked or entangled by pe- § 635.9. lagic or bottom longline gear, the oper- (2) Except as noted in paragraph ator of the vessel must immediately re- (c)(3) of this section, if pelagic longline lease the animal, retrieve the pelagic gear is on board a vessel issued or re- or bottom longline gear, and move at quired to be issued a permit under this least 1 nm (2 km) from the location of part, persons aboard that vessel may the incident before resuming fishing. not fish or deploy any type of fishing Similarly, when a smalltooth sawfish gear: is hooked or entangled by bottom (i) In the Northeastern United States longline gear, the operator of the ves- closed area from June 1 through June sel must immediately release the ani- 30 each calendar year; mal, retrieve the bottom longline gear, and move at least 1 nm (2 km) from the (ii) In the Charleston Bump closed location of the incident before resum- area from February 1 through April 30 ing fishing. Reports of marine mammal each calendar year; entanglements must be submitted to (iii) In the East Florida Coast closed NMFS consistent with regulations in area at any time; § 229.6 of this title. (iv) In the Desoto Canyon closed area (4) Vessels that have pelagic or bot- at any time; tom longline gear on board and that (v) In the Cape Hatteras gear re- have been issued, or are required to stricted area from December 1 through have been issued, a permit under this April 30 each year; part must have only corrodible hooks (vi) In the Spring Gulf of Mexico gear on board. restricted area from April 1 through (c) Pelagic longlines. (1) If a vessel May 31 each year; issued or required to be issued a permit (vii) In the Northeast Distant gear under this part: restricted area at any time, unless per- (i) Is in a closed area designated sons onboard the vessel complies with under paragraph (c)(2) of this section the following:

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(A) The vessel is limited to pos- (E) Sea turtle bycatch mitigation sessing onboard and/or using only 18/0 gear, specified in paragraph or larger circle hooks with an offset (c)(2)(vii)(D) of this section, must be not to exceed 10 degrees. The outer di- used to disengage any hooked or entan- ameter of the circle hook at its widest gled sea turtles that cannot be brought point must be no smaller than 2.16 on board, and to facilitate access, safe inches (55 mm) when measured with handling, disentanglement, and hook the eye on the hook on the vertical removal or hook cutting from sea tur- axis (y-axis) and perpendicular to the tles that can be brought on board, horizontal axis (x-axis), and the dis- where feasible. Sea turtles must be tance between the circle hook point handled, and bycatch mitigation gear and the shank (i.e., the gap) must be no must be used, in accordance with the larger than 1.13 inches (28.8 mm). The careful release protocols and handling/ allowable offset is measured from the release guidelines specified in para- barbed end of the hook and is relative graph (c)(2)(vii)(C) of this section, and to the parallel plane of the eyed-end, or in accordance with the onboard han- shank, of the hook when laid on its dling and resuscitation requirements side. The only allowable offset circle specified in § 223.206(d)(1) of this title. hooks are those that are offset by the (F) Boated turtles: When practicable, hook manufacturer. If green-stick gear, active and comatose sea turtles must as defined at § 635.2, is onboard, a vessel be brought on board, with a minimum may possess up to 20 J-hooks. J-hooks of injury, using a dipnet approved on may be used only with green-stick the initial list specified in paragraph gear, and no more than 10 hooks may (c)(2)(vii)(D) of this section. All turtles be used at one time with each green- less than 3 ft. (.91 m) carapace length stick gear. J-hooks used with green- should be boated, if sea conditions per- stick gear may be no smaller than 1.5 mit. A boated turtle should be placed inch (38.1 mm) when measured in a on a standard automobile tire, or cush- straight line over the longest distance ioned surface, in an upright orientation to immobilize it and facilitate gear re- from the eye to any other part of the moval. Then, it should be determined if hook; and, the hook can be removed without caus- (B) The vessel is limited, at all times, ing further injury. All externally em- to possessing onboard and/or using only bedded hooks should be removed, un- whole Atlantic mackerel and/or squid less hook removal would result in fur- bait, except that artificial bait may be ther injury to the turtle. No attempt to possessed and used only with green- remove a hook should be made if the stick gear, as defined at § 635.2, if hook has been swallowed and the inser- green-stick gear is onboard; and, tion point is not visible, or if it is de- (C) Vessels must possess, inside the termined that removal would result in wheelhouse, a document provided by further injury. If a hook cannot be re- NMFS entitled, ‘‘Careful Release Pro- moved, as much line as possible should tocols for Sea Turtle Release with be removed from the turtle using ap- Minimal Injury,’’ and must post, inside proved monofilament line cutters from the wheelhouse, sea turtle handling the initial list specified in paragraph and release guidelines provided by (c)(2)(vii)(D) of this section, and the NMFS; and, hook should be cut as close as possible (D) Required sea turtle bycatch miti- to the insertion point, using bolt cut- gation gear, which NMFS has approved ters from that list, before releasing the under paragraph (c)(5)(iv) of this sec- turtle. If a hook can be removed, an ef- tion, on the initial list of ‘‘NMFS-Ap- fective technique may be to cut off ei- proved Models For Equipment Needed ther the barb, or the eye, of the hook For The Careful Release of Sea Turtles using bolt cutters, and then to slide Caught In Hook And Line Fisheries,’’ the hook out. When the hook is visible must be carried onboard, and must be in the front of the mouth, an approved used in accordance with the handling mouth-opener from the initial list requirements specified in paragraphs specified in paragraph (c)(2)(vii)(D) of (c)(2)(vii)(E) through (G) of this sec- this section may facilitate opening the tion; and, turtle’s mouth, and an approved gag

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from that list may facilitate keeping causing further injury, as much gear as the mouth open. Short-handled possible must be removed from the tur- dehookers for ingested hooks, long- tle prior to its release. Refer to the nose pliers, or needle-nose pliers from careful release protocols and handling/ the initial list specified in paragraph release guidelines required in para- (c)(2)(vii)(D) of this section should be graph (c)(2)(vii)(C) of this section, and used to remove visible hooks that have the handling and resuscitation require- not been swallowed from the mouth of ments specified in § 223.206(d)(1) of this boated turtles, as appropriate. As much title, for additional information. gear as possible must be removed from (3) A vessel that has been issued, or is the turtle without causing further in- required to have been issued, a LAP jury prior to its release. Refer to the under this part may fish with pelagic careful release protocols and handling/ longline gear in the Cape Hatteras gear release guidelines required in para- restricted area described in paragraph graph (c)(2)(vii)(C) of this section, and (c)(2)(v) of this section, provided the the handling and resuscitation require- vessel has been determined by NMFS ments specified in § 223.206(d)(1) of this to be ‘‘qualified,’’ (for the relevant title, for additional information. year) using the performance metrics (G) Non-boated turtles: If a sea turtle described in § 635.14. is too large, or hooked in a manner (4) In the Gulf of Mexico, pelagic that precludes safe boating without longline gear may not be fished or de- causing further damage or injury to ployed from a vessel issued or required the turtle, sea turtle bycatch mitiga- to have been issued a LAP under this tion gear, specified in paragraph part with live bait affixed to the hooks; (c)(2)(vii)(D) of this section, must be and, a person aboard a vessel issued or used to disentangle sea turtles from required to have been issued a LAP fishing gear and disengage any hooks, under this part that has pelagic or to clip the line and remove as much longline gear on board may not possess line as possible from a hook that can- live baitfish, maintain live baitfish in not be removed, prior to releasing the any tank or well on board the vessel, or turtle, in accordance with the proto- set up or attach an aeration or water cols specified in paragraph (c)(2)(vii)(C) circulation device in or to any such of this section. Non-boated turtles tank or well. For the purposes of this should be brought close to the boat and section, the Gulf of Mexico includes all provided with time to calm down. waters of the U.S. EEZ west and north Then, it must be determined whether of the boundary stipulated at 50 CFR or not the hook can be removed with- out causing further injury. A front flip- 600.105(c). per or flippers of the turtle must be se- (5) The operator of a vessel permitted cured, if possible, with an approved or required to be permitted under this turtle control device from the list spec- part and that has pelagic longline gear ified in paragraph (c)(2)(vii)(D) of this on board must undertake the following section. All externally embedded hooks sea turtle bycatch mitigation meas- must be removed, unless hook removal ures: would result in further injury to the (i) Possession and use of required miti- turtle. No attempt should be made to gation gear. Required sea turtle bycatch remove a hook if it has been swallowed, mitigation gear, which NMFS has ap- or if it is determined that removal proved under paragraph (c)(5)(iv) of would result in further injury. If the this section as meeting the minimum hook cannot be removed and/or if the design standards specified in para- animal is entangled, as much line as graphs (c)(5)(i)(A) through (M) of this possible must be removed prior to re- section, must be carried onboard, and lease, using an approved line cutter must be used to disengage any hooked from the list specified in paragraph or entangled sea turtles in accordance (c)(2)(vii)(D) of this section. If the hook with the handling requirements speci- can be removed, it must be removed fied in paragraph (c)(5)(ii) of this sec- using a long-handled dehooker from tion. the initial list specified in paragraph (A) Long-handled line clipper or cutter. (c)(2)(vii)(D) of this section. Without Line cutters are intended to cut high

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test monofilament line as close as pos- hook and prevent it from re-engaging sible to the hook, and assist in remov- during the removal process. One long- ing line from entangled sea turtles to handled device, meeting the minimum minimize any remaining gear upon re- design standards, is required onboard lease. NMFS has established minimum to remove ingested hooks. The min- design standards for the line cutters, imum design standards are as follows: which may be purchased or fabricated (1) Hook removal device. The hook from readily available and low-cost removal device must be constructed of materials. The LaForce line cutter and 5/16-inch (7.94 mm) 316 L stainless steel the Arceneaux line clipper are models and have a dehooking end no larger that meet these minimum design than 1–7/8-inches (4.76 cm) outside di- standards. One long-handled line clip- ameter. The device must securely en- per or cutter meeting the minimum de- gage and control the leader while sign standards, and a set of replace- shielding the barb to prevent the hook ment blades, are required to be on- from re-engaging during removal. It board. The minimum design standards may not have any unprotected ter- for line cutters are as follows: minal points (including blunt ones), as (1) A protected and secured cutting these could cause injury to the esoph- blade. The cutting blade(s) must be ca- agus during hook removal. The device pable of cutting 2.0–2.1 mm (0.078 in.– must be of a size appropriate to secure 0.083 in.) monofilament line (400-lb test) the range of hook sizes and styles used or polypropylene multistrand material, in the pelagic longline fishery tar- known as braided or tarred mainline, geting swordfish and tuna. and must be maintained in working (2) Extended reach handle. The order. The cutting blade must be dehooking end must be securely fas- curved, recessed, contained in a holder, tened to an extended reach handle or or otherwise designed to facilitate its pole with a minimum length equal to safe use so that direct contact between or greater than 150 percent of the the cutting surface and the sea turtle height of the vessel’s freeboard, or 6 ft. or the user is prevented. The cutting (1.83 m), whichever is greater. It is rec- instrument must be securely attached ommended, but not required, that the to an extended reach handle and be eas- handle break down into sections. The ily replaceable. One extra set of re- handle must be sturdy and strong placement blades meeting these stand- enough to facilitate the secure attach- ards must also be carried on board to ment of the hook removal device. replace all cutting surfaces on the line (C) Long-handled dehooker for external cutter or clipper. hooks. A long-handled dehooker, meet- (2) An extended reach handle. The ing the minimum design standards, is line cutter blade(s) must be securely required onboard for use on externally- fastened to an extended reach handle hooked sea turtles that cannot be boat- or pole with a minimum length equal ed. The long-handled dehooker for in- to, or greater than, 150 percent of the gested hooks described in paragraph height of the vessel’s freeboard, or 6 (c)(5)(i)(B) of this section would meet feet (1.83 m), whichever is greater. It is this requirement. The minimum design recommended, but not required, that standards are as follows: the handle break down into sections. (1) Construction. A long-handled There is no restriction on the type of dehooker must be constructed of 5/16- material used to construct this handle inch (7.94 mm) 316 L stainless steel rod. as long as it is sturdy and facilitates A 5-inch (12.7-cm) tube T-handle of 1- the secure attachment of the cutting inch (2.54 cm) outside diameter is rec- blade. ommended, but not required. The de- (B) Long-handled dehooker for ingested sign should be such that a fish hook hooks. A long-handled dehooking device can be rotated out, without pulling it is intended to remove ingested hooks out at an angle. The dehooking end from sea turtles that cannot be boated. must be blunt with all edges rounded. It should also be used to engage a loose The device must be of a size appro- hook when a turtle is entangled but priate to secure the range of hook sizes not hooked, and line is being removed. and styles used in the pelagic longline The design must shield the barb of the fishery targeting swordfish and tuna.

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(2) Extended reach handle. The han- extended reach handle or pole with a dle must be a minimum length equal to minimum length equal to, or greater the height of the vessel’s freeboard or 6 than, 150 percent of the height of the ft. (1.83 m), whichever is greater. vessel’s freeboard, or at least 6 ft (1.83 (D) Long-handled device to pull an m), whichever is greater. The handle ‘‘inverted V.’’ This tool is used to pull a must made of a rigid material strong ‘‘V’’ in the fishing line when imple- enough to facilitate the sturdy attach- menting the ‘‘inverted V’’ dehooking ment of the net hoop and able to sup- technique, as described in the docu- port a minimum of 100 lbs (34.1 kg) ment entitled ‘‘Careful Release Proto- without breaking or significant bend- cols for Sea Turtle Release With Mini- ing or distortion. It is recommended, mal Injury,’’ required under paragraph but not required, that the extended (a)(3) of this section, for disentangling reach handle break down into sections. and dehooking entangled sea turtles. (F) Tire. A minimum of one tire is re- One long-handled device to pull an quired onboard for supporting a turtle ‘‘inverted V’’, meeting the minimum in an upright orientation while it is on- design standards, is required onboard. board, although an assortment of sizes If a 6-ft (1.83 m) J-style dehooker is is recommended to accommodate a used to comply with paragraph range of turtle sizes. The required tire (c)(5)(i)(C) of this section, it will also must be a standard passenger vehicle satisfy this requirement. Minimum de- tire, and must be free of exposed steel sign standards are as follows: belts. (1) Hook end. This device, such as a (G) Short-handled dehooker for ingested standard boat hook or gaff, must be hooks. One short-handled device, meet- constructed of stainless steel or alu- ing the minimum design standards, is minum. A sharp point, such as on a gaff required onboard for removing ingested hook, is to be used only for holding the hooks. This dehooker is designed to re- monofilament fishing line and should move ingested hooks from boated sea never contact the sea turtle. turtles. It can also be used on external (2) Extended reach handle. The handle hooks or hooks in the front of the must have a minimum length equal to mouth. Minimum design standards are the height of the vessel’s freeboard, or as follows: 6 ft. (1.83 m), whichever is greater. The (1) Hook removal device. The hook re- handle must be sturdy and strong moval device must be constructed of 1⁄4- enough to facilitate the secure attach- inch (6.35 mm) 316 L stainless steel, and ment of the gaff hook. must allow the hook to be secured and (E) Dipnet. One dipnet, meeting the the barb shielded without re-engaging minimum design standards, is required during the removal process. It must be onboard. Dipnets are to be used to fa- no larger than 15⁄16 inch (3.33 cm) out- cilitate safe handling of sea turtles by side diameter. It may not have any un- allowing them to be brought onboard protected terminal points (including for fishing gear removal, without caus- blunt ones), as this could cause injury ing further injury to the animal. Tur- to the esophagus during hook removal. tles must not be brought onboard with- A sliding PVC bite block must be used out the use of a dipnet. The minimum to protect the beak and facilitate hook design standards for dipnets are as fol- removal if the turtle bites down on the lows: dehooking device. The bite block (1) Size of dipnet. The dipnet must should be constructed of a 3⁄4-inch (1.91 have a sturdy net hoop of at least 31 cm) inside diameter high impact plas- inches (78.74 cm) inside diameter and a tic cylinder (e.g., Schedule 80 PVC) bag depth of at least 38 inches (96.52 that is 10 inches (25.4 cm) long to allow cm) to accommodate turtles below 3 ft. for 5 inches (12.7 cm) of slide along the (0.914 m) carapace length. The bag shaft. The device must be of a size ap- mesh openings may not exceed 3 inches propriate to secure the range of hook (7.62 cm). There must be no sharp edges sizes and styles used in the pelagic or burrs on the hoop, or where the hoop longline fishery targeting swordfish is attached to the handle. and tuna. (2) Extended reach handle. The dipnet (2) Handle length. The handle should hoop must be securely fastened to an be approximately 16–24 inches (40.64

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cm–60.69 cm) in length, with approxi- proximately 17 inches (43.18 cm) in mately a 5-inch (12.7 cm) long tube T- total length, with 4-inch (10.16 cm) long handle of approximately 1 inch (2.54 blades that are 21⁄4 inches (5.72 cm) cm) in diameter. wide, when closed, and with 13-inch (H) external hooks. One short-handled (33.02 cm) long handles. Required bolt dehooker for external hooks, meeting cutters must be able to cut hard met- the minimum design standards, is re- als, such as stainless or carbon steel quired onboard. The short-handled hooks, up to 1⁄4-inch (6.35 mm) diame- dehooker for ingested hooks required ter. to comply with paragraph (c)(5)(i)(G) of (K) Monofilament line cutters. One pair this section will also satisfy this re- of monofilament line cutters is re- quirement. Minimum design standards quired on board. Required are as follows: monofilament line cutters must be (1) Hook removal device. The dehooker used to remove fishing line as close to must be constructed of 5⁄16-inch (7.94 the eye of the hook as possible, if the cm) 316 L stainless steel, and the de- hook is swallowed or cannot be re- sign must be such that a hook can be moved. To meet the minimum design rotated out without pulling it out at an standards such monofilament line cut- angle. The dehooking end must be ters must generally be approximately blunt, and all edges rounded. The de- 71⁄2 inches (19.05 cm) in length. The vice must be of a size appropriate to se- blades must be 1 in (4.45 cm) in length cure the range of hook sizes and styles and 5⁄8-in (1.59 cm) wide, when closed, used in the pelagic longline fishery tar- and are recommended to be coated with geting swordfish and tuna. Teflon (a trademark owned by E.I. Du- (2) Handle length. The handle should Pont de Nemours and Company Corp.). be approximately 16–24 inches (40.64 (L) Mouth openers/mouth gags. Re- cm–60.69 cm) long with approximately quired mouth openers and mouth gags a 5-inch (12.7 cm) long tube T-handle of are used to open sea turtle mouths, and approximately 1 inch (2.54 cm) in di- to keep them open when removing in- ameter. gested hooks from boated turtles. They (I) Long-nose or needle-nose pliers. One must allow access to the hook or line pair of long-nose or needle-nose pliers, without causing further injury to the meeting the minimum design stand- turtle. Design standards are included ards, is required on board. Required in the item descriptions. At least two long-nose or needle-nose pliers can be of the seven different types of mouth used to remove deeply embedded hooks openers/gags described below are re- from the turtle’s flesh that must be quired: twisted during removal. They can also (1) A block of hard wood. Placed in hold PVC splice couplings, when used the corner of the jaw, a block of hard as mouth openers, in place. To meet wood may be used to gag open a tur- the minimum design standards such tle’s mouth. A smooth block of hard pliers must generally be approximately wood of a type that does not splinter 12 inches (30.48 cm) in length, and (e.g. maple) with rounded edges should should be constructed of stainless steel be sanded smooth, if necessary, and material. soaked in water to soften the wood. (J) Bolt cutters. One pair of bolt cut- The dimensions should be approxi- ters, meeting the minimum design mately 11 inches (27.94 cm) 1 inch (2.54 standards, is required on board. Re- cm) 1 inch (2.54 cm). A long-handled, quired bolt cutters may be used to cut wire shoe brush with a wooden handle, hooks to facilitate their removal. They and with the wires removed, is an inex- should be used to cut off the eye or pensive, effective and practical mouth- barb of a hook, so that it can safely be opening device that meets these re- pushed through a sea turtle without quirements. causing further injury. They should (2) A set of three canine mouth gags. also be used to cut off as much of the Canine mouth gags are highly rec- hook as possible, when the remainder ommended to hold a turtle’s mouth of the hook cannot be removed. To open, because the gag locks into an meet the minimum design standards open position to allow for hands-free such bolt cutters must generally be ap- operation after it is in place. A set of

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canine mouth gags must include one of ensure proper fit and access, a required each of the following sizes: small (5 set must consist of the following inches) (12.7 cm), medium (6 inches) Schedule 40 PVC splice coupling sizes: 1 (15.24 cm), and large (7 inches) (17.78 inch (2.54 cm), 11⁄4 inch (3.18 cm), 11⁄2 cm). They must be constructed of inch (3.81 cm), and 2 inches (5.08 cm). stainless steel. A 1-inch (4.45 cm) piece (7) A large avian oral speculum. A of vinyl tubing (3⁄4-inch (1.91 cm) out- large avian oral speculum provides the side diameter and 5⁄8-inch (1.59 cm) in- ability to hold a turtle’s mouth open side diameter) must be placed over the and to control the head with one hand, ends to protect the turtle’s beak. while removing a hook with the other (3) A set of two sturdy dog chew hand. The avian oral speculum must be bones. Placed in the corner of a turtle’s 9-inches (22.86 cm) long, and con- jaw, canine chew bones are used to gag structed of 3⁄16-inch (4.76 mm) wire di- open a sea turtle’s mouth. Required ca- ameter surgical stainless steel (Type nine chews must be constructed of du- 304). It must be covered with 8 inches rable nylon, zylene resin, or thermo- (20.32 cm) of clear vinyl tubing (5⁄16-inch plastic polymer, and strong enough to (7.9 mm) outside diameter, 3⁄16-inch (4.76 withstand biting without splintering. mm) inside diameter). To accommodate a variety of turtle (M) Turtle control devices. One turtle beak sizes, a set must include one large control device, as described in para- (51⁄2–8 inches (13.97 cm–20.32 cm) in graph (c)(5)(i)(M)(1) or (2) of this sec- length), and one small (31⁄2–41⁄2 inches tion, and meeting the minimum design (8.89 cm–11.43 cm) in length) canine standards, is required onboard and chew bones. must be used to secure a front flipper (4) A set of two rope loops covered of the sea turtle so that the animal can with hose. A set of two rope loops cov- ered with a piece of hose can be used as be controlled at the side of the vessel. a mouth opener, and to keep a turtle’s It is strongly recommended that a pair mouth open during hook and/or line re- of turtle control devices be used to se- moval. A required set consists of two 3- cure both front flippers when crew size foot (0.91 m) lengths of poly braid rope and conditions allow. Minimum design standards consist of: (3⁄8-inch (9.52 mm) diameter suggested), each covered with an 8-inch (20.32 cm) (1) Turtle tether and extended reach 1 2 section of 1⁄2-inch (1.27 cm) or 3⁄4-inch handle. Approximately 15–20 feet of ⁄ - (1.91 cm) light-duty garden hose, and inch hard lay negative buoyance line is each tied into a loop. The upper loop of used to make an approximately 30-inch rope covered with hose is secured on loop to slip over the flipper. The line is the upper beak to give control with one fed through a 3⁄4-inch fair lead, eyelet, hand, and the second piece of rope cov- or eyebolt at the working end of a pole ered with hose is secured on the lower and through a 3⁄4-inch eyelet or eyebolt beak to give control with the user’s in the midsection. A 1⁄2-inch quick re- foot. lease cleat holds the line in place near (5) A hank of rope. Placed in the cor- the end of the pole. A final 3⁄4-inch eye- ner of a turtle’s jaw, a hank of rope can let or eyebolt should be positioned ap- be used to gag open a sea turtle’s proximately 7-inches behind the cleat mouth. A 6-foot (1.83 m) lanyard of ap- to secure the line, while allowing a safe proximately 3⁄16-inch (4.76 mm) braided working distance to avoid injury when nylon rope may be folded to create a releasing the line from the cleat. The hank, or looped bundle, of rope. Any line must be securely fastened to an ex- size soft-braided nylon rope is allowed, tended reach handle or pole with a however it must create a hank of ap- minimum length equal to, or greater proximately 2–4 inches (5.08 cm–10.16 than, 150 percent of the height of the cm) in thickness. vessel’s freeboard, or a minimum of 6 (6) A set of four PVC splice couplings. feet (1.83 m), whichever is greater. PVC splice couplings can be positioned There is no restriction on the type of inside a turtle’s mouth to allow access material used to construct this handle, to the back of the mouth for hook and as long as it is sturdy. The handle must line removal. They are to be held in include a tag line to attach the tether place with the needle-nose pliers. To to the vessel to prevent the turtle from

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breaking away with the tether still at- (1) A boated turtle should be placed tached. on a standard automobile tire, or cush- (2) T&G ninja sticks and extended ioned surface, in an upright orientation reach handles. Approximately 30–35 to immobilize it and facilitate gear re- feet of 1⁄2-inch to 5⁄8-inch soft lay poly- moval. Then, it should be determined if propylene or nylon line or similar is the hook can be removed without caus- fed through 2 PVC conduit, fiberglass, ing further injury. or similar sturdy poles and knotted (2) All externally embedded hooks using an overhand (recommended) knot should be removed, unless hook re- at the end of both poles or otherwise moval would result in further injury to secured. There should be approxi- the turtle. No attempt to remove a mately 18–24 inches of exposed rope be- hook should be made if it has been tween the poles to be used as a working swallowed and the insertion point is surface to capture and secure the flip- not visible, or if it is determined that per. Knot the line at the ends of both removal would result in further injury. poles to prevent line slippage if they (3) If a hook cannot be removed, as are not otherwise secured. The remain- much line as possible should be re- ing line is used to tether the apparatus moved from the turtle using to the boat unless an additional tag monofilament cutters as required by line is used. Two lengths of sunlight re- paragraph (c)(5)(i) of this section, and the hook should be cut as close as pos- sistant 3⁄4-inch schedule 40 PVC elec- trical conduit, fiberglass, aluminum, or sible to the insertion point before re- leasing the turtle, using boltcutters as similar material should be used to con- required by paragraph (c)(5)(i) of this struct the apparatus with a minimum section. length equal to, or greater than, 150 (4) If a hook can be removed, an ef- percent of the height of the vessel’s fective technique may be to cut off ei- freeboard, or 6 feet (1.83 m), whichever ther the barb, or the eye, of the hook is greater. using bolt cutters, and then to slide (ii) Handling and release requirements. the hook out. When the hook is visible (A) Sea turtle bycatch mitigation gear, in the front of the mouth, a mouth- as required by paragraphs (c)(5)(i)(A) opener, as required by paragraph through (D) of this section, must be (c)(5)(i) of this section, may facilitate used to disengage any hooked or entan- opening the turtle’s mouth and a gag gled sea turtles that cannot be brought may facilitate keeping the mouth onboard. Sea turtle bycatch mitigation open. Short-handled dehookers for in- gear, as required by paragraphs gested hooks, long-nose pliers, or nee- (c)(5)(i)(E) through (M) of this section, dle-nose pliers, as required by para- must be used to facilitate access, safe graph (c)(5)(i) of this section, should be handling, disentanglement, and hook used to remove visible hooks from the removal or hook cutting of sea turtles mouth that have not been swallowed that can be brought onboard, where on boated turtles, as appropriate. feasible. Sea turtles must be handled, (5) As much gear as possible must be and bycatch mitigation gear must be removed from the turtle without caus- used, in accordance with the careful re- ing further injury prior to its release. lease protocols and handling/release Refer to the careful release protocols guidelines specified in paragraph (a)(3) and handling/release guidelines re- of this section, and in accordance with quired in paragraph (a)(3) of this sec- the onboard handling and resuscitation tion, and the handling and resuscita- requirements specified in § 223.206(d)(1) tion requirements specified in of this title. § 223.206(d)(1) of this title, for additional (B) Boated turtles. When practicable, information. active and comatose sea turtles must (C) Non-boated turtles. If a sea turtle be brought on board, with a minimum is too large, or hooked in a manner of injury, using a dipnet as required by that precludes safe boating without paragraph (c)(5)(i)(E) of this section. causing further damage or injury to All turtles less than 3 ft. (.91 m) cara- the turtle, sea turtle bycatch mitiga- pace length should be boated, if sea tion gear required by paragraphs conditions permit. (c)(5)(i)(A) through (D) of this section

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must be used to disentangle sea turtles any gangion plus the total length of from fishing gear and disengage any any floatline is less than 100 meters. hooks, or to clip the line and remove as (B) Hook size, type, and bait. Vessels much line as possible from a hook that fishing outside of the NED gear re- cannot be removed, prior to releasing stricted area, as defined at § 635.2, that the turtle, in accordance with the pro- have pelagic longline gear on board, tocols specified in paragraph (a)(3) of and that have been issued, or are re- this section. quired to have, a swordfish, shark, or (1) Non-boated turtles should be Atlantic Tunas Longline category LAP brought close to the boat and provided for use in the Atlantic Ocean, including with time to calm down. Then, it must the Caribbean Sea and the Gulf of Mex- be determined whether or not the hook ico, are limited, at all times, to pos- can be removed without causing fur- sessing on board and/or using only ther injury. A front flipper or flippers whole finfish and/or squid bait, and the of the turtle must be secured with an following types and sizes of fishing approved turtle control device from the hooks: list specified in paragraph (c)(2)(vii)(D) (1) 18/0 or larger circle hooks with an of this section. offset not to exceed 10°; and/or, (2) All externally embedded hooks (2) 16/0 or larger non-offset circle must be removed, unless hook removal hooks. would result in further injury to the (i) For purposes of paragraphs turtle. No attempt should be made to (c)(5)(iii)(B)(1) and (2) of this section, remove a hook if it has been swallowed, the outer diameter of an 18/0 circle or if it is determined that removal hook at its widest point must be no would result in further injury. If the smaller than 2.16 inches (55 mm), and hook cannot be removed and/or if the the outer diameter of a 16/0 circle hook animal is entangled, as much line as at its widest point must be no smaller than 1.74 inches (44.3 mm), when meas- possible must be removed prior to re- ured with the eye of the hook on the lease, using a line cutter as required by vertical axis (y-axis) and perpendicular paragraph (c)(5)(i) of this section. If the to the horizontal axis (x-axis). The dis- hook can be removed, it must be re- tance between the hook point and the moved using a long-handled dehooker shank (i.e., the gap) on an 18/0 circle as required by paragraph (c)(5)(i) of hook must be no larger than 1.13 inches this section. (28.8 mm), and the gap on a 16/0 circle (3) Without causing further injury, as hook must be no larger than 1.01 inches much gear as possible must be removed (25.8 mm). The allowable offset is meas- from the turtle prior to its release. ured from the barbed end of the hook, Refer to the careful release protocols and is relative to the parallel plane of and handling/release guidelines re- the eyed-end, or shank, of the hook quired in paragraph (a)(3) of this sec- when laid on its side. The only allow- tion, and the handling and resuscita- able offset circle hooks are those that tion requirements specified in are offset by the hook manufacturer. In § 223.206(d)(1) for additional informa- the Gulf of Mexico, as described at tion. § 600.105(c) of this chapter, circle hooks (iii) Gear modifications. The following also must be constructed of corrodible measures are required of vessel opera- round wire stock that is no larger than tors to reduce the incidental capture 3.65 mm in diameter. and mortality of sea turtles: (ii) [Reserved] (A) Gangion length. The length of any (3) If green-stick gear, as defined at gangion on vessels that have pelagic § 635.2, is onboard, a vessel may possess longline gear on board and that have up to 20 J-hooks. J-hooks may be used been issued, or are required to have, a only with green-stick gear, and no swordfish, shark, or Atlantic Tunas more than 10 hooks may be used at one Longline category LAP for use in the time with each green-stick gear. J- Atlantic Ocean including the Carib- hooks used with green-stick gear may bean Sea and the Gulf of Mexico must be no smaller than 1.5 inch (38.1 mm) be at least 10 percent longer than any when measured in a straight line over floatline length if the total length of the longest distance from the eye to

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any other part of the hook. If green- (d) Bottom longlines. (1) If bottom stick gear is onboard, artificial bait longline gear is onboard a vessel issued may be possessed, but may be used a permit under this part, persons only with green-stick gear. aboard that vessel may not fish or de- (iv) Approval of sea turtle bycatch miti- ploy any type of fishing gear in the fol- gation gear. NMFS will file with the Of- lowing areas: fice of the Federal Register for publica- (i) The mid-Atlantic shark closed tion an initial list of required sea tur- area from January 1 through July 31 tle bycatch mitigation gear that NMFS each calendar year; has approved as meeting the minimum (ii) The areas designated at design standards specified under para- § 622.435(a)(2)(i) through (iii) of this graph (c)(5)(i) of this section. Other de- chapter, year-round; and vices proposed for use, such as line (iii) The areas described in para- clippers or cutters or dehookers, as graphs (d)(1)(iii)(A) through (H) of this specified under paragraphs (c)(5)(i)(A) section, year-round. through (C), (G), and (H) through (K) of (A) Snowy Grouper Wreck. Bounded by this section, must be approved as meet- rhumb lines connecting, in order, the ing the minimum design standards be- following points: 33°25′ N. lat., 77°04.75′ fore being used. NMFS will examine W. long.; 33°34.75′ N. lat., 76°51.3′ W. new devices, as they become available, long.; 33°25.5′ N. lat., 76°46.5′ W. long.; to determine if they meet the min- 33°15.75′ N. lat., 77°00.0′ W. long.; 33°25′ imum design standards, and will file N. lat., 77°04.75′ W. long. with the Office of the Federal Register (B) Northern South Carolina. Bounded for publication notification of any new on the north by 32°53.5′ N. lat.; on the devices that are approved as meeting south by 32°48.5′ N. lat.; on the east by the standards. 78°04.75′ W. long.; and on the west by (6) The owner or operator of a vessel 78°16.75′ W. long. permitted or required to be permitted (C) Edisto. Bounded on the north by under this part and that has pelagic 32°24′ N. lat.; on the south by 32°18.5′ N. longline gear on board must undertake lat.; on the east by 78°54.0′ W. long.; and the following shark bycatch mitigation on the west by 79°06.0′ W. long. measures: (D) Charleston Deep Artificial Reef. (i) Handling and release requirements. Bounded by rhumb lines connecting, in As safely as practicable, any hooked or order, the following points: 32°9.65′ N entangled sharks that are not being re- lat., 79°9.2′ W long.; 32°7.155′ N lat., tained must be released using 79°5.595′ W long.; 32°2.36′ N lat., 79°9.975′ dehookers or line clippers or cutters. If W long.; 32°5.04′ N lat., 79°13.575′ W long. using a line clipper or cutter, the (E) Georgia. Bounded by rhumb lines gangion must be cut so that less than connecting, in order, the following three feet (91.4 cm) of line remains at- points: 31°43′ N. lat., 79°31′ W. long.; tached to the hook. 31°43′ N. lat., 79°21′ W. long.; 31°34′ N. (ii) Fleet communication and relocation lat., 79°29′ W. long.; 31°34′ N. lat., 79°39′ protocol. The owner or operator of any W. long; 31°43′ N. lat., 79°31′ W. long. vessel that catches a dusky shark (F) North Florida. Bounded on the must, as quickly as practicable, broad- north by 30°29′ N. lat.; on the south by cast the location of the dusky shark 30°19′ N. lat.; on the east by 80°02′ W. interaction over the radio to other long.; and on the west by 80°14′ W. long. fishing vessels in the surrounding area. (G) St. Lucie Hump. Bounded on the Subsequent fishing sets by that vessel north by 27°08′ N. lat.; on the south by on that trip must be at least 1 nmi 27°04′ N. lat.; on the east by 79°58′ W. from the reported location of the dusky long.; and on the west by 80°00′ W. long. shark catch. Vessel owners and opera- (H) East Hump. Bounded by rhumb tors are encouraged to move the vessel lines connecting, in order, the fol- further away than 1 nmi if conditions lowing points: 24°36.5′ N. lat., 80°45.5′ W. (e.g., water temperature, depth, tide, long.; 24°32′ N. lat., 80°36′ W. long; etc.) indicate that moving a greater 24°27.5′ N. lat., 80°38.5′ W. long; 24°32.5′ distance is warranted to avoid addi- N. lat., 80°48′ W. long.; 24°36.5′ N. lat., tional dusky shark interactions. 80°45.5′ W. long.

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(2) The operator of a vessel required (3) If a vessel issued or required to be to be permitted under this part and issued a permit under this part is in a that has bottom longline gear on board closed area designated under paragraph must undertake the following bycatch (d)(1) of this section and has pelagic mitigation measures: longline gear onboard, the vessel may (i) Possession and use of required miti- not, at any time, possess or land any gation gear. The equipment listed in demersal species listed in Table 3 of paragraph (c)(5)(i) of this section must Appendix A to this part in excess of 5 be carried on board and must be used percent, by weight, of the total weight to handle, release, and disentangle of pelagic and demersal species pos- hooked or entangled sea turtles, pro- sessed or landed, that are listed in Ta- hibited sharks, or smalltooth sawfish bles 2 and 3 of Appendix A to this part. in accordance with requirements speci- (4) Vessels that have bottom longline fied in paragraph (d)(2)(ii) of this sec- gear on board and that have been tion. issued, or are required to have been (ii) Handling and release requirements. issued, a directed shark limited access Sea turtle bycatch mitigation gear, as permit under § 635.4(e) must have only required by paragraph (d)(2)(i) of this circle hooks as defined at § 635.2 on section, must be used to disengage any board. hooked or entangled sea turtle as stat- (e) Purse seine—(1) Mesh size. A purse ed in paragraph (c)(5)(ii) of this sec- seine used in directed fishing for tion. This mitigation gear should also bluefin tuna must have a mesh size be employed to disengage any hooked equal to or smaller than 4.5 inches (11.4 or entangled species of prohibited cm) in the main body (stretched when sharks as listed under heading D, Pro- wet) and must have at least 24-count hibited Sharks, of Table 1 of appendix thread throughout the net. A to this part, any hooked or entangled (2) Inspection of purse seine vessels. species of sharks that exceed the reten- Persons that own or operate an Atlan- tion limits as specified in § 635.24(a), tic Tunas purse seine vessel must have and any hooked or entangled their fishing gear inspected for mesh smalltooth sawfish. In addition, if a size by an enforcement agent of NMFS smalltooth sawfish is caught, the fish prior to commencing fishing for the should be kept in the water while season in any fishery that may result maintaining water flow over the gills in the harvest of Atlantic tunas. Such and the fish should be examined for re- persons must request such inspection search tags. All smalltooth sawfish at least 24 hours before commencement must be released in a manner that will of the first fishing trip of the season. If ensure maximum probability of sur- NMFS does not inspect the vessel with- vival, but without removing the fish in 24 hours of such notification, the in- from the water or any research tags spection requirement is waived. In ad- from the fish. dition, at least 24 hours before com- (iii) Fleet communication and reloca- mencement of offloading any bluefin tion protocol. The owner or operator of tuna after a fishing trip, such persons any vessel that catches a dusky shark must request an inspection of the ves- must, as quickly as practicable, broad- sel and catch by notifying NMFS. If, cast the location of the dusky shark after notification by the vessel, NMFS interaction over the radio to other does not arrange to inspect the vessel fishing vessels in the surrounding area. and catch at offloading, the inspection Subsequent fishing sets by that vessel requirement is waived. on that trip must be at least 1 nmi (f) Rod and reel. (1) Persons who have from the reported location of the dusky been issued or are required to be issued shark catch. Vessel owners and opera- a permit under this part and who are tors are encouraged to move the vessel participating in a ‘‘tournament,’’ as de- further away than 1 nmi if conditions fined in § 635.2, that bestows points, (e.g., water temperature, depth, tide, prizes, or awards for Atlantic billfish etc.) indicate that moving a greater must deploy only non-offset circle distance is warranted to avoid addi- hooks when using natural bait or nat- tional dusky shark interactions. ural bait/artificial lure combinations,

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and may not deploy a J-hook or an off- ing net checks. Smalltooth sawfish set circle hook in combination with must not be removed from the water natural bait or a natural bait/artificial while being removed from the net. lure combination. (3) While fishing with a sink gillnet, (2) A person on board a vessel that vessels issued or required to be issued a has been issued or is required to be Federal Atlantic commercial shark issued a permit with a shark endorse- LAP and/or a Federal commercial ment under this part and who is par- smoothhound permit must limit the ticipating in an HMS registered tour- soak time of the sink gillnet gear to no nament that bestows points, prizes, or more than 24 hours, measured from the awards for Atlantic sharks must deploy time the sink gillnet first enters the only non-offset, corrodible circle hooks water to the time it is completely re- when fishing for, retaining, possessing, moved from the water. Smalltooth or landing sharks south of 41°43′ N. lati- sawfish must not be removed from the tude, except when fishing with flies or water while being removed from the artificial lures. Any shark caught net. ° ′ south of 41 43 N. latitude on non-circle (4) No person may fish for sharks hooks must be released, unless the with a gillnet with a total length of 2.5 shark was caught when fishing with km or more. No vessel may have on flies or artificial lures. board a gillnet with a total length of (3) A person on board a vessel that 2.5 km or more. has been issued or is required to be (5) Fleet communication and relocation issued an HMS Angling permit with a protocol. The owner or operator of any shark endorsement or an HMS Charter/ vessel issued or required to be issued a Headboat permit with a shark endorse- ment must deploy only non-offset, cor- Federal Atlantic commercial shark rodible circle hooks when fishing for, limited access permit that catches a retaining, possessing, or landing sharks dusky shark must, as quickly as prac- south of 41°43′ N. latitude, except when ticable, broadcast the location of the fishing with flies or artificial lures. dusky shark interaction over the radio Any shark caught south of 41°43′ N. to other fishing vessels in the sur- latitude on non-circle hooks must be rounding area. Subsequent fishing sets released, unless the shark was caught by that vessel that trip must be at when fishing with flies or artificial least 1 nmi from the reported location lures. of the dusky shark catch. Vessel own- (g) Gillnet. (1) Persons fishing with ers and operators are encouraged to gillnet gear must comply with the pro- move the vessel further away than 1 visions implementing the Atlantic nmi if conditions (e.g., water tempera- Large Whale Take Reduction Plan, the ture, depth, tide, etc.) indicate that Bottlenose Dolphin Take Reduction moving a greater distance is warranted Plan, the Harbor Porpoise Take Reduc- to avoid additional dusky shark inter- tion Plan, and any other relevant Take actions. Reduction Plan set forth in §§ 229.32 (h) Buoy gear. Vessels utilizing buoy through 229.35 of this title. If a listed gear may not possess or deploy more whale is taken, the vessel operator than 35 floatation devices, and may not must cease fishing operations imme- deploy more than 35 individual buoy diately and contact NMFS as required gears per vessel. Buoy gear must be under part 229 of this title. constructed and deployed so that the (2) While fishing with a drift gillnet, hooks and/or gangions are attached to a vessel issued or required to be issued the vertical portion of the mainline. a Federal Atlantic commercial shark Floatation devices may be attached to LAP and/or a Federal commercial one but not both ends of the mainline, smoothhound permit must conduct net and no hooks or gangions may be at- checks at least every 2 hours to look tached to any floatation device or hori- for and remove any sea turtles, marine zontal portion of the mainline. If more mammals, Atlantic sturgeon, or than one floatation device is attached smalltooth sawfish, and the drift to a buoy gear, no hook or gangion gillnet must remain attached to at may be attached to the mainline be- least one vessel at one end, except dur- tween them. Individual buoy gears may

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not be linked, clipped, or connected to- cept when fishing with flies or artifi- gether in any way. Buoy gears must be cial lures. Any shark caught south of released and retrieved by hand. All de- 41°43′ N. latitude on non-circle hooks ployed buoy gear must have some type must be released, unless the shark was of monitoring equipment affixed to it caught when fishing with flies or artifi- including, but not limited to, radar re- cial lures. flectors, beeper devices, lights, or re- (2) A person on board a vessel that flective tape. If only reflective tape is has been issued or is required to be affixed, the vessel deploying the buoy issued an HMS Angling permit with a gear must possess on board an operable shark endorsement or a person on spotlight capable of illuminating de- board a vessel with an HMS Charter/ ployed floatation devices. If a gear Headboat permit with a shark endorse- monitoring device is positively buoy- ment must deploy only non-offset, cor- ant, and rigged to be attached to a fish- rodible circle hooks when fishing for, ing gear, it is included in the 35 floata- retaining, possessing, or landing sharks tion device vessel limit and must be south of 41°43′ N. latitude, except when marked appropriately. fishing with flies or artificial lures. (i) Speargun fishing gear. Speargun Any shark caught south of 41°43′ N. fishing gear may only be utilized when latitude on non-circle hooks must be recreational fishing for Atlantic BAYS released, unless the shark was caught tunas and only from vessels issued ei- when fishing with flies or artificial ther a valid HMS Angling or valid HMS lures. Charter/Headboat permit. Persons fish- ing for Atlantic BAYS tunas using [79 FR 71594, Dec. 2, 2014, as amended at 80 speargun gear, as specified in § 635.19, FR 60567, Oct. 7, 2015; 80 FR 73145, Nov. 24, must be physically in the water when 2015; 81 FR 57806, Aug. 24, 2016; 82 FR 16507, the speargun is fired or discharged, and Apr. 4, 2017; 83 FR 33154, July 17, 2018] may freedive, use SCUBA, or other un- EFFECTIVE DATE NOTE: At 83 FR 8949, Mar. derwater breathing devices. Only free- 2, 2018, § 635.21 was amended by adding para- swimming BAYS tunas, not those re- graphs (a)(4) and (c)(1)(iv), effective Mar. 2, stricted by fishing lines or other 2018 through Aug. 29, 2018. At 83 FR 42452, means, may be taken by speargun fish- Aug. 22, 2018, the effective date for these amendments was extended to Mar. 3, 2019. ing gear. ‘‘Powerheads,’’ as defined at § 600.10 of this chapter, or any other ex- § 635.22 Recreational retention limits. plosive devices, may not be used to harvest or fish for BAYS tunas with (a) General. (1) Atlantic HMS caught, speargun fishing gear. possessed, retained, or landed under (j) Green-stick gear. Green-stick gear these recreational limits may not be may only be utilized when fishing from sold or transferred to any person for a vessels issued a valid Atlantic Tunas commercial purpose. Recreational re- General, Swordfish General Commer- tention limits apply to a longbill cial, HMS Charter/Headboat, or Atlan- spearfish taken or possessed shoreward tic Tunas Longline category permit. of the outer boundary of the Atlantic The gear must be attached to the ves- EEZ, to a shark taken from or pos- sel, actively trolled with the mainline sessed in the Atlantic Ocean including at or above the water’s surface, and the Gulf of Mexico and Caribbean Sea, may not be deployed with more than 10 to a North Atlantic swordfish taken hooks or gangions attached. from or possessed in the Atlantic (k) Handline. (1) A person on board a Ocean, and to bluefin and yellowfin vessel that has been issued or is re- tuna taken from or possessed in the At- quired to be issued a permit with a lantic Ocean. The operator of a vessel shark endorsement under this part and for which a retention limit applies is who is participating in an HMS reg- responsible for the vessel retention istered tournament that bestows limit and for the cumulative retention points, prizes, or awards for Atlantic limit based on the number of persons sharks must deploy only non-offset, aboard. Federal recreational retention corrodible circle hooks when fishing limits may not be combined with any for, retaining, possessing, or landing recreational retention limit applicable sharks south of 41°43′ N. latitude, ex- in state waters.

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(2) Vessels issued an HMS General dorsement under § 635.4(b) and is en- Category permit under § 635.4(d) that gaged in a for-hire fishing trip. A per- are participating in a HMS registered son on board a vessel that has been tournament, vessels issued a HMS An- issued or is required to be issued a per- gling category permit under § 635.4(c), mit with a shark endorsement under or vessels issued a HMS Charter/ § 635.4 may be required to use non-off- Headboat permit under § 635.4(b) may set, corrodible circle hooks as specified not retain, possess or land oceanic in § 635.21(f) and (k) in order to retain whitetip sharks or scalloped, smooth, sharks per the retention limits speci- or great hammerhead sharks if sword- fied in this section. fish, tuna, or billfish are retained or (2) Only one shark from the following possessed on board, or offloaded from, list may be retained per vessel per trip, the vessel. Such vessels also may not subject to the size limits described in retain, possess or land swordfish, tuna, § 635.20(e)(2) and (4): Atlantic blacktip, or billfish if oceanic whitetip sharks, Gulf of Mexico blacktip, bull, great or scalloped, smooth, or great hammer- hammerhead, scalloped hammerhead, head sharks are retained or possessed smooth hammerhead, lemon, nurse, on board, or offloaded from, the vessel. spinner, tiger, blue, common thresher, (3) Vessels issued an HMS General oceanic whitetip, porbeagle, shortfin Category permit under § 635.4(d) that mako, Atlantic sharpnose, finetooth, are participating in an HMS registered Atlantic blacknose, Gulf of Mexico tournament, vessels issued a Swordfish blacknose, and bonnethead. General commercial permit under (3) In addition to the sharks listed § 635.4(f) that are participating in an under paragraph (c)(2) of this section, HMS registered tournament, vessels one Atlantic sharpnose shark and one issued a HMS Angling category permit bonnethead shark may be retained per under § 635.4(c), or vessels issued a HMS person per trip, subject to the size lim- Charter/Headboat permit under its described in § 635.20(e)(3). § 635.4(b) are required to release (4) No prohibited sharks, including unharmed, to the extent practicable, parts or pieces of prohibited sharks, porbeagle sharks that are alive at the which are listed in section D of Table 1 time of haulback if swordfish, tuna, or of Appendix A to this part, may be re- billfish are retained or possessed on tained regardless of where harvested. board, or offloaded from, the vessel (5) Sharks listed in Table 1 of appen- during that trip. dix A to this part that are not listed in (b) Billfish. No longbill spearfish from this section, must be released by per- the management unit may be taken, sons aboard a vessel that has not been retained, or possessed shoreward of the issued a Federal Atlantic commercial outer boundary of the EEZ. shark vessel permit under § 635.4(e). (c) Sharks. (1) The recreational reten- (6) The smoothhound sharks listed in tion limit for sharks applies to any Section E of Table 1 of Appendix A to person who fishes in any manner, ex- this part may be retained and are sub- cept to persons aboard a vessel that ject only to the size limits described in has been issued a Federal Atlantic § 635.20(e)(5). commercial shark vessel permit under (d) Yellowfin tuna. Three yellowfin § 635.4. The retention limit can change tunas per person per day may be re- depending on the species being caught tained. Regardless of the length of a and the size limit under which they are trip, no more than three yellowfin tuna being caught as specified under per person may be possessed on board a § 635.20(e). If a commercial Atlantic vessel. The recreational retention limit shark quota is closed under § 635.28(b), for yellowfin tuna applies to a person the recreational retention limit for who fishes in any manner, except to a sharks and no sale provision in para- person aboard a vessel issued an Atlan- graph (a) of this section may be applied tic Tunas vessel permit under § 635.4(d). to persons aboard a vessel issued a Fed- The recreational retention limit for eral Atlantic commercial shark vessel yellowfin tuna applies to persons, in- permit under § 635.4(e), only if that ves- cluding captain and crew, aboard a ves- sel has also been issued an HMS Char- sel that has been issued an Atlantic ter/Headboat permit with a shark en- HMS Charter/Headboat permit under

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§ 635.4(b) only when the vessel is en- Sections Affected, which appears in the gaged in a for-hire trip. Finding Aids section of the printed volume (e) Bluefin tuna. Refer to § 635.23 for and at www.fdsys.gov. Atlantic bluefin tuna recreational re- § 635.23 Retention limits for bluefin tention limits. tuna. (f) North Atlantic swordfish. The rec- reational retention limits for North The retention limits in this section Atlantic swordfish apply to persons are subject to the quotas and closure who fish in any manner, except to per- provisions in §§ 635.27 and 635.28. sons aboard a vessel that has been (a) General category. (1) No person issued an HMS Charter/Headboat per- aboard a vessel that has a General cat- mit with a commercial sale endorse- egory Atlantic Tunas permit may pos- ment under § 635.4(b) and only when on sess, retain, land, or sell a BFT in the a non for-hire trip; a directed, inci- school, large school, or small medium dental or handgear swordfish LAP size class. under § 635.4(e) and (f); a Swordfish (2) On an RFD, no person aboard a General Commercial permit under vessel that has been issued an Atlantic § 635.4(f); an Incidental HMS Squid Tunas General category permit may Trawl permit under § 635.4(n); or an fish for, possess, retain, land, or sell a HMS Commercial Caribbean Small BFT of any size class, and catch-and- boat permit under § 635.4(o). release or tag-and-release fishing for (1) When on a for-hire trip as defined BFT under § 635.26(a) is not authorized at § 635.2, vessels issued an HMS Char- from such vessel. On days other than ter/Headboat permit under § 635.4(b), RFDs, and when the General category that are charter boats as defined under is open, large medium or giant BFT § 600.10 of this chapter, may retain, pos- may be caught and landed from such sess, or land no more than one North vessels up to the daily retention limit Atlantic swordfish per paying pas- in effect for that day. NMFS will annu- senger and up to six North Atlantic ally publish a schedule of RFDs in the swordfish per vessel per trip. When FEDERAL REGISTER. such vessels have been issued a com- (3) Regardless of the length of a trip, mercial sale endorsement and are on a no more than a single day’s retention non for-hire trip, they must comply limit of large medium or giant BFT with the commercial retention limits may be possessed or retained aboard a for swordfish specified at § 635.24(b)(4). vessel that has a General category At- (2) When on a for-hire trip as defined lantic Tunas permit. On days other at § 635.2, vessels issued an HMS Char- than RFDs, when the General category ter/Headboat permit under § 635.4(b), is open, no person aboard such vessel that are headboats as defined under may continue to fish, and the vessel § 600.10 of this chapter, may retain, pos- must immediately proceed to port once sess, or land no more than one North the applicable limit for large medium Atlantic swordfish per paying pas- or giant BFT is retained. senger and up to 15 North Atlantic (4) To provide for maximum utiliza- swordfish per vessel per trip. When tion of the quota for BFT, NMFS may such vessels have been issued a com- increase or decrease the daily retention mercial sale endorsement and are on a limit of large medium and giant BFT non for-hire trip, they may land no over a range from zero (on RFDs) to a more than the commercial retention maximum of five per vessel. Such in- limits for swordfish specified at crease or decrease will be based on the § 635.24(b)(4). criteria provided under § 635.27(a)(8). (3) Vessels issued an HMS Angling NMFS will adjust the daily retention category permit under § 635.4(c), may limit specified in paragraph (a)(2) of retain, possess, or land no more than this section by filing an adjustment one North Atlantic swordfish per per- with the Office of the Federal Register son and up to four North Atlantic for publication. In no case shall such swordfish per vessel per trip. adjustment be effective less than 3 cal- endar days after the date of filing with [64 FR 29135, May 28, 1999] the Office of the Federal Register, ex- EDITORIAL NOTE: For FEDERAL REGISTER ci- cept that previously designated RFDs tations affecting § 635.22, see the List of CFR may be waived effective upon closure

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of the General category fishery so that In no case shall such adjustment be ef- persons aboard vessels permitted in the fective less than 3 calendar days after General category may conduct tag-and- the date of filing with the Office of the release fishing for BFT under Federal Register. § 635.26(a). (c) HMS Charter/Headboat. Persons (b) Angling category. BFT may be re- aboard a vessel issued an HMS Charter/ tained and landed under the daily lim- Headboat permit may retain and land its and quotas applicable to the An- BFT under the daily limits and quotas gling category by persons aboard ves- applicable to the Angling category or sels issued an HMS Angling permit as the General category as follows: follows: (1) When fishing in the Gulf of Mex- (1) Large medium and giant BFT. (i) No ico, the restrictions applicable to the large medium or giant BFT may be re- Angling category specified in para- tained, possessed, landed, or sold in the graph (b)(1) of this section apply. Gulf of Mexico, except one per vessel (2) When fishing other than in the per year may be landed if caught inci- Gulf of Mexico when the fishery for the dentally to fishing for other species. General category is closed, the restric- (ii) One per vessel per year may be re- tions applicable to the Angling cat- tained, possessed, and landed outside egory specified in paragraphs (b)(1) the Gulf of Mexico. through (b)(3) of this section apply. (iii) When a large medium or giant (3) When fishing other than in the BFT has been caught and retained Gulf of Mexico and when the fishery under this paragraph (b)(1), no person under the General category has not aboard the vessel may continue to fish, been closed under § 635.28, a person the vessel must immediately proceed aboard a vessel that has been issued an to port, and no such BFT may be sold HMS Charter/Headboat permit with a or transferred to any person for a com- commercial sale endorsement may fish mercial purpose. under either the retention limits appli- (2) School, large school, or small me- cable to the General category specified dium BFT. (i) No school, large school, in paragraphs (a)(2) and (3) of this sec- or small medium BFT may be retained, tion or the retention limits applicable possessed, landed, or sold in the Gulf of to the Angling category specified in Mexico. paragraphs (b)(2) and (3) of this section. (ii) One school, large school, or small The size category of the first BFT re- medium BFT per vessel per day may be tained will determine the fishing cat- retained, possessed, or landed outside egory applicable to the vessel that day. the Gulf of Mexico. Regardless of the A person aboard a vessel that has been length of a trip, no more than a single issued an HMS Charter/Headboat with- day’s allowable catch of school, large out a commercial sale endorsement school, or small medium BFT may be permit may fish only under the reten- possessed or retained. tion limits applicable to the Angling (3) Changes to retention limits. To pro- category. vide for maximum utilization of the (d) Harpoon category. Persons aboard quota for BFT over the longest period a vessel permitted in the Atlantic of time, NMFS may increase or de- Tunas Harpoon category may retain, crease the retention limit for any size possess, or land an unlimited number class of BFT, or change a vessel trip of giant bluefin tuna per day. An inci- limit to an angler trip limit and vice dental catch of two large medium versa. Such increase or decrease in re- bluefin tuna per vessel per day may be tention limit will be based on the cri- retained, possessed, or landed, unless teria provided under § 635.27 (a)(8). The the retention limits is increased by retention limits may be adjusted sepa- NMFS through an inseason adjustment rately for persons aboard a specific ves- to three, or a maximum of four, large sel type, such as private vessels, medium bluefin tuna per vessel per headboats, or charter boats. NMFS will day, based upon the criteria under adjust the daily retention limit speci- § 635.27(a)(8). NMFS will implement an fied in paragraph (b)(2) of this section adjustment via publication in the FED- by filing an adjustment with the Office ERAL REGISTER. If adjusted upwards to of the Federal Register for publication. three or four large medium bluefin

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tuna per vessel per day, NMFS may and sell large medium and giant subsequently decrease the retention bluefin tuna taken incidentally when limit down to the default level of two, fishing for other species if in compli- based on the criteria under ance with all the IBQ requirements of § 635.27(a)(8). § 635.15, including the requirement that (e) Purse Seine category. Persons a vessel may not declare into or depart aboard a vessel permitted in the Atlan- on a fishing trip with pelagic longline tic Tunas Purse Seine category may re- onboard unless it has the required min- tain giant bluefin tuna (81 inches and imum bluefin tuna IBQ allocation re- larger), and smaller bluefin, as re- quired for the region where fishing ac- stricted by paragraphs (e)(1) and (2) of tivity will occur. this section, up to the amount of indi- (2) A vessel with pelagic longline vidual quota allocated under gear onboard must retain all dead § 635.27(a)(4)(ii). Purse seine vessel own- bluefin tuna that are 73 inches or ers who, through landing and/or leas- greater CFL. ing, have no remaining bluefin tuna (g) Trap category. Persons aboard a quota allocation may not use their per- vessel permitted in the Atlantic Tunas mitted vessels in any fishery in which Trap category may retain, possess, Atlantic bluefin tuna might be caught, land, and sell each fishing year only regardless of whether bluefin tuna are one large medium or giant BFT that is retained, unless such vessel owners taken incidentally while fishing for lease additional allocation through the other species with a pound net or fish Individual Bluefin Quota Allocation weir. No other Atlantic tunas caught Leasing Program, under § 635.15(c). Per- in a pound net or fish weir may be re- sons aboard a vessel permitted in the tained. Atlantic Tunas Purse Seine category, (1) May retain, possess, land, or sell [64 FR 29135, May 28, 1999, as amended at 65 large medium bluefin in amounts not FR 42887, July 12, 2000; 67 FR 77438, Dec. 18, 2002; 68 FR 32417, May 30, 2003; 68 FR 56788, exceeding 15 percent, by weight, of the Oct. 2, 2003; 68 FR 74511, Dec. 24, 2003; 69 FR total amount of giant bluefin landed 40758, July 6, 2004; 70 FR 10900, Mar. 7, 2005; 71 during that fishing year. FR 58169, Oct. 2, 2006; 76 FR 39031, July 5, (2) May retain, possess, or land 2011; 76 FR 74009, Nov. 30, 2011; 79 FR 71601, bluefin smaller than the large medium Dec. 2, 2014; 82 FR 57550, Dec. 6, 2017; 83 FR size class that are taken incidentally 33156, July 17, 2018] when fishing for skipjack tuna in an amount not exceeding 1 percent, by § 635.24 Commercial retention limits weight, of the skipjack tuna and yel- for sharks, swordfish, and BAYS tunas. lowfin tuna landed on that trip. Land- ings of bluefin smaller than the large The retention limits in this section medium size class may not be sold and are subject to the quotas and closure are counted against the Purse Seine provisions in §§ 635.27 and 635.28, and category bluefin quota allocated to the gear operation and deployment re- that vessel. strictions in § 635.21. (3) May fish for yellowfin, bigeye, al- (a) Sharks. (1) A person who owns or bacore, or skipjack tuna at any time; operates a vessel that has been issued a however, landings of bluefin tuna valid shark research permit under taken incidental to fisheries targeting § 635.32(f) and who has a NMFS-ap- other Atlantic tunas or in any fishery proved observer on board may retain, in which bluefin tuna might be caught possess, or land LCS, including sandbar will be deducted from the individual sharks, in excess of the retention lim- vessel’s quota. its in paragraphs (a)(2) through (6) of (f) Longline category. Persons aboard this section. The amount of LCS that a vessel permitted in the Atlantic can be landed by such a person will Tunas Longline category are subject to vary as specified on the shark research the bluefin tuna retention restrictions permit. Only a person who owns or op- in paragraphs (f)(1) and (2) of this sec- erates a vessel issued a valid shark re- tion. search permit with a NMFS-approved (1) A vessel fishing with pelagic observer on board may retain, possess, longline gear may retain, possess, land or land sandbar sharks.

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(2) The commercial retention limit possess, land, or sell no more than 8 for LCS other than sandbar sharks for blacknose sharks per vessel per trip. A a person who owns or operates a vessel person who owns or operates a vessel that has been issued a directed LAP for that has been issued a shark LAP and sharks and does not have a valid shark is operating north of 34°00′ N. lat. in research permit, or a person who owns the Atlantic region, as defined at or operates a vessel that has been § 635.27(b)(1), or a person who owns or issued a directed LAP for sharks and operates a vessel that has been issued a that has been issued a shark research shark LAP and is operating in the Gulf permit but does not have a NMFS-ap- of Mexico region, as defined at proved observer on board, may range § 635.27(b)(1), may not retain, possess, between zero and 55 LCS other than land, or sell any blacknose sharks, but sandbar sharks per vessel per trip if the may retain, possess, land, or sell non- respective LCS management group(s) is blacknose SCS if the respective non- open per §§ 635.27 and 635.28. Such per- blacknose SCS management group is sons may not retain, possess, or land open per §§ 635.27 and 635.28. sandbar sharks. At the start of each (iii) Consistent with paragraph fishing year, the default commercial (a)(4)(ii) of this section, a person who retention limit is 45 LCS other than owns or operates a vessel that has been sandbar sharks per vessel per trip un- issued an incidental shark LAP may less NMFS determines otherwise and retain, possess, land, or sell no more files with the Office of the Federal Reg- than 16 SCS and pelagic sharks, com- ister for publication notification of an bined, per vessel per trip, if the respec- inseason adjustment. During the fish- tive fishery is open per §§ 635.27 and ing year, NMFS may adjust the reten- 635.28. Of those 16 SCS and pelagic tion limit per the inseason trip limit sharks per vessel per trip, no more adjustment criteria listed in paragraph than 8 shall be blacknose sharks. (a)(8) of this section. (iv) A person who owns or operates a (3) A person who owns or operates a vessel that has been issued an HMS vessel that has been issued an inci- Commercial Caribbean Small Boat per- dental LAP for sharks and does not mit may retain, possess, or land any have a valid shark research permit, or a person who owns or operates a vessel LCS, SCS or pelagic sharks only when that has been issued an incidental LAP the HMS Commercial Caribbean Small for sharks and that has been issued a Boat permit trip limit is set above valid shark research permit but does zero. The current shark trip limit for not have a NMFS-approved observer on HMS Commercial Caribbean Small board, may retain, possess, or land no Boat permit holders is set at zero. more than 3 LCS other than sandbar (v) A person who owns or operates a sharks per vessel per trip if the respec- vessel that has been issued a directed tive LCS management group(s) is open shark LAP may retain, possess, or land per §§ 635.27 and 635.28. Such persons pelagic sharks if the pelagic shark fish- may not retain, possess, or land sand- ery is open per §§ 635.27 and 635.28. bar sharks. Shortfin mako sharks may only be re- (4)(i) A person who owns or operates tained by persons using pelagic a vessel that has been issued a directed longline gear, and only if each shark is shark LAP may retain, possess, or land dead at the time of haulback per pelagic sharks if the pelagic shark fish- § 635.21(c)(1). ery is open per §§ 635.27 and 635.28. (vi) Consistent with paragraph (ii) A person who owns or operates a (a)(4)(ii) of this section, a person who vessel that has been issued a shark owns or operates a vessel that has been LAP and is operating south of 34°00′ N. issued an incidental shark LAP may lat. in the Atlantic region, as defined retain, possess, land, or sell no more at § 635.27(b)(1), may retain, possess, than 16 SCS and pelagic sharks, com- land, or sell blacknose and non- bined, per vessel per trip, if the respec- blacknose SCS if the respective tive fishery is open per §§ 635.27 and blacknose and non-blacknose SCS man- 635.28. Of those 16 SCS and pelagic agement groups are open per §§ 635.27 sharks per vessel per trip, no more and 635.28. Such persons may retain, than 8 shall be blacknose sharks.

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Shortfin mako sharks may only be re- (i) The amount of remaining shark tained by persons using pelagic quota in the relevant area, region, or longline gear, and only if each shark is sub-region, to date, based on dealer re- dead at the time of haulback per ports; § 635.21(c)(1). (ii) The catch rates of the relevant (5) A person who owns or operates a shark species/complexes in the region vessel that has been issued a Federal or sub-region, to date, based on dealer Atlantic commercial shark permit may reports; not retain, possess, land, sell, or pur- (iii) Estimated date of fishery closure chase prohibited sharks, including any based on when the landings are pro- parts or pieces of prohibited sharks, jected to reach 80 percent of the quota which are listed in section D of Table 1 given the realized catch rates and of Appendix A to this part under pro- whether they are projected to reach 100 hibited sharks. percent before the end of the fishing (6) A person who owns or operates a season; vessel that has been issued a Federal (iv) Effects of the adjustment on ac- Atlantic commercial shark permit, and complishing the objectives of the 2006 who decides to retain sharks, must re- Consolidated HMS FMP and its amend- tain, subject to the trip limits, all ments; dead, legal-sized, non-prohibited sharks (v) Variations in seasonal distribu- that are brought onboard the vessel tion, abundance, or migratory patterns and cannot replace those sharks with of the relevant shark species based on sharks of higher quality or size that are caught later in the trip. Any fish scientific and fishery-based knowledge; that are to be released cannot be and/or brought onboard the vessel and must (vi) Effects of catch rates in one part be released in the water in a manner of a region or sub-region precluding that maximizes survival. vessels in another part of that region (7) A person who owns or operates a or sub-region from having a reasonable vessel that has been issued a Federal opportunity to harvest a portion of the commercial smoothhound permit may relevant quota. retain, possess, and land smoothhound (9) Notwithstanding other provisions sharks if the smoothhound fishery is in this subsection, possession, reten- open in accordance with §§ 635.27 and tion, transshipment, landing, sale, or 635.28. Persons aboard a vessel in a storage of silky sharks, oceanic trawl fishery that has been issued a whitetip sharks, and scalloped, smooth, Federal commercial smoothhound per- and great hammerhead sharks is pro- mit and are in compliance with all hibited on vessels issued a permit other applicable regulations, may re- under this part that have pelagic tain, possess, land, or sell incidentally- longline gear on board or on vessels caught smoothhound sharks, but only issued both an HMS Charter/Headboat up to an amount that does not exceed permit and a commercial shark permit 25 percent, by weight, of the total when tuna, swordfish or billfish are on catch on board and/or offloaded from board the vessel, offloaded from the the vessel. A vessel is in a trawl fishery vessel, or being offloaded from the ves- when it has no commercial fishing gear sel. other than trawls on board and when (10) Notwithstanding other provisions smoothhound sharks constitute no in this paragraph (a), vessels issued a more than 25 percent by weight of the permit under this part that have pe- total catch on board or offloaded from lagic longline gear on board or on ves- the vessel. sels issued both an HMS Charter/ (8) Inseason trip limit adjustment cri- Headboat permit and a commercial teria. NMFS will file with the Office of shark permit when tuna, swordfish, or the Federal Register for publication billfish are on board the vessel, notification of any inseason adjust- offloaded from the vessel, or being ments to trip limits by region or sub- offloaded from the vessel, are required region. Before making any adjustment, to release unharmed, to the extent NMFS will consider the following cri- practicable, porbeagle sharks that are teria and other relevant factors: alive at the time of haulback.

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(b) Swordfish. (1) Persons aboard a not possess, retain, or land any more vessel that has been issued an inci- swordfish than is specified for the re- dental LAP for swordfish may retain, gion in which the vessel is located. possess, land, or sell no more than 30 (iii) Regional retention limits. The swordfish per trip in or from the Atlan- swordfish regional retention limits for tic Ocean north of 5° N. lat. each region will range between zero to (2) Persons aboard a vessel in the six swordfish per vessel per trip. At the squid trawl fishery that has been start of each fishing year, the default issued an Incidental HMS squid trawl regional retention limits will apply. permit may retain, possess, land, or During the fishing year, NMFS may ad- sell no more than 15 swordfish per trip just the default retention limits per in or from the Atlantic Ocean north of the inseason regional retention limit 5° N. lat. A vessel is considered to be in adjustment criteria listed in the squid trawl fishery when it has no § 635.24(b)(4)(iv), if necessary. The de- commercial fishing gear other than fault retention limits for the regions trawls on board and when squid con- set forth under paragraph (b)(4)(i) of stitute not less than 75 percent by this section are: weight of the total fish on board or (A) Zero swordfish per vessel per trip offloaded from the vessel. for the Florida Swordfish Management (3) Persons aboard a vessel that has Area. been issued an HMS Commercial Carib- (B) Two swordfish per vessel per trip bean Small Boat vessel permit may re- for the Caribbean region. tain, possess, land, or sell no more than (C) Three swordfish per vessel per 2 swordfish per trip in or from the At- trip for the Northwest Atlantic region. lantic Ocean north of 5° N. lat. (D) Three swordfish per vessel per (4) Persons aboard a vessel that has trip for the Gulf of Mexico region. been issued a Swordfish General Com- (iv) Inseason regional retention limit mercial permit or an HMS Charter/ adjustment criteria. NMFS will file with Headboat permit with a commercial the Office of the Federal Register for sale endorsement (and only when on a publication notification of any non for-hire trip) are subject to the re- inseason adjustments to the regional gional swordfish retention limits speci- retention limits. Before making any fied at paragraph (b)(4)(iii) of this sec- inseason adjustments to regional re- tion, which may be adjusted during the tention limits, NMFS will consider the fishing year based upon the inseason following criteria and other relevant regional retention limit adjustment factors: criteria identified in paragraph (A) The usefulness of information ob- (b)(4)(iv) of this section. tained from biological sampling and (i) Regions. Regional retention limits monitoring of the North Atlantic for swordfish apply in four regions. For swordfish stock; purposes of this section, these regions (B) The estimated ability of vessels are: the Florida Swordfish Manage- participating in the fishery to land the ment Area as defined in § 635.2; the amount of swordfish quota available Northwest Atlantic region (federal wa- before the end of the fishing year; ters along the entire Atlantic coast of (C) The estimated amounts by which the United States north of 28°17′10″ N. quotas for other categories of the fish- latitude); the Gulf of Mexico region ery might be exceeded; (any water located in the EEZ in the (D) Effects of the adjustment on ac- entire Gulf of Mexico west of 82° W. complishing the objectives of the fish- longitude); and the Caribbean region ery management plan and its amend- (the U.S. territorial waters within the ments; Caribbean as defined in § 622.2 of this (E) Variations in seasonal distribu- chapter). tion, abundance, or migration patterns (ii) Vessels that have been issued a of swordfish; Swordfish General Commercial permit (F) Effects of catch rates in one re- or an HMS Charter/Headboat permit gion precluding vessels in another re- with a commercial sale endorsement gion from having a reasonable oppor- (and only when on a non for-hire trip), tunity to harvest a portion of the over- as a condition of these permits, may all swordfish quota; and

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(G) Review of dealer reports, landing and-release program. When fishing trends, and the availability of sword- under a tag-and-release program, vessel fish on the fishing grounds. owner/operators should use tags issued (c) BAYS tunas. Persons aboard a or approved by NMFS. If a BFT is vessel that has been issued an HMS tagged, the tag information, including Commercial Caribbean Small Boat per- information on any previously applied mit under § 635.4 may retain, possess, tag remaining on the fish, must be re- land, or sell no more than 10 BAYS ported to NMFS. All BFT caught under tunas per vessel per trip. the catch-and-release or tag-and-re- [64 FR 29135, May 28, 1999] lease programs must be returned to the sea immediately with a minimum of EDITORIAL NOTE: For FEDERAL REGISTER ci- injury. tations affecting § 635.24, see the List of CFR Sections Affected, which appears in the (2) Persons may obtain NMFS-issued Finding Aids section of the printed volume conventional tags, reporting cards, and and at www.fdsys.gov. detailed instructions for their use from EFFECTIVE DATE NOTE: At 83 FR 8949, Mar. the NMFS Cooperative Tagging Center. 2, 2018, § 635.24 was amended by suspending Persons may use a conventional tag ob- paragraphs (a)(4)(i) and (iii), and adding tained from a source other than NMFS paragraph (a)(4)(v) and (vi), effective Mar. 2, to tag BFT, provided the use of such 2018 through Aug. 29, 2018. At 83 FR 42452, tags is registered each year with the Aug. 22, 2018, the effective date for these Cooperative Tagging Center and the amendments was extended to Mar. 3, 2019. NMFS program manager has approved § 635.25 Fishing areas. the use of a conventional tag from that source. An angler using an alternative (a) General. Persons on board fishing source of tags wishing to tag BFT may vessels subject to the jurisdiction of contact the NMFS Cooperative Tag- the United States are authorized to ging Center at the Southeast Fishery fish for, catch, retain, or land species Science Center. governed by an international catch (3) An angler registering for the HMS sharing agreement implemented under tagging program is required to provide this part only in or from those manage- his or her name, address, phone number ment areas for which the United States and, if applicable, the identity of the has received an allocation. alternate source of tags. (b) Exemptions. Persons and vessels subject to the jurisdiction of the (b) Billfish. NMFS is encouraging fur- United States intending to fish for reg- ther catch and release of Atlantic bill- ulated species in fishing areas not oth- fish by establishing a recreational erwise authorized under this part, catch-and-release fishery management whether for the purposes of scientific program, consistent with the guidance research or commercial fishing under a of § 600.350(c). chartering arrangement, must have a (c) Sharks. Notwithstanding the other permit from NMFS issued under provisions of this part, a person may § 635.32. fish for white sharks (Carcharodon (c) Atlantic bluefin tuna. No person carcharias) with rod and reel, provided aboard a U.S. fishing vessel shall fish the person releases such fish to the sea for bluefin tuna in, or possess on board immediately with a minimum of in- that fishing vessel a bluefin tuna taken jury, and that such fish may not be re- from, the Mediterranean Sea. moved from the water. [67 FR 70026, Nov. 20, 2002] [64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 70 FR 10900, Mar. 7, § 635.26 Catch and release. 2005] (a) BFT. (1) Notwithstanding the other provisions of this part, a person § 635.27 Quotas. aboard a vessel issued a permit under (a) Bluefin tuna. Consistent with this part, other than a person aboard a ICCAT recommendations, and with vessel permitted in the General cat- paragraph (a)(10)(iv) of this section, egory on a designated RFD, may fish NMFS may subtract the most recent, with rod and reel or handline gear for complete, and available estimate of BFT under a catch-and-release or tag- dead discards from the annual U.S.

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bluefin tuna quota, and make the re- (A) January 1 through the effective mainder available to be retained, pos- date of a closure notice filed by NMFS sessed, or landed by persons and vessels announcing that the January subquota subject to U.S. jurisdiction. The re- is reached, or projected to be reached maining baseline annual U.S. bluefin under § 635.28(a)(1), or through March tuna quota will be allocated among the 31, whichever comes first—5.3 percent General, Angling, Harpoon, Purse (24.7 mt); Seine, Longline, Trap, and Reserve cat- (B) June 1 through August 31—50 per- egories, as described in this section. cent (233.3 mt); Bluefin tuna quotas are specified in (C) September 1 through September whole weight. The baseline annual U.S. 30—26.5 percent (123.7 mt); bluefin tuna quota is 1,058.79 mt, not (D) October 1 through November 30— including an additional annual 25-mt allocation provided in paragraph (a)(3) 13 percent (60.7 mt); and of this section. The bluefin quota for (E) December 1 through December the quota categories is calculated 31—5.2 percent (24.3 mt). through the following process. First, 68 (ii) NMFS may adjust each period’s mt is subtracted from the baseline an- apportionment based on overharvest or nual U.S. bluefin tuna quota and allo- underharvest in the prior period, and cated to the Longline category quota. may transfer subquota from one time Second, the remaining quota is divided period to another time period, earlier among the categories according to the in the year, through inseason action or following percentages: General—47.1 annual specifications. For example, percent (466.7 mt); Angling—19.7 per- subquota could be transferred from the cent (195.2 mt), which includes the December 1 through December 31 time school bluefin tuna held in reserve as period to the January time period; or described under paragraph (a)(7)(ii) of from the October 1 through November this section; Harpoon—3.9 percent (38.6 30 time period to the September time mt); Purse Seine—18.6 percent (184.3 period. This inseason adjustment may mt); Longline—8.1 percent (80.3 mt) occur prior to the start of that year. In plus the 68-mt allocation (i.e., 148.3 mt other words, although subject to the total not including the 25-mt alloca- inseason criteria under paragraph (a)(8) tion from paragraph (a)(3)); Trap—0.1 of this section, the adjustment could percent (1.0 mt); and Reserve—2.5 per- occur prior to the start of the fishing cent (24.8 mt). NMFS may make year. For example, an inseason action inseason and annual adjustments to transferring the 2016 December 1 quotas as specified in paragraphs (a)(9) through December 31 time period and (10) of this section, including quota subquota to the 2016 January 1 time pe- adjustments as a result of the annual riod subquota could be filed in 2015. reallocation of Purse Seine quota de- (iii) When the General category fish- scribed under paragraph (a)(4)(v) of this section. ery has been closed in any quota period (1) General category quota. (i) Catches specified under paragraph (a)(1)(i) of from vessels for which General cat- this section, NMFS will publish a clo- egory Atlantic Tunas permits have sure action as specified in § 635.28. The been issued and certain catches from subsequent time-period subquota will vessels for which an HMS Charter/ automatically open in accordance with Headboat permit with a commercial the dates specified under paragraph sale endorsement has been issued are (a)(1)(i) of this section. counted against the General category (2) Angling category quota. In accord- quota in accordance with § 635.23(c)(3). ance with the framework procedures of Pursuant to paragraph (a) of this sec- the Consolidated HMS FMP, prior to tion, the amount of large medium and each fishing year, or as early as fea- giant bluefin tuna that may be caught, sible, NMFS will establish the Angling retained, possessed, landed, or sold category daily retention limits. In ac- under the General category quota is cordance with paragraph (a) of this sec- 466.7 mt, and is apportioned as follows, tion, the total amount of bluefin tuna unless modified as described under that may be caught, retained, pos- paragraph (a)(1)(ii) of this section: sessed, and landed by anglers aboard

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vessels for which an HMS Angling per- 148.3 mt. In addition, 25 mt shall be al- mit or an HMS Charter/Headboat per- located for incidental catch by pelagic mit has been issued is 195.2 mt. No longline vessels fishing in the North- more than 2.3 percent (4.5 mt) of the east Distant gear restricted area, and annual Angling category quota may be subject to the restrictions under large medium or giant bluefin tuna. In § 635.15(b)(8). addition, over each two-consecutive- (4) Purse Seine category quota—(i) year period (starting with 2015–2016), no Baseline Purse Seine quota. Pursuant to more than 10 percent of the annual paragraph (a) of this section, the base- U.S. bluefin tuna quota, inclusive of line amount of large medium and giant the allocation specified in paragraph bluefin tuna that may be caught, re- (a)(3) of this section, may be school tained, possessed, or landed by vessels bluefin tuna (i.e., 108.4 mt). The An- that possess Atlantic Tunas Purse gling category quota includes the Seine category permits is 184.3 mt, un- amount of school bluefin tuna held in less adjusted as a result of inseason reserve under paragraph (a)(7)(ii) of and/or annual adjustments to quotas as this section. The size class subquotas specified in paragraphs (a)(9) and (10) of for bluefin tuna are further subdivided this section; or adjusted (prior to allo- as follows: cation to individual participants) based (i) After adjustment for the school on the previous year’s catch as de- bluefin tuna quota held in reserve scribed under paragraph (a)(4)(v) of this (under paragraph (a)(7)(ii) of this sec- section. Annually, NMFS will make a tion), 52.8 percent (46.6 mt) of the determination when the Purse Seine school bluefin tuna Angling category fishery will start, based on variations quota may be caught, retained, pos- in seasonal distribution, abundance or sessed, or landed south of 39°18′ N. lat. migration patterns of bluefin tuna, cu- The remaining school bluefin tuna An- mulative and projected landings in gling category quota (41.7 mt) may be other commercial fishing categories, caught, retained, possessed or landed the potential for gear conflicts on the north of 39°18′ N. lat. fishing grounds, or market impacts due (ii) An amount equal to 52.8 percent to oversupply. NMFS will start the (43.5 mt) of the large school/small me- dium bluefin tuna Angling category bluefin tuna purse seine season be- quota may be caught, retained, pos- tween June 1 and August 15, by filing sessed, or landed south of 39°18′ N. lat. an action with the Office of the Federal The remaining large school/small me- Register, and notifying the public. The dium bluefin tuna Angling category Purse Seine category fishery closes on quota (38.9 mt) may be caught, re- December 31 of each year. tained, possessed or landed north of (ii) Allocation of bluefin quota to Purse 39°18′ N. lat. Seine category participants. Annually, (iii) One third (1.5 mt) of the large NMFS will make equal allocations of medium and giant bluefin tuna Angling the baseline Purse Seine category category quota may be caught re- quota described under paragraph tained, possessed, or landed, in each of (a)(4)(i) of this section to individual the three following geographic areas: Purse Seine participants (i.e., 36.9 mt North of 39°18′ N. lat.; south of 39°18′ N. each), then make further determina- lat., and outside of the Gulf of Mexico; tions regarding the allocations per and in the Gulf of Mexico. For the pur- paragraph (a)(4)(v) of this section. Allo- poses of this section, the Gulf of Mex- cations of individual bluefin quota to ico region includes all waters of the individual Purse Seine participants U.S. EEZ west and north of the bound- may only be transferred through leas- ary stipulated at 50 CFR 600.105(c). ing in accordance with procedures and (3) Longline category quota. Pursuant requirements at § 635.15(c) and other re- to paragraph (a) of this section, the quirements under this paragraph (a)(4). total amount of large medium and (iii) Duration. Bluefin tuna quota al- giant bluefin tuna that may be caught, location issued under this section is discarded dead, or retained, possessed, valid for the relevant fishing year un- or landed by vessels that possess Atlan- less it is revoked, suspended, or modi- tic Tunas Longline category permits is fied or unless the Atlantic Tunas Purse

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Seine category quota is closed per 70 percent of his/her individual baseline § 635.28(a). quota allocation, that Purse Seine cat- (iv) Unused bluefin allocation. Any egory participant would be allocated quota allocation that is unused at the 100 percent of his/her individual base- end of the fishing year may not be car- line quota allocation in year two, and ried forward by a Purse Seine partici- no quota would be transferred to the pant to the following year, but would Reserve category for that year. These remain associated with the Purse Seine criteria would apply following the category as a whole, and subject to the same pattern in years two and beyond. quota regulations under § 635.27, includ- (B) Purse Seine category participants ing annual quota adjustments. may only lease to eligible IBQ partici- (v) Annual reallocation of Atlantic pants allocated quota available to Tunas Purse Seine category quota. (A) By them that year, consistent with the the end of each year, NMFS will deter- purse seine allocation availability pro- mine the amount of quota available to visions in this section. For example, if each Atlantic Tunas Purse Seine cat- a Purse Seine category participant was egory participant for the upcoming allocated 50 percent of his/her baseline fishing year, based on his/her bluefin quota, he/she would be able to catch catch (landings and dead discards). and/or lease that allocation to an eligi- Specifically, NMFS will allocate each ble IBQ participant. The individual Atlantic Tunas Purse Seine category participant’s remaining baseline quota participant either 100 percent, 75 per- would not be available to lease but cent, 50 percent, or 25 percent of his/her would be transferred to the Reserve individual baseline quota allocation, category. Allocation of less than 100% described in paragraph (a)(4)(ii) of this of a participant’s baseline quota (i.e., 25 section, according to the following cri- percent, 50 percent, or 75 percent) does teria: if the Purse Seine participant’s not preclude the participant from leas- catch in year one ranges from 0 to 20 ing additional quota, as needed, con- percent of his/her individual baseline sistent with § 635.15(c). quota allocation, as described under (C) NMFS will inform each Atlantic paragraph (a)(4)(ii) of this section, the Tunas Purse Seine category partici- Purse Seine category participant would pant annually of its determination re- be allocated 25 percent of his/her indi- garding the amount of individual quota vidual baseline quota allocation in allocated for the subsequent year year two, and 75 percent of his/her indi- through the electronic IBQ system es- vidual allocation would be reallocated tablished under § 635.15 and in writing to the Reserve category for that year. via a permit holder letter, when NMFS Similarly, if the Purse Seine partici- has the complete catch data for the pant’s catch in year one is from greater Purse Seine fishery. than 20 percent up to 45 percent of his/ (5) Harpoon category quota. The total her individual baseline quota alloca- amount of large medium and giant tion, that Purse Seine category partici- bluefin tuna that may be caught, re- pant would be allocated 50 percent of tained, possessed, landed, or sold by his/her individual baseline quota allo- vessels that possess Harpoon category cation in year two, and 50 percent of Atlantic Tunas permits is 38.6 mt. The his/her individual allocation would be Harpoon category fishery commences reallocated to the Reserve category for on June 1 of each year, and closes on that year. If the Purse Seine partici- November 15 of each year. pant’s catch in year one is from greater (6) Trap category quota. The total than 45 percent up to 70 percent of his/ amount of large medium and giant her individual baseline quota alloca- bluefin tuna that may be caught, re- tion, that Purse Seine category partici- tained, possessed, or landed by vessels pant would be allocated 75 percent of that possess Trap category Atlantic his/her individual baseline quota allo- Tunas permits is 1.0 mt. cation in year two, and 25 percent of (7) Reserve category quota. (i) The his/her individual allocation would be total amount of bluefin tuna that is transferred to the Reserve category for held in reserve for inseason or annual that year. If the Purse Seine partici- adjustments and research using quota pant’s catch in year one is greater than or subquotas is 24.8 mt, which may be

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augmented by allowable underharvest to harvest a portion of the category’s from the previous year, or annual re- quota. allocation of Purse Seine category (ix) Review of dealer reports, daily quota as described under paragraph landing trends, and the availability of (a)(4)(v) of this section. Consistent with the BFT on the fishing grounds. paragraphs (a)(8) through (10) of this (x) Optimize fishing opportunity. section, NMFS may allocate any por- (xi) Account for dead discards. tion of the Reserve category quota for (xii) Facilitate quota accounting. inseason or annual adjustments to any (xiii) Support other fishing moni- fishing category quota. toring programs through quota alloca- (ii) The total amount of school tions and/or generation of revenue. bluefin tuna that is held in reserve for (xiv) Support research through quota inseason or annual adjustments and allocations and/or generation of rev- fishery-independent research is 18.5 enue. percent (20.1 mt) of the total school (9) Inseason adjustments. To be effec- bluefin tuna Angling category quota as tive for all, or a part of a fishing year, described under paragraph (a)(2) of this NMFS may transfer quotas specified section. This amount is in addition to under this section, among fishing cat- the amounts specified in paragraph egories or, as appropriate, subcat- (a)(7)(i) of this section. Consistent with egories, based on the criteria in para- paragraph (a)(8) of this section, NMFS graph (a)(8) of this section. may allocate any portion of the school (10) Annual adjustments. (i) Adjust- bluefin tuna Angling category quota ments to category quotas specified held in reserve for inseason or annual under paragraphs (a) (1) through (7) of adjustments to the Angling category. this section may be made in accord- (8) Determination criteria. NMFS will ance with the restrictions of this para- file with the Office of the Federal Reg- graph and ICCAT recommendations. ister for publication notification of any Based on landing, catch statistics, inseason or annual adjustments. Before other available information, and in making any adjustment, NMFS will consideration of the criteria in para- consider the following criteria and graph (a)(8) of this section, if NMFS de- other relevant factors: termines that a bluefin quota for any (i) The usefulness of information ob- category or, as appropriate, sub- tained from catches in the particular category has been exceeded (overhar- category for biological sampling and vest), NMFS may subtract all or a por- monitoring of the status of the stock. tion of the overharvest from that quota (ii) The catches of the particular cat- category or subcategory for the fol- egory quota to date and the likelihood lowing fishing year. If NMFS deter- of closure of that segment of the fish- mines that a bluefin quota for any cat- ery if no adjustment is made. egory or, as appropriate, subcategory (iii) The projected ability of the ves- has not been reached (underharvest), sels fishing under the particular cat- NMFS may add all or a portion of the egory quota to harvest the additional underharvest to, that quota category amount of BFT before the end of the or subcategory, and/or the Reserve cat- fishing year. egory for the following fishing year. (iv) The estimated amounts by which The underharvest that is carried for- quotas for other gear categories of the ward may not exceed 100 percent of fishery might be exceeded. each category’s baseline allocation (v) Effects of the adjustment on BFT specified in paragraph (a) of this sec- rebuilding and overfishing. tion, and the total of the adjusted fish- (vi) Effects of the adjustment on ac- ing category quotas and the Reserve complishing the objectives of the fish- category quota are consistent with ery management plan. ICCAT recommendations. Although (vii) Variations in seasonal distribu- quota may be carried over for the tion, abundance, or migration patterns Longline or Purse Seine categories as a of BFT. whole (at the category level), indi- (viii) Effects of catch rates in one vidual fishery participants that have area precluding vessels in another area been allocated individual quota may from having a reasonable opportunity not carry over such quota from one

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year to the next, as specified under part, may be retained except as author- § 635.15(b)(6) and (7) for the pelagic ized under § 635.32. For the purposes of longline fishery, and under paragraph this section, the boundary between the (a)(4)(iv) of this section for the purse Gulf of Mexico region and the Atlantic seine fishery. region is defined as a line beginning on (ii) NMFS may allocate any quota re- the east coast of Florida at the main- maining in the Reserve category at the land at 25°20.4′ N. lat., proceeding due end of a fishing year to any fishing cat- east. Any water and land to the south egory, provided such allocation is con- and west of that boundary is consid- sistent with the determination criteria ered, for the purposes of quota moni- specified in paragraph (a)(8) of this sec- toring and setting of quotas, to be tion. within the Gulf of Mexico region. Any (iii) Regardless of the estimated water and land to the north and east of landings in any year, NMFS may ad- that boundary, for the purposes of just the annual school bluefin quota to quota monitoring and setting of ensure that the average take of school quotas, is considered to be within the bluefin over each ICCAT-recommended Atlantic region. balancing period does not exceed 10 (i) Commercial quotas that apply only percent by weight of the total annual in the Atlantic Region. The commercial U.S. bluefin quota, inclusive of the al- quotas specified in this paragraph location specified in paragraph (a)(3) of (b)(1)(i) apply only to those species of this section (NED), for that period, sharks and management groups within consistent with ICCAT recommenda- the management unit that were har- tions. vested in the Atlantic region, as de- (iv) NMFS may subtract the best fined in paragraph (b)(1) of this section. available estimate of dead discards (A) Atlantic aggregated LCS. The base from the amount of BFT that can be annual commercial quota for Atlantic landed in the subsequent fishing year aggregated LCS is 168.9 mt dw. by those categories accounting for the (B) Atlantic hammerhead sharks. The dead discards. regional base annual commercial quota (v) NMFS will file any annual adjust- for hammerhead sharks caught in the ment with the Office of the Federal Atlantic region is 27.1 mt dw (51.7% of Register for publication and specify the the overall base quota established in basis for any quota reductions or in- paragraph (b)(1)(iii) of this section). creases made pursuant to this para- (C) Atlantic non-blacknose SCS. The graph (a)(10). base annual commercial quota for At- (b) Sharks—(1) Commercial quotas. The lantic non-blacknose SCS is 264.1 mt commercial quotas for sharks specified dw. in this section apply to all sharks har- (D) Atlantic blacknose sharks. The base vested from the management unit, re- annual commercial quota for Atlantic gardless of where harvested. Sharks blacknose sharks is 17.2 mt dw. caught and landed commercially from Blacknose sharks may only be har- state waters, even by fishermen with- vested for commercial purposes in the out Federal shark permits, must be Atlantic region south of 34°00′ N. lat. counted against the appropriate com- The harvest of blacknose sharks by mercial quota. Any of the base quotas persons aboard a vessel that has been listed below, including regional and/or issued or should have been issued a sub-regional base quotas, may be ad- shark LAP and that is operating north justed per paragraph (b)(2) of this sec- of 34°00′ N. lat. is prohibited. tion. Any sharks landed commercially (E) Atlantic smoothhound sharks. The as ‘‘unclassified’’ will be counted base annual commercial quota for At- against the appropriate quota based on lantic smoothhound sharks is 1,201.7 the species composition calculated mt dw. from data collected by observers on (ii) Commercial quotas that apply only non-research trips and/or dealer data. in the Gulf of Mexico Region. The com- No prohibited sharks, including parts mercial quotas specified in this para- or pieces of prohibited sharks, which graph (b)(1)(ii) apply only to those spe- are listed under heading D, Prohibited cies of sharks and management groups Sharks, of Table 1 of appendix A to this within the management unit that were

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harvested in the Gulf of Mexico region, issued a shark LAP and that is oper- as defined in paragraph (b)(1) of this ating in the Gulf of Mexico region is section. The Gulf of Mexico region is prohibited. further split into western and eastern (F) Gulf of Mexico smoothhound Gulf of Mexico sub-regions by a bound- sharks. The base annual commercial ary that is drawn along 88°00′ W. long. quota for Gulf of Mexico smoothhound All sharks harvested within the Gulf of sharks is 336.4 mt dw. Mexico region in fishing catch areas in (iii) Commercial quotas that apply in waters westward of 88°00′ W. long. are all regions. The commercial quotas considered to be from the western Gulf specified in this section apply to any of Mexico sub-region, and all sharks sharks or management groups within harvested within the Gulf of Mexico re- the management unit that were har- gion in fishing catch areas in waters vested in either the Atlantic or Gulf of east of 88°00′ W. long., including within Mexico regions. the Caribbean Sea, are considered to be (A) Sandbar sharks. The base annual from the eastern Gulf of Mexico sub-re- commercial quota for sandbar sharks is gion. 90.7 mt dw. This quota, as adjusted per (A) Gulf of Mexico aggregated LCS. The paragraph (b)(2) of this section, is base annual commercial quota for Gulf available only to the owners of com- of Mexico aggregated LCS is 157.5 mt mercial shark vessels that have been dw. The eastern Gulf of Mexico sub-re- issued a valid shark research permit gion base quota is 85.5 mt dw (54.3% of and that have a NMFS-approved ob- the Gulf of Mexico region base quota) server onboard. and the western Gulf of Mexico sub-re- (B) Research LCS. The base annual gion base quota is 72.0 mt dw (45.7% of commercial quota for Research LCS is the Gulf of Mexico region base quota). 50 mt dw. This quota, as adjusted per (B) Gulf of Mexico hammerhead sharks. paragraph (b)(2) of this section, is The regional base annual commercial available only to the owners of com- quota for hammerhead sharks caught mercial shark vessels that have been in the Gulf of Mexico region is 25.3 mt issued a valid shark research permit dw (48.3% of the overall base quota es- and that have a NMFS-approved ob- tablished in paragraph (b)(1)(iii) of this server onboard. section). The eastern Gulf of Mexico (C) Hammerhead sharks. The overall sub-region base quota is 13.4 mt dw base annual commercial quota for (52.8% of this regional base quota) and hammerhead sharks is 52.4 mt dw. This the western Gulf of Mexico sub-region overall base quota is further split for base quota is 11.9 mt dw (47.2% of this management purposes between the re- regional base quota). gions defined in paragraphs (b)(1)(i) and (C) Gulf of Mexico blacktip sharks. The (ii) of this section. base annual commercial quota for Gulf (D) Pelagic sharks. The base annual of Mexico blacktip sharks is 256.6 mt commercial quotas for pelagic sharks dw. The eastern Gulf of Mexico sub-re- are 273.0 mt dw for blue sharks, 1.7 mt gion base quota is 25.1 mt dw (9.8% of dw for porbeagle sharks, and 488.0 mt the Gulf of Mexico region base quota) dw for pelagic sharks other than blue and the western Gulf of Mexico sub-re- sharks or porbeagle sharks. gion base quota is 231.5 mt dw (90.2% of (2) Annual and inseason adjustments of the Gulf of Mexico region base quota). commercial quotas. NMFS will publish in (D) Gulf of Mexico non-blacknose SCS. the FEDERAL REGISTER any annual or The base annual commercial quota for inseason adjustments to the base an- Gulf of Mexico non-blacknose SCS is nual commercial overall, regional, or 112.6 mt dw. This base quota is not split sub-regional quotas. No quota will be between the eastern and western Gulf available, and the fishery will not of Mexico sub-regions. open, until any adjustments are pub- (E) Gulf of Mexico blacknose sharks. lished in the FEDERAL REGISTER and ef- The base annual commercial quota for fective. Within a fishing year or at the Gulf of Mexico blacknose sharks is 0.0 start of a fishing year, NMFS may mt dw. The harvest of blacknose transfer quotas between regions and sharks by persons aboard a vessel that sub-regions of the same species or man- has been issued or should have been agement group, as appropriate, based

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on the criteria in paragraph (b)(2)(iii) lowing year and the regional quota will of this section. be determined as specified in paragraph (i) Annual overharvest adjustments— (b)(1) of this section. If both a regional (A) Adjustments of annual overall and re- quota(s) and the overall quota is ex- gional base quotas. Except as noted in ceeded, for each region in which an this section, if any of the available overharvest occurred, NMFS will de- commercial base or adjusted overall duct an amount equivalent to that re- quotas or regional quotas, as described gion’s overharvest from that region’s in this section, is exceeded in any fish- quota the following fishing year or, de- ing year, NMFS will deduct an amount pending on the level of overharvest(s), equivalent to the overharvest(s) from NMFS may deduct from that region’s the base overall or regional quota the base quota an amount equivalent to following fishing year or, depending on the overharvest spread over a number the level of overharvest(s), NMFS may of subsequent fishing years to a max- deduct from the overall or regional imum of five years. If a sub-regional base quota an amount equivalent to quota of a species or management the overharvest(s) spread over a num- group that is split into regions for ber of subsequent fishing years to a management purposes only is exceeded, maximum of five years. If the blue NMFS will follow the procedures speci- shark quota is exceeded, NMFS will re- fied in paragraph (b)(2)(i)(B) of this sec- duce the annual commercial quota for tion. pelagic sharks by the amount that the (ii) Annual underharvest adjustments. blue shark quota is exceeded prior to Except as noted in this paragraph the start of the next fishing year or, (b)(2)(ii), if any of the annual base or depending on the level of overhar- adjusted quotas, including regional vest(s), deduct an amount equivalent quotas, as described in this section is to the overharvest(s) spread over a not harvested, NMFS may adjust the number of subsequent fishing years to annual base quota, including regional a maximum of five years. quotas, depending on the status of the (B) Adjustments to sub-regional quotas. stock or management group. If a spe- If a sub-regional quota is exceeded but cies or a specific species within a man- the regional quota is not, NMFS will agement group is declared to be over- not reduce the annual regional base fished, to have overfishing occurring, quota the following year and sub-re- or to have an unknown status, NMFS gional quotas will be determined as may not adjust the following fishing specified in paragraph (b)(1) of this sec- year’s base quota, including regional tion. If both a sub-regional quota(s) quota, for any underharvest, and the and the regional quota are exceeded, following fishing year’s quota will be for each sub-region in which an over- equal to the base annual quota. If the harvest occurred, NMFS will deduct an species or all species in a management amount equivalent to that sub-region’s group is not declared to be overfished, overharvest from that sub-region’s to have overfishing occurring, or to quota the following fishing year or, de- have an unknown status, NMFS may pending on the level of overharvest, increase the following year’s base an- NMFS may deduct from that sub-re- nual quota, including regional quota, gion’s base quota an amount equiva- by an equivalent amount of the under- lent to the overharvest spread over a harvest up to 50 percent above the base number of subsequent fishing years to annual quota. Except as noted in para- a maximum of five years. graph (b)(2)(iii) of this section, under- (C) Adjustments to quotas when the spe- harvests are not transferable between cies or management group is split into re- regions, species, and/or management gions or sub-regions for management pur- groups. poses and not as a result of a stock assess- (iii) Determination criteria for inseason ment. If a regional quota for a species and annual quota transfers between re- that is split into regions for manage- gions and sub-regions. Inseason or an- ment purposes only is exceeded but the nual quota transfers of quotas between overall quota is not, NMFS will not re- regions or sub-regions may be con- duce the overall base quota for that ducted only for species or management species or management group the fol- groups where the species are the same

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between regions or sub-regions and the vests experienced during the previous quota is split between regions or sub- commercial shark fishing seasons; regions for management purposes and (ii) Estimated season length based on not as a result of a stock assessment. available quota(s) and average weekly Before making any inseason or annual catch rates of different species and/or quota transfer between regions or sub- management group from the previous regions, NMFS will consider the fol- years; lowing criteria and other relevant fac- (iii) Length of the season for the dif- tors: ferent species and/or management (A) The usefulness of information ob- group in the previous years and wheth- tained from catches in the particular er fishermen were able to participate management group for biological sam- in the fishery in those years; pling and monitoring of the status of (iv) Variations in seasonal distribu- the respective shark species and/or tion, abundance, or migratory patterns management group; of the different species/management (B) The catches of the particular spe- groups based on scientific and fishery cies and/or management group quota to information; date and the likelihood of closure of (v) Effects of catch rates in one part that segment of the fishery if no ad- of a region precluding vessels in an- justment is made; other part of that region from having a (C) The projected ability of the ves- reasonable opportunity to harvest a sels fishing under the particular spe- portion of the different species and/or cies and/or management group quota to management quotas; harvest the additional amount of cor- (vi) Effects of the adjustment on ac- responding quota before the end of the complishing the objectives of the 2006 fishing year; Consolidated HMS FMP and its amend- (D) Effects of the adjustment on the ments; and/or, status of all shark species; (E) Effects of the adjustment on ac- (vii) Effects of a delayed opening complishing the objectives of the fish- with regard to fishing opportunities in ery management plan; other fisheries. (F) Variations in seasonal distribu- (4) Public display and non-specific re- tion, abundance, or migration patterns search quotas. All sharks collected of the appropriate shark species and/or under the authority of a display permit management group; or EFP, subject to restrictions at (G) Effects of catch rates in one area § 635.32, will be counted against the fol- precluding vessels in another area from lowing: having a reasonable opportunity to (i) The base annual quota for persons harvest a portion of the quota; and/or who collect LCS other than sandbar, (H) Review of dealer reports, daily SCS, pelagic sharks, blue sharks, landing trends, and the availability of porbeagle sharks, or prohibited species the respective shark species and/or under a display permit or EFP is 57.2 management group on the fishing mt ww (41.2 mt dw). grounds. (ii) The base annual quota for persons (3) Opening commercial fishing season who collect sandbar sharks under a dis- criteria. NMFS will file with the Office play permit is 1.4 mt ww (1.0 mt dw) of the Federal Register for publication and under an EFP is 1.4 mt ww (1.0 mt notification of the opening dates of the dw). overall, regional, and sub-regional (iii) No persons may collect dusky shark fisheries for each species and sharks under a display permit. Collec- management group. Before making any tion of dusky sharks for research under decisions, NMFS would consider the EFPs and/or SRPs may be considered following criteria and other relevant on a case-by-case basis and any associ- factors in establishing the opening ated mortality would be deducted from dates: the shark research and display quota. (i) The available annual quotas for (iv) The base annual quota for per- the current fishing season for the dif- sons who collect smoothhound sharks ferent species/management groups under a display permit or EFP is 6 mt based on any over- and/or underhar- ww (4.3 mt dw).

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(c) Swordfish—(1) Categories. Con- Caribbean Small Boat permit, a Sword- sistent with ICCAT recommendations, fish General Commercial open access the fishing year’s total amount of permit, or an HMS Charter/Headboat swordfish that may be caught, re- permit with a commercial sale endorse- tained, possessed, or landed by persons ment (when on a non for-hire trip) has and vessels subject to U.S. jurisdiction been issued, is counted against the in- is divided into quotas for the North At- cidental category quota. The annual lantic swordfish stock and the South incidental category quota is 300 mt dw Atlantic swordfish stock. The quota for for each fishing year. the North Atlantic swordfish stock is (C) All swordfish discarded dead from further divided into equal semi-annual U.S. fishing vessels, regardless of directed fishery quotas, an annual inci- whether such vessels are permitted dental catch quota for fishermen tar- under this part, shall be counted geting other species or taking sword- against the annual directed fishing fish recreationally, and a reserve cat- quota. egory. (D) Fifty (50) mt of the annual fish- (i) North Atlantic swordfish. (A) A ery quota of North Atlantic swordfish swordfish from the North Atlantic may be held in reserve for inseason ad- stock caught prior to the directed fish- justments to fishing categories, to ery closure by a vessel for which a di- compensate for projected or actual rected swordfish LAP, a swordfish overharvest in any category, for fish- handgear LAP, an HMS Commercial ery research, or for other purposes con- Caribbean Small Boat permit, a Sword- sistent with management objectives. fish General Commercial open access (E) In the event of an overharvest of permit, or an HMS Charter/Headboat South Atlantic swordfish, up to 150.4 permit with a commercial sale endorse- mt dw of swordfish landed between 5 ment (and only when on a non for-hire degrees North and 5 degrees South lati- trip) has been issued or is required to tude may be applied against the North have been issued is counted against the Atlantic swordfish quota. Otherwise, directed fishery quota. The total base- swordfish landed from this area shall line annual fishery quota, before any be applied against the South Atlantic adjustments, is 2,937.6 mt dw for each swordfish quota. For example, if the fishing year. Consistent with applica- South Atlantic swordfish quota were ble ICCAT recommendations, a portion 100 mt dw, and 50 mt dw were landed of the total baseline annual fishery between 5 degrees North and 5 degrees quota may be used for transfers to an- South latitude, and 75 mt dw were other ICCAT contracting party. The caught south of 5 degrees South lati- annual directed category quota is cal- tude, then 25 mt dw of the swordfish culated by adjusting for over- or under caught between 5 degrees North and 5 harvests, dead discards, any applicable degrees South latitude would be ap- transfers, the incidental category plied against the North Atlantic sword- quota, the reserve quota and other ad- fish quota. If only 25 mt dw of sword- justments as needed, and is subdivided fish were caught between 5 degrees into two equal semiannual periods: One North and 5 degrees South latitude, for January 1 through June 30, and the and 150 mt dw of swordfish were caught other for July 1 through December 31. south of 5 degrees South latitude, 25 mt (B) A swordfish from the North At- dw would be applied against the North lantic swordfish stock landed by a ves- Atlantic swordfish quota. The remain- sel for which an incidental swordfish ing 50 mt dw overharvest would be LAP, an incidental HMS Squid Trawl counted against the following year’s permit, an HMS Angling permit, or an South Atlantic swordfish quota. HMS Charter/Headboat permit (and (ii) South Atlantic Swordfish. The an- only when on a for-hire trip) has been nual directed fishery quota for the issued, or a swordfish from the North South Atlantic swordfish stock is 75.2 Atlantic stock caught after the effec- mt dw. After December 31, 2007, the an- tive date of a closure of the directed nual quota is subdivided into two equal fishery from a vessel for which a sword- semi-annual quotas of 37.6 mt dw: one fish directed LAP, a swordfish for January 1 through June 30, and the handgear LAP, an HMS Commercial other for July 1 through December 31.

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The entire quota for the South Atlan- ings above or below the specific North tic swordfish stock is reserved for ves- Atlantic or South Atlantic swordfish sels with pelagic longline gear onboard annual quota will be subtracted from, and that have been issued a directed or added to, the following year’s quota fishery permit for swordfish. No person for that area. As necessary to meet may retain swordfish caught incidental management objectives, such adjust- to other fishing activities or with other ments may be apportioned to fishing fishing gear in the Atlantic Ocean categories and/or to the reserve. Carry- south of 5 degrees North latitude. over adjustments for the North Atlan- (2) Inseason adjustments. (i) NMFS tic shall be limited to 15 percent of the may adjust the July 1 through Decem- annual baseline quota allocation. Car- ber 31 semiannual directed fishery ryover adjustments for the South At- quota or, as applicable, the reserve cat- lantic shall be limited to 100 mt ww egory, to reflect actual directed fishery (75.2 mt dw). Any adjustments to the and incidental fishing category catches 12-month directed fishery quota will be during the January 1 through June 30 apportioned equally between the two semiannual period. semiannual fishing seasons. (ii) If NMFS determines that the an- (iii) The dressed weight equivalent of nual incidental catch quota will not be the amount by which dead discards ex- taken before the end of the fishing ceed the allowance specified at para- year, excess quota may be allocated to graph (c)(1)(i)(C) of this section will be the directed fishery quota or to the re- subtracted from the landings quota in serve, as necessary. If NMFS deter- the following fishing year or from the mines that the annual directed catch reserve category. quota will not be taken before the end (d) Atlantic blue and white marlin. (1) of the fishing year, some of the excess Unless adjusted under paragraph (d)(2) quota may be allocated to the inci- of this section or by an ICCAT rec- dental fishery quota or to the reserve, ommendation, the annual landings as necessary. limit is 250 Atlantic blue and white (iii) If NMFS determines that it is marlin, combined. Annual landings of necessary to close the directed sword- roundscale spearfish are also included fish fishery prior to the scheduled end to the blue and white marlin annual of a semi-annual fishing season, any es- landings limit. Should the U.S. rec- timated overharvest or underharvest of reational Atlantic marlin landing limit the directed fishery quota for that be adjusted by an ICCAT recommenda- semi-annual season will be used to ad- tion, NMFS will file a notice identi- just the annual incidental catch quota fying the new landing limit with the or the reserve as necessary to maintain Office of the Federal Register for publi- landings and discards within the re- cation prior to the start of the next quired annual limits. fishing year or as early as possible. (iv) NMFS will file with the Office of (2) Consistent with ICCAT rec- the Federal Register for publication ommendations and domestic manage- any inseason swordfish quota adjust- ment objectives, and based on landings ment and its apportionment to fishing statistics and other information as ap- categories or to the reserve made under propriate, if NMFS determines that ag- paragraph (c)(2) of this section. gregate landings of Atlantic blue mar- (3) Annual adjustments. NMFS will lin, white marlin, and roundscale file with the Office of the Federal Reg- spearfish exceeded the annual landings ister for publication notice of the fol- limit for a given fishing year, as estab- lowing adjustments to or apportion- lished in paragraph (d)(1) of this sec- ments of the annual quota: tion, NMFS will subtract any overhar- (i) Adjustments to the quota nec- vest from the landings limit for the fol- essary to meet the objectives of the lowing fishing year. Additionally, if Consolidated Highly Migratory Species NMFS determines that aggregate land- Fishery Management Plan consistent ings of Atlantic blue marlin, white with the quota provisions of paragraph marlin, and roundscale spearfish were (c)(1) of this section. below the annual landings limit for a (ii) If consistent with applicable given fishing year, as established in ICCAT recommendations, total land- paragraph (d)(1) of this section, NMFS

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may add any underharvest, or portion for that year. NMFS will file with the thereof, to the landings limit for the Office of the Federal Register for publi- following fishing year. Such adjust- cation any adjustment or apportion- ments to the annual recreational mar- ment made under this paragraph (e)(2). lin landings limit, as specified in para- [64 FR 29135, May 28, 1999] graph (d)(1) of this section, if nec- essary, will be filed with the Office of EDITORIAL NOTE: For FEDERAL REGISTER ci- the Federal Register for publication tations affecting § 635.27, see the List of CFR Sections Affected, which appears in the prior to the start of the next fishing Finding Aids section of the printed volume year or as early as possible. and at www.fdsys.gov. (3) When the annual marlin landings limit specified in paragraph (d)(1) or, if § 635.28 Fishery closures. adjusted, as specified in paragraph (a) Bluefin tuna. (1) When a bluefin (d)(2) of this section is reached or pro- tuna quota specified in § 635.27(a), is jected to be reached, based upon a re- reached, or is projected to be reached, view of landings, the period of time re- NMFS will file a closure action with maining in the current fishing year, the Office of the Federal Register for current and historical landings trends, publication. On and after the effective and any other relevant factors, NMFS date and time of such action, for the will file for publication with the Office remainder of the fishing year or for a of the Federal Register and action re- specified period as indicated in the no- stricting fishing for Atlantic blue mar- tice, fishing for, retaining, possessing, lin, white marlin, and roundscale or landing bluefin tuna under that spearfish to catch-and-release fishing quota is prohibited until the opening of only. In no case shall such adjustment the subsequent quota period or until be effective less than 14 calendar days such date as specified in the notice. after the date of publication. From the (2) If NMFS determines that vari- effective date and time of such action ations in seasonal distribution, abun- until additional landings become avail- dance, or migration patterns of bluefin, able, no blue marlin, white marlin, or or the catch rate in one area, precludes roundscale spearfish from the manage- participants in another area from a ment unit may be taken, retained, or reasonable opportunity to harvest any possessed. allocated domestic category quota, as (e) Northern albacore tuna—(1) Annual stated in § 635.27(a), NMFS may close quota. Consistent with ICCAT rec- all or part of the fishery under that ommendations and domestic manage- category. NMFS may reopen the fish- ment objectives, the total baseline an- ery at a later date if NMFS determines nual fishery quota is 527 mt ww. The that reasonable fishing opportunities total quota, after any adjustments are available, e.g., bluefin have mi- made per paragraph (e)(2) of this sec- grated into the area or weather is con- tion, is the fishing year’s total amount ducive for fishing. In determining the of northern albacore tuna that may be need for any such interim closure or landed by persons and vessels subject area closure, NMFS will also take into to U.S. jurisdiction. consideration the criteria specified in (2) Annual adjustments. Consistent § 635.27(a)(8). with ICCAT recommendations and do- (3) When the Atlantic Tunas Longline mestic management objectives, and category quota is reached, projected to based on landings statistics and other be reached, or exceeded, or when there information as appropriate, if for a par- is high uncertainty regarding the esti- ticular year the total landings are mated or documented levels of bluefin above or below the annual quota for tuna catch, NMFS will file a closure that year, the difference between the action with the Office of the FEDERAL annual quota and the landings will be REGISTER for publication. On and after subtracted from, or added to, the fol- the effective date and time of such ac- lowing year’s quota, respectively, or tion, for the remainder of the fishing subtracted or added through a delayed, year or for a specified period as indi- or multi-year adjustment. Carryover cated in the closure action, vessels adjustments shall be limited to 25 per- that have been issued or are required cent of the baseline quota allocation to have a LAP under § 635.4 and that

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have pelagic longline gear onboard are (iv) The species is a prohibited spe- prohibited from leaving port, regard- cies as listed under heading D, Prohib- less of the amount of bluefin tuna ited Species of Table 1 of appendix A to quota allocation remaining to each this part; or vessel or the amount of fishery quota (v) Landings of the species and/or remaining for other species. In addition management group meet the require- to providing notice in the FEDERAL ments specified in § 635.28(b)(2) through REGISTER, NMFS will also notify ves- (5) and NMFS has closed the fishery by sels of any closures and their timing publication of a notice in the FEDERAL via VMS and may use other electronic REGISTER. methods, such as email. Vessels would (2) Non-linked quotas. If the overall, be required to return to port prior to regional, and/or sub-regional quota of a the closure date/time. When consid- species or management group is not ering whether to close or reopen the linked to another species or manage- Longline category quota, NMFS may ment group and that overall, regional, consider the following factors: and/or sub-regional quota is available (i) Total estimated bluefin tuna as specified by a publication in the catch (landings and dead discards) in FEDERAL REGISTER, then that overall, relation to the quota; regional, and/or sub-regional commer- (ii) The estimated amount by which cial fishery for the shark species or the bluefin tuna quota might be ex- management group will open as speci- ceeded; fied in § 635.27(b). When NMFS cal- (iii) The usefulness of data relevant culates that the overall, regional, and/ to monitoring the quota; or sub-regional landings for a shark (iv) The uncertainty in the docu- species and/or management group, as mented or estimated dead discards or specified in § 635.27(b)(1), has reached or landings of bluefin tuna; is projected to reach 80 percent of the (v) The amount of bluefin tuna land- applicable available overall, regional, ings or dead discards within a short and/or sub-regional quota as specified time; in § 635.27(b)(1) and is projected to reach 100 percent of the relevant quota by the (vi) The effects of continued fishing end of the fishing season, NMFS will on bluefin tuna rebuilding and over- file for publication with the Office of fishing; the Federal Register a notice of an (vii) The provision of reasonable op- overall, regional, and/or sub-regional portunity for pelagic longline vessels closure, as applicable, for that shark to pursue the target species; species and/or shark management (viii) The variations in seasonal dis- group that will be effective no fewer tribution, abundance or migration pat- than 4 days from date of filing. From terns of bluefin tuna; and the effective date and time of the clo- (viii) Other relevant factors. sure until NMFS announces, via the (b) Sharks. (1) A shark fishery that publication of a notice in the FEDERAL meets any of the following cir- REGISTER, that additional overall, re- cumstances is closed and subject to the gional, and/or sub-regional quota is requirements of paragraph (b)(6) of this available and the season is reopened, section: the overall, regional, and/or sub-re- (i) No overall, regional, and/or sub-re- gional fisheries for that shark species gional quota, as applicable, is specified or management group are closed, even at § 635.27(b)(1); across fishing years. (ii) The overall, regional, and/or sub- (3) Linked quotas. As specified in regional quota, as applicable, specified paragraph (b)(4) of this section, the at § 635.27(b)(1) is zero; overall, regional, and/or sub-regional (iii) After accounting for overhar- quotas of some shark species and/or vests as specified at § 635.27(b)(2), the management groups are linked to the overall, regional, and/or sub-regional overall, regional, and/or sub-regional quota, as applicable, is determined to quotas of other shark species and/or be zero or close to zero and NMFS has management groups. For each pair of closed the fishery by publication of a linked species and/or management notice in the FEDERAL REGISTER; groups, if the overall, regional, and/or

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sub-regional quota specified in (i) Estimated Gulf of Mexico blacktip § 635.27(b)(1) is available for both of the shark season length based on available linked species and/or management sub-regional quotas and average sub-re- groups as specified by a publication in gional weekly catch rates during the the FEDERAL REGISTER, then the over- current fishing year and from previous all, regional, and/or sub-regional com- years; mercial fishery for both of the linked (ii) Variations in regional and/or sub- species and/or management groups will regional seasonal distribution, abun- open as specified in § 635.27(b)(1). When dance, or migratory patterns of NMFS calculates that the overall, re- blacktip sharks, hammerhead sharks, gional, and/or sub-regional landings for and aggregated LCS based on scientific any species and/or management group and fishery information; of a linked group have reached or are (iii) Effects of the adjustment on ac- projected to reach 80 percent of the ap- complishing the objectives of the 2006 plicable available overall, regional, Consolidated HMS FMP and its amend- and/or sub-regional quota as specified ments; in § 635.27(b)(1) and are projected to (iv) The amount of remaining shark reach 100 percent of the relevant quota quotas in the relevant sub-regions, to before the end of the fishing season, date, based on dealer or other reports; NMFS will file for publication with the and, Office of the Federal Register a notice (v) The regional and/or sub-regional of an overall, regional, and/or sub-re- catch rates of the relevant shark spe- gional closure for all of the species and/ cies or management group(s), to date, or management groups in that linked based on dealer or other reports. group that will be effective no fewer (6) When the overall, regional, and/or than 4 days from date of filing. From sub-regional fishery for a shark species the effective date and time of the clo- and/or management group is closed, a sure until NMFS announces, via the fishing vessel, issued a Federal Atlan- publication of a notice in the FEDERAL tic commercial shark permit pursuant REGISTER, that additional overall, re- to § 635.4, may not possess, retain, land, gional, and/or sub-regional quota is or sell a shark of that species and/or available and the season is reopened, management group that was caught the overall, regional, and/or sub-re- within the closed region or sub-region, gional fishery for all species and/or except under the conditions specified management groups in that linked in § 635.22(a) and (c) or if the vessel pos- group is closed, even across fishing sesses a valid shark research permit years. under § 635.32, a NMFS-approved ob- server is onboard, and the sandbar and/ (4) The quotas of the following spe- or Research LCS fishery, as applicable, cies and/or management groups are is open. A shark dealer, issued a permit linked: pursuant to § 635.4, may not purchase or (i) Atlantic hammerhead sharks and receive a shark of that species and/or Atlantic aggregated LCS. management group that was caught (ii) Eastern Gulf of Mexico hammer- within the closed region or sub-region head sharks and eastern Gulf of Mexico from a vessel issued a Federal Atlantic aggregated LCS. commercial shark permit, except that (iii) Western Gulf of Mexico hammer- a permitted shark dealer or processor head sharks and western Gulf of Mex- may possess sharks that were caught in ico aggregated LCS. the closed region or sub-region that (iv) Atlantic blacknose sharks and were harvested, off-loaded, and sold, Atlantic non-blacknose SCS south of traded, or bartered, prior to the effec- 34°00′ N. lat. tive date of the closure and were held (5) NMFS may close the regional or in storage. Under a closure for a shark sub-regional Gulf of Mexico blacktip species or management group, a shark shark management group(s) before dealer, issued a permit pursuant to landings reach, or are expected to § 635.4 may, in accordance with State reach, 80 percent of the quota, after regulations, purchase or receive a considering the following criteria and shark of that species or management other relevant factors: group if the shark was harvested, off-

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loaded, and sold, traded, or bartered with a vessel monitoring system, as from a vessel that fishes only in State specified in § 635.69. Additionally, le- waters and that has not been issued a gally taken swordfish from the South Federal Atlantic commercial shark Atlantic swordfish stock may be pos- permit, HMS Angling permit, or HMS sessed or landed north of 5 N. lat. pro- Charter/Headboat permit pursuant to vided the harvesting vessel does no § 635.4. Additionally, under an overall, a fishing on that trip north of 5 N. lat., regional, or a sub-regional closure for a and reports positions with a vessel shark species and/or management monitoring system as specified in group, a shark dealer, issued a permit § 635.69. NMFS may adjust the inci- pursuant to § 635.4, may purchase or re- dental catch retention limit by filing ceive a shark of that species group if with the Office of the Federal Register the sandbar or Research LCS fishery, for publication notification of the as applicable, is open and the shark change at least 14 days before the effec- was harvested, off-loaded, and sold, tive date. Changes in the incidental traded, or bartered from a vessel issued catch limits will be based upon the a valid shark research permit (per length of the directed fishery closure § 635.32) that had a NMFS-approved ob- and the estimated rate of catch by ves- server on board during the trip the sels fishing under the incidental catch shark was collected. quota. (7) If the Atlantic Tunas Longline (B) No more than 2 swordfish per trip category quota is closed as specified in may be possessed in or from the Atlan- paragraph (a)(3) of this section, vessels tic Ocean north of 5° N. lat. or landed that have pelagic longline gear on in an Atlantic coastal state on a vessel board cannot possess, retain, land, or that has been issued a handgear permit sell sharks. under § 635.4(f)(1) provided that such (c) Swordfish—(1) Directed fishery clo- swordfish were not taken with a har- sure. When the annual or semiannual poon. directed fishery quota specified in (C) No swordfish may be possessed, § 635.27(c)(1)(i) or (ii) is reached, or is landed, or sold by vessels issued a projected to be reached, NMFS will file Swordfish General Commercial open with the Office of the Federal Register access permit. for publication notification of closure (D) No swordfish may be sold by ves- at least 14 days before the effective sels issued an HMS Charter/Headboat date. From the effective date and time permit of the closure until additional directed (ii) When the directed fishery for the fishery quota becomes available, the South Atlantic swordfish stock is directed fishery for the appropriate closed, swordfish from that stock stock is closed and the following catch taken incidental to fishing for other limits apply: species may not be retained. (i) When the directed fishery for the (2) Incidental catch closure. When the North Atlantic swordfish stock is annual incidental catch quota specified closed, in § 635.27(c)(1)(i) is reached, or is pro- (A) No more than 15 swordfish per jected to be reached, NMFS will file trip may be possessed in or from the with the Office of the Federal Register Atlantic Ocean north of 5° N. lat. or for publication notification of closure. landed in an Atlantic coastal state on From the effective date and time of a vessel using or having on board a pe- such notification until additional inci- lagic longline, or issued an Incidental dental catch quota becomes available, HMS squid trawl permit. However, no swordfish may be landed in an At- North Atlantic swordfish legally taken lantic coastal state, or be possessed or prior to the effective date of the clo- sold in or from the Atlantic Ocean sure may be possessed in the Atlantic north of 5° N. lat. unless the directed Ocean north of 5 N. lat. or landed in an fishery is open and the appropriate per- Atlantic coastal state on a vessel with mits have been issued to the vessel. In a pelagic longline on board, provided the event of a directed and incidental the harvesting vessel does no fishing North Atlantic swordfish category clo- after the closure in the Atlantic Ocean sure, South Atlantic swordfish may be north of 5 N. lat., and reports positions possessed in the Atlantic Ocean north

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of 5° N. lat. and/or landed in an Atlan- (c) An owner or operator of a vessel tic coastal state on a vessel with for which an Atlantic Tunas Purse longline gear onboard, provided that Seine category permit has been issued the harvesting vessel does not fish on under § 635.4 may use an auxiliary ves- that trip in the Atlantic Ocean north sel (i.e., a skiff) associated with the of 5° N. lat., the fish were taken legally permitted vessel to assist in routine from waters of the Atlantic Ocean purse seine fishery operations, provided south of 5° N. lat., and the harvesting that the auxiliary vessel has not been vessel reports positions with a vessel issued an Atlantic Tunas or HMS ves- monitoring system as specified in sel permit and functions only in an § 635.69. auxiliary capacity during routine purse (3) Bluefin tuna Longline category clo- seine operations (i.e., it conducts lim- sure. If the Atlantic Tunas Longline ited assistance activities such as as- category quota is closed as specified in sistance with purse seine deployment paragraph (a)(3) of this section, vessels and removal of BFT from the purse that have pelagic longline gear on seine). The auxiliary vessel may trans- board cannot possess or land any North fer large medium and giant Atlantic Atlantic swordfish or bluefin tuna. BFT to its associated purse seine vessel (d) Northern albacore tuna. When the during routine purse seine operations, annual fishery quota specified in provided that the amount transferred § 635.27(e) is reached, or is projected to does not cause the receiving vessel to be reached, NMFS will file a closure exceed its currently authorized vessel action with the Office of the Federal allocation, including incidental catch Register for publication. When the fish- limits. ery for Northern albacore tuna is [79 FR 72559, Dec. 8, 2014, as amended at 80 closed, Northern albacore tuna may FR 52204, Aug. 28, 2015] not be retained. If the Atlantic Tunas Longline category quota is closed as § 635.30 Possession at sea and landing. specified in paragraph (a)(3) of this sec- (a) Atlantic tunas. Persons that own tion, vessels that have pelagic longline or operate a fishing vessel that pos- gear on board cannot possess or land sesses an Atlantic tuna in the Atlantic any Northern albacore tuna. Ocean or that lands an Atlantic tuna in [64 FR 29135, May 28, 1999] an Atlantic coastal port must maintain such Atlantic tuna through offloading EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 635.28, see the List of CFR either in round form or eviscerated Sections Affected, which appears in the with the head and fins removed, pro- Finding Aids section of the printed volume vided one pectoral fin and the tail re- and at www.fdsys.gov. main attached. The upper and lower lobes of the tuna tail may be removed § 635.29 Transfer at sea and trans- for storage purposes as long as the fork shipment. of the tail remains intact. (a) A person who owns or operates a (b) Billfish. Any person that possesses vessel issued a permit, or required to a blue marlin, white marlin, or be issued a permit, under § 635.4 may roundscale spearfish taken from its not transfer any tuna or tuna-like spe- management unit or a sailfish taken cies, or other HMS, at sea or in port, shoreward of the outer boundary of the regardless of where the fish was har- EEZ or lands a blue marlin, white mar- vested, except as provided in paragraph lin, or roundscale spearfish in an At- (c) of this section. lantic coastal port must maintain such (b) For the purposes of this part, billfish with its head, fins, and bill in- ‘‘transfer’’ means the act of ‘‘trans- tact through offloading. Persons may shipping’’ as defined at 50 CFR 300.301. eviscerate such billfish, but it must Notwithstanding the definition of otherwise be maintained whole. ‘‘harvest’’ at § 600.10, for the purposes of (c) Shark. (1) In addition to the regu- this part, transfer also includes, but is lations issued at part 600, subpart N, of not limited to, moving or attempting this chapter, a person who owns or op- to move a tuna that is on fishing gear erates a vessel issued a Federal Atlan- or other gear in the water from one tic commercial shark permit under vessel to another vessel. § 635.4 must maintain all the shark fins

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including the tail naturally attached shark in or from the EEZ intact to the shark carcass until the shark through landing with the head, tail, has been offloaded from the vessel, ex- and all fins naturally attached. The cept for under the conditions specified shark may be bled and the viscera may in paragraph (c)(5) of this section. be removed. While sharks are on board and when (5) A person who owns or operates a sharks are being offloaded, persons vessel that has been issued a Federal issued a Federal Atlantic commercial commercial smoothhound permit may shark permit under § 635.4 are subject remove the fins and tail of a smooth to the regulations at part 600, subpart dogfish shark prior to offloading if the N, of this chapter. conditions in paragraphs (c)(5)(i) (2) A person who owns or operates a through (iv) of this section have been vessel that has a valid Federal Atlantic commercial shark permit may remove met. If the conditions in paragraphs the head and viscera of the shark while (c)(5)(i) through (iv) of this section on board the vessel. At any time when have not been met, all fins, including on the vessel, sharks must not have the the tail, must remain naturally at- backbone removed and must not be tached to the smooth dogfish through halved, quartered, filleted, or otherwise offloading from the vessel: reduced. All fins, including the tail, (i) The smooth dogfish was caught must remain naturally attached to the within waters of the United States lo- shark through offloading, except under cated shoreward of a line drawn in such the conditions specified in paragraph a manner that each point on it is 50 (c)(5) of this section. While on the ves- nautical miles from the baseline of an sel, fins may be sliced so that the fin Atlantic State from which the terri- can be folded along the carcass for torial sea is measured, from Maine storage purposes as long as the fin re- south through Florida to the Atlantic mains naturally attached to the car- and Gulf of Mexico shark regional cass via at least a small portion of boundary defined in § 635.27(b)(1). uncut skin. The fins and tail may only (ii) The vessel has been issued both a be removed from the carcass once the Federal commercial smoothhound per- shark has been landed and offloaded, mit and a valid State commercial fish- except under the conditions specified ing permit that allows for fishing for in paragraph (c)(5) of this section. smooth dogfish. (3) A person who owns or operates a vessel that has been issued a Federal (iii) Smooth dogfish make up at least Atlantic commercial shark permit and 25 percent of the catch on board at the who lands sharks in an Atlantic coast- time of landing. al port, including ports in the Gulf of (iv) Total weight of the smooth Mexico and Caribbean Sea, must have dogfish fins landed or found on board a all fins and carcasses weighed and re- vessel cannot exceed 12 percent of the corded on the weighout slips specified total dressed weight of smooth dogfish in § 635.5(a)(2) and in accordance with carcasses on board or landed from the part 600, subpart N, of this chapter. fishing vessel. Persons may not possess any shark fins (d) Swordfish. Persons that own or op- not naturally attached to a shark car- erate a fishing vessel that possesses a cass on board a fishing vessel at any swordfish in the Atlantic Ocean or time, except under the conditions spec- lands a swordfish in an Atlantic coast- ified in paragraph (c)(5) of this section. al port must maintain such swordfish Once landed and offloaded, sharks that in round or dressed form through off- have been halved, quartered, filleted, loading. cut up, or reduced in any manner may not be brought back on board a vessel [64 FR 29135, May 28, 1999, as amended at 67 that has been or should have been FR 6201, Feb. 11, 2002; 69 FR 53362, Sept. 1, issued a Federal Atlantic commercial 2004; 71 FR 58173, Oct. 2, 2006; 73 FR 40711, shark permit. July 15, 2008; 75 FR 30528, June 1, 2010; 75 FR (4) Persons aboard a vessel that does 57702, Sept. 22, 2010; 76 FR 39032, July 5, 2011; not have a Federal Atlantic commer- 80 FR 73145, Nov. 24, 2015] cial shark permit must maintain a

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§ 635.31 Restrictions on sale and pur- (ii) Dealers may first receive BAYS chase. tunas only if they have submitted re- (a) Atlantic tunas. (1) A person that ports to NMFS according to reporting owns or operates a vessel from which requirements at § 635.5(b)(1)(ii), and an Atlantic tuna is landed or offloaded only from a vessel that has a valid Fed- may sell such Atlantic tuna only if eral commercial permit for Atlantic that vessel has a valid HMS Charter/ tunas issued under this part in the ap- Headboat permit with a commercial propriate category. Vessel owners and sale endorsement; a valid General, Har- operators of vessels that have been poon, Longline, Purse Seine, or Trap issued an Atlantic Tunas Longline cat- category permit for Atlantic tunas; or egory permit can sell BAYS tunas and a valid HMS Commercial Caribbean dealers can purchase BAYS tunas from Small Boat permit issued under this such vessels only if the Longline cat- part, and the appropriate category has egory is open per § 635.28(a). Individuals not been closed, as specified at issued a valid HMS Commercial Carib- § 635.28(a). However, no person may sell bean Small Boat permit, and operating a bluefin tuna smaller than the large in the U.S. Caribbean as defined at medium size class. Also, no large me- § 622.2 of this chapter, may sell their dium or giant bluefin tuna taken by a trip limits of BAYS tunas, codified at person aboard a vessel with an Atlantic § 635.24(c), to dealers and non-dealers. HMS Charter/Headboat permit fishing Persons may only sell albacore tuna in the Gulf of Mexico at any time, or and dealers may only first receive alba- fishing outside the Gulf of Mexico when core tuna if the northern albacore tuna the fishery under the General category fishery has not been closed as specified has been closed, may be sold (see at § 635.28 (d). § 635.23(c)). A person may sell Atlantic (3) Dealers or seafood processors may bluefin tuna only to a dealer that has a not purchase or sell a BFT smaller valid permit for purchasing Atlantic than the large medium size class unless bluefin tuna issued under this part. A it is lawfully imported and is accom- person may not sell or purchase Atlan- panied by a bluefin tuna statistical tic tunas harvested with speargun fish- document, as specified in § 300.185(a) of ing gear. this title. (2) Dealers may purchase Atlantic (4) A BFT in the possession of a deal- tunas only from a vessel that has a er or seafood processor is deemed to be valid commercial permit for Atlantic from the Atlantic Ocean. However, a tunas issued under this part in the ap- BFT will not be deemed to be from the propriate category and the appropriate Atlantic Ocean if— category has not been closed, as speci- fied at § 635.28(a). (i) It was landed in a Pacific state (i) Dealers may purchase Atlantic and remains in the state of landing, or bluefin tuna only from a vessel that (ii) It is accompanied by a bluefin has a valid Federal commercial permit tuna statistical document, as specified for Atlantic tunas issued under this in § 300.185(a) of this title. part in the appropriate category. Ves- (b) Billfish. (1) Persons may not sell sel owners and operators of vessels that or purchase a billfish taken from its have been issued an Atlantic Tunas management unit. Longline category permit can sell (2) A billfish or a closely related spe- bluefin tuna and dealers can purchase cies, namely, black marlin, Makaira bluefin tuna from such vessels only if indica, striped marlin, Tetrapturus the Longline category is open, per audax, or shortbill spearfish, § 635.28(a) and if: Tetrapturus angustirostris, or a part (A) The vessel has met the minimum thereof, in the possession of a dealer or quota allocation and accounting re- seafood processor is considered, for quirements at § 635.15(b)(4) and (5) for purposes of this part, to be a billfish vessels departing on a trip with pelagic from the Atlantic Ocean management longline gear aboard, and unit. However, a billfish or a closely re- (B) The dealer and vessel have met lated species will not be considered to the IBQ program participant require- be from the Atlantic Ocean manage- ments at § 635.15(a)(2). ment unit if—

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(i) It was landed in a Pacific state only if the Atlantic Tunas Longline and remains in the state of landing, or category has not been closed, as speci- (ii) It is accompanied by a Billfish fied in § 635.28(a). Certificate of Eligibility (COE) form, (2) Persons that own or operate a ves- obtained from NMFS, or its equivalent sel for which a valid Federal Atlantic that documents that the fish was har- commercial shark permit has been vested from other than the Atlantic issued and on which a shark from the Ocean management unit. management unit is possessed, may (A) The Billfish COE required under sell, barter or trade such shark only to this section must indicate, in English, a dealer that has a valid permit for the name and homeport of the har- shark issued under this part. vesting vessel, and the date and port of offloading. Only the purchaser of the (3) Regulations governing the har- billfish from the harvesting vessel vest, possession, landing, purchase, and must complete this information. sale of shark fins are found at part 600, (B) The Billfish COE must be signed subpart N, of this chapter and in and dated by each dealer in possession § 635.30(c). of the product throughout the chain of (4) Only dealers who have a valid custody up to but not including the Federal Atlantic shark dealer permit consumer. This signature indicates a and who have submitted reports to declaration that the billfish were not NMFS according to reporting require- harvested from the management unit. ments of § 635.5(b)(1)(ii) may first re- (C) A Billfish COE may refer to bill- ceive a shark from an owner or oper- fish taken from only one harvesting ator of a vessel that has, or is required vessel. If a shipment contains billfish to have, a valid Federal Atlantic com- taken from more than one vessel, a mercial shark permit issued under this separate billfish COE must accompany part. Dealers may purchase a shark the shipment for each harvesting ves- only from an owner or operator of a sel. vessel who has a valid commercial (D) A model Billfish COE can be ob- shark permit issued under this part, tained by contacting the Division except that dealers may purchase a Chief. An equivalent form may be used shark from an owner or operator of a provided it contains all of the informa- vessel who does not have a Federal At- tion required under this section. lantic commercial shark permit if that (3) For the purposes of this para- graph, a dealer or seafood processor vessel fishes exclusively in state waters means any individual, other than a and does not possess a HMS Angling consumer, who engages in any activity, permit or HMS Charter/Headboat per- other than fishing, of industry, trade, mit pursuant to § 635.4. Atlantic shark or commerce, including but not limited dealers may purchase a sandbar shark to the buying or selling of a regulated only from an owner or operator of a species or parts thereof and activities vessel who has a valid shark research conducted for the purpose of facili- permit and who had a NMFS-approved tating such buying and selling. observer onboard the vessel for the trip (c) Shark. (1) Persons that own or op- in which the sandbar shark was col- erate a vessel that possesses, retains, lected. Atlantic shark dealers may pur- or lands a shark from the management chase a shark from an owner or oper- unit may sell such shark only if the ator of a fishing vessel who has a valid vessel has a valid commercial shark commercial shark permit issued under permit issued under this part. Persons this part only when the fishery for that may possess, retain, land, and sell a species, management group, region, shark only to a federally-permitted and/or sub-region has not been closed, dealer and only when the fishery for as specified in § 635.28(b). Atlantic that species, management group, re- shark dealers may first receive a shark gion, and/or sub-region has not been from a vessel that has pelagic longline closed, as specified in § 635.28(b). Per- gear onboard only if the Atlantic sons that own or operate a vessel that Tunas Longline category has not been has pelagic longline gear onboard can possess, retain, land, and sell a shark closed, as specified in § 635.28(a).

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(5) An Atlantic shark dealer issued a EDITORIAL NOTE: For FEDERAL REGISTER ci- permit under this part may first re- tations affecting § 635.31, see the List of CFR ceive shark fins from an owner or oper- Sections Affected, which appears in the ator of a fishing vessel only if the Finding Aids section of the printed volume and at www.fdsys.gov. shark fins were harvested in accord- ance with the regulations found at part § 635.32 Specifically authorized activi- 600, subpart N, of this chapter and in ties. § 635.30(c). (a) General. (1) Consistent with the (6) A dealer issued a permit under provisions of § 600.745 of this chapter, this part may not first receive silky except as indicated in this section, sharks, oceanic whitetip sharks or NMFS may authorize activities other- scalloped, smooth, or great hammer- wise prohibited by the regulations con- head sharks from an owner or operator tained in this part for the conduct of of a fishing vessel with pelagic longline scientific research, the acquisition of gear on board, or from the owner of a information and data, the enhance- fishing vessel issued both a HMS Char- ment of safety at sea, the purpose of ter/Headboat permit with a commercial collecting animals for public education sale endorsement and a commercial or display, the investigation of by- shark permit when tuna, swordfish or catch, economic discard and regulatory billfish are on board the vessel, discard, or for chartering arrange- offloaded from the vessel, or being ments. offloaded from the vessel. (2) Activities subject to the provi- (d) Swordfish. (1) Persons that own or sions of this section include, but are operate a vessel on which a swordfish not limited to: scientific research re- in or from the Atlantic Ocean is pos- sulting in, or likely to result in, the sessed may sell such swordfish only if take, harvest, or incidental mortality the vessel has a valid commercial per- of Atlantic HMS; exempted fishing and mit for swordfish issued under this educational activities; programs under part. Persons may offload such sword- which regulated species retained in fish only to a dealer who has a valid contravention to otherwise applicable permit for swordfish issued under this regulations may be donated through part; except that individuals issued a approved food bank networks; or char- valid HMS Commercial Caribbean tering arrangements. Such activities Small Boat permit, and operating in must be authorized in writing and are the U.S. Caribbean as defined at § 622.2 subject to all conditions specified in of this chapter, may sell swordfish, as any letter of acknowledgment, EFP, specified at § 635.24(b)(3), to non-deal- scientific research permit, display per- ers. Persons that own or operate a ves- mit, chartering permit, or shark re- sel that has pelagic longline gear on- search permit issued in response to re- board can only possess and sell a quests for authorization under this sec- swordfish if the Atlantic Tunas tion. Longline category has not been closed, (3) For the purposes of all regulated as specified in § 635.28(a)(4). species covered under this part, NMFS (2) Atlantic swordfish dealers may has the sole authority to issue permits, first receive a swordfish harvested from authorizations, and acknowledgments. the Atlantic Ocean only from an owner If a regulated species landed or re- or operator of a fishing vessel that has tained under the authority of this sec- a valid commercial permit for sword- tion is subject to a quota, the fish shall fish issued under this part, and only if be counted against the quota category the dealer has submitted reports to as specified in the written authoriza- NMFS according to reporting require- tion. ments of § 635.5(b)(1)(ii). Atlantic (4) Inspection requirements specified swordfish dealers may first receive a in § 635.5(e) apply to the owner or oper- swordfish from a vessel that has pe- ator of a fishing vessel that has been lagic longline gear onboard only if the issued an exempted fishing permit, sci- Atlantic Tunas Longline category has entific research permit, display permit, not been closed, as specified in or chartering permit. § 635.28(a)(3). (b) Scientific research activities. For [64 FR 29135, May 28, 1999] the purposes of all species covered

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under this part regulated under the au- excluding weekends and holidays, prior thority of ATCA, the provisions for re- to departing on a collection trip, re- search plans under § 600.745(a) and re- gardless of whether the fishing activity ports under § 600.745(c)(1) of this chap- will occur in or outside the EEZ, as to ter are mandatory. In such cases of au- collection plans and location and the thorized scientific research activities, number of animals to be collected. In NMFS shall issue scientific research the event that a NMFS agent is not permits. For scientific research activi- available, a message may be left. ties involving the capture of Atlantic (5) All live HMS collected for public sharks, research plans and reports are display are required to have either a requested; letters of acknowledgment conventional dart tag or a microchip shall be issued by NMFS as indicated Passive Integrated Transponder (PIT) under § 600.745(a) of this chapter. tag applied by the collector at the time (c) Exempted fishing permits. (1) For of the collection. Both types of tags activities consistent with the purposes will be supplied by NMFS. Conven- of this section and § 600.745(b)(1) of this tional dart tags will be issued unless chapter, other than scientific research PIT tags are specifically requested in conducted from a scientific research the permit application and their use vessel, NMFS may issue exempted fish- approved by NMFS. Terms and condi- ing permits. tions of the permit will address re- (2) [Reserved] quirements associated with the use of (d) Display permits. (1) For activities the tags supplied on a case-by-case consistent with the purposes of this basis. section and § 600.745(b)(1) of this chap- ter, NMFS may issue display permits. (e) Chartering permits. (1) For activi- (2) Notwithstanding the provisions of ties consistent with the purposes of § 600.745 of this chapter and other provi- this section, § 635.5(a), and § 600.745(b)(1) sions of this part, a valid display per- of this chapter, NMFS may issue char- mit is required to fish for, take, retain, tering permits for record keeping and or possess an HMS in or from the At- reporting purposes. An application for lantic EEZ for the purposes of public a chartering permit must include all display. A valid display permit must be information required under on board the harvesting vessel, must be § 600.745(b)(2) of this chapter and, in ad- available when the fish is landed, must dition, written notification of: the spe- be available when the fish is trans- cies of fish covered by the chartering ported to the display facility, and must arrangement and quota allocated to be presented for inspection upon re- the Contracting Party of which the quest of an authorized officer. A dis- chartering foreign entity is a member; play permit is valid for the specific duration of the arrangement; measures time, area, gear, and species specified adopted by the chartering Contracting on it. Species landed under a display Party of which the foreign entity is a permit shall be counted against the ap- member to implement ICCAT char- propriate quota specified in § 635.27 or tering provisions; copies of fishing li- as otherwise provided in the display censes, permits, and/or other author- permit. izations issued by the chartering Con- (3) To be eligible for a display permit, tracting Party of which the foreign en- a person must provide all information tity is a member for the vessel to fish concerning his or her identification, under the arrangement; a copy of the numbers by species of HMS to be col- High Seas Fishing Compliance Act Per- lected, when and where they will be mit pursuant to 50 CFR 300.10; docu- collected, vessel(s) and gear to be used, mentation regarding interactions with description of the facility where they protected resources; and documenta- will be displayed, and any other infor- tion regarding the legal establishment mation that may be necessary for the of the chartering company. To be con- issuance or administration of the per- sidered complete, an application for a mit, as requested by NMFS. chartering permit for a vessel must in- (4) Collectors of HMS for public dis- clude all information specified in play must notify the local NMFS Office § 600.745(b)(2) of this chapter and in for Law Enforcement at least 24 hours, § 635.32(e) and (f).

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(2) Notwithstanding the provisions of permit must be on board the har- § 600.745 of this chapter and other provi- vesting vessel, must be available for in- sions of this part, a valid chartering spection when the shark is landed, and permit is required to fish for, take, re- must be presented for inspection upon tain, or possess ICCAT-regulated spe- request of an authorized officer. A cies under chartering arrangements as shark research permit is only valid for specified in § 635.5(a)(6). A valid char- the vessel and owner(s) combination tering permit must be on board the specified and cannot be transferred to harvesting vessel, must be available another vessel or owner(s). A shark re- when ICCAT-regulated species are search permit is only valid for the re- landed, and must be presented for in- tention limits, time, area, gear speci- spection upon request of an authorized fied, and other terms and conditions as officer. A chartering permit is valid for listed on the permit and only when a the duration of the chartering arrange- NMFS-approved observer is onboard. ment or until the expiration date speci- Species landed under a shark research fied on the permit, whichever comes permit shall be counted against the ap- first. Vessels issued a chartering per- propriate quota specified in § 635.27 or mit shall not be authorized to fish under applicable Atlantic Highly Mi- as otherwise provided in the shark re- gratory Species quotas or entitlements search permit. of the United States until the char- (3) Regardless of the number of appli- tering permit expires or is terminated. cants, NMFS will issue only a limited (3) Charter permit holders must sub- number of shark research permits de- mit logbooks and comply with report- pending on available quotas as de- ing requirements as specified in § 635.5. scribed in § 635.27, research needs for NMFS will provide specific conditions stock assessments and other scientific and requirements in the chartering purposes, and the number of sharks ex- permit, so as to ensure consistency, to pected to be harvested by vessels issued the extent possible, with laws of for- LAPs for sharks. eign countries, the 2006 Consolidated (4) In addition to the workshops re- HMS FMP and its amendments, as well quired under § 635.8, persons issued a as ICCAT recommendations. shark research permit, and/or opera- (4) Observers may be placed on board tors of vessels specified on the shark vessels issued chartering permits as research permit, may be required to at- specified under § 635.7. tend other workshops (e.g., shark iden- (5) NMFS will issue a chartering per- tification workshops, captain’s meet- mit only if it determines that the char- ing, etc.) as deemed necessary by tering arrangement is in conformance NMFS to ensure the collection of high with ICCAT’s conservation and man- quality data. agement programs. (5) Issuance of a shark research per- (6) A vessel shall be authorized to mit does not guarantee the permit fish under only one chartering arrange- holder that a NMFS-approved observer ment at a time. will be deployed on any particular trip. (7) All chartering permits are subject to sanctions and denials as indicated Rather, permit issuance indicates that under § 635.4(a)(6). a vessel is eligible for a NMFS-ap- (f) Shark research permits. (1) For ac- proved observer to be deployed on the tivities consistent with the purposes of vessel for a particular trip and that, on this section and § 600.745(b)(1) of this such observed trips, the vessel may be chapter, NMFS may issue shark re- allowed to harvest Atlantic sharks, in- search permits. cluding sandbar sharks, in excess of the (2) Notwithstanding the provisions of retention limits described in § 635.24(a). § 600.745 of this chapter and other provi- (6) The shark research permit may be sions of this part, a valid shark re- revoked, limited, or modified at any search permit is required to fish for, time, does not confer any right to en- take, retain, or possess Atlantic gage in activities beyond those author- sharks, including sandbar sharks, in ized by the permit, and does not confer excess of the retention limits described any right of compensation to the hold- in § 635.24(a). A valid shark research er.

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(g) Applications and renewals. (1) Ap- formation provided on the applications plication procedures shall be as indi- and their ability to meet the selection cated under § 600.745(b)(2) of this chap- criteria as published in the FEDERAL ter, except that NMFS may consolidate REGISTER notice. A commercial shark requests for the purpose of obtaining permit holder whose vessel was se- public comment. In such cases, NMFS lected to carry an observer in the pre- may file with the Office of the Federal vious two years for any HMS fishery Register, on an annual or more fre- but failed to comply with the observer quent basis as necessary, notification regulations specified in § 635.7 will not of previously authorized exempted fish- be considered. A commercial shark per- ing, scientific research, public display, mit holder that has been charged chartering, and shark research activi- criminally or civilly (i.e., issued a No- ties and to solicit public comment on tice of Violation and Assessment anticipated EFP, scientific research (NOVA) or Notice of Permit Sanction) permit, letter of acknowledgment, pub- for any HMS related violation will not lic display, chartering, or shark re- be considered for participation in the search permit activities. Applications shark research fishery. Qualified ves- for EFPs, scientific research permits, sels will be randomly selected to par- public display permits, chartering per- ticipate in the shark research fishery mits, or shark research permits are re- based on their availability and the quired to include all reports specified temporal and spatial needs of the re- in the applicant’s previous permit in- search objectives. If a vessel issued a cluding, if applicable, the year-end re- shark research permit cannot conduct port, all delinquent reports for permits the shark research tasks, for whatever issued in prior years, and all other reason, that permit will be revoked specified information. In situations of and, depending on the status of the re- delinquent reports, applications will be search and the fishing year, NMFS will deemed incomplete and a permit will randomly select another qualified ves- not be issued under this section. sel to be issued a shark research per- (2) For the shark research permit, mit. NMFS will publish annually, in a FED- (h) Terms and conditions. (1) For ERAL REGISTER notice(s), a description for the following fishing year of the ex- EFPs, scientific research permits, and pected research objectives. This de- public display permits: Written reports scription may include information such on fishing activities, and disposition of as the number of vessels needed, re- all fish captured under a permit issued gions and seasons for which vessels are under this section must be submitted needed, the specific criteria for selec- to NMFS within 5 days of return to tion, and the application deadline. port. NMFS will provide specific condi- Complete applications, including all in- tions and requirements as needed, con- formation requested in the applicable sistent with the Consolidated HMS FEDERAL REGISTER notice(s) and on the Fishery Management Plan, in the per- application form and any previous re- mit. If an individual issued a Federal ports required pursuant to this section permit under this section captures no and § 635.5, must be received by NMFS HMS in any given month, either in or by the application deadline in order for outside the EEZ, a ‘‘no-catch’’ report the vessel to be considered. Requested must be submitted to NMFS within 5 information could include, but is not days of the last day of that month. limited to, applicant name and address, (2) For chartering permits, written permit information, vessel informa- reports of fishing activities must be tion, availability of the vessel, past in- submitted to NMFS by a date specified, volvement in the shark fishery, and and to an address designated, in the compliance with HMS regulations in- terms and conditions of each char- cluding observer regulations. NMFS tering permit. will only review complete applications (3) An annual written summary re- received by the published deadline to port of all fishing activities, and dis- determine eligibility for participation position of all fish captured, under the in the shark research fishery. Qualified permit must be submitted to NMFS for vessels will be chosen based on the in- all EFPs, scientific research permits,

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display permits, and chartering per- sharks, swordfish, and northern alba- mits issued under this section within 30 core tuna as specified in § 635.27; the re- days after the expiration date of the tention limits for sharks, as specified permit. at § 635.24; the regional retention limits (4) For shark research permits, all for Swordfish General Commercial per- owners and/or operators must comply mit holders, as specified at § 635.24; the with the recordkeeping and reporting marlin landing limit, as specified in requirements specified in § 635.5 per the § 635.27(d); and the minimum sizes for requirement of holding a LAP for Atlantic blue marlin, white marlin, sharks. and roundscale spearfish as specified in (5) As stated in § 635.4(a)(6), failure to § 635.20. comply with the recordkeeping and re- (b) In accordance with the framework porting requirements of this section procedures in the 2006 Consolidated could result in the EFP, scientific re- HMS FMP, NMFS may establish or search permit, display permit, char- modify for species or species groups of tering permit, or shark research permit Atlantic HMS the following manage- being revoked, suspended, or modified, ment measures: Maximum sustainable and in the denial of any future applica- yield or optimum yield based on the tions. latest stock assessment or updates in [64 FR 29135, May 28, 1999, as amended at 68 the SAFE report; domestic quotas; rec- FR 63742, Nov. 10, 2003; 68 FR 74786, Dec. 24, reational and commercial retention 2003; 69 FR 70399, Dec. 6, 2004; 73 FR 40711, limits, including target catch require- July 15, 2008; 75 FR 30528, June 1, 2010] ments; size limits; fishing years or fish- ing seasons; shark fishing regions, or § 635.33 Archival tags. regional and/or sub-regional quotas; (a) Landing an HMS with a surgically species in the management unit and implanted archival tag. Notwithstanding the specification of the species groups other provisions of this part, persons to which they belong; species in the may catch, possess, retain, and land an prohibited shark species group; classi- Atlantic HMS in which an archival tag fication system within shark species has been surgically implanted, pro- groups; permitting and reporting re- vided such persons return the tag to quirements; workshop requirements; the research entity indicated on the the IBQ shares or resultant allocations tag or to NMFS at an address des- for bluefin tuna; administration of the ignated by NMFS and report the fish as IBQ program (including but not limited required in § 635.5. to requirements pertaining to leasing (b) Quota monitoring. If an Atlantic of IBQ allocations, regional or min- HMS landed under the authority of imum IBQ share requirements, IBQ paragraph (a) of this section is subject share caps (individual or by category), to a quota, the fish will be counted permanent sale of shares, NED IBQ against the applicable quota for the rules, etc.); time/area restrictions; allo- species consistent with the fishing gear cations among user groups; gear prohi- and activity which resulted in the bitions, modifications, or use restric- catch. In the event such fishing gear or tion; effort restrictions; observer cov- activity is otherwise prohibited under erage requirements; EM requirements; applicable provisions of this part, the essential fish habitat; and actions to fish shall be counted against the re- implement ICCAT recommendations, serve or research quota established for as appropriate. that species, as appropriate. (c) NMFS may add species to the pro- [81 FR 55379, Aug. 19, 2016] hibited shark species group specified in heading D, Prohibited Sharks, of Table § 635.34 Adjustment of management 1 of appendix A to this part if, after measures. considering the criteria in paragraphs (a) NMFS may adjust the IBQ shares (c)(1) through (4) of this section, the or resultant allocations for bluefin species is determined to meet at least tuna, as specified in § 635.15; catch lim- two of the criteria. Alternatively, its for bluefin tuna, as specified in NMFS may remove species from the § 635.23; the overall, regional, and/or prohibited shark species group and sub-regional quotas for bluefin tuna, place them in the appropriate shark

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species group in Table 1 of appendix A Subpart D—Restrictions on Imports if, after considering the criteria in paragraphs (c)(1) through (4) of this § 635.40 Restrictions to enhance con- section, NMFS determines the species servation. only meets one criterion. (a) Determinations. Upon a determina- (1) Biological information indicates tion by NMFS that species of fish sub- that the stock warrants protection. ject to regulation or under investiga- (2) Information indicates that the tion by ICCAT are ineligible for entry species is rarely encountered or ob- into the United States under 16 U.S.C. served caught in HMS fisheries. 971d (c)(4) or (c)(5), NMFS, with the concurrence of the Secretary of State, (3) Information indicates that the will file with the Office of the Federal species is not commonly encountered Register for publication a finding to or observed caught as bycatch in fish- that effect. Effective upon the date of ing operations for species other than filing of such finding, all shipments of HMS. fish in any form of the species found to (4) The species is difficult to distin- be ineligible will be denied entry un- guish from other prohibited species. less, with respect to a particular ship- (d) When considering a framework ment, it is established by satisfactory adjustment to add, change, or modify proof pursuant to paragraph (b) of this time/area closures and/or gear re- section that the particular shipment of stricted areas, NMFS will consider, fish is eligible for entry. Entry will not consistent with the FMP, the Magnu- be denied and no such proof will be re- son-Stevens Act and other applicable quired for any such shipment that, on law, but is not limited to the following the date of filing was in transit to the criteria: Any Endangered Species Act United States on board a vessel oper- related issues, concerns, or require- ating as a common carrier. ments, including applicable BiOps; by- (b) Proof of admissibility. (1) For the catch rates of protected species, pro- purposes of paragraph (a) of this sec- hibited HMS, or non-target species tion and section 971d(6)(a) of ATCA, a both within the specified or potential shipment of fish in any form of the spe- cies under regulation or under inves- closure area(s) and throughout the tigation by ICCAT offered for entry, di- fishery; bycatch rates and post-release rectly or indirectly, from a country mortality rates of bycatch species as- named in a finding filed with the Office sociated with different gear types; new of the Federal Register for publication or updated landings, bycatch, and fish- under paragraph (a) of this section is ing effort data; evidence or research in- eligible for entry if the shipment is ac- dicating that changes to fishing gear companied by a completed ATCA COE and/or fishing practices can signifi- attached to the invoice certifying that cantly reduce bycatch; social and eco- the fish in the shipment: nomic impacts; and the practicability (i) Are not of the species specified in of implementing new or modified clo- the finding; sures compared to other bycatch reduc- (ii) Are of the species named in the tion options. If the species is an ICCAT finding, but were not taken in the reg- managed species, NMFS will also con- ulatory area; or sider the overall effect of the U.S.’s (iii) Are of the species named in the catch on that species before imple- finding, but are products of an Amer- menting time/area closures, gear re- ican fishery and were lawfully taken in stricted areas, or access to closed conformity with applicable conserva- areas. tion laws and regulations and landed in the country named in the finding sole- [64 FR 29135, May 28, 1999, as amended at 68 ly for transshipment. FR 74788, Dec. 24, 2003; 71 FR 58173, Oct. 2, (2) If the fish are offered for entry 2006; 75 FR 57702, Sept. 22, 2010; 78 FR 52031, under paragraph (b)(1)(i) or (b)(1)(ii) of Aug. 21, 2013; 79 FR 71606, Dec. 2, 2014; 80 FR this section, the ATCA COE must be 50102, Aug. 18, 2015; 83 FR 33157, July 17, 2018] executed by a duly authorized official of the country named in the finding and the ATCA COE must be validated

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by a consular officer or consular agent has been harvested by a vessel or ves- of the United States. Such validation sels of the exporting nation. must be attached to the ATCA COE. [69 FR 70400, Dec. 6, 2004, as amended at 70 (3) [Reserved] FR 28218, May 17, 2005; 77 FR 52261, Aug. 29, (c) Removal of import restrictions. Upon 2012] a determination by NMFS that the conditions no longer exist that war- Subpart E—International Port ranted the finding under paragraph (a) Inspection of this section, NMFS will remove the import restriction by filing with the § 635.50 Basis and purpose. Office of the Federal Register for publi- The regulations in this subpart im- cation notification of removal effective plement the ICCAT port inspection on the date of filing. However, for 1 scheme. The text of the ICCAT port in- year from the date of filing every ship- spection scheme may be obtained from ment of fish in any form that was sub- NMFS. ject to the finding under paragraph (a) of this section will continue to be de- § 635.51 Authorized officer. nied entry, unless the shipment is ac- For the purposes of this subpart, an companied by a certification executed authorized officer is a person appointed by an authorized official of the country by an ICCAT contracting party to con- of export and authenticated by a con- duct inspections for the purpose of de- sular officer or consular agent of the termining compliance with ICCAT con- United States certifying that no por- servation and management measures tion of the shipment is composed of and who possesses identification issued fish taken prior to or during the im- by the authorized officer’s national port restriction. government. [64 FR 29135, May 28, 1999, as amended at 83 [79 FR 72559, Dec. 8, 2014] FR 33157, July 17, 2018] § 635.52 Vessels subject to inspection. § 635.41 Products denied entry. (a) All U.S. fishing vessels carrying (a) [Reserved] fish species subject to regulation pur- (b) All shipments of tuna or tuna-like suant to a recommendation of ICCAT species, or their products, in any form, that have not been previously landed harvested in the ICCAT convention or transshipped at port, as well as the area by a fishing vessel that is required vessel’s catch, gear, equipment, to be listed, but not listed on the records, and any documents the au- ICCAT record of authorized vessels will thorized officer deems necessary to de- be denied entry into the United States. termine compliance with ICCAT con- (c) All shipments of tuna or tuna-like servation and management measures, species, or their products, in any form, are subject to inspection when in a harvested in the ICCAT convention port of any ICCAT contracting or co- area by a fishing vessel listed on the operating non-contracting party. A list ICCAT record as engaged in illegal, un- of ports, designated by ICCAT con- reported, and unregulated fishing will tracting or cooperating non-con- be denied entry into the United States. tracting parties, to which foreign ves- (d) All shipments of tuna or tuna-like sels carrying fish species subject to species, placed in cages for farming regulation pursuant to a recommenda- and/or transshipment, harvested in the tion of ICCAT may seek entry is avail- ICCAT convention area and caught by able on the ICCAT Web site. a fishing vessel included on the ICCAT (b) While in port, the master, crew- list as engaged in illegal, unreported, member, or any other person on a U.S. and unregulated fishing will be denied vessel carrying fish species subject to entry into the United States. regulation pursuant to a recommenda- (e) For the purposes of this section, it tion of ICCAT must cooperate with an is a rebuttable presumption that any authorized officer during the conduct shipment containing swordfish, bluefin of an inspection, including by facili- tuna, bigeye tuna, or their products of- tating safe boarding. ICCAT rec- fered for entry into the United States ommendations require that inspections

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be carried out so that the vessel suffers for minimum standards for inspection minimum interference and inconven- in port requires that: ience, and so that degradation of the (a) Upon completion of the inspec- quality of catch is avoided. tion, the authorized officer shall pro- vide the Master of the U.S. fishing ves- [79 FR 72559, Dec. 8, 2014] sel with the inspection report con- § 635.53 Prior notification. taining the findings of the inspection, including any violations found and pos- (a) U.S. vessels carrying tuna or sible subsequent measures that could tuna-like species or other HMS that be taken by the foreign ICCAT con- are seeking to enter the port of an- tracting or cooperating non-con- other ICCAT contracting or cooper- tracting party. The Master of the U.S. ating party must provide to the port vessel is entitled to add or have added State, at least 72 hours before the esti- to the report any comments or objec- mated time of arrival at the port or in tions, and to add his or her own signa- accordance with any other time period ture as an acknowledgement of receipt, specified by the foreign government, (b) Copies of the inspection report the following information: shall also be provided by the port State (1) Vessel identification (External to the ICCAT Secretariat and, as ap- identification; Name; Flag State; propriate, to NMFS and other con- ICCAT Record No., if any; IMO No., if tracting or cooperating non-con- any; and international radio call sign); tracting parties of ICCAT, (2) Name of the designated port, as (c) Any enforcement action taken by referred to in the ICCAT register, to the foreign ICCAT contracting or co- which it seeks entry and the purpose of operating non-contracting party in re- the port call; sponse to an infringement shall be re- (3) Fishing authorization or, where ported to the United States and to the appropriate, any other authorization ICCAT Secretariat, and held by the vessel to support fishing (d) The foreign ICCAT contracting or operations on ICCAT-managed species cooperating non-contracting party and/or fish products originating from shall refer any infringements found such species; that do not fall within its jurisdiction, (4) Estimated date and time of ar- or with respect to which it has not rival in port; taken action, to the flag State of the (5) In kilograms, the estimated quan- vessel (i.e., to NMFS). tities of each ICCAT-managed species [79 FR 72560, Dec. 8, 2014] and/or fish products originating from such species to be held on board and to be landed, with associated catch areas; Subpart F—Enforcement (6) Other information, as requested § 635.69 Vessel monitoring systems. by the foreign ICCAT contracting or cooperating non-contracting party, to (a) Applicability. To facilitate en- determine whether a vessel has en- forcement of time/area and fishery clo- gaged in IUU fishing, or related activi- sures, enhance reporting, and support ties; the IBQ Program (§ 635.15), an owner or (b) After receiving information pur- operator of a commercial vessel per- suant to paragraph (a) of this section, mitted, or required to be permitted, to the foreign ICCAT contracting or co- fish for Atlantic HMS under § 635.4 and operating non-contracting party should that fishes with pelagic or bottom decide whether to authorize or deny longline, gillnet, or purse seine gear, is the entry of a vessel into its port. required to install a NMFS-approved enhanced mobile transmitting unit (E– [79 FR 72559, Dec. 8, 2014] MTU) vessel monitoring system (VMS) on board the vessel and operate the § 635.54 Reports. VMS unit under the circumstances list- Owners and operators of U.S. vessels ed in paragraphs (a)(1) through (a)(4) of subject to inspection under § 635.23 are this section. For purposes of this sec- hereby notified that the ICCAT rec- tion, a NMFS-approved E–MTU VMS is ommendation establishing a scheme one that has been approved by NMFS

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as satisfying its type approval listing will make additions and/or amend- for E–MTU VMS units. Those require- ments to the VMS communications ments are published in the FEDERAL service providers type approval list to REGISTER and may be updated periodi- account for changes in specifications cally. or new services offered by communica- (1) Whenever the vessel has pelagic tions providers. NMFS will file with longline or purse seine gear on board; the Office of the Federal Register for (2) Whenever a vessel issued a di- publication notification listing such rected shark LAP, has bottom longline additions and/or amendments. gear on board, is located between 33°00′ (d) Installation and activation. Only an N. lat. and 36°30′ N. lat., and the mid- E–MTU VMS that has been approved by Atlantic shark closed area is closed as NMFS for Atlantic HMS Fisheries may specified in § 635.21(d)(1); or be used. Any VMS unit must be in- (3) Pursuant to Atlantic large whale stalled by a qualified marine elec- take reduction plan requirements at 50 trician. When any NMFS-approved E– CFR 229.32(h), whenever a vessel issued MTU VMS is installed and activated or a directed shark LAP has a gillnet(s) reinstalled and reactivated, the vessel on board. owner or operator must— (4) A vessel is considered to have pe- (1) Follow procedures indicated on a lagic or bottom longline gear on board, NMFS-approved installation and acti- for the purposes of this section, when vation checklist for the applicable fish- the gear components as specified at ery, which is available from NMFS; § 635.2 are on board. A vessel is consid- (2) Submit to NMFS a statement cer- ered to have gillnet gear on board, for tifying compliance with the checklist, the purposes of this section, when as prescribed on the checklist; and, gillnet, as defined in § 600.10 of this (3) Submit to NMFS the checklist, chapter, is on board a vessel that has completed by a qualified marine elec- been issued a shark LAP. A vessel is trician. Vessels fishing prior to NMFS’ considered to have purse seine gear on receipt of the completed checklist and board, for the purposes of this section, compliance certification statement when the gear as defined at § 600.10 is will be in violation of the VMS require- onboard a vessel that has been issued ment. an Atlantic Tunas Purse Seine cat- (e) Operation. (1) Owners or operators egory permit. of vessels subject to requirements spec- (b) Hardware specifications. The VMS ified in paragraph (a) of this section hardware must be approved by NMFS must ensure the VMS unit is on so that and must be able to perform all NMFS it will submit automatic position re- required functions. NMFS will file with ports every hour, 24 hours a day. Ex- the Office of the Federal Register for cept as otherwise noted in this para- publication notification listing the graph (e)(1), the VMS unit must always specifications for approved VMS units. be on, operating and reporting without As necessary, NMFS will make addi- interruption, and NMFS enforcement tions and/or amendments to the VMS must receive hourly position reports hardware type approval list to account without interruption. No person may for changes in specifications or new interfere with, tamper with, alter, products offered by manufacturers. damage, disable, or impede the oper- NMFS will file with the Office of the ation of a VMS unit, or attempt any of Federal Register for publication notifi- the same. Vessels fishing outside the cation listing such additions and/or geographic area of operation of the in- amendments. stalled VMS will be in violation of the (c) Communications specifications. The VMS requirement. Owners of vessels communications service provider must may request a documented power down be approved by NMFS and must be able exemption from NMFS enforcement if to provide all NMFS required func- the vessel will not be fishing for an ex- tions. NMFS will file with the Office of tended period of time. The request the Federal Register for publication must describe the reason an exemption notification listing the specifications is being requested; the location of the for approved VMS communications vessel during the time an exemption is service providers. As necessary, NMFS sought; the exact time period for which

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an exemption is needed (i.e., the time number of hooks and the length of all the VMS signal will be turned off and bluefin retained (actual), and the turned on again); and sufficient infor- length of all bluefin tuna discarded mation to determine that a power dead or alive (approximate), must be down exemption is appropriate. Ap- reported within 12 hours of the comple- proval of a power down must be docu- tion each pelagic longline haul-back. mented and will be granted, at the dis- (ii) Purse Seine gear. The vessel owner cretion of NMFS enforcement, only in or operator of a vessel that has purse certain circumstances (e.g., when the seine gear on board must report to vessel is going into dry dock for re- NMFS using the attached VMS ter- pairs, or will not be fishing for an ex- minal, or using an alternative method tended period of time). specified by NMFS as follows: For each (2) Hailing out. Prior to departure for purse seine set, as instructed by NMFS, each trip, a vessel owner or operator the date and area of the set, and the must initially report to NMFS declar- length of all bluefin retained (actual), ing any highly migratory species the and the length of all bluefin tuna dis- vessel will target on that trip and the carded dead or alive (approximate), specific type(s) of fishing gear that will must be reported within 12 hours of the be on board the vessel, using NMFS-de- completion of the retrieval of each set. fined gear codes. If the vessel owner or (5) Vessel owners or operators that operator participates in multiple HMS decide not to fish for or retain HMS for fisheries, or possesses multiple fishing a period of time encompassing two or gears on board the vessel, the vessel more trips may follow the require- owner or operator must submit mul- ments of this paragraph (e)(5) in lieu of tiple electronic reports to NMFS. If, paragraphs (e)(2) and (e)(3) of this sec- during the trip, the vessel switches to tion. a gear type or species group not re- (i) If a vessel owner or operator de- ported on the initial declaration, an- cides not to fish for or retain HMS for other declaration must be submitted a period of time encompassing two or before this fishing begins. This infor- more trips, that owner or operator may mation must be reported to NMFS choose to ‘‘declare out’’ of the fishery. using an attached VMS terminal or To ‘‘declare out,’’ the vessel owner or using another method as instructed by operator must contact NMFS using an NMFS enforcement. attached VMS terminal to indicate the (3) Hailing in. A vessel owner or oper- operator does not plan to fish for or re- ator must report advance notice of tain HMS. By ‘‘declaring out’’ of the landing to NMFS. For the purposes of HMS fishery, the vessel owner or oper- this paragraph (e)(3), landing means to ator is exempt from the requirements arrive at a dock, berth, beach, seawall, of paragraphs (e)(2) and (e)(3) of this or ramp. The vessel owner or operator section, unless the circumstances de- is responsible for ensuring that NMFS scribed in paragraph (e)(5)(ii) of this is contacted at least 3 hours and no section apply, but must still comply more than 12 hours in advance of land- with all other HMS regulations that ing regardless of trip duration. This in- are applicable to the vessel including formation must be reported to NMFS area and gear closures. using an attached VMS terminal and (ii) If a vessel owner or operator has must include the date, approximate advised NMFS that it will not be fish- time, and location of landing. ing for or retaining HMS as described (4) Bluefin tuna and fishing effort re- in paragraph (e)(5)(i) of this section, porting requirements for vessels fish- but incidentally catches and retains ing either with pelagic longline gear or any HMS while fishing, the vessel purse seine gear—(i) Pelagic longline owner is required to change the target gear. The vessel owner or operator of a species declaration and advise NMFS, vessel that has pelagic longline gear on as described in paragraph (e)(2) of this board must report to NMFS using the section while at sea before landing attached VMS terminal, or using an al- with any HMS. The vessel must also re- ternative method specified by NMFS as port advance notice of landing to follows: For each set, as instructed by NMFS as described in paragraph (e)(3) NMFS, the date and area of the set, the of this section.

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(iii) Once the vessel owner or oper- § 635.70 Penalties. ator changes the declaration per para- (a) General. See § 600.735 of this chap- graph (e)(5)(ii) of this section, that ves- ter. sel is assumed to be fishing under the (b) Civil procedures for Atlantic tuna. requirements of paragraphs (e)(1) Because of the perishable nature of At- through (e)(3) of this section until the lantic tuna when it is not chilled or vessel owner or operator makes an- frozen, an authorized officer may cause other declaration under paragraph to be sold, for not less than its reason- (e)(5) of this section. able market value, unchilled or (f) Interruption. When the vessel oper- unfrozen Atlantic tuna that may be ator is aware that transmission of seized and forfeited under ATCA and automatic position reports has been in- this part. terrupted, or when notified by NMFS that automatic position reports are not § 635.71 Prohibitions. being received, the vessel operator In addition to the prohibitions speci- must contact NMFS and follow the in- fied in § 600.725 of this chapter, it is un- structions given. Such instructions lawful for any person subject to the ju- may include but are not limited to risdiction of the United States to vio- manually communicating to a location late any provision of this part, ATCA, designated by NMFS the vessel’s posi- the Magnuson-Stevens Act, or any tion or returning to port until the VMS other rules promulgated under ATCA is operable. or the Magnuson-Stevens Act. (g) Repair and replacement. After a (a) General. It is unlawful for any per- fishing trip during which interruption son or vessel subject to the jurisdiction of automatic position reports has oc- of the United States to: curred, the vessel’s owner or operator (1) Falsify information required on must have a qualified marine elec- an application for a permit submitted trician replace or repair the VMS unit under § 635.4 or § 635.32. prior to the vessel’s next trip. Repair (2) Fish for, catch, possess, retain, or reinstallation of a VMS unit or in- land, or sell Atlantic HMS without the appropriate valid vessel permit with stallation of a replacement, including the appropriate endorsements, LAP, change of communications service pro- EFP, scientific research permit, dis- vider, shall be in accordance with the play permit, chartering permit, or installation and activation require- shark research permit on board the ments specified at § 635.69(d) of this vessel, as specified in §§ 635.4 and 635.32. part. (3) Purchase, receive, or transfer or (h) Access. As a condition to obtain- attempt to purchase, receive, or trans- ing a LAP for Atlantic swordfish, fer, for commercial purposes, Atlantic sharks, or tunas, all vessel owners or bluefin tuna landed by owners of ves- operators using pelagic or bottom sels not permitted to do so under longline or gillnet gear, subject to the § 635.4, or purchase, receive, or transfer, VMS provisions of this section must or attempt to purchase, receive, or allow NMFS, the USCG, and their au- transfer Atlantic bluefin tuna without thorized officers and designees access the appropriate valid Federal Atlantic to the vessel’s position data obtained tunas dealer permit issued under § 635.4. from the VMS at the time of or after Purchase, receive, or transfer or at- its transmission to the vendor or re- tempt to purchase, receive, or transfer, ceiver, as the case may be. for commercial purposes, other than solely for transport, any BAYS tunas, [64 FR 29135, May 28, 1999, as amended at 64 swordfish, or sharks landed by owners FR 37705, July 13, 1999; 65 FR 47238, Aug. 1, of vessels not permitted to do so under 2000; 68 FR 45169, Aug. 1, 2003; 68 FR 74788, § 635.4, or purchase, receive, or transfer, Dec. 24, 2003; 69 FR 51012, Aug. 17, 2004; 72 FR or attempt to purchase, receive, or 57194, Oct. 5, 2007; 73 FR 40712, July 15, 2008; transfer, for commercial purposes, 75 FR 30528, June 1, 2010; 76 FR 75502, Dec. 2, 2011; 78 FR 68763, 68764, Nov. 15, 2013; 79 FR other than solely for transport, any 71606, Dec. 2, 2014; 80 FR 73146, Nov. 24, 2015] BAYS tunas, swordfish, or sharks with- out the appropriate valid dealer permit

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issued under § 635.4 or submission of re- (12) For any person to assault, resist, ports by dealers to NMFS according to oppose, impede, intimidate, interfere reporting requirements specified in with, obstruct, delay, or prevent, by § 635.5. This prohibition does not apply any means, any authorized officer in to HMS harvested by HMS Commercial the conduct of any search, inspection, Caribbean Small Boat vessel permit seizure or lawful investigation made in holders operating in the U.S. Caribbean connection with enforcement of this as defined at § 622.2 or to a shark har- part. vested from a vessel that has not been (13) Interfere with, delay, or prevent issued a permit under this part and by any means, the apprehension of an- that fishes exclusively within the wa- other person, knowing that such person ters under the jurisdiction of any state. has committed any act prohibited by (4) Sell or transfer or attempt to sell this part. or transfer, for commercial purposes, (14) Fail to install, activate, repair, an Atlantic tuna, shark, or swordfish or replace a NMFS-approved E–MTU other than to a dealer that has a valid vessel monitoring system prior to leav- dealer permit issued under § 635.4, ex- ing port with pelagic longline gear, cept that this does not apply to HMS bottom longline gear, gillnet gear, or Commercial Caribbean Small Boat ves- purse seine gear on board the vessel as sel permit holders operating in the U.S. specified in § 635.69. Caribbean as defined at § 622.2, or to a (15) Tamper with, or fail to operate shark harvested by a vessel that has and maintain a vessel monitoring sys- not been issued a permit under this tem as specified in § 635.69. part and that fishes exclusively within (16) Fail to contact NMFS or follow the waters under the jurisdiction of NMFS instructions when automatic po- any state. sition reporting has been interrupted (5) Fail to possess and make available as specified in § 635.69. for inspection a vessel permit on board (17) Fish for Atlantic tunas or sword- the permitted vessel or upon transfer fish with a gillnet or possess Atlantic of HMS to a dealer or a dealer permit tunas or swordfish on board a vessel at the dealer’s place of business, or to with a gillnet on board, as specified in alter any such permit as specified in § 635.19(a), (b), and (e). § 635.4(a). (18) Fail to retrieve fishing gear and (6) Falsify or fail to record, report, or move after an interaction with a pro- maintain information required to be tected species, as specified in recorded, reported, or maintained, as § 635.21(b)(3). specified in §§ 635.5 and 635.32 or in the (19) Utilize secondary gears as speci- terms and conditions of a permit issued fied in § 635.19(a) to capture, or attempt under § 635.4 or an EFP, scientific re- to capture, any undersized or free search permit, display permit, char- swimming Atlantic HMS, or fail to re- tering permit, or shark research permit lease a captured Atlantic HMS in the issued under § 635.32. manner specified in § 635.21(a). (7) Fail to allow an authorized agent (20) Fail to return a surgically im- of NMFS to inspect and copy reports planted archival tag of a retained At- and records, as specified in § 635.5(e) lantic HMS to NMFS or the research and (f) or § 635.32. entity, as specified in § 635.33, or fail to (8) Fail to make available for inspec- report the fish, as specified in § 635.5. tion an Atlantic HMS or its area of (21) Fail to maintain an Atlantic custody, as specified in § 635.5(e) and (f). HMS in the form specified in § 635.30. (9) Fail to report the catching of any (22) Fish for, catch, retain, or possess Atlantic HMS to which a conventional an Atlantic HMS that is less than its tag has been affixed under a tag and re- minimum size limit specified in § 635.20. lease program as specified in § 635.26(a). (23) Fail to comply with the restric- (10) Falsify or fail to display and tions on use of pelagic longline, bottom maintain vessel and gear identifica- longline, gillnet, buoy gear, speargun tion, as specified in § 635.6. gear, or green-stick gear as specified in (11) Fail to comply with the require- § 635.21. ments for at-sea observer coverage, as (24) Import, or attempt to import, specified in § 635.7 and § 600.746. any fish or fish products regulated

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under this part in a manner contrary carrying the required sea turtle by- to any import requirements or import catch mitigation gear, as specified at restrictions specified at § 635.40 or § 635.21(c)(5)(i) for pelagic longline gear 635.41. and § 635.21(d)(2) for bottom longline (25) Dispose of fish or parts thereof or gear. This equipment must be utilized other matter in any manner after any in accordance with § 635.21(c)(5)(ii) and communication or signal from an au- (d)(2) for pelagic and bottom longline thorized officer, or after the approach gear, respectively. of an authorized officer. (34) Fail to disengage any hooked or (26) Violate the terms and conditions entangled sea turtle with the least or any provision of a permit issued harm possible to the sea turtle as spec- under § 635.4 or § 635.32. ified at § 635.21 (c)(5) or (d)(2). (27) Operate a charterboat or (35) For any person to assault, resist, headboat without a valid U.S. Coast oppose, impede, intimidate, interfere Guard merchant marine or uninspected with, obstruct, delay, or prevent, by passenger vessel license on board the any means, NMFS personnel or anyone vessel when fishing for or possessing collecting information for NMFS, Atlantic HMS as specified at § 635.4(b). under an agreement or contract, relat- (28) Violate any provision of this ing to the scientific monitoring or part, the Magnuson-Stevens Act, management of Atlantic HMS. ATCA, or any regulations or permits (36) Fish with bottom or pelagic issued under the Magnuson-Stevens longline and shark gillnet gear for Act or ATCA. HMS without adhering to the gear op- (29) Land, transship, ship, transport, eration and deployment restrictions re- purchase, sell, offer for sale, import, quired in 50 CFR 635.21. export, or have in custody, possession, (37) Fail to report to NMFS, at the or control: number designated by NMFS, the inci- (i) Any fish that the person knows, or dental capture of listed whales with should have known, was taken, re- shark gillnet gear as required by tained, possessed, or landed contrary to § 635.21(g)(1). this part, without regard to the citi- (38) Fish for, or possess on board a zenship of the person or registry of the fishing vessel, species regulated under fishing vessel that harvested the fish. this part in unauthorized fishing areas (ii) Any fish of a species regulated as specified in § 635.25. pursuant to a recommendation of (39) Deploy or fish with any fishing ICCAT that was harvested, retained, or gear, from a vessel with a bottom possessed in a manner contrary to the longline on board, in any closed area regulations of another country. during the time periods specified at (30) Deploy or fish with any fishing § 635.21(d)(1). gear from a vessel or anchor a fishing (40) Deploy or fish with any fishing vessel, permitted or required to be per- gear, from a vessel with bottom mitted under this part, in any closed longline gear on board, without car- area as specified at § 635.21. rying a dipnet, line clipper, and (31) Deploy or fish with any fishing dehooking device as specified at gear from a vessel with a pelagic § 635.21(d)(2). longline on board in any closed or gear (41) Fail to immediately notify restricted areas during the time period NMFS upon the termination of a char- specified at § 635.21(c), except under the tering arrangement as specified in conditions listed at § 635.21 (c)(3). § 635.5(a)(5). (32) In the Gulf of Mexico, deploy or (42) Count chartering arrangement fish a pelagic longline with live bait af- catches against quotas other than fixed to the hooks or to possess live those defined as the Contracting Party bait, or set up a well or tank to main- of which the chartering foreign entity tain live bait, aboard a vessel with pe- is a member as specified in § 635.5(a)(5). lagic longline gear on board as speci- (43) Fail to submit catch information fied at § 635.21(c)(4). regarding fishing activities conducted (33) Deploy or fish with any fishing under a chartering arrangement with a gear from a vessel with pelagic or bot- foreign entity, as specified in tom longline gear on board without § 635.5(a)(5).

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(44) Offload charter arrangement (54) Possess, use, or deploy, in the catch in ports other than ports of the Gulf of Mexico, any circle hook, other chartering Contracting Party of which than as described at § 635.21(c). Vessels the foreign entity is a member or off- in the Gulf of Mexico, with pelagic gear load catch without the direct super- onboard, are prohibited from pos- vision of the chartering foreign entity sessing, using, or deploying circle as specified in § 635.5(a)(5). hooks that are constructed of round (45) Import or attempt to import wire stock which is larger than 3.65 tuna or tuna-like species harvested mm in diameter (See: from the ICCAT convention area by a § 635.21(c)(5)(iii)(B)(2)(i)). fishing vessel that is not listed in the (55) Fail to electronically submit an ICCAT record of authorized vessels as Atlantic HMS dealer report through specified in § 635.41(b). the HMS electronic dealer reporting (46) Import or attempt to import system to report BAYS tunas, sword- tuna or tuna-like species harvested by fish, and sharks to NMFS in accord- a fishing vessel on the ICCAT illegal, ance with § 635.5, if issued, or required unreported, and unregulated fishing to be issued, a Federal Atlantic HMS list as specified in § 635.41(c). dealer permit pursuant to § 635.4. (47) Import or attempt to import (56) Have been issued a valid HMS tuna or tuna-like species, placed in Commercial Caribbean Small Boat per- mit and to purchase, barter for, or cages for farming and/or trans- trade for HMS harvested by other ves- shipment, harvested in the ICCAT con- sels with the intent to sell, as specified vention area and caught by a fishing in § 635.4(o)(5). vessel included on the ICCAT list as en- (57) Fail to appropriately stow gaged in illegal, unreported, and un- longline gear when transiting a closed regulated fishing as specified in or gear restricted area, as specified in § 635.41(d). § 635.21(b)(2). (48) Purchase any HMS that was (58) Fish with pelagic longline gear in offloaded from an individual vessel in the Cape Hatteras Gear Restricted area excess of the retention limits specified if not determined by NMFS to be in §§ 635.23 and 635.24. ‘‘qualified’’ under § 635.21(c)(3). (49) Sell any HMS that was offloaded (59) Fish for, retain, possess, or land from an individual vessel in excess of any HMS from a vessel with a pelagic the retention limits specified in longline on board when the Atlantic §§ 635.23 and 635.24. Tunas Longline category fishery is (50) Fish without a NMFS safe han- closed, as specified in § 635.28(a)(3), dling, release, and identification work- (b)(7), (c)(3), and (d). shop certificate, as required in § 635.8. (60) Buy, trade, or barter for any (51) Fish without having on board the HMS from a vessel with pelagic vessel a valid safe handling, release, longline gear is on board when the At- and identification workshop certificate lantic Tunas Longline category fishery issued to the vessel owner and operator is closed, as specified in § 635.31(a)(2), as required in § 635.8. (c), and (d). (52) Falsify a NMFS safe handling, re- (61) Transfer in port or at sea any lease, and identification workshop cer- tuna, tuna-like species, or other HMS, tificate or a NMFS Atlantic shark as specified in § 635.29(a). identification workshop certificate as (62) A vessel owner or operator that specified at § 635.8. has an HMS Charter/Headboat permit (53) Fish for, catch, possess, retain, without a commercial sale endorse- or land an Atlantic swordfish using, or ment is prohibited from selling any At- captured on, ‘‘buoy gear’’ as defined at lantic HMS. § 635.2, unless the vessel owner has been (b) Atlantic tunas. It is unlawful for issued a swordfish directed limited ac- any person or vessel subject to the ju- cess 125 permit or a swordfish handgear risdiction of the United States to: LAP in accordance with § 635.4(f) or a (1) Engage in fishing with a vessel valid HMS Commercial Caribbean that has been issued an Atlantic Tunas Small Boat permit in accordance with or Atlantic HMS permit under § 635.4, § 635.4(o). unless the vessel travels to and from

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the area where it will be fishing under (13) As a vessel with an Atlantic its own power and the person operating Tunas General category permit, fail to that vessel brings any BFT under con- immediately cease fishing and imme- trol (secured to the catching vessel diately return to port after catching and/or brought on board) with no as- the applicable limit of large medium or sistance from another vessel, except as giant bluefin tuna on a commercial shown by the operator that the safety fishing day, as specified in § 635.23(a)(3). of the vessel or its crew was jeopard- (14) As a person aboard a vessel ized or other circumstances existed issued an HMS Angling or Charter/ that were beyond the control of the op- Headboat permit, fail to immediately erator. cease fishing and immediately return (2) [Reserved] to port after catching a large medium (3) Fish for, catch, retain, or possess or giant BFT or fail to report such a BFT less than the large medium size catch, as specified in § 635.23(b)(1)(iii) class by a person aboard a vessel other and (c)(1) through (c)(3). than one that has on board a valid (15) As a person aboard a vessel HMS Angling or Charter/Headboat per- issued an HMS Angling or HMS Char- mit, or an Atlantic tunas Purse Seine ter/Headboat permit, sell, offer for sale, category permit as authorized under or attempt to sell a large medium or § 635.23 (b), (c), and (e)(2). giant BFT retained when fishing under (4) Fail to inspect a vessel’s permit, the circumstances specified in fail to affix a dealer tag to a large me- § 635.23(b)(1)(iii) and (c)(1) through dium or giant BFT, or fail to use such tag as specified in § 635.5(b)(2). (c)(3). (5) Fail to report a large medium or (16) Retain a BFT caught under the giant bluefin tuna that is not sold, as catch and release program specified in specified in § 635.5(a)(3), or fail to report § 635.26. a bluefin tuna that is sold, as specified (17) As a vessel with an Atlantic in § 635.5(a)(4). Tunas Purse Seine category permit, (6) As the owner of a vessel per- catch, possess, retain, or land bluefin mitted, or required to be permitted, in in excess of its allocation of the Purse the Atlantic HMS Angling or Atlantic Seine category quota as specified in HMS Charter/Headboat category, fail § 635.23(e), or fish for bluefin under that to report a BFT, as specified in allocation prior to the commencement § 635.5(c)(1) or (c)(3). date of the directed bluefin purse seine (7) Fish for, catch, retain, or possess fishery as specified in § 635.27(a)(4). a bluefin tuna with gear not authorized (18) As a vessel with a Purse Seine for the category permit issued to the category Atlantic tunas permit, land vessel or to have such gear on board BFT smaller than the large medium when in possession of a bluefin tuna, as size class except as specified under specified in § 635.19(b). § 635.23(e)(2). (8) Fail to request an inspection of a (19) Fish for, retain, possess, or land purse seine vessel, as specified in a BFT when the fishery is closed, as § 635.21(e)(2). specified in § 635.28(a), except as may be (9) Fish for or catch BFT in a di- authorized for catch and release under rected fishery with purse seine nets § 635.26. without an allocation made under (20) Approach to within 100 yd (91.5 § 635.27(a)(4). m) of the cork line of a purse seine net (10) Fish for or catch any Atlantic used by a vessel fishing for Atlantic tunas in a directed fishery with purse tuna, or for a purse seine vessel to ap- seine nets if there is no remaining BFT proach to within 100 yd (91.5 m) of a allocation made under § 635.27 (a)(4). vessel actively fishing for Atlantic (11) Exceed the recreational catch tuna, except that two vessels that have limit for yellowfin tuna, as specified in Atlantic Tunas Purse Seine category § 635.22(d). LAPs may approach closer to each (12) Exceed a catch limit for BFT other. specified for the appropriate permit (21) Transfer a tuna as specified in category, as specified in § 635.23. § 635.29(a), except as may be authorized

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for the transfer of Atlantic BFT be- not possess either a valid HMS Angling tween purse seine vessels, as specified or HMS Charter/Headboat permit, as in § 635.29(c). specified at § 635.21(i). (22) As the owner or operator of a (36) Possess J-hooks onboard a vessel purse seine vessel, fail to comply with that has pelagic longline gear onboard, the requirement for possession at sea and that has been issued, or is required and landing of BFT under § 635.30(a). to have, a swordfish, shark, or Atlantic (23) Fish for, catch, possess, or retain Tunas Longline category LAP for use a bluefin tuna, except as specified in the Atlantic Ocean, including the under § 635.23. Caribbean Sea and the Gulf of Mexico, (24) Fail to comply with the restric- except when green-stick gear is on- tions on sale and purchase of an Atlan- board, as specified at tic tuna, as specified in §§ 635.5(b), § 635.21(c)(2)(vii)(A) and (c)(5)(iii)(B)(3). 635.23, and 635.31(a). (37) Use or deploy J-hooks with pe- (25) [Reserved] lagic longline gear from a vessel that (26) For any person to refuse to pro- has been issued, or is required to have, vide information requested by NMFS a swordfish, shark, or Atlantic Tunas personnel or anyone collecting infor- Longline category LAP for use in the mation for NMFS, under an agreement Atlantic Ocean, including the Carib- or contract, relating to the scientific bean Sea and Gulf of Mexico, as speci- monitoring or management of Atlantic fied in § 635.21(c)(5)(iii)(B). tunas. (38) As specified in (27) Possess a large medium or giant § 635.21(c)(5)(iii)(B)(3), possess more BFT, after it has been landed, that than 20 J-hooks onboard a vessel that does not have a dealer tag affixed to it has been issued, or is required to have, as specified in § 635.5(b)(2)(ii), unless a swordfish, shark, or Atlantic Tunas the BFT is not to be sold and has been Longline category LAP for use in the reported per the requirements specified Atlantic Ocean, including the Carib- in §§ 635.5(a)(3) or 635.5(c). bean Sea and Gulf of Mexico, when pos- (28) Participate in any HMS rec- reational fishing activity aboard a ves- sessing onboard both pelagic longline sel issued an Atlantic Tunas General gear and green-stick gear as defined in category permit unless, as specified at § 635.2. § 635.4(c)(2) and (3), the vessel has reg- (39) Use or deploy more than 10 hooks istered and paid an entry fee to, and is at one time on any individual green- fishing under the rules of, a rec- stick gear, as specified in § 635.21(j), reational HMS fishing tournament reg- (c)(2)(vii)(A), or (c)(5)(iii)(B)(3). istered as required under § 635.5(d) (40) Possess, use, or deploy J-hooks (29) [Reserved] smaller than 1.5 inch (38.1 mm), when (30) Fish for any HMS, other than At- measured in a straight line over the lantic BAYS tunas, with speargun fish- longest distance from the eye to any ing gear, as specified at § 635.21(i). part of the hook, when fishing with or (31) Harvest or fish for BAYS tunas possessing green-stick gear onboard a using speargun gear with powerheads, vessel that has been issued, or is re- or any other explosive devices, as spec- quired to have, a swordfish, shark, or ified in § 635.21(i). Atlantic Tunas Longline category LAP (32) Sell, purchase, barter for, or for use in the Atlantic Ocean, including trade for an Atlantic BAYS tuna har- the Caribbean Sea and Gulf of Mexico, vested with speargun fishing gear, as as specified at § 635.21(c)(5)(iii)(B)(3) or specified at § 635.31(a)(1). (c)(2)(vii)(A). (33) Fire or discharge speargun gear (41) Fail to report bluefin catch by without being physically in the water, pelagic longline or purse seine gear, as specified at § 635.21(i). through VMS as specified at (34) Use speargun gear to harvest a § 635.69(e)(4). BAYS tuna restricted by fishing lines (42) Fail to report all dead discards or or other means, as specified at landings of bluefin through the NMFS § 635.21(i). electronic catch reporting system (35) Use speargun gear to fish for within 24 hours of landing or the end of BAYS tunas from a vessel that does the trip as specified at § 635.5(a)(4).

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(43) Fish for, retain, possess, or land (55) Fail to provide bluefin tuna land- albacore tuna when the fishery is ings and dead discard information as closed, as specified in § 635.28(d). specified at § 635.15(b)(4)(iii). (44) Buy, purchase, trade, or barter (56) Fish with or have pelagic for albacore tuna when the fishery is longline gear on board if any quota closed, as specified in § 635.31(a)(2)(ii). debt associated with the permit from a (45) Fail to comply with landing re- preceding calendar year quarter has port requirements, as specified under not been settled as specified in § 635.5(b)(2)(i)(A). § 635.15(b)(5)(i). (46) Deploy or fish with any fishing (57) Lease IBQ allocation during the gear from a vessel with a pelagic period from 6 p.m. December 31 to 2 longline on board that does not have an p.m. January 1 (Eastern Time) as speci- approved and working EM system as fied at § 635.15(c)(3)(iv). specified in § 635.9; tamper with, or fail (58) Lease IBQ allocation if the condi- to install, operate or maintain one or tions of paragraph § 635.15(c)(2) are not more components of the EM system; met. obstruct the view of the camera(s); or (59) Fish with or have pelagic fail to handle bluefin tuna in a manner longline gear on board if any annual that allows the camera to record the level quota debt associated with the fish; as specified in § 635.9. vessel from a preceding year has not (47) Depart on a fishing trip or deploy been settled, as specified at or fish with any fishing gear from a § 635.15(b)(5)(ii). vessel with a pelagic longline on board (c) Billfish. It is unlawful for any per- without a minimum amount of IBQ al- son or vessel subject to the jurisdiction location available for that vessel, as of the United States to: specified in § 635.15(b)(3), as applicable. (1) As specified in § 635.19(c), retain a (48) Depart on a fishing trip or deploy billfish harvested by gear other than or fish with any fishing gear from a rod and reel, or retain a billfish on vessel with a pelagic longline on board board a vessel unless that vessel has without accounting for bluefin caught been issued an Atlantic HMS Angling as specified in § 635.15(b)(4). or Charter/Headboat permit or has been (49) Lease bluefin quota allocation to issued an Atlantic Tunas General cat- or from the owner of a vessel not issued egory permit and is participating in a a valid Atlantic Tunas Longline permit tournament in compliance with or not an Atlantic Tunas Purse Seine § 635.4(c). participant as specified under § 635.15(c)(1). (2) Transfer a billfish in port or at (50) Fish in the Gulf of Mexico with sea, as specified in § 635.29(a). pelagic longline gear on board if the (3) Fail to maintain a billfish in the vessel has only designated Atlantic form specified in § 635.30(b). IBQ allocation, as specified under (4) Sell or purchase a billfish, as spec- § 635.15(b)(2). ified in § 635.31(b). (51) Depart on a fishing trip or deploy (5) Retain onboard a vessel a longbill or fish with any fishing gear from a spearfish, or a blue marlin, white mar- vessel with a pelagic longline on board lin, roundscale spearfish, or sailfish in the Gulf of Mexico, without a min- that is less than the minimum size imum amount of designated GOM IBQ specified in § 635.20(d). allocation available for that vessel, as (6) As the owner of a vessel per- specified in § 635.15(b)(3). mitted, or required to be permitted, in (52) If leasing IBQ allocation, fail to the Atlantic HMS Angling or Atlantic provide all required information on the HMS Charter/Headboat category, fail application, as specified under to report a billfish, as specified in § 635.15(c)(2). § 635.5(c)(2) or (c)(3). (53) Lease IBQ allocation in an (7) Deploy a J-hook or an offset circle amount that exceeds the amount of hook in combination with natural bait IBQ allocation associated with the les- or a natural bait/artificial lure com- sor, as specified under § 635.15(c)(2). bination when participating in a tour- (54) Sell quota share, as specified nament for, or including, Atlantic bill- under § 635.15(d). fish, as specified in § 635.21(f).

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(8) Take, retain, or possess an Atlan- (12) Fish for Atlantic sharks with un- tic blue marlin, white marlin, and authorized gear or possess Atlantic roundscale spearfish when the fishery sharks on board a vessel with unau- for these species has been restricted to thorized gear on board as specified in catch and release fishing only, as speci- § 635.19(d). fied in § 635.27(d). (13) Fish for Atlantic sharks with a (d) Shark. It is unlawful for any per- gillnet or possess Atlantic sharks on son or vessel subject to the jurisdiction board a vessel with a gillnet on board, of the United States to: except as specified in § 635.21(g). (1) Exceed a recreational retention (14) First receive or attempt to first limit for shark, as specified in receive Atlantic sharks without mak- § 635.22(c). ing available for inspection, at each of (2) Exceed a commercial retention the dealer’s places of business listed on limit for shark, as specified in the dealer permit which first receives § 635.24(a). Atlantic sharks, an original, valid deal- (3) Retain, possess, or land a shark of a species or management group when er or proxy Atlantic shark identifica- the fishery for that species, manage- tion workshop certificate issued by ment group, region, and/or sub-region NMFS to the dealer or proxy in viola- is closed, as specified in § 635.28(b). tion of § 635.8(b), except that trucks or (4) Sell or purchase a shark of a spe- other conveyances of the business must cies or management group when the possess a copy of such certificate. fishery for that species, management (15) Sell or transfer or attempt to sell group, region, and/or sub-region is or transfer a shark or sharks or part of closed, as specified in § 635.28(b). a shark or sharks in excess of the re- (5) Transfer a shark in port or at sea, tention limits specified in § 635.24(a). as specified in § 635.29(a). (16) First receive or attempt to first (6) Fail to maintain a shark in its receive a shark or sharks or part of a proper form, as specified in § 635.30(c). shark or sharks landed in excess of the Fail to maintain naturally attached retention limits specified in § 635.24(a). shark fins through offloading as speci- (17) Replace sharks that are onboard fied in § 635.30(c), except for under the the vessel for retention with sharks of conditions specified in § 635.30(c)(5). higher quality or size that are caught (7) Sell or purchase smooth dogfish later in a particular trip as specified in fins that are disproportionate to the § 635.24(a). weight of smooth dogfish carcasses, as (18) Retain or possess on board a ves- specified in § 635.30(c)(5). sel in the trawl fishery smoothhound (8) Fail to have shark fins and car- sharks in an amount that exceeds 25 casses weighed and recorded, as speci- percent, by weight, of the total fish on fied in § 635.30(c). board or offloaded from the vessel, as (9) Fail to comply with the restric- specified at § 635.24(a)(7). tions on sale and purchase of a shark, (19) Retain, possess, transship, land, as specified in § 635.31(c). store, sell or purchase silky sharks, (10) Retain, possess, sell, or purchase oceanic whitetip sharks, or scalloped, a prohibited shark, including parts or smooth, or great hammerhead sharks pieces of prohibited sharks, as specified as specified in § 635.21(c)(1)(ii), under §§ 635.22(c), 635.24(a), and 635.27(b), § 635.22(a)(2), § 635.24, and § 635.31(c)(6). or fail to disengage any hooked or en- tangled prohibited shark with the least (20) Retain, possess, or land porbeagle harm possible to the animal as speci- sharks that were alive at the time of fied at § 635.21(d). haulback as specified in (11) First receive or attempt to first §§ 635.21(c)(1)(iii), 635.22(a)(3), and 635.24 receive Atlantic sharks without a valid (a)(10). Federal Atlantic shark dealer or proxy (21) Fish for, retain, possess, or land Atlantic shark identification workshop sharks without a shark endorsement, certificate issued to the dealer or proxy as specified in § 635.4(b) and (c). or fail to be certified for completion of (22) Except when fishing only with a NMFS Atlantic shark identification flies or artificial lures, fish for, retain, workshop in violation of § 635.8. possess, or land sharks south of 41°43′

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N. latitude without deploying non-off- (4) When the incidental catch fishery set, corrodible circle hooks when fish- for swordfish is closed, possess, land, ing at a registered recreational HMS sell, or purchase a swordfish, as speci- fishing tournament that has awards or fied in § 635.28(c)(2). prizes for sharks, as specified in (5) Transfer a swordfish in port or at § 635.21(f) and (k). sea, as specified in § 635.29(a). (23) Except when fishing only with (6) Fail to maintain a swordfish in flies or artificial lures, fish for, retain, the form specified in § 635.30(d). possess, or land sharks south of 41°43′ (7) Fail to comply with the restric- N. latitude without deploying non-off- tions on sale and purchase of a sword- set, corrodible circle hooks when issued fish, as specified in § 635.31(d). an Atlantic HMS Angling permit or (8) Fish for North Atlantic swordfish HMS Charter/Headboat permit with a from, possess North Atlantic swordfish shark endorsement, as specified in on board, or land North Atlantic § 635.21(f) and (k). swordfish from a vessel using or having (24) Release sharks with more than 3 on board gear other than pelagic feet (91.4 cm) of trailing gear, as speci- longline, green-stick gear, or handgear, fied in § 635.21(c)(6). except as specified at § 635.19(e). (25) Fail to follow the fleet commu- (9) Fish for swordfish from the South nication and relocation protocol for Atlantic swordfish stock using gear dusky sharks as specified at other than pelagic longline, as speci- § 635.21(c)(6), (d)(2), and (g)(5). fied at § 635.19(e)(1) and § 635.27(c)(1)(ii). (26) Deploy bottom longline gear without circle hooks, or have on board (10) Fish for, catch, possess, retain, both bottom longline gear and non-cir- or land an Atlantic swordfish using, or cle hooks, as specified at § 635.21(d)(4). captured on, ‘‘buoy gear’’ as defined at (27) Land a shortfin mako shark that § 635.2, unless, as specified in was caught with gear other than pe- § 635.19(e)(3), the vessel owner has been lagic longline as specified at § 635.21(a). issued a swordfish directed LAP or a (28) Retain, land, or possess a swordfish handgear LAP in accordance shortfin mako shark that was caught with § 635.4(f) or a valid HMS Commer- with pelagic longline gear and was cial Caribbean Small Boat permit in alive at haulback as specified at accordance with § 635.4(o). § 635.21(c)(1). (11) As the owner of a vessel per- (29) As specified at § 635.21(c)(1), re- mitted, or required to be permitted, in tain, land, or possess a shortfin mako the swordfish directed, swordfish shark that was caught with pelagic handgear LAP category, or issued a longline gear when the electronic mon- valid HMS Commercial Caribbean itoring system was not installed and Small Boat permit and utilizing buoy functioning in accordance with the re- gear, to possess or deploy more than 35 quirements at § 635.9. individual floatation devices, to deploy (e) Swordfish. It is unlawful for any more than 35 individual buoy gears per person or vessel subject to the jurisdic- vessel, or to deploy buoy gear without tion of the United States to: affixed monitoring equipment, as speci- (1) Purchase, barter for, or trade for fied at § 635.21(h). a swordfish from the north or south At- (12) Fail to mark each buoy gear as lantic swordfish stock without a dealer required at § 635.6(c)(1). permit as specified in § 635.4(g), unless (13) Exceed the incidental catch re- the harvesting vessel possesses a valid tention limits specified at § 635.24(b). HMS Commercial Caribbean Small (14) Exceed the recreational catch Boat permit issued under § 635.4 of this limit for North Atlantic swordfish, as part and harvested the swordfish in the specified in § 635.22(f). U.S. Caribbean as defined at § 622.2. (15) As the owner of a vessel per- (2) Fail to comply with the restric- mitted, or required to be permitted, in tions on use of a pelagic longline speci- the Atlantic HMS Angling or the At- fied in § 635.21(b) and (c). lantic HMS Charter/Headboat category (3) When the directed fishery for (and only when on a for-hire trip), fail swordfish is closed, exceed the limits to report a North Atlantic swordfish, specified in § 635.28(c)(1)(i) and (c)(1)(ii). as specified in § 635.5(c)(2) or (c)(3).

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(16) Possess any HMS, other than At- TABLE 1 OF APPENDIX A TO PART 635— lantic swordfish, harvested with buoy OCEANIC SHARKS—Continued gear as specified at § 635.19 unless issued a valid HMS Commercial Carib- Blue, Prionace glauca bean Small Boat permit and operating Oceanic whitetip, Carcharhinus longimanus Porbeagle, Lamna nasus within the U.S. Caribbean as defined at Shortfin mako, Isurus oxyrinchus § 622.2 of this chapter. Thresher, Alopias vulpinus (17) Failure to construct, deploy, or D. Prohibited Sharks retrieve buoy gear as specified at Atlantic angel, Squatina dumeril § 635.21(h). Basking, Cetorhinus maximus (18) As the owner of a vessel per- Bigeye sand tiger, Odontaspis noronhai Bigeye sixgill, Hexanchus nakamurai mitted, or required to be permitted, in Bigeye thresher, Alopias superciliosus the Swordfish General Commercial per- Bignose, Carcharhinus altimus mit category, possess North Atlantic Caribbean reef, Carcharhinus perezii swordfish taken from its management Caribbean sharpnose, Rhizoprionodon porosus unit by any gear other than rod and Dusky, Carcharhinus obscurus reel, handline, bandit gear, green-stick, Galapagos, Carcharhinus galapagensis or harpoon gear, as specified in Longfin mako, Isurus paucus Narrowtooth, Carcharhinus brachyurus § 635.19(e). Night, Carcharhinus signatus [64 FR 29135, May 28, 1999] Sand tiger, Carcharias taurus Sevengill, Heptranchias perlo EDITORIAL NOTE: For FEDERAL REGISTER ci- Sixgill, Hexanchus griseus tations affecting § 635.71, see the List of CFR Smalltail, Carcharhinus porosus Sections Affected, which appears in the Whale, Rhincodon typus Finding Aids section of the printed volume White, Carcharodon carcharias and at www.fdsys.gov. E. Smoothhound Sharks EFFECTIVE DATE NOTE: At 83 FR 8950, Mar. Smooth dogfish, Mustelus canis 2, 2018, § 635.71 was amended by adding para- Florida smoothhound, Mustelus norrisi graph (d)(27), (28) and (29), effective Mar. 2, Gulf smoothhound, Mustelus sinusmexicanus 2018 through Aug. 29, 2018. At 83 FR 42452, Mustelus species Aug. 22, 2018, the effective date for these amendments was extended to Mar. 3, 2019. TABLE 2 OF APPENDIX A TO PART 635— PELAGIC SPECIES Albacore tuna, Thunnus alalunga Bigeye tuna, Thunnus obesus APPENDIX A TO PART 635—SPECIES Blue shark, Prionace glauca TABLES Bluefin tuna, Thunnus thynnus Dolphin fish, Coryphaena hippurus TABLE 1 OF APPENDIX A TO PART 635— Oceanic whitetip shark, Carcharhinus OCEANIC SHARKS longimanus Porbeagle shark, Lamna nasus A. Large Coastal Sharks Shortfin mako shark, Isurus oxyrinchus Atlantic and Gulf of Mexico blacktip, Skipjack tuna, Katsuwonus pelamis Carcharhinus limbatus Swordfish, Xiphias gladius Bull, Carcharhinus leucas Thresher shark, Alopias vulpinus Great hammerhead, Sphyrna mokarran Wahoo, Acanthocybium solandri Lemon, Negaprion brevirostris Yellowfin tuna, Thunnus albacares Nurse, Ginglymostoma cirratum TABLE 3 OF APPENDIX A TO PART 635— Sandbar, Carcharhinus plumbeus DEMERSAL SPECIES Scalloped hammerhead, Sphyrna lewini Silky, Carcharhinus falciformis Atlantic sharpnose shark, Rhizoprionodon Smooth hammerhead, Sphyrna zygaena terraenovae Spinner, Carcharhinus brevipinna Black grouper, Mycteroperca bonaci Tiger, Galeocerdo cuvier Blackfin snapper, Lutjanus buccanella B. Small Coastal Sharks Blacknose shark, Carcharhinus acronotus Atlantic and Gulf of Mexico Atlantic sharpnose, Blacktip shark, Carcharhinus limbatus Rhizoprionodon terraenovae Blueline tilefish, Caulolatilus microps Atlantic and Gulf of Mexico blacknose, Bonnethead shark, Sphyrna tiburo Carcharhinus acronotus Bull shark, Carcharhinus leucas Atlantic and Gulf of Mexico bonnethead, Cubera snapper, Lutjanus cyanopterus Sphyrna tiburo Dog snapper, Lutjanus jocu Finetooth, Carcharhinus isodon Finetooth shark, Carcharhinus isodon C. Pelagic Sharks Gag grouper, Mycteroperca microlepis

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Lane snapper, Lutjanus synagris 648.18 [Reserved] Lemon shark, Negaprion brevirostris Mangrove snapper, Lutjanus griseus Subpart B—Management Measures for the Marbled grouper, Dermatolepis inermis Atlantic Mackerel, Squid, and Misty grouper, Epinephelus mystacinus Butterfish Fisheries Mutton snapper, Lutjanus analis 648.20 Mid-Atlantic Fishery Management Nurse shark, Ginglymostoma cirratum Council Acceptable Biological Catch Queen snapper, Etelis oculatus (ABC) control rules. Red grouper, Epinephelus morio 648.21 Mid-Atlantic Fishery Management Red hind, Epinephelus guttatus Council risk policy. Red snapper, Lutjanus campechanus 648.22 Atlantic mackerel, squid, and Rock hind, Epinephelus adscensionis butterfish specifications. Sand tilefish, Malacanthus plumieri 648.23 Mackerel, squid, and butterfish gear Sandbar shark, Carcharhinus plumbeus restrictions. Schoolmaster snapper, Lutjanus apodus 648.24 Fishery closures and accountability Silk snapper, Lutjanus vivanus measures. Snowy grouper, Epinephelus niveatus 648.25 Atlantic Mackerel, squid, and butterfish framework adjustments to Speckled hind, Epinephelus drummondhayi management measures. Spinner shark, Carcharhinus brevipinna 648.26 Mackerel, squid, and butterfish pos- Tiger shark, Galeocerdo cuvieri session restrictions. Tilefish, Lopholatilus chamaeleonticeps Vermilion snapper, Rhomboplites aurorubens Subpart C—Management Measures for Warsaw grouper, Epinephelus nigritus Atlantic Salmon Yellowedge grouper, Epinephelus flavolimbatus 648.40 Prohibition on possession. Yellowfin grouper, Mycteroperca venenosa 648.41 Framework specifications. Yellowtail snapper, Ocyurus chrysurus Subpart D—Management Measures for the [64 FR 29135, May 28, 1999, as amended at 71 Atlantic Sea Scallop Fishery FR 58174, Oct. 2, 2006; 75 FR 30528, June 1, 2010; 76 FR 70066, Nov. 10, 2011; 78 FR 40349, 648.50 Shell-height standard. July 3, 2013; 80 FR 50102, Aug. 18, 2015; 80 FR 648.51 Gear and crew restrictions. 73146, Nov. 24, 2015] 648.52 Possession and landing limits. 648.53 Overfishing limit (OFL), acceptable biological catch (ABC), annual catch lim- PART 644 [RESERVED] its (ACL), annual catch targets (ACT), annual projected landings (APL), DAS al- PART 648—FISHERIES OF THE locations, and individual fishing quotas NORTHEASTERN UNITED STATES 648.54 State waters exemption. 648.55 Specifications and framework adjust- ments to management measures. Subpart A—General Provisions 648.56 Scallop research. 648.57–648.58 [Reserved] Sec. 648.59 Sea Scallop access areas. 648.1 Purpose and scope. 648.60 Sea scallop access area program re- 648.2 Definitions. quirements. 648.3 Relation to other laws. 648.61 [Reserved] 648.4 Vessel permits. 648.62 Northern Gulf of Maine (NGOM) Man- 648.5 Operator permits. agement Program. 648.6 Dealer/processor permits. 648.63 General category Sectors and har- 648.7 Recordkeeping and reporting require- vesting cooperatives. ments. 648.64 Flounder Stock sub-ACLs and AMs 648.8 Vessel identification. for the scallop fishery. 648.9 VMS vendor and unit requirements. 648.65 [Reserved] 648.10 VMS and DAS requirements for ves- sel owners/operators. Subpart E—Management Measures for the 648.11 At-sea sea sampler/observer coverage. Atlantic Surf Clam and Ocean Qua- 648.12 Experimental fishing. hog Fisheries 648.13 Transfers at sea. 648.70 Surfclam and ocean quahog Annual 648.14 Prohibitions. Catch Limit (ACL). 648.15 Facilitation of enforcement. 648.71 Surfclam and ocean quahog Annual 648.16 Penalties. Catch Targets (ACT). 648.17 Exemptions for vessels fishing in the 648.72 Surfclam and ocean quahog specifica- NAFO Regulatory Area. tions.

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