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Fishery Conservation and Management § 635.22

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Fishery Conservation and Management § 635.22 Fishery Conservation and Management Pt. 635 [82 FR 17400, Apr. 11, 2017, as amended at 84 FR 4737, Feb. 19, 2019] PART 635—ATLANTIC HIGHLY 635.21 Gear operation and deployment re- strictions. MIGRATORY SPECIES 635.22 Recreational retention limits. 635.23 Retention limits for bluefin tuna. Subpart A—General 635.24 Commercial retention limits for sharks, swordfish, and BAYS tunas. Sec. 635.25 Fishing areas. 635.1 Purpose and scope. 635.26 Catch and release. 635.2 Definitions. 635.27 Quotas. 635.3 Relation to other laws. 635.28 Fishery closures. 635.4 Permits and fees. 635.29 Transfer at sea and transshipment. 635.5 Recordkeeping and reporting. 635.30 Possession at sea and landing. 635.6 Vessel and gear identification. 635.31 Restrictions on sale and purchase. 635.7 At-sea observer coverage. 635.32 Specifically authorized activities. 635.33 Archival tags. 635.8 Workshops. 635.34 Adjustment of management meas- 635.9 Electronic monitoring. ures. Subpart B—Individual Vessel Measures Subpart D—Restrictions on Imports 635.14 [Reserved] 635.40 Restrictions to enhance conservation. 635.15 Individual bluefin tuna quotas. 635.41 Products denied entry. 635.16 [Reserved] Subpart E—International Port Inspection Subpart C—Management Measures 635.50 Basis and purpose. 635.19 Authorized gears. 635.51 Authorized officer. 635.20 Size limits. 635.52 Vessels subject to inspection. 467 VerDate Sep<11>2014 10:05 Mar 17, 2021 Jkt 250246 PO 00000 Frm 00477 Fmt 8010 Sfmt 8010 Q:\50\50V12.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB ER19FE19.022</GPH> § 635.1 50 CFR Ch. VI (10–1–20 Edition) 635.53 Prior notification. take a continuing review of State regu- 635.54 Reports. lations to determine if regulations ap- plicable to Atlantic tunas, swordfish or Subpart F—Enforcement billfish are at least as restrictive as 635.69 Vessel monitoring systems. regulations contained in this part and 635.70 Penalties. if such regulations are effectively en- 635.71 Prohibitions. forced. In such case, NMFS will file APPENDIX A TO PART 635—SPECIES TABLES with the Office of the Federal Register AUTHORITY: 16 U.S.C. 971 et seq.; 16 U.S.C. for publication notification of the basis 1801 et seq. for the determination and of the spe- cific regulations that shall or shall not SOURCE: 64 FR 29135, May 28, 1999, unless otherwise noted. apply in the territorial sea of the iden- tified State. Subpart A—General [64 FR 29135, May 28, 1999, as amended at 75 FR 30524, June 1, 2010] § 635.1 Purpose and scope. (a) The regulations in this part gov- § 635.2 Definitions. ern the conservation and management In addition to the definitions in the of Atlantic tunas, Atlantic billfish, At- Magnuson-Stevens Act, ATCA, and lantic sharks, and Atlantic swordfish § 600.10 of this chapter, the terms used under the authority of the Magnuson- in this part have following meanings. If Stevens Act and ATCA. They imple- applicable, the terms used in this part ment the 2006 Consolidated Highly Mi- supercede those used in § 600.10: gratory Species Fishery Management Archival tag means a device that is Plan and its amendments. The Atlantic implanted or affixed to a fish to elec- tunas regulations govern conservation tronically record scientific information and management of Atlantic tunas in about the migratory behavior of that the management unit. The Atlantic fish. billfish regulations govern conserva- ATCA Certificate of Eligibility (COE) tion and management of Atlantic bill- means the certificate that must ac- fish in the management unit. The At- company any applicable shipment of lantic swordfish regulations govern fish pursuant to a finding under 16 conservation and management of North U.S.C. 971d (c)(4) or (c)(5). and South Atlantic swordfish in the Atlantic Aggregated LCS means one of management unit. North Atlantic the following species, or parts thereof, swordfish are managed under the au- as listed in Table 1 of appendix A to thority of both ATCA and the Magnu- this part: Atlantic blacktip, bull, son-Stevens Act. South Atlantic sword- lemon, nurse, silky, spinner, and tiger. fish are managed under the sole au- thority of ATCA. The shark regula- Atlantic HMS means Atlantic tunas, tions govern conservation and manage- billfish, sharks, and swordfish. ment of sharks in the management Atlantic Ocean, as used in this part, unit, under the authority of the Mag- includes the North and South Atlantic nuson-Stevens Act. Oceans, the Gulf of Mexico, and the (b) Under section 9(d) of ATCA, Caribbean Sea. NMFS has determined that the regula- Atlantic shark identification workshop tions contained in this part with re- certificate means the document issued spect to Atlantic tunas are applicable by NMFS, or its designee, indicating within the territorial sea of the United that the person named on the certifi- States adjacent to, and within the cate has successfully completed the At- boundaries of, the States of New Hamp- lantic shark identification workshop. shire, Massachusetts, Rhode Island, Atlantic States, consistent with sec- New York, New Jersey, Delaware, tion 803 of Public law 103–206 (16 U.S.C. Maryland, Virginia, North Carolina, 5102), refers to Maine, New Hampshire, South Carolina, Georgia, Florida, Ala- Massachusetts, Rhode Island, Con- bama, Louisiana and Texas, and the necticut, New York, New Jersey, Penn- Commonwealths of Puerto Rico and sylvania, Delaware, Maryland, Vir- the Virgin Islands. NMFS will under- ginia, North Carolina, South Carolina, 468 VerDate Sep<11>2014 10:05 Mar 17, 2021 Jkt 250246 PO 00000 Frm 00478 Fmt 8010 Sfmt 8010 Q:\50\50V12.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 635.2 Georgia, Florida, the District of Co- Charleston Bump closed area means lumbia, and the Potomac River Fish- the Atlantic Ocean area seaward of the eries Commission, for purposes of ap- inner boundary of the U.S. EEZ from a plying the Shark Conservation Act ex- point intersecting the inner boundary ception at 50 CFR 635.30(c)(5). of the U.S. EEZ at 34°00′ N. lat. near BAYS means Atlantic bigeye, alba- Wilmington Beach, NC, and proceeding core, yellowfin, and skipjack tunas as due east to connect by straight lines defined in § 600.10 of this part. the following coordinates in the order BFT landings quota means the portion stated: 34°00′ N. lat., 76°00′ W. long.; of the ICCAT BFT catch quota allo- 31°00′ N. lat., 76°00′ W. long.; then pro- cated to the United States against ceeding due west to intersect the inner which landings of BFT are counted. boundary of the U.S. EEZ at 31°00′ N. Bottom longline means a longline that lat. near Jekyll Island, GA. is deployed with enough weights and/or Circle hook means a fishing hook anchors to maintain contact with the originally designed and manufactured ocean bottom. For the purposes of this so that the point is turned perpendicu- part, a vessel is considered to have bot- larly back to the shank to form a gen- tom longline gear on board when a erally circular, or oval, shape. power-operated longline hauler, a Cleithrum to Caudal Keel or CK meas- mainline, weights and/or anchors capa- urement means the length of a fish ble of maintaining contact between the measured along the body contour, i.e., mainline and the ocean bottom, and a curved measurement, from the point leaders (gangions) with hooks are on on the cleithrum that provides the board. Removal of any of these ele- shortest possible measurement along ments constitutes removal of bottom the body contour to the anterior por- longline gear. Bottom longline vessels tion of the caudal keel. The cleithrum may have a limited number of floats is the semicircular bony structure at and/or high flyers onboard for the pur- the posterior edge of the gill opening. poses of marking the location of the Convention means the International gear but removal of these floats does Convention for the Conservation of At- not constitute removal of bottom lantic Tunas, signed at Rio de Janeiro, longline gear. Brazil, on May 14, 1966, 20 U.S.T. 2887, BSD tag means a numbered tag af- TIAS 6767, including any amendments fixed to a BFT issued by any country or protocols thereto, which are binding in conjunction with a catch statistics upon the United States. information program and recorded on a Conventional tag means a numbered, BSD. flexible ribbon that is implanted or af- Buoy gear means a fishing gear con- fixed to a fish that is released back sisting of one or more floatation de- into the ocean that allows for the iden- vices supporting a single mainline to tification of that fish in the event it is which no more than two hooks or recaptured. gangions are attached. Corrodible Hook means a fishing hook Caudal keel means the horizontal composed of any material other than ridges along each side of a fish at the stainless steel. base of the tail fin. Dealer tag means the numbered, flexi- CFL (curved fork length) means the ble, self-locking ribbon issued by length of a fish measured from the tip NMFS for the identification of BFT of the upper jaw to the fork of the tail sold to a permitted dealer as required along the contour of the body in a line under § 635.5(b)(2)(ii). that runs along the top of the pectoral Dehooking device means a device in- fin and the top of the caudal keel. tended to remove a hook embedded in a Charter/headboat commercial sale en- fish in order to release the fish with dorsement means an authorization minimum damage.
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