50 CFR § 635.1-635.71 - Atlantic Highly Migratory Species

497 Fishery Conservation and Management Pt. 635 [82 FR 17400, Apr. 11, 2017, as amended at 84 FR 4737, Feb. 19, 2019] PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES Subpart A—General Sec. 635.1 Purpose and scope. 635.2 Definitions. 635.3 Relation to other laws. 635.4 Permits and fees. 635.5 Recordkeeping and reporting. 635.6 Vessel and gear identification. 635.7 At-sea observer coverage. 635.8 Workshops. 635.9 Electronic monitoring. Subpart B—Individual Vessel Measures 635.14 [Reserved] 635.15 Individual bluefin tuna quotas. 635.16 [Reserved] Subpart C—Management Measures 635.19 Authorized gears. 635.20 Size limits. 635.21 Gear operation and deployment re strictions. 635.22 Recreational retention limits. 635.23 Retention limits for bluefin tuna. 635.24 Commercial retention limits for sharks, swordfish, and BAYS tunas. 635.25 Fishing areas. 635.26 Catch and release. 635.27 Quotas. 635.28 Fishery closures. 635.29 Transfer at sea and transshipment. 635.30 Possession at sea and landing. 635.31 Restrictions on sale and purchase. 635.32 Specifically authorized activities. 635.33 Archival tags. 635.34 Adjustment of management meas ures. Subpart D—Restrictions on Imports 635.40 Restrictions to enhance conservation. 635.41 Products denied entry. Subpart E—International Port Inspection 635.50 Basis and purpose. 635.51 Authorized officer. 635.52 Vessels subject to inspection. 498 50 CFR Ch. VI (10–1–22 Edition) § 635.1 635.53 Prior notification. 635.54 Reports. Subpart F—Enforcement 635.69 Vessel monitoring systems. 635.70 Penalties. 635.71 Prohibitions. APPENDIX A TO PART 635—SPECIES TABLES AUTHORITY: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq. SOURCE: 64 FR 29135, May 28, 1999, unless otherwise noted. Subpart A—General § 635.1 Purpose and scope. (a) The regulations in this part gov ern the conservation and management of Atlantic tunas, Atlantic billfish, At lantic sharks, and Atlantic swordfish under the authority of the Magnuson Stevens Act and ATCA. They imple ment the 2006 Consolidated Highly Mi gratory Species Fishery Management Plan and its amendments. The Atlantic tunas regulations govern conservation and management of Atlantic tunas in the management unit. The Atlantic billfish regulations govern conserva tion and management of Atlantic bill fish in the management unit. The At lantic swordfish regulations govern conservation and management of North and South Atlantic swordfish in the management unit. North Atlantic swordfish are managed under the au thority of both ATCA and the Magnu son-Stevens Act. South Atlantic sword fish are managed under the sole au thority of ATCA. The shark regula tions govern conservation and manage ment of sharks in the management unit, under the authority of the Mag nuson-Stevens Act. (b) Under section 9(d) of ATCA, NMFS has determined that the regula tions contained in this part with re spect to Atlantic tunas are applicable within the territorial sea of the United States adjacent to, and within the boundaries of, the States of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Dela ware, Maryland, Virginia, North Caro lina, South Carolina, Georgia, Florida, Alabama, Louisiana, and Texas, and the Commonwealths of Puerto Rico and the Virgin Islands. NMFS will un dertake a continuing review of State regulations to determine if regulations applicable to Atlantic tunas, swordfish, or billfish are at least as restrictive as regulations contained in this part and if such regulations are effectively en forced. In such case, NMFS will file with the Office of the Federal Register for publication notification of the basis for the determination and of the spe cific regulations that shall or shall not apply in the territorial sea of the iden tified State. [64 FR 29135, May 28, 1999, as amended at 75 FR 30524, June 1, 2010; 86 FR 42744, Aug. 5, 2021] § 635.2 Definitions. In addition to the definitions in the Magnuson-Stevens Act, ATCA, and § 600.10 of this chapter, the terms used in this part have following meanings. If applicable, the terms used in this part supercede those used in § 600.10: Archival tag means a device that is implanted or affixed to a fish to elec tronically record scientific information about the migratory behavior of that fish. ATCA Certificate of Eligibility (COE) means the certificate that must ac company any applicable shipment of fish pursuant to a finding under 16 U.S.C. 971d (c)(4) or (c)(5). 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. Atlantic HMS means Atlantic tunas, billfish, sharks, and swordfish. Atlantic Ocean, as used in this part, includes the North and South Atlantic Oceans, the Gulf of Mexico, and the Caribbean Sea. Atlantic shark identification workshop certificate means the document issued by NMFS, or its designee, indicating that the person named on the certifi cate has successfully completed the At lantic shark identification workshop. Atlantic States, consistent with sec tion 803 of Public law 103–206 (16 U.S.C. 5102), refers to Maine, New Hampshire, Massachusetts, Rhode Island, Con necticut, New York, New Jersey, Penn sylvania, Delaware, Maryland, Vir ginia, North Carolina, South Carolina, 499 Fishery Conservation and Management § 635.2 Georgia, Florida, the District of Co lumbia, and the Potomac River Fish eries Commission, for purposes of ap plying the Shark Conservation Act ex ception at 50 CFR 635.30(c)(5). BAYS means Atlantic bigeye, alba core, yellowfin, and skipjack tunas as defined in § 600.10 of this part. BFT landings quota means the portion of the ICCAT BFT catch quota allo cated to the United States against which landings of BFT are counted. Bottom longline means a longline that is deployed with enough weights and/or anchors to maintain contact with the ocean bottom. For the purposes of this part, a vessel is considered to have bot tom longline gear on board when a power-operated longline hauler, a mainline, weights and/or anchors capa ble of maintaining contact between the mainline and the ocean bottom, and leaders (gangions) with hooks are on board. Removal of any of these ele ments constitutes removal of bottom longline gear. Bottom longline vessels may have a limited number of floats and/or high flyers onboard for the pur poses of marking the location of the gear but removal of these floats does not constitute removal of bottom longline gear. BSD tag means a numbered tag af fixed to a BFT issued by any country in conjunction with a catch statistics information program and recorded on a BSD. Buoy gear means a fishing gear con sisting of one or more floatation de vices supporting a single mainline to which no more than two hooks or gangions are attached. Caudal keel means the horizontal ridges along each side of a fish at the base of the tail fin. CFL (curved fork length) means the length of a fish measured from the tip of the upper jaw to the fork of the tail along the contour of the body in a line that runs along the top of the pectoral fin and the top of the caudal keel. Charter/headboat commercial sale en dorsement means an authorization added to an HMS Charter/Headboat permit that is required for vessels that sell or intend to sell Atlantic tunas, sharks, and swordfish, provided that all other requirements in this part are also met. Charleston Bump closed area means the Atlantic Ocean area seaward of the inner boundary of the U.S. EEZ from a point intersecting the inner boundary of the U.S. EEZ at 34°00′ N. lat. near Wilmington Beach, NC, and proceeding due east to connect by straight lines the following coordinates in the order stated: 34°00′ N. lat., 76°00′ W. long.; 31°00′ N. lat., 76°00′ W. long.; then pro ceeding due west to intersect the inner boundary of the U.S. EEZ at 31°00′ N. lat. near Jekyll Island, GA. Circle hook means a fishing hook originally designed and manufactured so that the point is turned perpendicu larly back to the shank to form a gen erally circular, or oval, shape. Cleithrum to Caudal Keel or CK meas urement 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 por tion of the caudal keel. The cleithrum is the semicircular bony structure at the posterior edge of the gill opening. Convention means the International Convention for the Conservation of At lantic Tunas, signed at Rio de Janeiro, Brazil, on May 14, 1966, 20 U.S.T. 2887, TIAS 6767, including any amendments or protocols thereto, which are binding upon the United States. Conventional tag means a numbered, flexible ribbon that is implanted or af fixed to a fish that is released back into the ocean that allows for the iden tification of that fish in the event it is recaptured. Corrodible Hook means a fishing hook composed of any material other than stainless steel. Dealer tag means the numbered, flexi ble, self-locking ribbon issued by NMFS for the identification of BFT sold to a permitted dealer as required under § 635.5(b)(2)(ii). Dehooking device means a device in tended to remove a hook embedded in a fish in order to release the fish with minimum damage. Designated by NMFS means the ad dress or location indicated in a letter to permit holders or in a letter accom panying reporting forms. DeSoto Canyon closed area means the area within the Gulf of Mexico bounded 500 50 CFR Ch. VI (10–1–22 Edition) § 635.2 by straight lines connecting the fol lowing coordinates in the order stated: 30°00′ N. lat., 88°00′ W. long.; 30°00′ N. lat., 86°00′ W. long.; 28°00′ N. lat., 86°00′ W. long.; 28°00′ N. lat., 84°00′ W. long.; 26°00′ N. lat., 84°00′ W. long.; 26°00′ N. lat., 86°00′ W. long.; 28°00′ N. lat., 86°00′ W. long.; 28°00′ N. lat., 88°00′ W. long.; 30°00′ N. lat., 88°00′ W. long. Display permit means a permit issued in order to catch and land HMS for the purpose of public display pursuant to § 635.32(d). Division Chief means the Chief, High ly Migratory Species Management Di vision, NMFS (F/SF1), 1315 East-West Highway, Silver Spring, MD, 20910; (301) 427–8503. Downrigger means a piece of equip ment attached to a vessel and with a weight on a cable that is in turn at tached to hook-and-line gear to main tain lures or bait at depth while troll ing. The downrigger has a release sys tem to retrieve the weight by rod and reel or by manual, electric, or hydrau lic winch after a fish strike on the hook-and-line gear. Dress, for swordfish, tunas, and bill fish, means to process a fish by re moval of head, viscera, and fins, but does not include removal of the back bone, halving, quartering, or otherwise further reducing the carcass. For sharks, dress means to process a fish by removal of head and viscera, but does not include removal of the fins, backbone, halving, quartering, or oth erwise further reducing the carcass. Dressed weight (dw), for swordfish, tunas, and billfish, means the weight of a fish after it has been dressed. For sharks, dressed weight means the weight of a fish after it has been dressed and had its fins, including the tail, removed. Drift gillnet means a gillnet that is floating unattached to the ocean bot tom and not anchored, secured, or weighted to the ocean bottom. East Florida Coast closed area means the Atlantic Ocean area seaward of the inner boundary of the U.S. EEZ from a point intersecting the inner boundary of the U.S. EEZ at 31°00′ N. lat. near Je kyll Island, GA, and proceeding due east to connect by straight lines the following coordinates in the order stat ed: 31°00′ N. lat., 78°00′ W. long.; 28°17′10″ N. lat., 79°11′24″ W. long.; then pro ceeding along the outer boundary of the EEZ to the intersection of the EEZ with 24°00′ N. lat.; then proceeding due west to 24°00′ N. lat., 81°47′ W. long.; and then proceeding due north to intersect the inner boundary of the U.S. EEZ at 81°47′ W. long. near Key West, FL. Edges 40 Fathom Contour closed area means a parallelogram-shaped area in the Gulf of Mexico bounded by straight lines connecting the following coordi nates in the order stated: 28° 51’ N. lat., 85° 16’ W. long.; 28° 51’ N. lat., 85° 04’ W. long.; 28° 14’ N. lat., 84° 42’ W. long.; 28° 14’ N. lat., 84° 54’ W. long. EFP means an exempted fishing per mit issued pursuant to § 600.745 of this chapter or to § 635.32(c). Eviscerated means a fish that has only the alimentary organs removed. Export, for purposes of this subpart, means to effect exportation. Exportation has the same general meaning as 19 CFR 101.1 and generally refers to a severance of goods from the mass of things belonging to one coun try with the intention of uniting them to the mass of things belonging to some foreign country. For purposes of this subpart, a shipment between the United States and its insular posses sions is not an export. Exporter, for purposes of this subpart, is the principal party in interest, meaning the party that receives the primary benefit, monetary or other wise, of the export transaction. For ex ports from the United States, the ex porter is the U.S. principal party in in terest, as identified in 15 CFR part 30. An exporter is subject to the require ments of this subpart, even if exports are exempt from statistical reporting requirements under 15 CFR part 30. Federal Atlantic Commercial Shark Per mit means any of the commercial shark permits issued pursuant to § 635.4. Finlet means one of the small indi vidual fins on a tuna located behind the second dorsal and anal fins and for ward of the tail fin. First receive means to take possession for commercial purposes of any fish or any part thereof by purchasing, trading or bartering for it from the fishing ves sel owner or operator once it is offloaded, where the vessel has been issued, or should have been issued, a 501 Fishery Conservation and Management § 635.2 valid permit under this part. First re ceive does not mean to take possession solely for transport. First transaction in the United States means the time and place at which a fish is filleted, cut into steaks, or proc essed in any way that physically alters it after being landed in or imported into the United States. Fishing record means all records of navigation and operations of a fishing vessel, as well as all records of catch ing, harvesting, transporting, landing, purchasing, or selling a fish. Fishing vessel means any vessel en gaged in fishing, processing, or trans porting fish loaded on the high seas, or any vessel outfitted for such activities. Fishing year means January 1 through December 31. FL (fork length) means the straight line measurement of a fish from the midpoint of the anterior edge of the fish to the fork of the caudal fin. The measurement is not made along the curve of the body. Floatation device means any posi tively buoyant object rigged to be at tached to a fishing gear. Floatline means a line attached to a buoyant object that is used to support the mainline of a longline at a specific target depth. Florida Swordfish Management Area means the Atlantic Ocean area shore ward of the outer boundary of the U.S. EEZ from a point where latitude 28°17′10″ N. lat. intersects the U.S. mainland near Rockledge, Florida and proceeding due east across the barrier island near Cocoa Beach, Florida to connect by straight lines the following coordinates in the order stated: 28°17′10″ N. lat., 79°11′24″ W. long.; then proceeding along the outer boundary of the EEZ to the intersection of the EEZ with 24°00′ N. lat.; then proceeding due west to 24°00′ N. lat., 82°0′ W. long, then proceeding due north to 25°48′’ N. lat., 82°0′ W. long., then proceeding due east to the shore near Chokoloskee, Flor ida). For-hire trip means a recreational fishing trip taken by a vessel with an Atlantic HMS Charter/Headboat permit during which paying passenger(s) are aboard; or, for uninspected vessels, trips during which there are more than three persons aboard, including oper ator and crew; or, for vessels that have been issued a Certificate of Inspection by the U.S. Coast Guard to carry pas sengers for hire, trips during which there are more persons aboard than the number of crew specified on the ves sel’s Certificate of Inspection. Freeboard is defined as the working distance between the top rail of the gunwale to the water’s surface, and will vary based on the vessel design. Gangion means a line that serves to attach a hook, suspended at a specific target depth, to the mainline of a longline. Giant BFT means an Atlantic BFT measuring 81 inches (206 cm) CFL or greater. Green-stick gear means an actively trolled mainline attached to a vessel and elevated or suspended above the surface of the water with no more than 10 hooks or gangions attached to the mainline. The suspended line, attached gangions and/or hooks, and catch may be retrieved collectively by hand or mechanical means. Green-stick does not constitute a pelagic longline or a bottom longline as defined in this sec tion. 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 list ed in Table 1 of appendix A to this part. Handgear means handline, harpoon, rod and reel, bandit gear, buoy gear, or speargun gear. Handline means fishing gear that is attached to, or in contact with, a ves sel; that consists of a mainline to which no more than two hooks or gangions may be attached; and that is released and retrieved by hand rather than by mechanical means. High-flyer means a flag, radar reflec tor or radio beacon transmitter, suit able for attachment to a longline to fa cilitate its location and retrieval. Highly migratory species (HMS) means bluefin, bigeye, yellowfin, albacore, and skipjack tunas; swordfish; sharks (listed in Table 1 of appendix A to this 502 50 CFR Ch. VI (10–1–22 Edition) § 635.2 part); white marlin; blue marlin; sail fish; longbill spearfish; and roundscale spearfish. Importer, for purposes of this subpart, means the principal party responsible for the import of product into a coun try. For imports into the United States, and for purposes of this sub part, ‘‘importer’’ means the consignee as identified on entry documentation or any authorized, equivalent elec tronic medium required for release of shipments, or any authorized equiva lent entry documentation from the customs authority of the United States or the separate customs territory of a U.S. insular possession. If a consignee is not declared, then the importer of record is considered to be the con signee. In transit means non-stop progression through an area without any fishing activity occurring. LAP means a limited access permit issued pursuant to § 635.4. 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. Large medium BFT means a BFT measuring at least 73 inches (185 cm) and less than 81 inches (206 cm) CFL. Large school BFT means a BFT meas uring at least 47 inches (119 cm) and less than 59 inches (150 cm) CFL. LJFL (lower jaw-fork length) means the straight-line measurement of a fish from the anterior tip of the lower jaw to the fork of the caudal fin. The meas urement is not made along the curve of the body. Longline means fishing gear that is set horizontally, either anchored, float ing, or attached to a vessel, and that consists of a mainline or groundline with three or more leaders (gangions) and hooks, whether retrieved by hand or mechanical means. Madison-Swanson closed area means a rectangular-shaped area in the Gulf of Mexico bounded by straight lines con necting the following coordinates in the order stated: 29°17′ N. lat., 85°50′ W. long.; 29°17′ N. lat., 85°38′ W. long.; 29°06′ N. lat., 85°38′ W. long.; 29°06′ N. lat., 85°50′ W. long.; and 29°17′ N. lat., 85°50′ W. long. Management group in regard to sharks means a group of shark species that are combined for quota management pur poses. A management group may be split by region or sub-region, as defined at § 635.27(b)(1). A fishery for a manage ment group can be opened or closed as a whole or at the regional or sub-re gional levels. Sharks have the fol lowing management groups: Atlantic aggregated LCS, Gulf of Mexico aggre gated LCS, research LCS, hammerhead, Atlantic non-blacknose SCS, Gulf of Mexico non-blacknose SCS, and pelagic sharks other than blue or porbeagle. Management unit means in this part: (1) For Atlantic tunas, longbill spear fish, roundscale spearfish, blue marlin, and white marlin, means all fish of these species in the Atlantic Ocean; (2) For sailfish, means all fish of this species in the Atlantic Ocean west of 30° W. long.; (3) For North Atlantic swordfish, means all fish of this species in the At lantic Ocean north of 5° N. lat.; (4) For South Atlantic swordfish, means all fish of this species in the At lantic Ocean south of 5° N. lat.; and (5) For sharks, means all fish of the species listed in Table 1 of Appendix A to this part, in the western north At lantic Ocean, including the Gulf of Mexico and the Caribbean Sea. Mid-Atlantic shark closed area means the Atlantic Ocean area seaward of the inner boundary of the U.S. EEZ from a point intersecting the inner boundary of the U.S. EEZ at 35°41′ N. lat. just south of Oregon Inlet, North Carolina, and connecting by straight lines the following coordinates in the order stat ed: 35°41′ N. lat., 75°25′ W. long. pro ceeding due east to 35°41′ N. lat., 74°51′ W. long.; then proceeding southeast to 35°30′ N. lat., 74°46′ W. long.; then pro ceeding southwest, roughly following the 55 fathom mark, to 33°51′ N. lat., 76°24′ W. long.; then proceeding due west to intersect the inner boundary of the U.S. EEZ at 33°51′ N. lat., 77°53′ W. long. near Cape Fear, North Carolina. Naturally attached, as it is used to de scribe shark fins, refers to shark fins that remain attached to the shark car cass via at least some portion of uncut skin. As used to describe the head of a swordfish, naturally attached refers to the whole head remaining fully at tached to the carcass except for the bill, which may be removed provided it 503 Fishery Conservation and Management § 635.2 has been removed forward of the ante rior tip of the lower jaw. Net check refers to a visual inspection of a shark gillnet where the vessel op erator transits the length of the gear and inspects it either with a spotlight or by pulling up the gear. Non-blacknose SCS means one of the species, or part thereof, listed in head ing B, Small Coastal Sharks, of Table 1 of appendix A to this part other than the blacknose shark. North Atlantic swordfish or North At lantic swordfish stock means those swordfish occurring in the Atlantic Ocean north of 5° N. lat. Northeast Distant gear restricted area means the Atlantic Ocean area bound ed by straight lines connecting the fol lowing coordinates in the order stated: 35°00′ N. lat., 60°00′ W. long.; 55°00′ N. lat., 60°00′ W. long.; 55°00′ N. lat., 20°00′ W. long.; 35°00′ N. lat., 20°00′ W. long.; 35°00′ N. lat., 60°00′ W. long. Northeastern United States Pelagic Longline Monitoring Area means the area bounded by straight lines con necting the following coordinates in the order stated: 40°00′ N lat., 74°00′ W long.; 40°00′ N lat., 68°00′ W long.; 39°00′ N lat., 68°00′ W long.; and 39°00′ N lat., 74°00′ W long. Offset circle hook means a circle hook originally designed and manufactured so that the barbed end of the hook is displaced relative to the parallel plane of the eyed-end, or shank, of the hook when laid on its side. Operator, with respect to any vessel, means the master or other individual aboard and in charge of that vessel. Pectoral fin means the fin located be hind the gill cover on either side of a fish. Pelagic longline means a longline that is suspended by floats in the water col umn and that is not fixed to or in con tact with the ocean bottom. For the purposes of this part, a vessel is consid ered to have pelagic longline gear on board when a power-operated longline hauler, a mainline, floats capable of supporting the mainline, and leaders (gangions) with hooks are on board. Removal of any of these elements con stitutes removal of pelagic longline gear. Pelagic shark means one of the spe cies, or a part thereof, listed in heading C, Pelagic Sharks, of Table 1 of appen dix A to this part. PFCFL (pectoral fin curved fork length) means the length of a beheaded fish from the dorsal insertion of the pectoral fin to the fork of the tail measured along the contour of the body in a line that runs along the top of the pectoral fin and the top of the caudal keel. Prohibited shark means one of the spe cies, or a part thereof, listed in heading D, Prohibited Sharks, of Table 1 of ap pendix A to this part. Reporting week means the period of time beginning at 0001 local time on Sunday and ending at 2400 hours local time the following Saturday. Research LCS means one of the spe cies, or part thereof, listed in heading A, Large Coastal Sharks, of Table 1 of appendix A to this part, other than sandbar sharks. Restricted-fishing day (RFD) is a day, beginning at 0000 hours and ending at 2400 hours local time, during which a person aboard a vessel issued: (1) An Atlantic Tunas General cat egory permit may not fish for, possess, retain, land, or sell a BFT; and (2) A Charter/Headboat permit with a commercial endorsement may not fish commercially for BFT under the Gen eral category rules, but may fish for, possess, retain, or land BFT under the Angling category restrictions and re tention limits. Round wire stock means round metal wire, typically used in the manufac turing of fishing hooks, that has not been forged, or otherwise modified or treated in any way to increase the original factory tensile strength set by the hook manufacturer. Safe handling, release, and identifica tion workshop certificate means the doc ument issued by NMFS, or its designee, indicating that the person named on the certificate has successfully com pleted the Atlantic HMS safe handling, release, and identification workshop. School BFT means a BFT measuring at least 27 inches (69 cm) and less than 47 inches (119 cm) CFL. Shark means one of the oceanic spe cies, or a part thereof, listed in Table 1 of Appendix A to this part. Shark endorsement means an author ization added to an HMS Angling, HMS 504 50 CFR Ch. VI (10–1–22 Edition) § 635.2 Charter/Headboat, Atlantic Tunas Gen eral, or Swordfish General Commercial permit that allows for the retention of authorized Atlantic sharks consistent with all other applicable regulations in this part. Shark research permit means a permit issued to catch and land a limited num ber of sharks to maintain time series for stock assessments and for other sci entific research purposes. These per mits may be issued only to the owner of a vessel who has been issued either a directed or incidental shark LAP. The permit is specific to the commercial shark vessel and owner combination and is valid only per the terms and conditions listed on the permit. Sink gillnet means a gillnet that is de signed to be or is fished on or near the ocean bottom in the lower third of the water column by means of a weight line or enough weights and/or anchors that the bottom of the gillnet sinks to, on, or near the ocean bottom. 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. Small medium BFT means a BFT measuring at least 59 inches (150 cm) and less than 73 inches (185 cm) CFL. 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. South Atlantic swordfish or south At lantic swordfish stock means those swordfish occurring in the Atlantic Ocean south of 5° N. lat. Speargun fishing gear means a muscle powered speargun equipped with a trig ger mechanism, a spear with a tip de signed to penetrate and retain fish, and terminal gear. Terminal gear may in clude, but is not limited to, trailing lines, reels, and floats. The term ‘‘muscle-powered speargun’’ for the purposes of this part means a speargun that stores potential energy provided from the operator’s muscles, and that releases only the amount of energy that the operator has provided to it from his or her own muscles. Common energy storing methods for muscle powered spearguns include compressing air and springs, and the stretching of rubber bands. Spring Gulf of Mexico Pelagic Longline Monitoring Area means two areas with in the Gulf of Mexico described here. The first area is bounded by straight lines connecting the following coordi nates in the order stated: 26°30′ N lat., 94°40′ W long.; 27°30′ N lat., 94°40′ W long.; 27°30′ N lat., 89° W long.; 26°30′ N lat., 89° W long.; 26°30′ N lat., 94°40′ W long. The second area is bounded by straight lines connecting the following coordinates in the order stated: 27°40′ N lat., 88° W long.; 28° N lat., 88° W long.; 28° N lat., 86° W long.; 27°40′ N lat., 86° W long.; 27°40′ N lat., 88° W long. Steamboat Lumps closed area means a rectangular-shaped area in the Gulf of Mexico bounded by straight lines con necting the following coordinates in the order stated: 28°14′ N. lat., 84°48′ W. long.; 28°14′ N. lat., 84°37′ W. long.; 28°03′ N. lat., 84°37′ W. long.; 28°03′ N. lat., 84°48′ W. long.; and 28°14′ N. lat., 84°48′ W. long. Tournament means any fishing com petition involving Atlantic HMS in which participants must register or otherwise enter or in which a prize or award is offered for catching or landing such fish. Tournament operator means a person or entity responsible for maintaining records of participants and results used for awarding tournament points or prizes, regardless of whether fish are retained. Transiting means progressing through an area without any fishing activity occurring. Trip limit means the total allowable take from a single trip as defined in § 600.10 of this chapter. Tuna or tuna-like means the Scombriformes (with the exception of families Trichiuridae and Gempylidae and the genus Scomber) and such other species of fishes that are regulated by ICCAT in the Atlantic Ocean. Weighout slip means a document pro vided to the owner or operator of the vessel by a person who weighs fish or parts thereof that are landed from a fishing vessel. A document, such as a ‘‘tally sheet,’’ ‘‘trip ticket,’’ or ‘‘sales receipt,’’ that contains such informa tion is considered a weighout slip. 505 Fishery Conservation and Management § 635.4 Young school BFT means an Atlantic BFT measuring less than 27 inches (69 cm) CFL. [64 FR 29135, May 28, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 635.2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 635.3 Relation to other laws. (a) The relation of this part to other laws is set forth in § 600.705 of this chapter and in paragraphs (b) and (c) of this section. (b) In accordance with regulations issued under the Marine Mammal Pro tection Act of 1972, as amended, it is unlawful for a commercial fishing ves sel, a vessel owner, or a master or oper ator of a vessel to engage in fisheries for HMS in the Atlantic Ocean, unless the vessel owner or authorized rep resentative has complied with specified requirements including, but not lim ited to, registration, exemption certifi cates, decals, and reports, as contained in part 229 of this title. (c) General provisions on facilitation of enforcement, penalties, and enforce ment policy applicable to all domestic fisheries are set forth in §§ 600.730, 600.735, and § 600.740 of this chapter, re spectively. (d) An activity that is otherwise pro hibited by this part may be conducted if authorized as scientific research ac tivity, exempted fishing or exempted educational activity, or for public dis play, as specified in § 635.32. [64 FR 29135, May 28, 1999, as amended at 68 FR 74784, Dec. 24, 2003] § 635.4 Permits and fees. Information on permits and permit requirements may be obtained from the Division Chief or where otherwise stat ed in this part. (a) General—(1) Authorized activities. Each permit issued by NMFS author izes certain activities, and persons may not conduct these activities without the appropriate permit, unless other wise authorized by NMFS in accord ance with this part. In certain cases, additional permits may be required to authorize these same or related activi ties under federal, state or local juris dictions. (2) Vessel permit inspection. The owner or operator of a vessel of the United States must have the appropriate valid permit on board the vessel to fish for, take, retain, or possess Atlantic HMS when engaged in recreational fishing and to fish for, take, retain or possess Atlantic tunas, swordfish, or sharks when engaged in commercial fishing. The vessel operator must make such permit available for inspection upon request by NMFS or by a person au thorized by NMFS. The owner of the vessel is responsible for satisfying all of the requirements associated with ob taining, maintaining, and making available for inspection all required vessel permits. (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. Constitu tion. Rather, LAPs represent only a harvesting privilege that may be re voked, suspended, or amended subject to the requirements of the Magnuson Stevens Act or other applicable law. (4) Dealer permit inspection. A dealer permit issued under this section, or a copy thereof, must be available at each of the dealer’s places of business. A dealer must present the permit or a copy for inspection upon the request of a NMFS-authorized officer. (5) Display upon offloading. Upon off loading of Atlantic HMS for sale, the owner or operator of the harvesting vessel must present for inspection the vessel’s HMS Charter/Headboat permit with a commercial sale endorsement; Atlantic tunas, shark, or swordfish per mit; Incidental HMS squid trawl; HMS Commercial Caribbean Small Boat per mit; and/or the shark research permit to the first receiver. The permit(s) must be presented prior to completing any applicable landing report specified at § 635.5(a)(1), (a)(2), and (b)(2)(i). (6) Sanctions and denials. A permit issued under this section may be re voked, suspended, or modified, and a permit application may be denied, in accordance with the procedures gov erning enforcement-related permit 506 50 CFR Ch. VI (10–1–22 Edition) § 635.4 sanctions and denials found at 15 CFR part 904, subpart D. (7) Alteration. A vessel or dealer per mit that is altered, erased, mutilated, or otherwise modified is invalid. (8) Replacement. NMFS may issue a replacement permit upon the request of the permittee. An application for a re placement permit will not be consid ered a new application. An appropriate fee, consistent with paragraph (a)(9) of this section, may be charged for issuance of the replacement permit. (9) Fees. NMFS may charge a fee for each application for a permit or for each transfer or replacement of a per mit. The amount of the fee is cal culated in accordance with the proce dures of the NOAA Finance Handbook, available from NMFS, for determining administrative costs of each special product or service. The fee may not ex ceed such costs and is specified in the instructions provided with each appli cation form. Each applicant must in clude the appropriate fee with each ap plication or request for transfer or re placement. A permit will not be issued to anyone who fails to pay the fee. (10) Permit condition. An owner of a vessel with a valid Atlantic tunas, swordfish, shark, HMS Angling, HMS Charter/Headboat, Incidental HMS squid trawl, or HMS Commercial Carib bean Small Boat permit issued pursu ant to this part must agree, as a condi tion of such permit, that the vessel’s HMS fishing, catch, and gear are sub ject to the requirements of this part during the period of validity of the per mit, without regard to whether such fishing occurs in the U.S. EEZ, or out side the U.S. EEZ, and without regard to where such HMS, or gear, are pos sessed, taken, or landed. However, when a vessel fishes within the waters of a state that has more restrictive regulations pertaining to HMS, persons aboard the vessel must abide by the state’s more restrictive regulations. (b) HMS Charter/Headboat permits. (1) The owner of a charter boat or headboat used to fish for, retain, pos sess, or land any Atlantic HMS must obtain an HMS Charter/Headboat per mit. In order to fish for, retain, pos sess, or land Atlantic sharks, the owner must have a valid shark endorse ment issued by NMFS. A vessel issued an HMS Charter/Headboat permit for a fishing year shall not be issued an HMS Angling permit, a Swordfish General Commercial permit, or an Atlantic Tunas permit in any category for that same fishing year, regardless of a change in the vessel’s ownership. (2) While persons aboard a vessel that has been issued an HMS Charter/ Headboat permit are fishing for or are in possession of Atlantic HMS, the op erator of the vessel must have a valid Merchant Marine License or Uninspected Passenger Vessel License, as applicable, issued by the U.S. Coast Guard pursuant to regulations at 46 CFR part 10. Such Coast Guard license must be carried on board the vessel. (3) The owner of a charter boat or headboat that intends to sell Atlantic tunas or swordfish must obtain a com mercial sale endorsement for the ves sel’s HMS Charter/Headboat permit. The owner of a charter boat or headboat that intends to sell Atlantic sharks must obtain a commercial sale endorsement for the vessel’s HMS Charter/Headboat permit at the time of permit renewal or when the permit is obtained and must also obtain any ap plicable Atlantic commercial shark permits. A vessel owner that has ob tained an HMS Charter/Headboat per mit without a commercial sale en dorsement is prohibited from selling any Atlantic HMS. (c) HMS Angling permits. (1) The owner of any vessel used to fish recreationally for Atlantic HMS or on which Atlantic HMS are retained or possessed recreationally, must obtain an HMS Angling permit, except as pro vided in paragraph (c)(2) of this sec tion. In order to fish for, retain, pos sess, or land Atlantic sharks, the owner must have a valid shark endorse ment issued by NMFS. Atlantic HMS caught, retained, possessed, or landed by persons on board vessels with an HMS Angling permit may not be sold or transferred to any person for a com mercial purpose. A vessel issued an HMS Angling permit for a fishing year shall not be issued an HMS Charter/ Headboat permit, a Swordfish General Commercial permit, or an Atlantic Tunas permit in any category for that same fishing year, regardless of a change in the vessel’s ownership. 507 Fishery Conservation and Management § 635.4 (2) A vessel with a valid Atlantic Tunas General category permit issued under paragraph (d) of this section or with a valid Swordfish General Com mercial permit issued under paragraph (f) of this section may fish in a rec reational 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 reg istered 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 An gling category regulations, except as provided in paragraphs (c)(3) through (5) of this section. (3) A vessel issued an Atlantic Tunas General category permit fishing in a tournament, as authorized under § 635.4(c)(2), shall comply with Atlantic Tunas General category regulations when fishing for, retaining, possessing, or landing Atlantic tunas. (4) A vessel issued a Swordfish Gen eral Commercial permit fishing in a tournament, as authorized under § 635.4(c)(2), shall comply with Sword fish General Commercial permit regu lations when fishing for, retaining, pos sessing, or landing Atlantic swordfish. (5) In order to fish for, retain, pos sess, or land sharks, the owner of a ves sel fishing in a registered recreational HMS fishing tournament and issued ei ther an Atlantic Tunas General cat egory or Swordfish General Commer cial permit must have a shark endorse ment. (d) Atlantic Tunas vessel permits. (1) The owner of each vessel used to fish for or take Atlantic tunas commer cially or on which Atlantic tunas are retained or possessed with the inten tion of sale must obtain an HMS Char ter/Headboat permit with a commercial sale endorsement issued under para graph (b) of this section, an HMS Com mercial Caribbean Small Boat permit issued under paragraph (o) of this sec tion, or an Atlantic tunas permit in one, and only one, of the following cat egories: General, Harpoon, Longline, Purse Seine, or Trap. (2) Persons aboard a vessel with a valid Atlantic Tunas, HMS Angling, HMS Charter/Headboat, or an HMS Commercial Caribbean Small Boat per mit may fish for, take, retain, or pos sess Atlantic tunas, but only in compli ance with the quotas, catch limits, size classes, and gear applicable to the per mit or permit category of the vessel from which he or she is fishing. Per sons may sell Atlantic tunas only if the harvesting vessel has a valid per mit in the General, Harpoon, Longline, Purse Seine, or Trap category of the Atlantic Tunas permit, a valid HMS Charter/Headboat permit with a com mercial sale endorsement, or an HMS Commercial Caribbean Small Boat per mit. (3) A vessel issued an Atlantic Tunas permit in any category for a fishing year shall not be issued an HMS An gling permit, HMS Charter/Headboat permit, or an Atlantic Tunas permit in any other category for that same fish ing year, regardless of a change in the vessel’s ownership. A vessel issued an Atlantic Tunas permit may be issued an HMS Commercial Caribbean Small Boat permit, subject to restrictions set forth at § 635.4(o), within that same fishing year; however, a vessel may not hold any other HMS fishing permit si multaneously with the HMS Commer cial Caribbean Small Boat permit. (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. (5) An owner of a vessel with an At lantic Tunas permit in the Purse Seine category may transfer the permit to another purse seine vessel that he or she owns. In either case, the owner must submit a written request for transfer to NMFS, to an address des ignated by NMFS, and attach an appli cation for the new vessel and the exist ing permit. NMFS will issue no more than 5 Atlantic Tunas Purse Seine cat egory permits. (e) Shark vessel permits. (1) The owner of each vessel used to fish for or take Atlantic sharks or on which Atlantic sharks are retained, possessed with an 508 50 CFR Ch. VI (10–1–22 Edition) § 635.4 intention to sell, or sold must obtain, in addition to any other required per mits, at least one of the Federal Atlan tic commercial shark permits de scribed below or an HMS Commercial Caribbean Small Boat permit. A Fed eral Atlantic commercial shark permit or HMS Commercial Caribbean Small Boat permit is not required if the ves sel is recreationally fishing and retains no more sharks than the recreational retention limit specified in § 635.22(c), is operating pursuant to the conditions of a shark display or EFP issued pursu ant to § 635.32, or fishes exclusively within State waters. It is a rebuttable presumption that the owner or oper ator of a vessel without a permit issued pursuant to this part, on which sharks are possessed in excess of the rec reational retention limits, intends to sell the sharks. (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 ob tain 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 com mercial shark directed or shark inci dental 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 ap pendix A to this part with an intention to sell them must obtain a Federal commercial smoothhound permit. In addition to other permits issued pursu ant 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 di rected or incidental LAP. (f) Swordfish vessel permits. (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 sword fish from the management unit are re tained 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 para graph (b) of this section, or one of the following swordfish permits: A sword fish directed LAP, swordfish incidental LAP, swordfish handgear LAP, or a Swordfish General Commercial permit. These permits cannot be held in com bination with each other on the same vessel, except that an HMS Charter/ Headboat permit with a commercial sale endorsement may be held in com bination with a swordfish handgear LAP on the same vessel. It is a rebut table presumption that the owner or operator of a vessel on which swordfish are possessed in excess of the rec reational retention limits intends to sell the swordfish. (2) The only valid commercial Fed eral 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 sec tion, a swordfish LAP issued consistent with paragraphs (l) and (m) of this sec tion, or permits issued under para graphs (n) and (o) of this section. (3) A commercial Federal permit for swordfish is not required if the vessel is recreational fishing. (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. (5) A Swordfish General Commercial permit may not be held on a vessel in conjunction with an HMS Charter/ Headboat permit issued under para graph (b) of this section, an HMS An gling category permit issued under paragraph (c) of this section, a sword fish LAP issued consistent with para graphs (l) and (m) of this section, an Incidental HMS Squid Trawl permit 509 Fishery Conservation and Management § 635.4 issued under paragraph (n) of this sec tion, or an HMS Commercial Caribbean Small Boat permit issued under para graph (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, re gardless of a change in the vessel’s ownership. (g) Dealer permits—(1) Atlantic tunas. A dealer, as defined under § 600.10 of this chapter, must possess a valid fed eral Atlantic tunas dealer permit to purchase, trade, or barter any Atlantic tunas except as noted under paragraph (o) of this section. (2) Shark. A dealer, as defined in § 600.10 of this chapter, must possess a valid federal Atlantic shark dealer per mit to purchase, trade, or barter any Atlantic shark listed in Table 1 of ap pendix A to this part except as noted under paragraph (o) of this section. (3) Swordfish. A dealer, as defined under § 600.10 of this chapter, must pos sess a valid federal Atlantic swordfish dealer permit to purchase, trade, or barter any Atlantic swordfish except as noted under paragraph (o) of this sec tion. (h) Applications for permits. An owner of a vessel or a dealer must submit to NMFS, at an address designated by NMFS, a complete application and re quired supporting documents at least 30 days before the date on which the permit is to be made effective. Applica tion forms and instructions for their completion are available from NMFS. (1) Atlantic Tunas, HMS Angling, HMS Charter/Headboat, Swordfish General Commercial, Incidental HMS Squid Trawl, and HMS Commercial Caribbean Small Boat vessel permits. (i) An applicant must provide all information con cerning his or her identification, ves sel, gear used, fishing areas, fisheries participated in, the corporation or partnership owning the vessel, and in come requirements requested by NMFS and included on the application form. (ii) An applicant must also submit a copy of the vessel’s valid U.S. Coast Guard documentation or, if not docu mented, a copy of its valid state reg istration and any other information that may be necessary for the issuance or administration of the permit as re quested by NMFS. The owner must submit such information to an address designated by NMFS. (iii) NMFS may require an applicant to provide documentation supporting the application before a permit is issued or to substantiate why such per mit should not be revoked or otherwise sanctioned under paragraph (a)(6) of this section. (iv) An applicant for an incidental HMS squid trawl permit must submit, in addition to all other information specified in paragraph (h)(1) of this sec tion, a copy of a valid Illex squid mora torium permit, as described at § 648.4(a)(5)(ii) of this chapter. (2) LAPs for swordfish and shark. See paragraph (l) of this section for trans fers of LAPs for shark and swordfish. See paragraph (m) of this section for renewals of LAPs for shark and sword fish. (3) Dealer permits. (i) An applicant for a dealer permit must provide all the in formation requested on the application form necessary to identify the com pany, its principal place of business, and mechanisms by which the company can be contacted. (ii) An applicant must also submit a copy of each state wholesaler’s license held by the dealer and, if a business is owned by a corporation or partnership, the corporate or partnership docu ments requested on the application form. (iii) An applicant must also submit any other information that may be necessary for the issuance or adminis tration of the permit, as requested by NMFS. (i) Change in application information. A vessel owner or dealer must report any change in the information con tained in an application for a permit within 30 days after such change. The report must be submitted in a manner and/or to a location designated by NMFS. For certain information changes, a new permit may be issued to incorporate the new information, sub ject to limited access provisions speci fied in paragraph (l)(2) of this section. NMFS may require supporting docu mentation before a new permit will be issued. If a change in the permit infor mation is not reported within 30 days, 510 50 CFR Ch. VI (10–1–22 Edition) § 635.4 the permit is void as of the 31st day after such change. (j) Permit issuance. (1) NMFS will issue a permit within 30 days of receipt of a complete and qualifying applica tion. An application is complete when all requested forms, information, and documentation have been received, in cluding all reports and fishing or catch information required to be submitted under this part. (2) NMFS will notify the applicant of any deficiency in the application, in cluding failure to provide information or reports required to be submitted under this part. If the applicant fails to correct the deficiency within 30 days following the date of notification, the application will be considered aban doned. (3) A vessel owner issued an Atlantic Tunas permit in the General, Harpoon, or Trap category or an Atlantic HMS permit in the Angling or Charter/ Headboat category under paragraph (b), (c), or (d) of this section may change the category of the vessel per mit once within 45 calendar days of the date of issuance of the permit, provided the vessel has not landed bluefin tuna during those 45 calendar days as verified by NMFS via landings data. After 45 calendar days from the date of issuance of the permit, the vessel owner may not change the permit cat egory until the following fishing sea son. (4) In order to obtain a shark en dorsement to fish for, retain, possess, or land sharks, a vessel owner with a vessel fishing in a registered rec reational HMS fishing tournament and issued or required to be issued either an Atlantic Tunas General category or Swordfish General Commercial permit or a vessel owner of a vessel issued or required to be issued an HMS Angling or HMS Charter/Headboat permit must take a shark endorsement online quiz. After completion of the quiz, NMFS will issue the vessel owner a new or re vised permit with the shark endorse ment for the vessel. The vessel owner can take the quiz at any time during the fishing year, but his or her vessel may not leave the dock on a trip dur ing which sharks will be fished for, re tained, possessed, or landed unless a new or revised permit with a shark en dorsement has been issued by NMFS for the vessel. The addition of a shark endorsement to the permit does not constitute a permit category change and does not change the timing consid erations for permit category changes specified in paragraph (j)(3) of this sec tion. Vessel owners may request that NMFS remove the shark endorsement from the permit at any time. If NMFS removes the shark endorsement from the vessel permit, no person on board the vessel may fish for, retain, possess, or land sharks. (k) Duration. A permit issued under this section will be valid for the period specified on it unless it is revoked, sus pended, or modified pursuant to sub part D of 15 CFR part 904, the vessel or dealership is sold, or any other infor mation previously submitted on the ap plication changes, as specified in para graph (i) of this section. (l) Transfer—(1) General. A permit issued under this section is not trans ferable or assignable to another vessel or owner or dealer; it is valid only for the vessel or owner or dealer to whom it is issued. If a person acquires a ves sel or dealership and wants to conduct activities for which a permit is re quired, that person must apply for a permit in accordance with the provi sions of paragraph (h) of this section or, if the acquired vessel is permitted in either the shark, swordfish, or tuna longline fishery, in accordance with paragraph (l)(2) of this section. If the acquired vessel or dealership is cur rently permitted, an application must be accompanied by the original permit, by a copy of a signed bill of sale or equivalent acquisition papers, and the appropriate workshop certificates as specified in § 635.8. (2) Shark, swordfish, and tuna longline LAPs. (i) Subject to the restrictions on upgrading the harvesting capacity of permitted vessels in paragraph (l)(2)(ii) of this section, as applicable, and to the limitations on ownership of per mitted vessels in paragraph (l)(2)(iii) of this section, an owner may transfer a shark or swordfish LAP or an Atlantic Tunas Longline category permit to an other vessel that he or she owns or to another person. Directed handgear LAPs for swordfish may be transferred to another vessel or to another person 511 Fishery Conservation and Management § 635.4 but only for use with handgear and sub ject to the upgrading restrictions in paragraph (l)(2)(ii) of this section and the limitations on ownership of per mitted vessels in paragraph (l)(2)(iii) of this section. Shark directed and inci dental LAPs, swordfish directed and in cidental LAPs, and Atlantic Tunas Longline category permits are not sub ject to the upgrading requirements specified in paragraph (l)(2)(ii) of this section. Shark and swordfish incidental LAPs are not subject to the ownership requirements specified in paragraph (l)(2)(iii) of this section. (ii) An owner may upgrade a vessel with a swordfish handgear LAP, or transfer such permit to another vessel or to another person, and be eligible to retain or renew such permit only if the upgrade or transfer does not result in an increase in horsepower of more than 20 percent or an increase of more than 10 percent in length overall, gross reg istered tonnage, or net tonnage from the vessel baseline specifications. (A) The vessel baseline specifications are the respective specifications (length overall, gross registered ton nage, 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 ex ceed 20 percent of the baseline speci fications of the vessel initially issued the LAP. (C) Subsequent to the issuance of a swordfish handgear LAP, the vessel’s length overall, gross registered ton nage, and net tonnage may be in creased, relative to the baseline speci fications of the vessel initially issued the LAP, through refitting, replace ment, or transfer. An increase in any of these three specifications of vessel size may not exceed 10 percent of the base line specifications of the vessel ini tially issued the LAP. This type of up grade may be done separately from an engine horsepower upgrade. (iii) No person or entity may own or control more than 5 percent of the ves sels 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 trans fer 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 ves sels’ U.S. Coast Guard documentation or state registration must accompany the application. (v) For swordfish, shark, and Atlan tic 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 appli cation: The original LAP(s) with signa tures 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 in volving 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 re quest to NMFS, at an address des ignated by NMFS, to transfer the lim ited access permit(s) LAP(s), subject to the requirements specified in para graphs (l)(2)(ii) and (iii) of this section, if applicable. The following must ac company 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 512 50 CFR Ch. VI (10–1–22 Edition) § 635.4 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 proce dures in paragraph (l)(2)(iv) of this sec tion. (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 pur poses. 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 At lantic tunas fishery with pelagic longline gear. (m) Renewal—(1) General. Persons must apply annually for a dealer per mit for Atlantic tunas, sharks, and swordfish, and for an Atlantic HMS An gling, HMS Charter/Headboat, tunas, shark, swordfish, Incidental HMS squid trawl, or HMS Commercial Caribbean Small Boat vessel permit. Except as specified in the instructions for auto mated renewals, persons must submit a renewal application to NMFS, along with a copy of the applicable valid workshop certificate or certificates, if required pursuant to § 635.8, at an ad dress designated by NMFS, at least 30 days before a permit’s expiration to avoid a lapse of permitted status. NMFS will renew a permit if the spe cific requirements for the requested permit are met, including those de scribed in paragraphs (h)(1)(iv) and (l)(2) of this section; all reports re quired under the Magnuson-Stevens Act and ATCA have been submitted, in cluding those described in §§ 635.5 and 300.185 of this title; the applicant is not subject to a permit sanction or denial under paragraph (a)(6) of this section; and the workshop requirements speci fied in § 635.8 are met. (2) Shark and swordfish permits. A ves sel owner must obtain the applicable LAP(s) issued pursuant to the require ments 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 re tained 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 para graph (f) of this section, an Incidental HMS Squid Trawl permit issued under paragraph (n) of this section, an HMS Commercial Caribbean Small Boat per mit issued under paragraph (o) of this section, or an HMS Charter/Headboat permit with a commercial sale endorse ment issued under paragraph (b) of this section, 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 man agement unit; swordfish from the man agement 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 com mercial 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 pre ceding year are eligible to renew those LAP(s). Transferors may not renew LAP(s) that have been transferred ac cording to the procedures in paragraph (l) of this section. (n) Incidental HMS Squid Trawl per mits. (1) The owner of a vessel in the 513 Fishery Conservation and Management § 635.5 squid trawl fishery, as described at § 635.24(b)(2), on which Atlantic sword fish are retained, or possessed with an intention to sell, or from which Atlan tic swordfish are sold must obtain, in addition to any other required permits, an Incidental HMS squid trawl permit. (2) An Incidental HMS squid trawl permit is valid only when the vessel has on board a valid Illex squid morato rium permit, as described at § 648.4(a)(5)(ii) of this chapter, and no commercial fishing gear other than trawl gear. (o) HMS Commercial Caribbean Small Boat permits. (1) The owner of a vessel who fishes in the U.S. Caribbean, as de fined at § 622.2 of this chapter, possesses handgear or green-stick gear and re tains, with the intention to sell, any BAYS tunas, Atlantic swordfish, or At lantic sharks may obtain an HMS Com mercial Caribbean Small Boat permit. An HMS Commercial Caribbean Small Boat permit is valid only within the U.S. Caribbean, as defined at § 622.2 of this chapter. (2) To be eligible for an HMS Com mercial Caribbean Small Boat permit, vessel owners must provide documenta tion that the vessel is less than or equal to 13.7 m (45 ft) in length overall. (3) A vessel issued an HMS Commer cial Caribbean Small Boat permit may not be issued any other HMS fishing permit, except those issued under § 635.32, as long as the HMS Commercial Caribbean Small Boat permit is valid. (4) The owner of a vessel issued an HMS Commercial Caribbean Small Boat permit may fish for, take, retain, or possess only BAYS tunas, Atlantic swordfish, and Atlantic sharks, subject to the trip limits specified at § 635.24. (5) HMS landed under an HMS Com mercial Caribbean Small Boat permit may be sold by the owner or operator to individuals who do not possess a valid HMS dealer permit otherwise re quired under § 635.4(g). HMS Commer cial Caribbean Small Boat permit hold ers may not sell HMS harvested or landed by another vessel or purchase, barter, or trade for HMS harvested by other vessels with the intent to sell. [64 FR 29135, May 28, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 635.4, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 635.5 Recordkeeping and reporting. Information on HMS vessel and deal er reporting requirements may be ob tained from the Division Chief or where otherwise stated in this part. (a) Vessels—(1) Logbooks. If an owner of an HMS charter/headboat vessel, an Atlantic tunas vessel, a shark vessel, a swordfish vessel, or a vessel in the squid trawl fishery for which a permit has been issued under § 635.4(b), (d), (e), (f), or (n) is selected for logbook report ing in writing by NMFS, he or she must maintain and submit a fishing record on a logbook form specified by NMFS. Entries are required regarding the ves sel’s fishing effort and the number of fish landed and discarded. Entries on a day’s fishing activities must be entered on the logbook form within 48 hours of completing that day’s activities or be fore offloading, whichever is sooner. The owner or operator of the vessel must submit the logbook form(s) post marked within 7 days of offloading all Atlantic HMS. If no fishing occurred during a calendar month, a no-fishing form so stating must be submitted postmarked no later than 7 days after the end of that month. If an owner of an HMS charter/headboat vessel, At lantic tunas vessel, shark vessel, swordfish vessel, or a vessel in the squid trawl fishery permitted under § 635.4(b), (d), (e), (f), or (n) is selected in writing by NMFS to complete the cost-earnings portion of the logbook(s), the owner or operator must maintain and submit the cost-earnings portion of the logbook postmarked no later than 30 days after completing the offloading for each trip fishing for Atlantic HMS during that calendar year, and submit the Atlantic Highly Migratory Species Annual Expenditures form(s) post marked no later than the date specified on the form of the following year. (2) Weighout slips. If an owner of a permitted vessel is required to main tain and submit logbooks under para graph (a)(1) of this section, and Atlan tic HMS harvested on a trip are sold, the owner or operator must obtain and submit copies of weighout slips for those fish. Each weighout slip must show the dealer to whom the fish were 514 50 CFR Ch. VI (10–1–22 Edition) § 635.5 transferred, the date they were trans ferred, and the carcass weight of each fish for which individual weights are normally recorded. For fish that are not individually weighed, a weighout slip must record total weights by spe cies and market category. A weighout slip for sharks prior to or as part of a commercial transaction involving shark carcasses or fins must record the weights of carcasses and any detached fins. The owner or operator must also submit copies of weighout slips with the logbook forms required to be sub mitted under paragraph (a)(1) of this section. (3) Bluefin tuna landed by a commercial vessel and not sold. If a person who catches and lands a large medium or giant bluefin tuna from a vessel issued a permit in any of the commercial cat egories for Atlantic tunas does not sell or otherwise transfer the bluefin tuna to a dealer who has a dealer permit for Atlantic tunas, the person must con tact a NMFS enforcement agent, at a number designated by NMFS, imme diately upon landing such bluefin tuna, provide the information needed for the reports required under paragraph (b)(2)(i) of this section, and, if re quested, make the tuna available so that a NMFS enforcement agent or au thorized officer may inspect the fish and attach a tag to it. Alternatively, such reporting requirement may be ful filled if a dealer who has a dealer per mit for Atlantic tunas affixes a dealer tag as required under paragraph (b)(2)(ii) of this section and reports the bluefin tuna as being landed but not sold on the reports required under paragraph (b)(2)(i) of this section. If a vessel is placed on a trailer, the person must contact a NMFS enforcement agent, or the bluefin tuna must have a dealer tag affixed to it by a permitted Atlantic tunas dealer, immediately upon the vessel being removed from the water. All bluefin tuna landed but not sold will be applied to the quota cat egory according to the permit category of the vessel from which it was landed. (4) Bluefin tuna discarded dead, or landed by a commercial vessel and sold. The owner of a vessel that has been permitted or that is required to be per mitted under § 635.4 in the Atlantic Tunas General or Harpoon categories, or has been permitted or is required to be permitted under § 635.4 under the HMS Charter/Headboat category and fishing under the General category quotas and daily limits as specified at § 635.23(c), must report all dead discards and/or landings of bluefin tuna through the NMFS electronic catch reporting system within 24 hours of the landings or the end of trip. Such reports may be made by either calling a phone number designated by NMFS or by submitting the required information online to a website or application designated by NMFS. The owner of a vessel that has been permitted in a different bluefin tuna category must report as specified elsewhere in this section. (5) Chartering arrangements. (i) For the purposes of this section, a char tering arrangement means any con tract, agreement, or commitment be tween a U.S. vessel owner and a foreign entity (e.g., government, company, per son) by which the control, use, posses sion, or services of a vessel are secured, for a period of time for fishing tar geting Atlantic HMS. Chartering ar rangements under this part do not in clude bareboat charters under which a vessel enters into a fishing agreement with a foreign entity, changes registra tion to fish under another country’s registration then, once the agreed-upon fishing is completed, reverts back to the vessel’s original registration. (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 per mit as specified in § 635.32(e) and (g). If a chartering permit is obtained, the vessel owner must submit catch infor mation 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 other wise 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. (iii) If the chartering arrangement terminates before the expiration of the charter permit, the vessel owner must notify NMFS immediately and in writ ing, upon termination of the chartering 515 Fishery Conservation and Management § 635.5 arrangement. Such notification re quirements shall also apply to situa tions where the chartering arrange ment is temporarily suspended and during intermittent periods where the vessel may be fishing under U.S. quotas for Atlantic HMS. (6) Atlantic Tunas permitted vessels. The owner or operator of an Atlantic Tunas vessel fishing with pelagic longline gear or an Atlantic Tunas Purse Seine category participant is subject to the VMS reporting require ments under § 635.69(e)(4) and the appli cable Individual Bluefin Quota (IBQ) Program and/or leasing requirements under § 635.15(a)(2). (b) Dealers. Persons who have been issued a dealer permit under § 635.4 must submit reports to NMFS, to an address designated by NMFS, and maintain records as follows: (1) Atlantic HMS. (i) Dealers that have been issued or should have been issued a Federal Atlantic BAYS tunas, sword fish, 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 dealers must provide a detailed report of all fish first received to NMFS within the period specified under paragraph (b)(1)(ii) of this sec tion. All reports must be species-spe cific and must include the required in formation about all swordfish and sharks received by the dealer, includ ing the required vessel information, re gardless of where the fish were har vested 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 com bined. Dealers are also required to sub mit ‘‘negative’’ reports, indicating no receipt of any species, within the time frame specified under paragraph (b)(1)(ii) of this section if they did not first receive any fish during the report ing period. As stated in § 635.4(a)(6), failure to comply with these record keeping and reporting requirements may result in existing dealer permit(s) being revoked, suspended, or modified, and in the denial of any permit applica tions. (ii) Reports of any Atlantic BAYS tunas, sharks, and/or swordfish first re ceived by dealers from a vessel must be submitted electronically on a weekly basis through a NMFS-approved elec tronic reporting system by the dealer and received by NMFS no later than midnight, local time, of the first Tues day following the end of the reporting week unless the dealer is otherwise no tified by NMFS. Reports of BAYS tunas, sharks, and/or swordfish may be modified for not more than 30 days from when the dealer report is sub mitted to NMFS. NMFS will require BAYS tunas, swordfish, and shark deal ers to submit dealer reports to NMFS on a weekly basis. Atlantic BAYS tunas, sharks, and swordfish dealers must submit electronic negative re ports stating that no BAYS tunas, sharks, and/or swordfish were first re ceived when they received no fish of these species, and no parts thereof, during the reporting period. Reporting requirements for bluefin tuna are spec ified in paragraph (b)(2) of this section. The negative reporting requirement does not apply for bluefin tuna. (iii) Atlantic HMS dealers are not au thorized to first receive Atlantic swordfish, sharks, and/or BAYS tunas if the required reports have not been submitted and received by NMFS ac cording to reporting requirements under this section. Delinquent reports automatically result in an Atlantic HMS dealer becoming ineligible to first receive Atlantic swordfish, sharks, and/ or BAYS tunas. Atlantic HMS dealers who become ineligible to first receive Atlantic swordfish, sharks, and/or BAYS tunas due to delinquent reports are authorized to first receive Atlantic swordfish, sharks, and/or BAYS tunas only once all required and delinquent reports have been completed, sub mitted by the dealer, and received by NMFS. (2) Requirements for bluefin tuna—(i) Dealer reports—(A) Landing reports. Each dealer with a valid Atlantic Tunas dealer permit issued under § 635.4 516 50 CFR Ch. VI (10–1–22 Edition) § 635.5 must submit the landing reports to NMFS for each bluefin received from a U.S. fishing vessel. Such reports must be submitted electronically via the Internet to a number or a web address designated by NMFS not later than 24 hours after receipt of the bluefin. Landing reports must include the name and permit number of the vessel that landed the bluefin and other informa tion regarding the catch as instructed by NMFS. When purchasing bluefin tuna from eligible IBQ Program par ticipants or Atlantic Tunas Purse Seine category participants, permitted Atlantic Tunas dealers must also enter landing reports into the electronic IBQ System established under § 635.15, not later than 24 hours after receipt of the bluefin. The vessel owner or operator must confirm that the IBQ System landing report information is accurate by entering a unique PIN when the dealer report is submitted. The dealer must inspect the vessel’s permit to verify that it is a commercial category, the required vessel name and permit number as listed on the permit are cor rectly recorded in the landing report, and that the vessel permit has not ex pired. (B) Bi-weekly reports. Each dealer with a valid Atlantic tunas permit under § 635.4 must submit a complete bi-weekly report on forms available from NMFS for BFT received from U.S. vessels. For BFT received from U.S. vessels on the 1st through the 15th of each month, the dealer must submit the bi-weekly report form to NMFS, to be received by NMFS, not later than the 25th of that month. Reports of BFT received on the 16th through the last day of each month must be received by NMFS not later than the 10th of the fol lowing month. (ii) Dealer tags. NMFS will issue num bered dealer tags to each person issued a dealer permit for Atlantic tunas under § 635.4. A dealer tag is not trans ferable and is usable only by the dealer to whom it is issued. Dealer tags may not be reused once affixed to a tuna or recorded on a package, container, or report. (A) Affixing dealer tags. A dealer or a dealer’s agent must affix a dealer tag to each BFT purchased or received from a U.S. vessel immediately upon offloading the BFT. If a vessel is placed on a trailer, the dealer or dealer’s agent must affix the dealer tag to the BFT immediately upon the vessel being removed from the water. The dealer tag must be affixed to the BFT between the fifth dorsal finlet and the caudal keel. (B) Removal of dealer tags. A dealer tag affixed to any BFT under para graph (b)(2)(ii)(A) of this section or a BSD tag affixed to an imported bluefin tuna must remain on the fish until it is cut into portions. If the bluefin tuna or bluefin tuna parts subsequently are packaged for transport for domestic commercial use or for export, the num ber of the dealer tag or the BSD tag must be written legibly and indelibly on the outside of any package con taining the tuna. Such tag number also must be recorded on any document ac companying the shipment of bluefin tuna for commercial use or export. (iii) Dealers must comply with dealer requirements related to the Individual Bluefin Quota Program under § 635.15(a)(4)(iii). (3) Recordkeeping. Dealers must re tain at their place of business a copy of each report required under paragraphs (b)(1)(i), (b)(1)(ii), and (b)(2)(i) of this section for a period of 2 years from the date on which each report was required to be submitted. (c) Anglers. All bluefin tuna, billfish, and North Atlantic swordfish non-tour nament landings must be reported as specified under paragraphs (c)(1) or (c)(2) of this section, unless an alter native recreational catch reporting system has been established as speci fied under paragraph (c)(3) of this sec tion. Tournament landings must be re ported as specified under paragraph (d) of this section. (1) Bluefin tuna. The owner of a vessel permitted, or required to be permitted in the Atlantic HMS Angling or Atlan tic HMS Charter/Headboat category under § 635.4 must report the catch of all bluefin tuna discarded dead and/or retained under the Angling category quota designated at § 635.27(a) through the NMFS electronic catch reporting system within 24 hours of the landing. (2) Non-tournament landings. The owner, or the owner’s designee, of a 517 Fishery Conservation and Management § 635.5 vessel permitted, or required to be per mitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat cat egory must report all non-tournament landings of Atlantic blue marlin, At lantic white marlin, roundscale spear fish, and Atlantic sailfish, and all non tournament and non-commercial land ings of North Atlantic swordfish to NMFS by telephone to a number des ignated by NMFS, or electronically via the internet to an internet website des ignated by NMFS, or by other means as specified by NMFS, within 24 hours of that landing. For telephone landing re ports, the owner, or the owner’s des ignee, 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. Regard less 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 des ignee. (3) Alternative recreational catch re porting. Alternative recreational catch reporting procedures may be estab lished by NMFS with cooperation from states which may include such meth odologies as telephone, dockside or mail surveys, mail in or phone-in re ports, tagging programs, catch cards, or mandatory check-in stations. A cen sus or a statistical sample of persons fishing under the recreational fishing regulations of this part may be used for these alternative reporting programs (after the programs have received Pa perwork Reduction Act approval from OMB). Persons or vessel owners se lected for reporting will be notified by NMFS or by the cooperating state agency of the requirements and proce dures for reporting recreational catch. Each person so notified must comply with those requirements and proce dures. Additionally, NMFS may deter mine that recreational landing report ing systems implemented by the states, if mandatory, at least as restrictive, and effectively enforced, are sufficient for recreational landing monitoring as required under this part. In such case, NMFS will file with the Office of the Federal Register for publication notifi cation indicating that compliance with the state system satisfies the reporting requirements of paragraph (c) of this section. (d) Tournament operators. For all tournaments that are conducted from a port in an Atlantic coastal state, in cluding the U.S. Virgin Islands and Puerto Rico, a tournament operator must register with NMFS at least 4 weeks prior to commencement of the tournament. A tournament is not reg istered unless the tournament operator has received a confirmation number from NMFS. Tournament operators must maintain and submit to NMFS details of the tournament catch and fishing activities, completing all re quired fields, on the NMFS tournament summary report no later than 7 days after the tournament has ended. (e) Inspection. Any person authorized to carry out enforcement activities under the regulations in this part has the authority, without warrant or other process, to inspect, at any rea sonable time, catch on board a vessel or on the premises of a dealer, logbooks, catch reports, statistical records, sales receipts, or other records and reports required by this part to be made, kept, or furnished. An owner or operator of a fishing vessel that has been issued a permit under § 635.4 or § 635.32 must allow NMFS or an author ized person to inspect and copy any re quired reports and the records, in any form, on which the completed reports are based, wherever they exist. An agent of a person issued a permit under this part, or anyone responsible for off loading, storing, packing, or selling regulated HMS for such permittee, shall be subject to the inspection provi sions of this section. (f) Additional data and inspection. Ad ditional data on fishing effort directed at Atlantic HMS or on catch of Atlan tic HMS, regardless of whether re tained, may be collected by contractors and statistical reporting agents, as des ignees of NMFS, and by authorized offi cers. A person issued a permit under § 635.4 is required to provide requested information about fishing activity, and a person, regardless of whether issued a permit under § 635.4, who possesses an Atlantic HMS is required to make such 518 50 CFR Ch. VI (10–1–22 Edition) § 635.6 fish or parts thereof available for in spection by NMFS or its designees upon request. [64 FR 29135, May 28, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 635.5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 635.6 Vessel and gear identification. (a) Vessel number. For the purposes of this section, a vessel’s number is the vessel’s official number issued by ei ther by the U.S. Coast Guard or by the appropriate state agency. (b) Vessel identification. (1) An owner or operator of a vessel for which a per mit has been issued under § 635.4, other than an HMS Angling permit, must dis play the vessel number— (i) On the port and starboard sides of the deckhouse or hull and on an appro priate weather deck, so as to be clearly visible from an enforcement vessel or aircraft. (ii) In block Arabic numerals perma nently affixed to or painted on the ves sel in contrasting color to the back ground. (iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft (19.8 m) in length; at least 10 inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in length; and at least 3 inches (7.6 cm) in height for vessels 25 ft (7.6 m) in length or less. (2) The owner or operator of a vessel for which a permit has been issued under § 635.4 must keep the vessel’s number clearly legible and in good re pair and ensure that no part of the ves sel, its rigging, its fishing gear, or any other material on board obstructs the view of the vessel’s number from an en forcement vessel or aircraft. (c) Gear identification. (1) The owner or operator of a vessel for which a per mit 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 back ground color of the float or high-flyer. (2) An unmarked handline, buoy gear, harpoon, longline, or gillnet, is illegal and may be disposed of in an appro priate manner by NMFS or an author ized officer. [64 FR 29135, May 28, 1999, as amended at 66 FR 42804, Aug. 15, 2001; 67 FR 77437, Dec. 18, 2002; 71 FR 58166, Oct. 2, 2006; 83 FR 33153, July 17, 2018] § 635.7 At-sea observer coverage. (a) Applicability. NMFS may select for at-sea observer coverage any vessel that has an Atlantic HMS, tunas, shark, or swordfish permit issued under § 635.4 or § 635.32. When selected, vessels are required to take observers on a mandatory basis. Vessels permitted in the HMS Charter/Headboat and An gling categories may be requested to take observers on a voluntary basis. (b) Selection of vessels. NMFS will no tify a vessel owner, in writing, by email, by phone, or in person when his or her vessel is selected for observer coverage. Vessels will be selected to provide information on catch, bycatch and other fishery data according to the need for representative samples. (c) Notification of trips. If selected to carry an observer, it is the responsi bility of the vessel owner to arrange for and facilitate observer placement. The owner or operator of a vessel that is selected under paragraph (b) of this section must notify NMFS, at an ad dress or by phone at a number des ignated by NMFS, before commencing any fishing trip that may result in the incidental catch or harvest of Atlantic HMS. Notification procedures and in formation requirements will be speci fied in a selection letter sent by NMFS. (d) Assignment of observers. Once a se lected vessel notifies NMFS or its des ignee, NMFS will assign an observer for that trip based on current informa tion needs relative to the expected catch and bycatch likely to be associ ated with the indicated gear deploy ment, trip duration and fishing area. If an observer is not assigned for a fishing trip, NMFS, or their designated ob server service provider, will issue a 519 Fishery Conservation and Management § 635.8 waiver for that trip to the owner or op erator of the selected vessel, so long as the waiver is consistent with other ap plicable laws. If an observer is assigned for a trip, the operator of the selected vessel must arrange to embark the ob server and shall not fish for or retain any Atlantic HMS unless the NMFS-as signed observer is aboard. (e) Requirements. The owner or oper ator of a vessel on which a NMFS-ap proved observer is embarked, regard less of whether required to carry the observer, must comply with safety reg ulations in § 600.725 and § 600.746 of this chapter and— (1) Provide accommodations and food that are equivalent to those provided to the crew. (2) Allow the observer access to and use of the vessel’s communications equipment and personnel upon request for the transmission and receipt of messages related to the observer’s du ties. (3) Allow the observer access to and use of the vessel’s navigation equip ment and personnel upon request to de termine the vessel’s position. (4) Allow the observer free and unob structed access to the vessel’s bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish. (5) Allow the observer to inspect and copy the vessel’s log, communications logs, and any records associated with the catch and distribution of fish for that trip. (6) Notify the observer in a timely fashion of when fishing operations are to begin and end. (f) Vessel responsibilities. An owner or operator of a vessel required to carry one or more observer(s) must provide reasonable assistance to enable observer(s) to carry out their duties, including, but not limited to: (1) Measuring decks, codends, and holding bins. (2) Providing the observer(s) with a safe work area. (3) Collecting bycatch when re quested by the observer(s). (4) Collecting and carrying baskets of fish when requested by the observer(s). (5) Allowing the observer(s) to collect biological data and samples. (6) Providing adequate space for stor age of biological samples. [80 FR 73144, Nov. 24, 2015] § 635.8 Workshops. (a) Safe handling, release, and identi fication workshops. (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 identifica tion 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 presump tion that a vessel fishes with longline or gillnet gear if: Longline or gillnet gear is onboard the vessel; logbook re ports 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 oc curred less than a year ago, logbook re ports indicate that longline or gillnet gear was used on at least one trip since the permit transfer. (2) NMFS, or its designee, will issue a safe handling, release, and identifica tion workshop certificate to any person who completes a safe handling, release, and identification workshop. If an owner owns multiple vessels, NMFS will issue a certificate for each vessel that the owner owns upon successful completion of one workshop. An owner who is also an operator will be issued multiple certificates, one as the owner of the vessel and one as the operator. (3) The owner of a vessel that fishes with longline or gillnet gear, as speci fied in paragraph (a)(1) of this section, is required to possess on board the ves sel a valid protected species safe han dling, release, and identification work shop certificate issued to that vessel owner. A copy of a valid protected spe cies safe handling, release, and identi fication 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. (4) An operator that fishes with longline or gillnet gear as specified in paragraph (a)(1) of this section must possess on board the vessel a valid safe handling, release, and identification 520 50 CFR Ch. VI (10–1–22 Edition) § 635.8 workshop certificate issued to that op erator, in addition to a certificate issued to the vessel owner. (b) Atlantic shark identification work shops. (1) As of December 31, 2007, all Federal Atlantic shark dealers per mitted or required to be permitted pur suant to § 635.4(g)(2), or a proxy for each place of business as specified in paragraph (b)(4) of this section, must be certified by NMFS, or its designee, as having completed an Atlantic shark identification workshop. (2) NMFS, or its designee, will issue an Atlantic shark identification work shop certificate to any person who completes an Atlantic shark identifica tion workshop. (3) Dealers who own multiple busi nesses and who attend and successfully complete the workshop will be issued a certificate for each place of business that is permitted to receive sharks pur suant to § 635.4(g)(2). (4) Only dealers issued a valid shark dealer permit may send a proxy to the Atlantic shark identification work shops. If a dealer opts to send a proxy, the dealer must designate at least one proxy from each place of business list ed on the dealer permit, issued pursu ant to § 635.4(g)(2), which first receives Atlantic shark. The proxy must be a person who is currently employed by a place of business covered by the deal er’s permit; is a primary participant in the identification, weighing, and/or first receipt of fish as they are re ceived; and fills out dealer reports as required under § 635.5. Only one certifi cate will be issued to each proxy. If a proxy is no longer employed by a place of business covered by the dealer’s per mit, the dealer or another proxy must be certified as having completed a workshop pursuant to this section. At least one individual from each place of business listed on the dealer permit which first receives Atlantic sharks must possess a valid Atlantic shark identification workshop certificate. (5) An Atlantic shark dealer issued or required to be issued a shark dealer permit pursuant to § 635.4(g)(2) must possess and make available for inspec tion a valid dealer or proxy Atlantic shark identification workshop certifi cate issued to the dealer or proxy at each place of business listed on the dealer permit which first receives At lantic sharks. For the purposes of this part, trucks or other conveyances of a dealer’s place of business are consid ered to be extensions of a dealer’s place of business and must possess a copy of a valid dealer or proxy Atlantic shark identification workshop certificate issued to a place of business covered by the dealer permit. A copy of a valid At lantic shark identification workshop certificate must be included in the dealer’s application package to obtain or renew an Atlantic shark dealer per mit. If multiple businesses are author ized to first receive Atlantic sharks under the Atlantic shark dealer’s per mit, a copy of the Atlantic shark iden tification workshop certificate for each place of business listed on the Atlantic shark dealer permit which first re ceives Atlantic sharks must be in cluded in the Atlantic shark dealer per mit renewal application package. (6) Persons holding an expired Atlan tic shark dealer permit and persons who intend to apply for a new Atlantic shark dealer permit will be issued a participant certificate in their name upon successful completion of the At lantic shark identification workshop. A participant certificate issued to such persons may be used only to apply for an Atlantic shark dealer permit. Pur suant to § 635.8(c)(4), an Atlantic shark dealer may not first receive Atlantic shark without a valid dealer or proxy Atlantic shark identification workshop certificate issued to the dealer or proxy. After an Atlantic shark dealer permit is issued to a person using an Atlantic shark identification workshop participant certificate, such person may obtain an Atlantic shark identi fication workshop dealer certificate for each location which first receives At lantic sharks by contacting NMFS at an address designated by NMFS. (c) Terms and conditions. (1) Certifi cates, as described in paragraphs (a) and (b) of this section, are valid for three calendar years. All certificates must be renewed prior to the expira tion date on the certificate. (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), 521 Fishery Conservation and Management § 635.9 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 para graph (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 identifica tion workshop certificate has been issued to both the owner and operator of that vessel. (4) An Atlantic shark dealer may not first receive Atlantic shark without a valid dealer or proxy Atlantic shark identification workshop certificate issued to the dealer or proxy. A valid dealer or proxy Atlantic shark identi fication workshop certificate issued to the dealer or proxy must be maintained on the premises of each place of busi ness listed on the dealer permit which first receives Atlantic sharks. An At lantic shark dealer may not renew a Federal dealer permit issued pursuant to § 635.4(g)(2) unless a copy of a valid dealer or proxy Atlantic shark identi fication workshop certificate issued to the dealer or proxy has been submitted with the permit renewal application. If the dealer is not certified and opts to send a proxy or proxies to a workshop, the dealer must submit a copy of a valid proxy certificate for each place of business listed on the dealer permit which first receives Atlantic sharks. (5) A vessel owner, operator, shark dealer, proxy for a shark dealer, or par ticipant who is issued either a safe handling, release, and identification workshop certificate or an Atlantic shark identification workshop certifi cate may not transfer that certificate to another person. (6) Vessel owners issued a valid safe handling, release, and identification workshop certificate may request, in the application for permit transfer per § 635.4(l)(2), additional safe handling, release, and identification workshop certificates for additional vessels that they own. Shark dealers may request from NMFS additional Atlantic shark identification workshop certificates for additional places of business author ized to receive sharks that they own as long as they, and not a proxy, were issued the certificate. All certificates must be renewed prior to the date of expiration on the certificate. (7) To receive the safe handling, re lease, and identification workshop cer tificate or Atlantic shark identifica tion workshop certificate, persons re quired to attend the workshop must first show a copy of their HMS permit, as well as proof of identification to NMFS or NMFS’ designee at the work shop. If a permit holder is a corpora tion, partnership, association, or any other entity, the individual attending on behalf of the permit holder must show proof that he or she is the permit holder’s agent and provide a copy of the HMS permit to NMFS or NMFS’ designee at the workshop. For proxies attending on behalf of a shark dealer, the proxy must have documentation from the shark dealer acknowledging that the proxy is attending the work shop on behalf of the Atlantic shark dealer and must show a copy of the At lantic shark dealer permit to NMFS or NMFS’ designee at the workshop. [71 FR 58166, Oct. 2, 2006, as amended at 73 FR 38153, July 3, 2008; 74 FR 66586, Dec. 16, 2009; 77 FR 47316, Aug. 8, 2012; 82 FR 16506, Apr. 4, 2017; 83 FR 33153, July 17, 2018] § 635.9 Electronic monitoring. (a) Applicability. An owner or oper ator of a commercial vessel permitted or required to be permitted in the At lantic Tunas Longline category under § 635.4, and that has pelagic longline gear on board, is required to have in stalled, operate, and maintain an elec tronic monitoring (EM) system on the vessel, as specified in this section. Ves sel owner or operators can contact NMFS or a NMFS-approved contractor for more details on procuring an EM system. (b) EM Installation. (1) NMFS or a NMFS-approved contractor will assess individual Atlantic Tunas Longline permitted vessels that are currently el igible for IBQ share, install and test all EM systems; provide training to vessel owners or operators or their designees; and develop in consultation with vessel owners or operators or their designees required operational plans (Vessel Monitoring Plan or VMP) for the EM systems, as described in paragraph (e)(2) of this section. 522 50 CFR Ch. VI (10–1–22 Edition) § 635.9 (2) Vessel owners or operators, as in structed by NMFS, will be required to coordinate with NMFS or a NMFS-ap proved contractor to schedule a date or range of dates for EM installation, and/ or may be required to steam to a des ignated port for EM installation on NMFS-determined dates. NMFS may require vessel owners to make minor modifications to vessel equipment to facilitate installation and operation of the EM system, such as, but not lim ited to, installation of a fitting for the pressure side of the line of the drum hydraulic system, a power supply for the EM system and power switches/con nections, additional lighting, and/or a mounting structure(s) for installation of the camera(s). EM installation must be completed by June 1, 2015 in order to fish with pelagic longline gear after that date. (i) Certificate of Installation. After confirming that an EM system that meets the requirements of this section is properly installed, the system has been tested, and training and a re quired operational plan (VMP) are completed, NMFS or the NMFS-ap proved contractor will provide a Cer tificate of Installation to the vessel owner or operator. (ii) Vessels described under para graph (a) of this section may not de part on a fishing trip without having a valid Certificate of Installation and VMP on board. (c) EM System Components. The EM system installed by the NMFS-ap proved contractor must be comprised of video camera(s), recording equip ment, and other related equipment and must have the following components and capabilities: (1) Video camera(s). (i) Video cameras must be mounted and placed so as to provide clear, unobstructed views of the area(s) where the pelagic longline gear is retrieved and of catch being re moved from hooks prior to being placed in the hold or discarded. There must be lighting sufficient to illu minate clearly individual fish. (ii) Video camera(s) must be in suffi cient numbers (a minimum of two and up to four), with sufficient resolution (no less than 720p (1280 × 720)) for NMFS, the USCG, and their authorized officers and designees, or any indi vidual authorized by NMFS to deter mine the number and species of fish harvested. To obtain the views de scribed in paragraph (c)(1)(i), at least one camera must be mounted to record close-up images of fish being retained on the deck at the haulback station, and at least one camera must be mounted to record activity at the wa terline along the side of the vessel at the haul back station. NMFS or the NMFS-approved contractor will deter mine if more cameras are needed. (iii) The EM system must be capable of initiating video recording at the time gear retrieval starts. It must record all periods of time when the gear is being retrieved and catch is re moved from the hooks until it is placed in the hold or discarded. (2) GPS receiver. A GPS receiver is re quired to produce output, which in cludes location coordinates, velocity, and heading data, and is directly logged continuously by the control box. The GPS receiver must be in stalled and remain in a location where it receives a strong signal continu ously. (3) Hydraulic and drum rotation sen sors. Hydraulic sensors are required to continuously monitor the hydraulic pressure and a drum rotation sensor must continuously monitor drum rota tions. (4) EM control box. The system must include a control box that receives and stores the raw data provided by the sensors and cameras. The control box must contain removable hard drives and storage systems adequate for a trip lasting 30 days. (5) EM systems monitor. A wheelhouse monitor must provide a graphical user interface for harvester to monitor the state and performance of the control box and provide information on the current date and time synchronized via GPS, GPS coordinates, current hydrau lic pressure reading, presence of a data disk, percentage used of the data disk, and video recording status. (6) The EM system must have soft ware that enables the system to be tested for functionality and that records the outcome of the tests. (d) Data maintenance, storage, and viewing. The EM system must have the capacity to allow NMFS, the USCG, 523 Fishery Conservation and Management § 635.9 and their authorized officers and des ignees, or any NMFS-approved con tractor to observe the live video on the EM systems monitor as described in paragraph (c)(5) of this section. Vessel owner or operators must provide access to the system, including the data upon request. (e) Operation. (1) Unless otherwise au thorized by NMFS in writing, a vessel described in paragraph (a) of this sec tion must collect video and sensor data in accordance with the requirements in this section, in order to fish with pe lagic longline gear. (2) Vessel monitoring plan. The vessel owner or operator must have available onboard a written VMP for its system, which is an operational plan developed by the NMFS-approved contractor con taining the standardized procedures re lating to the vessel’s EM system. VMPs may include, but are not limited to, in formation on the locations of EM sys tem components; contact information for technical support; instructions on how to conduct a pre-trip system test; instructions on how to verify proper system functions; location(s) on deck where fish retrieval should occur to re main in view of the cameras; proce dures for how to manage EM system hard drives; catch handling procedures; a size reference for facilitating deter mination of fish size; periodic checks of the monitor during the retrieval of gear to verify proper functioning; re porting procedures. The VMP should minimize to the extent practicable any impact on the current operating proce dures of the vessel, and should help en sure the safety of the crew. (3) Handling of fish and duties of care. The vessel owner or operator must en sure that all fish that are caught, even those that are released, are handled in a manner that enables the video sys tem to record such fish, and must en sure that all handling and retention of bluefin tuna occurs in accordance with relevant regulations and the oper ational procedures outlined in the VMP. The vessel owner or operator is responsible for ensuring the proper continuous functioning of the EM sys tem, including that the EM system must remain powered on for the dura tion of each fishing trip from the time of departure to time of return; cameras must be cleaned routinely; and EM sys tem components must not be tampered with. (4) Completion of trip. Within 48 hours of completing a fishing trip, the vessel owner or operator must mail the re movable EM system hard drive(s) con taining all data to NMFS or NMFS-ap proved contractor, according to in structions provided by NMFS. The ves sel owner or operator is responsible for using shipping materials suitable to protect the hard drives (e.g., bubble wrap), tracking the package, and in cluding 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 de parting on a subsequent trip, the vessel owner or operator must install a re placement EM system hard drive(s) to enable data collection and video re cording. The vessel owner or operator is responsible for contacting NMFS or NMFS-approved contractor if they have requested but not received a re placement hard drive(s) and for inform ing NMFS or NMFS-approved con tractor of any lapse in the hard drive management procedures described in the VMP. (f) Failure to adequately monitor the gear and catch. The vessel owner or op erator must monitor and maintain the EM system in working condition, which includes ensuring the proper continuous functioning of the EM sys tem, cameras provide clear unob structed views, and video picture qual ity is clear. Prior to departing on a trip with pelagic longline gear on board, the vessel owner or operator must test the functionality of the system and contact NMFS or the NMFS-approved contractor if the system is not func tioning properly. In that case, or if NMFS independently determines that an EM system fails to meet the re quirements of this section, the vessel cannot leave port unless and until NMFS provides written authorization. NMFS may grant such authorization after confirming that an EM system is functioning properly or other cir cumstances as determined by NMFS warrant authorization. (g) Repair and replacement. If the ves sel owner or operator becomes aware that the EM system on the vessel is not 524 50 CFR Ch. VI (10–1–22 Edition) § 635.14 functioning properly at sea, the vessel owner or operator must contact NMFS and follow the instructions given. Such instructions may include but are not limited to returning to port until the EM system is repaired. Once in port, an EM system must be functioning prop erly (e.g., repaired, reinstalled, or re placed) consistent with the installation requirements in this section before the vessel can fish with pelagic longline gear. [79 FR 71588, Dec. 2, 2014, as amended at 83 FR 33154, July 17, 2018] Subpart B—Individual Vessel Measures § 635.14 [Reserved] § 635.15 Individual bluefin tuna quotas. (a) General. This section establishes an IBQ Program for eligible Atlantic Tunas Longline permit holders that use pelagic longline gear under this part and addresses Atlantic Tunas Purse Seine category leasing. (1) Overview. Under the IBQ Program, NMFS will assign eligible Atlantic Tunas Longline permit holders initial IBQ shares equivalent to a percentage of the annual Longline category quota. Purse Seine Category quota shares are allocated separately pursuant to § 635.27(a)(4). (2) Electronic IBQ System. IBQ Pro gram participants, Atlantic Tunas Purse Seine category participants, and other permit holders eligible to lease IBQ allocations under paragraph (c) of this section, must have access to the electronic IBQ system and set up an IBQ account on that system as in structed by NMFS. (b) IBQ allocation and usage. An ini tial IBQ quota allocation is the amount of bluefin tuna (whole weight) in met ric tons (mt) that a qualified IBQ share recipient (i.e., a share recipient who has associated their permit with a ves sel) is allotted to account for inci dental catch of bluefin tuna during a specified calendar year. Unless other wise required under paragraph (b)(5) of this section, an Atlantic Tunas Longline permitted vessel’s initial IBQ allocation for a particular year is de rived by multiplying its IBQ share (per centage) by the initial Longline cat egory quota for that year. NMFS may transfer additional quota to the Longline category inseason as author ized under § 635.27(a), and in accordance with § 635.27(a)(8) and (9), and may dis tribute the transferred quota within the Longline category in accordance with paragraph (b)(9) of this section. (1) Annual calculation and notification of IBQ allocations. Annually, as de scribed in detail in paragraph (f) of this section, NMFS will notify IBQ share recipients of their IBQ allocation for the next calendar year. IBQ allocations expire at the end of each calendar year. (2) Regional designations. As described further under paragraph (k)(3) of this section, all IBQ shares and resultant allocations are designated as either ‘‘Gulf of Mexico’’ or ‘‘Atlantic’’ based upon the geographic location of sets as reported to NMFS under the require ments of § 635.5. Regional percentages determine the share and allocation within the two pelagic longline (PLL) share categories: Gulf of Mexico (PLL GOM) and Atlantic (PLL ATL). PLL GOM shares and resultant allocations can be used to fish with pelagic longline gear in either the Gulf of Mex ico or the Atlantic regions. PLL ATL shares and resultant allocations can only be used to fish with pelagic longline gear in the Atlantic region. Purse Seine category annual alloca tions can only be used to fish in the At lantic region, even if leased to a PLL participant. For the purposes of this section, the Gulf of Mexico region in cludes all waters of the U.S. EEZ west and north of the boundary stipulated at 50 CFR 600.105(c) and the Atlantic region includes all other waters of the Atlantic Ocean with the exception re garding fishing taking place in the Northeast Distant (NED) gear re stricted area defined at § 635.2 and is further described in paragraph (b)(8) of this section. (3) Minimum IBQ allocation. For pur poses of this paragraph (b), calendar year quarters start on January 1, April 1, July 1, and October 1. (i) First fishing trip in a calendar year quarter. Before departing on the first fishing trip in a calendar year quarter, a vessel with an eligible Atlantic Tunas Longline category permit that 525 Fishery Conservation and Management § 635.15 fishes with or has pelagic longline gear onboard must have the minimum IBQ allocation for either the Gulf of Mexico or Atlantic, depending on fishing loca tion. The minimum IBQ allocation for a vessel fishing in the Gulf of Mexico, or departing for a fishing trip in the Gulf of Mexico, is 0.25 mt ww (551 lb ww). The minimum IBQ allocation for a vessel fishing in the Atlantic or de parting for a fishing trip in the Atlan tic is 0.125 mt ww (276 lb ww). A vessel owner or operator may not declare into or depart on the first fishing trip in a calendar year quarter with pelagic longline gear onboard unless it has the relevant required minimum IBQ alloca tion for the region in which the fishing activity will occur. (ii) Subsequent fishing trips in a cal endar year quarter. Subsequent to the first fishing trip in a calendar year quarter, a vessel owner or operator may declare into or depart on other fishing trips with pelagic longline gear onboard with less than the relevant minimum IBQ allocation for the region in which the fishing activity will occur, but only within that same cal endar year quarter. (4) Accounting for bluefin tuna caught. (i) With the exception of vessels fishing in the NED, in compliance with the re quirements of paragraph (b)(8) of this section, all bluefin tuna catch (dead discards and landings) must be de ducted from the vessel’s IBQ allocation at the end of each pelagic longline trip. (ii) If the amount of bluefin tuna catch on a particular trip exceeds the amount of the vessel’s IBQ allocation or results in an IBQ balance less than the minimum amount described in paragraph (b)(3) of this section, the vessel may continue to fish, complete the trip, and depart on subsequent trips within the same calendar year quarter. The vessel must resolve any quota debt (see paragraph (b)(5) of this section) be fore declaring into or departing on a fishing trip with pelagic longline gear onboard in a subsequent calendar year quarter by acquiring adequate IBQ al location to resolve the debt and ac quire the needed minimum allocation through leasing, as described in para graph (c) of this section. (iii) IBQ Program participants, At lantic Tunas Purse Seine category par ticipants, and dealers must comply with reporting requirements at § 635.5(b)(2)(i)(A). The vessel owner or operator of a vessel that caught bluefin tuna must enter dead discard informa tion from the trip simultaneously with the dealer entering that trip’s landings information into the electronic IBQ system (pursuant to § 635.5(b)(2)(i)(A)). The vessel owner or operator must also confirm the accuracy of the dealer re ported data at the time of entry in the electronic IBQ System. No IBQ trans actions will be processed between 6 p.m. eastern time on December 31 and 2 p.m. Eastern Time on January 1 of each year to provide NMFS time to reconcile IBQ accounts and update IBQ shares and allocations for the upcom ing fishing year. (5) Exceeding an available allocation. This paragraph (b)(5) applies to a vessel with, or an permit holder of, an Atlan tic Tunas Longline category permit or an Atlantic Tunas Purse Seine cat egory permit unless otherwise speci fied. If the amount of bluefin tuna catch for a particular trip (as defined at § 600.10 of this chapter) exceeds the amount of allocation available to the vessel, the permitted vessel is consid ered to have a ‘‘quota debt’’ equal to the difference between the catch and the allocation. For example, if a vessel has an allocation of 0.40 mt (882 lb), and catches 0.50 mt (1,102 lb) of bluefin tuna on a trip, that vessel would have a quota debt of 0.10 mt (220 lb). (i) Quarter level quota debt. A vessel with quota debt incurred in a given cal endar year quarter cannot depart on a trip with pelagic longline gear onboard in a subsequent calendar year quarter until the vessel leases allocation or re ceives additional allocation (see para graphs (c) and (b)(9) of this section), and applies allocation for the appro priate region to settle the quota debt such that the vessel has the relevant minimum quota allocation required to fish for the region in which the fishing activity will occur (see paragraph (b)(3) of this section). For example, a vessel with quota debt incurred during Janu ary through March may not depart on a trip with pelagic longline gear on board during April through June (or subsequent quarters) until the quota debt has been resolved such that the 526 50 CFR Ch. VI (10–1–22 Edition) § 635.15 vessel has the relevant minimum quota allocation required to fish for the re gion in which the fishing activity will occur. (ii) Annual level quota debt. If, by the end of the fishing year, a permit holder does not have adequate allocation to settle its vessel’s quota debt through leasing or additional allocation (see paragraphs (c) and (b)(9) of this sec tion), the vessel’s allocation will be re duced in the amount equal to the quota debt in the subsequent year or years until the quota debt is fully accounted for. A vessel may not depart on any pe lagic longline trips if it has out standing quota debt from a previous fishing year. (iii) Association with permit. Quota debt is associated with the vessel’s per mit, and remains associated with the permit if/when the permit is trans ferred or sold. At the end of the year, if an owner with multiple permitted ves sels has a quota debt on one or more vessels owned, the IBQ system will apply any remaining unused allocation associated with that owner’s other ves sels to resolve the quota debt. (6) Duration. IBQ allocation issued under this section is valid for the rel evant fishing year unless it is revoked, suspended, or modified or unless the Atlantic Tunas Longline category quota is closed per § 635.28(a). (7) Unused IBQ allocation. Any IBQ al location that is unused at the end of the fishing year may not be carried for ward by a permit-holder to the fol lowing year, but would remain associ ated with the Longline category as a whole, and subject to the quota regula tions under § 635.27, including annual quota adjustments. (8) The IBQ Program and the Northeast Distant Area (NED). The following re strictions apply to vessels fishing with pelagic longline gear in the NED: (i) When NED bluefin quota is avail able. Permitted vessels fishing with pe lagic longline gear may fish in the NED, and any bluefin catch will count toward the ICCAT-allocated separate NED quota until the NED quota has been filled. Permitted vessels fishing in the NED must still fish in accordance with the relevant minimum IBQ alloca tion requirements specified under para graph (b)(3) of this section to depart on a trip using pelagic longline gear. (ii) When NED bluefin quota is filled. Permitted vessels fishing with pelagic longline gear may fish in the NED after the ICCAT-allocated separate NED quota has been filled but the permitted vessels must abide by all the require ments of the IBQ program. Bluefin catch will be accounted for using the vessel’s IBQ allocation, as described under paragraphs (b)(2) and (k)(3) of this section. (9) Distribution of additional Longline category quota transferred inseason. NMFS may distribute the quota that is transferred inseason to the Longline category either to all IBQ share recipi ents as described under paragraph (k)(1) of this section or to permitted Atlantic Tunas Longline vessels that are determined by NMFS to have any recent fishing activity based on par ticipation in the pelagic longline fish ery. In making this determination, NMFS will consider factors for the sub ject and previous year such as the number of BFT landings and dead dis cards, the number of IBQ lease trans actions, the average amount of IBQ leased, the average amount of quota debt, the annual amount of IBQ alloca tion, any previous inseason allocations of IBQ, the amount of BFT quota in the Reserve category (at § 635.27(a)(7)(i)), the percentage of BFT quota harvested by the other quota categories, the re maining number of days in the year, the number of active vessels fishing not associated with IBQ share, and the number of vessels that have incurred quota debt or that have low levels of IBQ allocation. NMFS will determine if a vessel has any recent fishing activity based upon the best available informa tion for the subject and previous year, such as logbook, vessel monitoring sys tem, or electronic monitoring data. Any distribution of quota transferred inseason will be equal among selected recipients; when inseason distribution is only to Atlantic Tunas Longline per mit holders with IBQ shares, it will therefore not be based on the initial IBQ share determination as specified in paragraph (k)(2) of this section. (i) Regional designations described in paragraph (b)(2) of this section will be 527 Fishery Conservation and Management § 635.15 applied to inseason quota distributed to IBQ share recipients. (ii) For permitted Atlantic Tunas Longline vessels with recent fishing ac tivity that are not qualified IBQ share recipients, regional designations of At lantic (ATL) or Gulf of Mexico (GOM) will be applied to the distributed quota based on best available information re garding geographic location of sets as reported to NMFS during the period of fishing activity analyzed above in this paragraph, with the designation based on where the majority of that activity occurred. (c) IBQ Allocation Leasing—(1) Eligi bility. The permit holders of vessels issued valid Atlantic Tunas Longline permits and participants in the Atlan tic Tunas Purse Seine category are eli gible to lease IBQ allocation to and/or from each other. A person who holds an Atlantic Tunas Longline permit that is not associated with a vessel may not lease IBQ allocation. (2) Application to lease—(i) Application information requirements. All IBQ alloca tion leases must occur electronically through the electronic IBQ system, and include all information required by NMFS. (ii) Approval of lease application. Un less NMFS denies an application to lease IBQ allocation according to para graph (c)(2)(iii) of this section, the electronic IBQ system will provide an approval code to the IBQ lessee con firming the transaction. (iii) Denial of lease application. NMFS may deny an application to lease IBQ allocation for any of the following rea sons, including, but not limited to: The application is incomplete; the IBQ les sor or IBQ lessee is not eligible to lease per paragraph (c)(1) of this section; the IBQ lessor or IBQ lessee permits is sanctioned pursuant to an enforcement proceeding; or the IBQ lessor has an in sufficient IBQ allocation available to lease (i.e., the requested amount of lease may not exceed the amount of IBQ allocation associated with the les sor). As the electronic IBQ system is automated, if any of the criteria above are applicable, the lease transaction will not be allowed to proceed. The de cision by NMFS is the final agency de cision; there is no opportunity for an administrative appeal. (3) Conditions and restrictions of leased IBQ allocation—(i) Subleasing. In a fish ing year, an IBQ allocation may be leased numerous times following the process specified in paragraph (c)(2) of this section. (ii) History of leased IBQ allocation use. The fishing history associated with the catch of bluefin tuna will be associ ated with the vessel that caught the bluefin tuna, regardless of how the ves sel acquired the IBQ allocation (e.g., through initial allocation or lease), for the purpose of any relevant restric tions based upon bluefin tuna catch. (iii) Duration of IBQ allocation lease. IBQ allocations expire at the end of each calendar year. Thus, an IBQ lessee may only use the leased IBQ allocation during the fishing year in which the IBQ allocation is applicable. (iv) Temporary prohibition of leasing IBQ allocation. No leasing of IBQ allo cation is permitted between 6 p.m. eastern time on December 31 of one year and 2 p.m. eastern time on Janu ary 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 upcom ing fishing year. (v) Related restrictions. Other regula tions specific to the Atlantic Tunas Purse Seine category are set forth at § 635.27(a)(4)(v). (d) Sale of IBQ shares. Sale of IBQ shares currently not permitted. (e) Changes in vessel and permit owner ship. In accordance with the regula tions specified under § 635.4(l), a vessel owner that has an IBQ share may transfer the Atlantic Tunas Longline category permit to another vessel that he or she owns or transfer the permit to another person. The IBQ share as de scribed under this section would trans fer with the permit to the new vessel, and remain associated with that per mit. Within a fishing year, when an At lantic Tunas Longline permit transfer occurs (from one vessel to another), the associated IBQ shares are transferred with the permit, however IBQ alloca tion is not, unless the IBQ allocation is also transferred through a separate transaction within the electronic IBQ system. As described under paragraphs (c)(1) and (k)(1) of this section, a person or entity that holds an Atlantic Tunas 528 50 CFR Ch. VI (10–1–22 Edition) § 635.15 Longline permit that is not associated with a vessel may not receive or lease IBQ allocation. (f) Annual notification of shares and al locations. On January 1 of each year, NMFS will notify eligible IBQ Partici pants, as specified in paragraph (k)(1) of this section, of their IBQ share and the resulting IBQ allocation (mt) for the relevant fishing year, as well as the regional designations based on the available Atlantic Tunas Longline cat egory quota, and any existing quota debt. NMFS will provide this informa tion through the electronic IBQ system and via annual permit holder letters. Unless specified otherwise, those IBQ shares and resultant allocations will be available for use at the start of each fishing year. Permit holders (of eligible Atlantic Tunas Longline category per mits) that have not completed the process of permit renewal or permit transfer as of December 31 will be issued IBQ allocation upon completion of the permit renewal or permit trans fer, provided the eligible permit is as sociated with a vessel. (g) Evaluation. NMFS will contin ually monitor the IBQ Program with respect to the objectives listed in the FEIS and make any changes through future rulemakings as deemed nec essary to meet those objectives. Three years after full implementation, NMFS will publish a written report describing any findings. (h) Property rights. IBQ shares and re sultant allocations issued pursuant to this part may be revoked, limited, modified or suspended at any time sub ject to the requirements of the Magnu son-Stevens Act, ATCA, or other appli cable law. Such IBQ shares and result ant allocations do not confer any right to compensation and do not create any right, title, or interest in any bluefin tuna until it is landed or discarded dead. (i) Enforcement and monitoring. NMFS will enforce and monitor the IBQ Pro gram through the use of the reporting and record keeping requirements de scribed under § 635.5, the monitoring re quirements under §§ 635.9 and 635.69, and its authority to close the pelagic longline fishery specified under § 635.28. (j) Cost recovery. In a future action, NMFS will develop and implement cost recovery for the IBQ program that will cover costs of management, data col lection and analysis, and enforcement activities. Fees shall be collected from quota share and/or allocation holders for the IBQ program pursuant to Mag nuson-Stevens Act sections 303A(e) and 304(d)(2). Such fees shall not exceed 3 percent of the ex-vessel value of fish harvested under the program. (k) Initial IBQ shares. During year one of implementation of the IBQ Pro gram described in this section, NMFS will issue IBQ shares to eligible Atlan tic Tunas Longline category LAP hold ers, as specified in paragraph (k)(1) of this section. New entrants to the pe lagic longline fishery would need to ob tain an Atlantic Tunas Longline cat egory 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. (1) Eligible IBQ share Recipients. (i) Atlantic Tunas Longline category per mit holders whose valid permit was as sociated with a vessel as of August 21, 2013, and that was determined to be ‘‘active’’ would be eligible to receive an initial IBQ share. ‘‘Active’’ vessels are those vessels that have used pelagic longline gear on at least one set be tween 2006 and 2012 as reported to NMFS on logbooks, per the require ments of § 635.5. In determining a per mitted vessel’s initial IBQ share eligi bility and calculating the initial IBQ share, NMFS used the data associated with the qualifying vessel’s history (and not the permit). Therefore, for the purposes of this section, the vessel owner at the time of reporting is not relevant. If the logbook reports indi cate that a particular vessel used pe lagic longline gear for at least one set between 2006 and 2012, and the vessel was issued a valid Atlantic Tunas Longline category permit as of August 21, 2013, the current permit holder is qualified to receive an initial IBQ share. (ii) Except as described in paragraph (k)(4) of this section regarding appeals, if the logbook reports indicate that a particular vessel did not use pelagic longline gear for at least one set be tween 2006 and 2012, and/or the vessel 529 Fishery Conservation and Management § 635.15 was not issued a valid Atlantic Tunas Longline category permit on August 21, 2013, the current permit holder is not eligible to receive an initial IBQ share even if the current permit holder fished with pelagic longline gear on a dif ferent vessel between 2006 and 2012. Persons that held an Atlantic Tunas Longline category permit that was not associated with a vessel as of August 21, 2013 are not eligible for an initial IBQ share. Atlantic Tunas Longline category permits holders that are ineli gible to receive an initial IBQ share would need to lease IBQ allocation per paragraph (c) of this section, as well as meet all other applicable requirements, before the vessel could fish with or pos sess pelagic longline gear onboard. (2) IBQ share determination (i) Initial IBQ shares. NMFS has reviewed each permitted vessel’s reported bluefin tuna interactions (all discards and landings) and landings of designated species (swordfish, yellowfin, bigeye, albacore, and skipjack tunas; dolphin; wahoo; and porbeagle, shortfin mako and thresher sharks) and placed each permitted vessel into one of three tiers: Low, medium and high based on the ratio of bluefin tuna interactions. The IBQ share will be assigned based on the three tiers. (ii) Appeals to initial IBQ shares. When NMFS determines that all ap peals pursuant to paragraph (k)(4) of this section have been resolved, NMFS may adjust the initial IBQ share per centages described under paragraph (k)(2)(i) as necessary to accommodate those appellants that have been deemed eligible for an initial IBQ share or are provided an increased IBQ share. (3) Regional designations. All initial IBQ shares and resultant allocations are designated as either ‘‘Gulf of Mex ico’’ or ‘‘Atlantic’’ based upon the geo graphic location of sets as reported to NMFS under the requirements of § 635.5. Eligible permit holders may use Gulf of Mexico IBQ shares and result ant allocations to fish in either the Gulf of Mexico or the Atlantic regions. Eligible permit holders may use Atlan tic IBQ shares and resultant alloca tions only to fish in the Atlantic re gion. If a permitted vessel had fishing history in both the Gulf of Mexico and Atlantic, it may receive both the Gulf of Mexico and Atlantic IBQ shares, de pending upon the amount of IBQ share and the proportion of fishing history in the two areas. Based on the procedures described under paragraphs (k)(1) and (2) of this section, if a permit holder would be issued a regional IBQ share that results in a regional allocation less than a minimum amount for a par ticular area (i.e., less than 0.125 mt for the Atlantic or less than 0.25 mt for the Gulf of Mexico), the de minimis re gional IBQ share and resultant alloca tion would be designated to the other regional designation. (4) Appeals of initial IBQ share. Atlan tic Tunas Longline Permit holders may appeal their initial IBQ shares through the two-step process described below. NMFS will provide further explanation on how to submit an appeal when it in forms permit holders of their initial IBQ shares. (i) Initial administrative determination (IAD). The HMS Management Division will evaluate requests from Atlantic Tunas Longline Permit holders regard ing their initial IBQ shares. Any re quest must be postmarked no later than March 2, 2015, be in writing, and indicate the reason for the request, and contain documentation supporting the request (see paragraphs (k)(4)(iii) and (iv) of this section). The HMS Manage ment Division will evaluate the request and supporting documentation, and no tify the appellant by a written IAD re garding a decision to approve or deny the request. The IAD will explain the basis for any denial decision. (ii) Appeal of IAD. Within 90 days after the date of issuance of the IAD, the permit holder may appeal the IAD to the NMFS National Appeals Office, pursuant to procedures at 15 CFR part 906. (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 re quired shark and swordfish LAPs; the accuracy of NMFS records regarding that vessel’s amount of designated spe cies landings and/or bluefin inter actions; and correct assignment of tar get species landings and bluefin inter actions to the vessel owner/permit 530 50 CFR Ch. VI (10–1–22 Edition) § 635.16 holder. As described under paragraph (k)(1) of this section, the IBQ share for mulas are based upon historical data associated with a permitted vessel. Be cause vessels may have changed owner ship or permits may have been trans ferred during 2006 through 2012, the cur rent 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, di vorce, etc.) will not be considered. (iv) Supporting documentation for IAD or appeal. NMFS will consider official NMFS logbook records or weighout slips for landings between January 1, 2006, through December 31, 2012, that were submitted to NMFS prior to March 2, 2013 (60 days after the cutoff date for eligible landings) and verifiable sales slips, receipts from reg istered dealers, state landings records, and permit records as supporting docu mentation for a request or appeal under paragraph (k)(4) of this section. NMFS will count only those designated species landings that were landed le gally when the owner had a valid per mit. No other proof of catch history or species interactions will be considered, except for NMFS logbook records, ob server data, or other NMFS data. NMFS permit records will be the sole basis for determining permit transfers. Copies of documents may be submitted, provided they are of equal legibility and quality as the originals, and such copies shall have the same force and ef fect as if they were originals. NMFS may request the originals at a later date. NMFS may refer any submitted materials that are of questionable au thenticity to the NMFS Office of En forcement for investigation. [79 FR 71591, Dec. 2, 2014, as amended at 81 FR 95909, Dec. 29, 2016; 82 FR 61497, Dec. 28, 2017; 83 FR 33154, July 17, 2018; 85 FR 18841, Apr. 2, 2020] § 635.16 [Reserved] Subpart C—Management Measures § 635.19 Authorized gears. (a) General. No person may fish for, catch, possess, or retain any Atlantic HMS with gears other than the pri mary gears specifically authorized in this part. Consistent with § 635.21(a), secondary gears may be used at boat side to aid and assist in subduing, or bringing on board a vessel, Atlantic HMS that have first been caught or captured using primary gears. For pur poses of this part, secondary gears in clude, but are not limited to, dart har poons, gaffs, flying gaffs, tail ropes, etc. Secondary gears may not be used to capture, or attempt to capture, free swimming or undersized HMS. Except for vessels permitted under § 635.4(o) or as specified in this section, a vessel using or having onboard in the Atlan tic Ocean any unauthorized gear may not possess an Atlantic HMS on board. (b) Atlantic tunas. A person that fishes for, retains, or possesses an At lantic bluefin tuna may not have on board a vessel or use on board a vessel any primary gear other than those au thorized for the category for which the Atlantic tunas or HMS permit has been issued for such vessel. Primary gears are the gears specifically authorized in this section. When fishing for Atlantic tunas other than bluefin tuna, primary gear authorized for any Atlantic Tunas permit category may be used, except that purse seine gear may be used only on board vessels permitted in the Purse Seine category and pelagic longline gear may be used only on board vessels issued an Atlantic Tunas Longline cat egory tuna permit, a LAP other than handgear for swordfish, and a LAP for sharks. A person issued an HMS Com mercial Caribbean Small Boat permit who fishes for, retains, or possesses BAYS tunas in the U.S. Caribbean, as defined at § 622.2 of this chapter, may have on board and use handline, har poon, rod and reel, bandit gear, green stick gear, and buoy gear. (1) Angling. Speargun (for BAYS tunas only), and rod and reel (including downriggers) and handline (for all tunas). (2) Charter/headboat. Rod and reel (in cluding downriggers), bandit gear, handline, and green-stick gear are au thorized for all recreational and com mercial Atlantic tuna fisheries. Speargun is authorized for recreational Atlantic BAYS tuna fisheries only. 531 Fishery Conservation and Management § 635.19 (3) General. Rod and reel (including downriggers), handline, harpoon, ban dit gear, and green-stick. (4) Harpoon. Harpoon. (5) Longline. Longline and green stick. (6) Purse seine. Purse seine. (7) Trap. Pound net and fish weir. (c) Billfish. (1) Only persons who have been issued a valid HMS Angling or valid Charter/Headboat permit, or who have been issued a valid Atlantic Tunas General category or Swordfish General Commercial permit and are participating in a tournament as pro vided in § 635.4(c), may possess a blue marlin, white marlin, or roundscale spearfish in, or take a blue marlin, white marlin, or roundscale spearfish from, its management unit. Blue mar lin, white marlin, or roundscale spear fish may only be harvested by rod and reel. (2) Only persons who have been issued a valid HMS Angling or valid Charter/ Headboat permit, or who have been issued a valid Atlantic Tunas General category or Swordfish General Com mercial permit and are participating in a tournament as provided in § 635.4(c), may possess or take a sailfish shore ward of the outer boundary of the At lantic EEZ. Sailfish may only be har vested by rod and reel. (d) Sharks. (1) No person may possess a shark without a permit issued under § 635.4. (2) No person issued a Federal Atlan tic commercial shark permit under § 635.4 may possess a shark taken by any gear other than rod and reel, handline, bandit gear, longline, or gillnet, except that smoothhound sharks may be retained incidentally while fishing with trawl gear subject to the restrictions specified in § 635.24(a)(7). (3) No person issued an HMS Com mercial Caribbean Small Boat permit may possess a shark taken from the U.S. Caribbean, as defined at § 622.2 of this chapter, by any gear other than with rod and reel, handline or bandit gear. (4) Persons on a vessel issued a per mit with a shark endorsement under § 635.4 may possess a shark only if the shark was taken by rod and reel or handline, except that persons on a ves sel issued both an HMS Charter/ Headboat permit with a commercial sale endorsement (with or without a shark endorsement) and a Federal At lantic commercial shark permit may possess sharks taken by rod and reel, handline, bandit gear, longline, or gillnet if the vessel is engaged in a non for-hire fishing trip and the commer cial shark fishery is open pursuant to § 635.28(b). (e) Swordfish. (1) No person may pos sess North Atlantic swordfish taken from its management unit by any gear other than handgear, green-stick, or longline, except that such swordfish taken incidentally while fishing with a squid trawl may be retained by a vessel issued a valid Incidental HMS squid trawl permit, subject to restrictions specified in § 635.24(b)(2). No person may possess South Atlantic swordfish taken from its management unit by any gear other than longline. (2) An Atlantic swordfish may not be retained or possessed on board a vessel with a gillnet. A swordfish will be deemed to have been harvested by gillnet when it is onboard, or offloaded from, a vessel fishing with or having on board a gillnet. (3) A person aboard a vessel issued or required to be issued a valid directed handgear LAP for Atlantic swordfish or an HMS Commercial Caribbean Small Boat permit may not fish for swordfish with any gear other than handgear. A swordfish will be deemed to have been harvested by longline when the fish is on board or offloaded from a vessel fishing with or having on board longline gear. Only vessels that have been issued a valid directed or handgear swordfish LAP or an HMS Commercial Caribbean Small Boat per mit under this part may utilize or pos sess buoy gear. (4) Except for persons aboard a vessel that has been issued a directed, inci dental, 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 per son may fish for North Atlantic sword fish with, or possess a North Atlantic swordfish taken by, any gear other than handline or rod and reel. 532 50 CFR Ch. VI (10–1–22 Edition) § 635.20 (5) A person aboard a vessel issued or required to be issued a valid Swordfish General Commercial permit may only possess North Atlantic swordfish taken from its management unit by rod and reel, handline, bandit gear, green-stick, or harpoon gear. [79 FR 71594, Dec. 2, 2014, as amended at 80 FR 73144, Nov. 24, 2015; 82 FR 16506, Apr. 4, 2017; 82 FR 57549, Dec. 6, 2017; 83 FR 33154, July 17, 2018; 87 FR 11324, Mar. 1, 2022] § 635.20 Size limits. (a) General. The CFL will be the sole criterion for determining the size and/ or size class of whole (head on) Atlan tic tunas. (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 con version factor may be adjusted after consideration of additional scientific information and fish measurement data, and will be made effective by fil ing notification of the adjustment with the Office of the Federal Register for publication. (c) BFT, bigeye tuna, and yellowfin tuna. (1) No person shall take, retain, or possess a BFT, bigeye tuna, or yel lowfin tuna in the Atlantic Ocean that is less than 27 inches (69 cm) CFL; (2) Applying the conversion factor from PFCFL to CFL for a beheaded BFT in § 635.20(b) means that no person shall retain or possess a BFT, with the head removed, that is less than 20 inches (51 cm) PFCFL. (3) No person aboard a vessel shall re move the head of a bigeye tuna or yel lowfin tuna if the remaining portion would be less than 27 inches (69 cm) from the fork of the tail to the forward edge of the cut. A bigeye or yellowfin tuna that is damaged through preda tion by sharks or other marine species may be retained, possessed, or landed only if the length of the remainder of the fish is equal to or greater than 27 inches (69 cm). No person shall cut or otherwise alter the predation-damaged area in any manner. (d) Billfish. (1) No person shall take, retain or possess a blue marlin taken from its management unit that is less than 99 inches (251 cm), LJFL. (2) No person shall take, retain or possess a white marlin taken from its management unit that is less than 66 inches (168 cm), LJFL. (3) No person shall take, retain or possess shoreward of the outer bound ary of the EEZ a sailfish taken from its management unit that is less than 63 inches (160 cm), LJFL. (4) No person shall take, retain or possess a roundscale spearfish taken from its management unit that is less than 66 inches (168 cm), LJFL. (5) The Atlantic blue marlin, white marlin, and roundscale spearfish min imum size limits, specified in para graphs (d)(1) and (d)(2) of this section, may be adjusted to sizes between 117 and 138 inches (297.2 and 350.5 cm) for blue marlin and 70 and 79 inches (177.8 and 200.7 cm) for white marlin and roundscale spearfish, to achieve, but not exceed, the annual Atlantic marlin landing limit specified in § 635.27(d). Minimum size limit increases will be based upon a review of landings, the pe riod of time remaining in the current fishing year, current and historical landing trends, and any other relevant factors. NMFS will adjust the min imum size limits specified in this sec tion by filing an adjustment with the Office of the Federal Register for publi cation. In no case shall the adjust ments be effective less than 14 calendar days after the date of publication. The adjusted minimum size limits will re main in effect through the end of the applicable fishing year or until other wise adjusted. (e) Sharks. The following size limits change depending on the species being caught and the retention limit under which they are being caught as speci fied under § 635.22(c). (1) All sharks landed under the rec reational retention limits specified at § 635.22(c) must have the head, tail, and fins naturally attached. (2) All sharks, except as otherwise specified in paragraphs (e)(3) through (6) of this section, landed under the recreational retention limits specified at § 635.22(c)(2) must be at least 54 inches (137 cm) FL. 533 Fishery Conservation and Management § 635.21 (3) There is no size limit for Atlantic sharpnose or bonnethead sharks taken under the recreational retention limits specified at § 635.22(c)(3). (4) All hammerhead sharks landed under the recreational retention limits specified at § 635.22(c)(2) must be at least 78 inches (198.1 cm) FL. (5) There is no size limit for smoothhound sharks taken under the recreational retention limits specified at § 635.22(c)(6). (6) For shortfin mako sharks landed when the recreational retention limit specified at § 635.22(c)(8) is greater than zero, males must be at least 71 inches (180 cm) fork length, and females must be at least 83 inches (210 cm) fork length. (f) Swordfish. (1) For a swordfish that has its head naturally attached, the LJFL is the sole criterion for deter mining the size of a swordfish. No per son shall take, retain, possess, or land a whole (head on) North or South At lantic swordfish taken from its man agement unit that is not equal to or greater than 47 inches (119 cm) LJFL. A swordfish with the head naturally at tached that is damaged by shark bites may be retained only if the length of the remainder of the fish is equal to or greater than 47 inches (119 cm) LJFL. (2) If the head of a swordfish is no longer naturally attached, the CK measurement is the sole criterion for determining the size of a swordfish. No person shall take, retain, possess, or land a dressed North or South Atlantic swordfish taken from its management unit that is not equal to or greater than 25 inches (63 cm) CK length. A swordfish that is damaged by shark bites may be retained only if the length of the remainder of the carcass is equal to or greater than 25 inches (63 cm) CK length. (3) No person shall import into the United States an Atlantic swordfish weighing less than 33 lb (15 kg) dressed weight, or a part derived from a sword fish that weighs less than 33 lb (15 kg) dressed weight. (4) Except for a swordfish landed in a Pacific state and remaining in that Pa cific state of landing, a swordfish, or part thereof, not meeting the minimum size measurements specified in § 635.20(f)(1) or (2) will be deemed to be an Atlantic swordfish harvested by a vessel of the United States and to be in violation of the minimum size require ment of this section unless such sword fish, or part thereof, is accompanied by a swordfish statistical document at testing that the swordfish was lawfully imported. Refer to § 300.186 of this title for the requirements related to the swordfish statistical document. (5) A swordfish, or part thereof, will be monitored for compliance with the minimum size requirement of this sec tion from the time it is landed in, or imported into, the United States up to, and including, the point of first trans action in the United States. [64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 FR 42804, Aug. 15, 2001; 68 FR 714, Jan. 7, 2003; 68 FR 74785, Dec. 24, 2003; 69 FR 67284, Nov. 17, 2004; 71 FR 58167, Oct. 2, 2006; 74 FR 66587, Dec. 19, 2009; 75 FR 30525, June 1, 2010; 75 FR 57701, Sept. 22, 2010; 76 FR 70066, Nov. 10, 2011; 77 FR 45280, July 31, 2012; 78 FR 40346, July 3, 2013; 80 FR 73145, Nov. 24, 2015; 83 FR 33154, July 17, 2018; 83 FR 51397, Oct. 11, 2018; 84 FR 5376, Feb. 21, 2019; 87 FR 39382, July 1, 2022] § 635.21 Gear operation and deploy ment restrictions. (a) All Atlantic HMS fishing gears. (1) An Atlantic HMS harvested from its management unit that is not retained must be released in a manner that will ensure maximum probability of sur vival, but without removing the fish from the water. (2) If a billfish is caught by a hook and not retained, the fish must be re leased by cutting the line near the hook or by using a dehooking device, in either case without removing the fish from the water. (3) Restricted gear and closed areas for all Atlantic HMS fishing gears. (i) No person may fish for, catch, possess, or retain any Atlantic HMS or anchor a fishing vessel that has been issued a permit or is required to be permitted under this part, in the areas and sea sons designated at § 622.34(a)(3) of this chapter. (ii) From November through April of each year, no vessel issued, or required to be issued, a permit under this part may fish or deploy any type of fishing gear in the Madison-Swanson closed area or the Steamboat Lumps closed area, as defined in § 635.2. 534 50 CFR Ch. VI (10–1–22 Edition) § 635.21 (iii) From May through October of each year, no vessel issued, or required to be issued, a permit under this part may fish or deploy any type of fishing gear in the Madison-Swanson or the Steamboat Lumps closed areas except for surface trolling. For the purposes of this section, surface trolling is defined as fishing with lines trailing behind a vessel which is in constant motion at speeds in excess of four knots with a visible wake. Such trolling may not in volve the use of down riggers, wire lines, planers, or similar devices. (iv) From January through April of each year, no vessel issued, or required to be issued, a permit under this part may fish or deploy any type of fishing gear in the Edges 40 Fathom Contour closed area, as defined in § 635.2. (v) Within the areas of the Gulf coral HAPCs designated at § 622.74 of this chapter, no person may bottom anchor a fishing vessel or deploy fishing gear that may not be deployed pursuant to § 622.74 of this chapter. For purposes of this provision, fishing gear is deployed if any part of the gear is in contact with the water. (4) Any person on board a vessel that is issued a commercial shark permit must release all shortfin mako sharks, whether alive or dead, caught with any gear other than pelagic longline, bot tom longline, or gillnet gear, except that any person on board a vessel that is issued a commercial shark permit in combination with a permit that has a shark endorsement may retain shortfin mako sharks subject to the rec reational minimum size limits in § 635.20, the recreational retention lim its in § 635.22, and authorized gear re quirements in § 635.19. (b) Longline—general restrictions. (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 Carib bean Sea and the Gulf of Mexico must possess inside the wheelhouse the docu ment provided by NMFS entitled ‘‘Careful Release Protocols for Sea Turtle Release with Minimal Injury,’’ and must also post inside the wheel house the sea turtle handling and re lease guidelines provided by NMFS. (2) Transiting and gear stowage: If a vessel issued or required to be issued a LAP under this part has pelagic or bot tom longline gear onboard and is in a closed or gear restricted area as des ignated in paragraph (c)(2) of this sec tion or a monitoring area designated in paragraph (c)(3) of this section that has been closed, it is a rebuttable presump tion that any fish on board such a ves sel were taken with pelagic or bottom longline gear in the area except where such possession is aboard a vessel transiting such an area with all fishing gear stowed appropriately. Longline gear is stowed appropriately if all gangions and hooks are disconnected from the mainline and are stowed on or below deck, hooks are not baited, and all buoys and weights are disconnected from the mainline and drum (buoys may remain on deck). (3) When a marine mammal or sea turtle is hooked or entangled by pe lagic or bottom longline gear, the oper ator of the vessel must immediately re lease the animal, retrieve the pelagic or bottom longline gear, and move at least 1 nm (2 km) from the location of the incident before resuming fishing. Similarly, when a smalltooth sawfish is hooked or entangled by bottom longline gear, the operator of the ves sel must immediately release the ani mal, retrieve the bottom longline gear, and move at least 1 nm (2 km) from the location of the incident before resum ing fishing. Reports of marine mammal entanglements must be submitted to NMFS consistent with regulations in § 229.6 of this title. (4) Vessels that have pelagic or bot tom longline gear on board and that have been issued, or are required to have been issued, a permit under this part must have only corrodible hooks on board. (c) Pelagic longlines. (1) If a vessel issued or required to be issued a permit under this part: (i) Has bottom longline gear on board and is in a closed or gear restricted area designated under paragraph (c)(2) of this section or is in a monitoring area designated under paragraph (c)(3) of this section that has been closed, the vessel may not, at any time, possess or land any pelagic species listed in table 2 of appendix A to this part in excess of 535 Fishery Conservation and Management § 635.21 5 percent, by weight, of the total weight of pelagic and demersal species possessed or landed, that are listed in tables 2 and 3 of appendix A to this part. (ii) Has pelagic longline gear on board, persons aboard that vessel may not possess, retain, transship, land, sell, or store silky sharks, oceanic whitetip sharks, or scalloped, smooth, or great hammerhead sharks. (iii) Has pelagic longline gear on board, persons aboard that vessel are required to release unharmed, to the extent practicable, porbeagle sharks that are alive at the time of haulback. (iv) Has pelagic longline gear on board, persons aboard that vessel are required to promptly release in a man ner that causes the least harm any shortfin mako shark that is alive at the time of haulback, consistent with the requirements specified at para graphs (a)(1) and (c)(6)(i) of this sec tion. When the commercial retention limit specified at § 635.24(a)(4)(v) is greater than zero, any shortfin mako shark that is dead at the time of haulback may be retained provided the electronic monitoring system is in stalled and functioning in compliance with the requirements at § 635.9. (2) If pelagic longline gear is on board a vessel issued or required to be issued a LAP under this part, persons aboard that vessel may not fish or deploy any type of fishing gear: (i) In the Charleston Bump closed area from February 1 through April 30 each calendar year; (ii) In the East Florida Coast closed area at any time; (iii) In the Desoto Canyon closed area at any time; (iv) In the Northeast Distant gear re stricted area at any time, unless per sons onboard the vessel complies with the following: (A) The vessel is limited to pos sessing onboard and/or using only 18/0 or larger circle hooks with an offset not to exceed 10 degrees. The outer di ameter of the circle hook at its widest point must be no smaller than 2.16 inches (55 mm) when measured with the eye on the hook on the vertical axis (y-axis) and perpendicular to the horizontal axis (x-axis), and the dis tance between the circle hook point and the shank (i.e., the gap) must be no larger than 1.13 inches (28.8 mm). The allowable offset is measured from the barbed end of the hook and is relative to the parallel plane of the eyed-end, or shank, of the hook when laid on its side. The only allowable offset circle hooks are those that are offset by the hook manufacturer. If green-stick gear, as defined at § 635.2, is onboard, a vessel may possess up to 20 J-hooks. J-hooks may be used only with green-stick gear, and no more than 10 hooks may be used at one time with each green stick gear. J-hooks used with green stick gear may be no smaller than 1.5 inch (38.1 mm) when measured in a straight line over the longest distance from the eye to any other part of the hook; and, (B) The vessel is limited, at all times, to possessing onboard and/or using only whole Atlantic mackerel and/or squid bait, except that artificial bait may be possessed and used only with green stick gear, as defined at § 635.2, if green-stick gear is onboard; and, (C) Vessels must possess, inside the wheelhouse, a document provided by NMFS entitled, ‘‘Careful Release Pro tocols for Sea Turtle Release with Minimal Injury,’’ and must post, inside the wheelhouse, sea turtle handling and release guidelines provided by NMFS; and, (D) Required sea turtle bycatch miti gation gear, which NMFS has approved under paragraph (c)(5)(iv) of this sec tion, on the initial list of ‘‘NMFS-Ap proved Models For Equipment Needed For The Careful Release of Sea Turtles Caught In Hook And Line Fisheries,’’ must be carried onboard, and must be used in accordance with the handling requirements specified in paragraphs (c)(2)(iv)(E) through (G) of this section; and, (E) Sea turtle bycatch mitigation gear, specified in paragraph (c)(2)(iv)(D) of this section, must be used to disengage any hooked or entan gled sea turtles that cannot be brought on board, and to facilitate access, safe handling, disentanglement, and hook removal or hook cutting from sea tur tles that can be brought on board, where feasible. Sea turtles must be handled, and bycatch mitigation gear must be used, in accordance with the 536 50 CFR Ch. VI (10–1–22 Edition) § 635.21 careful release protocols and handling/ release guidelines specified in para graph (c)(2)(iv)(C) of this section, and in accordance with the onboard han dling and resuscitation requirements specified in § 223.206(d)(1) of this title. (F) Boated turtles: When practicable, active and comatose sea turtles must be brought on board, with a minimum of injury, using a dipnet approved on the initial list specified in paragraph (c)(2)(iv)(D) of this section. All turtles less than 3 ft. (.91 m) carapace length should be boated, if sea conditions per mit. A boated turtle should be placed on a standard automobile tire, or cush ioned surface, in an upright orientation to immobilize it and facilitate gear re moval. Then, it should be determined if the hook can be removed without caus ing further injury. All externally em bedded hooks should be removed, un less hook removal would result in fur ther injury to the turtle. No attempt to remove a hook should be made if the hook has been swallowed and the inser tion point is not visible, or if it is de termined that removal would result in further injury. If a hook cannot be re moved, as much line as possible should be removed from the turtle using ap proved monofilament line cutters from the initial list specified in paragraph (c)(2)(iv)(D) of this section, and the hook should be cut as close as possible to the insertion point, using bolt cut ters from that list, before releasing the turtle. If a hook can be removed, an ef fective technique may be to cut off ei ther the barb, or the eye, of the hook using bolt cutters, and then to slide the hook out. When the hook is visible in the front of the mouth, an approved mouth-opener from the initial list specified in paragraph (c)(2)(iv)(D) of this section may facilitate opening the turtle’s mouth, and an approved gag from that list may facilitate keeping the mouth open. Short-handled dehookers for ingested hooks, long nose pliers, or needle-nose pliers from the initial list specified in paragraph (c)(2)(iv)(D) of this section should be used to remove visible hooks that have not been swallowed from the mouth of boated turtles, as appropriate. As much gear as possible must be removed from the turtle without causing further in jury prior to its release. Refer to the careful release protocols and handling/ release guidelines required in para graph (c)(2)(iv)(C) of this section, and the handling and resuscitation require ments specified in § 223.206(d)(1) of this title, for additional information. (G) Non-boated turtles: If a sea turtle is too large, or hooked in a manner that precludes safe boating without causing further damage or injury to the turtle, sea turtle bycatch mitiga tion gear, specified in paragraph (c)(2)(iv)(D) of this section, must be used to disentangle sea turtles from fishing gear and disengage any hooks, or to clip the line and remove as much line as possible from a hook that can not be removed, prior to releasing the turtle, in accordance with the proto cols specified in paragraph (c)(2)(iv)(C) of this section. 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 with out causing further injury. A front flip per or flippers of the turtle must be se cured, if possible, with an approved turtle control device from the list spec ified in paragraph (c)(2)(iv)(D) of this section. All externally embedded hooks must be removed, unless hook removal would result in further injury to the turtle. No attempt should be made to remove a hook if it has been swallowed, or if it is determined that removal would result in further injury. If the hook cannot be removed and/or if the animal is entangled, as much line as possible must be removed prior to re lease, using an approved line cutter from the list specified in paragraph (c)(2)(iv)(D) of this section. If the hook can be removed, it must be removed using a long-handled dehooker from the initial list specified in paragraph (c)(2)(iv)(D) of this section. Without causing further injury, as much gear as possible must be removed from the tur tle prior to its release. Refer to the careful release protocols and handling/ release guidelines required in para graph (c)(2)(iv)(C) of this section, and the handling and resuscitation require ments specified in § 223.206(d)(1) of this title, for additional information. (3) From April 2, 2020 to December 31, 2022, a vessel issued or required to be issued a LAP under this part may fish 537 Fishery Conservation and Management § 635.21 with pelagic longline gear in the Northeastern United States Pelagic Longline Monitoring Area during the month of June or in the Spring Gulf of Mexico Pelagic Longline Monitoring Area during the months of April and May until the annual IBQ allocation threshold for the monitoring area has been reached or is projected to be reached. The annual IBQ allocation threshold is 150,519 lb for the North eastern United States Pelagic Longline Monitoring Area, and 63,150 lb for the Spring Gulf of Mexico Pelagic Longline Monitoring Area. If between April 2, 2020 and December 31, 2022, the U.S. al location of ICCAT bluefin tuna quota codified at § 635.27(a) is reduced, and the BFT Longline category quota es tablished at § 635.26 (a)(3) is subse quently reduced, the annual IBQ allo cation thresholds for each monitoring area will be modified as follows: The Gulf of Mexico threshold will be 55 per cent of the Gulf of Mexico regional des ignation as defined at § 635.15 (b)(2) and 72 percent of the Atlantic regional des ignation as defined at § 635.15 (b)(2). When the relevant threshold is reached, or is projected to be reached, NMFS will file for publication with the Office of the Federal Register a closure for that monitoring area, which will be effective no fewer than five days from date of filing. From the effective date and time of the closure forward, vessels issued or required to be issued a LAP under this part and that have pelagic longline gear on board are prohibited from deploying pelagic longline gear within the boundaries of the relevant monitoring area during the months specified for that area in this para graph above. After December 31, 2022, if no closure of a particular monitoring area has been implemented under the provisions of this paragraph, vessels with pelagic longline gear on board may continue to deploy pelagic longline gear in that area; if a closure has been issued for a particular moni toring area under the provisions of this paragraph, vessels with pelagic longline gear on board will continue to be prohibited from deploying pelagic longline gear in that area. (4) In the Gulf of Mexico, pelagic longline gear may not be fished or de ployed 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) The operator of a vessel permitted or required to be permitted under this part and that has pelagic longline gear on board must undertake the following sea turtle bycatch mitigation meas ures: (i) Possession and use of required miti gation gear. Required sea turtle bycatch mitigation gear, which NMFS has ap proved under paragraph (c)(5)(iv) of this section as meeting the minimum design standards specified in para graphs (c)(5)(i)(A) through (M) of this section, must be carried onboard, and must be used to disengage any hooked or entangled sea turtles in accordance with the handling requirements speci fied in paragraph (c)(5)(ii) of this sec tion. (A) Long-handled line clipper or cutter. Line cutters are intended to cut high test monofilament line as close as pos sible to the hook, and assist in remov ing line from entangled sea turtles to minimize any remaining gear upon re lease. NMFS has established minimum design standards for the line cutters, which may be purchased or fabricated from readily available and low-cost materials. The LaForce line cutter and the Arceneaux line clipper are models that meet these minimum design standards. One long-handled line clip per or cutter meeting the minimum de sign standards, and a set of replace ment blades, are required to be on board. The minimum design standards for line cutters are as follows: (1) A protected and secured cutting blade. The cutting blade(s) must be ca pable of cutting 2.0–2.1 mm (0.078 in.– 0.083 in.) monofilament line (400-lb test) or polypropylene multistrand material, known as braided or tarred mainline, 538 50 CFR Ch. VI (10–1–22 Edition) § 635.21 and must be maintained in working order. The cutting blade must be curved, recessed, contained in a holder, or otherwise designed to facilitate its safe use so that direct contact between the cutting surface and the sea turtle or the user is prevented. The cutting instrument must be securely attached to an extended reach handle and be eas ily replaceable. One extra set of re placement blades meeting these stand ards must also be carried on board to replace all cutting surfaces on the line cutter or clipper. (2) An extended reach handle. The line cutter blade(s) must be securely fastened to an extended reach handle or pole with a minimum length equal to, or greater than, 150 percent of the height of the vessel’s freeboard, or 6 feet (1.83 m), whichever is greater. It is recommended, but not required, that the handle break down into sections. There is no restriction on the type of material used to construct this handle as long as it is sturdy and facilitates the secure attachment of the cutting blade. (B) Long-handled dehooker for ingested hooks. A long-handled dehooking device is intended to remove ingested hooks from sea turtles that cannot be boated. It should also be used to engage a loose hook when a turtle is entangled but not hooked, and line is being removed. The design must shield the barb of the hook and prevent it from re-engaging during the removal process. One long handled device, meeting the minimum design standards, is required onboard to remove ingested hooks. The min imum design standards are as follows: (1) Hook removal device. The hook removal device must be constructed of 5/16-inch (7.94 mm) 316 L stainless steel and have a dehooking end no larger than 1–7/8-inches (4.76 cm) outside di ameter. The device must securely en gage and control the leader while shielding the barb to prevent the hook from re-engaging during removal. It may not have any unprotected ter minal points (including blunt ones), as these could cause injury to the esoph agus during hook removal. The device must be of a size appropriate to secure the range of hook sizes and styles used in the pelagic longline fishery tar geting swordfish and tuna. (2) Extended reach handle. The dehooking end must be securely fas tened to an extended reach handle or pole with a minimum length equal to or greater than 150 percent of the height of the vessel’s freeboard, or 6 ft. (1.83 m), whichever is greater. It is rec ommended, but not required, that the handle break down into sections. The handle must be sturdy and strong enough to facilitate the secure attach ment of the hook removal device. (C) Long-handled dehooker for external hooks. A long-handled dehooker, meet ing the minimum design standards, is required onboard for use on externally hooked sea turtles that cannot be boat ed. The long-handled dehooker for in gested hooks described in paragraph (c)(5)(i)(B) of this section would meet this requirement. The minimum design standards are as follows: (1) Construction. A long-handled dehooker must be constructed of 5/16 inch (7.94 mm) 316 L stainless steel rod. A 5-inch (12.7-cm) tube T-handle of 1 inch (2.54 cm) outside diameter is rec ommended, but not required. The de sign should be such that a fish hook can be rotated out, without pulling it out at an angle. The dehooking end must be blunt with all edges rounded. The device must be of a size appro priate to secure the range of hook sizes and styles used in the pelagic longline fishery targeting swordfish and tuna. (2) Extended reach handle. The han dle must be a minimum length equal to the height of the vessel’s freeboard or 6 ft. (1.83 m), whichever is greater. (D) Long-handled device to pull an ‘‘inverted V.’’ This tool is used to pull a ‘‘V’’ in the fishing line when imple menting the ‘‘inverted V’’ dehooking technique, as described in the docu ment entitled ‘‘Careful Release Proto cols for Sea Turtle Release With Mini mal Injury,’’ required under paragraph (a)(3) of this section, for disentangling and dehooking entangled sea turtles. One long-handled device to pull an ‘‘inverted V’’, meeting the minimum design standards, is required onboard. If a 6-ft (1.83 m) J-style dehooker is used to comply with paragraph (c)(5)(i)(C) of this section, it will also satisfy this requirement. Minimum de sign standards are as follows: 539 Fishery Conservation and Management § 635.21 (1) Hook end. This device, such as a standard boat hook or gaff, must be constructed of stainless steel or alu minum. A sharp point, such as on a gaff hook, is to be used only for holding the monofilament fishing line and should never contact the sea turtle. (2) Extended reach handle. The handle must have a minimum length equal to the height of the vessel’s freeboard, or 6 ft. (1.83 m), whichever is greater. The handle must be sturdy and strong enough to facilitate the secure attach ment of the gaff hook. (E) Dipnet. One dipnet, meeting the minimum design standards, is required onboard. Dipnets are to be used to fa cilitate safe handling of sea turtles by allowing them to be brought onboard for fishing gear removal, without caus ing further injury to the animal. Tur tles must not be brought onboard with out the use of a dipnet. The minimum design standards for dipnets are as fol lows: (1) Size of dipnet. The dipnet must have a sturdy net hoop of at least 31 inches (78.74 cm) inside diameter and a bag depth of at least 38 inches (96.52 cm) to accommodate turtles below 3 ft. (0.914 m) carapace length. The bag mesh openings may not exceed 3 inches (7.62 cm). There must be no sharp edges or burrs on the hoop, or where the hoop is attached to the handle. (2) Extended reach handle. The dipnet hoop must be securely fastened to an extended reach handle or pole with a minimum length equal to, or greater than, 150 percent of the height of the vessel’s freeboard, or at least 6 ft (1.83 m), whichever is greater. The handle must made of a rigid material strong enough to facilitate the sturdy attach ment of the net hoop and able to sup port a minimum of 100 lbs (34.1 kg) without breaking or significant bend ing or distortion. It is recommended, but not required, that the extended reach handle break down into sections. (F) Tire. A minimum of one tire is re quired onboard for supporting a turtle in an upright orientation while it is on board, although an assortment of sizes is recommended to accommodate a range of turtle sizes. The required tire must be a standard passenger vehicle tire, and must be free of exposed steel belts. (G) Short-handled dehooker for ingested hooks. One short-handled device, meet ing the minimum design standards, is required onboard for removing ingested hooks. This dehooker is designed to re move ingested hooks from boated sea turtles. It can also be used on external hooks or hooks in the front of the mouth. Minimum design standards are as follows: (1) Hook removal device. The hook re moval device must be constructed of 1⁄4 inch (6.35 mm) 316 L stainless steel, and must allow the hook to be secured and the barb shielded without re-engaging during the removal process. It must be no larger than 15⁄16 inch (3.33 cm) out side diameter. It may not have any un protected terminal points (including blunt ones), as this could cause injury to the esophagus during hook removal. A sliding PVC bite block must be used to protect the beak and facilitate hook removal if the turtle bites down on the dehooking device. The bite block should be constructed of a 3⁄4-inch (1.91 cm) inside diameter high impact plas tic cylinder (e.g., Schedule 80 PVC) that is 10 inches (25.4 cm) long to allow for 5 inches (12.7 cm) of slide along the shaft. The device must be of a size ap propriate to secure the range of hook sizes and styles used in the pelagic longline fishery targeting swordfish and tuna. (2) Handle length. The handle should be approximately 16–24 inches (40.64 cm–60.69 cm) in length, with approxi mately a 5-inch (12.7 cm) long tube T handle of approximately 1 inch (2.54 cm) in diameter. (H) external hooks. One short-handled dehooker for external hooks, meeting the minimum design standards, is re quired onboard. The short-handled dehooker for ingested hooks required to comply with paragraph (c)(5)(i)(G) of this section will also satisfy this re quirement. Minimum design standards are as follows: (1) Hook removal device. The dehooker must be constructed of 5⁄16-inch (7.94 cm) 316 L stainless steel, and the de sign must be such that a hook can be rotated out without pulling it out at an angle. The dehooking end must be blunt, and all edges rounded. The de vice must be of a size appropriate to se cure the range of hook sizes and styles 540 50 CFR Ch. VI (10–1–22 Edition) § 635.21 used in the pelagic longline fishery tar geting swordfish and tuna. (2) Handle length. The handle should be approximately 16–24 inches (40.64 cm–60.69 cm) long with approximately a 5-inch (12.7 cm) long tube T-handle of approximately 1 inch (2.54 cm) in di ameter. (I) Long-nose or needle-nose pliers. One pair of long-nose or needle-nose pliers, meeting the minimum design stand ards, is required on board. Required long-nose or needle-nose pliers can be used to remove deeply embedded hooks from the turtle’s flesh that must be twisted during removal. They can also hold PVC splice couplings, when used as mouth openers, in place. To meet the minimum design standards such pliers must generally be approximately 12 inches (30.48 cm) in length, and should be constructed of stainless steel material. (J) Bolt cutters. One pair of bolt cut ters, meeting the minimum design standards, is required on board. Re quired bolt cutters may be used to cut hooks to facilitate their removal. They should be used to cut off the eye or barb of a hook, so that it can safely be pushed through a sea turtle without causing further injury. They should also be used to cut off as much of the hook as possible, when the remainder of the hook cannot be removed. To meet the minimum design standards such bolt cutters must generally be ap proximately 17 inches (43.18 cm) in total length, with 4-inch (10.16 cm) long blades that are 21⁄4 inches (5.72 cm) wide, when closed, and with 13-inch (33.02 cm) long handles. Required bolt cutters must be able to cut hard met als, such as stainless or carbon steel hooks, up to 1⁄4-inch (6.35 mm) diame ter. (K) Monofilament line cutters. One pair of monofilament line cutters is re quired on board. Required monofilament line cutters must be used to remove fishing line as close to the eye of the hook as possible, if the hook is swallowed or cannot be re moved. To meet the minimum design standards such monofilament line cut ters must generally be approximately 71⁄2 inches (19.05 cm) in length. The blades must be 1 in (4.45 cm) in length and 5⁄8-in (1.59 cm) wide, when closed, and are recommended to be coated with Teflon (a trademark owned by E.I. Du Pont de Nemours and Company Corp.). (L) Mouth openers/mouth gags. Re quired mouth openers and mouth gags are used to open sea turtle mouths, and to keep them open when removing in gested hooks from boated turtles. They must allow access to the hook or line without causing further injury to the turtle. Design standards are included in the item descriptions. At least two of the seven different types of mouth openers/gags described below are re quired: (1) A block of hard wood. Placed in the corner of the jaw, a block of hard wood may be used to gag open a tur tle’s mouth. A smooth block of hard wood of a type that does not splinter (e.g. maple) with rounded edges should be sanded smooth, if necessary, and soaked in water to soften the wood. The dimensions should be approxi mately 11 inches (27.94 cm) 1 inch (2.54 cm) 1 inch (2.54 cm). A long-handled, wire shoe brush with a wooden handle, and with the wires removed, is an inex pensive, effective and practical mouth opening device that meets these re quirements. (2) A set of three canine mouth gags. Canine mouth gags are highly rec ommended to hold a turtle’s mouth open, because the gag locks into an open position to allow for hands-free operation after it is in place. A set of canine mouth gags must include one of each of the following sizes: small (5 inches) (12.7 cm), medium (6 inches) (15.24 cm), and large (7 inches) (17.78 cm). They must be constructed of stainless steel. A 1-inch (4.45 cm) piece of vinyl tubing (3⁄4-inch (1.91 cm) out side diameter and 5⁄8-inch (1.59 cm) in side diameter) must be placed over the ends to protect the turtle’s beak. (3) A set of two sturdy dog chew bones. Placed in the corner of a turtle’s jaw, canine chew bones are used to gag open a sea turtle’s mouth. Required ca nine chews must be constructed of du rable nylon, zylene resin, or thermo plastic polymer, and strong enough to withstand biting without splintering. To accommodate a variety of turtle beak sizes, a set must include one large (51⁄2–8 inches (13.97 cm–20.32 cm) in length), and one small (31⁄2–41⁄2 inches 541 Fishery Conservation and Management § 635.21 (8.89 cm–11.43 cm) in length) canine chew bones. (4) A set of two rope loops covered with hose. A set of two rope loops cov ered with a piece of hose can be used as a mouth opener, and to keep a turtle’s mouth open during hook and/or line re moval. A required set consists of two 3 foot (0.91 m) lengths of poly braid rope (3⁄8-inch (9.52 mm) diameter suggested), each covered with an 8-inch (20.32 cm) section of 1⁄2-inch (1.27 cm) or 3⁄4-inch (1.91 cm) light-duty garden hose, and each tied into a loop. The upper loop of rope covered with hose is secured on the upper beak to give control with one hand, and the second piece of rope cov ered with hose is secured on the lower beak to give control with the user’s foot. (5) A hank of rope. Placed in the cor ner of a turtle’s jaw, a hank of rope can be used to gag open a sea turtle’s mouth. A 6-foot (1.83 m) lanyard of ap proximately 3⁄16-inch (4.76 mm) braided nylon rope may be folded to create a hank, or looped bundle, of rope. Any size soft-braided nylon rope is allowed, however it must create a hank of ap proximately 2–4 inches (5.08 cm–10.16 cm) in thickness. (6) A set of four PVC splice couplings. PVC splice couplings can be positioned inside a turtle’s mouth to allow access to the back of the mouth for hook and line removal. They are to be held in place with the needle-nose pliers. To ensure proper fit and access, a required set must consist of the following Schedule 40 PVC splice coupling sizes: 1 inch (2.54 cm), 11⁄4 inch (3.18 cm), 11⁄2 inch (3.81 cm), and 2 inches (5.08 cm). (7) A large avian oral speculum. A large avian oral speculum provides the ability to hold a turtle’s mouth open and to control the head with one hand, while removing a hook with the other hand. The avian oral speculum must be 9-inches (22.86 cm) long, and con structed of 3⁄16-inch (4.76 mm) wire di ameter surgical stainless steel (Type 304). It must be covered with 8 inches (20.32 cm) of clear vinyl tubing (5⁄16-inch (7.9 mm) outside diameter, 3⁄16-inch (4.76 mm) inside diameter). (M) Turtle control devices. One turtle control device, as described in para graph (c)(5)(i)(M)(1) or (2) of this sec tion, and meeting the minimum design standards, is required onboard and must be used to secure a front flipper of the sea turtle so that the animal can be controlled at the side of the vessel. It is strongly recommended that a pair of turtle control devices be used to se cure both front flippers when crew size and conditions allow. Minimum design standards consist of: (1) Turtle tether and extended reach handle. Approximately 15–20 feet of 1⁄2 inch hard lay negative buoyance line is used to make an approximately 30-inch loop to slip over the flipper. The line is fed through a 3⁄4-inch fair lead, eyelet, or eyebolt at the working end of a pole and through a 3⁄4-inch eyelet or eyebolt in the midsection. A 1⁄2-inch quick re lease cleat holds the line in place near the end of the pole. A final 3⁄4-inch eye let or eyebolt should be positioned ap proximately 7-inches behind the cleat to secure the line, while allowing a safe working distance to avoid injury when releasing the line from the cleat. The line must be securely fastened to an ex tended reach handle or pole with a minimum length equal to, or greater than, 150 percent of the height of the vessel’s freeboard, or a minimum of 6 feet (1.83 m), whichever is greater. There is no restriction on the type of material used to construct this handle, as long as it is sturdy. The handle must include a tag line to attach the tether to the vessel to prevent the turtle from breaking away with the tether still at tached. (2) T&G ninja sticks and extended reach handles. Approximately 30–35 feet of 1⁄2-inch to 5⁄8-inch soft lay poly propylene or nylon line or similar is fed through 2 PVC conduit, fiberglass, or similar sturdy poles and knotted using an overhand (recommended) knot at the end of both poles or otherwise secured. There should be approxi mately 18–24 inches of exposed rope be tween the poles to be used as a working surface to capture and secure the flip per. Knot the line at the ends of both poles to prevent line slippage if they are not otherwise secured. The remain ing line is used to tether the apparatus to the boat unless an additional tag line is used. Two lengths of sunlight re sistant 3⁄4-inch schedule 40 PVC elec trical conduit, fiberglass, aluminum, or 542 50 CFR Ch. VI (10–1–22 Edition) § 635.21 similar material should be used to con struct the apparatus with a minimum length equal to, or greater than, 150 percent of the height of the vessel’s freeboard, or 6 feet (1.83 m), whichever is greater. (ii) Handling and release requirements. (A) Sea turtle bycatch mitigation gear, as required by paragraphs (c)(5)(i)(A) through (D) of this section, must be used to disengage any hooked or entan gled sea turtles that cannot be brought onboard. Sea turtle bycatch mitigation gear, as required by paragraphs (c)(5)(i)(E) through (M) of this section, must be used to facilitate access, safe handling, disentanglement, and hook removal or hook cutting of sea turtles that can be brought onboard, where feasible. Sea turtles must be handled, and bycatch mitigation gear must be used, in accordance with the careful re lease protocols and handling/release guidelines specified in paragraph (a)(3) of this section, and in accordance with the onboard handling and resuscitation requirements specified in § 223.206(d)(1) of this title. (B) Boated turtles. When practicable, active and comatose sea turtles must be brought on board, with a minimum of injury, using a dipnet as required by paragraph (c)(5)(i)(E) of this section. All turtles less than 3 ft. (.91 m) cara pace length should be boated, if sea conditions permit. (1) A boated turtle should be placed on a standard automobile tire, or cush ioned surface, in an upright orientation to immobilize it and facilitate gear re moval. Then, it should be determined if the hook can be removed without caus ing further injury. (2) All externally embedded hooks should be removed, unless hook re moval would result in further injury to the turtle. No attempt to remove a hook should be made if it has been swallowed and the insertion point is not visible, or if it is determined that removal would result in further injury. (3) If a hook cannot be removed, as much line as possible should be re moved from the turtle using monofilament cutters as required by paragraph (c)(5)(i) of this section, and the hook should be cut as close as pos sible to the insertion point before re leasing the turtle, using boltcutters as required by paragraph (c)(5)(i) of this section. (4) If a hook can be removed, an ef fective technique may be to cut off ei ther the barb, or the eye, of the hook using bolt cutters, and then to slide the hook out. When the hook is visible in the front of the mouth, a mouth opener, as required by paragraph (c)(5)(i) of this section, may facilitate opening the turtle’s mouth and a gag may facilitate keeping the mouth open. Short-handled dehookers for in gested hooks, long-nose pliers, or nee dle-nose pliers, as required by para graph (c)(5)(i) of this section, should be used to remove visible hooks from the mouth that have not been swallowed on boated turtles, as appropriate. (5) As much gear as possible must be removed from the turtle without caus ing further injury prior to its release. Refer to the careful release protocols and handling/release guidelines re quired in paragraph (a)(3) of this sec tion, and the handling and resuscita tion requirements specified in § 223.206(d)(1) of this title, for additional information. (C) Non-boated turtles. If a sea turtle is too large, or hooked in a manner that precludes safe boating without causing further damage or injury to the turtle, sea turtle bycatch mitiga tion gear required by paragraphs (c)(5)(i)(A) through (D) of this section must be used to disentangle sea turtles from fishing gear and disengage any hooks, or to clip the line and remove as much line as possible from a hook that cannot be removed, prior to releasing the turtle, in accordance with the pro tocols specified in paragraph (a)(3) of this section. (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 fur ther 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)(iv)(D) of this section. (2) All externally embedded hooks must be removed, unless hook removal would result in further injury to the turtle. No attempt should be made to remove a hook if it has been swallowed, 543 Fishery Conservation and Management § 635.21 or if it is determined that removal would result in further injury. If the hook cannot be removed and/or if the animal is entangled, as much line as possible must be removed prior to re lease, using a line cutter as required by paragraph (c)(5)(i) of this section. If the hook can be removed, it must be re moved using a long-handled dehooker as required by paragraph (c)(5)(i) of this section. (3) Without causing further injury, as much gear as possible must be removed from the turtle prior to its release. Refer to the careful release protocols and handling/release guidelines re quired in paragraph (a)(3) of this sec tion, and the handling and resuscita tion requirements specified in § 223.206(d)(1) for additional informa tion. (iii) Gear modifications. The following measures are required of vessel opera tors to reduce the incidental capture and mortality of sea turtles: (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 Carib bean 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) Bait. Vessels fishing outside of the Northeast Distant gear restricted area, as defined at § 635.2, that have pe lagic longline gear on board, and that have been issued or are required to be issued a LAP under this part, are lim ited, at all times, to possessing on board and/or using only whole finfish and/or squid bait except that if green stick gear is also on board, artificial bait may be possessed, but may be used only with green-stick gear. (C) Hook size and type. Vessels fishing outside of the Northeast Distant gear restricted area, as defined at § 635.2, that have pelagic longline gear on board, and that have been issued or are required to be issued a LAP under this part are limited, at all times, to pos sessing on board and/or using only 16/0 or larger non-offset circle hooks or 18/ 0 or larger circle hooks with an offset not to exceed 10°. These hooks must meet the criteria listed in paragraphs (c)(5)(iii)(C)(1) through (3) of this sec tion. A limited exception for the pos session and use of J hooks when green stick gear is on board is described in paragraph (c)(5)(iii)(C)(4) of this sec tion. (1) For the 18/0 or larger circle hooks with an offset not to exceed 10°, the outer diameter of an 18/0 circle hook at its widest point must be no smaller than 2.16 inches (55 mm), when meas ured with the eye of the hook on the vertical axis (y-axis) and perpendicular to the horizontal axis (x-axis). The dis tance between the hook point and the shank (i.e., the gap) on an 18/0 circle hook must be no larger than 1.13 inches (28.8 mm). The allowable offset is meas ured from the barbed end of the hook, and is relative to the parallel plane of the eyed-end, or shank, of the hook when laid on its side. The only allow able offset circle hooks are those that are offset by the hook manufacturer. (2) For the 16/0 or larger non-offset circle hooks, the outer diameter of a 16/ 0 circle hook at its widest point must be no smaller than 1.74 inches (44.3 mm), when measured with the eye of the hook on the vertical axis (y-axis) and perpendicular to the horizontal axis (x-axis). The distance between the hook point and the shank (i.e., the gap) on a 16/0 circle hook must be no larger than 1.01 inches (25.8 mm). (3) Between the months of January through June of any given calendar year in the Gulf of Mexico, all circle hooks must also be constructed of cor rodible round wire stock that is no larger than 3.65 mm in diameter. 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). (4) If green-stick gear, as defined at § 635.2, is also on board, a vessel that has pelagic longline gear on board, may possess up to 20 J-hooks. J-hooks may be used only with green-stick gear, and no more than 10 hooks may be used at one time with each green-stick gear. J hooks used with green-stick gear may be no smaller than 1.5 inch (38.1 mm) when measured in a straight line over the longest distance from the eye to any other part of the hook. 544 50 CFR Ch. VI (10–1–22 Edition) § 635.21 (iv) Approval of sea turtle bycatch miti gation gear. NMFS will file with the Of fice of the Federal Register for publica tion an initial list of required sea tur tle bycatch mitigation gear that NMFS has approved as meeting the minimum design standards specified under para graph (c)(5)(i) of this section. Other de vices 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 meet ing the minimum design standards be fore being used. NMFS will examine new devices, as they become available, to determine if they meet the min imum 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. (6) The owner or operator of a vessel permitted or required to be permitted under this part and that has pelagic longline gear on board must undertake the following shark bycatch mitigation measures: (i) Handling and release requirements. As safely as practicable, any hooked or entangled sharks that are not being re tained must be released using dehookers or line clippers or cutters. If using a line clipper or cutter, the gangion must be cut so that less than three feet (91.4 cm) of line remains at tached to the hook. (ii) Fleet communication and relocation protocol. The owner or operator of any vessel that catches a dusky shark must, as quickly as practicable, broad cast the location of the dusky shark interaction over the radio to other fishing vessels in the surrounding area. Subsequent fishing sets by that vessel on that trip must be at least 1 nmi from the reported location of the dusky shark catch. Vessel owners and opera tors are encouraged to move the vessel further away than 1 nmi if conditions (e.g., water temperature, depth, tide, etc.) indicate that moving a greater distance is warranted to avoid addi tional dusky shark interactions. (d) Bottom longlines. (1) If bottom longline gear is onboard a vessel issued a permit under this part, persons aboard that vessel may not fish or de ploy any type of fishing gear in the fol lowing areas: (i) The mid-Atlantic shark closed area from January 1 through July 31 each calendar year; (ii) The areas designated at § 622.435(a)(2)(i) through (iii) of this chapter, year-round; and (iii) The areas described in para graphs (d)(1)(iii)(A) through (H) of this section, year-round. (A) Snowy Grouper Wreck. Bounded by rhumb lines connecting, in order, the following points: 33°25′ N. lat., 77°04.75′ W. long.; 33°34.75′ N. lat., 76°51.3′ W. long.; 33°25.5′ N. lat., 76°46.5′ W. long.; 33°15.75′ N. lat., 77°00.0′ W. long.; 33°25′ N. lat., 77°04.75′ W. long. (B) Northern South Carolina. Bounded on the north by 32°53.5′ N. lat.; on the south by 32°48.5′ N. lat.; on the east by 78°04.75′ W. long.; and on the west by 78°16.75′ W. long. (C) Edisto. Bounded on the north by 32°24′ N. lat.; on the south by 32°18.5′ N. lat.; on the east by 78°54.0′ W. long.; and on the west by 79°06.0′ W. long. (D) Charleston Deep Artificial Reef. Bounded by rhumb lines connecting, in order, the following points: 32°05.04′ N lat. 79°13.575′ W long.; 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. (E) Georgia. Bounded by rhumb lines connecting, in order, the following points: 31°43′ N. lat., 79°31′ W. long.; 31°43′ N. lat., 79°21′ W. long.; 31°34′ N. lat., 79°29′ W. long.; 31°34′ N. lat., 79°39′ W. long; 31°43′ N. lat., 79°31′ W. long. (F) North Florida. Bounded on the north by 30°29′ N. lat.; on the south by 30°19′ N. lat.; on the east by 80°02′ W. long.; and on the west by 80°14′ W. long. (G) St. Lucie Hump. Bounded on the north by 27°08′ N. lat.; on the south by 27°04′ N. lat.; on the east by 79°58′ W. long.; and on the west by 80°00′ W. long. (H) East Hump. Bounded by rhumb lines connecting, in order, the fol lowing points: 24°36.5′ N. lat., 80°45.5′ W. long.; 24°32′ N. lat., 80°36′ W. long; 24°27.5′ N. lat., 80°38.5′ W. long; 24°32.5′ N. lat., 80°48′ W. long.; 24°36.5′ N. lat., 80°45.5′ W. long. (2) The operator of a vessel required to be permitted under this part and that has bottom longline gear on board 545 Fishery Conservation and Management § 635.21 must undertake the following bycatch mitigation measures: (i) Possession and use of required miti gation gear. The equipment listed in paragraph (c)(5)(i) of this section must be carried on board and must be used to handle, release, and disentangle hooked or entangled sea turtles, pro hibited sharks, or smalltooth sawfish in accordance with requirements speci fied in paragraph (d)(2)(ii) of this sec tion. (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 stat ed in paragraph (c)(5)(ii) of this sec tion. This mitigation gear should also be employed to disengage any hooked or entangled species of prohibited sharks as listed under heading D, Pro hibited Sharks, of Table 1 of appendix A to this part, any hooked or entangled species of sharks that exceed the reten tion 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 re search tags. All smalltooth sawfish must be released in a manner that will ensure maximum probability of sur vival, but without removing the fish from the water or any research tags from the fish. (iii) Fleet communication and reloca tion protocol. The owner or operator of any vessel that catches a dusky shark must, as quickly as practicable, broad cast the location of the dusky shark interaction over the radio to other fishing vessels in the surrounding area. Subsequent fishing sets by that vessel on that trip must be at least 1 nmi from the reported location of the dusky shark catch. Vessel owners and opera tors are encouraged to move the vessel further away than 1 nmi if conditions (e.g., water temperature, depth, tide, etc.) indicate that moving a greater distance is warranted to avoid addi tional dusky shark interactions. (3) If a vessel issued or required to be issued a permit under this part is in a closed area designated under paragraph (d)(1) of this section and has pelagic longline gear onboard, the vessel may not, at any time, possess or land any demersal species listed in Table 3 of Appendix A to this part in excess of 5 percent, by weight, of the total weight of pelagic and demersal species pos sessed or landed, that are listed in Ta bles 2 and 3 of Appendix A to this part. (4) Vessels that have bottom longline gear on board and that have been issued, or are required to have been issued, a directed shark limited access permit under § 635.4(e) must have only circle hooks as defined at § 635.2 on board. (5) If a vessel issued or required to be issued a permit under this part has bot tom longline gear on board persons aboard that vessel are required to promptly release in a manner that causes the least harm, any shortfin mako shark that is alive at the time of haulback. (e) Purse seine—(1) Mesh size. A purse seine used in directed fishing for bluefin tuna must have a mesh size equal to or smaller than 4.5 inches (11.4 cm) in the main body (stretched when wet) and must have at least 24-count thread throughout the net. (2) Inspection of purse seine vessels. Persons that own or operate an Atlan tic Tunas purse seine vessel must have their fishing gear inspected for mesh size by an enforcement agent of NMFS prior to commencing fishing for the season in any fishery that may result in the harvest of Atlantic tunas. Such persons must request such inspection at least 24 hours before commencement of the first fishing trip of the season. If NMFS does not inspect the vessel with in 24 hours of such notification, the in spection requirement is waived. In ad dition, at least 24 hours before com mencement of offloading any bluefin tuna after a fishing trip, such persons must request an inspection of the ves sel and catch by notifying NMFS. If, after notification by the vessel, NMFS does not arrange to inspect the vessel and catch at offloading, the inspection requirement is waived. (f) Rod and reel. (1) Persons who have been issued or are required to be issued a permit under this part and who are participating in a ‘‘tournament,’’ as de fined in § 635.2, that bestows points, prizes, or awards for Atlantic billfish 546 50 CFR Ch. VI (10–1–22 Edition) § 635.21 must deploy only non-offset circle hooks when using natural bait or nat ural bait/artificial lure combinations, and may not deploy a J-hook or an off set circle hook in combination with natural bait or a natural bait/artificial lure combination. (2) A person on board a vessel that has been issued or is required to be issued a permit with a shark endorse ment under this part and who is par ticipating in an HMS registered tour nament that bestows points, prizes, or awards for Atlantic sharks must deploy only non-offset, corrodible circle hooks when fishing for, retaining, possessing, or landing sharks, except when fishing with flies or artificial lures. (3) A person on board a vessel that has been issued or is required to be issued an HMS Angling permit with a shark endorsement or an HMS Charter/ Headboat permit with a shark endorse ment must deploy only non-offset, cor rodible circle hooks when fishing for, retaining, possessing, or landing sharks, except when fishing with flies or artificial lures. (g) Gillnet. (1) Persons fishing with gillnet gear must comply with the pro visions implementing the Atlantic Large Whale Take Reduction Plan, the Bottlenose Dolphin Take Reduction Plan, the Harbor Porpoise Take Reduc tion 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 imme diately 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 dur ing 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 re moved from the water. Smalltooth sawfish must not be removed from the water while being removed from the net. (4) No person may fish for sharks with a gillnet with a total length of 2.5 km or more. No vessel may have on board a gillnet with a total length of 2.5 km or more. (5) Fleet communication and relocation protocol. The owner or operator of any vessel issued or required to be issued a Federal Atlantic commercial shark limited access permit that catches a dusky shark must, as quickly as prac ticable, broadcast the location of the dusky shark interaction over the radio to other fishing vessels in the sur rounding area. Subsequent fishing sets by that vessel that trip must be at least 1 nmi from the reported location of the dusky shark catch. Vessel own ers and operators are encouraged to move the vessel further away than 1 nmi if conditions (e.g., water tempera ture, depth, tide, etc.) indicate that moving a greater distance is warranted to avoid additional dusky shark inter actions. (6) If a vessel issued or required to be issued a permit under this part has gillnet gear onboard, persons aboard that vessel are required to promptly re lease in a manner that causes the least harm any shortfin mako shark that is alive at the time of haulback. (h) Buoy gear. Vessels utilizing buoy gear may not possess or deploy more than 35 floatation devices, and may not deploy more than 35 individual buoy gears per vessel. Buoy gear must be constructed and deployed so that the hooks and/or gangions are attached to the vertical portion of the mainline. Floatation devices may be attached to one but not both ends of the mainline, and no hooks or gangions may be at tached to any floatation device or hori zontal portion of the mainline. If more than one floatation device is attached to a buoy gear, no hook or gangion may be attached to the mainline be tween them. Individual buoy gears may 547 Fishery Conservation and Management § 635.22 not be linked, clipped, or connected to gether in any way. Buoy gears must be released and retrieved by hand. All de ployed buoy gear must have some type of monitoring equipment affixed to it including, but not limited to, radar re flectors, beeper devices, lights, or re flective tape. If only reflective tape is affixed, the vessel deploying the buoy gear must possess on board an operable spotlight capable of illuminating de ployed floatation devices. If a gear monitoring device is positively buoy ant, and rigged to be attached to a fish ing gear, it is included in the 35 floata tion device vessel limit and must be marked appropriately. (i) Speargun fishing gear. Speargun fishing gear may only be utilized when recreational fishing for Atlantic BAYS tunas and only from vessels issued ei ther a valid HMS Angling or valid HMS Charter/Headboat permit. Persons fish ing for Atlantic BAYS tunas using speargun gear, as specified in § 635.19, must be physically in the water when the speargun is fired or discharged, and may freedive, use SCUBA, or other un derwater breathing devices. Only free swimming BAYS tunas, not those re stricted by fishing lines or other means, may be taken by speargun fish ing gear. ‘‘Powerheads,’’ as defined at § 600.10 of this chapter, or any other ex plosive devices, may not be used to harvest or fish for BAYS tunas with speargun fishing gear. (j) Green-stick gear. Green-stick gear may only be utilized when fishing from vessels issued a valid Atlantic Tunas General, Swordfish General Commer cial, HMS Charter/Headboat, or Atlan tic Tunas Longline category permit. The gear must be attached to the ves sel, actively trolled with the mainline at or above the water’s surface, and may not be deployed with more than 10 hooks or gangions attached. (k) Handline. (1) A person on board a vessel that has been issued or is re quired to be issued a permit with a shark endorsement under this part and who is participating in an HMS reg istered tournament that bestows points, prizes, or awards for Atlantic sharks must deploy only non-offset, corrodible circle hooks when fishing for, retaining, possessing, or landing sharks, except when fishing with flies or artificial lures. (2) A person on board a vessel that has been issued or is required to be issued an HMS Angling permit with a shark endorsement or a person on board a vessel with an HMS Charter/ Headboat permit with a shark endorse ment must deploy only non-offset, cor rodible circle hooks when fishing for, retaining, possessing, or landing, ex cept when fishing with flies or artifi cial lures. [79 FR 71594, Dec. 2, 2014, as amended at 80 FR 60567, Oct. 7, 2015; 80 FR 73145, Nov. 24, 2015; 81 FR 57806, Aug. 24, 2016; 82 FR 16507, Apr. 4, 2017; 83 FR 33154, July 17, 2018; 84 FR 5376, Feb. 21, 2019; 85 FR 18841, Apr. 2, 2020; 85 FR 65479, Oct. 16, 2020; 87 FR 11324, Mar. 1, 2022; 87 FR 39382, July 1, 2022] § 635.22 Recreational retention limits. (a) General. (1) Atlantic HMS caught, possessed, retained, or landed under these recreational limits may not be sold or transferred to any person for a commercial purpose. Recreational re tention limits apply to a longbill spearfish taken or possessed shoreward of the outer boundary of the Atlantic EEZ, to a shark taken from or pos sessed in the Atlantic Ocean including the Gulf of Mexico and Caribbean Sea, to a North Atlantic swordfish taken from or possessed in the Atlantic Ocean, and to bluefin and yellowfin tuna taken from or possessed in the At lantic Ocean. The operator of a vessel for which a retention limit applies is responsible for the vessel retention limit and for the cumulative retention limit based on the number of persons aboard. Federal recreational retention limits may not be combined with any recreational retention limit applicable in state waters. (2) Vessels issued an Atlantic Tunas General category permit under § 635.4(d) that are participating in an HMS registered tournament, vessels issued an HMS Angling category per mit under § 635.4(c), or vessels issued an HMS Charter/Headboat permit under § 635.4(b) may not retain, possess, or land oceanic whitetip sharks or scal loped, smooth, or great hammerhead sharks if swordfish, tuna, or billfish are retained or possessed on board, or offloaded from, the vessel. Such vessels 548 50 CFR Ch. VI (10–1–22 Edition) § 635.22 also may not retain, possess, or land swordfish, tuna, or billfish if oceanic whitetip sharks, or scalloped, smooth, or great hammerhead sharks are re tained or possessed on board, or offloaded from, the vessel. (3) Vessels issued an Atlantic Tunas General category permit under § 635.4(d) that are participating in an HMS registered tournament, vessels issued a Swordfish General commercial permit under § 635.4(f) that are partici pating in an HMS registered tour nament, vessels issued a HMS Angling category permit under § 635.4(c), or ves sels issued an HMS Charter/Headboat permit under § 635.4(b) are required to release unharmed, to the extent prac ticable, porbeagle sharks that are alive at the time of haulback if swordfish, tuna, or billfish are retained or pos sessed on board, or offloaded from, the vessel during that trip. (b) Billfish. No longbill spearfish from the management unit may be taken, retained, or possessed shoreward of the outer boundary of the EEZ. (c) Sharks. (1) The recreational reten tion limit for sharks applies to any person who fishes in any manner on a vessel that has been issued or is re quired to have been issued a permit with a shark endorsement, except as noted in paragraph (c)(7) of this sec tion. 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). A person on board a vessel that has been issued or is required to be issued a permit with a shark en dorsement under § 635.4 is required to use non-offset, corrodible circle hooks as specified in § 635.21(f) and (k) in order to retain sharks per the retention lim its specified in this section. (2) Only one shark from the following list may be retained per vessel per trip, subject to the size limits described in § 635.20(e)(2) and (4): Atlantic blacktip, Gulf of Mexico blacktip, bull, great hammerhead, scalloped hammerhead, smooth hammerhead, lemon, nurse, spinner, tiger, blue, common thresher, oceanic whitetip, porbeagle, Atlantic sharpnose, finetooth, Atlantic blacknose, Gulf of Mexico blacknose, and bonnethead. (3) In addition to the sharks listed under paragraph (c)(2) of this section, one Atlantic sharpnose shark and one bonnethead shark may be retained per person per trip, subject to the size lim its described in § 635.20(e)(3). (4) No prohibited sharks, including parts or pieces of prohibited sharks, which are listed in section D of Table 1 of Appendix A to this part, may be re tained regardless of where harvested. (5) Sharks listed in Table 1 of appen dix A to this part that are not listed in this section, must be released by per sons aboard a vessel that has not been issued a Federal Atlantic commercial shark vessel permit under § 635.4(e). (6) The smoothhound sharks listed in Section E of Table 1 of Appendix A to this part may be retained and are sub ject only to the size limits described in § 635.20(e)(5). (7) For persons on board vessels issued both a commercial shark permit and a permit with a shark endorse ment, the recreational retention limit and sale prohibition applies for shortfin mako sharks at all times, even when the commercial pelagic shark quota is open. If such vessels retain a shortfin mako shark under the rec reational retention limit, all other sharks retained by such vessels may only be retained under the applicable recreational retention limits and may not be sold. If a commercial Atlantic shark quota is closed under § 635.28(b), the recreational retention limit for sharks and no sale provision in para graph (a) of this section will be applied to persons aboard a vessel issued a Fed eral Atlantic commercial shark vessel permit under § 635.4(e), if that vessel has also been issued a permit with a shark endorsement under § 635.4(b) and is engaged in a for-hire fishing trip or is participating in a registered HMS tournament per § 635.4(c)(2). (8) At the start of each fishing year, the default shortfin mako shark reten tion limit of zero sharks per vessel per trip will apply. During the fishing year, NMFS may adjust the default shortfin mako shark trip limit per the inseason trip limit adjustment criteria listed in § 635.24(a)(8). Any retention within the trip limit is subject to the size limits described in § 635.20(e)(6). 549 Fishery Conservation and Management § 635.23 (d) Yellowfin tuna. Three yellowfin tunas per person per day may be re tained. 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 Atlan tic Tunas vessel permit under § 635.4(d). The recreational retention limit for yellowfin tuna applies to persons, in cluding captain and crew, aboard a ves sel that has been issued an Atlantic HMS Charter/Headboat permit under § 635.4(b) only when the vessel is en gaged in a for-hire trip. (e) Bluefin tuna. Refer to § 635.23 for Atlantic bluefin tuna recreational re tention limits. (f) North Atlantic swordfish. The rec reational retention limits for North Atlantic swordfish apply to persons who fish in any manner, except to per sons aboard a vessel that has been issued an HMS Charter/Headboat per mit with a commercial sale endorse ment under § 635.4(b) and only when on a non for-hire trip; a directed, inci dental 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). (1) When on a for-hire trip as defined at § 635.2, vessels issued an HMS Char ter/Headboat permit under § 635.4(b), that are charter boats as defined under § 600.10 of this chapter, may retain, pos sess, or land no more than one North Atlantic swordfish per paying pas senger and up to six North Atlantic swordfish per vessel per trip. When such vessels have been issued a com mercial sale endorsement and are on a non for-hire trip, they must comply with the commercial retention limits for swordfish specified at § 635.24(b)(4). (2) When on a for-hire trip as defined at § 635.2, vessels issued an HMS Char ter/Headboat permit under § 635.4(b), that are headboats as defined under § 600.10 of this chapter, may retain, pos sess, or land no more than one North Atlantic swordfish per paying pas senger and up to 15 North Atlantic swordfish per vessel per trip. When such vessels have been issued a com mercial sale endorsement and are on a non for-hire trip, they may land no more than the commercial retention limits for swordfish specified at § 635.24(b)(4). (3) Vessels issued an HMS Angling category permit under § 635.4(c), may retain, possess, or land no more than one North Atlantic swordfish per per son and up to four North Atlantic swordfish per vessel per trip. [64 FR 29135, May 28, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 635.22, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 635.23 Retention limits for bluefin tuna. The retention limits in this section are subject to the quotas and closure provisions in §§ 635.27 and 635.28. (a) General category. (1) No person aboard a vessel that has an Atlantic Tunas General category permit may possess, retain, land, or sell a BFT in the school, large school, or small me dium size class. (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 § 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 annu ally publish a schedule of RFDs in the FEDERAL REGISTER. (3) Regardless of the length of a trip, no more than a single day’s retention limit of large medium or giant BFT may be possessed or retained aboard a vessel that has an Atlantic Tunas Gen eral category permit. On days other than RFDs, when the General category is open, no person aboard such vessel may continue to fish, and the vessel must immediately proceed to port, once the applicable limit for large me dium or giant BFT is retained. (4) To provide for maximum utiliza tion of the quota for BFT, NMFS may 550 50 CFR Ch. VI (10–1–22 Edition) § 635.23 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 in crease 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 cal endar days after the date of filing with the Office of the Federal Register, ex cept 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). (b) Angling category. BFT may be re tained and landed under the daily lim its and quotas applicable to the An gling category by persons aboard ves sels issued an HMS Angling permit as follows: (1) Large medium and giant BFT. (i) No large medium or giant BFT may be re tained, possessed, landed, or sold in the Gulf of Mexico, except one per vessel per year may be landed if caught inci dentally to fishing for other species. (ii) One per vessel per year may be re tained, possessed, and landed outside the Gulf of Mexico. (iii) When a large medium or giant BFT has been caught and retained under this paragraph (b)(1), no person aboard the vessel may continue to fish, the vessel must immediately proceed to port, and no such BFT may be sold or transferred to any person for a com mercial purpose. (2) School, large school, or small me dium BFT. (i) No school, large school, or small medium BFT may be retained, possessed, landed, or sold in the Gulf of Mexico. (ii) One school, large school, or small medium BFT per vessel per day may be retained, possessed, or landed outside the Gulf of Mexico. Regardless of the length of a trip, no more than a single day’s allowable catch of school, large school, or small medium BFT may be possessed or retained. (3) Changes to retention limits. To pro vide for maximum utilization of the quota for BFT over the longest period of time, NMFS may increase or de crease the retention limit for any size class of BFT, or change a vessel trip limit to an angler trip limit and vice versa. Such increase or decrease in re tention limit will be based on the cri teria provided under § 635.27 (a)(8). The retention limits may be adjusted sepa rately for persons aboard a specific ves sel type, such as private vessels, headboats, or charter boats. NMFS will adjust the daily retention limit speci fied in paragraph (b)(2) of this section by filing an adjustment with the Office of the Federal Register for publication. In no case shall such adjustment be ef fective less than 3 calendar days after the date of filing with the Office of the Federal Register. (c) HMS Charter/Headboat. Persons aboard a vessel issued an HMS Charter/ Headboat permit may retain and land BFT under the daily limits and quotas applicable to the Angling category or the General category as follows: (1) When fishing in the Gulf of Mex ico, the restrictions and retention lim its applicable to the Angling category specified in paragraph (b)(1) of this sec tion apply. (2) When fishing other than in the Gulf of Mexico when the fishery for the General category is closed or on an RFD, the restrictions and retention limits applicable to the Angling cat egory specified in paragraphs (b)(1) through (b)(3) of this section apply. (3) When fishing other than in the Gulf of Mexico when the General cat egory fishery is open and not on an RFD, a person aboard a vessel that has been issued an HMS Charter/Headboat permit with a commercial sale endorse ment may fish under either the Gen eral category restrictions and reten tion limits as specified in paragraphs (a)(1) through (3) of this section or the Angling category restrictions and re tention limits as specified in para graphs (b)(1) through (3) of this section. The size category of the first BFT re tained will determine whether the Gen eral category or Angling category re strictions and retention limits apply to the vessel that day. (4) When fishing other than in the Gulf of Mexico when the General cat egory fishery is open and not on an 551 Fishery Conservation and Management § 635.23 RFD, a person aboard a vessel that has been issued an HMS Charter/Headboat permit without a commercial sale en dorsement permit may only fish for, possess, retain, or land BFT under the Angling category restrictions and re tention limits as specified in para graphs (b)(1) through (3) of this section. (d) Harpoon category. Persons aboard a vessel permitted in the Atlantic Tunas Harpoon category may retain, possess, or land an unlimited number of giant bluefin tuna per day. An inci dental catch of two large medium bluefin tuna per vessel per day may be retained, possessed, or landed, unless the retention limits is increased by NMFS through an inseason adjustment to three, or a maximum of four, large medium bluefin tuna per vessel per day, based upon the criteria under § 635.27(a)(8). NMFS will implement an adjustment via publication in the FED ERAL REGISTER. If adjusted upwards to three or four large medium bluefin tuna per vessel per day, NMFS may subsequently decrease the retention limit down to the default level of two, based on the criteria under § 635.27(a)(8). (e) Purse Seine category. Persons aboard a vessel permitted in the Atlan tic Tunas Purse Seine category may re tain giant bluefin tuna (81 inches and larger), and smaller bluefin, as re stricted by paragraphs (e)(1) and (2) of this section, up to the amount of indi vidual quota allocated under § 635.27(a)(4)(ii). Purse seine vessel own ers who, through landing and/or leas ing, have no remaining bluefin tuna quota allocation may not use their per mitted vessels in any fishery in which Atlantic bluefin tuna might be caught, regardless of whether bluefin tuna are retained, unless such vessel owners lease additional allocation through the Individual Bluefin Quota Allocation Leasing Program, under § 635.15(c). Per sons aboard a vessel permitted in the Atlantic Tunas Purse Seine category, (1) May retain, possess, land, or sell large medium bluefin in amounts not exceeding 15 percent, by weight, of the total amount of giant bluefin landed during that fishing year. (2) May retain, possess, or land bluefin smaller than the large medium size class that are taken incidentally when fishing for skipjack tuna in an amount not exceeding 1 percent, by weight, of the skipjack tuna and yel lowfin tuna landed on that trip. Land ings of bluefin smaller than the large medium size class may not be sold and are counted against the Purse Seine category bluefin quota allocated to that vessel. (3) May fish for yellowfin, bigeye, al bacore, or skipjack tuna at any time; however, landings of bluefin tuna taken incidental to fisheries targeting other Atlantic tunas or in any fishery in which bluefin tuna might be caught will be deducted from the individual vessel’s quota. (f) Longline category. Persons aboard a vessel permitted in the Atlantic Tunas Longline category are subject to the bluefin tuna retention restrictions in paragraphs (f)(1) and (2) of this sec tion. (1) A vessel fishing with pelagic longline gear may retain, possess, land and sell large medium and giant bluefin tuna taken incidentally when fishing for other species if in compli ance with all the IBQ requirements of § 635.15, including the requirement that a vessel may not declare into or depart on a fishing trip with pelagic longline onboard unless it has the required min imum bluefin tuna IBQ allocation re quired for the region where fishing ac tivity will occur. (2) A vessel with pelagic longline gear onboard must retain all dead bluefin tuna that are 73 inches or greater CFL. (g) Trap category. Persons aboard a vessel permitted in the Atlantic Tunas Trap category may retain, possess, land, and sell each fishing year only one large medium or giant BFT that is taken incidentally while fishing for other species with a pound net or fish weir. No other Atlantic tunas caught in a pound net or fish weir may be re tained. [64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 67 FR 77438, Dec. 18, 2002; 68 FR 32417, May 30, 2003; 68 FR 56788, Oct. 2, 2003; 68 FR 74511, Dec. 24, 2003; 69 FR 40758, July 6, 2004; 70 FR 10900, Mar. 7, 2005; 71 FR 58169, Oct. 2, 2006; 76 FR 39031, July 5, 2011; 76 FR 74009, Nov. 30, 2011; 79 FR 71601, Dec. 2, 2014; 82 FR 57550, Dec. 6, 2017; 83 FR 33156, July 17, 2018; 86 FR 43428, Aug. 9, 2021] 552 50 CFR Ch. VI (10–1–22 Edition) § 635.24 § 635.24 Commercial retention limits for sharks, swordfish, and BAYS tunas. The retention limits in this section are subject to the quotas and closure provisions in §§ 635.27 and 635.28, and the gear operation and deployment re strictions in § 635.21. (a) Sharks. (1) A person who owns or operates a vessel that has been issued a valid shark research permit under § 635.32(f) and who has a NMFS-ap proved observer on board may retain, possess, or land LCS, including sandbar sharks, in excess of the retention lim its in paragraphs (a)(2) through (6) of this section. The amount of LCS that can be landed by such a person will vary as specified on the shark research permit. Only a person who owns or op erates a vessel issued a valid shark re search permit with a NMFS-approved observer on board may retain, possess, or land sandbar sharks. (2) The commercial retention limit for LCS other than sandbar sharks for a person who owns or operates a vessel that has been issued a directed LAP for sharks and does not have a valid shark research permit, or a person who owns or operates a vessel that has been issued a directed LAP for sharks and that has been issued a shark research permit but does not have a NMFS-ap proved observer on board, may range between zero and 55 LCS other than sandbar sharks per vessel per trip if the respective LCS management group(s) is open per §§ 635.27 and 635.28. Such per sons may not retain, possess, or land sandbar sharks. At the start of each fishing year, the default commercial retention limit is 45 LCS other than sandbar sharks per vessel per trip un less NMFS determines otherwise and files with the Office of the Federal Reg ister for publication notification of an inseason adjustment. During the fish ing year, NMFS may adjust the reten tion limit per the inseason trip limit adjustment criteria listed in paragraph (a)(8) of this section. (3) A person who owns or operates a vessel that has been issued an inci dental LAP for sharks and does not have a valid shark research permit, or a person who owns or operates a vessel that has been issued an incidental LAP for sharks and that has been issued a valid shark research permit but does not have a NMFS-approved observer on board, may retain, possess, or land no more than 3 LCS other than sandbar sharks per vessel per trip if the respec tive LCS management group(s) is open per §§ 635.27 and 635.28. Such persons may not retain, possess, or land sand bar sharks. (4) Additional retention limits for sharks. (i) Except as provided in § 635.22(c)(7), a person who owns or op erates a vessel that has been issued a directed shark LAP may retain, pos sess, land, or sell pelagic sharks if the pelagic shark fishery is open per §§ 635.27 and 635.28. Shortfin mako sharks may be retained by persons aboard vessels using pelagic longline, bottom longline, or gillnet gear only if NMFS has adjusted the commercial re tention limit above zero pursuant to paragraph (a)(4)(v) of this section and only if the shark is dead at the time of haulback and consistent with the pro visions of §§ 635.21(c)(1), (d)(5), and (g)(6) and 635.22(c)(7). (ii) A person who owns or operates a vessel that has been issued a shark LAP and is operating south of 34°00′ N. lat. in the Atlantic region, as defined at § 635.27(b)(1), may retain, possess, land, or sell blacknose and non blacknose SCS if the respective blacknose and non-blacknose SCS man agement groups are open per §§ 635.27 and 635.28. Such persons may retain, possess, land, or sell no more than 8 blacknose sharks per vessel per trip. A person who owns or operates a vessel that has been issued a shark LAP and is operating north of 34°00′ N. lat. in the Atlantic region, as defined at § 635.27(b)(1), or a person who owns or operates a vessel that has been issued a shark LAP and is operating in the Gulf of Mexico region, as defined at § 635.27(b)(1), may not retain, possess, land, or sell any blacknose sharks, but may retain, possess, land, or sell non blacknose SCS if the respective non blacknose SCS management group is open per §§ 635.27 and 635.28. (iii) Consistent with paragraph (a)(4)(ii) of this section, a person who owns or operates a vessel that has been issued an incidental shark LAP may retain, possess, land, or sell no more 553 Fishery Conservation and Management § 635.24 than 16 SCS and pelagic sharks, com bined, per vessel per trip, if the respec tive fishery is open per §§ 635.27 and 635.28. Of those 16 SCS and pelagic sharks per vessel per trip, no more than 8 shall be blacknose sharks. Shortfin mako sharks may be retained under the commercial retention limits by persons using pelagic longline, bot tom longline, or gillnet gear only if NMFS has adjusted the commercial re tention limit above zero pursuant to paragraph (a)(4)(v) of this section and only if the shark is dead at the time of haulback and consistent with the pro visions at § 635.21(c)(1), (d)(5), and (g)(6). If the vessel has also been issued a per mit with a shark endorsement and re tains a shortfin mako shark, rec reational retention limits apply to all sharks retained and none may be sold, per § 635.22(c)(7). (iv) A person who owns, operates, or is aboard a vessel that has been issued an HMS Commercial Caribbean Small Boat permit may retain, possess, land, or sell any blacktip, bull, lemon, nurse, spinner, tiger, Atlantic sharpnose, bonnethead, finetooth, and smoothhound shark, subject to the HMS Commercial Caribbean Small Boat permit shark retention limit. A person who owns, operates, or is aboard a vessel that has been issued an HMS Commercial Caribbean Small Boat per mit may not retain, possess, land, or sell any hammerhead, blacknose, silky, sandbar, blue, thresher, oceanic whitetip, shortfin mako, or prohibited shark, including parts or pieces of these sharks. The shark retention limit for a person who owns, operates, or is aboard a vessel issued an HMS Com mercial Caribbean Small Boat permit will range from zero to three sharks per vessel per trip. At the start of each fishing year, the default shark trip limit will apply. During the fishing year, NMFS may adjust the default shark trip limit per the inseason trip limit adjustment criteria listed in paragraph (a)(8) of this section. The de fault shark retention limit for the HMS Commercial Caribbean Small Boat permit is three sharks per vessel per trip. (v) At the start of each fishing year, the default shortfin mako shark reten tion limit of zero sharks will apply. During the fishing year, NMFS may ad just the default shortfin mako shark trip limit per the inseason trip limit adjustment criteria listed in paragraph (a)(8) of this section. (5) A person who owns or operates a vessel that has been issued a Federal Atlantic commercial shark permit may not retain, possess, land, sell, or pur chase prohibited sharks, including any parts or pieces of prohibited sharks, which are listed in section D of Table 1 of Appendix A to this part under pro hibited sharks. (6) A person who owns or operates a vessel that has been issued a Federal Atlantic commercial shark permit, and who decides to retain sharks, must re tain, subject to the trip limits, all dead, legal-sized, non-prohibited sharks that are brought onboard the vessel and cannot replace those sharks with sharks of higher quality or size that are caught later in the trip. Any fish that are to be released cannot be brought onboard the vessel and must be released in the water in a manner that maximizes survival. (7) A person who owns or operates a vessel that has been issued a Federal commercial smoothhound permit may retain, possess, and land smoothhound sharks if the smoothhound fishery is open in accordance with §§ 635.27 and 635.28. Persons aboard a vessel in a trawl fishery that has been issued a Federal commercial smoothhound per mit and are in compliance with all other applicable regulations, may re tain, possess, land, or sell incidentally caught smoothhound sharks, but only up to an amount that does not exceed 25 percent, by weight, of the total catch on board and/or offloaded from the vessel. A vessel is in a trawl fishery when it has no commercial fishing gear other than trawls on board and when smoothhound sharks constitute no more than 25 percent by weight of the total catch on board or offloaded from the vessel. (8) Inseason trip limit adjustment cri teria. NMFS will file with the Office of the Federal Register for publication notification of any inseason adjust ments to trip limits by region or sub region. Before making any adjustment, NMFS will consider the following cri teria and other relevant factors: 554 50 CFR Ch. VI (10–1–22 Edition) § 635.24 (i) The amount of remaining shark quota in the relevant area, region, or sub-region, to date, based on dealer re ports; (ii) The catch rates of the relevant shark species/complexes in the region or sub-region, to date, based on dealer reports; (iii) Estimated date of fishery closure based on when the landings are pro jected to reach 80 percent of the quota given the realized catch rates and whether they are projected to reach 100 percent before the end of the fishing season; (iv) Effects of the adjustment on ac complishing the objectives of the 2006 Consolidated HMS FMP and its amend ments; (v) Variations in seasonal distribu tion, abundance, or migratory patterns of the relevant shark species based on scientific and fishery-based knowledge; (vi) Effects of catch rates in one part of a region or sub-region precluding vessels in another part of that region or sub-region from having a reasonable opportunity to harvest a portion of the relevant quota; and/or (vii) Any shark retention allowance set by ICCAT, the amount of remaining allowance, and the expected or re ported catch rates of the relevant shark species, based on dealer and other harvest reports. (9) Notwithstanding other provisions in this subsection, possession, reten tion, transshipment, landing, sale, or storage of silky sharks, oceanic whitetip sharks, and scalloped, smooth, and great hammerhead sharks is pro hibited on vessels issued a permit under this part that have pelagic longline gear on board or on vessels issued both an HMS Charter/Headboat permit and a commercial shark permit when tuna, swordfish or billfish are on board the vessel, offloaded from the vessel, or being offloaded from the ves sel. (10) Notwithstanding other provisions in this paragraph (a), vessels issued a permit under this part that have pe lagic longline gear on board or on ves sels issued both an HMS Charter/ Headboat permit and a commercial shark permit when tuna, swordfish, or billfish are on board the vessel, offloaded from the vessel, or being offloaded from the vessel, are required to release unharmed, to the extent practicable, porbeagle sharks that are alive at the time of haulback. (b) Swordfish. (1) Persons aboard a vessel that has been issued an inci dental LAP for swordfish may retain, possess, land, or sell no more than 30 swordfish per trip in or from the Atlan tic Ocean north of 5° N. lat. (2) Persons aboard a vessel in the squid trawl fishery that has been issued an Incidental HMS squid trawl permit may retain, possess, land, or sell no more than 15 swordfish per trip in or from the Atlantic Ocean north of 5° N. lat. A vessel is considered to be in the squid trawl fishery when it has no commercial fishing gear other than trawls on board and when squid con stitute not less than 75 percent by weight of the total fish on board or offloaded from the vessel. (3) A person who owns, operates, or is aboard a vessel that has been issued an HMS Commercial Caribbean Small Boat permit may retain, possess, land, or sell North Atlantic swordfish, sub ject to the HMS Commercial Caribbean Small Boat permit swordfish retention limit. The swordfish retention limit for a person who owns, operates, or is aboard a vessel issued an HMS Com mercial Caribbean Small Boat permit will range from 0 to 18 swordfish per vessel per trip. At the start of each fishing year, the default retention limit will apply. During the fishing year, NMFS may adjust the default re tention limit per the inseason regional retention limit adjustment criteria listed in paragraph (b)(5) of this sec tion. The default retention limit for the HMS Commercial Caribbean Small Boat permit is eighteen swordfish per vessel per trip. (4) A person who owns, operates, or is aboard a vessel that has been issued a Swordfish General Commercial permit or an HMS Charter/Headboat permit with a commercial sale endorsement (and only when on a non for-hire trip) are subject to the regional swordfish retention limits specified at paragraph (b)(4)(iii) of this section, which may be adjusted during the fishing year based upon the inseason regional retention limit adjustment criteria listed in paragraph (b)(5) of this section. 555 Fishery Conservation and Management § 635.25 (i) Regions. Regional retention limits for swordfish apply in four regions. For purposes of this section, these regions are: the Florida Swordfish Manage ment Area as defined in § 635.2; the Northwest Atlantic region (federal waters along the entire Atlantic coast of the United States north of 28°17′10″ N. latitude); the Gulf of Mexico region (any water located in the EEZ in the entire Gulf of Mexico west of 82° W. longitude); and the Caribbean region (the U.S. territorial waters within the Caribbean as defined in § 622.2 of this chapter). (ii) Vessels that have been issued a Swordfish General Commercial permit or an HMS Charter/Headboat permit with a commercial sale endorsement (and only when on a non for-hire trip), as a condition of these permits, may not possess, retain, or land any more swordfish than is specified for the re gion in which the vessel is located. (iii) Regional retention limits. The swordfish regional retention limits for each region will range from 0 to 18 swordfish per vessel per trip. At the start of each fishing year, the default regional retention limits will apply. During the fishing year, NMFS may ad just the default retention limits per the inseason regional retention limit adjustment criteria listed in paragraph (b)(5) of this section. The default reten tion limits for the regions set forth under paragraph (b)(4)(i) of this section are: (A) Zero swordfish per vessel per trip for the Florida Swordfish Management Area; (B) Eighteen swordfish per vessel per trip for the Caribbean region; (C) Eighteen swordfish per vessel per trip for the Northwest Atlantic region; and (D) Eighteen swordfish per vessel per trip for the Gulf of Mexico region. (5) NMFS will file with the Office of the Federal Register for publication notification of any inseason adjust ments to the default swordfish reten tion limits specified at paragraphs (b)(3) and (b)(4)(iii) of this section. Be fore making any inseason adjustments to swordfish retention limits, NMFS will consider the following criteria and other relevant factors: (i) The usefulness of information ob tained from biological sampling and monitoring of the North Atlantic swordfish stock; (ii) The estimated ability of vessels participating in the fishery to land the amount of swordfish quota available before the end of the fishing year; (iii) The estimated amounts by which quotas for other categories of the fish ery might be exceeded; (iv) Effects of the adjustment on ac complishing the objectives of the fish ery management plan and its amend ments; (v) Variations in seasonal distribu tion, abundance, or migration patterns of swordfish; (vi) Effects of catch rates in one re gion precluding vessels in another re gion from having a reasonable oppor tunity to harvest a portion of the over all swordfish quota; and (vii) Review of dealer reports, land ing trends, and the availability of swordfish on the fishing grounds. (c) BAYS tunas. Persons aboard a vessel that has been issued an HMS Commercial Caribbean Small Boat per mit under § 635.4 may retain, possess, land, or sell no more than 10 BAYS tunas per vessel per trip. [64 FR 29135, May 28, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 635.24, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 635.25 Fishing areas. (a) General. Persons on board fishing vessels subject to the jurisdiction of the United States are authorized to fish for, catch, retain, or land species governed by an international catch sharing agreement implemented under this part only in or from those manage ment areas for which the United States has received an allocation. (b) Exemptions. Persons and vessels subject to the jurisdiction of the United States intending to fish for reg ulated species in fishing areas not oth erwise authorized under this part, whether for the purposes of scientific research or commercial fishing under a chartering arrangement, must have a permit from NMFS issued under § 635.32. 556 50 CFR Ch. VI (10–1–22 Edition) § 635.26 (c) Atlantic bluefin tuna. No person aboard a U.S. fishing vessel shall fish for bluefin tuna in, or possess on board that fishing vessel a bluefin tuna taken from, the Mediterranean Sea. [67 FR 70026, Nov. 20, 2002] § 635.26 Catch and release. (a) BFT. (1) Notwithstanding the other provisions of this part, a person aboard a vessel issued a permit under this part, other than a person aboard a vessel permitted in the General cat egory on a designated RFD, may fish with rod and reel or handline gear for BFT under a catch-and-release or tag and-release program. When fishing under a tag-and-release program, vessel owner/operators should use tags issued or approved by NMFS. If a BFT is tagged, the tag information, including information on any previously applied tag remaining on the fish, must be re ported to NMFS. All BFT caught under the catch-and-release or tag-and-re lease programs must be returned to the sea immediately with a minimum of injury. (2) Persons may obtain NMFS-issued conventional tags, reporting cards, and detailed instructions for their use from the NMFS Cooperative Tagging Center. Persons may use a conventional tag ob tained from a source other than NMFS to tag BFT, provided the use of such tags is registered each year with the Cooperative Tagging Center and the NMFS program manager has approved the use of a conventional tag from that source. An angler using an alternative source of tags wishing to tag BFT may contact the NMFS Cooperative Tag ging Center at the Southeast Fishery Science Center. (3) An angler registering for the HMS tagging program is required to provide his or her name, address, phone number and, if applicable, the identity of the alternate source of tags. (b) Billfish. NMFS is encouraging fur ther catch and release of Atlantic bill fish by establishing a recreational catch-and-release fishery management program, consistent with the guidance of § 600.350(c). (c) Sharks. Notwithstanding the other provisions of this part, a person may fish for white sharks (Carcharodon carcharias) with rod and reel, provided the person releases such fish to the sea immediately with a minimum of in jury, and that such fish may not be re moved from the water. [64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 70 FR 10900, Mar. 7, 2005] § 635.27 Quotas. (a) Bluefin tuna. Consistent with ICCAT recommendations, and with paragraph (a)(10)(iv) of this section, NMFS may subtract the most recent, complete, and available estimate of dead discards from the annual U.S. bluefin tuna quota, and make the re mainder available to be retained, pos sessed, or landed by persons and vessels subject to U.S. jurisdiction. The re maining baseline annual U.S. bluefin tuna quota will be allocated among the General, Angling, Harpoon, Purse Seine, Longline, Trap, and Reserve cat egories, as described in this section. Bluefin tuna quotas are specified in whole weight. The baseline annual U.S. bluefin tuna quota is 1,316.14 mt, not including an additional annual 25-mt allocation provided in paragraph (a)(3) of this section. The bluefin quota for the quota categories is calculated through the following process. First, 68 mt is subtracted from the baseline an nual U.S. bluefin tuna quota and allo cated to the Longline category quota. Second, the remaining quota is divided among the categories according to the following percentages: General—47.1 percent (587.9 mt); Angling—19.7 per cent (245.9 mt), which includes the school bluefin tuna held in reserve as described under paragraph (a)(7)(ii) of this section; Harpoon—3.9 percent (48.7 mt); Purse Seine—18.6 percent (232.2 mt); Longline—8.1 percent (101.1) plus the 68-mt allocation (i.e., 169.1 mt total not including the 25-mt allocation from paragraph (a)(3)); Trap—0.1 percent (1.2 mt); and Reserve—2.5 percent (31.2 mt). NMFS may make inseason and annual adjustments to quotas as specified in paragraphs (a)(9) and (10) of this sec tion, including quota adjustments as a result of the annual reallocation of Purse Seine quota described under paragraph (a)(4)(v) of this section. (1) General category quota. (i) Catches from vessels for which General cat egory Atlantic Tunas permits have 557 Fishery Conservation and Management § 635.27 been issued and certain catches from vessels for which an HMS Charter/ Headboat permit has been issued are counted against the General category quota in accordance with § 635.23(c)(3). Pursuant to paragraph (a) of this sec tion, the amount of large medium and giant bluefin tuna that may be caught, retained, possessed, landed, or sold under the General category quota is 587.9 mt, and is apportioned as follows, unless modified as described under paragraph (a)(1)(ii) of this section: (A) January 1 through the effective date of a closure notice filed by NMFS announcing that the January subquota is reached, or projected to be reached under § 635.28(a)(1), or through March 31, whichever comes first—5.3 percent (31.2 mt); (B) June 1 through August 31—50 per cent (293.9 mt); (C) September 1 through September 30—26.5 percent (155.8 mt); (D) October 1 through November 30— 13 percent (76.4 mt); and (E) December 1 through December 31—5.2 percent (30.6 mt). (ii) NMFS may adjust each period’s apportionment based on overharvest or underharvest in the prior period, and may transfer subquota from one time period to another time period, earlier in the year, through inseason action or annual specifications. For example, subquota could be transferred from the December 1 through December 31 time period to the January time period; or from the October 1 through November 30 time period to the September time period. This inseason adjustment may occur prior to the start of that year. In other words, although subject to the inseason criteria under paragraph (a)(8) of this section, the adjustment could occur prior to the start of the fishing year. For example, an inseason action transferring the 2016 December 1 through December 31 time period subquota to the 2016 January 1 time pe riod subquota could be filed in 2015. (iii) When the General category fish ery has been closed in any quota period specified under paragraph (a)(1)(i) of this section, NMFS will publish a clo sure action as specified in § 635.28. The subsequent time-period subquota will automatically open in accordance with the dates specified under paragraph (a)(1)(i) of this section. (2) Angling category quota. In accord ance with the framework procedures of the Consolidated HMS FMP, prior to each fishing year, or as early as fea sible, NMFS will establish the Angling category daily retention limits. In ac cordance with paragraph (a) of this sec tion, the total amount of bluefin tuna that may be caught, retained, pos sessed, and landed by anglers aboard vessels for which an HMS Angling per mit or an HMS Charter/Headboat per mit has been issued is 245.9 mt. No more than 2.3 percent (5.7 mt) of the annual Angling category quota may be large medium or giant bluefin tuna. In addition, no more than 10 percent of the annual U.S. bluefin tuna quota, in clusive of the allocation specified in paragraph (a)(3) of this section, may be school bluefin tuna (i.e., 134.1 mt). The Angling category quota includes the amount of school bluefin tuna held in reserve under paragraph (a)(7)(ii) of this section. The size class subquotas for bluefin tuna are further subdivided as follows: (i) After adjustment for the school bluefin tuna quota held in reserve (under paragraph (a)(7)(ii) of this sec tion), 52.8 percent (57.7 mt) of the school bluefin tuna Angling category quota may be caught, retained, pos sessed, or landed south of 39°18′ N lat. The remaining school bluefin tuna An gling category quota (51.6 mt) may be caught, retained, possessed or landed north of 39°18′ N lat. (ii) An amount equal to 52.8 percent (56 mt) of the large school/small me dium bluefin tuna Angling category quota may be caught, retained, pos sessed, or landed south of 39°18′ N lat. The remaining large school/small me dium bluefin tuna Angling category quota (50.1 mt) may be caught, re tained, possessed or landed north of 39°18′ N lat. (iii) One third (1.9 mt) of the large medium and giant bluefin tuna Angling category quota may be caught re tained, possessed, or landed, in each of the three following geographic areas: North of 39°18′ N lat.; south of 39°18′ N lat., and outside of the Gulf of Mexico; 558 50 CFR Ch. VI (10–1–22 Edition) § 635.27 and in the Gulf of Mexico. For the pur poses of this section, the Gulf of Mex ico region includes all waters of the U.S. EEZ west and north of the bound ary stipulated at 50 CFR 600.105(c). (3) Longline category quota. Pursuant to paragraph (a) of this section, the total amount of large medium and giant bluefin tuna that may be caught, discarded dead, or retained, possessed, or landed by vessels that possess Atlan tic Tunas Longline category permits is 169.1 mt. In addition, 25 mt shall be al located for incidental catch by pelagic longline vessels fishing in the North east Distant gear restricted area, and subject to the restrictions under § 635.15(b)(8). (4) Purse Seine category quota—(i) Baseline Purse Seine quota. Pursuant to this paragraph (a), the baseline amount of large medium and giant bluefin tuna that may be caught, retained, pos sessed, or landed by vessels that pos sess Atlantic Tunas Purse Seine cat egory permits is 232.2 mt, unless ad justed as a result of inseason and/or an nual adjustments to quotas as specified in paragraphs (a)(9) and (10) of this sec tion; or adjusted (prior to allocation to individual participants) based on the previous year’s catch as described under paragraph (a)(4)(v) of this sec tion. Annually, NMFS will make a de termination when the Purse Seine fish ery will start, based on variations in seasonal distribution, abundance or mi gration patterns of bluefin tuna, cumu lative and projected landings in other commercial fishing categories, the po tential for gear conflicts on the fishing grounds, or market impacts due to oversupply. NMFS will start the bluefin tuna purse seine season be tween June 1 and August 15, by filing an action with the Office of the Federal Register, and notifying the public. The Purse Seine category fishery closes on December 31 of each year. (ii) Allocation of bluefin quota to Purse Seine category participants. Annually, NMFS will make equal allocations of the baseline Purse Seine category quota described under paragraph (a)(4)(i) of this section to individual Purse Seine participants (i.e., 36.9 mt each), then make further determina tions regarding the allocations per paragraph (a)(4)(v) of this section. Allo cations of individual bluefin quota to individual Purse Seine participants may only be transferred through leas ing in accordance with procedures and requirements at § 635.15(c) and other re quirements under this paragraph (a)(4). (iii) Duration. Bluefin tuna quota al location issued under this section is valid for the relevant fishing year un less it is revoked, suspended, or modi fied or unless the Atlantic Tunas Purse Seine category quota is closed per § 635.28(a). (iv) Unused bluefin allocation. Any quota allocation that is unused at the end of the fishing year may not be car ried forward by a Purse Seine partici pant to the following year, but would remain associated with the Purse Seine category as a whole, and subject to the quota regulations under § 635.27, includ ing annual quota adjustments. (v) Annual reallocation of Atlantic Tunas Purse Seine category quota. (A) By the end of each year, NMFS will deter mine the amount of quota available to each Atlantic Tunas Purse Seine cat egory participant for the upcoming fishing year, based on his/her bluefin catch (landings and dead discards). Specifically, NMFS will allocate each Atlantic Tunas Purse Seine category participant either 100 percent, 75 per cent, 50 percent, or 25 percent of his/her individual baseline quota allocation, described in paragraph (a)(4)(ii) of this section, according to the following cri teria: if the Purse Seine participant’s catch in year one ranges from 0 to 20 percent of his/her individual baseline quota allocation, as described under paragraph (a)(4)(ii) of this section, the Purse Seine category participant would be allocated 25 percent of his/her indi vidual baseline quota allocation in year two, and 75 percent of his/her indi vidual allocation would be reallocated to the Reserve category for that year. Similarly, if the Purse Seine partici pant’s catch in year one is from greater than 20 percent up to 45 percent of his/ her individual baseline quota alloca tion, that Purse Seine category partici pant would be allocated 50 percent of his/her individual baseline quota allo cation in year two, and 50 percent of his/her individual allocation would be reallocated to the Reserve category for 559 Fishery Conservation and Management § 635.27 that year. If the Purse Seine partici pant’s catch in year one is from greater than 45 percent up to 70 percent of his/ her individual baseline quota alloca tion, that Purse Seine category partici pant would be allocated 75 percent of his/her individual baseline quota allo cation in year two, and 25 percent of his/her individual allocation would be transferred to the Reserve category for that year. If the Purse Seine partici pant’s catch in year one is greater than 70 percent of his/her individual baseline quota allocation, that Purse Seine cat egory participant would be allocated 100 percent of his/her individual base line quota allocation in year two, and no quota would be transferred to the Reserve category for that year. These criteria would apply following the same pattern in years two and beyond. (B) Purse Seine category participants may only lease to eligible IBQ partici pants allocated quota available to them that year, consistent with the purse seine allocation availability pro visions in this section. For example, if a Purse Seine category participant was allocated 50 percent of his/her baseline quota, he/she would be able to catch and/or lease that allocation to an eligi ble IBQ participant. The individual participant’s remaining baseline quota would not be available to lease but would be transferred to the Reserve category. Allocation of less than 100% of a participant’s baseline quota (i.e., 25 percent, 50 percent, or 75 percent) does not preclude the participant from leas ing additional quota, as needed, con sistent with § 635.15(c). (C) NMFS will inform each Atlantic Tunas Purse Seine category partici pant annually of its determination re garding the amount of individual quota allocated for the subsequent year through the electronic IBQ system es tablished under § 635.15 and in writing via a permit holder letter, when NMFS has the complete catch data for the Purse Seine fishery. (5) Harpoon category quota. The total amount of large medium and giant bluefin tuna that may be caught, re tained, possessed, landed, or sold by vessels that possess Harpoon category Atlantic Tunas permits is 48.7 mt. The Harpoon category fishery commences on June 1 of each year, and closes on November 15 of each year. (6) Trap category quota. The total amount of large medium and giant bluefin tuna that may be caught, re tained, possessed, or landed by vessels that possess Trap category Atlantic Tunas permits is 1.2 mt. (7) Reserve category quota. (i) The total amount of bluefin tuna that is held in reserve for inseason or annual adjustments and research using quota or subquotas is 31.2 mt, which may be augmented by allowable underharvest from the previous year, or annual re allocation of Purse Seine category quota as described under paragraph (a)(4)(v) of this section. Consistent with paragraphs (a)(8) through (10) of this section, NMFS may allocate any por tion of the Reserve category quota for inseason or annual adjustments to any fishing category quota. (ii) The total amount of school bluefin tuna that is held in reserve for inseason or annual adjustments and fishery-independent research is 18.5 percent (24.8 mt) of the total school bluefin tuna Angling category quota as described under paragraph (a)(2) of this section. This amount is in addition to the amounts specified in this para graph (a)(7)(i). Consistent with para graph (a)(8) of this section, NMFS may allocate any portion of the school bluefin tuna Angling category quota held in reserve for inseason or annual adjustments to the Angling category. (8) Determination criteria. NMFS will file with the Office of the Federal Reg ister for publication notification of any inseason or annual adjustments. Before making any adjustment, NMFS will consider the following criteria and other relevant factors: (i) The usefulness of information ob tained from catches in the particular category for biological sampling and monitoring of the status of the stock. (ii) The catches of the particular cat egory quota to date and the likelihood of closure of that segment of the fish ery if no adjustment is made. (iii) The projected ability of the ves sels fishing under the particular cat egory quota to harvest the additional amount of BFT before the end of the fishing year. 560 50 CFR Ch. VI (10–1–22 Edition) § 635.27 (iv) The estimated amounts by which quotas for other gear categories of the fishery might be exceeded. (v) Effects of the adjustment on BFT rebuilding and overfishing. (vi) Effects of the adjustment on ac complishing the objectives of the fish ery management plan. (vii) Variations in seasonal distribu tion, abundance, or migration patterns of BFT. (viii) Effects of catch rates in one area precluding vessels in another area from having a reasonable opportunity to harvest a portion of the category’s quota. (ix) Review of dealer reports, daily landing trends, and the availability of the BFT on the fishing grounds. (x) Optimize fishing opportunity. (xi) Account for dead discards. (xii) Facilitate quota accounting. (xiii) Support other fishing moni toring programs through quota alloca tions and/or generation of revenue. (xiv) Support research through quota allocations and/or generation of rev enue. (9) Inseason adjustments. To be effec tive for all, or a part of a fishing year, NMFS may transfer quotas specified under this section, among fishing cat egories or, as appropriate, subcat egories, based on the criteria in para graph (a)(8) of this section. (10) Annual adjustments. (i) Adjust ments to category quotas specified under paragraphs (a) (1) through (7) of this section may be made in accord ance with the restrictions of this para graph and ICCAT recommendations. Based on landing, catch statistics, other available information, and in consideration of the criteria in para graph (a)(8) of this section, if NMFS de termines that a bluefin quota for any category or, as appropriate, sub category has been exceeded (overhar vest), NMFS may subtract all or a por tion of the overharvest from that quota category or subcategory for the fol lowing fishing year. If NMFS deter mines that a bluefin quota for any cat egory or, as appropriate, subcategory has not been reached (underharvest), NMFS may add all or a portion of the underharvest to, that quota category or subcategory, and/or the Reserve cat egory for the following fishing year. The underharvest that is carried for ward may not exceed 100 percent of each category’s baseline allocation specified in paragraph (a) of this sec tion, and the total of the adjusted fish ing category quotas and the Reserve category quota are consistent with ICCAT recommendations. Although quota may be carried over for the Longline or Purse Seine categories as a whole (at the category level), indi vidual fishery participants that have been allocated individual quota may not carry over such quota from one year to the next, as specified under § 635.15(b)(6) and (7) for the pelagic longline fishery, and under paragraph (a)(4)(iv) of this section for the purse seine fishery. (ii) NMFS may allocate any quota re maining in the Reserve category at the end of a fishing year to any fishing cat egory, provided such allocation is con sistent with the determination criteria specified in paragraph (a)(8) of this sec tion. (iii) Regardless of the estimated landings in any year, NMFS may ad just the annual school bluefin tuna quota to ensure compliance with the ICCAT-recommended procedures for addressing overharvest of school bluefin tuna. (iv) NMFS may subtract the best available estimate of dead discards from the amount of BFT that can be landed in the subsequent fishing year by those categories accounting for the dead discards. (v) NMFS will file any annual adjust ment with the Office of the Federal Register for publication and specify the basis for any quota reductions or in creases made pursuant to this para graph (a)(10). (b) Sharks—(1) Commercial quotas. The commercial quotas for sharks specified in this section apply to all sharks har vested from the management unit, re gardless of where harvested. Sharks caught and landed commercially from state waters, even by fishermen with out Federal shark permits, must be counted against the appropriate com mercial quota. Any of the base quotas listed below, including regional and/or sub-regional base quotas, may be ad justed per paragraph (b)(2) of this sec tion. Any sharks landed commercially 561 Fishery Conservation and Management § 635.27 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 author ized under § 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 main land at 25°20.4′ N. lat., proceeding due east. Any water and land to the south and west of that boundary is consid ered, for the purposes of quota moni toring 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. (i) Commercial quotas that apply only in the Atlantic Region. The commercial quotas specified in this paragraph (b)(1)(i) apply only to those species of sharks and management groups within the management unit that were har vested in the Atlantic region, as de fined in paragraph (b)(1) of this section. (A) Atlantic aggregated LCS. The base annual commercial quota for Atlantic aggregated LCS is 168.9 mt dw. (B) Atlantic hammerhead sharks. The regional base annual commercial quota for hammerhead sharks caught in the Atlantic region is 27.1 mt dw (51.7% of the overall base quota established in paragraph (b)(1)(iii) of this section). (C) Atlantic non-blacknose SCS. The base annual commercial quota for At lantic non-blacknose SCS is 264.1 mt dw. (D) Atlantic blacknose sharks. The base annual commercial quota for Atlantic blacknose sharks is 17.2 mt dw. Blacknose sharks may only be har vested for commercial purposes in the Atlantic region south of 34°00′ N. lat. The harvest of blacknose sharks by persons aboard a vessel that has been issued or should have been issued a shark LAP and that is operating north of 34°00′ N. lat. is prohibited. (E) Atlantic smoothhound sharks. The base annual commercial quota for At lantic smoothhound sharks is 1,201.7 mt dw. (ii) Commercial quotas that apply only in the Gulf of Mexico Region. The com mercial quotas specified in this para graph (b)(1)(ii) apply only to those spe cies of sharks and management groups within the management unit that were harvested in the Gulf of Mexico region, as defined in paragraph (b)(1) of this section. The Gulf of Mexico region is further split into western and eastern Gulf of Mexico sub-regions by a bound ary that is drawn along 88°00′ W. long. All sharks harvested within the Gulf of Mexico region in fishing catch areas in waters westward of 88°00′ W. long. are considered to be from the western Gulf of Mexico sub-region, and all sharks harvested within the Gulf of Mexico re gion in fishing catch areas in waters east of 88°00′ W. long., including within the Caribbean Sea, are considered to be from the eastern Gulf of Mexico sub-re gion. (A) Gulf of Mexico aggregated LCS. The base annual commercial quota for Gulf of Mexico aggregated LCS is 157.5 mt dw. The eastern Gulf of Mexico sub-re gion base quota is 85.5 mt dw (54.3% of the Gulf of Mexico region base quota) and the western Gulf of Mexico sub-re gion base quota is 72.0 mt dw (45.7% of the Gulf of Mexico region base quota). (B) Gulf of Mexico hammerhead sharks. The regional base annual commercial quota for hammerhead sharks caught in the Gulf of Mexico region is 25.3 mt dw (48.3% of the overall base quota es tablished in paragraph (b)(1)(iii) of this section). The eastern Gulf of Mexico sub-region base quota is 13.4 mt dw (52.8% of this regional base quota) and the western Gulf of Mexico sub-region base quota is 11.9 mt dw (47.2% of this regional base quota). (C) Gulf of Mexico blacktip sharks. The base annual commercial quota for Gulf of Mexico blacktip sharks is 256.6 mt dw. The eastern Gulf of Mexico sub-re gion base quota is 25.1 mt dw (9.8% of the Gulf of Mexico region base quota) and the western Gulf of Mexico sub-re gion base quota is 231.5 mt dw (90.2% of the Gulf of Mexico region base quota). (D) Gulf of Mexico non-blacknose SCS. The base annual commercial quota for 562 50 CFR Ch. VI (10–1–22 Edition) § 635.27 Gulf of Mexico non-blacknose SCS is 112.6 mt dw. This base quota is not split between the eastern and western Gulf of Mexico sub-regions. (E) Gulf of Mexico blacknose sharks. The base annual commercial quota for Gulf of Mexico blacknose sharks is 0.0 mt dw. The harvest of blacknose sharks by persons aboard a vessel that has been issued or should have been issued a shark LAP and that is oper ating in the Gulf of Mexico region is prohibited. (F) Gulf of Mexico smoothhound sharks. The base annual commercial quota for Gulf of Mexico smoothhound sharks is 336.4 mt dw. (iii) Commercial quotas that apply in all regions. The commercial quotas specified in this section apply to any sharks or management groups within the management unit that were har vested in either the Atlantic or Gulf of Mexico regions. (A) Sandbar sharks. The base annual commercial quota for sandbar sharks is 90.7 mt dw. This quota, as adjusted per paragraph (b)(2) of this section, is available only to the owners of com mercial shark vessels that have been issued a valid shark research permit and that have a NMFS-approved ob server onboard. (B) Research LCS. The base annual commercial quota for Research LCS is 50 mt dw. This quota, as adjusted per paragraph (b)(2) of this section, is available only to the owners of com mercial shark vessels that have been issued a valid shark research permit and that have a NMFS-approved ob server onboard. (C) Hammerhead sharks. The overall base annual commercial quota for hammerhead sharks is 52.4 mt dw. This overall base quota is further split for management purposes between the re gions defined in paragraphs (b)(1)(i) and (ii) of this section. (D) Pelagic sharks. The base annual commercial quotas for pelagic sharks are 273.0 mt dw for blue sharks, 1.7 mt dw for porbeagle sharks, and 488.0 mt dw for pelagic sharks other than blue sharks or porbeagle sharks. (2) Annual and inseason adjustments of commercial quotas. NMFS will publish in the FEDERAL REGISTER any annual or inseason adjustments to the base an nual commercial overall, regional, or sub-regional quotas. No quota will be available, and the fishery will not open, until any adjustments are pub lished in the FEDERAL REGISTER and ef fective. Within a fishing year or at the start of a fishing year, NMFS may transfer quotas between regions and sub-regions of the same species or man agement group, as appropriate, based on the criteria in paragraph (b)(2)(iii) of this section. (i) Annual overharvest adjustments— (A) Adjustments of annual overall and re gional base quotas. Except as noted in this section, if any of the available commercial base or adjusted overall quotas or regional quotas, as described in this section, is exceeded in any fish ing year, NMFS will deduct an amount equivalent to the overharvest(s) from the base overall or regional quota the following fishing year or, depending on the level of overharvest(s), NMFS may deduct from the overall or regional base quota an amount equivalent to the overharvest(s) spread over a num ber of subsequent fishing years to a maximum of five years. If the blue shark quota is exceeded, NMFS will re duce the annual commercial quota for pelagic sharks by the amount that the blue shark quota is exceeded prior to the start of the next fishing year or, depending on the level of overhar vest(s), deduct an amount equivalent to the overharvest(s) spread over a number of subsequent fishing years to a maximum of five years. (B) Adjustments to sub-regional quotas. If a sub-regional quota is exceeded but the regional quota is not, NMFS will not reduce the annual regional base quota the following year and sub-re gional quotas will be determined as specified in paragraph (b)(1) of this sec tion. If both a sub-regional quota(s) and the regional quota are exceeded, for each sub-region in which an over harvest occurred, NMFS will deduct an amount equivalent to that sub-region’s overharvest from that sub-region’s quota the following fishing year or, de pending on the level of overharvest, NMFS may deduct from that sub-re gion’s base quota an amount equiva lent to the overharvest spread over a number of subsequent fishing years to a maximum of five years. 563 Fishery Conservation and Management § 635.27 (C) Adjustments to quotas when the spe cies or management group is split into re gions or sub-regions for management pur poses and not as a result of a stock assess ment. If a regional quota for a species that is split into regions for manage ment purposes only is exceeded but the overall quota is not, NMFS will not re duce the overall base quota for that species or management group the fol lowing year and the regional quota will be determined as specified in paragraph (b)(1) of this section. If both a regional quota(s) and the overall quota is ex ceeded, for each region in which an overharvest occurred, NMFS will de duct an amount equivalent to that re gion’s overharvest from that region’s quota the following fishing year or, de pending on the level of overharvest(s), NMFS may deduct from that region’s base quota an amount equivalent to the overharvest spread over a number of subsequent fishing years to a max imum of five years. If a sub-regional quota of a species or management group that is split into regions for management purposes only is exceeded, NMFS will follow the procedures speci fied in paragraph (b)(2)(i)(B) of this sec tion. (ii) Annual underharvest adjustments. Except as noted in this paragraph (b)(2)(ii), if any of the annual base or adjusted quotas, including regional quotas, as described in this section is not harvested, NMFS may adjust the annual base quota, including regional quotas, depending on the status of the stock or management group. If a spe cies or a specific species within a man agement group is declared to be over fished, to have overfishing occurring, or to have an unknown status, NMFS may not adjust the following fishing year’s base quota, including regional quota, for any underharvest, and the following fishing year’s quota will be equal to the base annual quota. If the species or all species in a management group is not declared to be overfished, to have overfishing occurring, or to have an unknown status, NMFS may increase the following year’s base an nual quota, including regional quota, by an equivalent amount of the under harvest up to 50 percent above the base annual quota. Except as noted in para graph (b)(2)(iii) of this section, under harvests are not transferable between regions, species, and/or management groups. (iii) Determination criteria for inseason and annual quota transfers between re gions and sub-regions. Inseason or an nual quota transfers of quotas between regions or sub-regions may be con ducted only for species or management groups where the species are the same between regions or sub-regions and the quota is split between regions or sub regions for management purposes and not as a result of a stock assessment. Before making any inseason or annual quota transfer between regions or sub regions, NMFS will consider the fol lowing criteria and other relevant fac tors: (A) The usefulness of information ob tained from catches in the particular management group for biological sam pling and monitoring of the status of the respective shark species and/or management group; (B) The catches of the particular spe cies and/or management group quota to date and the likelihood of closure of that segment of the fishery if no ad justment is made; (C) The projected ability of the ves sels fishing under the particular spe cies and/or management group quota to harvest the additional amount of cor responding quota before the end of the fishing year; (D) Effects of the adjustment on the status of all shark species; (E) Effects of the adjustment on ac complishing the objectives of the fish ery management plan; (F) Variations in seasonal distribu tion, abundance, or migration patterns of the appropriate shark species and/or management group; (G) Effects of catch rates in one area precluding vessels in another area from having a reasonable opportunity to harvest a portion of the quota; and/or (H) Review of dealer reports, daily landing trends, and the availability of the respective shark species and/or management group on the fishing grounds. (3) Opening commercial fishing season criteria. NMFS will file with the Office of the Federal Register for publication notification of the opening dates of the overall, regional, and sub-regional 564 50 CFR Ch. VI (10–1–22 Edition) § 635.27 shark fisheries for each species and management group. Before making any decisions, NMFS would consider the following criteria and other relevant factors in establishing the opening dates: (i) The available annual quotas for the current fishing season for the dif ferent species/management groups based on any over- and/or underhar vests experienced during the previous commercial shark fishing seasons; (ii) Estimated season length based on available quota(s) and average weekly catch rates of different species and/or management group from the previous years; (iii) Length of the season for the dif ferent species and/or management group in the previous years and wheth er fishermen were able to participate in the fishery in those years; (iv) Variations in seasonal distribu tion, abundance, or migratory patterns of the different species/management groups based on scientific and fishery information; (v) Effects of catch rates in one part of a region precluding vessels in an other part of that region from having a reasonable opportunity to harvest a portion of the different species and/or management quotas; (vi) Effects of the adjustment on ac complishing the objectives of the 2006 Consolidated HMS FMP and its amend ments; and/or, (vii) Effects of a delayed opening with regard to fishing opportunities in other fisheries. (4) Public display and non-specific re search quotas. All sharks collected under the authority of a display permit or EFP, subject to restrictions at § 635.32, will be counted against the fol lowing: (i) The base annual quota for persons who collect LCS other than sandbar, SCS, pelagic sharks other than shortfin mako, blue sharks, porbeagle sharks, or prohibited species under a display permit or EFP is 57.2 mt ww (41.2 mt dw). (ii) The base annual quota for persons who collect sandbar sharks under a dis play permit is 1.4 mt ww (1.0 mt dw) and under an EFP is 1.4 mt ww (1.0 mt dw). (iii) No persons may collect dusky sharks under a display permit. Collec tion of dusky sharks for research under EFPs and/or SRPs may be considered on a case-by-case basis and any associ ated mortality would be deducted from the shark research and display quota. (iv) The base annual quota for per sons who collect smoothhound sharks under a display permit or EFP is 6 mt ww (4.3 mt dw). (v) No persons may collect shortfin mako sharks under a display permit. Collection of shortfin mako sharks for research under EFPs and/or SRPs may be considered on a case-by-case basis and any associated mortality would be deducted from the shark research and display quota if shortfin mako shark retention is otherwise prohibited or counted against U.S. allowable reten tion levels established at ICCAT when retention is allowed. (c) Swordfish—(1) Categories. Con sistent with ICCAT recommendations, the fishing year’s total amount of swordfish that may be caught, re tained, possessed, or landed by persons and vessels subject to U.S. jurisdiction is divided into quotas for the North At lantic swordfish stock and the South Atlantic swordfish stock. The quota for the North Atlantic swordfish stock is further divided into equal semi-annual directed fishery quotas, an annual inci dental catch quota for fishermen tar geting other species or taking sword fish recreationally, and a reserve cat egory. (i) North Atlantic swordfish. (A) A swordfish from the North Atlantic stock caught prior to the directed fish ery closure by a vessel for which a di rected swordfish LAP, a swordfish handgear LAP, an HMS Commercial Caribbean Small Boat permit, a Sword fish General Commercial open access permit, or an HMS Charter/Headboat permit with a commercial sale endorse ment (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 base line annual fishery quota, before any adjustments, is 2,937.6 mt dw for each fishing year. Consistent with applica ble ICCAT recommendations, a portion of the total baseline annual fishery 565 Fishery Conservation and Management § 635.27 quota may be used for transfers to an other ICCAT contracting party. The annual directed category quota is cal culated by adjusting for over- or under harvests, dead discards, any applicable transfers, the incidental category quota, the reserve quota and other ad justments 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 At lantic swordfish stock landed by a ves sel 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 effec tive date of a closure of the directed fishery from a vessel for which a sword fish directed LAP, a swordfish handgear LAP, an HMS Commercial Caribbean Small Boat permit, a Sword fish General Commercial open access permit, or an HMS Charter/Headboat permit with a commercial sale endorse ment (when on a non for-hire trip) has been issued, is counted against the in cidental category quota. The annual incidental category quota is 300 mt dw for each fishing year. (C) All swordfish discarded dead from U.S. fishing vessels, regardless of whether such vessels are permitted under this part, shall be counted against the annual directed fishing quota. (D) Fifty (50) mt of the annual fish ery quota of North Atlantic swordfish may be held in reserve for inseason ad justments to fishing categories, to compensate for projected or actual overharvest in any category, for fish ery research, or for other purposes con sistent with management objectives. (E) In the event of an overharvest of South Atlantic swordfish, up to 150.4 mt dw of swordfish landed between 5 degrees North and 5 degrees South lati tude may be applied against the North Atlantic swordfish quota. Otherwise, swordfish landed from this area shall be applied against the South Atlantic swordfish quota. For example, if the South Atlantic swordfish quota were 100 mt dw, and 50 mt dw were landed between 5 degrees North and 5 degrees South latitude, and 75 mt dw were caught south of 5 degrees South lati tude, then 25 mt dw of the swordfish caught between 5 degrees North and 5 degrees South latitude would be ap plied against the North Atlantic sword fish quota. If only 25 mt dw of sword fish were caught between 5 degrees North and 5 degrees South latitude, and 150 mt dw of swordfish were caught south of 5 degrees South latitude, 25 mt dw would be applied against the North Atlantic swordfish quota. The remain ing 50 mt dw overharvest would be counted against the following year’s South Atlantic swordfish quota. (ii) South Atlantic Swordfish. The an nual directed fishery quota for the South Atlantic swordfish stock is 75.2 mt dw. After December 31, 2007, the an nual quota is subdivided into two equal semi-annual quotas of 37.6 mt dw: one for January 1 through June 30, and the other for July 1 through December 31. The entire quota for the South Atlan tic swordfish stock is reserved for ves sels with pelagic longline gear onboard and that have been issued a directed fishery permit for swordfish. No person may retain swordfish caught incidental to other fishing activities or with other fishing gear in the Atlantic Ocean south of 5 degrees North latitude. (2) Inseason adjustments. (i) NMFS may adjust the July 1 through Decem ber 31 semiannual directed fishery quota or, as applicable, the reserve cat egory, to reflect actual directed fishery and incidental fishing category catches during the January 1 through June 30 semiannual period. (ii) If NMFS determines that the an nual incidental catch quota will not be taken before the end of the fishing year, excess quota may be allocated to the directed fishery quota or to the re serve, as necessary. If NMFS deter mines that the annual directed catch quota will not be taken before the end of the fishing year, some of the excess quota may be allocated to the inci dental fishery quota or to the reserve, as necessary. (iii) If NMFS determines that it is necessary to close the directed sword fish fishery prior to the scheduled end of a semi-annual fishing season, any es timated overharvest or underharvest of the directed fishery quota for that 566 50 CFR Ch. VI (10–1–22 Edition) § 635.27 semi-annual season will be used to ad just the annual incidental catch quota or the reserve as necessary to maintain landings and discards within the re quired annual limits. (iv) NMFS will file with the Office of the Federal Register for publication any inseason swordfish quota adjust ment and its apportionment to fishing categories or to the reserve made under paragraph (c)(2) of this section. (3) Annual adjustments. NMFS will file with the Office of the Federal Reg ister for publication notice of the fol lowing adjustments to or apportion ments of the annual quota: (i) Adjustments to the quota nec essary to meet the objectives of the Consolidated Highly Migratory Species Fishery Management Plan consistent with the quota provisions of paragraph (c)(1) of this section. (ii) If consistent with applicable ICCAT recommendations, total land ings above or below the specific North Atlantic or South Atlantic swordfish annual quota will be subtracted from, or added to, the following year’s quota for that area. As necessary to meet management objectives, such adjust ments may be apportioned to fishing categories and/or to the reserve. Carry over adjustments for the North Atlan tic shall be limited to 15 percent of the annual baseline quota allocation. Car ryover adjustments for the South At lantic shall be limited to 100 mt ww (75.2 mt dw). Any adjustments to the 12-month directed fishery quota will be apportioned equally between the two semiannual fishing seasons. (iii) The dressed weight equivalent of the amount by which dead discards ex ceed the allowance specified at para graph (c)(1)(i)(C) of this section will be subtracted from the landings quota in the following fishing year or from the reserve category. (d) Atlantic blue and white marlin. (1) Unless adjusted under paragraph (d)(2) of this section or by an ICCAT rec ommendation, 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. rec reational Atlantic marlin landing limit be adjusted by an ICCAT recommenda tion, NMFS will file a notice identi fying the new landing limit with the Office of the Federal Register for publi cation prior to the start of the next fishing year or as early as possible. (2) Consistent with ICCAT rec ommendations and domestic manage ment objectives, and based on landings statistics and other information as ap propriate, if NMFS determines that ag gregate landings of Atlantic blue mar lin, white marlin, and roundscale spearfish exceeded the annual landings limit for a given fishing year, as estab lished in paragraph (d)(1) of this sec tion, NMFS will subtract any overhar vest from the landings limit for the fol lowing fishing year. Additionally, if NMFS determines that aggregate land ings of Atlantic blue marlin, white marlin, and roundscale spearfish were below the annual landings limit for a given fishing year, as established in paragraph (d)(1) of this section, NMFS may add any underharvest, or portion thereof, to the landings limit for the following fishing year. Such adjust ments to the annual recreational mar lin landings limit, as specified in para graph (d)(1) of this section, if nec essary, will be filed with the Office of the Federal Register for publication prior to the start of the next fishing year or as early as possible. (3) When the annual marlin landings limit specified in paragraph (d)(1) or, if adjusted, as specified in paragraph (d)(2) of this section is reached or pro jected to be reached, based upon a re view of landings, the period of time re maining in the current fishing year, current and historical landings trends, and any other relevant factors, NMFS will file for publication with the Office of the Federal Register and action re stricting fishing for Atlantic blue mar lin, white marlin, and roundscale spearfish to catch-and-release fishing only. In no case shall such adjustment be effective less than 14 calendar days after the date of publication. From the effective date and time of such action until additional landings become avail able, no blue marlin, white marlin, or roundscale spearfish from the manage ment unit may be taken, retained, or possessed. 567 Fishery Conservation and Management § 635.28 (e) Northern albacore tuna—(1) Annual quota. Consistent with ICCAT rec ommendations, the ICCAT northern al bacore management procedure, and do mestic management objectives, the baseline annual quota, before any ad justments, is 711.5 mt. The total quota, after any adjustments made per para graph (e)(2) of this section, is the fish ing year’s total amount of northern al bacore tuna that may be landed by per sons and vessels subject to U.S. juris diction. (2) Annual adjustments. Consistent with ICCAT recommendations and do mestic management objectives, and based on landings statistics and other information as appropriate, if for a par ticular year the total landings are above or below the annual quota for that year, the difference between the annual quota and the landings will be subtracted from, or added to, the fol lowing year’s quota, respectively, or subtracted or added through a delayed, or multi-year adjustment. Carryover adjustments shall be limited to 25 per cent of the baseline quota allocation for that year. NMFS will file with the Office of the Federal Register for publi cation any adjustment or apportion ment made under this paragraph (e)(2). [64 FR 29135, May 28, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 635.27, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 635.28 Fishery closures. (a) Bluefin tuna. (1) When a bluefin tuna quota specified in § 635.27(a), is reached, or is projected to be reached, 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 no tice, fishing for, retaining, possessing, or landing bluefin tuna under that quota is prohibited until the opening of the subsequent quota period or until such date as specified in the notice. (2) If NMFS determines that vari ations in seasonal distribution, abun dance, or migration patterns of bluefin, or the catch rate in one area, precludes participants in another area from a reasonable opportunity to harvest any allocated domestic category quota, as stated in § 635.27(a), NMFS may close all or part of the fishery under that category. NMFS may reopen the fish ery at a later date if NMFS determines that reasonable fishing opportunities are available, e.g., bluefin have mi grated into the area or weather is con ducive for fishing. In determining the need for any such interim closure or area closure, NMFS will also take into consideration the criteria specified in § 635.27(a)(8). (3) When the Atlantic Tunas Longline category quota is reached, projected to be reached, or exceeded, or when there is high uncertainty regarding the esti mated 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 ac tion, for the remainder of the fishing year or for a specified period as indi cated 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, regard less 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 ves sels 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 consid ering whether to close or reopen the Longline category quota, NMFS may consider the following factors: (i) Total estimated bluefin tuna catch (landings and dead discards) in relation to the quota; (ii) The estimated amount by which the bluefin tuna quota might be ex ceeded; (iii) The usefulness of data relevant to monitoring the quota; (iv) The uncertainty in the docu mented or estimated dead discards or landings of bluefin tuna; (v) The amount of bluefin tuna land ings or dead discards within a short time; 568 50 CFR Ch. VI (10–1–22 Edition) § 635.28 (vi) The effects of continued fishing on bluefin tuna rebuilding and over fishing; (vii) The provision of reasonable op portunity for pelagic longline vessels to pursue the target species; (viii) The variations in seasonal dis tribution, abundance or migration pat terns of bluefin tuna; and (viii) Other relevant factors. (b) Sharks. (1) A shark fishery that meets any of the following cir cumstances is closed and subject to the requirements of paragraph (b)(6) of this section: (i) No overall, regional, and/or sub-re gional quota, as applicable, is specified at § 635.27(b)(1); (ii) The overall, regional, and/or sub regional quota, as applicable, specified at § 635.27(b)(1) is zero; (iii) After accounting for overhar vests as specified at § 635.27(b)(2), the overall, regional, and/or sub-regional quota, as applicable, is determined to be zero or close to zero and NMFS has closed the fishery by publication of a notice in the FEDERAL REGISTER; (iv) The species is a prohibited spe cies as listed under heading D, Prohib ited Species of Table 1 of appendix A to this part; or (v) Landings of the species and/or management group meet the require ments specified in § 635.28(b)(2) through (5) and NMFS has closed the fishery by publication of a notice in the FEDERAL REGISTER. (2) Non-linked quotas. If the overall, regional, and/or sub-regional quota of a species or management group is not linked to another species or manage ment group and that overall, regional, and/or sub-regional quota is available as specified by a publication in the FEDERAL REGISTER, then that overall, regional, and/or sub-regional commer cial fishery for the shark species or management group will open as speci fied in § 635.27(b). When NMFS cal culates that the overall, regional, and/ or sub-regional landings for a shark species and/or management group, as specified in § 635.27(b)(1), has reached or is projected to reach 80 percent of the applicable available overall, regional, and/or sub-regional quota as specified in § 635.27(b)(1) and is projected to reach 100 percent of the relevant quota by the end of the fishing season, NMFS will file for publication with the Office of the Federal Register a notice of an overall, regional, and/or sub-regional closure, as applicable, for that shark species and/or shark management group that will be effective no fewer than 4 days from date of filing. From the effective date and time of the clo sure until NMFS announces, via the publication of a notice in the FEDERAL REGISTER, that additional overall, re gional, and/or sub-regional quota is available and the season is reopened, the overall, regional, and/or sub-re gional fisheries for that shark species or management group are closed, even across fishing years. (3) Linked quotas. As specified in paragraph (b)(4) of this section, the overall, regional, and/or sub-regional quotas of some shark species and/or management groups are linked to the overall, regional, and/or sub-regional quotas of other shark species and/or management groups. For each pair of linked species and/or management groups, if the overall, regional, and/or sub-regional quota specified in § 635.27(b)(1) is available for both of the linked species and/or management groups as specified by a publication in the FEDERAL REGISTER, then the over all, regional, and/or sub-regional com mercial fishery for both of the linked species and/or management groups will open as specified in § 635.27(b)(1). When NMFS calculates that the overall, re gional, and/or sub-regional landings for any species and/or management group of a linked group have reached or are projected to reach 80 percent of the ap plicable available overall, regional, and/or sub-regional quota as specified in § 635.27(b)(1) and are projected to reach 100 percent of the relevant quota before the end of the fishing season, NMFS will file for publication with the Office of the Federal Register a notice of an overall, regional, and/or sub-re gional closure for all of the species and/ or management groups in that linked group that will be effective no fewer than 4 days from date of filing. From the effective date and time of the clo sure until NMFS announces, via the publication of a notice in the FEDERAL REGISTER, that additional overall, re gional, and/or sub-regional quota is 569 Fishery Conservation and Management § 635.28 available and the season is reopened, the overall, regional, and/or sub-re gional fishery for all species and/or management groups in that linked group is closed, even across fishing years. (4) The quotas of the following spe cies and/or management groups are linked: (i) Atlantic hammerhead sharks and Atlantic aggregated LCS. (ii) Eastern Gulf of Mexico hammer head sharks and eastern Gulf of Mexico aggregated LCS. (iii) Western Gulf of Mexico hammer head sharks and western Gulf of Mex ico aggregated LCS. (iv) Atlantic blacknose sharks and Atlantic non-blacknose SCS south of 34°00′ N. lat. (5) NMFS may close the regional or sub-regional Gulf of Mexico blacktip shark management group(s) before landings reach, or are expected to reach, 80 percent of the quota, after considering the following criteria and other relevant factors: (i) Estimated Gulf of Mexico blacktip shark season length based on available sub-regional quotas and average sub-re gional weekly catch rates during the current fishing year and from previous years; (ii) Variations in regional and/or sub regional seasonal distribution, abun dance, or migratory patterns of blacktip sharks, hammerhead sharks, and aggregated LCS based on scientific and fishery information; (iii) Effects of the adjustment on ac complishing the objectives of the 2006 Consolidated HMS FMP and its amend ments; (iv) The amount of remaining shark quotas in the relevant sub-regions, to date, based on dealer or other reports; and, (v) The regional and/or sub-regional catch rates of the relevant shark spe cies or management group(s), to date, based on dealer or other reports. (6) When the overall, regional, and/or sub-regional fishery for a shark species and/or management group is closed, a fishing vessel, issued a Federal Atlan tic commercial shark permit pursuant to § 635.4, may not possess, retain, land, or sell a shark of that species and/or management group that was caught within the closed region or sub-region, except under the conditions specified in § 635.22(a) and (c) or if the vessel pos sesses a valid shark research permit under § 635.32, a NMFS-approved ob server is onboard, and the sandbar and/ or Research LCS fishery, as applicable, is open. A shark dealer, issued a permit pursuant to § 635.4, may not purchase or receive a shark of that species and/or management group that was caught within the closed region or sub-region from a vessel issued a Federal Atlantic commercial shark permit, except that a permitted shark dealer or processor may possess sharks that were caught in the closed region or sub-region that were harvested, off-loaded, and sold, traded, or bartered, prior to the effec tive date of the closure and were held in storage. Under a closure for a shark species or management group, a shark dealer, issued a permit pursuant to § 635.4 may, in accordance with State regulations, purchase or receive a shark of that species or management group if the shark was harvested, off loaded, and sold, traded, or bartered from a vessel that fishes only in State waters and that has not been issued a Federal Atlantic commercial shark permit, HMS Angling permit, or HMS Charter/Headboat permit pursuant to § 635.4. Additionally, under an overall, a regional, or a sub-regional closure for a shark species and/or management group, a shark dealer, issued a permit pursuant to § 635.4, may purchase or re ceive a shark of that species group if the sandbar or Research LCS fishery, as applicable, is open and the shark was harvested, off-loaded, and sold, traded, or bartered from a vessel issued a valid shark research permit (per § 635.32) that had a NMFS-approved ob server on board during the trip the shark was collected. (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) Swordfish—(1) Directed fishery clo sure. When the annual or semiannual directed fishery quota specified in § 635.27(c)(1)(i) or (ii) is reached, or is projected to be reached, NMFS will file with the Office of the Federal Register 570 50 CFR Ch. VI (10–1–22 Edition) § 635.28 for publication notification of closure at least 14 days before the effective date. From the effective date and time of the closure until additional directed fishery quota becomes available, the directed fishery for the appropriate stock is closed and the following catch limits apply: (i) When the directed fishery for the North Atlantic swordfish stock is closed, (A) No more than 15 swordfish per trip may be possessed in or from the Atlantic Ocean north of 5° N. lat. or landed in an Atlantic coastal state on a vessel using or having on board a pe lagic longline, or issued an Incidental HMS squid trawl permit. However, North Atlantic swordfish legally taken prior to the effective date of the clo sure may be possessed in the Atlantic Ocean north of 5 N. lat. or landed in an Atlantic coastal state on a vessel with a pelagic longline on board, provided the harvesting vessel does no fishing after the closure in the Atlantic Ocean north of 5 N. lat., and reports positions with a vessel monitoring system, as specified in § 635.69. Additionally, le gally taken swordfish from the South Atlantic swordfish stock may be pos sessed or landed north of 5 N. lat. pro vided the harvesting vessel does no fishing on that trip north of 5 N. lat., and reports positions with a vessel monitoring system as specified in § 635.69. NMFS may adjust the inci dental catch retention limit by filing with the Office of the Federal Register for publication notification of the change at least 14 days before the effec tive date. Changes in the incidental catch limits will be based upon the length of the directed fishery closure and the estimated rate of catch by ves sels fishing under the incidental catch quota. (B) No more than 2 swordfish per trip may be possessed in or from the Atlan tic Ocean north of 5° N. lat. or landed in an Atlantic coastal state on a vessel that has been issued a handgear permit under § 635.4(f)(1) provided that such swordfish were not taken with a har poon. (C) No swordfish may be possessed, landed, or sold by vessels issued a Swordfish General Commercial open access permit. (D) No swordfish may be sold by ves sels issued an HMS Charter/Headboat permit (ii) When the directed fishery for the South Atlantic swordfish stock is closed, swordfish from that stock taken incidental to fishing for other species may not be retained. (2) Incidental catch closure. When the annual incidental catch quota specified in § 635.27(c)(1)(i) is reached, or is pro jected to be reached, NMFS will file with the Office of the Federal Register for publication notification of closure. From the effective date and time of such notification until additional inci dental catch quota becomes available, no swordfish may be landed in an At lantic coastal state, or be possessed or sold in or from the Atlantic Ocean north of 5° N. lat. unless the directed fishery is open and the appropriate per mits have been issued to the vessel. In the event of a directed and incidental North Atlantic swordfish category clo sure, South Atlantic swordfish may be possessed in the Atlantic Ocean north of 5° N. lat. and/or landed in an Atlan tic coastal state on a vessel with longline gear onboard, provided that the harvesting vessel does not fish on that trip in the Atlantic Ocean north of 5° N. lat., the fish were taken legally from waters of the Atlantic Ocean south of 5° N. lat., and the harvesting vessel reports positions with a vessel monitoring system as specified in § 635.69. (3) Bluefin tuna Longline category clo sure. 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 fish ery 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 sec tion, vessels that have pelagic longline 571 Fishery Conservation and Management § 635.30 gear on board cannot possess or land any Northern albacore tuna. [64 FR 29135, May 28, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 635.28, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 635.29 Transfer at sea and trans shipment. (a) A person who owns or operates a vessel issued a permit, or required to be issued a permit, under § 635.4 may not transfer any tuna or tuna-like spe cies, or other HMS, at sea or in port, regardless of where the fish was har vested, except as provided in paragraph (c) of this section. (b) For the purposes of this part, ‘‘transfer’’ means the act of ‘‘trans shipping’’ as defined at 50 CFR 300.301. Notwithstanding the definition of ‘‘harvest’’ at § 600.10, for the purposes of this part, transfer also includes, but is not limited to, moving or attempting to move a tuna that is on fishing gear or other gear in the water from one vessel to another vessel. (c) An owner or operator of a vessel for which an Atlantic Tunas Purse Seine category permit has been issued under § 635.4 may use an auxiliary ves sel (i.e., a skiff) associated with the permitted vessel to assist in routine purse seine fishery operations, provided that the auxiliary vessel has not been issued an Atlantic Tunas or HMS ves sel permit and functions only in an auxiliary capacity during routine purse seine operations (i.e., it conducts lim ited assistance activities such as as sistance with purse seine deployment and removal of BFT from the purse seine). The auxiliary vessel may trans fer large medium and giant Atlantic BFT to its associated purse seine vessel during routine purse seine operations, provided that the amount transferred does not cause the receiving vessel to exceed its currently authorized vessel allocation, including incidental catch limits. [79 FR 72559, Dec. 8, 2014, as amended at 80 FR 52204, Aug. 28, 2015] § 635.30 Possession at sea and landing. (a) Atlantic tunas. Persons that own or operate a fishing vessel that pos sesses an Atlantic tuna in the Atlantic Ocean or that lands an Atlantic tuna in an Atlantic coastal port must maintain such Atlantic tuna through offloading either in round form or eviscerated with the head and fins removed, pro vided one pectoral fin and the tail re main attached. The upper and lower lobes of the tuna tail may be removed for storage purposes as long as the fork of the tail remains intact. (b) Billfish. Any person that possesses a blue marlin, white marlin, or roundscale spearfish taken from its management unit or a sailfish taken shoreward of the outer boundary of the EEZ or lands a blue marlin, white mar lin, or roundscale spearfish in an At lantic coastal port must maintain such billfish with its head, fins, and bill in tact through offloading. Persons may eviscerate such billfish, but it must otherwise be maintained whole. (c) Shark. (1) In addition to the regu lations issued at part 600, subpart N, of this chapter, a person who owns or op erates a vessel issued a Federal Atlan tic commercial shark permit under § 635.4 must maintain all the shark fins including the tail naturally attached to the shark carcass until the shark has been offloaded from the vessel, ex cept for under the conditions specified in paragraph (c)(5) of this section. While sharks are on board and when sharks are being offloaded, persons issued a Federal Atlantic commercial shark permit under § 635.4 are subject to the regulations at part 600, subpart N, of this chapter. (2) A person who owns or operates a vessel that has a valid Federal Atlantic commercial shark permit may remove the head and viscera of the shark while on board the vessel. At any time when on the vessel, sharks must not have the backbone removed and must not be halved, quartered, filleted, or otherwise reduced. All fins, including the tail, must remain naturally attached to the shark through offloading, except under the conditions specified in paragraph (c)(5) of this section. While on the ves sel, fins may be sliced so that the fin can be folded along the carcass for 572 50 CFR Ch. VI (10–1–22 Edition) § 635.31 storage purposes as long as the fin re mains naturally attached to the car cass via at least a small portion of uncut skin. The fins and tail may only be removed from the carcass once the shark has been landed and offloaded, except under the conditions specified in paragraph (c)(5) of this section. (3) A person who owns or operates a vessel that has been issued a Federal Atlantic commercial shark permit and who lands sharks in an Atlantic coast al port, including ports in the Gulf of Mexico and Caribbean Sea, must have all fins and carcasses weighed and re corded on the weighout slips specified in § 635.5(a)(2) and in accordance with part 600, subpart N, of this chapter. Persons may not possess any shark fins not naturally attached to a shark car cass on board a fishing vessel at any time, except under the conditions spec ified in paragraph (c)(5) of this section. Once landed and offloaded, sharks that have been halved, quartered, filleted, cut up, or reduced in any manner may not be brought back on board a vessel that has been or should have been issued a Federal Atlantic commercial shark permit. (4) Persons aboard a vessel that has been issued or is required to be issued a permit with a shark endorsement must maintain a shark intact through landing and offloading with the head, tail, and all fins naturally attached. The shark may be bled and the viscera may be removed. (5) A person who owns or operates a vessel that has been issued a Federal commercial smoothhound permit may remove the fins and tail of a smooth dogfish shark prior to offloading if the conditions in paragraphs (c)(5)(i) through (iv) of this section have been met. If the conditions in paragraphs (c)(5)(i) through (iv) of this section have not been met, all fins, including the tail, must remain naturally at tached to the smooth dogfish through offloading from the vessel: (i) The smooth dogfish was caught within waters of the United States lo cated shoreward of a line drawn in such a manner that each point on it is 50 nautical miles from the baseline of an Atlantic State from which the terri torial sea is measured, from Maine south through Florida to the Atlantic and Gulf of Mexico shark regional boundary defined in § 635.27(b)(1). (ii) The vessel has been issued both a Federal commercial smoothhound per mit and a valid State commercial fish ing permit that allows for fishing for smooth dogfish. (iii) Smooth dogfish make up at least 25 percent of the catch on board at the time of landing. (iv) Total weight of the smooth dogfish fins landed or found on board a vessel cannot exceed 12 percent of the total dressed weight of smooth dogfish carcasses on board or landed from the fishing vessel. (d) Swordfish. Persons that own or op erate a fishing vessel that possesses a swordfish in the Atlantic Ocean or lands a swordfish in an Atlantic coast al port must maintain such swordfish in round or dressed form through off loading. [64 FR 29135, May 28, 1999, as amended at 67 FR 6201, Feb. 11, 2002; 69 FR 53362, Sept. 1, 2004; 71 FR 58173, Oct. 2, 2006; 73 FR 40711, July 15, 2008; 75 FR 30528, June 1, 2010; 75 FR 57702, Sept. 22, 2010; 76 FR 39032, July 5, 2011; 80 FR 73145, Nov. 24, 2015; 84 FR 5377, Feb. 21, 2019] § 635.31 Restrictions on sale and pur chase. (a) Atlantic tunas. (1) A person that owns or operates a vessel from which an Atlantic tuna is landed or offloaded may sell such Atlantic tuna only if that vessel has a valid HMS Charter/ Headboat permit with a commercial sale endorsement; a valid General, Har poon, Longline, Purse Seine, or Trap category permit for Atlantic tunas; or a valid HMS Commercial Caribbean Small Boat permit issued under this part, and the appropriate category has not been closed, as specified at § 635.28(a). However, no person may sell a bluefin tuna smaller than the large medium size class. Also, no large me dium or giant bluefin tuna taken by a person aboard a vessel with an Atlantic HMS Charter/Headboat permit fishing in the Gulf of Mexico at any time, or fishing outside the Gulf of Mexico when the fishery under the General category has been closed, may be sold (see § 635.23(c)). A person may sell Atlantic bluefin tuna only to a dealer that has a valid permit for purchasing Atlantic 573 Fishery Conservation and Management § 635.31 bluefin tuna issued under this part. A person may not sell or purchase Atlan tic tunas harvested with speargun fish ing gear. (2) Dealers may purchase Atlantic tunas only from a vessel that has a valid commercial permit for Atlantic tunas issued under this part in the ap propriate category and the appropriate category has not been closed, as speci fied at § 635.28(a). (i) Dealers may purchase Atlantic bluefin tuna only from a vessel that has a valid Federal commercial permit for Atlantic tunas issued under this part in the appropriate category. Ves sel owners and operators of vessels that have been issued an Atlantic Tunas Longline category permit can sell bluefin tuna and dealers can purchase bluefin tuna from such vessels only if the Longline category is open, per § 635.28(a) and if: (A) The vessel has met the minimum quota allocation and accounting re quirements at § 635.15(b)(4) and (5) for vessels departing on a trip with pelagic longline gear aboard, and (B) The dealer and vessel have met the IBQ program participant require ments at § 635.15(a)(2). (ii) Dealers may first receive BAYS tunas only if they have submitted re ports to NMFS according to reporting requirements at § 635.5(b)(1)(ii), and only from a vessel that has a valid Fed eral commercial permit for Atlantic tunas issued under this part in the ap propriate category. Vessel owners and operators of vessels that have been issued an Atlantic Tunas Longline cat egory permit can sell BAYS tunas and dealers can purchase BAYS tunas from such vessels only if the Longline cat egory is open per § 635.28(a). Individuals issued a valid HMS Commercial Carib bean Small Boat permit, and operating in the U.S. Caribbean as defined at § 622.2 of this chapter, may sell their trip limits of BAYS tunas, codified at § 635.24(c), to dealers and non-dealers. Persons may only sell albacore tuna and dealers may only first receive alba core tuna if the northern albacore tuna fishery has not been closed as specified at § 635.28 (d). (3) Dealers or seafood processors may not purchase or sell a BFT smaller than the large medium size class unless it is lawfully imported and is accom panied by a bluefin tuna statistical document, as specified in § 300.185(a) of this title. (4) A BFT in the possession of a deal er or seafood processor is deemed to be from the Atlantic Ocean. However, a BFT will not be deemed to be from the Atlantic Ocean if— (i) It was landed in a Pacific state and remains in the state of landing, or (ii) It is accompanied by a bluefin tuna statistical document, as specified in § 300.185(a) of this title. (b) Billfish. Persons may not sell or purchase a billfish taken from its man agement unit. (c) Shark. (1) Persons that own or op erate a vessel that possesses, retains, or lands a shark from the management unit may sell such shark only if the vessel has a valid commercial shark permit issued under this part. Persons may possess, retain, land, and sell a shark only to a federally-permitted dealer and only when the fishery for that species, management group, re gion, and/or sub-region has not been closed, as specified in § 635.28(b). Per sons that own or operate a vessel that has pelagic longline gear onboard can possess, retain, land, and sell a shark only if the Atlantic Tunas Longline category has not been closed, as speci fied in § 635.28(a). (2) Persons that own or operate a ves sel for which a valid Federal Atlantic commercial shark permit has been issued and on which a shark from the management unit is possessed, may sell, barter or trade such shark only to a dealer that has a valid permit for shark issued under this part. (3) Regulations governing the har vest, possession, landing, purchase, and sale of shark fins are found at part 600, subpart N, of this chapter and in § 635.30(c). (4) Only dealers who have a valid Federal Atlantic shark dealer permit and who have submitted reports to NMFS according to reporting require ments of § 635.5(b)(1)(ii) may first re ceive a shark from an owner or oper ator of a vessel that has, or is required to have, a valid Federal Atlantic com mercial shark permit issued under this part. Dealers may purchase a shark only from an owner or operator of a 574 50 CFR Ch. VI (10–1–22 Edition) § 635.32 vessel who has a valid commercial shark permit issued under this part, except that dealers may purchase a shark from an owner or operator of a vessel who does not have a Federal At lantic commercial shark permit if that vessel fishes exclusively in state waters and does not possess a HMS Angling permit or HMS Charter/Headboat per mit pursuant to § 635.4. Atlantic shark dealers may purchase a sandbar shark only from an owner or operator of a vessel who has a valid shark research permit and who had a NMFS-approved observer onboard the vessel for the trip in which the sandbar shark was col lected. Atlantic shark dealers may pur chase a shark from an owner or oper ator of a fishing vessel who has a valid commercial shark permit issued under this part only when the fishery for that species, management group, region, and/or sub-region has not been closed, as specified in § 635.28(b). Atlantic shark dealers may first receive a shark 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). (5) An Atlantic shark dealer issued a permit under this part may first re ceive shark fins from an owner or oper ator of a fishing vessel only if the shark fins were harvested in accord ance with the regulations found at part 600, subpart N, of this chapter and in § 635.30(c). (6) A dealer issued a permit under this part may not first receive silky sharks, oceanic whitetip sharks or scalloped, smooth, or great hammer head sharks from an owner or operator of a fishing vessel with pelagic longline gear on board, or from the owner of a fishing vessel issued both a HMS Char ter/Headboat permit with a commercial sale endorsement and a commercial shark permit when tuna, swordfish or billfish are on board the vessel, offloaded from the vessel, or being offloaded from the vessel. (d) Swordfish. (1) Persons that own or operate a vessel on which a swordfish in or from the Atlantic Ocean is pos sessed may sell such swordfish only if the vessel has a valid commercial per mit for swordfish issued under this part. Persons may offload such sword fish only to a dealer who has a valid permit for swordfish issued under this part; except that individuals issued a valid HMS Commercial Caribbean Small Boat permit, and operating in the U.S. Caribbean as defined at § 622.2 of this chapter, may sell swordfish, as specified at § 635.24(b)(3), to non-deal ers. Persons that own or operate a ves sel that has pelagic longline gear on board can only possess and sell a swordfish if the Atlantic Tunas Longline category has not been closed, as specified in § 635.28(a)(4). (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 sword fish issued under this part, and only if the dealer has submitted reports to NMFS according to reporting require ments of § 635.5(b)(1)(ii). Atlantic swordfish dealers may first receive a swordfish from a vessel that has pe lagic longline gear onboard only if the Atlantic Tunas Longline category has not been closed, as specified in § 635.28(a)(3). [64 FR 29135, May 28, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 635.31, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 635.32 Specifically authorized activi ties. (a) General. (1) Consistent with the provisions of § 600.745 of this chapter, except as indicated in this section, NMFS may authorize activities other wise prohibited by the regulations con tained in this part for the conduct of scientific research, the acquisition of information and data, the enhance ment of safety at sea, the purpose of collecting animals for public education or display, the investigation of by catch, economic discard and regulatory discard, or for chartering arrange ments. (2) Activities subject to the provi sions of this section include, but are not limited to: scientific research re sulting in, or likely to result in, the take, harvest, or incidental mortality of Atlantic HMS; exempted fishing and educational activities; programs under which regulated species retained in 575 Fishery Conservation and Management § 635.32 contravention to otherwise applicable regulations may be donated through approved food bank networks; or char tering arrangements. Such activities must be authorized in writing and are subject to all conditions specified in any letter of acknowledgment, EFP, scientific research permit, display per mit, chartering permit, or shark re search permit issued in response to re quests for authorization under this sec tion. (3) For the purposes of all regulated species covered under this part, NMFS has the sole authority to issue permits, authorizations, and acknowledgments. If a regulated species landed or re tained under the authority of this sec tion is subject to a quota, the fish shall be counted against the quota category as specified in the written authoriza tion. (4) Inspection requirements specified in § 635.5(e) apply to the owner or oper ator of a fishing vessel that has been issued an exempted fishing permit, sci entific research permit, display permit, or chartering permit. (b) Scientific research activities. For the purposes of all species covered under this part regulated under the au thority of ATCA, the provisions for re search plans under § 600.745(a) and re ports under § 600.745(c)(1) of this chap ter are mandatory. In such cases of au thorized scientific research activities, NMFS shall issue scientific research permits. For scientific research activi ties involving the capture of Atlantic sharks, research plans and reports are requested; letters of acknowledgment shall be issued by NMFS as indicated under § 600.745(a) of this chapter. (c) Exempted fishing permits. (1) For activities consistent with the purposes of this section and § 600.745(b)(1) of this chapter, other than scientific research conducted from a scientific research vessel, NMFS may issue exempted fish ing permits. (2) [Reserved] (d) Display permits. (1) For activities consistent with the purposes of this section and § 600.745(b)(1) of this chap ter, NMFS may issue display permits. (2) Notwithstanding the provisions of § 600.745 of this chapter and other provi sions of this part, a valid display per mit is required to fish for, take, retain, or possess an HMS in or from the At lantic EEZ for the purposes of public display. A valid display permit must be on board the harvesting vessel, must be available when the fish is landed, must be available when the fish is trans ported to the display facility, and must be presented for inspection upon re quest of an authorized officer. A dis play permit is valid for the specific time, area, gear, and species specified on it. Species landed under a display permit shall be counted against the ap propriate quota specified in § 635.27 or as otherwise provided in the display permit. (3) To be eligible for a display permit, a person must provide all information concerning his or her identification, numbers by species of HMS to be col lected, when and where they will be collected, vessel(s) and gear to be used, description of the facility where they will be displayed, and any other infor mation that may be necessary for the issuance or administration of the per mit, as requested by NMFS. (4) Collectors of HMS for public dis play must notify the local NMFS Office for Law Enforcement at least 24 hours, excluding weekends and holidays, prior to departing on a collection trip, re gardless of whether the fishing activity will occur in or outside the EEZ, as to collection plans and location and the number of animals to be collected. In the event that a NMFS agent is not available, a message may be left. (5) All live HMS collected for public display are required to have either a conventional dart tag or a microchip Passive Integrated Transponder (PIT) tag applied by the collector at the time of the collection. Both types of tags will be supplied by NMFS. Conven tional dart tags will be issued unless PIT tags are specifically requested in the permit application and their use approved by NMFS. Terms and condi tions of the permit will address re quirements associated with the use of the tags supplied on a case-by-case basis. (e) Chartering permits. (1) For activi ties consistent with the purposes of this section, § 635.5(a), and § 600.745(b)(1) of this chapter, NMFS may issue char tering permits for record keeping and reporting purposes. An application for 576 50 CFR Ch. VI (10–1–22 Edition) § 635.32 a chartering permit must include all information required under § 600.745(b)(2) of this chapter and, in ad dition, written notification of: the spe cies of fish covered by the chartering arrangement and quota allocated to the Contracting Party of which the chartering foreign entity is a member; duration of the arrangement; measures adopted by the chartering Contracting Party of which the foreign entity is a member to implement ICCAT char tering provisions; copies of fishing li censes, permits, and/or other author izations issued by the chartering Con tracting Party of which the foreign en tity is a member for the vessel to fish under the arrangement; a copy of the High Seas Fishing Compliance Act Per mit pursuant to 50 CFR 300.10; docu mentation regarding interactions with protected resources; and documenta tion regarding the legal establishment of the chartering company. To be con sidered complete, an application for a chartering permit for a vessel must in clude all information specified in § 600.745(b)(2) of this chapter and in § 635.32(e) and (f). (2) Notwithstanding the provisions of § 600.745 of this chapter and other provi sions of this part, a valid chartering permit is required to fish for, take, re tain, or possess ICCAT-regulated spe cies under chartering arrangements as specified in § 635.5(a)(6). A valid char tering permit must be on board the harvesting vessel, must be available when ICCAT-regulated species are landed, and must be presented for in spection upon request of an authorized officer. A chartering permit is valid for the duration of the chartering arrange ment or until the expiration date speci fied on the permit, whichever comes first. Vessels issued a chartering per mit shall not be authorized to fish under applicable Atlantic Highly Mi gratory Species quotas or entitlements of the United States until the char tering permit expires or is terminated. (3) Charter permit holders must sub mit logbooks and comply with report ing requirements as specified in § 635.5. NMFS will provide specific conditions and requirements in the chartering permit, so as to ensure consistency, to the extent possible, with laws of for eign countries, the 2006 Consolidated HMS FMP and its amendments, as well as ICCAT recommendations. (4) Observers may be placed on board vessels issued chartering permits as specified under § 635.7. (5) NMFS will issue a chartering per mit only if it determines that the char tering arrangement is in conformance with ICCAT’s conservation and man agement programs. (6) A vessel shall be authorized to fish under only one chartering arrange ment at a time. (7) All chartering permits are subject to sanctions and denials as indicated under § 635.4(a)(6). (f) Shark research permits. (1) For ac tivities consistent with the purposes of this section and § 600.745(b)(1) of this chapter, NMFS may issue shark re search permits. (2) Notwithstanding the provisions of § 600.745 of this chapter and other provi sions of this part, a valid shark re search permit is required to fish for, take, retain, or possess Atlantic sharks, including sandbar sharks, in excess of the retention limits described in § 635.24(a). A valid shark research permit must be on board the har vesting vessel, must be available for in spection when the shark is landed, and must be presented for inspection upon request of an authorized officer. A shark research permit is only valid for the vessel and owner(s) combination specified and cannot be transferred to another vessel or owner(s). A shark re search permit is only valid for the re tention limits, time, area, gear speci fied, and other terms and conditions as listed on the permit and only when a NMFS-approved observer is onboard. Species landed under a shark research permit shall be counted against the ap propriate quota specified in § 635.27 or as otherwise provided in the shark re search permit. (3) Regardless of the number of appli cants, NMFS will issue only a limited number of shark research permits de pending on available quotas as de scribed in § 635.27, research needs for stock assessments and other scientific purposes, and the number of sharks ex pected to be harvested by vessels issued LAPs for sharks. (4) In addition to the workshops re quired under § 635.8, persons issued a 577 Fishery Conservation and Management § 635.32 shark research permit, and/or opera tors of vessels specified on the shark research permit, may be required to at tend other workshops (e.g., shark iden tification workshops, captain’s meet ing, etc.) as deemed necessary by NMFS to ensure the collection of high quality data. (5) Issuance of a shark research per mit does not guarantee the permit holder that a NMFS-approved observer will be deployed on any particular trip. Rather, permit issuance indicates that a vessel is eligible for a NMFS-ap proved observer to be deployed on the vessel for a particular trip and that, on such observed trips, the vessel may be allowed to harvest Atlantic sharks, in cluding sandbar sharks, in excess of the retention limits described in § 635.24(a). (6) The shark research permit may be revoked, limited, or modified at any time, does not confer any right to en gage in activities beyond those author ized by the permit, and does not confer any right of compensation to the hold er. (g) Applications and renewals. (1) Ap plication procedures shall be as indi cated under § 600.745(b)(2) of this chap ter, except that NMFS may consolidate requests for the purpose of obtaining public comment. In such cases, NMFS may file with the Office of the Federal Register, on an annual or more fre quent basis as necessary, notification of previously authorized exempted fish ing, scientific research, public display, chartering, and shark research activi ties and to solicit public comment on anticipated EFP, scientific research permit, letter of acknowledgment, pub lic display, chartering, or shark re search permit activities. Applications for EFPs, scientific research permits, public display permits, chartering per mits, or shark research permits are re quired to include all reports specified in the applicant’s previous permit in cluding, if applicable, the year-end re port, all delinquent reports for permits issued in prior years, and all other specified information. In situations of delinquent reports, applications will be deemed incomplete and a permit will not be issued under this section. (2) For the shark research permit, NMFS will publish annually, in a FED ERAL REGISTER notice(s), a description for the following fishing year of the ex pected research objectives. This de scription may include information such as the number of vessels needed, re gions and seasons for which vessels are needed, the specific criteria for selec tion, and the application deadline. Complete applications, including all in formation requested in the applicable FEDERAL REGISTER notice(s) and on the application form and any previous re ports required pursuant to this section and § 635.5, must be received by NMFS by the application deadline in order for the vessel to be considered. Requested information could include, but is not limited to, applicant name and address, permit information, vessel informa tion, availability of the vessel, past in volvement in the shark fishery, and compliance with HMS regulations in cluding observer regulations. NMFS will only review complete applications received by the published deadline to determine eligibility for participation in the shark research fishery. Qualified vessels will be chosen based on the in formation provided on the applications and their ability to meet the selection criteria as published in the FEDERAL REGISTER notice. A commercial shark permit holder whose vessel was se lected to carry an observer in the pre vious two years for any HMS fishery but failed to comply with the observer regulations specified in § 635.7 will not be considered. A commercial shark per mit holder that has been charged criminally or civilly (i.e., issued a No tice of Violation and Assessment (NOVA) or Notice of Permit Sanction) for any HMS related violation will not be considered for participation in the shark research fishery. Qualified ves sels will be randomly selected to par ticipate in the shark research fishery based on their availability and the temporal and spatial needs of the re search objectives. If a vessel issued a shark research permit cannot conduct the shark research tasks, for whatever reason, that permit will be revoked and, depending on the status of the re search and the fishing year, NMFS will randomly select another qualified ves sel to be issued a shark research per mit. (h) Terms and conditions. (1) For EFPs, scientific research permits, and 578 50 CFR Ch. VI (10–1–22 Edition) § 635.33 public display permits: Written reports on fishing activities, and disposition of all fish captured under a permit issued under this section must be submitted to NMFS within 5 days of return to port. NMFS will provide specific condi tions and requirements as needed, con sistent with the Consolidated HMS Fishery Management Plan, in the per mit. If an individual issued a Federal permit under this section captures no HMS in any given month, either in or outside the EEZ, a ‘‘no-catch’’ report must be submitted to NMFS within 5 days of the last day of that month. (2) For chartering permits, written reports of fishing activities must be submitted to NMFS by a date specified, and to an address designated, in the terms and conditions of each char tering permit. (3) An annual written summary re port of all fishing activities, and dis position of all fish captured, under the permit must be submitted to NMFS for all EFPs, scientific research permits, display permits, and chartering per mits issued under this section within 30 days after the expiration date of the permit. (4) For shark research permits, all owners and/or operators must comply with the recordkeeping and reporting requirements specified in § 635.5 per the requirement of holding a LAP for sharks. (5) As stated in § 635.4(a)(6), failure to comply with the recordkeeping and re porting requirements of this section could result in the EFP, scientific re search permit, display permit, char tering permit, or shark research permit being revoked, suspended, or modified, and in the denial of any future applica tions. [64 FR 29135, May 28, 1999, as amended at 68 FR 63742, Nov. 10, 2003; 68 FR 74786, Dec. 24, 2003; 69 FR 70399, Dec. 6, 2004; 73 FR 40711, July 15, 2008; 75 FR 30528, June 1, 2010] § 635.33 Archival tags. (a) Landing an HMS with a surgically implanted archival tag. Notwithstanding other provisions of this part, persons may catch, possess, retain, and land an Atlantic HMS in which an archival tag has been surgically implanted, pro vided such persons return the tag to the research entity indicated on the tag or to NMFS at an address des ignated by NMFS and report the fish as required in § 635.5. (b) Quota monitoring. If an Atlantic HMS landed under the authority of paragraph (a) of this section is subject to a quota, the fish will be counted against the applicable quota for the species consistent with the fishing gear and activity which resulted in the catch. In the event such fishing gear or activity is otherwise prohibited under applicable provisions of this part, the fish shall be counted against the re serve or research quota established for that species, as appropriate. [81 FR 55379, Aug. 19, 2016] § 635.34 Adjustment of management measures. (a) NMFS may adjust the IBQ shares or resultant allocations for bluefin tuna, as specified in § 635.15; catch lim its for bluefin tuna, as specified in § 635.23; the overall, regional, and/or sub-regional quotas for bluefin tuna, sharks, swordfish, and northern alba core tuna as specified in § 635.27; the re tention limits for sharks, as specified at § 635.24; the regional retention limits for Swordfish General Commercial per mit holders, as specified at § 635.24; the marlin landing limit, as specified in § 635.27(d); and the minimum sizes for Atlantic blue marlin, white marlin, and roundscale spearfish as specified in § 635.20. (b) In accordance with the framework procedures in the 2006 Consolidated HMS FMP, NMFS may establish or modify for species or species groups of Atlantic HMS the following manage ment measures: Maximum sustainable yield or optimum yield based on the latest stock assessment or updates in the SAFE report; domestic quotas; rec reational and commercial retention limits, including target catch require ments; size limits; fishing years or fish ing seasons; shark fishing regions, or regional and/or sub-regional quotas; species in the management unit and the specification of the species groups to which they belong; species in the prohibited shark species group; classi fication system within shark species groups; permitting and reporting re quirements; workshop requirements; the IBQ shares or resultant allocations 579 Fishery Conservation and Management § 635.40 for bluefin tuna; administration of the IBQ program (including but not limited to requirements pertaining to leasing of IBQ allocations, regional or min imum IBQ share requirements, IBQ share caps (individual or by category), permanent sale of shares, NED IBQ rules, etc.); time/area restrictions; allo cations among user groups; gear prohi bitions, modifications, or use restric tion; effort restrictions; observer cov erage requirements; EM requirements; essential fish habitat; and actions to implement ICCAT recommendations, as appropriate. (c) NMFS may add species to the pro hibited 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. (1) Biological information indicates that the stock warrants protection. (2) Information indicates that the species is rarely encountered or ob served caught in HMS fisheries. (3) Information indicates that the species is not commonly encountered or observed caught as bycatch in fish ing operations for species other than HMS. (4) The species is difficult to distin guish from other prohibited species. (d) When considering a framework adjustment to add, change, or modify time/area closures and/or gear re stricted areas, NMFS will consider, consistent with the FMP, the Magnu son-Stevens Act and other applicable law, but is not limited to the following criteria: Any Endangered Species Act related issues, concerns, or require ments, including applicable BiOps; by catch rates of protected species, pro hibited HMS, or non-target species both within the specified or potential closure area(s) and throughout the fishery; bycatch rates and post-release mortality rates of bycatch species as sociated with different gear types; new or updated landings, bycatch, and fish ing effort data; evidence or research in dicating that changes to fishing gear and/or fishing practices can signifi cantly reduce bycatch; social and eco nomic impacts; and the practicability of implementing new or modified clo sures compared to other bycatch reduc tion options. If the species is an ICCAT managed species, NMFS will also con sider the overall effect of the U.S.’s catch on that species before imple menting time/area closures, gear re stricted areas, or access to closed areas. [64 FR 29135, May 28, 1999, as amended at 68 FR 74788, Dec. 24, 2003; 71 FR 58173, Oct. 2, 2006; 75 FR 57702, Sept. 22, 2010; 78 FR 52031, Aug. 21, 2013; 79 FR 71606, Dec. 2, 2014; 80 FR 50102, Aug. 18, 2015; 83 FR 33157, July 17, 2018] Subpart D—Restrictions on Imports § 635.40 Restrictions to enhance con servation. (a) Determinations. Upon a determina tion by NMFS that species of fish sub ject to regulation or under investiga tion by ICCAT are ineligible for entry into the United States under 16 U.S.C. 971d (c)(4) or (c)(5), NMFS, with the concurrence of the Secretary of State, will file with the Office of the Federal Register for publication a finding to that effect. Effective upon the date of filing of such finding, all shipments of fish in any form of the species found to be ineligible will be denied entry un less, with respect to a particular ship ment, it is established by satisfactory proof pursuant to paragraph (b) of this section that the particular shipment of fish is eligible for entry. Entry will not be denied and no such proof will be re quired for any such shipment that, on the date of filing was in transit to the United States on board a vessel oper ating as a common carrier. (b) Proof of admissibility. (1) For the purposes of paragraph (a) of this sec tion and section 971d(6)(a) of ATCA, a shipment of fish in any form of the spe cies under regulation or under inves tigation by ICCAT offered for entry, di rectly 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 580 50 CFR Ch. VI (10–1–22 Edition) § 635.41 eligible for entry if the shipment is ac companied by a completed ATCA COE attached to the invoice certifying that the fish in the shipment: (i) Are not of the species specified in the finding; (ii) Are of the species named in the finding, but were not taken in the reg ulatory area; or (iii) Are of the species named in the finding, but are products of an Amer ican fishery and were lawfully taken in conformity with applicable conserva tion laws and regulations and landed in the country named in the finding sole ly for transshipment. (2) If the fish are offered for entry under paragraph (b)(1)(i) or (b)(1)(ii) of this section, the ATCA COE must be executed by a duly authorized official of the country named in the finding and the ATCA COE must be validated by a consular officer or consular agent of the United States. Such validation must be attached to the ATCA COE. (3) [Reserved] (c) Removal of import restrictions. Upon a determination by NMFS that the conditions no longer exist that war ranted the finding under paragraph (a) of this section, NMFS will remove the import restriction by filing with the Office of the Federal Register for publi cation notification of removal effective on the date of filing. However, for 1 year from the date of filing every ship ment of fish in any form that was sub ject to the finding under paragraph (a) of this section will continue to be de nied entry, unless the shipment is ac companied by a certification executed by an authorized official of the country of export and authenticated by a con sular officer or consular agent of the United States certifying that no por tion of the shipment is composed of fish taken prior to or during the im port restriction. [64 FR 29135, May 28, 1999, as amended at 83 FR 33157, July 17, 2018] § 635.41 Products denied entry. (a) [Reserved] (b) All shipments of tuna or tuna-like species, or their products, in any form, harvested in the ICCAT convention area by a fishing vessel that is required to be listed, but not listed on the ICCAT record of authorized vessels will be denied entry into the United States. (c) All shipments of tuna or tuna-like species, or their products, in any form, harvested in the ICCAT convention area by a fishing vessel listed on the ICCAT record as engaged in illegal, un reported, and unregulated fishing will be denied entry into the United States. (d) All shipments of tuna or tuna-like species, placed in cages for farming and/or transshipment, harvested in the ICCAT convention area and caught by a fishing vessel included on the ICCAT list as engaged in illegal, unreported, and unregulated fishing will be denied entry into the United States. (e) For the purposes of this section, it is a rebuttable presumption that any shipment containing swordfish, bluefin tuna, bigeye tuna, or their products of fered for entry into the United States has been harvested by a vessel or ves sels of the exporting nation. [69 FR 70400, Dec. 6, 2004, as amended at 70 FR 28218, May 17, 2005; 77 FR 52261, Aug. 29, 2012] Subpart E—International Port Inspection § 635.50 Basis and purpose. The regulations in this subpart im plement the ICCAT port inspection scheme. The text of the ICCAT port in spection scheme may be obtained from NMFS. § 635.51 Authorized officer. For the purposes of this subpart, an authorized officer is a person appointed by an ICCAT contracting party to con duct inspections for the purpose of de termining compliance with ICCAT con servation and management measures and who possesses identification issued by the authorized officer’s national government. [79 FR 72559, Dec. 8, 2014] § 635.52 Vessels subject to inspection. (a) All U.S. fishing vessels carrying fish species subject to regulation pur suant to a recommendation of ICCAT that have not been previously landed or transshipped at port, as well as the vessel’s catch, gear, equipment, 581 Fishery Conservation and Management ยง 635.54 records, and any documents the au thorized officer deems necessary to de termine compliance with ICCAT con servation and management measures, are subject to inspection when in a port of any ICCAT contracting or co operating non-contracting party. A list of ports, designated by ICCAT con tracting or cooperating non-con tracting parties, to which foreign ves sels carrying fish species subject to regulation pursuant to a recommenda tion of ICCAT may seek entry is avail able on the ICCAT Web site. (b) While in port, the master, crew member, or any other person on a U.S. vessel carrying fish species subject to regulation pursuant to a recommenda tion of ICCAT must cooperate with an authorized officer during the conduct of an inspection, including by facili tating safe boarding. ICCAT rec ommendations require that inspections be carried out so that the vessel suffers minimum interference and inconven ience, and so that degradation of the quality of catch is avoided. [79 FR 72559, Dec. 8, 2014] ยง 635.53 Prior notification. (a) U.S. vessels carrying tuna or tuna-like species or other HMS that are seeking to enter the port of an other ICCAT contracting or cooper ating party must provide to the port State, at least 72 hours before the esti mated time of arrival at the port or in accordance with any other time period specified by the foreign government, the following information: (1) Vessel identification (External identification; Name; Flag State; ICCAT Record No., if any; IMO No., if any; and international radio call sign); (2) Name of the designated port, as referred to in the ICCAT register, to which it seeks entry and the purpose of the port call; (3) Fishing authorization or, where appropriate, any other authorization held by the vessel to support fishing operations on ICCAT-managed species and/or fish products originating from such species; (4) Estimated date and time of ar rival in port; (5) In kilograms, the estimated quan tities of each ICCAT-managed species and/or fish products originating from such species to be held on board and to be landed, with associated catch areas; (6) Other information, as requested by the foreign ICCAT contracting or cooperating non-contracting party, to determine whether a vessel has en gaged in IUU fishing, or related activi ties; (b) After receiving information pur suant to paragraph (a) of this section, the foreign ICCAT contracting or co operating non-contracting party should decide whether to authorize or deny the entry of a vessel into its port. [79 FR 72559, Dec. 8, 2014] ยง 635.54 Reports. Owners and operators of U.S. vessels subject to inspection under ยง 635.52 are hereby notified that the ICCAT rec ommendation establishing a scheme for minimum standards for inspection in port requires that: (a) Upon completion of the inspec tion, the authorized officer shall pro vide the Master of the U.S. fishing ves sel with the inspection report con taining the findings of the inspection, including any violations found and pos sible subsequent measures that could be taken by the foreign ICCAT con tracting or cooperating non-con tracting party. The Master of the U.S. vessel is entitled to add or have added to the report any comments or objec tions, and to add his or her own signa ture as an acknowledgement of receipt, (b) Copies of the inspection report shall also be provided by the port State to the ICCAT Secretariat and, as ap propriate, to NMFS and other con tracting or cooperating non-con tracting parties of ICCAT, (c) Any enforcement action taken by the foreign ICCAT contracting or co operating non-contracting party in re sponse to an infringement shall be re ported to the United States and to the ICCAT Secretariat, and (d) The foreign ICCAT contracting or cooperating non-contracting party shall refer any infringements found that do not fall within its jurisdiction, or with respect to which it has not taken action, to the flag State of the vessel (i.e., to NMFS). [79 FR 72560, Dec. 8, 2014, as amended at 87 FR 11325, Mar. 1, 2022] 582 50 CFR Ch. VI (10–1–22 Edition) § 635.69 Subpart F—Enforcement § 635.69 Vessel monitoring systems. (a) Applicability. To facilitate en forcement of time/area and fishery clo sures, enhance reporting, and support the IBQ Program (§ 635.15), an owner or operator of a commercial vessel per mitted, or required to be permitted, to fish for Atlantic HMS under § 635.4 and that fishes with pelagic or bottom longline, gillnet, or purse seine gear, is required to install a NMFS-approved enhanced mobile transmitting unit (E– MTU) vessel monitoring system (VMS) on board the vessel and operate the VMS unit under the circumstances list ed in paragraphs (a)(1) through (a)(4) of this section. For purposes of this sec tion, a NMFS-approved E–MTU VMS is one that has been approved by NMFS as satisfying its type approval listing for E–MTU VMS units. Those require ments are published in the FEDERAL REGISTER and may be updated periodi cally. (1) Whenever the vessel has pelagic longline or purse seine gear on board; (2) Whenever a vessel issued a di rected shark LAP, has bottom longline gear on board, is located between 33°00′ N. lat. and 36°30′ N. lat., and the mid Atlantic shark closed area is closed as specified in § 635.21(d)(1); or (3) Pursuant to Atlantic large whale take reduction plan requirements at 50 CFR 229.32(h), whenever a vessel issued a directed shark LAP has a gillnet(s) on board. (4) A vessel is considered to have pe lagic or bottom longline gear on board, for the purposes of this section, when the gear components as specified at § 635.2 are on board. A vessel is consid ered to have gillnet gear on board, for the purposes of this section, when gillnet, as defined in § 600.10 of this chapter, is on board a vessel that has been issued a shark LAP. A vessel is considered to have purse seine gear on board, for the purposes of this section, when the gear as defined at § 600.10 is onboard a vessel that has been issued an Atlantic Tunas Purse Seine cat egory permit. (b) Hardware specifications. The VMS hardware must be approved by NMFS and must be able to perform all NMFS required functions. NMFS will file with the Office of the Federal Register for publication notification listing the specifications for approved VMS units. As necessary, NMFS will make addi tions and/or amendments to the VMS hardware type approval list to account for changes in specifications or new products offered by manufacturers. NMFS will file with the Office of the Federal Register for publication notifi cation listing such additions and/or amendments. (c) Communications specifications. The communications service provider must be approved by NMFS and must be able to provide all NMFS required func tions. NMFS will file with the Office of the Federal Register for publication notification listing the specifications for approved VMS communications service providers. As necessary, NMFS will make additions and/or amend ments to the VMS communications service providers type approval list to account for changes in specifications or new services offered by communica tions providers. NMFS will file with the Office of the Federal Register for publication notification listing such additions and/or amendments. (d) Installation and activation. Only an E–MTU VMS that has been approved by NMFS for Atlantic HMS Fisheries may be used. Any VMS unit must be in stalled by a qualified marine elec trician. When any NMFS-approved E– MTU VMS is installed and activated or reinstalled and reactivated, the vessel owner or operator must— (1) Follow procedures indicated on a NMFS-approved installation and acti vation checklist for the applicable fish ery, which is available from NMFS; (2) Submit to NMFS a statement cer tifying compliance with the checklist, as prescribed on the checklist; and, (3) Submit to NMFS the checklist, completed by a qualified marine elec trician. Vessels fishing prior to NMFS’ receipt of the completed checklist and compliance certification statement will be in violation of the VMS require ment. (e) Operation. (1) Owners or operators of vessels subject to requirements spec ified in paragraph (a) of this section must ensure the VMS unit is on so that 583 Fishery Conservation and Management § 635.69 it will submit automatic position re ports every hour, 24 hours a day. Ex cept as otherwise noted in this para graph (e)(1), the VMS unit must always be on, operating and reporting without interruption, and NMFS enforcement must receive hourly position reports without interruption. No person may interfere with, tamper with, alter, damage, disable, or impede the oper ation of a VMS unit, or attempt any of the same. Vessels fishing outside the geographic area of operation of the in stalled VMS will be in violation of the VMS requirement. Owners of vessels may request a documented power down exemption from NMFS enforcement if the vessel will not be fishing for an ex tended period of time. The request must describe the reason an exemption is being requested; the location of the vessel during the time an exemption is sought; the exact time period for which an exemption is needed (i.e., the time the VMS signal will be turned off and turned on again); and sufficient infor mation to determine that a power down exemption is appropriate. Ap proval of a power down must be docu mented and will be granted, at the dis cretion of NMFS enforcement, only in certain circumstances (e.g., when the vessel is going into dry dock for re pairs, or will not be fishing for an ex tended period of time). (2) Hailing out. Prior to departure for each trip, a vessel owner or operator must initially report to NMFS declar ing any highly migratory species the vessel will target on that trip and the specific type(s) of fishing gear that will be on board the vessel, using NMFS-de fined gear codes. If the vessel owner or operator participates in multiple HMS fisheries, or possesses multiple fishing gears on board the vessel, the vessel owner or operator must submit mul tiple electronic reports to NMFS. If, during the trip, the vessel switches to a gear type or species group not re ported on the initial declaration, an other declaration must be submitted before this fishing begins. This infor mation must be reported to NMFS using an attached VMS terminal or using another method as instructed by NMFS enforcement. (3) Hailing in. A vessel owner or oper ator must report advance notice of landing to NMFS. For the purposes of this paragraph (e)(3), landing means to arrive at a dock, berth, beach, seawall, or ramp. The vessel owner or operator is responsible for ensuring that NMFS is contacted at least 3 hours and no more than 12 hours in advance of land ing regardless of trip duration. This in formation must be reported to NMFS using an attached VMS terminal and must include the date, approximate time, and location of landing. (4) Bluefin tuna and fishing effort re porting requirements for vessels fish ing either with pelagic longline gear or purse seine gear—(i) Pelagic longline gear. The vessel owner or operator of a vessel that has pelagic longline gear on board must report to NMFS using the attached VMS terminal, or using an al ternative method specified by NMFS as follows: For each set, as instructed by NMFS, the date and area of the set, the number of hooks and the length of all bluefin retained (actual), and the length of all bluefin tuna discarded dead or alive (approximate), must be reported within 12 hours of the comple tion each pelagic longline haul-back. (ii) Purse Seine gear. The vessel owner or operator of a vessel that has purse seine gear on board must report to NMFS using the attached VMS ter minal, or using an alternative method specified by NMFS as follows: For each purse seine set, as instructed by NMFS, the date and area of the set, and the length of all bluefin retained (actual), and the length of all bluefin tuna dis carded dead or alive (approximate), must be reported within 12 hours of the completion of the retrieval of each set. (5) Vessel owners or operators that decide not to fish for or retain HMS for a period of time encompassing two or more trips may follow the require ments of this paragraph (e)(5) in lieu of paragraphs (e)(2) and (e)(3) of this sec tion. (i) If a vessel owner or operator de cides not to fish for or retain HMS for a period of time encompassing two or more trips, that owner or operator may choose to ‘‘declare out’’ of the fishery. To ‘‘declare out,’’ the vessel owner or operator must contact NMFS using an attached VMS terminal to indicate the operator does not plan to fish for or re tain HMS. By ‘‘declaring out’’ of the 584 50 CFR Ch. VI (10–1–22 Edition) § 635.70 HMS fishery, the vessel owner or oper ator is exempt from the requirements of paragraphs (e)(2) and (e)(3) of this section, unless the circumstances de scribed in paragraph (e)(5)(ii) of this section apply, but must still comply with all other HMS regulations that are applicable to the vessel including area and gear closures. (ii) If a vessel owner or operator has advised NMFS that it will not be fish ing for or retaining HMS as described in paragraph (e)(5)(i) of this section, but incidentally catches and retains any HMS while fishing, the vessel owner is required to change the target species declaration and advise NMFS, as described in paragraph (e)(2) of this section while at sea before landing with any HMS. The vessel must also re port advance notice of landing to NMFS as described in paragraph (e)(3) of this section. (iii) Once the vessel owner or oper ator changes the declaration per para graph (e)(5)(ii) of this section, that ves sel is assumed to be fishing under the requirements of paragraphs (e)(1) through (e)(3) of this section until the vessel owner or operator makes an other declaration under paragraph (e)(5) of this section. (f) Interruption. When the vessel oper ator is aware that transmission of automatic position reports has been in terrupted, or when notified by NMFS that automatic position reports are not being received, the vessel operator must contact NMFS and follow the in structions given. Such instructions may include but are not limited to manually communicating to a location designated by NMFS the vessel’s posi tion or returning to port until the VMS is operable. (g) Repair and replacement. After a fishing trip during which interruption of automatic position reports has oc curred, the vessel’s owner or operator must have a qualified marine elec trician replace or repair the VMS unit prior to the vessel’s next trip. Repair or reinstallation of a VMS unit or in stallation of a replacement, including change of communications service pro vider, shall be in accordance with the installation and activation require ments specified at § 635.69(d) of this part. (h) Access. As a condition to obtain ing a LAP for Atlantic swordfish, sharks, or tunas, all vessel owners or operators using pelagic or bottom longline or gillnet gear, subject to the VMS provisions of this section must allow NMFS, the USCG, and their au thorized officers and designees access to the vessel’s position data obtained from the VMS at the time of or after its transmission to the vendor or re ceiver, as the case may be. [64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 65 FR 47238, Aug. 1, 2000; 68 FR 45169, Aug. 1, 2003; 68 FR 74788, Dec. 24, 2003; 69 FR 51012, Aug. 17, 2004; 72 FR 57194, Oct. 5, 2007; 73 FR 40712, July 15, 2008; 75 FR 30528, June 1, 2010; 76 FR 75502, Dec. 2, 2011; 78 FR 68763, 68764, Nov. 15, 2013; 79 FR 71606, Dec. 2, 2014; 80 FR 73146, Nov. 24, 2015] § 635.70 Penalties. (a) General. See § 600.735 of this chap ter. (b) Civil procedures for Atlantic tuna. Because of the perishable nature of At lantic tuna when it is not chilled or frozen, an authorized officer may cause to be sold, for not less than its reason able market value, unchilled or unfrozen Atlantic tuna that may be seized and forfeited under ATCA and this part. § 635.71 Prohibitions. In addition to the prohibitions speci fied in § 600.725 of this chapter, it is un lawful for any person subject to the ju risdiction of the United States to vio late any provision of this part, ATCA, the Magnuson-Stevens Act, or any other rules promulgated under ATCA or the Magnuson-Stevens Act. (a) General. It is unlawful for any per son or vessel subject to the jurisdiction of the United States to: (1) Falsify information required on an application for a permit submitted under § 635.4 or § 635.32. (2) Fish for, catch, possess, retain, land, or sell Atlantic HMS without the appropriate valid vessel permit with the appropriate endorsements, LAP, EFP, scientific research permit, dis play permit, chartering permit, or shark research permit on board the vessel, as specified in §§ 635.4 and 635.32. 585 Fishery Conservation and Management § 635.71 (3) Purchase, receive, or transfer or attempt to purchase, receive, or trans fer, for commercial purposes, Atlantic bluefin tuna landed by owners of ves sels not permitted to do so under § 635.4, or purchase, receive, or transfer, or attempt to purchase, receive, or transfer Atlantic bluefin tuna without the appropriate valid Federal Atlantic tunas dealer permit issued under § 635.4. Purchase, receive, or transfer or at tempt to purchase, receive, or transfer, for commercial purposes, other than solely for transport, any BAYS tunas, swordfish, or sharks landed by owners of vessels not permitted to do so under § 635.4, or purchase, receive, or transfer, or attempt to purchase, receive, or transfer, for commercial purposes, other than solely for transport, any BAYS tunas, swordfish, or sharks with out the appropriate valid dealer permit issued under § 635.4 or submission of re ports by dealers to NMFS according to reporting requirements specified in § 635.5. This prohibition does not apply to HMS harvested by HMS Commercial Caribbean Small Boat vessel permit holders operating in the U.S. Caribbean as defined at § 622.2 or to a shark har vested from a vessel that has not been issued a permit under this part and that fishes exclusively within the waters under the jurisdiction of any state. (4) Sell or transfer or attempt to sell or transfer, for commercial purposes, an Atlantic tuna, shark, or swordfish other than to a dealer that has a valid dealer permit issued under § 635.4, ex cept that this does not apply to HMS Commercial Caribbean Small Boat ves sel permit holders operating in the U.S. Caribbean as defined at § 622.2, or to a shark harvested by a vessel that has not been issued a permit under this part and that fishes exclusively within the waters under the jurisdiction of any state. (5) Fail to possess and make available for inspection a vessel permit on board the permitted vessel or upon transfer of HMS to a dealer or a dealer permit at the dealer’s place of business, or to alter any such permit as specified in § 635.4(a). (6) Falsify or fail to record, report, or maintain information required to be recorded, reported, or maintained, as specified in §§ 635.5 and 635.32 or in the terms and conditions of a permit issued under § 635.4 or an EFP, scientific re search permit, display permit, char tering permit, or shark research permit issued under § 635.32. (7) Fail to allow an authorized agent of NMFS to inspect and copy reports and records, as specified in § 635.5(e) and (f) or § 635.32. (8) Fail to make available for inspec tion an Atlantic HMS or its area of custody, as specified in § 635.5(e) and (f). (9) Fail to report the catching of any Atlantic HMS to which a conventional tag has been affixed under a tag and re lease program as specified in § 635.26(a). (10) Falsify or fail to display and maintain vessel and gear identifica tion, as specified in § 635.6. (11) Fail to comply with the require ments for at-sea observer coverage, as specified in § 635.7 and § 600.746. (12) For any person to assault, resist, oppose, impede, intimidate, interfere with, obstruct, delay, or prevent, by any means, any authorized officer in the conduct of any search, inspection, seizure or lawful investigation made in connection with enforcement of this part. (13) Interfere with, delay, or prevent by any means, the apprehension of an other person, knowing that such person has committed any act prohibited by this part. (14) Fail to install, activate, repair, or replace a NMFS-approved E–MTU vessel monitoring system prior to leav ing port with pelagic longline gear, bottom longline gear, gillnet gear, or purse seine gear on board the vessel as specified in § 635.69. (15) Tamper with, or fail to operate and maintain a vessel monitoring sys tem as specified in § 635.69. (16) Fail to contact NMFS or follow NMFS instructions when automatic po sition reporting has been interrupted as specified in § 635.69. (17) Fish for Atlantic tunas or sword fish with a gillnet or possess Atlantic tunas or swordfish on board a vessel with a gillnet on board, as specified in § 635.19(a), (b), and (e). (18) Fail to retrieve fishing gear and move after an interaction with a pro tected species, as specified in § 635.21(b)(3). 586 50 CFR Ch. VI (10–1–22 Edition) § 635.71 (19) Utilize secondary gears as speci fied in § 635.19(a) to capture, or attempt to capture, any undersized or free swimming Atlantic HMS, or fail to re lease a captured Atlantic HMS in the manner specified in § 635.21(a). (20) Fail to return a surgically im planted archival tag of a retained At lantic HMS to NMFS or the research entity, as specified in § 635.33, or fail to report the fish, as specified in § 635.5. (21) Fail to maintain an Atlantic HMS in the form specified in § 635.30. (22) Fish for, catch, retain, or possess an Atlantic HMS that is less than its minimum size limit specified in § 635.20. (23) Fail to comply with the restric tions on use of pelagic longline, bottom longline, gillnet, buoy gear, speargun gear, or green-stick gear as specified in § 635.21. (24) Import, or attempt to import, any fish or fish products regulated under this part in a manner contrary to any import requirements or import restrictions specified at § 635.40 or 635.41. (25) Dispose of fish or parts thereof or other matter in any manner after any communication or signal from an au thorized officer, or after the approach of an authorized officer. (26) Violate the terms and conditions or any provision of a permit issued under § 635.4 or § 635.32. (27) Operate a charterboat or headboat without a valid U.S. Coast Guard merchant marine or uninspected passenger vessel license on board the vessel when fishing for or possessing Atlantic HMS as specified at § 635.4(b). (28) Violate any provision of this part, the Magnuson-Stevens Act, ATCA, or any regulations or permits issued under the Magnuson-Stevens Act or ATCA. (29) Land, transship, ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control: (i) Any fish that the person knows, or should have known, was taken, re tained, possessed, or landed contrary to this part, without regard to the citi zenship of the person or registry of the fishing vessel that harvested the fish. (ii) Any fish of a species regulated pursuant to a recommendation of ICCAT that was harvested, retained, or possessed in a manner contrary to the regulations of another country. (30) Deploy or fish with any fishing gear from a vessel or anchor a fishing vessel, permitted or required to be per mitted under this part, in any closed area as specified at § 635.21. (31) Deploy or fish with any fishing gear from a vessel with a pelagic longline on board in any closed or gear restricted areas during the time peri ods specified at § 635.21(c)(2). (32) In the Gulf of Mexico, deploy or fish a pelagic longline with live bait af fixed to the hooks or to possess live bait, or set up a well or tank to main tain live bait, aboard a vessel with pe lagic longline gear on board as speci fied at § 635.21(c)(4). (33) Deploy or fish with any fishing gear from a vessel with pelagic or bot tom longline gear on board without carrying the required sea turtle by catch mitigation gear, as specified at § 635.21(c)(5)(i) for pelagic longline gear and § 635.21(d)(2) for bottom longline gear. This equipment must be utilized in accordance with § 635.21(c)(5)(ii) and (d)(2) for pelagic and bottom longline gear, respectively. (34) Fail to disengage any hooked or entangled sea turtle with the least harm possible to the sea turtle as spec ified at § 635.21 (c)(5) or (d)(2). (35) For any person to assault, resist, oppose, impede, intimidate, interfere with, obstruct, delay, or prevent, by any means, NMFS personnel or anyone collecting information for NMFS, under an agreement or contract, relat ing to the scientific monitoring or management of Atlantic HMS. (36) Fish with bottom or pelagic longline and shark gillnet gear for HMS without adhering to the gear op eration and deployment restrictions re quired in 50 CFR 635.21. (37) Fail to report to NMFS, at the number designated by NMFS, the inci dental capture of listed whales with shark gillnet gear as required by § 635.21(g)(1). (38) Fish for, or possess on board a fishing vessel, species regulated under this part in unauthorized fishing areas as specified in § 635.25. (39) Deploy or fish with any fishing gear, from a vessel with a bottom longline on board, in any closed area 587 Fishery Conservation and Management § 635.71 during the time periods specified at § 635.21(d)(1). (40) Deploy or fish with any fishing gear, from a vessel with bottom longline gear on board, without car rying a dipnet, line clipper, and dehooking device as specified at § 635.21(d)(2). (41) Fail to immediately notify NMFS upon the termination of a char tering arrangement as specified in § 635.5(a)(5). (42) Count chartering arrangement catches against quotas other than those defined as the Contracting Party of which the chartering foreign entity is a member as specified in § 635.5(a)(5). (43) Fail to submit catch information regarding fishing activities conducted under a chartering arrangement with a foreign entity, as specified in § 635.5(a)(5). (44) Offload charter arrangement catch in ports other than ports of the chartering Contracting Party of which the foreign entity is a member or off load catch without the direct super vision of the chartering foreign entity as specified in § 635.5(a)(5). (45) Import or attempt to import tuna or tuna-like species harvested from the ICCAT convention area by a fishing vessel that is not listed in the ICCAT record of authorized vessels as specified in § 635.41(b). (46) Import or attempt to import tuna or tuna-like species harvested by a fishing vessel on the ICCAT illegal, unreported, and unregulated fishing list as specified in § 635.41(c). (47) Import or attempt to import tuna or tuna-like species, placed in cages for farming and/or trans shipment, harvested in the ICCAT con vention area and caught by a fishing vessel included on the ICCAT list as en gaged in illegal, unreported, and un regulated fishing as specified in § 635.41(d). (48) Purchase any HMS that was offloaded from an individual vessel in excess of the retention limits specified in §§ 635.23 and 635.24. (49) Sell any HMS that was offloaded from an individual vessel in excess of the retention limits specified in §§ 635.23 and 635.24. (50) Fish without a NMFS safe han dling, release, and identification work shop certificate, as required in § 635.8. (51) Fish without having on board the vessel a valid safe handling, release, and identification workshop certificate issued to the vessel owner and operator as required in § 635.8. (52) Falsify a NMFS safe handling, re lease, and identification workshop cer tificate or a NMFS Atlantic shark identification workshop certificate as specified at § 635.8. (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 ac cess 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). (54) Possess, use, or deploy, in the Gulf of Mexico, with pelagic longline gear on board, any circle hook that is constructed of round wire stock that is larger than 3.65 mm in diameter during the months of January through June of any calendar year as specified in § 635.21(c)(5)(iii). (55) Fail to electronically submit an Atlantic HMS dealer report through the HMS electronic dealer reporting system to report BAYS tunas, sword fish, and sharks to NMFS in accord ance with § 635.5, if issued, or required to be issued, a Federal Atlantic HMS dealer permit pursuant to § 635.4. (56) Have been issued a valid HMS Commercial Caribbean Small Boat per mit and to purchase, barter for, or trade for HMS harvested by other ves sels with the intent to sell, as specified in § 635.4(o)(5). (57) Fail to appropriately stow longline gear when transiting a closed or gear restricted area or a monitoring area that has been closed, as specified in § 635.21(b)(2). (58) Deploy or fish with any fishing gear from a vessel with a pelagic longline gear on board in a monitoring area that has been closed as specified at § 635.21(c)(3). (59) Fish for, retain, possess, or land any HMS from a vessel with a pelagic longline on board when the Atlantic Tunas Longline category fishery is 588 50 CFR Ch. VI (10–1–22 Edition) § 635.71 closed, as specified in § 635.28(a)(3), (b)(7), (c)(3), and (d). (60) Buy, trade, or barter for any HMS from a vessel with pelagic longline gear is on board when the At lantic Tunas Longline category fishery is closed, as specified in § 635.31(a)(2), (c), and (d). (61) Transfer in port or at sea any tuna, tuna-like species, or other HMS, as specified in § 635.29(a). (62) A vessel owner or operator that has an HMS Charter/Headboat permit without a commercial sale endorse ment is prohibited from selling any At lantic HMS. (b) Atlantic tunas. It is unlawful for any person or vessel subject to the ju risdiction of the United States to: (1) Engage in fishing with a vessel that has been issued an Atlantic Tunas or Atlantic HMS permit under § 635.4, unless the vessel travels to and from the area where it will be fishing under its own power and the person operating that vessel brings any BFT under con trol (secured to the catching vessel and/or brought on board) with no as sistance from another vessel, except as shown by the operator that the safety of the vessel or its crew was jeopard ized or other circumstances existed that were beyond the control of the op erator. (2) [Reserved] (3) Fish for, catch, retain, or possess a BFT less than the large medium size class by a person aboard a vessel other than one that has on board a valid HMS Angling or Charter/Headboat per mit, or an Atlantic tunas Purse Seine category permit as authorized under § 635.23 (b), (c), and (e)(2). (4) Fail to inspect a vessel’s permit, fail to affix a dealer tag to a large me dium or giant BFT, or fail to use such tag as specified in § 635.5(b)(2). (5) Fail to report a large medium or giant bluefin tuna that is not sold, as specified in § 635.5(a)(3), or fail to report a bluefin tuna that is sold, as specified in § 635.5(a)(4). (6) As the owner of a vessel per mitted, or required to be permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat category, fail to report a BFT, as specified in § 635.5(c)(1) or (c)(3). (7) Fish for, catch, retain, or possess a bluefin tuna with gear not authorized for the category permit issued to the vessel or to have such gear on board when in possession of a bluefin tuna, as specified in § 635.19(b). (8) Fail to request an inspection of a purse seine vessel, as specified in § 635.21(e)(2). (9) Fish for or catch BFT in a di rected fishery with purse seine nets without an allocation made under § 635.27(a)(4). (10) Fish for or catch any Atlantic tunas in a directed fishery with purse seine nets if there is no remaining BFT allocation made under § 635.27 (a)(4). (11) Exceed the recreational catch limit for yellowfin tuna, as specified in § 635.22(d). (12) Exceed a catch limit for BFT specified for the appropriate permit category, as specified in § 635.23. (13) As a vessel with an Atlantic Tunas General category permit, fail to immediately cease fishing and imme diately return to port after catching the applicable limit of large medium or giant bluefin tuna on a commercial fishing day, as specified in § 635.23(a)(3). (14) As a person aboard a vessel issued an HMS Angling or Charter/ Headboat permit, fail to immediately cease fishing and immediately return to port after catching a large medium or giant BFT or fail to report such catch, as specified in § 635.23(b)(1)(iii) and (c)(1) through (c)(3). (15) As a person aboard a vessel issued an HMS Angling or HMS Char ter/Headboat permit, sell, offer for sale, or attempt to sell a large medium or giant BFT retained when fishing under the circumstances specified in § 635.23(b)(1)(iii) and (c)(1) through (c)(3). (16) Retain a BFT caught under the catch and release program specified in § 635.26. (17) As a vessel with an Atlantic Tunas Purse Seine category permit, catch, possess, retain, or land bluefin in excess of its allocation of the Purse Seine category quota as specified in § 635.23(e), or fish for bluefin under that allocation prior to the commencement date of the directed bluefin purse seine fishery as specified in § 635.27(a)(4). 589 Fishery Conservation and Management § 635.71 (18) As a vessel with a Purse Seine category Atlantic tunas permit, land BFT smaller than the large medium size class except as specified under § 635.23(e)(2). (19) Fish for, retain, possess, or land a BFT when the fishery is closed, as specified in § 635.28(a), except as may be authorized for catch and release under § 635.26. (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 ap proach 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. (21) Transfer a tuna as specified in § 635.29(a), except as may be authorized for the transfer of Atlantic BFT be tween purse seine vessels, as specified in § 635.29(c). (22) As the owner or operator of a purse seine vessel, fail to comply with the requirement for possession at sea and landing of BFT under § 635.30(a). (23) Fish for, catch, possess, or retain a bluefin tuna, except as specified under § 635.23. (24) Fail to comply with the restric tions on sale and purchase of an Atlan tic tuna, as specified in §§ 635.5(b), 635.23, and 635.31(a). (25) [Reserved] (26) For any person to refuse to pro vide information requested by NMFS personnel or anyone collecting infor mation for NMFS, under an agreement or contract, relating to the scientific monitoring or management of Atlantic tunas. (27) Possess a large medium or giant BFT, after it has been landed, that does not have a dealer tag affixed to it as specified in § 635.5(b)(2)(ii), unless the BFT is not to be sold and has been reported per the requirements specified in §§ 635.5(a)(3) or 635.5(c). (28) Participate in any HMS rec reational fishing activity aboard a ves sel issued an Atlantic Tunas General category permit unless, as specified at § 635.4(c)(2) and (3), the vessel has reg istered and paid an entry fee to, and is fishing under the rules of, a rec reational HMS fishing tournament reg istered as required under § 635.5(d) (29) [Reserved] (30) Fish for any HMS, other than At lantic BAYS tunas, with speargun fish ing gear, as specified at § 635.21(i). (31) Harvest or fish for BAYS tunas using speargun gear with powerheads, or any other explosive devices, as spec ified in § 635.21(i). (32) Sell, purchase, barter for, or trade for an Atlantic BAYS tuna har vested with speargun fishing gear, as specified at § 635.31(a)(1). (33) Fire or discharge speargun gear without being physically in the water, as specified at § 635.21(i). (34) Use speargun gear to harvest a BAYS tuna restricted by fishing lines or other means, as specified at § 635.21(i). (35) Use speargun gear to fish for BAYS tunas from a vessel that does not possess either a valid HMS Angling or HMS Charter/Headboat permit, as specified at § 635.21(i). (36) Possess J-hooks onboard a vessel that has pelagic longline gear on board, and that has been issued or required to be issued a LAP under this part, except when green-stick gear is on board, as specified at § 635.21(c)(2)(v)(A) and (c)(5)(iii)(C). (37) Use or deploy J-hooks with pe lagic longline gear from a vessel that has been issued, or required to be issued a LAP under this part, as speci fied in § 635.21(c)(5)(iii)(C). (38) As specified in § 635.21(c)(5)(iii)(C), possess more than 20 J-hooks on board a vessel that has been issued or required to be issued a LAP under this part, when possessing onboard both pelagic longline gear and green-stick gear as defined in § 635.2. (39) Use or deploy more than 10 hooks at one time on any individual green stick gear, as specified in § 635.21(c)(2)(v)(A), (c)(5)(iii)(C), or (j). (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 on board a vessel that has been issued or required to be issued a LAP under this part, as specified at § 635.21(c)(2)(v)(A) or (c)(5)(iii)(C). 590 50 CFR Ch. VI (10–1–22 Edition) § 635.71 (41) Fail to report bluefin catch by pelagic longline or purse seine gear, through VMS as specified at § 635.69(e)(4). (42) Fail to report all dead discards or landings of bluefin through the NMFS electronic catch reporting system within 24 hours of landing or the end of the trip as specified at § 635.5(a)(4). (43) Fish for, retain, possess, or land albacore tuna when the fishery is closed, as specified in § 635.28(d). (44) Buy, purchase, trade, or barter for albacore tuna when the fishery is closed, as specified in § 635.31(a)(2)(ii). (45) Fail to comply with landing re port requirements, as specified under § 635.5(b)(2)(i)(A). (46) Deploy or fish with any fishing gear from a vessel with a pelagic longline on board that does not have an approved and working EM system as specified in § 635.9; tamper with, or fail to install, operate or maintain one or more components of the EM system; obstruct the view of the camera(s); or fail to handle bluefin tuna in a manner that allows the camera to record the fish; as specified in § 635.9. (47) Depart on a fishing trip or deploy or fish with any fishing gear from a vessel with a pelagic longline on board without a minimum amount of IBQ al location available for that vessel, as specified in § 635.15(b)(3), as applicable. (48) Depart on a fishing trip or deploy or fish with any fishing gear from a vessel with a pelagic longline on board without accounting for bluefin caught as specified in § 635.15(b)(4). (49) Lease bluefin quota allocation to or from the owner of a vessel not issued a valid Atlantic Tunas Longline permit or not an Atlantic Tunas Purse Seine participant as specified under § 635.15(c)(1). (50) Fish in the Gulf of Mexico with pelagic longline gear on board if the vessel has only designated Atlantic IBQ allocation, as specified under § 635.15(b)(2). (51) Depart on a fishing trip or deploy or fish with any fishing gear from a vessel with a pelagic longline on board in the Gulf of Mexico, without a min imum amount of designated GOM IBQ allocation available for that vessel, as specified in § 635.15(b)(3). (52) If leasing IBQ allocation, fail to provide all required information on the application, as specified under § 635.15(c)(2). (53) Lease IBQ allocation in an amount that exceeds the amount of IBQ allocation associated with the les sor, as specified under § 635.15(c)(2). (54) Sell quota share, as specified under § 635.15(d). (55) Fail to provide bluefin tuna land ings and dead discard information as specified at § 635.15(b)(4)(iii). (56) Fish with or have pelagic longline gear on board if any quota debt associated with the permit from a preceding calendar year quarter has not been settled as specified in § 635.15(b)(5)(i). (57) Lease IBQ allocation during the period from 6 p.m. December 31 to 2 p.m. January 1 (Eastern Time) as speci fied at § 635.15(c)(3)(iv). (58) Lease IBQ allocation if the condi tions of paragraph § 635.15(c)(2) are not met. (59) Fish with or have pelagic longline gear on board if any annual level quota debt associated with the vessel from a preceding year has not been settled, as specified at § 635.15(b)(5)(ii). (c) Billfish. It is unlawful for any per son or vessel subject to the jurisdiction of the United States to: (1) As specified in § 635.19(c), retain a billfish harvested by gear other than rod and reel, or retain a billfish on board a vessel unless that vessel has been issued an Atlantic HMS Angling or Charter/Headboat permit or has been issued an Atlantic Tunas General cat egory permit and is participating in a tournament in compliance with § 635.4(c). (2) Transfer a billfish in port or at sea, as specified in § 635.29(a). (3) Fail to maintain a billfish in the form specified in § 635.30(b). (4) Sell or purchase a billfish, as spec ified in § 635.31(b). (5) Retain onboard a vessel a longbill spearfish, or a blue marlin, white mar lin, roundscale spearfish, or sailfish that is less than the minimum size specified in § 635.20(d). (6) As the owner of a vessel per mitted, or required to be permitted, in the Atlantic HMS Angling or Atlantic 591 Fishery Conservation and Management § 635.71 HMS Charter/Headboat category, fail to report a billfish, as specified in § 635.5(c)(2) or (c)(3). (7) Deploy a J-hook or an offset circle hook in combination with natural bait or a natural bait/artificial lure com bination when participating in a tour nament for, or including, Atlantic bill fish, as specified in § 635.21(f). (8) Take, retain, or possess an Atlan tic blue marlin, white marlin, and roundscale spearfish when the fishery for these species has been restricted to catch and release fishing only, as speci fied in § 635.27(d). (d) Shark. It is unlawful for any per son or vessel subject to the jurisdiction of the United States to: (1) Exceed a recreational retention limit for shark, as specified in § 635.22(c). (2) Exceed a commercial retention limit for shark, as specified in § 635.24(a). (3) Retain, possess, or land a shark of a species or management group when the fishery for that species, manage ment group, region, and/or sub-region is closed, as specified in § 635.28(b). (4) Sell or purchase a shark of a spe cies or management group when the fishery for that species, management group, region, and/or sub-region is closed, as specified in § 635.28(b). (5) Transfer a shark in port or at sea, as specified in§ 635.29(a). (6) Fail to maintain a shark in its proper form, as specified in § 635.30(c). Fail to maintain naturally attached shark fins through offloading as speci fied in § 635.30(c), except for under the conditions specified in § 635.30(c)(5). (7) Sell or purchase smooth dogfish fins that are disproportionate to the weight of smooth dogfish carcasses, as specified in § 635.30(c)(5). (8) Fail to have shark fins and car casses weighed and recorded, as speci fied in § 635.30(c). (9) Fail to comply with the restric tions on sale and purchase of a shark, as specified in § 635.31(c). (10) Retain, possess, sell, or purchase a prohibited shark, including parts or pieces of prohibited sharks, as specified under §§ 635.22(c), 635.24(a), and 635.27(b), or fail to disengage any hooked or en tangled prohibited shark with the least harm possible to the animal as speci fied at § 635.21(d). (11) First receive or attempt to first receive Atlantic sharks without a valid Federal Atlantic shark dealer or proxy Atlantic shark identification workshop certificate issued to the dealer or proxy or fail to be certified for completion of a NMFS Atlantic shark identification workshop in violation of § 635.8. (12) Fish for Atlantic sharks with un authorized gear or possess Atlantic sharks on board a vessel with unau thorized gear on board as specified in § 635.19(d). (13) Fish for Atlantic sharks with a gillnet or possess Atlantic sharks on board a vessel with a gillnet on board, except as specified in § 635.21(g). (14) First receive or attempt to first receive Atlantic sharks without mak ing available for inspection, at each of the dealer’s places of business listed on the dealer permit which first receives Atlantic sharks, an original, valid deal er or proxy Atlantic shark identifica tion workshop certificate issued by NMFS to the dealer or proxy in viola tion of § 635.8(b), except that trucks or other conveyances of the business must possess a copy of such certificate. (15) Sell or transfer or attempt to sell or transfer a shark or sharks or part of a shark or sharks in excess of the re tention limits specified in § 635.24(a). (16) First receive or attempt to first receive a shark or sharks or part of a shark or sharks landed in excess of the retention limits specified in § 635.24(a). (17) Replace sharks that are onboard the vessel for retention with sharks of higher quality or size that are caught later in a particular trip as specified in § 635.24(a). (18) Retain or possess on board a ves sel in the trawl fishery smoothhound sharks in an amount that exceeds 25 percent, by weight, of the total fish on board or offloaded from the vessel, as specified at § 635.24(a)(7). (19) Retain, possess, transship, land, store, sell or purchase silky sharks, oceanic whitetip sharks, or scalloped, smooth, or great hammerhead sharks as specified in § 635.21(c)(1)(ii), § 635.22(a)(2), § 635.24, and § 635.31(c)(6). (20) Retain, possess, or land porbeagle sharks that were alive at the time of haulback as specified in 592 50 CFR Ch. VI (10–1–22 Edition) § 635.71 §§ 635.21(c)(1)(iii), 635.22(a)(3), and 635.24 (a)(10). (21) Fish for, retain, possess, or land sharks without a shark endorsement, as specified in § 635.4(b) and (c). (22) Except when fishing only with flies or artificial lures, fish for, retain, possess, or land sharks without deploy ing non-offset, corrodible circle hooks when fishing at a registered rec reational HMS fishing tournament that has awards or prizes for sharks, as specified in § 635.21(f) and (k). (23) Except when fishing only with flies or artificial lures, fish for, retain, possess, or land sharks without deploy ing non-offset, corrodible circle hooks when issued an Atlantic HMS Angling permit or HMS Charter/Headboat per mit with a shark endorsement, as spec ified in § 635.21(f) and (k). (24) Release sharks with more than 3 feet (91.4 cm) of trailing gear, as speci fied in § 635.21(c)(6). (25) Fail to follow the fleet commu nication and relocation protocol for dusky sharks as specified at § 635.21(c)(6), (d)(2), and (g)(5). (26) Deploy bottom longline gear without circle hooks, or have on board both bottom longline gear and non-cir cle hooks, as specified at § 635.21(d)(4). (27) Retain, land, or possess a shortfin mako shark that was caught with gear other than pelagic longline, bottom longline, or gillnet gear as specified at § 635.21(a). (28) Retain, land, or possess a shortfin mako shark that was caught with pelagic longline, bottom longline, or gillnet gear and was alive at haulback as specified at § 635.21(c)(1), (d)(5), and (g)(6). (29) As specified at § 635.21(c)(1), re tain, land, or possess a shortfin mako shark that was caught with pelagic longline gear when the electronic mon itoring system was not installed and functioning in compliance with the re quirements at § 635.9. (e) Swordfish. It is unlawful for any person or vessel subject to the jurisdic tion of the United States to: (1) Purchase, barter for, or trade for a swordfish from the north or south At lantic swordfish stock without a dealer permit as specified in § 635.4(g), unless the harvesting vessel possesses a valid HMS Commercial Caribbean Small Boat permit issued under § 635.4 of this part and harvested the swordfish in the U.S. Caribbean as defined at § 622.2. (2) Fail to comply with the restric tions on use of a pelagic longline speci fied in § 635.21(b) and (c). (3) When the directed fishery for swordfish is closed, exceed the limits specified in § 635.28(c)(1)(i) and (c)(1)(ii). (4) When the incidental catch fishery for swordfish is closed, possess, land, sell, or purchase a swordfish, as speci fied in § 635.28(c)(2). (5) Transfer a swordfish in port or at sea, as specified in § 635.29(a). (6) Fail to maintain a swordfish in the form specified in § 635.30(d). (7) Fail to comply with the restric tions on sale and purchase of a sword fish, as specified in § 635.31(d). (8) Fish for North Atlantic swordfish from, possess North Atlantic swordfish on board, or land North Atlantic swordfish from a vessel using or having on board gear other than pelagic longline, green-stick gear, or handgear, except as specified at § 635.19(e). (9) Fish for swordfish from the South Atlantic swordfish stock using gear other than pelagic longline, as speci fied at § 635.19(e)(1) and § 635.27(c)(1)(ii). (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 with § 635.4(f) or a valid HMS Commer cial Caribbean Small Boat permit in accordance with § 635.4(o). (11) As the owner of a vessel per mitted, 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 speci fied at § 635.21(h). (12) Fail to mark each buoy gear as required at § 635.6(c)(1). (13) Exceed the incidental catch re tention limits specified at § 635.24(b). 593 Fishery Conservation and Management Pt. 635, App. A (14) Exceed the recreational catch limit for North Atlantic swordfish, as specified in § 635.22(f). (15) As the owner of a vessel per mitted, or required to be permitted, in the Atlantic HMS Angling or the At lantic HMS Charter/Headboat category (and only when on a for-hire trip), fail to report a North Atlantic swordfish, as specified in § 635.5(c)(2) or (c)(3). (16) Possess any HMS, other than At lantic swordfish, harvested with buoy gear as specified at § 635.19 unless issued a valid HMS Commercial Carib bean Small Boat permit and operating within the U.S. Caribbean as defined at § 622.2 of this chapter. (17) Failure to construct, deploy, or retrieve buoy gear as specified at § 635.21(h). (18) As the owner of a vessel per mitted, or required to be permitted, in the Swordfish General Commercial per mit category, possess North Atlantic swordfish taken from its management unit by any gear other than rod and reel, handline, bandit gear, green-stick, or harpoon gear, as specified in § 635.19(e). [64 FR 29135, May 28, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 635.71, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. APPENDIX A TO PART 635—SPECIES TABLES TABLE 1 OF APPENDIX A TO PART 635— OCEANIC SHARKS A. Large Coastal Sharks Atlantic and Gulf of Mexico blacktip, Carcharhinus limbatus Bull, Carcharhinus leucas Great hammerhead, Sphyrna mokarran Lemon, Negaprion brevirostris Nurse, Ginglymostoma cirratum Sandbar, Carcharhinus plumbeus Scalloped hammerhead, Sphyrna lewini Silky, Carcharhinus falciformis Smooth hammerhead, Sphyrna zygaena Spinner, Carcharhinus brevipinna Tiger, Galeocerdo cuvier B. Small Coastal Sharks Atlantic and Gulf of Mexico Atlantic sharpnose, Rhizoprionodon terraenovae Atlantic and Gulf of Mexico blacknose, Carcharhinus acronotus Atlantic and Gulf of Mexico bonnethead, Sphyrna tiburo TABLE 1 OF APPENDIX A TO PART 635— OCEANIC SHARKS—Continued Finetooth, Carcharhinus isodon C. Pelagic Sharks Blue, Prionace glauca Oceanic whitetip, Carcharhinus longimanus Porbeagle, Lamna nasus Shortfin mako, Isurus oxyrinchus Thresher, Alopias vulpinus D. Prohibited Sharks Atlantic angel, Squatina dumeril Basking, Cetorhinus maximus Bigeye sand tiger, Odontaspis noronhai Bigeye sixgill, Hexanchus nakamurai Bigeye thresher, Alopias superciliosus Bignose, Carcharhinus altimus Caribbean reef, Carcharhinus perezii Caribbean sharpnose, Rhizoprionodon porosus Dusky, Carcharhinus obscurus Galapagos, Carcharhinus galapagensis Longfin mako, Isurus paucus Narrowtooth, Carcharhinus brachyurus Night, Carcharhinus signatus Sand tiger, Carcharias taurus Sevengill, Heptranchias perlo Sixgill, Hexanchus griseus Smalltail, Carcharhinus porosus Whale, Rhincodon typus White, Carcharodon carcharias E. Smoothhound Sharks Smooth dogfish, Mustelus canis Florida smoothhound, Mustelus norrisi Gulf smoothhound, Mustelus sinusmexicanus Mustelus species TABLE 2 OF APPENDIX A TO PART 635— PELAGIC SPECIES Albacore tuna, Thunnus alalunga Bigeye tuna, Thunnus obesus Blue shark, Prionace glauca Bluefin tuna, Thunnus thynnus Dolphin fish, Coryphaena hippurus Oceanic whitetip shark, Carcharhinus longimanus Porbeagle shark, Lamna nasus Shortfin mako shark, Isurus oxyrinchus Skipjack tuna, Katsuwonus pelamis Swordfish, Xiphias gladius Thresher shark, Alopias vulpinus Wahoo, Acanthocybium solandri Yellowfin tuna, Thunnus albacares TABLE 3 OF APPENDIX A TO PART 635— DEMERSAL SPECIES Atlantic sharpnose shark, Rhizoprionodon terraenovae Black grouper, Mycteroperca bonaci Blackfin snapper, Lutjanus buccanella Blacknose shark, Carcharhinus acronotus Blacktip shark, Carcharhinus limbatus Blueline tilefish, Caulolatilus microps Bonnethead shark, Sphyrna tiburo Bull shark, Carcharhinus leucas Cubera snapper, Lutjanus cyanopterus Dog snapper, Lutjanus jocu 594 50 CFR Ch. VI (10–1–22 Edition) Pt. 648 Finetooth shark, Carcharhinus isodon Gag grouper, Mycteroperca microlepis Lane snapper, Lutjanus synagris Lemon shark, Negaprion brevirostris Mangrove snapper, Lutjanus griseus Marbled grouper, Dermatolepis inermis Misty grouper, Epinephelus mystacinus Mutton snapper, Lutjanus analis Nurse shark, Ginglymostoma cirratum Queen snapper, Etelis oculatus Red grouper, Epinephelus morio Red hind, Epinephelus guttatus Red snapper, Lutjanus campechanus Rock hind, Epinephelus adscensionis Sand tilefish, Malacanthus plumieri Sandbar shark, Carcharhinus plumbeus Schoolmaster snapper, Lutjanus apodus Silk snapper, Lutjanus vivanus Snowy grouper, Epinephelus niveatus Speckled hind, Epinephelus drummondhayi Spinner shark, Carcharhinus brevipinna Tiger shark, Galeocerdo cuvieri Tilefish, Lopholatilus chamaeleonticeps Vermilion snapper, Rhomboplites aurorubens Warsaw grouper, Epinephelus nigritus Yellowedge grouper, Epinephelus flavolimbatus Yellowfin grouper, Mycteroperca venenosa Yellowtail snapper, Ocyurus chrysurus [64 FR 29135, May 28, 1999, as amended at 71 FR 58174, Oct. 2, 2006; 75 FR 30528, June 1, 2010; 76 FR 70066, Nov. 10, 2011; 78 FR 40349, July 3, 2013; 80 FR 50102, Aug. 18, 2015; 80 FR 73146, Nov. 24, 2015] PART 644 [RESERVED] PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES Subpart A—General Provisions Sec. 648.1 Purpose and scope. 648.2 Definitions. 648.3 Relation to other laws. 648.4 Vessel permits. 648.5 Operator permits. 648.6 Dealer/processor permits. 648.7 Recordkeeping and reporting require ments. 648.8 Vessel identification. 648.9 VMS vendor and unit requirements. 648.10 VMS and DAS requirements for ves sel owners/operators. 648.11 Monitoring coverage. 648.12 Experimental fishing. 648.13 Transfers at sea. 648.14 Prohibitions. 648.15 Facilitation of enforcement. 648.16 Penalties. 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area. 648.18 Standardized bycatch reporting methodology. Subpart B—Management Measures for the Mackerel, Squid, and Butterfish Fisheries 648.20 Mid-Atlantic Fishery Management Council Acceptable Biological Catch (ABC) control rules. 648.21 Mid-Atlantic Fishery Management Council risk policy. 648.22 Mackerel, squid, and butterfish speci fications. 648.23 Mackerel, squid, and butterfish gear restrictions. 648.24 Fishery closures and accountability measures. 648.25 Mackerel, squid, and butterfish framework adjustments to management measures. 648.26 Mackerel, squid, and butterfish pos session restrictions. Subpart C—Management Measures for Atlantic Salmon 648.40 Prohibition on possession. 648.41 Framework specifications. Subpart D—Management Measures for the Atlantic Sea Scallop Fishery 648.50 Shell-height standard. 648.51 Gear and crew restrictions. 648.52 Possession and landing limits. 648.53 Overfishing limit (OFL), acceptable biological catch (ABC), annual catch lim its (ACL), annual catch targets (ACT), annual projected landings (APL), DAS al locations, and individual fishing quotas 648.54 State waters exemption. 648.55 Specifications and framework adjust ments to management measures. 648.56 Scallop research. 648.57–648.58 [Reserved] 648.59 Sea Scallop access areas. 648.60 Sea scallop access area program re quirements. 648.61 [Reserved] 648.62 Northern Gulf of Maine (NGOM) Man agement Program. 648.63 General category Sectors and har vesting cooperatives. 648.64 Flounder Stock sub-ACLs and AMs for the scallop fishery. 648.65 [Reserved] Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Qua hog Fisheries 648.70 Surfclam and ocean quahog Annual Catch Limit (ACL). 648.71 Surfclam and ocean quahog Annual Catch Targets (ACT). 648.72 Surfclam and ocean quahog specifica tions. 648.73 Surfclam and ocean quahog Account ability Measures.