Atlantic Highly Migratory Species, 33148-33158 [2018-14916]
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
item acquisitions consistent with
authorities in the Clinger-Cohen Act. By
cross referencing FAR 12.207 and its
enumeration of contract types
authorized for the acquisition of
commercial items, the CAS Board
expects to eliminate disparities between
the FAR and CAS Board rules that has
created confusion for contractors and
subcontractors. The economic impact on
contractors and subcontractors is,
therefore, expected to be minor. As a
result, the Board has determined that
this rule will not result in the
promulgation of an ‘‘economically
significant rule’’ under the provisions of
Executive Order 12866, and that a
regulatory impact analysis will not be
required, and the requirements of E.O.
13771, Reducing Regulation and
Controlling Regulatory Costs, do not
apply. For the same reason, this final
rule is not a ‘‘major rule’’ under the
Congressional Review Act, 5 U.S.C.
Chapter 8. Finally, this rule does not
have a significant effect on a substantial
number of small entities because small
businesses are exempt from the
application of the Cost Accounting
Standards. Therefore, this rule does not
require a regulatory flexibility analysis
under the Regulatory Flexibility Act of
1980, 5 U.S.C. Chapter 6.
List of Subjects in 48 CFR Part 9903
Cost Accounting Standards,
Government procurement.
Lesley A. Field,
Acting Chair, Cost Accounting Standards
Board.
For the reasons set forth in this
preamble, 48 CFR part 9903 is amended
as follows:
PART 9903—CONTRACT COVERAGE
1. The authority citation for part 9903
continues to read as follows:
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Authority: Pub. L. 111–350, 124 Stat.
3677, 41 U.S.C. 1502.
9903.201–1
CAS applicability.
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(b) * * *
(6) Contracts and subcontracts
authorized in 48 CFR 12.207 for the
acquisition of commercial items.
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[FR Doc. 2018–15176 Filed 7–16–18; 8:45 am]
BILLING CODE 3110–01–P
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National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180205129–8129–01]
RIN 0648–BH50
Atlantic Highly Migratory Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; technical
amendments.
AGENCY:
This final rule makes editorial
corrections amending the regulations for
Atlantic highly migratory species
(HMS). This final action will make the
rules easier to use by making the crossreferences in the regulations accurate,
correcting grammatical and punctuation
issues, and reformatting the regulations
where needed to be consistent with
Federal Register guidelines. The action
also in several instances simplifies
regulatory text by removing unnecessary
language. The rule is administrative in
nature and does not make any change
with substantive effect to the regulations
for HMS fisheries.
DATES: This final rule is effective on July
17, 2018.
ADDRESSES: Documents related to HMS
fisheries management, such as the 2006
Consolidated HMS Fishery Management
Plan (FMP) and its amendments, are
available from the HMS Management
Division website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species or upon
request from the HMS Management
Division at 1315 East-West Highway,
Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT:
Lauren Latchford, Larry Redd, or Karyl
Brewster-Geisz by phone at 301–427–
8503.
SUMMARY:
Atlantic
HMS are managed under the dual
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq., (MagnusonStevens Act) and the Atlantic Tunas
Convention Act, 16 U.S.C. 971 et seq.,
(ATCA). On October 2, 2006, NMFS
published in the Federal Register (71
FR 58058) regulations implementing the
2006 Consolidated HMS FMP, which
details the management measures for
Atlantic HMS fisheries; these
management measures have been
amended or otherwise modified
numerous times. The implementing
SUPPLEMENTARY INFORMATION:
2. Section 9903.201–1 is amended by
revising paragraph (b)(6) to read as
follows:
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DEPARTMENT OF COMMERCE
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regulations for Atlantic HMS are at 50
CFR part 635.
Background
The regulations at 50 CFR part 635 are
promulgated under ATCA and the
Magnuson-Stevens Act for the
conservation and management of
Atlantic highly migratory species,
including species of tunas, billfish,
sharks, and swordfish. In 2006, NMFS
consolidated Atlantic HMS management
into one fishery management plan, the
2006 Consolidated HMS FMP. Since
then, NMFS has amended the FMP ten
times through the fishery management
plan amendment process and has made
numerous other regulatory changes
through framework actions. With this
volume of regulatory action, some small
grammatical and other errors have
accumulated over time. As described in
the sections below, this technical
amendment corrects grammatical,
punctuation, consistency, crossreference errors in the HMS regulations
at 50 CFR part 635. As explained in the
Consistency section below, it also
simplifies regulatory text by removing
unnecessary language in several limited
instances.
Typographical Corrections
The following grammatical,
punctuation, or clerical errors (i.e.,
typographical errors) in the HMS
regulations are corrected by this final
rule:
The definition of ‘‘CK’’ at § 635.2 does
not spell out the words for which it is
an acronym. This final action therefore
adds ‘‘Cleithrum to Caudal Keel’’ before
the acronym ‘‘CK.’’ The definition of
‘‘Hammerhead Sharks’’ at § 635.2
capitalizes the word ‘‘shark(s).’’ This
final action changes to lowercase the
word ‘‘shark(s).’’ The regulation at
§ 635.4(l)(2)(viii) does not capitalize the
word ‘‘tunas’’ in the permit title,
‘‘Atlantic Tunas Longline category
LAP.’’ This final action capitalizes the
word ‘‘Tunas.’’ The regulation at
§ 635.5(b)(1)(i) has commas incorrectly
after the words ‘‘all’’ and ‘‘swordfish’’ in
the sentence, ‘‘All reports must be
species-specific and must include the
required information about all,
swordfish, and sharks received by the
dealer.’’ This final action removes the
misplaced commas. The regulation at
§ 635.5(c)(2) is missing apostrophes and
has extra parentheses in three places
where the text should read, ‘‘owner’s
designee.’’ This final action adds
apostrophes and removes the mistaken
parentheses to correct this text. The
regulations at § 635.6(b)(1)(ii) and (c)(1)
do not capitalize the word ‘‘Arabic.’’
This final action corrects this error and
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capitalizes ‘‘Arabic.’’ The regulation at
§ 635.9(e)(4) has two commas rather
than one after the words ‘‘trip’’ and
‘‘e.g.’’ This final action removes the
extra commas. The regulation at
§ 635.14(b)(1) uses two different styles
of quotation marks around the words
‘‘bluefin tuna ratio.’’ This final action
changes the quotation marks so that
they are the same and removes the colon
within this regulation. The regulation at
§ 635.14(b)(1) incorrectly capitalizes the
word ‘‘Swordfish.’’ This final action
changes ‘‘Swordfish’’ to ‘‘swordfish.’’
The regulation at § 635.15(c)(3)(iv) is
missing the word ‘‘year’’ and has an
extra period at the end of the first
sentence. This final action adds the
word ‘‘year’’ and removes the extra
period. Additionally, this regulation
incorrectly capitalizes the words
‘‘Eastern Time.’’ This final action
changes ‘‘Eastern Time’’ to ‘‘eastern
time.’’ The regulation at § 635.21(g)(1)
uses ‘‘NOAA Fisheries,’’ and the final
action changes it to ‘‘NMFS’’ for
consistency across the regulations. The
regulation at § 635.27(d)(1) incorrectly
uses the word ‘‘this’’ in the second
sentence. This final action changes
‘‘this’’ to ‘‘the.’’ Additionally, this final
action removes outdated language
regarding an effective date of January 1,
2007 from § 635.27(d)(1). Additionally,
for § 635.28(d), this final action
capitalizes the lower case ‘‘n’’ for the
species Northern albacore tuna.
The regulations at §§ 635.2,
635.4(e)(3) and (g)(2), 635.21(d)(2)(ii),
635.27(b)(1), 635.28(b)(1)(iv), and
635.34(c) do not consistently capitalize
the word ‘‘Table’’ and lowercase the
word ‘‘appendix’’ in the phrase, ‘‘Table
1 of appendix A to this part.’’ This final
action corrects the references to ‘‘Table
1 of appendix A to this part’’ in
§§ 635.2, 635.4(e)(3) and (g)(2),
635.21(d)(2)(ii), 635.27(b)(1),
635.28(b)(1)(iv), and 635.34(c) so that
capitalization and phrasing are
consistent throughout.
Limited Access Permit Corrections
The HMS regulations at § 635.2
currently provide a definition for
‘‘LAP,’’ defining it as an acronym for the
‘‘limited access permit.’’ The HMS
regulations do not consistently use the
acronym, however, and still refer to
‘‘limited access permits’’ or ‘‘limited
access vessel permits’’ sometimes in the
regulations. Consistency across the
regulations would make them clearer.
The regulations at §§ 635.4(a)(3), (d)(4),
(e)(2) through (4), (f)(1), (2), (4), and (5),
(h)(2), (l)(2)(ii)(A) through (C), (l)(2)(iii)
through (ix), and (m)(2), 635.8(a)(1) and
(3), (c)(2) and (3), 635.15(k) introductory
text and (k)(4)(iii), 635.19(e)(4),
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635.21(b)(1), (c)(3) and (4), (c)(5)(iii)(A)
and (B), (g)(2) and (3), 635.27(c)(1)(i)(A)
and (B), 635.28(a)(3), and 635.71(a)(53)
and (e)(10) and (11) do not use the
acronym ‘‘LAP’’ for ‘‘limited access
permit.’’ This final action changes
‘‘limited access permit’’ to ‘‘LAP’’ so
that the acronym defined at § 635.2 is
used consistently across the HMS
regulations. The regulations at
§§ 635.15(k) and (l)(4)(iii) and
635.21(c)(5)(iii)(B) incorrectly use the
word ‘‘permit’’ or ‘‘permitted’’ instead
of the acronym ‘‘LAP’’ when referring to
the Atlantic Tunas Longline category
limited access permit. For consistency
within the regulations referring to the
Atlantic Tunas Longline category
limited access permit, this final action
changes the word ‘‘permit’’ or
‘‘permitted’’ to ‘‘LAP.’’ The regulations
at §§ 635.4(l)(2)(iii) and 635.21(b)(1)
incorrectly name a permit as ‘‘tuna
longline LAPs.’’ This final action
corrects the permit name to ‘‘Atlantic
Tunas Longline category LAP.’’ The
regulations at §§ 635.21(c)(5)(iii)(A) and
635.71(a)(40) and (b)(36) through (38),
incorrectly list a permit name as ‘‘tunas
Longline category permit.’’ This final
action corrects the permit name to
‘‘Atlantic Tunas Longline category
LAP.’’ The regulations at § 635.15(k)
improperly exclude the word ‘‘category’’
from the permit name, ‘‘Atlantic Tunas
Longline category LAP.’’ This final
action corrects the error by adding the
word ‘‘category.’’ The regulations at
§ 635.23(a)(2) incorrectly list the permit
as ‘‘General category Atlantic Tunas
permit.’’ This final action corrects the
permit name to ‘‘Atlantic Tunas General
category permit.’’ Additionally this final
action removes language referring
specifically to ‘‘one large medium or
giant BFT per day’’ allowed to be caught
or landed on days other than RFDs.
Because NMFS may increase or decrease
the daily retention limit of large
medium and giant BFT over a range of
zero to a maximum of five under cross
reference § 635.23(a)(4), it is more clear
to refer to the ‘‘daily retention limit in
effect for that day.’’ The regulation at
§ 635.71(b)(20) incorrectly lists the
relevant permit as ‘‘Purse Seine category
Atlantic tuna permit.’’ This final action
corrects the permit name to ‘‘Atlantic
Tunas Purse Seine category LAP.’’
Cross References Corrections
This final action corrects the incorrect
cross references found in the definitions
and regulations at §§ 635.2 (definitions
of ‘‘Display Permit’’ and ‘‘EFP’’),
635.4(a)(8) and (h)(1)(iii), 635.5(a)(5)(ii),
635.21(c)(5)(ii)(C)(1) and (c)(5)(iv),
635.28(b)(7), (c)(3), and (d), 635.31(d)(2),
and 635.40(b)(1). Section
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33149
635.21(c)(5)(iv) references paragraphs
(A), (B), (C), (G), (H), and (K) as
specifying ‘‘[o]ther devices proposed for
use as line clippers or cutters or dehookers.’’ This final action adds
references to paragraphs (I) and (J) to
that list. Additionally, §§ 635.22(c)(1)
and (5) and (d) and 635.23(a)(2) and (4),
have cross references that are broadly
referenced and need to be more specific
to the correct provision under part 635.
This action corrects those cross
references by adding the specific cross
reference location (e.g., within
§ 635.22(c)(1), changing the reference
from § 635.4 to § 635.4(e)).
Consistency Corrections
Regulations at §§ 635.2 (definition of
‘‘Exporter’’) and 635.4(a)(6) use a
Federal Register citation format that is
inconsistent with the citation format
otherwise used in part 635. This final
action revises the citation format for
consistency purposes.
At § 635.4(c)(2), this final action
changes the word ‘‘issued’’ to ‘‘with’’ to
be more internally consistent.
At § 635.4(l)(2)(viii), this final action
removes the word ‘‘an’’ to be more
internally consistent.
The current regulations do not
consistently refer to swordfish and
shark LAPs, sometimes referring to them
as ‘‘catch LAPs’’ and other times
spelling out ‘‘limited access permit.’’
This inconsistency in terminology can
lead to confusion. As such, this final
action changes these swordfish and
shark LAP references to be more
internally consistent to clarify the
regulations. Specifically, the regulations
at § 635.4(l)(2)(viii) and (ix) use the
phrase, ‘‘a directed or incidental LAP
for swordfish, a directed or an
incidental catch LAP for shark.’’ This
final action will correct the phrase to, ‘‘a
directed or incidental swordfish LAP, a
directed or incidental shark LAP.’’ The
regulations at § 635.4(l)(2)(viii) uses the
phrase ‘‘a LAP for swordfish.’’ This final
action corrects the phrase to ‘‘a
swordfish LAP.’’ The regulations at
§ 635.4(l)(2)(viii) and (ix) uses the
phrase ‘‘a directed or incidental catch
shark LAP,’’ respectively. This final
action corrects the phrase to ‘‘a directed
or incidental shark LAP,’’ respectively.
The regulations at § 635.4(l)(2)(ix) use
the phrase ‘‘directed or incidental catch
swordfish or shark LAP.’’ This final
action will correct the phrase to
‘‘directed or incidental swordfish or
shark LAP.’’ The regulation at
§ 635.22(f) uses the phrase ‘‘incidental
or handgear limited access swordfish
permit.’’ This final action will correct
the phrase to ‘‘incidental or handgear
swordfish LAP.’’
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The definition of ‘‘Fishing Year’’ at
§ 635.2 includes incorrect language left
over from past definitions. The fishing
year for all tunas, sharks, billfish, and
swordfish is January 1 through
December 31, as reflected in the 2006
Consolidated HMS FMP. This final
action removes this outdated text and
simplifies the definition for tunas,
sharks, billfish and swordfish to match
the dates established in previous
actions, reading ‘‘January 1 through
December 31.’’
The first sentence at § 635.20(b) starts
with the phrase, ‘‘The size class of a
BFT found with the head removed shall
be determined using . . .’’ This phrase,
referring to a BFT that is ‘‘found,’’ is
confusing and inconsistent with a
similar regulation at § 635.20(f) (‘‘For a
swordfish that has its head naturally
attached . . .’’). This final action rewords the phrase found in § 635.20(b) to
be less confusing and more consistent
with the wording at § 635.20(f). With
this change, § 635.20(b) will read, ‘‘If the
head of a BFT is no longer attached, the
size class of the BFT shall be
determined using . . .’’
The regulation at § 635.40(b)(3)
references 19 CFR 10.79, the
‘‘Declaration of Master and Two
Members of Crew on Entry of Products
of American Fisheries.’’ Section 10.79
no longer exists within title 19, and has
instead been reserved. This final action
removes language referencing this
obsolete regulation and reserves this
location. This change would not have
any effect on the part 635 regulations
since 19 CFR 10.79 has been amended
and reserved.
Finally, the regulation at
§ 635.21(d)(1)(iii)(D) refers to out-of-date
coordinates for the Charleston Deep
Artificial Reef. This final action updates
the old boundary coordinates for the
Charleston Deep Artificial Reef to match
the boundary changes that were recently
made to the Charleston Deep Artificial
Reef MPA via Snapper Grouper
Amendment 36 (82 FR 29772, June 30,
2017).
Classification
The Assistant Administrator for
Fisheries has determined that this final
rule is necessary for the conservation
and management of U.S. fisheries and
that it is consistent with the MagnusonStevens Act, the 2006 Consolidated
Atlantic HMS FMP and its amendments,
ATCA, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment are
unnecessary and contrary to the public
interest. This final rule makes only
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corrective, non-substantive changes to
regulatory text, adds missing crossreferences and/or corrects crossreferences to HMS regulations, and in
several instances, removes unnecessary
language, and is solely administrative in
nature. Therefore, public comment
would serve no purpose and is
unnecessary. Furthermore, it is in the
public interest to revise the regulations
as quickly as possible to reduce any
potential confusion to the public of the
regulatory requirements at 50 CFR part
635. Any delay in implementation
would result in the continuation of this
potential confusion. Thus, there is also
good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in effective date.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, and a proposed rule is not being
published, the analytical requirements
of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are inapplicable.
NMFS has determined that fishing
activities conducted pursuant to this
rule will not affect endangered and/or
threatened species or critical habitat
listed under the Endangered Species
Act, or marine mammals protected by
the Marine Mammal Protection Act,
because the action is purely
administrative in nature by making
editorial corrections or clarifications to
existing regulatory text, with no
substantive changes or effects.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Treaties.
Dated: July 9, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 635 is amended
as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
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Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
2. In § 635.2, revise the definition of
‘‘Atlantic Aggregated LCS,’’ remove the
definition of ‘‘CK,’’ add the definition of
‘‘Cleithrum to Caudal Keel or CK,’’ and
revise the definitions of ‘‘Display
permit,’’ ‘‘EFP,’’ ‘‘Exporter,’’ ‘‘Fishing
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year,’’ ‘‘Gulf of Mexico Aggregated
LCS,’’ ‘‘Hammerhead Shark(s),’’ ‘‘Highly
migratory species (HMS),’’ ‘‘Large
coastal shark (LCS),’’ ‘‘Non-blacknose
SCS,’’ ‘‘Pelagic shark,’’ ‘‘Prohibited
shark,’’ ‘‘Research LCS,’’ ‘‘Small coastal
shark (SCS),’’ and ‘‘Smoothhound
shark(s)’’ to read as follows:
§ 635.2
Definitions.
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Atlantic Aggregated LCS means one of
the following species, or parts thereof,
as listed in Table 1 of appendix A to this
part: Atlantic blacktip, bull, lemon,
nurse, silky, spinner, and tiger.
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Cleithrum to Caudal Keel or CK
measurement means the length of a fish
measured along the body contour, i.e., a
curved measurement, from the point on
the cleithrum that provides the shortest
possible measurement along the body
contour to the anterior portion of the
caudal keel. The cleithrum is the
semicircular bony structure at the
posterior edge of the gill opening.
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Display permit means a permit issued
in order to catch and land HMS for the
purpose of public display pursuant to
§ 635.32(d).
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EFP means an exempted fishing
permit issued pursuant to § 600.745 of
this chapter or to § 635.32(c).
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Exporter, for purposes of this subpart,
is the principal party in interest,
meaning the party that receives the
primary benefit, monetary or otherwise,
of the export transaction. For exports
from the United States, the exporter is
the U.S. principal party in interest, as
identified in 15 CFR part 30. An
exporter is subject to the requirements
of this subpart, even if exports are
exempt from statistical reporting
requirements under 15 CFR part 30.
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Fishing year means January 1 through
December 31.
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Gulf of Mexico Aggregated LCS means
one of the following species, or parts
thereof, as listed in Table 1 of appendix
A to this part: Bull, lemon, nurse, silky,
spinner, and tiger.
Hammerhead shark(s) means great,
scalloped, and smooth hammerhead
shark species, or parts thereof, as listed
in Table 1 of appendix A to this part.
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Highly migratory species (HMS)
means bluefin, bigeye, yellowfin,
albacore, and skipjack tunas; swordfish;
sharks (listed in Table 1 of appendix A
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to this part); white marlin; blue marlin;
sailfish; longbill spearfish; and
roundscale spearfish.
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Large coastal shark (LCS) means one
of the species, or a part thereof, listed
in heading A, Large Coastal Sharks, of
Table 1 of appendix A to this part.
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Non-blacknose SCS means one of the
species, or part thereof, listed in
heading B, Small Coastal Sharks, of
Table 1 of appendix A to this part other
than the blacknose shark.
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Pelagic shark means one of the
species, or a part thereof, listed in
heading C, Pelagic Sharks, of Table 1 of
appendix A to this part.
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Prohibited shark means one of the
species, or a part thereof, listed in
heading D, Prohibited Sharks, of Table
1 of appendix A to this part.
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Research LCS means one of the
species, or part thereof, listed in
heading A, Large Coastal Sharks, of
Table 1 of appendix A to this part, other
than sandbar sharks.
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Small coastal shark (SCS) means one
of the species, or a part thereof, listed
in heading B, Small Coastal Sharks, of
Table 1 of appendix A to this part.
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Smoothhound shark(s) means one of
the species, or part thereof, listed in
heading E, Smoothhound Sharks, of
Table 1 of appendix A to this part.
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■ 3. In § 635.4, revise paragraphs (a)(3),
(6), and (8), (c)(2), (d)(4), (e)(2) through
(4), (f)(1), (2), (4), and (5), (g)(2),
(h)(1)(iii), (h)(2), (l)(2)(ii)(A) through (C),
(l)(2)(iii) through (ix), and (m)(2) to read
as follows:
§ 635.4
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Permits and fees.
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(3) Property rights. LAPs or any other
permit issued pursuant to this part do
not represent either an absolute right to
the resource or any interest that is
subject to the takings provision of the
Fifth Amendment of the U.S.
Constitution. Rather, LAPs represent
only a harvesting privilege that may be
revoked, suspended, or amended subject
to the requirements of the MagnusonStevens Act or other applicable law.
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(6) Sanctions and denials. A permit
issued under this section may be
revoked, suspended, or modified, and a
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permit application may be denied, in
accordance with the procedures
governing enforcement-related permit
sanctions and denials found at 15 CFR
part 904, subpart D.
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(8) Replacement. NMFS may issue a
replacement permit upon the request of
the permittee. An application for a
replacement permit will not be
considered a new application. An
appropriate fee, consistent with
paragraph (a)(9) of this section, may be
charged for issuance of the replacement
permit.
*
*
*
*
*
(c) * * *
(2) A vessel with a valid Atlantic
Tunas General category permit issued
under paragraph (d) of this section or
with a valid Swordfish General
Commercial permit issued under
paragraph (f) of this section may fish in
a recreational HMS fishing tournament
if the vessel has registered for, paid an
entry fee to, and is fishing under the
rules of a tournament that has registered
with NMFS’ HMS Management Division
as required under § 635.5(d). When a
vessel with a valid Atlantic Tunas
General category permit or a valid
Swordfish General Commercial permit
is fishing in such a tournament, such
vessel must comply with HMS Angling
category regulations, except as provided
in paragraphs (c)(3) through (5) of this
section.
*
*
*
*
*
(d) * * *
(4) A person can obtain an Atlantic
Tunas Longline category LAP for a
vessel only if the vessel has been issued
both a LAP for shark and a LAP, other
than handgear, for swordfish. Atlantic
Tunas Longline category LAPs may only
be obtained through transfer from
current owners consistent with the
provisions under paragraph (l)(2) of this
section.
*
*
*
*
*
(e) * * *
(2) The owner of vessels that fish for,
take, retain, or possess the Atlantic
oceanic sharks listed in headings A, B,
or C of Table 1 of appendix A to this
part with an intention to sell must
obtain a Federal Atlantic commercial
shark directed or incidental LAP or an
HMS Commercial Caribbean Small Boat
permit. The only valid Federal
commercial shark directed and shark
incidental LAPs are those that have
been issued under the limited access
program consistent with the provisions
under paragraphs (l) and (m) of this
section.
(3) A vessel owner issued or required
to be issued a Federal Atlantic
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33151
commercial shark directed or shark
incidental LAP may harvest, consistent
with the other regulations in this part,
any shark species listed in headings A,
B, or C of Table 1 of appendix A to this
part.
(4) Owners of vessels that fish for,
take, retain, or possess the Atlantic
oceanic sharks listed in heading E,
Smoothhound Sharks, of Table 1 of
appendix A to this part with an
intention to sell them must obtain a
Federal commercial smoothhound
permit. In addition to other permits
issued pursuant to this section or other
authorities, a Federal commercial
smoothhound permit may be issued to
a vessel alone or to a vessel that also
holds either a Federal Atlantic
commercial shark directed or incidental
LAP.
(f) * * *
(1) Except as specified in paragraphs
(n) and (o) of this section, the owner of
a vessel of the United States used to fish
for or take swordfish commercially from
the management unit, or on which
swordfish from the management unit are
retained or possessed with an intention
to sell, or from which swordfish are
sold, must obtain an HMS Charter/
Headboat permit with a commercial sale
endorsement issued under paragraph (b)
of this section, or one of the following
swordfish permits: A swordfish directed
LAP, swordfish incidental LAP,
swordfish handgear LAP, or a Swordfish
General Commercial permit. These
permits cannot be held in combination
with each other on the same vessel,
except that an HMS Charter/Headboat
permit with a commercial sale
endorsement may be held in
combination with a swordfish handgear
LAP on the same vessel. It is a
rebuttable presumption that the owner
or operator of a vessel on which
swordfish are possessed in excess of the
recreational retention limits intends to
sell the swordfish. (2) The only valid
commercial Federal vessel permits for
swordfish are the HMS Charter/
Headboat permit with a commercial sale
endorsement issued under paragraph (b)
of this section (and only when on a non
for-hire trip), the Swordfish General
Commercial permit issued under
paragraph (f) of this section, a swordfish
LAP issued consistent with paragraphs
(l) and (m) of this section, or permits
issued under paragraphs (n) and (o) of
this section.
*
*
*
*
*
(4) A directed or incidental swordfish
LAP is valid only when the vessel has
on board a valid shark LAP and a valid
Atlantic Tunas Longline category LAP
issued for such vessel.
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(5) A Swordfish General Commercial
permit may not be held on a vessel in
conjunction with an HMS Charter/
Headboat permit issued under
paragraph (b) of this section, an HMS
Angling category permit issued under
paragraph (c) of this section, a swordfish
LAP issued consistent with paragraphs
(l) and (m) of this section, an Incidental
HMS Squid Trawl permit issued under
paragraph (n) of this section, or an HMS
Commercial Caribbean Small Boat
permit issued under paragraph (o) of
this section. A vessel issued a Swordfish
General Commercial open access permit
for a fishing year shall not be issued an
HMS Angling permit or an HMS
Charter/Headboat permit for that same
fishing year, regardless of a change in
the vessel’s ownership.
(g) * * *
(2) Shark. A dealer, as defined in
§ 600.10 of this chapter, must possess a
valid federal Atlantic shark dealer
permit to purchase, trade, or barter any
Atlantic shark listed in Table 1 of
appendix A to this part except as noted
under paragraph (o) of this section.
*
*
*
*
*
(h) * * *
(1) * * *
(iii) NMFS may require an applicant
to provide documentation supporting
the application before a permit is issued
or to substantiate why such permit
should not be revoked or otherwise
sanctioned under paragraph (a)(6) of
this section.
*
*
*
*
*
(2) LAPs for swordfish and shark. See
paragraph (l) of this section for transfers
of LAPs for shark and swordfish. See
paragraph (m) of this section for
renewals of LAPs for shark and
swordfish.
*
*
*
*
*
(l) * * *
(2) * * *
(ii) * * *
(A) The vessel baseline specifications
are the respective specifications (length
overall, gross registered tonnage, net
tonnage, horsepower) of the first vessel
that was issued an initial LAP or, if
applicable, of that vessel’s replacement
owned as of May 28, 1999.
(B) Subsequent to the issuance of a
swordfish handgear LAP, the vessel’s
horsepower may be increased, relative
to the baseline specifications of the
vessel initially issued the LAP, through
refitting, replacement, or transfer. Such
an increase may not exceed 20 percent
of the baseline specifications of the
vessel initially issued the LAP.
(C) Subsequent to the issuance of a
swordfish handgear LAP, the vessel’s
length overall, gross registered tonnage,
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and net tonnage may be increased,
relative to the baseline specifications of
the vessel initially issued the LAP,
through refitting, replacement, or
transfer. An increase in any of these
three specifications of vessel size may
not exceed 10 percent of the baseline
specifications of the vessel initially
issued the LAP. This type of upgrade
may be done separately from an engine
horsepower upgrade.
(iii) No person or entity may own or
control more than 5 percent of the
vessels for which swordfish directed,
shark directed, or Atlantic Tunas
Longline category LAPs have been
issued.
(iv) In order to transfer a swordfish,
shark, or an Atlantic Tunas Longline
category LAP to a replacement vessel,
the owner of the vessel issued the LAP
must submit a request to NMFS, at an
address designated by NMFS, to transfer
the LAP to another vessel, subject to
requirements specified in paragraph
(l)(2)(ii) of this section, if applicable.
The owner must return the current valid
LAP to NMFS with a complete
application for a LAP, as specified in
paragraph (h) of this section, for the
replacement vessel. Copies of both
vessels’ U.S. Coast Guard
documentation or state registration must
accompany the application.
(v) For swordfish, shark, and Atlantic
Tunas Longline category LAP transfers
to a different person, the transferee must
submit a request to NMFS, at an address
designated by NMFS, to transfer the
original LAP(s), subject to the
requirements specified in paragraphs
(l)(2)(ii) and (iii) of this section, if
applicable. The following must
accompany the completed application:
The original LAP(s) with signatures of
both parties to the transaction on the
back of the permit(s) and the bill of sale
for the permit(s). A person must include
copies of both vessels’ U.S. Coast Guard
documentation or state registration for
LAP transfers involving vessels.
(vi) For LAP transfers in conjunction
with the sale of the permitted vessel, the
transferee of the vessel and LAP(s)
issued to that vessel must submit a
request to NMFS, at an address
designated by NMFS, to transfer the
limited access permit(s) LAP(s), subject
to the requirements specified in
paragraphs (l)(2)(ii) and (iii) of this
section, if applicable. The following
must accompany the completed
application: The original LAP(s) with
signatures of both parties to the
transaction on the back of the permit(s),
the bill of sale for the LAP(s) and the
vessel, and a copy of the vessel’s U.S.
Coast Guard documentation or state
registration.
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(vii) The owner of a vessel issued a
LAP(s) who sells the permitted vessel
but retains the LAP(s) must notify
NMFS within 30 days after the sale of
the change in application information in
accordance with paragraph (i) of this
section. If the owner wishes to transfer
the LAP(s) to a replacement vessel, he/
she must apply according to the
procedures in paragraph (l)(2)(iv) of this
section.
(viii) As specified in paragraph (f)(4)
of this section, a directed or incidental
swordfish LAP, a directed or incidental
shark LAP, and an Atlantic Tunas
Longline category LAP are required to
retain swordfish for commercial
purposes. Accordingly, a swordfish LAP
obtained by transfer without either a
directed or incidental shark LAP or an
Atlantic Tunas Longline category LAP
will not entitle an owner or operator to
use a vessel to fish in the swordfish
fishery.
(ix) As specified in paragraph (d)(4) of
this section, a directed or incidental
swordfish LAP, a directed or incidental
shark LAP, and an Atlantic Tunas
Longline category LAP are required to
retain Atlantic tunas taken by pelagic
longline gear. Accordingly, an Atlantic
Tunas Longline category LAP obtained
by transfer without either a directed or
incidental swordfish or shark LAP will
not entitle an owner or operator to use
the permitted vessel to fish in the
Atlantic tunas fishery with pelagic
longline gear.
(m) * * *
(2) Shark and swordfish permits. A
vessel owner must obtain the applicable
LAP(s) issued pursuant to the
requirements in paragraphs (e) and (f) of
this section and/or a Federal
commercial smoothhound permit issued
under paragraph (e) of this section; or an
HMS Commercial Caribbean Small Boat
permit issued under paragraph (o) of
this section, if: The vessel is used to fish
for or take sharks commercially from the
management unit; sharks from the
management unit are retained or
possessed on the vessel with an
intention to sell; or sharks from the
management unit are sold from the
vessel. A vessel owner must obtain the
applicable LAP(s) issued pursuant to the
requirements in paragraphs (e) and (f) of
this section, a Swordfish General
Commercial permit issued under
paragraph (f) of this section, an
Incidental HMS Squid Trawl permit
issued under paragraph (n) of this
section, an HMS Commercial Caribbean
Small Boat permit issued under
paragraph (o) of this section, or an HMS
Charter/Headboat permit with a
commercial sale endorsement issued
under paragraph (b) of this section,
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which authorizes a Charter/Headboat to
fish commercially for swordfish on a
non for-hire trip subject to the retention
limits at § 635.24(b)(4) if: The vessel is
used to fish for or take swordfish
commercially from the management
unit; swordfish from the management
unit are retained or possessed on the
vessel with an intention to sell; or
swordfish from the management unit are
sold from the vessel. The commercial
retention and sale of swordfish from
vessels issued an HMS Charter/
Headboat permit with a commercial sale
endorsement is permissible only when
the vessel is on a non for-hire trip. Only
persons holding non-expired shark and
swordfish LAP(s) in the preceding year
are eligible to renew those LAP(s).
Transferors may not renew LAP(s) that
have been transferred according to the
procedures in paragraph (l) of this
section.
*
*
*
*
*
■ 4. In § 635.5, revise paragraphs
(a)(5)(ii), (b)(1)(i), and (c)(2) to read as
follows:
§ 635.5
Recordkeeping and reporting.
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*
*
*
*
*
(a) * * *
(5) * * *
(ii) Before fishing under a chartering
arrangement, the owner of a fishing
vessel subject to U.S. jurisdiction must
apply for, and obtain, a chartering
permit as specified in § 635.32(e) and
(g). If a chartering permit is obtained,
the vessel owner must submit catch
information as specified in the terms
and conditions of that permit. All
catches will be recorded and counted
against the applicable quota of the
Contracting Party to which the
chartering foreign entity is a member
and, unless otherwise provided in the
chartering permit, must be offloaded in
the ports of the chartering foreign entity
or offloaded under the direct
supervision of the chartering foreign
entity.
*
*
*
*
*
(b) * * *
(1) * * *
(i) Dealers that have been issued or
should have been issued a Federal
Atlantic BAYS tunas, swordfish, and/or
shark dealer permit under § 635.4 must
submit to NMFS all reports required
under this section within the timeframe
specified under paragraph (b)(1)(ii) of
this section. BAYS tunas, swordfish,
and sharks commercially-harvested by a
vessel can only be first received by
dealers that have been issued or should
have been issued an Atlantic tunas,
swordfish, and/or shark dealer permit
under § 635.4. All federal Atlantic HMS
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dealers must provide a detailed report of
all fish first received to NMFS within
the period specified under paragraph
(b)(1)(ii) of this section. All reports must
be species-specific and must include the
required information about all
swordfish and sharks received by the
dealer, including the required vessel
information, regardless of where the fish
were harvested or whether the
harvesting vessel is permitted under
§ 635.4. For sharks, each report must
specify the total weight of the
carcass(es) without the fins for each
species, and the total fin weight by
grade for all sharks combined. Dealers
are also required to submit ‘‘negative’’
reports, indicating no receipt of any
species, within the timeframe specified
under paragraph (b)(1)(ii) of this section
if they did not first receive any fish
during the reporting period. As stated in
§ 635.4(a)(6), failure to comply with
these recordkeeping and reporting
requirements may result in existing
dealer permit(s) being revoked,
suspended, or modified, and in the
denial of any permit applications.
*
*
*
*
*
(c) * * *
(2) Non-tournament landings. The
owner, or the owner’s designee, of a
vessel permitted, or required to be
permitted, in the Atlantic HMS Angling
or Atlantic HMS Charter/Headboat
category must report all non-tournament
landings of Atlantic blue marlin,
Atlantic white marlin, roundscale
spearfish, and Atlantic sailfish, and all
non-tournament and non-commercial
landings of North Atlantic swordfish to
NMFS by telephone to a number
designated by NMFS, or electronically
via the internet to an internet website
designated by NMFS, or by other means
as specified by NMFS, within 24 hours
of that landing. For telephone landing
reports, the owner, or the owner’s
designee, must provide a contact phone
number so that a NMFS designee can
call the vessel owner, or the owner’s
designee, for follow up questions and to
confirm the reported landing.
Regardless of how submitted, landing
reports submitted to NMFS are not
complete unless the vessel owner, or the
owner’s designee, has received a
confirmation number from NMFS or a
NMFS designee.
*
*
*
*
*
5. In § 635.6, revise paragraphs
(b)(1)(ii) and (c)(1) to read as follows:
■
§ 635.6
*
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Vessel and gear identification.
*
*
(b) * * *
(1) * * *
Frm 00035
*
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*
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33153
(ii) In block Arabic numerals
permanently affixed to or painted on the
vessel in contrasting color to the
background.
*
*
*
*
*
(c) * * *
(1) The owner or operator of a vessel
for which a permit has been issued
under § 635.4 and that uses handline,
buoy gear, harpoon, longline, or gillnet,
must display the vessel’s name,
registration number, or Atlantic Tunas,
HMS Angling, or HMS Charter/
Headboat permit number on each float
attached to a handline, buoy gear, or
harpoon, and on the terminal floats and
high-flyers (if applicable) on a longline
or gillnet used by the vessel. The
vessel’s name or number must be at
least 1 inch (2.5 cm) in height in block
letters or Arabic numerals in a color that
contrasts with the background color of
the float or high-flyer.
*
*
*
*
*
■ 6. In § 635.8, revise paragraphs (a)(1)
and (3) and (c)(2) and (3) to read as
follows:
§ 635.8
Workshops.
(a) * * *
(1) Both the owner and operator of a
vessel that fishes with longline or gillnet
gear must be certified by NMFS, or its
designee, as having completed a
workshop on the safe handling, release,
and identification of protected species
before a shark or swordfish LAP,
pursuant to § 635.4(e) and (f), is
renewed. For the purposes of this
section, it is a rebuttable presumption
that a vessel fishes with longline or
gillnet gear if: Longline or gillnet gear is
onboard the vessel; logbook reports
indicate that longline or gillnet gear was
used on at least one trip in the
preceding year; or, in the case of a
permit transfer to new owners that
occurred less than a year ago, logbook
reports indicate that longline or gillnet
gear was used on at least one trip since
the permit transfer.
*
*
*
*
*
(3) The owner of a vessel that fishes
with longline or gillnet gear, as
specified in paragraph (a)(1) of this
section, is required to possess on board
the vessel a valid protected species safe
handling, release, and identification
workshop certificate issued to that
vessel owner. A copy of a valid
protected species safe handling, release,
and identification workshop certificate
issued to the vessel owner for a vessel
that fishes with longline or gillnet gear
must be included in the application
package to renew or obtain a shark or
swordfish LAP.
*
*
*
*
*
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(c) * * *
(2) If a vessel fishes with longline or
gillnet gear as described in paragraph
(a)(1) of this section, the vessel owner
may not renew a shark or swordfish
LAP, issued pursuant to § 635.4(e) or (f),
without submitting a valid protected
species workshop certificate with the
permit renewal application. (3) A vessel
that fishes with longline or gillnet gear
as described in paragraph (a)(1) of this
section and that has been, or should be,
issued a valid LAP pursuant to
§ 635.4(e) or (f), may not fish unless a
valid protected species safe handling,
release, and identification workshop
certificate has been issued to both the
owner and operator of that vessel.
*
*
*
*
*
■ 7. In § 635.9, revise paragraph (e)(4) to
read as follows:
§ 635.9
Electronic monitoring.
*
*
*
*
*
(e) * * *
(4) Completion of trip. Within 48
hours of completing a fishing trip, the
vessel owner or operator must mail the
removable EM system hard drive(s)
containing all data to NMFS or NMFSapproved contractor, according to
instructions provided by NMFS. The
vessel owner or operator is responsible
for using shipping materials suitable to
protect the hard drives (e.g., bubble
wrap), tracking the package, and
including a self-addressed mailing label
for the next port of call so replacement
hard drives can be mailed back to the
vessel owner or operator. Prior to
departing on a subsequent trip, the
vessel owner or operator must install a
replacement EM system hard drive(s) to
enable data collection and video
recording. The vessel owner or operator
is responsible for contacting NMFS or
NMFS-approved contractor if they have
requested but not received a
replacement hard drive(s) and for
informing NMFS or NMFS-approved
contractor of any lapse in the hard drive
management procedures described in
the VMP.
*
*
*
*
*
■ 8. In § 635.14, revise paragraph (b)(1)
to read as follows:
§ 635.14
Performance metrics.
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*
*
*
*
*
(b) * * *
(1) Bluefin tuna interactions
performance metric. The basis for the
bluefin tuna interactions performance
metric is the ratio of the number of
bluefin tuna interactions (i.e., the
number of fish landed, discarded dead,
and discarded alive) to the total weight
of designated target species landings (in
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pounds). For the purposes of this
section, the designated target species are
swordfish; yellowfin, bigeye, albacore,
and skipjack tunas; dolphin; wahoo; and
porbeagle, shortfin mako, and thresher
sharks. A relatively low bluefin tuna
interaction to designated species ratio
(‘bluefin tuna ratio’) indicates that the
vessel has successfully avoided catching
bluefin tuna while fishing with pelagic
longline gear in the performance metric
period.
*
*
*
*
*
■ 9. In § 635.15, revise paragraphs
(c)(3)(iv), (k) introductory text, and
(k)(4)(iii) to read as follows:
§ 635.15
Individual bluefin tuna quotas.
*
*
*
*
*
(c) * * *
(3) * * *
(iv) Temporary prohibition of leasing
IBQ allocation. No leasing of IBQ
allocation is permitted between 6 p.m.
eastern time on December 31 of one year
and 2 p.m. eastern time on January 1 of
the next year. This period is necessary
to provide NMFS time to reconcile IBQ
accounts, and update IBQ shares and
allocations for the upcoming fishing
year.
*
*
*
*
*
(k) Initial IBQ shares. During year one
of implementation of the IBQ Program
described in this section, NMFS will
issue IBQ shares to eligible Atlantic
Tunas Longline category LAP holders,
as specified in paragraph (k)(1) of this
section. New entrants to the pelagic
longline fishery would need to obtain an
Atlantic Tunas Longline category LAP,
as well as other required LAPs, as
described under § 635.4(l), and would
need to lease IBQ allocations per
paragraph (c) of this section if the LAPs
acquired did not qualify for an initial
IBQ share.
*
*
*
*
*
(4) * * *
(iii) Items subject to IAD and appeal.
The only items subject to an IAD or
appeal are: Initial IBQ share eligibility
based on ownership of an active vessel
with a valid Atlantic Tunas Longline
category LAP combined with the
required shark and swordfish LAPs; the
accuracy of NMFS records regarding
that vessel’s amount of designated
species landings and/or bluefin
interactions; and correct assignment of
target species landings and bluefin
interactions to the vessel owner/permit
holder. As described under paragraph
(k)(1) of this section, the IBQ share
formulas are based upon historical data
associated with a permitted vessel.
Because vessels may have changed
ownership or permits may have been
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transferred during 2006 through 2012,
the current owner of a permitted vessel
may also appeal on the basis of
historical changes in vessel ownership
or permit transfers. Appeals based on
hardship factors (e.g., illness of vessel
owner, divorce, etc.) will not be
considered.
*
*
*
*
*
■ 10. In § 635.19, revise paragraph (e)(4)
to read as follows:
§ 635.19
Authorized gears.
*
*
*
*
*
(e) * * *
(4) Except for persons aboard a vessel
that has been issued a directed,
incidental, or handgear swordfish LAP,
a Swordfish General Commercial
permit, an Incidental HMS squid trawl
permit, or an HMS Commercial
Caribbean Small Boat permit under
§ 635.4, no person may fish for North
Atlantic swordfish with, or possess a
North Atlantic swordfish taken by, any
gear other than handline or rod and reel.
*
*
*
*
*
■ 11. In § 635.20, revise paragraph (b) to
read as follows:
§ 635.20
Size limits.
*
*
*
*
*
(b) BFT size classes. If the head of a
BFT is no longer attached, the size class
of the BFT shall be determined using
pectoral fin curved fork length (PFCFL)
multiplied by a conversion factor of
1.35. The CFL, as determined by
conversion of the PFCFL, will be the
sole criterion for determining the size
class of a beheaded BFT. The
conversion factor may be adjusted after
consideration of additional scientific
information and fish measurement data,
and will be made effective by filing
notification of the adjustment with the
Office of the Federal Register for
publication.
*
*
*
*
*
■ 12. In § 635.21, revise paragraphs
(b)(1), (c)(3) and (4), (c)(5)(ii)(C)(1),
(c)(5)(iii)(A), (c)(5)(iii)(B) introductory
text, (c)(5)(iv), (d)(1)(iii)(D), (d)(2)(ii),
and (g)(1) through (3) to read as follows:
§ 635.21 Gear operation and deployment
restrictions.
*
*
*
*
*
(b) * * *
(1) All vessels that have pelagic or
bottom longline gear onboard and that
have been issued, or are required to
have, a swordfish, shark, or Atlantic
Tunas Longline category LAP for use in
the Atlantic Ocean including the
Caribbean Sea and the Gulf of Mexico
must possess inside the wheelhouse the
document provided by NMFS entitled
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‘‘Careful Release Protocols for Sea
Turtle Release with Minimal Injury,’’
and must also post inside the
wheelhouse the sea turtle handling and
release guidelines provided by NMFS.
*
*
*
*
*
(c) * * *
(3) A vessel that has been issued, or
is required to have been issued, a LAP
under this part may fish with pelagic
longline gear in the Cape Hatteras gear
restricted area described in paragraph
(c)(2)(v) of this section, provided the
vessel has been determined by NMFS to
be ‘‘qualified,’’ (for the relevant year)
using the performance metrics described
in § 635.14.
(4) In the Gulf of Mexico, pelagic
longline gear may not be fished or
deployed from a vessel issued or
required to have been issued a LAP
under this part with live bait affixed to
the hooks; and, a person aboard a vessel
issued or required to have been issued
a LAP under this part that has pelagic
longline gear on board may not possess
live baitfish, maintain live baitfish in
any tank or well on board the vessel, or
set up or attach an aeration or water
circulation device in or to any such tank
or well. For the purposes of this section,
the Gulf of Mexico includes all waters
of the U.S. EEZ west and north of the
boundary stipulated at 50 CFR
600.105(c).
(5) * * *
(ii) * * *
(C) * * *
(1) Non-boated turtles should be
brought close to the boat and provided
with time to calm down. Then, it must
be determined whether or not the hook
can be removed without causing further
injury. A front flipper or flippers of the
turtle must be secured with an approved
turtle control device from the list
specified in paragraph (c)(2)(vii)(D) of
this section.
*
*
*
*
*
(iii) * * *
(A) Gangion length. The length of any
gangion on vessels that have pelagic
longline gear on board and that have
been issued, or are required to have, a
swordfish, shark, or Atlantic Tunas
Longline category LAP for use in the
Atlantic Ocean including the Caribbean
Sea and the Gulf of Mexico must be at
least 10 percent longer than any
floatline length if the total length of any
gangion plus the total length of any
floatline is less than 100 meters.
(B) Hook size, type, and bait. Vessels
fishing outside of the NED gear
restricted area, as defined at § 635.2,
that have pelagic longline gear on board,
and that have been issued, or are
required to have, a swordfish, shark, or
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Atlantic Tunas Longline category LAP
for use in the Atlantic Ocean, including
the Caribbean Sea and the Gulf of
Mexico, are limited, at all times, to
possessing on board and/or using only
whole finfish and/or squid bait, and the
following types and sizes of fishing
hooks:
*
*
*
*
*
(iv) Approval of sea turtle bycatch
mitigation gear. NMFS will file with the
Office of the Federal Register for
publication an initial list of required sea
turtle bycatch mitigation gear that
NMFS has approved as meeting the
minimum design standards specified
under paragraph (c)(5)(i) of this section.
Other devices proposed for use, such as
line clippers or cutters or dehookers, as
specified under paragraphs (c)(5)(i)(A)
through (C), (G), and (H) through (K) of
this section, must be approved as
meeting the minimum design standards
before being used. NMFS will examine
new devices, as they become available,
to determine if they meet the minimum
design standards, and will file with the
Office of the Federal Register for
publication notification of any new
devices that are approved as meeting the
standards.
*
*
*
*
*
(d) * * *
(1) * * *
(iii) * * *
(D) Charleston Deep Artificial Reef.
Bounded by rhumb lines connecting, in
order, the following points: 32°9.65′ N
lat., 79°9.2′ W long.; 32°7.155′ N lat.,
79°5.595′ W long.; 32°2.36′ N lat.,
79°9.975′ W long.; 32°5.04′ N lat.,
79°13.575′ W long.
*
*
*
*
*
(2) * * *
(ii) Handling and release
requirements. Sea turtle bycatch
mitigation gear, as required by
paragraph (d)(2)(i) of this section, must
be used to disengage any hooked or
entangled sea turtle as stated in
paragraph (c)(5)(ii) of this section. This
mitigation gear should also be employed
to disengage any hooked or entangled
species of prohibited sharks as listed
under heading D, Prohibited Sharks, of
Table 1 of appendix A to this part, any
hooked or entangled species of sharks
that exceed the retention limits as
specified in § 635.24(a), and any hooked
or entangled smalltooth sawfish. In
addition, if a smalltooth sawfish is
caught, the fish should be kept in the
water while maintaining water flow
over the gills and the fish should be
examined for research tags. All
smalltooth sawfish must be released in
a manner that will ensure maximum
probability of survival, but without
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removing the fish from the water or any
research tags from the fish.
*
*
*
*
*
(g) * * *
(1) Persons fishing with gillnet gear
must comply with the provisions
implementing the Atlantic Large Whale
Take Reduction Plan, the Bottlenose
Dolphin Take Reduction Plan, the
Harbor Porpoise Take Reduction Plan,
and any other relevant Take Reduction
Plan set forth in §§ 229.32 through
229.35 of this title. If a listed whale is
taken, the vessel operator must cease
fishing operations immediately and
contact NMFS as required under part
229 of this title.
(2) While fishing with a drift gillnet,
a vessel issued or required to be issued
a Federal Atlantic commercial shark
LAP and/or a Federal commercial
smoothhound permit must conduct net
checks at least every 2 hours to look for
and remove any sea turtles, marine
mammals, Atlantic sturgeon, or
smalltooth sawfish, and the drift gillnet
must remain attached to at least one
vessel at one end, except during net
checks. Smalltooth sawfish must not be
removed from the water while being
removed from the net.
(3) While fishing with a sink gillnet,
vessels issued or required to be issued
a Federal Atlantic commercial shark
LAP and/or a Federal commercial
smoothhound permit must limit the
soak time of the sink gillnet gear to no
more than 24 hours, measured from the
time the sink gillnet first enters the
water to the time it is completely
removed from the water. Smalltooth
sawfish must not be removed from the
water while being removed from the net.
*
*
*
*
*
■ 13. In § 635.22, revise paragraphs
(c)(1) and (5), (d), and (f) introductory
text to read as follows:
§ 635.22
Recreational retention limits.
*
*
*
*
*
(c) * * *
(1) The recreational retention limit for
sharks applies to any person who fishes
in any manner, except to persons aboard
a vessel that has been issued a Federal
Atlantic commercial shark vessel permit
under § 635.4. The retention limit can
change depending on the species being
caught and the size limit under which
they are being caught as specified under
§ 635.20(e). If a commercial Atlantic
shark quota is closed under § 635.28(b),
the recreational retention limit for
sharks and no sale provision in
paragraph (a) of this section may be
applied to persons aboard a vessel
issued a Federal Atlantic commercial
shark vessel permit under § 635.4(e),
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only if that vessel has also been issued
an HMS Charter/Headboat permit with
a shark endorsement under § 635.4(b)
and is engaged in a for-hire fishing trip.
A person on board a vessel that has been
issued or is required to be issued a
permit with a shark endorsement under
§ 635.4 may be required to use nonoffset, corrodible circle hooks as
specified in § 635.21(f) and (k) in order
to retain sharks per the retention limits
specified in this section.
*
*
*
*
*
(5) Sharks listed in Table 1 of
appendix A to this part that are not
listed in this section, must be released
by persons aboard a vessel that has not
been issued a Federal Atlantic
commercial shark vessel permit under
§ 635.4(e).
*
*
*
*
*
(d) Yellowfin tuna. Three yellowfin
tunas per person per day may be
retained. Regardless of the length of a
trip, no more than three yellowfin tuna
per person may be possessed on board
a vessel. The recreational retention limit
for yellowfin tuna applies to a person
who fishes in any manner, except to a
person aboard a vessel issued an
Atlantic Tunas vessel permit under
§ 635.4(d). The recreational retention
limit for yellowfin tuna applies to
persons, including captain and crew,
aboard a vessel that has been issued an
Atlantic HMS Charter/Headboat permit
under § 635.4(b) only when the vessel is
engaged in a for-hire trip.
*
*
*
*
*
(f) North Atlantic swordfish. The
recreational retention limits for North
Atlantic swordfish apply to persons
who fish in any manner, except to
persons aboard a vessel that has been
issued an HMS Charter/Headboat permit
with a commercial sale endorsement
under § 635.4(b) and only when on a
non for-hire trip; a directed, incidental
or handgear swordfish LAP under
§ 635.4(e) and (f); a Swordfish General
Commercial permit under § 635.4(f); an
Incidental HMS Squid Trawl permit
under § 635.4(n); or an HMS
Commercial Caribbean Small boat
permit under § 635.4(o).
*
*
*
*
*
■ 14. In § 635.23, revise paragraphs
(a)(2) and (4) to read as follows:
daltland on DSKBBV9HB2PROD with RULES
§ 635.23
Retention limits for bluefin tuna.
*
*
*
*
*
(a) * * *
(2) On an RFD, no person aboard a
vessel that has been issued an Atlantic
Tunas General category permit may fish
for, possess, retain, land, or sell a BFT
of any size class, and catch-and-release
or tag-and-release fishing for BFT under
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§ 635.26(a) is not authorized from such
vessel. On days other than RFDs, and
when the General category is open, large
medium or giant BFT may be caught
and landed from such vessels up to the
daily retention limit in effect for that
day. NMFS will annually publish a
schedule of RFDs in the Federal
Register.
*
*
*
*
*
(4) To provide for maximum
utilization of the quota for BFT, NMFS
may increase or decrease the daily
retention limit of large medium and
giant BFT over a range from zero (on
RFDs) to a maximum of five per vessel.
Such increase or decrease will be based
on the criteria provided under
§ 635.27(a)(8). NMFS will adjust the
daily retention limit specified in
paragraph (a)(2) of this section by filing
an adjustment with the Office of the
Federal Register for publication. In no
case shall such adjustment be effective
less than 3 calendar days after the date
of filing with the Office of the Federal
Register, except that previously
designated RFDs may be waived
effective upon closure of the General
category fishery so that persons aboard
vessels permitted in the General
category may conduct tag-and-release
fishing for BFT under § 635.26(a).
*
*
*
*
*
■ 15. In § 635.27, revise the paragraphs
(b)(1) introductory text, (c)(1)(i)(A) and
(B), and (d)(1) to read as follows:
§ 635.27
Quotas.
*
*
*
*
*
(b) * * *
(1) Commercial quotas. The
commercial quotas for sharks specified
in this section apply to all sharks
harvested from the management unit,
regardless of where harvested. Sharks
caught and landed commercially from
state waters, even by fishermen without
Federal shark permits, must be counted
against the appropriate commercial
quota. Any of the base quotas listed
below, including regional and/or subregional base quotas, may be adjusted
per paragraph (b)(2) of this section. Any
sharks landed commercially as
‘‘unclassified’’ will be counted against
the appropriate quota based on the
species composition calculated from
data collected by observers on nonresearch trips and/or dealer data. No
prohibited sharks, including parts or
pieces of prohibited sharks, which are
listed under heading D, Prohibited
Sharks, of Table 1 of appendix A to this
part, may be retained except as
authorized under § 635.32. For the
purposes of this section, the boundary
between the Gulf of Mexico region and
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Fmt 4700
Sfmt 4700
the Atlantic region is defined as a line
beginning on the east coast of Florida at
the mainland at 25°20.4′ N. lat.,
proceeding due east. Any water and
land to the south and west of that
boundary is considered, for the
purposes of quota monitoring and
setting of quotas, to be within the Gulf
of Mexico region. Any water and land
to the north and east of that boundary,
for the purposes of quota monitoring
and setting of quotas, is considered to be
within the Atlantic region.
*
*
*
*
*
(c) * * *
(1) * * *
(i) * * *
(A) A swordfish from the North
Atlantic stock caught prior to the
directed fishery closure by a vessel for
which a directed swordfish LAP, a
swordfish handgear LAP, an HMS
Commercial Caribbean Small Boat
permit, a Swordfish General
Commercial open access permit, or an
HMS Charter/Headboat permit with a
commercial sale endorsement (and only
when on a non for-hire trip) has been
issued or is required to have been issued
is counted against the directed fishery
quota. The total baseline annual fishery
quota, before any adjustments, is 2,937.6
mt dw for each fishing year. Consistent
with applicable ICCAT
recommendations, a portion of the total
baseline annual fishery quota may be
used for transfers to another ICCAT
contracting party. The annual directed
category quota is calculated by adjusting
for over- or under harvests, dead
discards, any applicable transfers, the
incidental category quota, the reserve
quota and other adjustments as needed,
and is subdivided into two equal
semiannual periods: One for January 1
through June 30, and the other for July
1 through December 31.
(B) A swordfish from the North
Atlantic swordfish stock landed by a
vessel for which an incidental swordfish
LAP, an incidental HMS Squid Trawl
permit, an HMS Angling permit, or an
HMS Charter/Headboat permit (and
only when on a for-hire trip) has been
issued, or a swordfish from the North
Atlantic stock caught after the effective
date of a closure of the directed fishery
from a vessel for which a swordfish
directed LAP, a swordfish handgear
LAP, an HMS Commercial Caribbean
Small Boat permit, a Swordfish General
Commercial open access permit, or an
HMS Charter/Headboat permit with a
commercial sale endorsement (when on
a non for-hire trip) has been issued, is
counted against the incidental category
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quota. The annual incidental category
quota is 300 mt dw for each fishing year.
*
*
*
*
*
(d) * * *
(1) Unless adjusted under paragraph
(d)(2) of this section or by an ICCAT
recommendation, the annual landings
limit is 250 Atlantic blue and white
marlin, combined. Annual landings of
roundscale spearfish are also included
to the blue and white marlin annual
landings limit. Should the U.S.
recreational Atlantic marlin landing
limit be adjusted by an ICCAT
recommendation, NMFS will file a
notice identifying the new landing limit
with the Office of the Federal Register
for publication prior to the start of the
next fishing year or as early as possible.
*
*
*
*
*
■ 16. In § 635.28, revise paragraphs
(a)(3) introductory text, (b)(1)(iv), (b)(7),
(c)(3), and (d) to read as follows:
§ 635.28
Fishery closures.
daltland on DSKBBV9HB2PROD with RULES
*
*
*
*
*
(a) * * *
(3) When the Atlantic Tunas Longline
category quota is reached, projected to
be reached, or exceeded, or when there
is high uncertainty regarding the
estimated or documented levels of
bluefin tuna catch, NMFS will file a
closure action with the Office of the
Federal Register for publication. On and
after the effective date and time of such
action, for the remainder of the fishing
year or for a specified period as
indicated in the closure action, vessels
that have been issued or are required to
have a LAP under § 635.4 and that have
pelagic longline gear onboard are
prohibited from leaving port, regardless
of the amount of bluefin tuna quota
allocation remaining to each vessel or
the amount of fishery quota remaining
for other species. In addition to
providing notice in the Federal
Register, NMFS will also notify vessels
of any closures and their timing via
VMS and may use other electronic
methods, such as email. Vessels would
be required to return to port prior to the
closure date/time. When considering
whether to close or reopen the Longline
category quota, NMFS may consider the
following factors:
*
*
*
*
*
(b) * * *
(1) * * *
(iv) The species is a prohibited
species as listed under heading D,
Prohibited Species of Table 1 of
appendix A to this part; or
*
*
*
*
*
(7) If the Atlantic Tunas Longline
category quota is closed as specified in
paragraph (a)(3) of this section, vessels
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that have pelagic longline gear on board
cannot possess, retain, land, or sell
sharks.
(c) * * *
(3) Bluefin tuna Longline category
closure. If the Atlantic Tunas Longline
category quota is closed as specified in
paragraph (a)(3) of this section, vessels
that have pelagic longline gear on board
cannot possess or land any North
Atlantic swordfish or bluefin tuna.
(d) Northern albacore tuna. When the
annual fishery quota specified in
§ 635.27(e) is reached, or is projected to
be reached, NMFS will file a closure
action with the Office of the Federal
Register for publication. When the
fishery for Northern albacore tuna is
closed, Northern albacore tuna may not
be retained. If the Atlantic Tunas
Longline category quota is closed as
specified in paragraph (a)(3) of this
section, vessels that have pelagic
longline gear on board cannot possess or
land any Northern albacore tuna.
17. In § 635.31, revise paragraph (d)(2)
to read as follows:
■
§ 635.31 Restrictions on sale and
purchase.
*
*
*
*
*
(d) * * *
(2) Atlantic swordfish dealers may
first receive a swordfish harvested from
the Atlantic Ocean only from an owner
or operator of a fishing vessel that has
a valid commercial permit for swordfish
issued under this part, and only if the
dealer has submitted reports to NMFS
according to reporting requirements of
§ 635.5(b)(1)(ii). Atlantic swordfish
dealers may first receive a swordfish
from a vessel that has pelagic longline
gear onboard only if the Atlantic Tunas
Longline category has not been closed,
as specified in § 635.28(a)(3).
18. In § 635.34, revise the introductory
text of paragraph (c) to read as follows:
■
§ 635.34 Adjustment of management
measures.
*
*
*
*
*
(c) NMFS may add species to the
prohibited shark species group specified
in heading D, Prohibited Sharks, of
Table 1 of appendix A to this part if,
after considering the criteria in
paragraphs (c)(1) through (4) of this
section, the species is determined to
meet at least two of the criteria.
Alternatively, NMFS may remove
species from the prohibited shark
species group and place them in the
appropriate shark species group in
Table 1 of appendix A if, after
considering the criteria in paragraphs
(c)(1) through (4) of this section, NMFS
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33157
determines the species only meets one
criterion.
*
*
*
*
*
■ 19. In § 635.40, revise the introductory
text of paragraph (b)(1) and remove and
reserve paragraph (b)(3) to read as
follows:
§ 635.40 Restrictions to enhance
conservation.
*
*
*
*
*
(b) * * *
(1) For the purposes of paragraph (a)
of this section and section 971d(6)(a) of
ATCA, a shipment of fish in any form
of the species under regulation or under
investigation by ICCAT offered for
entry, directly or indirectly, from a
country named in a finding filed with
the Office of the Federal Register for
publication under paragraph (a) of this
section is eligible for entry if the
shipment is accompanied by a
completed ATCA COE attached to the
invoice certifying that the fish in the
shipment:
*
*
*
*
*
■ 20. In § 635.71 revise paragraphs
(a)(53), (b)(20), (36) through (38), and
(40), and (e)(10) and (11) to read as
follows:
§ 635.71 Restrictions on sale and
purchase.
*
*
*
*
*
(a) * * *
(53) Fish for, catch, possess, retain, or
land an Atlantic swordfish using, or
captured on, ‘‘buoy gear’’ as defined at
§ 635.2, unless the vessel owner has
been issued a swordfish directed limited
access 125 permit or a swordfish
handgear LAP in accordance with
§ 635.4(f) or a valid HMS Commercial
Caribbean Small Boat permit in
accordance with § 635.4(o).
*
*
*
*
*
(b) * * *
(20) Approach to within 100 yd
(91.5 m) of the cork line of a purse seine
net used by a vessel fishing for Atlantic
tuna, or for a purse seine vessel to
approach to within 100 yd (91.5 m) of
a vessel actively fishing for Atlantic
tuna, except that two vessels that have
Atlantic Tunas Purse Seine category
LAPs may approach closer to each
other.
*
*
*
*
*
(36) Possess J-hooks onboard a vessel
that has pelagic longline gear onboard,
and that has been issued, or is required
to have, a swordfish, shark, or Atlantic
Tunas Longline category LAP for use in
the Atlantic Ocean, including the
Caribbean Sea and the Gulf of Mexico,
except when green-stick gear is onboard,
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daltland on DSKBBV9HB2PROD with RULES
as specified at § 635.21(c)(2)(vii)(A) and
(c)(5)(iii)(B)(3).
(37) Use or deploy J-hooks with
pelagic longline gear from a vessel that
has been issued, or is required to have,
a swordfish, shark, or Atlantic Tunas
Longline category LAP for use in the
Atlantic Ocean, including the Caribbean
Sea and Gulf of Mexico, as specified in
§ 635.21(c)(5)(iii)(B).
(38) As specified in
§ 635.21(c)(5)(iii)(B)(3), possess more
than 20 J-hooks onboard a vessel that
has been issued, or is required to have,
a swordfish, shark, or Atlantic Tunas
Longline category LAP for use in the
Atlantic Ocean, including the Caribbean
Sea and Gulf of Mexico, when
possessing onboard both pelagic
longline gear and green-stick gear as
defined in § 635.2.
*
*
*
*
*
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(40) Possess, use, or deploy J-hooks
smaller than 1.5 inch (38.1 mm), when
measured in a straight line over the
longest distance from the eye to any part
of the hook, when fishing with or
possessing green-stick gear onboard a
vessel that has been issued, or is
required to have, a swordfish, shark, or
Atlantic Tunas Longline category LAP
for use in the Atlantic Ocean, including
the Caribbean Sea and Gulf of Mexico,
as specified at § 635.21(c)(5)(iii)(B)(3) or
(c)(2)(vii)(A).
*
*
*
*
*
(e) * * *
(10) Fish for, catch, possess, retain, or
land an Atlantic swordfish using, or
captured on, ‘‘buoy gear’’ as defined at
§ 635.2, unless, as specified in
§ 635.19(e)(3), the vessel owner has been
issued a swordfish directed LAP or a
swordfish handgear LAP in accordance
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Fmt 4700
Sfmt 9990
with § 635.4(f) or a valid HMS
Commercial Caribbean Small Boat
permit in accordance with § 635.4(o).
(11) As the owner of a vessel
permitted, or required to be permitted,
in the swordfish directed, swordfish
handgear LAP category, or issued a
valid HMS Commercial Caribbean Small
Boat permit and utilizing buoy gear, to
possess or deploy more than 35
individual floatation devices, to deploy
more than 35 individual buoy gears per
vessel, or to deploy buoy gear without
affixed monitoring equipment, as
specified at § 635.21(h).
*
*
*
*
*
[FR Doc. 2018–14916 Filed 7–16–18; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33148-33158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14916]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180205129-8129-01]
RIN 0648-BH50
Atlantic Highly Migratory Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: This final rule makes editorial corrections amending the
regulations for Atlantic highly migratory species (HMS). This final
action will make the rules easier to use by making the cross-references
in the regulations accurate, correcting grammatical and punctuation
issues, and reformatting the regulations where needed to be consistent
with Federal Register guidelines. The action also in several instances
simplifies regulatory text by removing unnecessary language. The rule
is administrative in nature and does not make any change with
substantive effect to the regulations for HMS fisheries.
DATES: This final rule is effective on July 17, 2018.
ADDRESSES: Documents related to HMS fisheries management, such as the
2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments,
are available from the HMS Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or upon
request from the HMS Management Division at 1315 East-West Highway,
Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Larry Redd, or Karyl
Brewster-Geisz by phone at 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS are managed under the dual
authority of the Magnuson-Stevens Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq., (Magnuson-Stevens Act) and the Atlantic
Tunas Convention Act, 16 U.S.C. 971 et seq., (ATCA). On October 2,
2006, NMFS published in the Federal Register (71 FR 58058) regulations
implementing the 2006 Consolidated HMS FMP, which details the
management measures for Atlantic HMS fisheries; these management
measures have been amended or otherwise modified numerous times. The
implementing regulations for Atlantic HMS are at 50 CFR part 635.
Background
The regulations at 50 CFR part 635 are promulgated under ATCA and
the Magnuson-Stevens Act for the conservation and management of
Atlantic highly migratory species, including species of tunas,
billfish, sharks, and swordfish. In 2006, NMFS consolidated Atlantic
HMS management into one fishery management plan, the 2006 Consolidated
HMS FMP. Since then, NMFS has amended the FMP ten times through the
fishery management plan amendment process and has made numerous other
regulatory changes through framework actions. With this volume of
regulatory action, some small grammatical and other errors have
accumulated over time. As described in the sections below, this
technical amendment corrects grammatical, punctuation, consistency,
cross-reference errors in the HMS regulations at 50 CFR part 635. As
explained in the Consistency section below, it also simplifies
regulatory text by removing unnecessary language in several limited
instances.
Typographical Corrections
The following grammatical, punctuation, or clerical errors (i.e.,
typographical errors) in the HMS regulations are corrected by this
final rule:
The definition of ``CK'' at Sec. 635.2 does not spell out the
words for which it is an acronym. This final action therefore adds
``Cleithrum to Caudal Keel'' before the acronym ``CK.'' The definition
of ``Hammerhead Sharks'' at Sec. 635.2 capitalizes the word
``shark(s).'' This final action changes to lowercase the word
``shark(s).'' The regulation at Sec. 635.4(l)(2)(viii) does not
capitalize the word ``tunas'' in the permit title, ``Atlantic Tunas
Longline category LAP.'' This final action capitalizes the word
``Tunas.'' The regulation at Sec. 635.5(b)(1)(i) has commas
incorrectly after the words ``all'' and ``swordfish'' in the sentence,
``All reports must be species-specific and must include the required
information about all, swordfish, and sharks received by the dealer.''
This final action removes the misplaced commas. The regulation at Sec.
635.5(c)(2) is missing apostrophes and has extra parentheses in three
places where the text should read, ``owner's designee.'' This final
action adds apostrophes and removes the mistaken parentheses to correct
this text. The regulations at Sec. 635.6(b)(1)(ii) and (c)(1) do not
capitalize the word ``Arabic.'' This final action corrects this error
and
[[Page 33149]]
capitalizes ``Arabic.'' The regulation at Sec. 635.9(e)(4) has two
commas rather than one after the words ``trip'' and ``e.g.'' This final
action removes the extra commas. The regulation at Sec. 635.14(b)(1)
uses two different styles of quotation marks around the words ``bluefin
tuna ratio.'' This final action changes the quotation marks so that
they are the same and removes the colon within this regulation. The
regulation at Sec. 635.14(b)(1) incorrectly capitalizes the word
``Swordfish.'' This final action changes ``Swordfish'' to
``swordfish.'' The regulation at Sec. 635.15(c)(3)(iv) is missing the
word ``year'' and has an extra period at the end of the first sentence.
This final action adds the word ``year'' and removes the extra period.
Additionally, this regulation incorrectly capitalizes the words
``Eastern Time.'' This final action changes ``Eastern Time'' to
``eastern time.'' The regulation at Sec. 635.21(g)(1) uses ``NOAA
Fisheries,'' and the final action changes it to ``NMFS'' for
consistency across the regulations. The regulation at Sec.
635.27(d)(1) incorrectly uses the word ``this'' in the second sentence.
This final action changes ``this'' to ``the.'' Additionally, this final
action removes outdated language regarding an effective date of January
1, 2007 from Sec. 635.27(d)(1). Additionally, for Sec. 635.28(d),
this final action capitalizes the lower case ``n'' for the species
Northern albacore tuna.
The regulations at Sec. Sec. 635.2, 635.4(e)(3) and (g)(2),
635.21(d)(2)(ii), 635.27(b)(1), 635.28(b)(1)(iv), and 635.34(c) do not
consistently capitalize the word ``Table'' and lowercase the word
``appendix'' in the phrase, ``Table 1 of appendix A to this part.''
This final action corrects the references to ``Table 1 of appendix A to
this part'' in Sec. Sec. 635.2, 635.4(e)(3) and (g)(2),
635.21(d)(2)(ii), 635.27(b)(1), 635.28(b)(1)(iv), and 635.34(c) so that
capitalization and phrasing are consistent throughout.
Limited Access Permit Corrections
The HMS regulations at Sec. 635.2 currently provide a definition
for ``LAP,'' defining it as an acronym for the ``limited access
permit.'' The HMS regulations do not consistently use the acronym,
however, and still refer to ``limited access permits'' or ``limited
access vessel permits'' sometimes in the regulations. Consistency
across the regulations would make them clearer. The regulations at
Sec. Sec. 635.4(a)(3), (d)(4), (e)(2) through (4), (f)(1), (2), (4),
and (5), (h)(2), (l)(2)(ii)(A) through (C), (l)(2)(iii) through (ix),
and (m)(2), 635.8(a)(1) and (3), (c)(2) and (3), 635.15(k) introductory
text and (k)(4)(iii), 635.19(e)(4), 635.21(b)(1), (c)(3) and (4),
(c)(5)(iii)(A) and (B), (g)(2) and (3), 635.27(c)(1)(i)(A) and (B),
635.28(a)(3), and 635.71(a)(53) and (e)(10) and (11) do not use the
acronym ``LAP'' for ``limited access permit.'' This final action
changes ``limited access permit'' to ``LAP'' so that the acronym
defined at Sec. 635.2 is used consistently across the HMS regulations.
The regulations at Sec. Sec. 635.15(k) and (l)(4)(iii) and
635.21(c)(5)(iii)(B) incorrectly use the word ``permit'' or
``permitted'' instead of the acronym ``LAP'' when referring to the
Atlantic Tunas Longline category limited access permit. For consistency
within the regulations referring to the Atlantic Tunas Longline
category limited access permit, this final action changes the word
``permit'' or ``permitted'' to ``LAP.'' The regulations at Sec. Sec.
635.4(l)(2)(iii) and 635.21(b)(1) incorrectly name a permit as ``tuna
longline LAPs.'' This final action corrects the permit name to
``Atlantic Tunas Longline category LAP.'' The regulations at Sec. Sec.
635.21(c)(5)(iii)(A) and 635.71(a)(40) and (b)(36) through (38),
incorrectly list a permit name as ``tunas Longline category permit.''
This final action corrects the permit name to ``Atlantic Tunas Longline
category LAP.'' The regulations at Sec. 635.15(k) improperly exclude
the word ``category'' from the permit name, ``Atlantic Tunas Longline
category LAP.'' This final action corrects the error by adding the word
``category.'' The regulations at Sec. 635.23(a)(2) incorrectly list
the permit as ``General category Atlantic Tunas permit.'' This final
action corrects the permit name to ``Atlantic Tunas General category
permit.'' Additionally this final action removes language referring
specifically to ``one large medium or giant BFT per day'' allowed to be
caught or landed on days other than RFDs. Because NMFS may increase or
decrease the daily retention limit of large medium and giant BFT over a
range of zero to a maximum of five under cross reference Sec.
635.23(a)(4), it is more clear to refer to the ``daily retention limit
in effect for that day.'' The regulation at Sec. 635.71(b)(20)
incorrectly lists the relevant permit as ``Purse Seine category
Atlantic tuna permit.'' This final action corrects the permit name to
``Atlantic Tunas Purse Seine category LAP.''
Cross References Corrections
This final action corrects the incorrect cross references found in
the definitions and regulations at Sec. Sec. 635.2 (definitions of
``Display Permit'' and ``EFP''), 635.4(a)(8) and (h)(1)(iii),
635.5(a)(5)(ii), 635.21(c)(5)(ii)(C)(1) and (c)(5)(iv), 635.28(b)(7),
(c)(3), and (d), 635.31(d)(2), and 635.40(b)(1). Section
635.21(c)(5)(iv) references paragraphs (A), (B), (C), (G), (H), and (K)
as specifying ``[o]ther devices proposed for use as line clippers or
cutters or de-hookers.'' This final action adds references to
paragraphs (I) and (J) to that list. Additionally, Sec. Sec.
635.22(c)(1) and (5) and (d) and 635.23(a)(2) and (4), have cross
references that are broadly referenced and need to be more specific to
the correct provision under part 635. This action corrects those cross
references by adding the specific cross reference location (e.g.,
within Sec. 635.22(c)(1), changing the reference from Sec. 635.4 to
Sec. 635.4(e)).
Consistency Corrections
Regulations at Sec. Sec. 635.2 (definition of ``Exporter'') and
635.4(a)(6) use a Federal Register citation format that is inconsistent
with the citation format otherwise used in part 635. This final action
revises the citation format for consistency purposes.
At Sec. 635.4(c)(2), this final action changes the word ``issued''
to ``with'' to be more internally consistent.
At Sec. 635.4(l)(2)(viii), this final action removes the word
``an'' to be more internally consistent.
The current regulations do not consistently refer to swordfish and
shark LAPs, sometimes referring to them as ``catch LAPs'' and other
times spelling out ``limited access permit.'' This inconsistency in
terminology can lead to confusion. As such, this final action changes
these swordfish and shark LAP references to be more internally
consistent to clarify the regulations. Specifically, the regulations at
Sec. 635.4(l)(2)(viii) and (ix) use the phrase, ``a directed or
incidental LAP for swordfish, a directed or an incidental catch LAP for
shark.'' This final action will correct the phrase to, ``a directed or
incidental swordfish LAP, a directed or incidental shark LAP.'' The
regulations at Sec. 635.4(l)(2)(viii) uses the phrase ``a LAP for
swordfish.'' This final action corrects the phrase to ``a swordfish
LAP.'' The regulations at Sec. 635.4(l)(2)(viii) and (ix) uses the
phrase ``a directed or incidental catch shark LAP,'' respectively. This
final action corrects the phrase to ``a directed or incidental shark
LAP,'' respectively. The regulations at Sec. 635.4(l)(2)(ix) use the
phrase ``directed or incidental catch swordfish or shark LAP.'' This
final action will correct the phrase to ``directed or incidental
swordfish or shark LAP.'' The regulation at Sec. 635.22(f) uses the
phrase ``incidental or handgear limited access swordfish permit.'' This
final action will correct the phrase to ``incidental or handgear
swordfish LAP.''
[[Page 33150]]
The definition of ``Fishing Year'' at Sec. 635.2 includes
incorrect language left over from past definitions. The fishing year
for all tunas, sharks, billfish, and swordfish is January 1 through
December 31, as reflected in the 2006 Consolidated HMS FMP. This final
action removes this outdated text and simplifies the definition for
tunas, sharks, billfish and swordfish to match the dates established in
previous actions, reading ``January 1 through December 31.''
The first sentence at Sec. 635.20(b) starts with the phrase, ``The
size class of a BFT found with the head removed shall be determined
using . . .'' This phrase, referring to a BFT that is ``found,'' is
confusing and inconsistent with a similar regulation at Sec. 635.20(f)
(``For a swordfish that has its head naturally attached . . .''). This
final action re-words the phrase found in Sec. 635.20(b) to be less
confusing and more consistent with the wording at Sec. 635.20(f). With
this change, Sec. 635.20(b) will read, ``If the head of a BFT is no
longer attached, the size class of the BFT shall be determined using .
. .''
The regulation at Sec. 635.40(b)(3) references 19 CFR 10.79, the
``Declaration of Master and Two Members of Crew on Entry of Products of
American Fisheries.'' Section 10.79 no longer exists within title 19,
and has instead been reserved. This final action removes language
referencing this obsolete regulation and reserves this location. This
change would not have any effect on the part 635 regulations since 19
CFR 10.79 has been amended and reserved.
Finally, the regulation at Sec. 635.21(d)(1)(iii)(D) refers to
out-of-date coordinates for the Charleston Deep Artificial Reef. This
final action updates the old boundary coordinates for the Charleston
Deep Artificial Reef to match the boundary changes that were recently
made to the Charleston Deep Artificial Reef MPA via Snapper Grouper
Amendment 36 (82 FR 29772, June 30, 2017).
Classification
The Assistant Administrator for Fisheries has determined that this
final rule is necessary for the conservation and management of U.S.
fisheries and that it is consistent with the Magnuson-Stevens Act, the
2006 Consolidated Atlantic HMS FMP and its amendments, ATCA, and other
applicable law.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment are unnecessary and contrary to the public interest. This
final rule makes only corrective, non-substantive changes to regulatory
text, adds missing cross-references and/or corrects cross-references to
HMS regulations, and in several instances, removes unnecessary
language, and is solely administrative in nature. Therefore, public
comment would serve no purpose and is unnecessary. Furthermore, it is
in the public interest to revise the regulations as quickly as possible
to reduce any potential confusion to the public of the regulatory
requirements at 50 CFR part 635. Any delay in implementation would
result in the continuation of this potential confusion. Thus, there is
also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in
effective date.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, and a
proposed rule is not being published, the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
NMFS has determined that fishing activities conducted pursuant to
this rule will not affect endangered and/or threatened species or
critical habitat listed under the Endangered Species Act, or marine
mammals protected by the Marine Mammal Protection Act, because the
action is purely administrative in nature by making editorial
corrections or clarifications to existing regulatory text, with no
substantive changes or effects.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: July 9, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is amended
as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.2, revise the definition of ``Atlantic Aggregated
LCS,'' remove the definition of ``CK,'' add the definition of
``Cleithrum to Caudal Keel or CK,'' and revise the definitions of
``Display permit,'' ``EFP,'' ``Exporter,'' ``Fishing year,'' ``Gulf of
Mexico Aggregated LCS,'' ``Hammerhead Shark(s),'' ``Highly migratory
species (HMS),'' ``Large coastal shark (LCS),'' ``Non-blacknose SCS,''
``Pelagic shark,'' ``Prohibited shark,'' ``Research LCS,'' ``Small
coastal shark (SCS),'' and ``Smoothhound shark(s)'' to read as follows:
Sec. 635.2 Definitions.
* * * * *
Atlantic Aggregated LCS means one of the following species, or
parts thereof, as listed in Table 1 of appendix A to this part:
Atlantic blacktip, bull, lemon, nurse, silky, spinner, and tiger.
* * * * *
Cleithrum to Caudal Keel or CK measurement means the length of a
fish measured along the body contour, i.e., a curved measurement, from
the point on the cleithrum that provides the shortest possible
measurement along the body contour to the anterior portion of the
caudal keel. The cleithrum is the semicircular bony structure at the
posterior edge of the gill opening.
* * * * *
Display permit means a permit issued in order to catch and land HMS
for the purpose of public display pursuant to Sec. 635.32(d).
* * * * *
EFP means an exempted fishing permit issued pursuant to Sec.
600.745 of this chapter or to Sec. 635.32(c).
* * * * *
Exporter, for purposes of this subpart, is the principal party in
interest, meaning the party that receives the primary benefit, monetary
or otherwise, of the export transaction. For exports from the United
States, the exporter is the U.S. principal party in interest, as
identified in 15 CFR part 30. An exporter is subject to the
requirements of this subpart, even if exports are exempt from
statistical reporting requirements under 15 CFR part 30.
* * * * *
Fishing year means January 1 through December 31.
* * * * *
Gulf of Mexico Aggregated LCS means one of the following species,
or parts thereof, as listed in Table 1 of appendix A to this part:
Bull, lemon, nurse, silky, spinner, and tiger.
Hammerhead shark(s) means great, scalloped, and smooth hammerhead
shark species, or parts thereof, as listed in Table 1 of appendix A to
this part.
* * * * *
Highly migratory species (HMS) means bluefin, bigeye, yellowfin,
albacore, and skipjack tunas; swordfish; sharks (listed in Table 1 of
appendix A
[[Page 33151]]
to this part); white marlin; blue marlin; sailfish; longbill spearfish;
and roundscale spearfish.
* * * * *
Large coastal shark (LCS) means one of the species, or a part
thereof, listed in heading A, Large Coastal Sharks, of Table 1 of
appendix A to this part.
* * * * *
Non-blacknose SCS means one of the species, or part thereof, listed
in heading B, Small Coastal Sharks, of Table 1 of appendix A to this
part other than the blacknose shark.
* * * * *
Pelagic shark means one of the species, or a part thereof, listed
in heading C, Pelagic Sharks, of Table 1 of appendix A to this part.
* * * * *
Prohibited shark means one of the species, or a part thereof,
listed in heading D, Prohibited Sharks, of Table 1 of appendix A to
this part.
* * * * *
Research LCS means one of the species, or part thereof, listed in
heading A, Large Coastal Sharks, of Table 1 of appendix A to this part,
other than sandbar sharks.
* * * * *
Small coastal shark (SCS) means one of the species, or a part
thereof, listed in heading B, Small Coastal Sharks, of Table 1 of
appendix A to this part.
* * * * *
Smoothhound shark(s) means one of the species, or part thereof,
listed in heading E, Smoothhound Sharks, of Table 1 of appendix A to
this part.
* * * * *
0
3. In Sec. 635.4, revise paragraphs (a)(3), (6), and (8), (c)(2),
(d)(4), (e)(2) through (4), (f)(1), (2), (4), and (5), (g)(2),
(h)(1)(iii), (h)(2), (l)(2)(ii)(A) through (C), (l)(2)(iii) through
(ix), and (m)(2) to read as follows:
Sec. 635.4 Permits and fees.
* * * * *
(a)
* * * * *
(3) Property rights. LAPs or any other permit issued pursuant to
this part do not represent either an absolute right to the resource or
any interest that is subject to the takings provision of the Fifth
Amendment of the U.S. Constitution. Rather, LAPs represent only a
harvesting privilege that may be revoked, suspended, or amended subject
to the requirements of the Magnuson-Stevens Act or other applicable
law.
* * * * *
(6) Sanctions and denials. A permit issued under this section may
be revoked, suspended, or modified, and a permit application may be
denied, in accordance with the procedures governing enforcement-related
permit sanctions and denials found at 15 CFR part 904, subpart D.
* * * * *
(8) Replacement. NMFS may issue a replacement permit upon the
request of the permittee. An application for a replacement permit will
not be considered a new application. An appropriate fee, consistent
with paragraph (a)(9) of this section, may be charged for issuance of
the replacement permit.
* * * * *
(c) * * *
(2) A vessel with a valid Atlantic Tunas General category permit
issued under paragraph (d) of this section or with a valid Swordfish
General Commercial permit issued under paragraph (f) of this section
may fish in a recreational HMS fishing tournament if the vessel has
registered for, paid an entry fee to, and is fishing under the rules of
a tournament that has registered with NMFS' HMS Management Division as
required under Sec. 635.5(d). When a vessel with a valid Atlantic
Tunas General category permit or a valid Swordfish General Commercial
permit is fishing in such a tournament, such vessel must comply with
HMS Angling category regulations, except as provided in paragraphs
(c)(3) through (5) of this section.
* * * * *
(d) * * *
(4) A person can obtain an Atlantic Tunas Longline category LAP for
a vessel only if the vessel has been issued both a LAP for shark and a
LAP, other than handgear, for swordfish. Atlantic Tunas Longline
category LAPs may only be obtained through transfer from current owners
consistent with the provisions under paragraph (l)(2) of this section.
* * * * *
(e) * * *
(2) The owner of vessels that fish for, take, retain, or possess
the Atlantic oceanic sharks listed in headings A, B, or C of Table 1 of
appendix A to this part with an intention to sell must obtain a Federal
Atlantic commercial shark directed or incidental LAP or an HMS
Commercial Caribbean Small Boat permit. The only valid Federal
commercial shark directed and shark incidental LAPs are those that have
been issued under the limited access program consistent with the
provisions under paragraphs (l) and (m) of this section.
(3) A vessel owner issued or required to be issued a Federal
Atlantic commercial shark directed or shark incidental LAP may harvest,
consistent with the other regulations in this part, any shark species
listed in headings A, B, or C of Table 1 of appendix A to this part.
(4) Owners of vessels that fish for, take, retain, or possess the
Atlantic oceanic sharks listed in heading E, Smoothhound Sharks, of
Table 1 of appendix A to this part with an intention to sell them must
obtain a Federal commercial smoothhound permit. In addition to other
permits issued pursuant to this section or other authorities, a Federal
commercial smoothhound permit may be issued to a vessel alone or to a
vessel that also holds either a Federal Atlantic commercial shark
directed or incidental LAP.
(f) * * *
(1) Except as specified in paragraphs (n) and (o) of this section,
the owner of a vessel of the United States used to fish for or take
swordfish commercially from the management unit, or on which swordfish
from the management unit are retained or possessed with an intention to
sell, or from which swordfish are sold, must obtain an HMS Charter/
Headboat permit with a commercial sale endorsement issued under
paragraph (b) of this section, or one of the following swordfish
permits: A swordfish directed LAP, swordfish incidental LAP, swordfish
handgear LAP, or a Swordfish General Commercial permit. These permits
cannot be held in combination with each other on the same vessel,
except that an HMS Charter/Headboat permit with a commercial sale
endorsement may be held in combination with a swordfish handgear LAP on
the same vessel. It is a rebuttable presumption that the owner or
operator of a vessel on which swordfish are possessed in excess of the
recreational retention limits intends to sell the swordfish. (2) The
only valid commercial Federal vessel permits for swordfish are the HMS
Charter/Headboat permit with a commercial sale endorsement issued under
paragraph (b) of this section (and only when on a non for-hire trip),
the Swordfish General Commercial permit issued under paragraph (f) of
this section, a swordfish LAP issued consistent with paragraphs (l) and
(m) of this section, or permits issued under paragraphs (n) and (o) of
this section.
* * * * *
(4) A directed or incidental swordfish LAP is valid only when the
vessel has on board a valid shark LAP and a valid Atlantic Tunas
Longline category LAP issued for such vessel.
[[Page 33152]]
(5) A Swordfish General Commercial permit may not be held on a
vessel in conjunction with an HMS Charter/Headboat permit issued under
paragraph (b) of this section, an HMS Angling category permit issued
under paragraph (c) of this section, a swordfish LAP issued consistent
with paragraphs (l) and (m) of this section, an Incidental HMS Squid
Trawl permit issued under paragraph (n) of this section, or an HMS
Commercial Caribbean Small Boat permit issued under paragraph (o) of
this section. A vessel issued a Swordfish General Commercial open
access permit for a fishing year shall not be issued an HMS Angling
permit or an HMS Charter/Headboat permit for that same fishing year,
regardless of a change in the vessel's ownership.
(g) * * *
(2) Shark. A dealer, as defined in Sec. 600.10 of this chapter,
must possess a valid federal Atlantic shark dealer permit to purchase,
trade, or barter any Atlantic shark listed in Table 1 of appendix A to
this part except as noted under paragraph (o) of this section.
* * * * *
(h) * * *
(1) * * *
(iii) NMFS may require an applicant to provide documentation
supporting the application before a permit is issued or to substantiate
why such permit should not be revoked or otherwise sanctioned under
paragraph (a)(6) of this section.
* * * * *
(2) LAPs for swordfish and shark. See paragraph (l) of this section
for transfers of LAPs for shark and swordfish. See paragraph (m) of
this section for renewals of LAPs for shark and swordfish.
* * * * *
(l) * * *
(2) * * *
(ii) * * *
(A) The vessel baseline specifications are the respective
specifications (length overall, gross registered tonnage, net tonnage,
horsepower) of the first vessel that was issued an initial LAP or, if
applicable, of that vessel's replacement owned as of May 28, 1999.
(B) Subsequent to the issuance of a swordfish handgear LAP, the
vessel's horsepower may be increased, relative to the baseline
specifications of the vessel initially issued the LAP, through
refitting, replacement, or transfer. Such an increase may not exceed 20
percent of the baseline specifications of the vessel initially issued
the LAP.
(C) Subsequent to the issuance of a swordfish handgear LAP, the
vessel's length overall, gross registered tonnage, and net tonnage may
be increased, relative to the baseline specifications of the vessel
initially issued the LAP, through refitting, replacement, or transfer.
An increase in any of these three specifications of vessel size may not
exceed 10 percent of the baseline specifications of the vessel
initially issued the LAP. This type of upgrade may be done separately
from an engine horsepower upgrade.
(iii) No person or entity may own or control more than 5 percent of
the vessels for which swordfish directed, shark directed, or Atlantic
Tunas Longline category LAPs have been issued.
(iv) In order to transfer a swordfish, shark, or an Atlantic Tunas
Longline category LAP to a replacement vessel, the owner of the vessel
issued the LAP must submit a request to NMFS, at an address designated
by NMFS, to transfer the LAP to another vessel, subject to requirements
specified in paragraph (l)(2)(ii) of this section, if applicable. The
owner must return the current valid LAP to NMFS with a complete
application for a LAP, as specified in paragraph (h) of this section,
for the replacement vessel. Copies of both vessels' U.S. Coast Guard
documentation or state registration must accompany the application.
(v) For swordfish, shark, and Atlantic Tunas Longline category LAP
transfers to a different person, the transferee must submit a request
to NMFS, at an address designated by NMFS, to transfer the original
LAP(s), subject to the requirements specified in paragraphs (l)(2)(ii)
and (iii) of this section, if applicable. The following must accompany
the completed application: The original LAP(s) with signatures of both
parties to the transaction on the back of the permit(s) and the bill of
sale for the permit(s). A person must include copies of both vessels'
U.S. Coast Guard documentation or state registration for LAP transfers
involving vessels.
(vi) For LAP transfers in conjunction with the sale of the
permitted vessel, the transferee of the vessel and LAP(s) issued to
that vessel must submit a request to NMFS, at an address designated by
NMFS, to transfer the limited access permit(s) LAP(s), subject to the
requirements specified in paragraphs (l)(2)(ii) and (iii) of this
section, if applicable. The following must accompany the completed
application: The original LAP(s) with signatures of both parties to the
transaction on the back of the permit(s), the bill of sale for the
LAP(s) and the vessel, and a copy of the vessel's U.S. Coast Guard
documentation or state registration.
(vii) The owner of a vessel issued a LAP(s) who sells the permitted
vessel but retains the LAP(s) must notify NMFS within 30 days after the
sale of the change in application information in accordance with
paragraph (i) of this section. If the owner wishes to transfer the
LAP(s) to a replacement vessel, he/she must apply according to the
procedures in paragraph (l)(2)(iv) of this section.
(viii) As specified in paragraph (f)(4) of this section, a directed
or incidental swordfish LAP, a directed or incidental shark LAP, and an
Atlantic Tunas Longline category LAP are required to retain swordfish
for commercial purposes. Accordingly, a swordfish LAP obtained by
transfer without either a directed or incidental shark LAP or an
Atlantic Tunas Longline category LAP will not entitle an owner or
operator to use a vessel to fish in the swordfish fishery.
(ix) As specified in paragraph (d)(4) of this section, a directed
or incidental swordfish LAP, a directed or incidental shark LAP, and an
Atlantic Tunas Longline category LAP are required to retain Atlantic
tunas taken by pelagic longline gear. Accordingly, an Atlantic Tunas
Longline category LAP obtained by transfer without either a directed or
incidental swordfish or shark LAP will not entitle an owner or operator
to use the permitted vessel to fish in the Atlantic tunas fishery with
pelagic longline gear.
(m) * * *
(2) Shark and swordfish permits. A vessel owner must obtain the
applicable LAP(s) issued pursuant to the requirements in paragraphs (e)
and (f) of this section and/or a Federal commercial smoothhound permit
issued under paragraph (e) of this section; or an HMS Commercial
Caribbean Small Boat permit issued under paragraph (o) of this section,
if: The vessel is used to fish for or take sharks commercially from the
management unit; sharks from the management unit are retained or
possessed on the vessel with an intention to sell; or sharks from the
management unit are sold from the vessel. A vessel owner must obtain
the applicable LAP(s) issued pursuant to the requirements in paragraphs
(e) and (f) of this section, a Swordfish General Commercial permit
issued under paragraph (f) of this section, an Incidental HMS Squid
Trawl permit issued under paragraph (n) of this section, an HMS
Commercial Caribbean Small Boat permit issued under paragraph (o) of
this section, or an HMS Charter/Headboat permit with a commercial sale
endorsement issued under paragraph (b) of this section,
[[Page 33153]]
which authorizes a Charter/Headboat to fish commercially for swordfish
on a non for-hire trip subject to the retention limits at Sec.
635.24(b)(4) if: The vessel is used to fish for or take swordfish
commercially from the management unit; swordfish from the management
unit are retained or possessed on the vessel with an intention to sell;
or swordfish from the management unit are sold from the vessel. The
commercial retention and sale of swordfish from vessels issued an HMS
Charter/Headboat permit with a commercial sale endorsement is
permissible only when the vessel is on a non for-hire trip. Only
persons holding non-expired shark and swordfish LAP(s) in the preceding
year are eligible to renew those LAP(s). Transferors may not renew
LAP(s) that have been transferred according to the procedures in
paragraph (l) of this section.
* * * * *
0
4. In Sec. 635.5, revise paragraphs (a)(5)(ii), (b)(1)(i), and (c)(2)
to read as follows:
Sec. 635.5 Recordkeeping and reporting.
* * * * *
(a) * * *
(5) * * *
(ii) Before fishing under a chartering arrangement, the owner of a
fishing vessel subject to U.S. jurisdiction must apply for, and obtain,
a chartering permit as specified in Sec. 635.32(e) and (g). If a
chartering permit is obtained, the vessel owner must submit catch
information as specified in the terms and conditions of that permit.
All catches will be recorded and counted against the applicable quota
of the Contracting Party to which the chartering foreign entity is a
member and, unless otherwise provided in the chartering permit, must be
offloaded in the ports of the chartering foreign entity or offloaded
under the direct supervision of the chartering foreign entity.
* * * * *
(b) * * *
(1) * * *
(i) Dealers that have been issued or should have been issued a
Federal Atlantic BAYS tunas, swordfish, and/or shark dealer permit
under Sec. 635.4 must submit to NMFS all reports required under this
section within the timeframe specified under paragraph (b)(1)(ii) of
this section. BAYS tunas, swordfish, and sharks commercially-harvested
by a vessel can only be first received by dealers that have been issued
or should have been issued an Atlantic tunas, swordfish, and/or shark
dealer permit under Sec. 635.4. All federal Atlantic HMS dealers must
provide a detailed report of all fish first received to NMFS within the
period specified under paragraph (b)(1)(ii) of this section. All
reports must be species-specific and must include the required
information about all swordfish and sharks received by the dealer,
including the required vessel information, regardless of where the fish
were harvested or whether the harvesting vessel is permitted under
Sec. 635.4. For sharks, each report must specify the total weight of
the carcass(es) without the fins for each species, and the total fin
weight by grade for all sharks combined. Dealers are also required to
submit ``negative'' reports, indicating no receipt of any species,
within the timeframe specified under paragraph (b)(1)(ii) of this
section if they did not first receive any fish during the reporting
period. As stated in Sec. 635.4(a)(6), failure to comply with these
recordkeeping and reporting requirements may result in existing dealer
permit(s) being revoked, suspended, or modified, and in the denial of
any permit applications.
* * * * *
(c) * * *
(2) Non-tournament landings. The owner, or the owner's designee, of
a vessel permitted, or required to be permitted, in the Atlantic HMS
Angling or Atlantic HMS Charter/Headboat category must report all non-
tournament landings of Atlantic blue marlin, Atlantic white marlin,
roundscale spearfish, and Atlantic sailfish, and all non-tournament and
non-commercial landings of North Atlantic swordfish to NMFS by
telephone to a number designated by NMFS, or electronically via the
internet to an internet website designated by NMFS, or by other means
as specified by NMFS, within 24 hours of that landing. For telephone
landing reports, the owner, or the owner's designee, must provide a
contact phone number so that a NMFS designee can call the vessel owner,
or the owner's designee, for follow up questions and to confirm the
reported landing. Regardless of how submitted, landing reports
submitted to NMFS are not complete unless the vessel owner, or the
owner's designee, has received a confirmation number from NMFS or a
NMFS designee.
* * * * *
0
5. In Sec. 635.6, revise paragraphs (b)(1)(ii) and (c)(1) to read as
follows:
Sec. 635.6 Vessel and gear identification.
* * * * *
(b) * * *
(1) * * *
(ii) In block Arabic numerals permanently affixed to or painted on
the vessel in contrasting color to the background.
* * * * *
(c) * * *
(1) The owner or operator of a vessel for which a permit has been
issued under Sec. 635.4 and that uses handline, buoy gear, harpoon,
longline, or gillnet, must display the vessel's name, registration
number, or Atlantic Tunas, HMS Angling, or HMS Charter/Headboat permit
number on each float attached to a handline, buoy gear, or harpoon, and
on the terminal floats and high-flyers (if applicable) on a longline or
gillnet used by the vessel. The vessel's name or number must be at
least 1 inch (2.5 cm) in height in block letters or Arabic numerals in
a color that contrasts with the background color of the float or high-
flyer.
* * * * *
0
6. In Sec. 635.8, revise paragraphs (a)(1) and (3) and (c)(2) and (3)
to read as follows:
Sec. 635.8 Workshops.
(a) * * *
(1) Both the owner and operator of a vessel that fishes with
longline or gillnet gear must be certified by NMFS, or its designee, as
having completed a workshop on the safe handling, release, and
identification of protected species before a shark or swordfish LAP,
pursuant to Sec. 635.4(e) and (f), is renewed. For the purposes of
this section, it is a rebuttable presumption that a vessel fishes with
longline or gillnet gear if: Longline or gillnet gear is onboard the
vessel; logbook reports indicate that longline or gillnet gear was used
on at least one trip in the preceding year; or, in the case of a permit
transfer to new owners that occurred less than a year ago, logbook
reports indicate that longline or gillnet gear was used on at least one
trip since the permit transfer.
* * * * *
(3) The owner of a vessel that fishes with longline or gillnet
gear, as specified in paragraph (a)(1) of this section, is required to
possess on board the vessel a valid protected species safe handling,
release, and identification workshop certificate issued to that vessel
owner. A copy of a valid protected species safe handling, release, and
identification workshop certificate issued to the vessel owner for a
vessel that fishes with longline or gillnet gear must be included in
the application package to renew or obtain a shark or swordfish LAP.
* * * * *
[[Page 33154]]
(c) * * *
(2) If a vessel fishes with longline or gillnet gear as described
in paragraph (a)(1) of this section, the vessel owner may not renew a
shark or swordfish LAP, issued pursuant to Sec. 635.4(e) or (f),
without submitting a valid protected species workshop certificate with
the permit renewal application. (3) A vessel that fishes with longline
or gillnet gear as described in paragraph (a)(1) of this section and
that has been, or should be, issued a valid LAP pursuant to Sec.
635.4(e) or (f), may not fish unless a valid protected species safe
handling, release, and identification workshop certificate has been
issued to both the owner and operator of that vessel.
* * * * *
0
7. In Sec. 635.9, revise paragraph (e)(4) to read as follows:
Sec. 635.9 Electronic monitoring.
* * * * *
(e) * * *
(4) Completion of trip. Within 48 hours of completing a fishing
trip, the vessel owner or operator must mail the removable EM system
hard drive(s) containing all data to NMFS or NMFS-approved contractor,
according to instructions provided by NMFS. The vessel owner or
operator is responsible for using shipping materials suitable to
protect the hard drives (e.g., bubble wrap), tracking the package, and
including a self-addressed mailing label for the next port of call so
replacement hard drives can be mailed back to the vessel owner or
operator. Prior to departing on a subsequent trip, the vessel owner or
operator must install a replacement EM system hard drive(s) to enable
data collection and video recording. The vessel owner or operator is
responsible for contacting NMFS or NMFS-approved contractor if they
have requested but not received a replacement hard drive(s) and for
informing NMFS or NMFS-approved contractor of any lapse in the hard
drive management procedures described in the VMP.
* * * * *
0
8. In Sec. 635.14, revise paragraph (b)(1) to read as follows:
Sec. 635.14 Performance metrics.
* * * * *
(b) * * *
(1) Bluefin tuna interactions performance metric. The basis for the
bluefin tuna interactions performance metric is the ratio of the number
of bluefin tuna interactions (i.e., the number of fish landed,
discarded dead, and discarded alive) to the total weight of designated
target species landings (in pounds). For the purposes of this section,
the designated target species are swordfish; yellowfin, bigeye,
albacore, and skipjack tunas; dolphin; wahoo; and porbeagle, shortfin
mako, and thresher sharks. A relatively low bluefin tuna interaction to
designated species ratio (`bluefin tuna ratio') indicates that the
vessel has successfully avoided catching bluefin tuna while fishing
with pelagic longline gear in the performance metric period.
* * * * *
0
9. In Sec. 635.15, revise paragraphs (c)(3)(iv), (k) introductory
text, and (k)(4)(iii) to read as follows:
Sec. 635.15 Individual bluefin tuna quotas.
* * * * *
(c) * * *
(3) * * *
(iv) Temporary prohibition of leasing IBQ allocation. No leasing of
IBQ allocation is permitted between 6 p.m. eastern time on December 31
of one year and 2 p.m. eastern time on January 1 of the next year. This
period is necessary to provide NMFS time to reconcile IBQ accounts, and
update IBQ shares and allocations for the upcoming fishing year.
* * * * *
(k) Initial IBQ shares. During year one of implementation of the
IBQ Program described in this section, NMFS will issue IBQ shares to
eligible Atlantic Tunas Longline category LAP holders, as specified in
paragraph (k)(1) of this section. New entrants to the pelagic longline
fishery would need to obtain an Atlantic Tunas Longline category LAP,
as well as other required LAPs, as described under Sec. 635.4(l), and
would need to lease IBQ allocations per paragraph (c) of this section
if the LAPs acquired did not qualify for an initial IBQ share.
* * * * *
(4) * * *
(iii) Items subject to IAD and appeal. The only items subject to an
IAD or appeal are: Initial IBQ share eligibility based on ownership of
an active vessel with a valid Atlantic Tunas Longline category LAP
combined with the required shark and swordfish LAPs; the accuracy of
NMFS records regarding that vessel's amount of designated species
landings and/or bluefin interactions; and correct assignment of target
species landings and bluefin interactions to the vessel owner/permit
holder. As described under paragraph (k)(1) of this section, the IBQ
share formulas are based upon historical data associated with a
permitted vessel. Because vessels may have changed ownership or permits
may have been transferred during 2006 through 2012, the current owner
of a permitted vessel may also appeal on the basis of historical
changes in vessel ownership or permit transfers. Appeals based on
hardship factors (e.g., illness of vessel owner, divorce, etc.) will
not be considered.
* * * * *
0
10. In Sec. 635.19, revise paragraph (e)(4) to read as follows:
Sec. 635.19 Authorized gears.
* * * * *
(e) * * *
(4) Except for persons aboard a vessel that has been issued a
directed, incidental, or handgear swordfish LAP, a Swordfish General
Commercial permit, an Incidental HMS squid trawl permit, or an HMS
Commercial Caribbean Small Boat permit under Sec. 635.4, no person may
fish for North Atlantic swordfish with, or possess a North Atlantic
swordfish taken by, any gear other than handline or rod and reel.
* * * * *
0
11. In Sec. 635.20, revise paragraph (b) to read as follows:
Sec. 635.20 Size limits.
* * * * *
(b) BFT size classes. If the head of a BFT is no longer attached,
the size class of the BFT shall be determined using pectoral fin curved
fork length (PFCFL) multiplied by a conversion factor of 1.35. The CFL,
as determined by conversion of the PFCFL, will be the sole criterion
for determining the size class of a beheaded BFT. The conversion factor
may be adjusted after consideration of additional scientific
information and fish measurement data, and will be made effective by
filing notification of the adjustment with the Office of the Federal
Register for publication.
* * * * *
0
12. In Sec. 635.21, revise paragraphs (b)(1), (c)(3) and (4),
(c)(5)(ii)(C)(1), (c)(5)(iii)(A), (c)(5)(iii)(B) introductory text,
(c)(5)(iv), (d)(1)(iii)(D), (d)(2)(ii), and (g)(1) through (3) to read
as follows:
Sec. 635.21 Gear operation and deployment restrictions.
* * * * *
(b) * * *
(1) All vessels that have pelagic or bottom longline gear onboard
and that have been issued, or are required to have, a swordfish, shark,
or Atlantic Tunas Longline category LAP for use in the Atlantic Ocean
including the Caribbean Sea and the Gulf of Mexico must possess inside
the wheelhouse the document provided by NMFS entitled
[[Page 33155]]
``Careful Release Protocols for Sea Turtle Release with Minimal
Injury,'' and must also post inside the wheelhouse the sea turtle
handling and release guidelines provided by NMFS.
* * * * *
(c) * * *
(3) A vessel that has been issued, or is required to have been
issued, a LAP under this part may fish with pelagic longline gear in
the Cape Hatteras gear restricted area described in paragraph (c)(2)(v)
of this section, provided the vessel has been determined by NMFS to be
``qualified,'' (for the relevant year) using the performance metrics
described in Sec. 635.14.
(4) In the Gulf of Mexico, pelagic longline gear may not be fished
or deployed from a vessel issued or required to have been issued a LAP
under this part with live bait affixed to the hooks; and, a person
aboard a vessel issued or required to have been issued a LAP under this
part that has pelagic longline gear on board may not possess live
baitfish, maintain live baitfish in any tank or well on board the
vessel, or set up or attach an aeration or water circulation device in
or to any such tank or well. For the purposes of this section, the Gulf
of Mexico includes all waters of the U.S. EEZ west and north of the
boundary stipulated at 50 CFR 600.105(c).
(5) * * *
(ii) * * *
(C) * * *
(1) Non-boated turtles should be brought close to the boat and
provided with time to calm down. Then, it must be determined whether or
not the hook can be removed without causing further injury. A front
flipper or flippers of the turtle must be secured with an approved
turtle control device from the list specified in paragraph
(c)(2)(vii)(D) of this section.
* * * * *
(iii) * * *
(A) Gangion length. The length of any gangion on vessels that have
pelagic longline gear on board and that have been issued, or are
required to have, a swordfish, shark, or Atlantic Tunas Longline
category LAP for use in the Atlantic Ocean including the Caribbean Sea
and the Gulf of Mexico must be at least 10 percent longer than any
floatline length if the total length of any gangion plus the total
length of any floatline is less than 100 meters.
(B) Hook size, type, and bait. Vessels fishing outside of the NED
gear restricted area, as defined at Sec. 635.2, that have pelagic
longline gear on board, and that have been issued, or are required to
have, a swordfish, shark, or Atlantic Tunas Longline category LAP for
use in the Atlantic Ocean, including the Caribbean Sea and the Gulf of
Mexico, are limited, at all times, to possessing on board and/or using
only whole finfish and/or squid bait, and the following types and sizes
of fishing hooks:
* * * * *
(iv) Approval of sea turtle bycatch mitigation gear. NMFS will file
with the Office of the Federal Register for publication an initial list
of required sea turtle bycatch mitigation gear that NMFS has approved
as meeting the minimum design standards specified under paragraph
(c)(5)(i) of this section. Other devices proposed for use, such as line
clippers or cutters or dehookers, as specified under paragraphs
(c)(5)(i)(A) through (C), (G), and (H) through (K) of this section,
must be approved as meeting the minimum design standards before being
used. NMFS will examine new devices, as they become available, to
determine if they meet the minimum design standards, and will file with
the Office of the Federal Register for publication notification of any
new devices that are approved as meeting the standards.
* * * * *
(d) * * *
(1) * * *
(iii) * * *
(D) Charleston Deep Artificial Reef. Bounded by rhumb lines
connecting, in order, the following points: 32[deg]9.65' N lat.,
79[deg]9.2' W long.; 32[deg]7.155' N lat., 79[deg]5.595' W long.;
32[deg]2.36' N lat., 79[deg]9.975' W long.; 32[deg]5.04' N lat.,
79[deg]13.575' W long.
* * * * *
(2) * * *
(ii) Handling and release requirements. Sea turtle bycatch
mitigation gear, as required by paragraph (d)(2)(i) of this section,
must be used to disengage any hooked or entangled sea turtle as stated
in paragraph (c)(5)(ii) of this section. This mitigation gear should
also be employed to disengage any hooked or entangled species of
prohibited sharks as listed under heading D, Prohibited Sharks, of
Table 1 of appendix A to this part, any hooked or entangled species of
sharks that exceed the retention limits as specified in Sec.
635.24(a), and any hooked or entangled smalltooth sawfish. In addition,
if a smalltooth sawfish is caught, the fish should be kept in the water
while maintaining water flow over the gills and the fish should be
examined for research tags. All smalltooth sawfish must be released in
a manner that will ensure maximum probability of survival, but without
removing the fish from the water or any research tags from the fish.
* * * * *
(g) * * *
(1) Persons fishing with gillnet gear must comply with the
provisions implementing the Atlantic Large Whale Take Reduction Plan,
the Bottlenose Dolphin Take Reduction Plan, the Harbor Porpoise Take
Reduction Plan, and any other relevant Take Reduction Plan set forth in
Sec. Sec. 229.32 through 229.35 of this title. If a listed whale is
taken, the vessel operator must cease fishing operations immediately
and contact NMFS as required under part 229 of this title.
(2) While fishing with a drift gillnet, a vessel issued or required
to be issued a Federal Atlantic commercial shark LAP and/or a Federal
commercial smoothhound permit must conduct net checks at least every 2
hours to look for and remove any sea turtles, marine mammals, Atlantic
sturgeon, or smalltooth sawfish, and the drift gillnet must remain
attached to at least one vessel at one end, except during net checks.
Smalltooth sawfish must not be removed from the water while being
removed from the net.
(3) While fishing with a sink gillnet, vessels issued or required
to be issued a Federal Atlantic commercial shark LAP and/or a Federal
commercial smoothhound permit must limit the soak time of the sink
gillnet gear to no more than 24 hours, measured from the time the sink
gillnet first enters the water to the time it is completely removed
from the water. Smalltooth sawfish must not be removed from the water
while being removed from the net.
* * * * *
0
13. In Sec. 635.22, revise paragraphs (c)(1) and (5), (d), and (f)
introductory text to read as follows:
Sec. 635.22 Recreational retention limits.
* * * * *
(c) * * *
(1) The recreational retention limit for sharks applies to any
person who fishes in any manner, except to persons aboard a vessel that
has been issued a Federal Atlantic commercial shark vessel permit under
Sec. 635.4. The retention limit can change depending on the species
being caught and the size limit under which they are being caught as
specified under Sec. 635.20(e). If a commercial Atlantic shark quota
is closed under Sec. 635.28(b), the recreational retention limit for
sharks and no sale provision in paragraph (a) of this section may be
applied to persons aboard a vessel issued a Federal Atlantic commercial
shark vessel permit under Sec. 635.4(e),
[[Page 33156]]
only if that vessel has also been issued an HMS Charter/Headboat permit
with a shark endorsement under Sec. 635.4(b) and is engaged in a for-
hire fishing trip. A person on board a vessel that has been issued or
is required to be issued a permit with a shark endorsement under Sec.
635.4 may be required to use non-offset, corrodible circle hooks as
specified in Sec. 635.21(f) and (k) in order to retain sharks per the
retention limits specified in this section.
* * * * *
(5) Sharks listed in Table 1 of appendix A to this part that are
not listed in this section, must be released by persons aboard a vessel
that has not been issued a Federal Atlantic commercial shark vessel
permit under Sec. 635.4(e).
* * * * *
(d) Yellowfin tuna. Three yellowfin tunas per person per day may be
retained. Regardless of the length of a trip, no more than three
yellowfin tuna per person may be possessed on board a vessel. The
recreational retention limit for yellowfin tuna applies to a person who
fishes in any manner, except to a person aboard a vessel issued an
Atlantic Tunas vessel permit under Sec. 635.4(d). The recreational
retention limit for yellowfin tuna applies to persons, including
captain and crew, aboard a vessel that has been issued an Atlantic HMS
Charter/Headboat permit under Sec. 635.4(b) only when the vessel is
engaged in a for-hire trip.
* * * * *
(f) North Atlantic swordfish. The recreational retention limits for
North Atlantic swordfish apply to persons who fish in any manner,
except to persons aboard a vessel that has been issued an HMS Charter/
Headboat permit with a commercial sale endorsement under Sec. 635.4(b)
and only when on a non for-hire trip; a directed, incidental or
handgear swordfish LAP under Sec. 635.4(e) and (f); a Swordfish
General Commercial permit under Sec. 635.4(f); an Incidental HMS Squid
Trawl permit under Sec. 635.4(n); or an HMS Commercial Caribbean Small
boat permit under Sec. 635.4(o).
* * * * *
0
14. In Sec. 635.23, revise paragraphs (a)(2) and (4) to read as
follows:
Sec. 635.23 Retention limits for bluefin tuna.
* * * * *
(a) * * *
(2) On an RFD, no person aboard a vessel that has been issued an
Atlantic Tunas General category permit may fish for, possess, retain,
land, or sell a BFT of any size class, and catch-and-release or tag-
and-release fishing for BFT under Sec. 635.26(a) is not authorized
from such vessel. On days other than RFDs, and when the General
category is open, large medium or giant BFT may be caught and landed
from such vessels up to the daily retention limit in effect for that
day. NMFS will annually publish a schedule of RFDs in the Federal
Register.
* * * * *
(4) To provide for maximum utilization of the quota for BFT, NMFS
may increase or decrease the daily retention limit of large medium and
giant BFT over a range from zero (on RFDs) to a maximum of five per
vessel. Such increase or decrease will be based on the criteria
provided under Sec. 635.27(a)(8). NMFS will adjust the daily retention
limit specified in paragraph (a)(2) of this section by filing an
adjustment with the Office of the Federal Register for publication. In
no case shall such adjustment be effective less than 3 calendar days
after the date of filing with the Office of the Federal Register,
except that previously designated RFDs may be waived effective upon
closure of the General category fishery so that persons aboard vessels
permitted in the General category may conduct tag-and-release fishing
for BFT under Sec. 635.26(a).
* * * * *
0
15. In Sec. 635.27, revise the paragraphs (b)(1) introductory text,
(c)(1)(i)(A) and (B), and (d)(1) to read as follows:
Sec. 635.27 Quotas.
* * * * *
(b) * * *
(1) Commercial quotas. The commercial quotas for sharks specified
in this section apply to all sharks harvested from the management unit,
regardless of where harvested. Sharks caught and landed commercially
from state waters, even by fishermen without Federal shark permits,
must be counted against the appropriate commercial quota. Any of the
base quotas listed below, including regional and/or sub-regional base
quotas, may be adjusted per paragraph (b)(2) of this section. Any
sharks landed commercially as ``unclassified'' will be counted against
the appropriate quota based on the species composition calculated from
data collected by observers on non-research trips and/or dealer data.
No prohibited sharks, including parts or pieces of prohibited sharks,
which are listed under heading D, Prohibited Sharks, of Table 1 of
appendix A to this part, may be retained except as authorized under
Sec. 635.32. For the purposes of this section, the boundary between
the Gulf of Mexico region and the Atlantic region is defined as a line
beginning on the east coast of Florida at the mainland at 25[deg]20.4'
N. lat., proceeding due east. Any water and land to the south and west
of that boundary is considered, for the purposes of quota monitoring
and setting of quotas, to be within the Gulf of Mexico region. Any
water and land to the north and east of that boundary, for the purposes
of quota monitoring and setting of quotas, is considered to be within
the Atlantic region.
* * * * *
(c) * * *
(1) * * *
(i) * * *
(A) A swordfish from the North Atlantic stock caught prior to the
directed fishery closure by a vessel for which a directed swordfish
LAP, a swordfish handgear LAP, an HMS Commercial Caribbean Small Boat
permit, a Swordfish General Commercial open access permit, or an HMS
Charter/Headboat permit with a commercial sale endorsement (and only
when on a non for-hire trip) has been issued or is required to have
been issued is counted against the directed fishery quota. The total
baseline annual fishery quota, before any adjustments, is 2,937.6 mt dw
for each fishing year. Consistent with applicable ICCAT
recommendations, a portion of the total baseline annual fishery quota
may be used for transfers to another ICCAT contracting party. The
annual directed category quota is calculated by adjusting for over- or
under harvests, dead discards, any applicable transfers, the incidental
category quota, the reserve quota and other adjustments as needed, and
is subdivided into two equal semiannual periods: One for January 1
through June 30, and the other for July 1 through December 31.
(B) A swordfish from the North Atlantic swordfish stock landed by a
vessel for which an incidental swordfish LAP, an incidental HMS Squid
Trawl permit, an HMS Angling permit, or an HMS Charter/Headboat permit
(and only when on a for-hire trip) has been issued, or a swordfish from
the North Atlantic stock caught after the effective date of a closure
of the directed fishery from a vessel for which a swordfish directed
LAP, a swordfish handgear LAP, an HMS Commercial Caribbean Small Boat
permit, a Swordfish General Commercial open access permit, or an HMS
Charter/Headboat permit with a commercial sale endorsement (when on a
non for-hire trip) has been issued, is counted against the incidental
category
[[Page 33157]]
quota. The annual incidental category quota is 300 mt dw for each
fishing year.
* * * * *
(d) * * *
(1) Unless adjusted under paragraph (d)(2) of this section or by an
ICCAT recommendation, the annual landings limit is 250 Atlantic blue
and white marlin, combined. Annual landings of roundscale spearfish are
also included to the blue and white marlin annual landings limit.
Should the U.S. recreational Atlantic marlin landing limit be adjusted
by an ICCAT recommendation, NMFS will file a notice identifying the new
landing limit with the Office of the Federal Register for publication
prior to the start of the next fishing year or as early as possible.
* * * * *
0
16. In Sec. 635.28, revise paragraphs (a)(3) introductory text,
(b)(1)(iv), (b)(7), (c)(3), and (d) to read as follows:
Sec. 635.28 Fishery closures.
* * * * *
(a) * * *
(3) When the Atlantic Tunas Longline category quota is reached,
projected to be reached, or exceeded, or when there is high uncertainty
regarding the estimated or documented levels of bluefin tuna catch,
NMFS will file a closure action with the Office of the Federal Register
for publication. On and after the effective date and time of such
action, for the remainder of the fishing year or for a specified period
as indicated in the closure action, vessels that have been issued or
are required to have a LAP under Sec. 635.4 and that have pelagic
longline gear onboard are prohibited from leaving port, regardless of
the amount of bluefin tuna quota allocation remaining to each vessel or
the amount of fishery quota remaining for other species. In addition to
providing notice in the Federal Register, NMFS will also notify vessels
of any closures and their timing via VMS and may use other electronic
methods, such as email. Vessels would be required to return to port
prior to the closure date/time. When considering whether to close or
reopen the Longline category quota, NMFS may consider the following
factors:
* * * * *
(b) * * *
(1) * * *
(iv) The species is a prohibited species as listed under heading D,
Prohibited Species of Table 1 of appendix A to this part; or
* * * * *
(7) If the Atlantic Tunas Longline category quota is closed as
specified in paragraph (a)(3) of this section, vessels that have
pelagic longline gear on board cannot possess, retain, land, or sell
sharks.
(c) * * *
(3) Bluefin tuna Longline category closure. If the Atlantic Tunas
Longline category quota is closed as specified in paragraph (a)(3) of
this section, vessels that have pelagic longline gear on board cannot
possess or land any North Atlantic swordfish or bluefin tuna.
(d) Northern albacore tuna. When the annual fishery quota specified
in Sec. 635.27(e) is reached, or is projected to be reached, NMFS will
file a closure action with the Office of the Federal Register for
publication. When the fishery for Northern albacore tuna is closed,
Northern albacore tuna may not be retained. If the Atlantic Tunas
Longline category quota is closed as specified in paragraph (a)(3) of
this section, vessels that have pelagic longline gear on board cannot
possess or land any Northern albacore tuna.
0
17. In Sec. 635.31, revise paragraph (d)(2) to read as follows:
Sec. 635.31 Restrictions on sale and purchase.
* * * * *
(d) * * *
(2) Atlantic swordfish dealers may first receive a swordfish
harvested from the Atlantic Ocean only from an owner or operator of a
fishing vessel that has a valid commercial permit for swordfish issued
under this part, and only if the dealer has submitted reports to NMFS
according to reporting requirements of Sec. 635.5(b)(1)(ii). Atlantic
swordfish dealers may first receive a swordfish from a vessel that has
pelagic longline gear onboard only if the Atlantic Tunas Longline
category has not been closed, as specified in Sec. 635.28(a)(3).
0
18. In Sec. 635.34, revise the introductory text of paragraph (c) to
read as follows:
Sec. 635.34 Adjustment of management measures.
* * * * *
(c) NMFS may add species to the prohibited shark species group
specified in heading D, Prohibited Sharks, of Table 1 of appendix A to
this part if, after considering the criteria in paragraphs (c)(1)
through (4) of this section, the species is determined to meet at least
two of the criteria. Alternatively, NMFS may remove species from the
prohibited shark species group and place them in the appropriate shark
species group in Table 1 of appendix A if, after considering the
criteria in paragraphs (c)(1) through (4) of this section, NMFS
determines the species only meets one criterion.
* * * * *
0
19. In Sec. 635.40, revise the introductory text of paragraph (b)(1)
and remove and reserve paragraph (b)(3) to read as follows:
Sec. 635.40 Restrictions to enhance conservation.
* * * * *
(b) * * *
(1) For the purposes of paragraph (a) of this section and section
971d(6)(a) of ATCA, a shipment of fish in any form of the species under
regulation or under investigation by ICCAT offered for entry, directly
or indirectly, from a country named in a finding filed with the Office
of the Federal Register for publication under paragraph (a) of this
section is eligible for entry if the shipment is accompanied by a
completed ATCA COE attached to the invoice certifying that the fish in
the shipment:
* * * * *
0
20. In Sec. 635.71 revise paragraphs (a)(53), (b)(20), (36) through
(38), and (40), and (e)(10) and (11) to read as follows:
Sec. 635.71 Restrictions on sale and purchase.
* * * * *
(a) * * *
(53) Fish for, catch, possess, retain, or land an Atlantic
swordfish using, or captured on, ``buoy gear'' as defined at Sec.
635.2, unless the vessel owner has been issued a swordfish directed
limited access 125 permit or a swordfish handgear LAP in accordance
with Sec. 635.4(f) or a valid HMS Commercial Caribbean Small Boat
permit in accordance with Sec. 635.4(o).
* * * * *
(b) * * *
(20) Approach to within 100 yd (91.5 m) of the cork line of a purse
seine net used by a vessel fishing for Atlantic tuna, or for a purse
seine vessel to approach to within 100 yd (91.5 m) of a vessel actively
fishing for Atlantic tuna, except that two vessels that have Atlantic
Tunas Purse Seine category LAPs may approach closer to each other.
* * * * *
(36) Possess J-hooks onboard a vessel that has pelagic longline
gear onboard, and that has been issued, or is required to have, a
swordfish, shark, or Atlantic Tunas Longline category LAP for use in
the Atlantic Ocean, including the Caribbean Sea and the Gulf of Mexico,
except when green-stick gear is onboard,
[[Page 33158]]
as specified at Sec. 635.21(c)(2)(vii)(A) and (c)(5)(iii)(B)(3).
(37) Use or deploy J-hooks with pelagic longline gear from a vessel
that has been issued, or is required to have, a swordfish, shark, or
Atlantic Tunas Longline category LAP for use in the Atlantic Ocean,
including the Caribbean Sea and Gulf of Mexico, as specified in Sec.
635.21(c)(5)(iii)(B).
(38) As specified in Sec. 635.21(c)(5)(iii)(B)(3), possess more
than 20 J-hooks onboard a vessel that has been issued, or is required
to have, a swordfish, shark, or Atlantic Tunas Longline category LAP
for use in the Atlantic Ocean, including the Caribbean Sea and Gulf of
Mexico, when possessing onboard both pelagic longline gear and green-
stick gear as defined in Sec. 635.2.
* * * * *
(40) Possess, use, or deploy J-hooks smaller than 1.5 inch (38.1
mm), when measured in a straight line over the longest distance from
the eye to any part of the hook, when fishing with or possessing green-
stick gear onboard a vessel that has been issued, or is required to
have, a swordfish, shark, or Atlantic Tunas Longline category LAP for
use in the Atlantic Ocean, including the Caribbean Sea and Gulf of
Mexico, as specified at Sec. 635.21(c)(5)(iii)(B)(3) or
(c)(2)(vii)(A).
* * * * *
(e) * * *
(10) Fish for, catch, possess, retain, or land an Atlantic
swordfish using, or captured on, ``buoy gear'' as defined at Sec.
635.2, unless, as specified in Sec. 635.19(e)(3), the vessel owner has
been issued a swordfish directed LAP or a swordfish handgear LAP in
accordance with Sec. 635.4(f) or a valid HMS Commercial Caribbean
Small Boat permit in accordance with Sec. 635.4(o).
(11) As the owner of a vessel permitted, or required to be
permitted, in the swordfish directed, swordfish handgear LAP category,
or issued a valid HMS Commercial Caribbean Small Boat permit and
utilizing buoy gear, to possess or deploy more than 35 individual
floatation devices, to deploy more than 35 individual buoy gears per
vessel, or to deploy buoy gear without affixed monitoring equipment, as
specified at Sec. 635.21(h).
* * * * *
[FR Doc. 2018-14916 Filed 7-16-18; 8:45 am]
BILLING CODE 3510-22-P
