[Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)]
[Proposed Rules]
[Pages 57361-57382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28252]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 285, 630, 644, and 678

[Docket No. 960808219-6219-01; I.D. 051096E]
RIN 0648-AI28


Atlantic Highly Migratory Species Fisheries; Consolidation of 
Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to consolidate four CFR parts containing 
regulations for the conservation and management of Atlantic highly 
migratory species (HMS) in the U.S. Exclusive Economic Zone (EEZ) into 
one CFR part. Atlantic HMS include Atlantic tunas, swordfish, 
billfishes, and sharks. The consolidation would reorganize the existing 
regulations in a more logical and cohesive order, eliminate duplicative 
and outdated provisions, and make editorial changes to achieve 
readability, clarity, and uniformity. A number of substantive changes 
are proposed to achieve consistency among common elements such as 
permits and reporting. The purpose of this proposed rule is to make the 
regulations more concise, better organized and, therefore, easier for 
the public to use. This proposed action is part of the President's 
Regulatory Reinvention Initiative.

DATES: Comments must be received on or before December 23, 1996.

ADDRESSES: Comments should be sent to Chris Rogers, Office of Fisheries 
Conservation and Management, NMFS, 1315 East-West Highway, Silver 
Spring, MD 02910. Comments regarding burden-hour estimates or other 
aspects of the collection-of-information requirement contained in this 
proposed rule should be sent to Chris Rogers at the above address and 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Washington, DC 20503 (Attention: NOAA Desk 
Officer).

FOR FURTHER INFORMATION CONTACT: Chris Rogers, 301-713-2347.

SUPPLEMENTARY INFORMATION:

Background

    In March 1995, President Clinton issued a directive to Federal 
agencies regarding their responsibilities under his Regulatory 
Reinvention Initiative. This initiative is part of the National 
Performance Review and calls for comprehensive regulatory reform. The 
President directed all agencies to undertake a review of all their 
regulations, with an emphasis on eliminating or modifying those that 
are obsolete, duplicative, or otherwise in need of reform. This 
proposed rule is intended to carry out the President's directive with 
respect to those regulations for the conservation and management of 
Atlantic HMS in the EEZ, and, as applicable, regulatory areas beyond 
the U.S. EEZ.

Consolidation of Regulations Into One CFR Part

    Currently, regulations pertaining to management of Atlantic HMS are 
contained in four separate parts of title 50 of the CFR. NMFS is 
proposing to remove three of the parts (parts 285 (Atlantic Tuna 
Fisheries), 644 (Atlantic Billfishes), and 678 (Atlantic Sharks)), and 
to consolidate the regulations contained therein with the existing 
regulations in part 630 (Atlantic Swordfish). These consolidated 
regulations would provide the public with a single reference source for 
the regulations applying to Atlantic HMS, which is more concise, 
clearer, and easier to use than the existing regulations.

Reorganization and Removal of Obsolete or Duplicative Provisions

    NMFS proposes to simplify and shorten the existing Atlantic HMS 
regulations. Because portions of the existing regulations contain 
identical or nearly identical provisions, this rule would restructure 
text and eliminate the duplicative provisions. Regulatory language 
would be revised to improve clarity and consistency. In addition, 
obsolete provisions would be removed.
    No substantive changes, except for those specifically identified 
below, are intended:
    1. Reporting requirements would be extended to apply to all 
tournaments involving any Atlantic HMS, if selected for reporting by 
the Regional Director. This change reflects the fact that catch by 
anglers participating in tournaments may comprise any regulated HMS.
    2. The incidental catch permit category for Atlantic tunas would be 
eliminated and redefined as ``longline'' and ``drift gillnet'' to 
reflect the existing authorization of directed longline and gillnet 
fisheries for tunas other than bluefin tuna. Also, existing regulations 
regarding incidental catch of bluefin tuna are unclear, causing some 
fishermen to believe that target catch requirements can be met using 
one gear while bluefin tuna is caught with another or to believe 
incorrectly that certain types of gear are authorized for incidental 
take of bluefin tuna. As a consequence of this reorganization, and to 
address enforcement issues concerning unauthorized landing of bluefin 
tuna under the bycatch quota, the allowance for incidental catch of 
Atlantic bluefin tuna by vessels using fixed gear and traps would be 
removed. In 1996, only 1 metric ton (less than 10 fish) was allocated 
to this category; thus, eliminating the landing allowance for fixed 
gear and traps would not have a significant impact.
    3. Due to compliance and enforcement problems resulting from 
misidentification of juvenile tunas, the applicability of Atlantic 
tunas regulations would be extended to include blackfin tuna.
    4. To achieve consistency between regulations applicable to all 
HMS, the definition of rod and reel gear would be modified to include 
the use of electrically operated reels. Although electric reels are 
permitted under current billfish regulations, conflicts with the 
consolidated regulations would arise when fishing for, or incidentally 
taking, Atlantic tunas. Therefore, the broader definition would be made 
applicable to all HMS.

[[Page 57362]]

    5. To improve quota monitoring and catch data collection, the 
exemption for holders of shark and swordfish permits from vessel and 
dealer Atlantic tunas permit and reporting requirements, and the 
handgear exemption for fishing vessels and dealers of Atlantic tunas, 
shark and swordfish permits in Puerto Rico and the U.S. Virgin Islands, 
would be eliminated. These exemptions were created because it was 
presumed catch data could be accessed from other information collection 
programs. However, it has not been possible to access this information 
in a timely manner. Given the likelihood of continuing restricted 
quotas for tunas, swordfish and sharks, accurate and timely reporting 
of catch is necessary.
    6. The permit category for bluefin tuna buy-boats would be 
eliminated as obsolete. For the last several years, the catch limit for 
General category vessels has been set at one fish per day, thus 
precluding the need to offload bluefin tuna at sea. In addition, 
compliance with applicable vessel and dealer reporting requirements 
would be difficult to achieve under at-sea transfer conditions.
    7. Current regulations allow applicants for swordfish or shark 
permits up to 90 days to submit required information not supplied with 
original applications. Such allowance is limited to 15 days for tuna 
permits. To achieve consistency under this proposed consolidation, the 
time period for consideration of incomplete Atlantic shark and 
swordfish permit applications as abandoned would be reduced from 90 
days to 15 days.
    8. The time limit for submission of information changes for 
Atlantic shark and swordfish permits would be reduced from 30 days to 
15 days to achieve consistency with tuna permit regulations.
    9. The 30-day allowance for swordfish and shark dealers to operate 
under the permit of the previous business owner would be removed to 
achieve consistency with tuna dealer permit regulations.
    10. Regulations that are no longer necessary on tuna vessel 
reporting, as approved under OMB control number 0648-0168, would be 
replaced by the vessel logbook requirements approved under OMB control 
number 0648-0016.
    11. To facilitate enforcement and to achieve consistency with 
regulations applicable to all HMS, the allowance to transfer HMS at sea 
would be removed. This allowance was originally implemented for purse 
seiners using transport vessels for cannery deliveries, a practice that 
no longer occurs in the Atlantic Ocean. The allowance for at-sea 
transfer of bluefin tuna among permitted purse seine vessels would 
remain.
    12. The distinction between selected and non-selected vessels for 
the purposes of shark logbooks would be dropped, because all vessels 
have been selected in recent years under the previously implemented 
mandatory reporting requirement.
    13. The time frame for reporting and submission of the biweekly 
bluefin tuna dealer report would be adjusted to the time frame 
applicable for the biweekly dealer report for swordfish, sharks, and 
other Atlantic tunas.
    14. The requirements for purse seine notification and request for 
inspection would be standardized to achieve consistency with 
requirements for bluefin tuna and other Atlantic tunas. Notification 
would be set at 48 hours prior to sailing or landing, with automatic 
waiver of inspection requirements if not undertaken within 48 hours of 
notification.
    15. Current regulations that prohibit sale of billfish are unclear 
with respect to sale of related species (striped marlin, black marlin, 
shortbill spearfish). The consolidation would clarify the regulatory 
text to achieve consistency with the prohibition on sale as implemented 
through the certificate of eligibility requirements for sale of 
billfish and related species.
    16. Regulations applicable to the swordfish donation program would 
be removed as unnecessary codified text. Donation programs, for 
swordfish or any of the regulated HMS, could be established and 
adequately enforced under a specific letter of authorization.
    17. The base level angling catch limit would be reduced to one per 
angler per day for school/large school bluefin tuna and one per vessel 
per day for small medium bluefin tuna. The authority to make inseason 
adjustments to such limits would remain. Given fluctuations in annual 
abundance and fishing effort, such a limit would have greater 
applicability across years and would reduce the need for inseason 
adjustments.
    18. To reduce regulatory text that is often outdated and of limited 
applicability, quotas and, as applicable, gear/time/area allocations 
for HMS would no longer be codified but would be set and adjusted as 
necessary in one or more annual notices. NMFS would follow the 
procedures of the Shark Fishery Management Plan regarding adjustment of 
management measures; quotas and TAC would be established by the annual 
specifications procedure, whereas other measures would be established 
by regulatory amendment.
    19. Current regulations preclude a change of tuna permit category 
after May 15. This restriction was imposed so that a vessel could not 
fish in more than one quota category subsequent to the June 1 
commencement of the Harpoon Boat and General category bluefin tuna 
fishing seasons. Existing regulations have not prevented some vessel 
operators from fishing under the bluefin tuna Incidental category prior 
to May 15 and in the General category after June 1. Under this proposed 
rule, Atlantic Tunas permit category changes would be limited to one 
change each year, between January 1 and May 15. No permit changes would 
be permitted from May 16 through December 31, regardless of sale of a 
vessel. This would prevent commercial vessel operators from fishing for 
bluefin tuna in more than one commercial quota category in a single 
year.
    Because the vessel permit requirement also applies to recreational 
vessels and has recently been extended to include all Atlantic tunas, 
changes to Angling category permits would be exempt from this 
limitation. This exemption would prevent undue restrictions to 
recreational anglers purchasing vessels after May 15.
    20. To facilitate enforcement of minimum size and catch limit 
regulations and to facilitate identification of species, it would be 
required that all Atlantic tunas be landed with the tail attached.
    21. To prevent overharvest of swordfish in the drift gillnet 
fishery, advance notification of closure would be reduced to 3 days 
from the current 14 days applicable to the longline and swordfish 
fisheries. A prior rulemaking to address concerns of adequate notice to 
longline fishermen was inadvertently applied to the drift gillnet 
segment of the fishery, thus limiting NMFS' ability to monitor and 
close the drift gillnet fishery in a timely manner.
    22. The set-aside of swordfish quota for the harpoon segment of the 
directed fishery would be removed, because it is unnecessary. A prior 
rulemaking established the swordfish fishing year and first semiannual 
quota period beginning June 1. When the fishing year and first 
semiannual period began on January 1, a set-aside was needed because 
the summer harpoon fishery could be precluded by a directed fishery 
closure at the end of the period. The change in fishing year has 
eliminated this problem.
    23. The trip limit for vessels in a directed fishery for swordfish, 
previously established on an annual basis, would be made permanent.

[[Page 57363]]

    24. Gear restrictions applicable to specific categories of tuna 
permits would be limited to fishing activity for bluefin tuna. In a 
prior rulemaking, the requirement for tuna permits was extended from 
bluefin tuna to all Atlantic tunas. Gear restrictions necessary to 
implement category quotas for bluefin tuna were carried over to apply 
to all Atlantic tunas. Because Atlantic tunas other than bluefin are 
not subject to quotas, gear restrictions are not necessary.
    Though not a substantive change, much of the regulatory text 
regarding restrictions on imports would be removed as obsolete since 
the Atlantic Tunas Convention Act (ATCA) has been amended. The 
Department of State will be consulted during the comment period for 
this proposed rule, as necessary to comply with ATCA.

Request for Comments

    NMFS specifically requests comments or suggestions for further 
consolidation or elimination of obsolete or duplicative provisions 
contained in the proposed revision to Atlantic HMS regulations. 
Comments concerning the impacts of identified and, if applicable, 
inadvertent substantive changes are also specifically requested (see 
ADDRESSES).

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    The proposed rule would consolidate four CFR parts containing 
regulations for the conservation and management of Atlantic highly 
migratory species in the EEZ into one CFR part. Atlantic highly 
migratory species include Atlantic tunas, swordfish, billfishes, and 
sharks. The consolidation would reorganize the existing regulations 
into a more logical and cohesive order, eliminate duplicative and 
outdated provisions, and make editorial changes to achieve 
readability, clarity, and uniformity. The purpose of this proposed 
rule is to make the regulations more concise, better organized and, 
therefore, easier for the public to use. The proposed consolidations 
and revisions to the existing regulatory text would have little or 
no impact on any small entities. The substantive changes proposed 
are minimal, primarily affecting the applicability of permitting and 
reporting requirements.

    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act (PRA) unless that collection of information 
displays a currently valid OMB Control Number.
    This proposed rule contains collection-of-information requirements 
subject to the PRA. The following requirements have already been 
approved by OMB for U.S. fishing activities:
    a. Atlantic tuna vessel permits in Sec. 630.4(a) (approved under 
0648-0202) estimated at 30 minutes per permit action; and dealer 
permits in Sec. 630.4(b) (approved under 0648-0202) estimated at 5 
minutes per permit action.
    b. Swordfish and shark vessel permits in Sec. 630.4(a) (approved 
under 0648-0205) estimated at 20 minutes per permit action; and dealer 
permits in Sec. 630.4(b) (approved under 0648-0205) estimated at 5 
minutes per permit action.
    c. Dealer reporting and recordkeeping requirements for Atlantic 
tunas in Sec. 630.5 (approved under 0648-0239) estimated at 3 minutes 
for daily reports, 14 minutes for Atlantic biweekly reports, and 1 
minute to affix tags and label containers.
    d. Dealer reporting and recordkeeping requirements for swordfish 
and sharks in Sec. 630.5 (approved under 0648-0013 and 0648-0016) 
estimated at 15 minutes per report.
    e. Vessel reporting and recordkeeping requirements for swordfish 
and sharks in Sec. 630.5 (approved under 0648-0016) estimated at 15 
minutes per logbook entry and 16 minutes for the attachment of tally 
sheets.
    f. Notification of Panama Canal transit for tuna vessels in 
Sec. 630.5 (approved under 0648-0168) estimated at 6 minutes per call.
    g. Vessel identification requirements for permitted swordfish and 
shark vessels in Sec. 630.6 (approved under 0648-0306) estimated at 45 
minutes per vessel.
    h. Notification for at-sea observer requirements for Atlantic tuna 
vessels in Sec. 630.7 (approved under 0648-0202) estimated at 2 minutes 
per response.
    i. Tuna gear marking requirements in Sec. 630.21 (approved under 
0648-0305) estimated at 15 minutes per action.
    j. Tuna inspection requests in Sec. 630.22 (approved under 0648-
0202) estimated at 5 minutes per request.
    k. Documentation requirements for sale of billfish in Sec. 630.23 
(approved under 0648-0216) estimated at 20 minutes for dealers 
purchasing from vessels and 2 minutes for subsequent purchasers.
    l. Tuna tagging requirements in Sec. 630.24 (approved under 0648-
0239) estimated at 1 minute per occurrence.
    m. Atlantic bluefin tuna catch and release program requirements in 
Sec. 630.30 (approved under 0648-0247) estimated at 2 minutes per 
tagging card.
    n. Bluefin Tuna Statistical Document in Sec. 630.41 (approved under 
0648-0040) estimated at 20 minutes per document.
    In addition, this proposed rule would add, renew or expand certain 
collection-of-information requirements as follows:
    a. OMB approval (0648-0031) for shark and billfish tournament 
reporting has expired. This requirement would be renewed and expanded 
in Sec. 630.5 so that fishing tournament operators must report catch of 
all HMS, estimated at 10 minutes per report.
    b. Vessel logbook requirements in Sec. 630.5 (0648-0016) would be 
expanded to include Atlantic tunas, estimated at 15 minutes per logbook 
entry and 16 minutes for the attachment of tally sheets.
    c. Notification of Panama Canal transit would be expanded to 
include shark and swordfish vessels in Sec. 630.5 (approved under 0648-
0168) estimated at 6 minutes per call.
    d. Notification for at-sea observer requirements would be expanded 
to include swordfish and shark vessels in Sec. 630.7 (approved under 
0648-0202) estimated at 2 minutes per response.
    e. Gear marking requirements in Sec. 630.21 (0648-0305) would be 
expanded to include permitted swordfish and shark gear, estimated at 15 
minutes per action.
    f. Angler reporting of trophy bluefin tuna in Sec. 629.4 is not 
currently approved and is being submitted for approval at 3 minutes per 
report.
    NMFS is in the process of obtaining OMB approval for these new, 
renewed and expanded requirements.
    Send comments regarding any of these burden estimates or any other 
aspect of these collection-of-information requirements including 
suggestions on how to reduce or eliminate these burdens to NMFS and OMB 
(see ADDRESSES).

List of Subjects

50 CFR Part 285

    Fisheries, Fishing, Penalties, Reporting and recordkeeping 
requirements, Treaties.

50 CFR Part 630

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

50 CFR Parts 644 and 678

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 57364]]


    Dated: October 29, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR parts 285, 630, 
644, and 678 are proposed to be amended as follows:
    1. Under the authority of 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 
et seq., parts 285, 644, and 678 are removed.
    2. Part 630 is revised to read as follows:

PART 630--ATLANTIC HIGHLY MIGRATORY SPECIES

Subpart A--General

Sec.
630.1  Purpose and scope.
630.2  Definitions.
630.3  Relation to other laws.
630.4  Permits and fees.
630.5  Recordkeeping and reporting.
630.6  Vessel identification.
630.7  At-sea observer coverage.

Subpart  B--Management Measures

630.20  Fishing years and seasons.
630.21  Gear restrictions.
630.22  Purse seine vessel requirements.
630.23  Transfer, landing, and sale.
630.24  Fish marking requirements.
630.25  Size limits and size classes.
630.26  Incidental catch.
630.27  Harvest restrictions.
630.28  Quotas and closures.
630.29  Catch limits.
630.30  Catch and release.
630.31  Adjustment of management measures.
630.32  Specifically authorized activities.

Subpart C--Restrictions on Imports

630.40  Species subject to documentation requirements.
630.41  Documentation requirements.
630.42  Contents of documentation.
630.43  Validation requirements.
630.44  Ports of entry.
630.45  Other import restrictions.

Subpart D--International Port Inspection

630.50  Basis and purpose.
630.51  Authorized officer.
630.52  Vessels subject to inspection.
630.53  Reports.

Subpart E--Enforcement

630.70  Prohibitions.
630.71  Facilitation of enforcement.
630.72  Penalties.

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

Subpart A--General


Sec. 630.1  Purpose and scope.

    The regulations in this part govern the conservation and management 
of Atlantic tunas, swordfish, billfishes, and sharks under authority of 
the Magnuson Act and Atlantic Tunas Convention Act.
    (a) Magnuson Act. This part implements the Fishery Management Plans 
for Atlantic Swordfish, Atlantic Billfishes, and Atlantic Sharks.
    (b) Atlantic Tunas Convention Act. (1) This part implements ICCAT 
Atlantic tunas and swordfish recommendations for persons and vessels 
subject to the jurisdiction of the United States.
    (2) Regulations implemented under the ATCA do not apply to any 
person or vessel authorized by ICCAT, or in writing by the Director, or 
any state upon written authorization by the Director, to engage in 
fishing for research purposes.
    (3) Under section 9(d) of the ATCA, determinations made by NMFS 
that the provisions of this part with respect to Atlantic tunas taken 
under authority of the ATCA apply within the territorial sea of the 
United States adjacent to, and within the boundaries of, the States of 
Texas, Louisiana, Alabama, Florida, Georgia, South Carolina, North 
Carolina, Virginia, Maryland, Delaware, New Jersey, New York, Rhode 
Island, Massachusetts, New Hampshire, and the Commonwealths of Puerto 
Rico and the Virgin Islands, and, with the exceptions of Secs. 630.22, 
630.26(a) (1) and (2), and Secs. 630.28(a) (3) and (4), within the 
territorial sea of the United States adjacent to, and within the 
boundaries of, the State of Maine, continue in effect.


Sec. 630.2  Definitions.

    In addition to the definitions in the Magnuson Act, the ATCA, and 
Sec. 600.10 of this chapter, the terms used in this part have the 
following meanings:
    Angling means fishing for or catching of, or the attempted fishing 
for or catching of, fish by any person (angler) with a hook attached to 
a line that is hand held or by rod and reel made for this purpose.
    ATCA means the Atlantic Tunas Convention Act of 1975, 16 U.S.C. 
971-971h.
    Atlantic bluefin tuna means the subspecies of bluefin tuna Thunnus 
thynnus thynnus that is found in the Atlantic Ocean.
    Atlantic bonito means Sarda chiliensis or Sarda.
    Atlantic tunas means Atlantic albacore, bluefin, bigeye, skipjack, 
blackfin and yellowfin tunas, and Atlantic bonito.
    Bandit gear means vertical hook-and-line gear with rods attached to 
a vessel, with no more than two hooks per line and with line retrieved 
by manual, electric, or hydraulic reels.
    Billfish means sailfish, Istiophorus platypterus; white marlin, 
Tetrapturus albidus; blue marlin, Makaira nigricans; and longbill 
spearfish, Tetrapturus pfluegeri.
    Bluefin tuna means Thunnus thynnus in any ocean area.
    BSD means the ICCAT Bluefin Tuna Statistical Document.
    Carcass or dressed fish means a fish that has been gilled and/or 
gutted and the head and some or all fins have been removed, but is 
otherwise in whole condition.
    Charter boat or charter vessel means a vessel less than 100 gross 
tons (90.8 mt) that meets the requirements of the USCG to carry six or 
fewer passengers for hire and that carries a passenger for hire at any 
time during the calendar year.
    Cleithrum to keel (CK) measurement means a curved measurement from 
the cleithrum (semicircular bony structure at the posterior edge of the 
gill opening) to the anterior portion of the caudal keel. Measurement 
must be made at the point on the cleithrum that provides the shortest 
possible CK measurement measured along the body contour.
    Commercial fishing means fishing for purposes including sale, 
barter or trade of any or all of the fish harvested.
    Convention means the International Convention for the Conservation 
of Atlantic 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.
    Curved fork length (CFL) means a measurement of the length of 
Atlantic tuna taken in a line tracing the contour of the body from the 
tip of the upper jaw to the fork of the tail, which abuts the ventral 
side of the pectoral fin and the ventral side of the caudal keel.
    Dealer means any person, other than a consumer, who engages in any 
activity, other than fishing, of industry, trade, or commerce, 
including but not limited to the buying or selling of a regulated 
species or parts thereof and activities conducted for the purpose of 
facilitating such buying and selling.
    Downrigger means a rod attached to a vessel and with a weight on a 
cable that is in turn attached to hook-and-line gear to maintain lures 
or bait at depth while trolling, and that has a release system to 
retrieve the weight by rod and reel or by manual, electric, or 
hydraulic winch after a fish strike on the hook-and-line.
    Dressed weight means the weight of a fish after it has been gilled, 
gutted, beheaded, and wholly or partially definned.
    Drift gillnet, sometimes called a drift entanglement net or 
driftnet, means a flat net, unattached to the ocean bottom, whether or 
not attached to a vessel, designed to be suspended vertically in the 
water to entangle the head or other

[[Page 57365]]

body parts of fish that attempt to pass through the meshes.
    Eviscerated means removal of the alimentary organs only.
    Fishing or to fish means the catching or fishing for, or the 
attempted catching or fishing for, any species of fish covered by the 
Convention or this Part, or any activities in support of fishing. For 
the purposes of Atlantic billfishes and sharks, fishing under this 
definition does not include scientific research conducted by a 
scientific research vessel.
    Fishing trip means the time period that begins when a fishing 
vessel departs from a dock, berth, beach, seawall, ramp, or port to 
carry out fishing operations and that terminates with a return to a 
dock, berth, beach, seawall, ramp, or port to offload any or all catch.
    Gangion or leader means one of the lines that bear hooks and that 
is attached at intervals along the main line of a longline.
    Handgear means handline, harpoon, or rod and reel.
    Handline or handline gear means a fishing line set and pulled by 
hand that remains attached to a fishing vessel during fishing and that 
consists of one main line of variable length to which is attached one 
or two leaders and hooks.
    Harpoon or harpoon gear means fishing gear consisting of a pointed 
dart or iron attached to a pole or stick and to the end of a line 
several hundred feet in length, the other end of which is attached to a 
floatation device, and that is propelled only by hand, not by 
mechanical means.
    Headboat means a vessel that holds a valid Certificate of 
Inspection issued by the USCG to carry passengers for hire and that 
carries a passenger for hire at any time during the calendar year.
    ICCAT means the International Commission for the Conservation of 
Atlantic Tunas.
    Intermediate country means a country from which bluefin tuna or 
bluefin tuna products that were previously imported by that nation are 
exported to the United States. Shipments of bluefin tuna or bluefin 
tuna products through a country on a through bill of lading or in 
another manner that does not enter the shipments into that country as 
an importation do not make that country an intermediate country under 
this definition.
    Land means to begin offloading fish, to offload fish, or to arrive 
in port or at a dock, berth, beach, seawall, or ramp.
    Large coastal species means any of the shark species, or a part 
thereof, listed in paragraph (1)(i) of the definition of management 
unit in this section.
    Longline or longline gear means fishing gear that is set 
horizontally, either anchored, attached to surface floats, or attached 
to a vessel, that consists of a main or groundline with three or more 
gangions and hooks and that is retrieved by hand or mechanical means.
    Lower jaw-fork length (LJFL) means the straight-line measurement 
from the tip of the lower jaw to the fork of the caudal fin.
    Management unit (1) Relative to Atlantic sharks, means the 
following species in the Western North Atlantic Ocean, including the 
Gulf of Mexico and the Caribbean Sea:
    (i) Large coastal species:
Basking Sharks--Cetorhinidae
    Basking shark, Cetorhinus maximus.
Hammerhead Sharks--Sphyrnidae
    Great hammerhead, Sphyrna mokarran.
    Scalloped hammerhead, Sphyrna lewini.
    Smooth hammerhead, Sphyrna zygaena.
Mackerel Sharks--Lamnidae
    White shark, Carcharodon carcharias.
Nurse Sharks--Ginglymostomatidae
    Nurse shark, Ginglymostoma cirratum.
Requiem Sharks--Carcharhinidae
    Bignose shark, Carcharhinus altimus.
    Blacktip shark, Carcharhinus limbatus.
    Bull shark, Carcharhinus leucas.
    Caribbean reef shark, Carcharhinus perezi.
    Dusky shark, Carcharhinus obscurus.
    Galapagos shark, Carcharhinus galapagensis.
    Lemon shark, Negaprion brevirostris.
    Narrowtooth shark, Carcharhinus brachyurus.
    Night shark, Carcharhinus signatus.
    Sandbar shark, Carcharhinus plumbeus.
    Silky shark, Carcharhinus falciformis.
    Spinner shark, Carcharhinus brevipinna.
    Tiger shark, Galeocerdo cuvieri.
Sand Tiger Sharks--Odontaspididae
    Bigeye sand tiger, Odontaspis noronhai.
    Sand tiger shark, Odontaspis taurus.
Whale Sharks--Rhincodontidae
    Whale shark, Rhincodon typus.
    (ii) Small coastal species:
Angel Sharks--Squatinidae
    Atlantic angel shark, Squatina dumerili.
Hammerhead Sharks--Sphyrnidae
    Bonnethead, Sphyrna tiburo.
Requiem Sharks--Carcharhinidae
    Atlantic sharpnose shark, Rhizoprionodon terraenovae.
    Blacknose shark, Carcharhinus acronotus.
    Caribbean sharpnose shark, Rhizoprionodon porosus.
    Finetooth shark, Carcharhinus isodon.
    Smalltail shark, Carcharhinus porosus.
    (iii) Pelagic species:
Cow Sharks--Hexanchidae
    Bigeye sixgill shark, Hexanchus vitulus.
    Sevengill shark, Heptranchias perlo.
    Sixgill shark, Hexanchus griseus.
Mackerel Sharks--Lamnidae
    Longfin mako, Isurus paucus.
    Porbeagle shark, Lamna nasus.
    Shortfin mako, Isurus oxyrinchus.
Requiem Sharks--Carcharhinidae
    Blue shark, Prionace glauca.
    Oceanic whitetip shark, Carcharhinus longimanus.
Thresher Sharks--Alopiidae
    Bigeye thresher, Alopias superciliosus.
    Thresher shark, Alopias vulpinus.
    (2) Relative to Atlantic swordfish, means those swordfish in the 
North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, 
north of 5 deg. N. lat.
    (3) Relative to Atlantic billfishes means:
    (i) Those blue marlin and white marlin in the waters of the North 
Atlantic Ocean (including the Gulf of Mexico and the Caribbean Sea) 
north of 5 deg. N. lat.
    (ii) Those sailfish in the waters of the North and South Atlantic 
Oceans (including the Gulf of Mexico and the Caribbean Sea) west of 
30 deg. W. long.
    (iii) Those longbill spearfish in the waters of the entire North 
and South Atlantic Oceans (including the Gulf of Mexico and the 
Caribbean Sea).
    Pectoral fin curved fork length (PFCFL) means a measurement of the 
length of Atlantic tuna taken in a line tracing the contour of the body 
along the middle of the lateral surface from the ventral insertion of 
the pectoral fin of the beheaded fish to the fork of the tail.
    Pelagic species means any of the shark species, or a part thereof, 
listed in paragraph (1)(iii) of the definition of management unit in 
this section.
    Postmark means independently verifiable evidence of the date of

[[Page 57366]]

mailing, such as U.S. Postal Service postmark, United Parcel Service, 
or other private carrier postmark, certified mail receipt, overnight 
mail receipt or a receipt issued upon hand delivery to an authorized 
representative of NMFS.
    Recreational fishing means fishing for purposes not including sale 
or barter of any or all of the fish harvested; and for purposes of 
Atlantic swordfish, means the harvest of swordfish from a vessel with 
only rod and reel fishing gear on board.
    Regional Director, unless otherwise noted, means:
    (1) For purposes of Atlantic tuna vessel and dealer permits, and 
Atlantic bluefin tuna dealer reports, the Director, Northeast Region, 
NMFS.
    (2) For purposes of reporting of Atlantic tunas other than bluefin, 
and for purposes of Atlantic swordfish, billfishes, and shark 
regulations, the Director, Southeast Region, NMFS.
    Regulated species means Atlantic albacore, bluefin, bigeye, 
skipjack, blackfin and yellowfin tunas, Atlantic bonito, and the 
following species as included in the respective management units: 
Atlantic swordfish, sharks and billfishes.
    Regulatory area means all waters of the Atlantic Ocean, including 
adjacent seas, except the waters over which the individual states 
exercise fishery management jurisdiction, unless NMFS has determined 
otherwise in accordance with this part, as noted in Sec. 630.1(b)(3).
    Related species, relative to Atlantic billfishes, means black 
marlin, Makaira indica; striped marlin, Tetrapturus audax; or shortbill 
spearfish, Tetrapturus angustirostris.
    Reporting week means a period of time beginning at 0001 hours local 
time on Sunday, and ending at 2400 hours local time the following 
Saturday.
    Rod and reel means vertical hook-and-line gear with a hand-held 
(includes rod holder) fishing rod and with a manually or electrically 
operated reel attached.
    Round or round weight means a whole fish or the weight of a whole 
fish before gilling, gutting, beheading, or any definning.
    Science and Research Director means:
    (1) For Atlantic tunas:
    (i) For areas south of Virginia, the Director, Southeast Fisheries 
Science Center, NMFS, or a designee.
    (ii) For Virginia and areas to the north, the Director, Northeast 
Fisheries Science Center, NMFS, or a designee.
    (2) For Atlantic swordfish, billfishes, and sharks, the Director, 
Southeast Fisheries Science Center, NMFS, or a designee, except as 
otherwise noted.
    Shark means any of the species listed in paragraph (1) of the 
definition of management unit in this section, or a part thereof.
    Small coastal species means any of the shark species, or a part 
thereof, listed in paragraph (1)(ii) of the definition of management 
unit in this section.
    Tag means the numbered, flexible, self-locking ribbon issued by 
NMFS for the identification of bluefin tuna under Sec. 630.24 or a tag 
issued by any country in conjunction with a BSD.
    Total length (TL) means the straight-line measurement from the tip 
of the upper jaw to the plane of the more extended tip of the caudal 
fin when in its natural position.
    Tournament means any fishing competition involving Atlantic 
billfishes, tunas, swordfish, or sharks in which participants must 
register or otherwise enter or in which a prize or award is offered for 
catching such fish.
    Trip limit means the total allowable take of a regulated species 
for a single trip.
    Tuna means Atlantic albacore, bluefin, blackfin, bigeye, skipjack, 
or yellowfin tunas, and Atlantic bonito.
    Weighout slip means the document provided by the person weighing 
shark carcasses and fins to the owner or operator of a permitted vessel 
that records the weights of the shark carcasses and fins, prior to or 
as part of, a commercial transaction involving such shark carcasses 
and/or fins. Any document such as a ``tally slip,'' ``trip ticket,'' or 
``sales receipt,'' that contains such information is considered a 
weighout slip.


Sec. 630.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter and paragraphs (b) and (c) of this 
section.
    (b) In accordance with regulations issued under the Marine Mammal 
Protection Act of 1972, as amended, it is unlawful for a commercial 
fishing vessel, a vessel owner, or a master or operator of a vessel to 
engage in a longline or gillnet swordfish or shark fishery in the 
Atlantic Ocean (including the Gulf of Mexico and Caribbean Sea) unless 
the vessel owner or authorized representative has complied with 
specified requirements including, but not limited to, registration, 
exemption certificates, decals, and reports, as contained in part 229 
of this title.
    (c) Regulations governing fishing in the EEZ by vessels other than 
vessels of the United States appear in part 600, subpart F, of this 
chapter.


Sec. 630.4  Permits and fees.

    (a) Vessel permits--(1) Applicability. (i) Consistent with the 
restrictions and exemptions of this section, a vessel of the United 
States that fishes for, takes, retains or possesses regulated species 
as defined in this part, or that takes such species as bycatch, 
regardless of whether retained, must have on board a valid vessel 
permit issued for that species or management unit as defined in this 
part. Such species or management units include Atlantic tunas, Atlantic 
swordfish, and Atlantic sharks.
    (ii) Persons may fish for, retain or possess regulated species only 
under the quotas, catch limits, and size classes applicable to the 
species permit and permit category of the carrying vessel.
    (2) Atlantic tunas--(i) Permit categories. A permit for Atlantic 
tunas will be issued to the owner of each vessel of the United States 
that fishes for Atlantic tunas in one of the following categories: 
General, Charter/Headboat, Angling, Harpoon Boat, Purse Seine, Longline 
or Drift Gillnet. A permit will not be issued for more than one 
category.
    (ii) Operator licenses. When fishing for or possessing Atlantic 
tunas, the operator of a vessel permitted for the Charter/Headboat 
category must have on board a current copy of the operator's merchant 
marine license or the operator's uninspected passenger vessel license.
    (iii) Commercial fishing. A vessel conducting commercial fishing 
for Atlantic tunas must have on board a valid vessel permit in the 
commercial category appropriate for the gear type or method of fishing 
being conducted. A vessel permitted in the Angling category is not 
eligible to conduct commercial fishing for Atlantic tunas and Atlantic 
tunas taken by anglers aboard such a vessel may not be sold.
    (iv) Closed categories. A permit to catch and retain Atlantic tunas 
under Sec. 630.28(a)(3) will be issued only to current owners of those 
purse seine vessels, or their replacements, that were granted 
allocations and landed Atlantic bluefin tuna in the fishery for 
Atlantic bluefin tuna during 1995.
    (v) Change of category. Except for purse seine vessels for which a 
permit has been issued under paragraph (a)(2)(iv) of this section, an 
owner may change the commercial category of the vessel's Atlantic tunas 
permit to another commercial category a maximum of once per calendar 
year by notifying the Regional Director in writing before May 15. After 
May 15, the vessel's commercial permit category may not be changed to 
another commercial category for the remainder of the calendar year, 
regardless of any change in the vessel's ownership, unless there is 
sufficient

[[Page 57367]]

evidence for the Regional Director to determine that an error involving 
contradictory information was made on the application or renewal form 
for the current permit. A vessel owner may change from a commercial 
category to the Angling category at any time during the calendar year.
    (3) Atlantic swordfish. The owner or operator of a vessel of the 
United States, other than a vessel in the recreational fishery, that 
fishes for or possesses swordfish in or from the North Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea, north of 5 deg. N. 
lat., must obtain an Atlantic swordfish permit.
    (4) Atlantic sharks--(i) General. As a prerequisite to sell shark 
from the management unit or to be eligible for exemption from the catch 
limits specified in Sec. 630.29(b)(2), an owner or operator of a vessel 
that fishes in the EEZ must obtain an Atlantic sharks permit.
    (ii) Eligibility. Shark fishery permits may be issued only to an 
owner or operator of a vessel who certifies that during 1 of the 3 
calendar years preceding the application--
    (A) More than 50 percent of his or her earned income was derived 
from commercial fishing or from charter or headboat operations, or his 
or her gross sales of fish were more than $20,000; or
    (B) For a vessel owned by a corporation or partnership, the gross 
sales of fish of the corporation or partnership were more than $20,000.
    (iii) Operator requirement. If the owner does not meet the earned 
income qualification specified in paragraph (a)(4)(ii) of this section 
and the operator does meet that qualification, a vessel permit issued 
upon the qualification of the operator is valid only when that person 
is the operator of the vessel.
    (iv) Jurisdiction. An owner or operator who applies for a permit 
under paragraph (a)(4) of this section must agree, as a condition of 
such permit, that the vessel's shark fishing, catch, and gear are 
subject to the requirements of this part during the period of validity 
of the permit, without regard to whether such fishing occurs in the 
EEZ, landward of the EEZ, or outside the EEZ, and without regard to 
where such gear is possessed or used or where such shark are possessed, 
taken, or landed. However, when a vessel fishes in the waters of a 
state that has more restrictive regulations on shark fishing, those 
more restrictive regulations may be applied by that state to fishing, 
catch, and gear in its waters.
    (5) Exemptions. (i) Anglers taking the following species for 
personal use and not for sale, are exempt from the permit requirements 
of this paragraph (a): Atlantic swordfish, Atlantic sharks, or Atlantic 
bonito, and no other Atlantic tunas.
    (ii) There is no Federal requirement for an Atlantic shark permit 
for a vessel that fishes exclusively within state waters.
    (b) Dealer permits. A dealer purchasing or attempting to purchase 
from a fishing vessel, or receiving from a fishing vessel by way of 
barter or trade, Atlantic tunas, swordfish, or sharks from a fishing 
vessel, and persons importing or exporting Atlantic bluefin tuna, must 
have a valid dealer permit for that species.
    (c) Application. A vessel owner or dealer applying for a permit 
under paragraph (a) or (b) of this section must submit a completed 
permit application signed in ink by the owner or agent on an 
appropriate form obtained from the Regional Director. The application 
must be submitted to the Regional Director at least 30 days before the 
date on which the applicant desires to have the permit made effective.
    (1) Vessel permits. (i) Applicants must provide all information 
concerning vessel, gear used, fishing areas, and fisheries 
participation, including sworn statements relative to income 
requirements and permit conditions, as requested by the Regional 
Director and included on the application form.
    (ii) Applicants must also submit a copy of the official state 
registration or United States Coast Guard documentation, charter/
headboat license, and, if a boat is owned by a corporation or 
partnership, the corporate or partnership documents (copy of 
Certificate of Incorporation and Articles of Association or 
Incorporation).
    (iii) The Regional Director may require the applicant to provide 
documentation supporting any sworn statements required under this 
section before a permit is issued or to substantiate why such permit 
should not be revoked or otherwise sanctioned under paragraph (l) of 
this section. Such required documentation may include copies of 
appropriate forms and schedules from the applicant's income tax return. 
Copies of income tax forms and schedules are treated as confidential.
    (iv) For a vessel owned by a corporation or partnership to be 
eligible for a vessel permit, the earned income qualification specified 
in paragraph (a)(4)(ii) of this section must be met by, and the 
statement required by that paragraph must be submitted by, an officer 
or shareholder of the corporation, a general partner of the 
partnership, or the vessel operator.
    (v) Applicants must also submit any other information that may be 
necessary for the issuance or administration of the permit, as 
requested by the Regional Director.
    (2) Dealer permits. (i) An applicant for a dealer permit must 
provide information on company name, principal place of business, 
mailing address and telephone number as requested by the Regional 
Director and included on the application form.
    (ii) Applicants 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 documents (copy of 
Certificate of Incorporation and Articles of Association or 
Incorporation).
    (iii) Applicants must also submit any other information that may be 
necessary for the issuance or administration of the permit, as 
requested by the Regional Director.
    (d) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Director will issue a permit within 30 days of 
receipt of a completed application. An application is complete when all 
requested forms, information, sworn statements and supporting 
documentation have been received and the applicant has submitted all 
reports required under this part.
    (2) The Regional Director will notify the applicant of any 
deficiency in the application. If the applicant fails to correct the 
deficiency within 15 days following the date of notification, the 
application will be considered abandoned.
    (e) Duration. A permit issued under paragraph (a) or (b) of this 
section remains valid until it expires or is suspended, revoked, or 
modified pursuant to subpart D of 15 CFR part 904. Permits expire on 
the date indicated on the permit or when any of the information 
previously submitted on the application changes. Permits must be 
renewed upon expiration. Renewal applications must be submitted to the 
Regional Director at least 30 days before the expiration date.
    (f) Fees. The Regional Director may charge a fee to recover the 
administrative expenses of permit issuance. The amount of the fee shall 
be determined, at least annually, in accordance with the procedures of 
the NOAA Finance Handbook, available from the Regional Director, for 
determining administrative costs of each special product or service. 
The fee may not exceed such costs and is specified with each 
application form. The

[[Page 57368]]

appropriate fee must accompany each application. Failure to pay the fee 
will preclude issuance of the permit. Payment by a commercial 
instrument later determined to be insufficiently funded shall 
invalidate any permit.
    (g) Display. (1) A permit issued under paragraph (a) of this 
section must be carried on board the vessel at all times.
    (2) Permits issued under paragraph (a) or (b) of this section must 
be displayed for inspection upon request of an authorized officer.
    (3) Upon sale of any large medium or giant Atlantic bluefin tuna, a 
vessel permit issued under paragraph (a)(2) of this section must be 
presented for inspection to the dealer issued a permit under 
Sec. 630.4(b) prior to completing the landing card specified at 
Sec. 630.5(b)(3)(i).
    (4) A permit issued under paragraph (b) of this section must be 
available at the dealer's principal place of business.
    (h) Alteration. A permit issued under paragraph (a) or (b) of this 
section that is altered, erased, or mutilated is invalid.
    (i) Change in application information. Within 15 days after any 
change in the information contained in an application submitted under 
paragraph (a) or (b) of this section, the vessel owner or dealer must 
report the change in writing to the Regional Director. The permit is 
void if any change in the information is not reported within 15 days.
    (j) Transfer. (1) A permit issued under paragraph (a) of this 
section, except in the case of a purse seine permit as allowed under 
paragraph 630.22(c)(3) of this part, is not transferable or assignable 
to another vessel or owner; it is valid only for the vessel and owner 
to which it is issued. A person purchasing a vessel for which a permit 
has been issued under paragraph (a) of this section, who desires to 
conduct activities for which a permit is required, must apply for a 
permit in accordance with the provisions of paragraph (c)(1) of this 
section. The application must be accompanied by a copy of a signed bill 
of sale.
    (2) A permit issued under paragraph (b) of this section is not 
transferable or assignable and is valid only for the dealer to whom it 
is issued. A person purchasing a dealership for which a permit has been 
issued under paragraph (b) of this section, who desires to conduct 
activities for which a permit is required, must apply for a permit in 
accordance with the provisions of paragraph (c)(2) of this section.
    (k) Replacement. The Regional Director may issue replacement 
permits. An application for a replacement permit will not be considered 
a new application. An appropriate fee, consistent with paragraph (f) of 
this section, may be charged for issuance of the replacement permit.
    (l) Sanctions and denials. A permit issued under this section may 
be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.


Sec. 630.5  Recordkeeping and reporting.

    (a) Vessels--(1) Logbooks. The owner and/or operator of a vessel 
for which a permit has been issued under Sec. 630.4(a) must ensure that 
a daily logbook form is maintained of the vessel's fishing effort, 
catch, and disposition on forms available from the Science and Research 
Director. Such forms must be submitted to the Science and Research 
Director postmarked not later than the seventh day after sale of the 
fish offloaded from a trip. If no fishing occurred during a month, a 
report so stating must be submitted in accordance with instructions 
provided with the forms.
    (2) Tally sheets. The owner or operator of a vessel for which a 
permit has been issued under Sec. 630.4(a) must ensure that copies of 
tally sheets are submitted for all fish offloaded and sold after a 
fishing trip. Each tally sheet must show the dealer to whom the fish 
were transferred, the date they were transferred, and the carcass 
weight of each fish for which individual carcass weights are normally 
recorded. For species not individually weighed, tally sheets must 
record total weights by market category. Copies of tally sheets must be 
submitted with the logbook forms required under paragraph (a)(1) of 
this section.
    (3) Panama Canal transit. The master or other person in charge of a 
fishing vessel subject to the jurisdiction of the United States, except 
a vessel without fish on board, must report to the Regional Director 
not less than 48 hours prior to entering or leaving the Atlantic Ocean 
via the Panama Canal. Each report must include the name of the 
reporting vessel, the tonnage by species on board, and whether the fish 
were caught in Pacific or Atlantic waters. All such fishing vessels 
entering or leaving the regulatory area via the Panama Canal are 
subject to inspection. Official seals will be affixed to wells 
containing fish taken within or outside the regulatory area, as 
appropriate, and the same will be noted on the vessel log. The official 
seals may be removed only by a designated agent of NMFS upon arrival at 
the point of sale or delivery.
    (b) Dealers--(1) Reports. Consistent with the provisions of this 
section, a dealer who has been issued a permit under Sec. 630.4(b) must 
complete and submit a report on purchases of regulated species to the 
Science and Research Director twice each month. A report form is 
available from the Science and Research Director.
    (2) Atlantic tunas, swordfish and sharks. (i) A report of regulated 
and other applicable species received by a dealer on the first through 
the 15th days of each month must be submitted to the Science and 
Research Director postmarked not later than the 20th day of that month. 
A report of regulated and other applicable species received by a dealer 
on the 16th through the last day of each month must be submitted to the 
Science and Research Director postmarked not later than the fifth day 
of the following month. If no regulated species were received during 
the reporting period, a report so stating must be submitted, postmarked 
as specified for that reporting period.
    (ii) The reporting requirement of paragraph (b)(2)(i) of this 
section may be satisfied by providing a copy of each appropriate 
weighout sheet and/or sales record, provided such weighout sheet and/or 
sales record, by itself or combined with the form available from the 
Science and Research Director, includes all of the required 
information.
    (iii) In lieu of providing a report required under paragraph 
(b)(2)(i) of this section to the Science and Research Director by mail, 
a dealer may provide the report to a state or Federal fishery port 
agent designated by the Science and Research Director. Reports so 
provided must be delivered to such port agent not later than the 
prescribed postmark date for submitting each such report.
    (3) Atlantic bluefin tuna. In addition to reports required under 
paragraph (b)(2)(i) of this section:
    (i) Any dealer purchasing or receiving an Atlantic bluefin tuna 
harvested by a vessel of the United States and at the point of first 
landing, must report as instructed by the Regional Director within 24 
hours of the purchase or receipt of each fish from the person or vessel 
that harvested the fish. In addition, dealers must submit to the 
Regional Director all information as required on a reporting card 
provided by NMFS. The reporting card must be postmarked within 24 hours 
of the purchase or receipt of each Atlantic bluefin tuna. Each vessel 
permit holder or vessel operator must sign each reporting card 
immediately upon transfer of the fish to verify the name of the vessel 
that landed the fish and the vessel permit number. The dealer 
purchasing or receiving the Atlantic

[[Page 57369]]

bluefin tuna must inspect the vessel permit and verify that the 
required vessel name and vessel permit information is correctly 
recorded on the reporting card.
    (ii) Any dealer purchasing, receiving, or importing an Atlantic 
bluefin tuna must complete and submit to the Regional Director a 
biweekly report on forms supplied by NMFS. A report of Atlantic bluefin 
tuna received by a dealer on the first through the 15th days of each 
month must be submitted to the Regional Director postmarked not later 
than the 20th day of that month. A report of Atlantic bluefin tuna 
received by the dealer on the 16th through the last day of each month 
must be submitted to the Regional Director postmarked not later than 
the fifth day of the following month.
    (c) Tournament operators. A person conducting a fishing tournament 
involving Atlantic billfish, tunas, swordfish, or sharks from a port in 
an Atlantic, Gulf of Mexico, or Caribbean state must notify the Science 
and Research Director of the purpose, dates and location of the 
tournament at least 4 weeks prior to commencement. Tournament operators 
must maintain and submit a record of catch and effort on forms 
available from the Science and Research Director. Completed forms must 
be submitted to the Science and Research Director postmarked not later 
than the seventh day after the conclusion of the tournament and must be 
accompanied by a copy of the tournament rules.
    (d) Recordkeeping. A dealer who has been issued a permit under 
Sec. 630.4(b) must retain at his/her place of business a copy of each 
biweekly report required under paragraph (b)(2)(i) of this section, 
each landing card (including proof of transmission) required under 
paragraph (b)(3)(i) of this section, and a copy of each biweekly report 
required under paragraph (b)(3)(ii) of this section for a period of 2 
years from the date on which each report was required to be submitted 
to the Regional Director.
    (e) Inspection. Any person authorized to carry out enforcement 
activities under the regulations in this part has authority, without 
warrant or other process, to inspect, at any reasonable time, catch on 
board the vessel, log books, 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 or a 
dealer who has been issued a permit under Sec. 630.4 must allow an 
authorized officer to inspect and/or copy any required reports and the 
records, in any form, on which the completed reports are based.
    (f) Additional data. Additional data on Atlantic tunas, swordfish 
and sharks may be collected by authorized statistical reporting agents, 
as designees of the Science and Research Director, and by authorized 
officers.


Sec. 630.6  Vessel identification.

    (a) Official number. The official number of a vessel for which a 
permit has been issued under Sec. 630.4(a)(3) and/or (4) must be 
permanently affixed to or painted on the vessel on the port and 
starboard sides of the deckhouse or hull and on an appropriate weather 
deck so as to be clearly visible from an enforcement vessel or 
aircraft; in block arabic numerals in contrasting color to the 
background and at least 18 inches (45.7 cm) in height for vessels over 
65 ft (19.8 m) in length and at least 10 inches (25.4 cm) in height for 
all other vessels.
    (b) Duties of operator. The operator of each fishing vessel must 
keep the official number clearly legible and in good repair and ensure 
that no part of the vessel, its rigging, its fishing gear, or anything 
carried on board obstructs the view of the official number from any 
enforcement vessel or aircraft.


Sec. 630.7  At-sea observer coverage.

    (a) Atlantic tunas. (1) Notwithstanding prior selection for 
placement, placement or authorized waiver of placement of at-sea 
fishery observers under the authority of any other Federal statute or 
fisheries regulation, NMFS may require observers for any vessel engaged 
in directed fishing for, or incidentally taking, Atlantic tunas at any 
time.
    (2) Owners of vessels selected for observer coverage are required 
to notify the Science and Research Director before commencing any 
fishing trip that may result in the harvest of any Atlantic tuna. 
Notification procedures will be specified in selection letters to 
vessel owners.
    (b) Atlantic swordfish and sharks. (1) If a vessel's trip is 
selected by the Science and Research Director for observer coverage, 
the owner or operator of such vessel must accommodate a NMFS-approved 
observer.
    (2) When notified in writing by the Science and Research Director 
that his/her vessel has been selected to carry a NMFS-approved 
observer, an owner or operator of a vessel for which a vessel permit 
has been issued under Sec. 630.4(a)(3) or (4) must notify the Science 
and Research Director in writing not less than 5 days in advance of 
each swordfish trip and not less that 10 days in advance of each shark 
trip of the expected port, dock, date, and time of departure and the 
expected port, dock, date, and time of landing.
    (c) Requirements. An owner or operator of a vessel on which a NMFS-
approved observer is embarked must:
    (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 duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's 
position.
    (4) Allow the observer free and unobstructed 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.

Subpart B--Management Measures


Sec. 630.20  Fishing years and seasons.

    (a) Atlantic bluefin tuna--(1) Commencement. The fishing year for 
Atlantic bluefin tuna in the regulatory area begins--
    (i) On January 1 of each year--
    (A) For anglers fishing for Atlantic bluefin tuna under the quota 
specified in accordance with Sec. 630.28(b)(3).
    (B) For vessels for which a Longline category permit has been 
issued under Sec. 630.4(a)(2) when fishing under the quota specified in 
accordance with Sec. 630.28(b)(4).
    (C) For anglers participating in the catch and release program 
under Sec. 630.30.
    (ii) On June 1 of each year--
    (A) For anglers fishing for Atlantic bluefin tuna under the quota 
specified in accordance with Sec. 630.28(b)(2).
    (B) For vessels for which a Harpoon Boat category permit has been 
issued under Sec. 630.4(a)(2) when fishing under the quota specified in 
accordance with Sec. 630.28(b)(1).
    (iii) On August 15 of each year for vessels for which a Purse Seine 
category permit has been issued under Sec. 630.4(a)(2) when fishing 
under the quota specified in accordance with Sec. 630.28(b)(1).
    (2) Adjustment. Consistent with the Convention, the ATCA, and this 
part, NMFS may change the commencement date for Atlantic bluefin tuna 
fishing for any vessel permit or quota category

[[Page 57370]]

when NMFS determines that the changed date will enable scientific 
research on the status of the stock to be conducted more effectively 
and will not prevent the quotas for the affected fishery from being 
caught, based upon historical catch data or other relevant information. 
NMFS will publish notification in the Federal Register of any change in 
the commencement date(s) for fishing under this paragraph (a) at least 
60 days before commencement of the affected fishery.
    (b) Atlantic swordfish. The fishing year for Atlantic swordfish is 
June 1 through May 30 of the subsequent year.
    (c) Atlantic billfishes and sharks. The fishing year is January 1 
through December 31.
    (d) State actions. Nothing in this section may be construed to 
invalidate any more restrictive commencement or closure date 
established by any state in waters under its jurisdiction.


Sec. 630.21  Gear restrictions.

    (a) Persons fishing for, retaining or possessing Atlantic bluefin 
tuna must not possess on board or use any gear not authorized for the 
category for which a permit has been issued under Sec. 630.4(a)(2) for 
the carrying vessel. Gear types authorized by Atlantic tunas permit 
category are:
    (i) General--rod and reel (including downriggers), handline, 
harpoon, bandit gear.
    (ii) Charter/Headboat--rod and reel (including downriggers), 
handline.
    (iii) Angling--rod and reel (including downriggers), handline.
    (iv) Harpoon Boat--harpoon.
    (v) Purse Seine--purse seine nets.
    (vi) Longline--pelagic longlines.
    (b) Float marking. Any flotation device attached to handline or 
harpoon gear must have the Atlantic tuna, shark, or swordfish permit 
number of the vessel from which it is used permanently affixed to it in 
block arabic numerals at least 1 inch (2.5 cm) in height and in a color 
that contrasts with the background color of the flotation device.
    (c) Gillnets. A drift gillnet with a total length of 2.5 km or more 
may not be used to fish for regulated species. A vessel using or having 
on board a drift gillnet with a total length of 2.5 km or more may not 
possess a regulated species.
    (d) Atlantic billfishes. Only billfish harvested by rod and reel 
gear may be possessed or retained in the regulatory area. Regardless of 
how taken, a vessel using or having on board a pelagic longline or 
drift gillnet may not possess or retain Atlantic billfishes in the 
regulatory area.
    (e) Atlantic swordfish. Only vessels using pelagic longline, drift 
gillnet or harpoon gear may conduct directed fishing for swordfish, or 
possess in the regulatory area swordfish in excess of the applicable 
bycatch allowance.


Sec. 630.22  Purse seine vessel requirements.

    (a) Mesh size. (1) Any owner or operator of a vessel with a permit 
issued under Sec. 630.4(a) conducting directed fishing for Atlantic 
tunas with a purse seine net must use a net with a mesh size equal to 
or smaller than 4.5 inches (11.4 cm) in the main body (stretched when 
wet) and that has at least 24-count thread throughout the net.
    (2) The Regional Director may exempt any person from the mesh 
requirements in paragraph (a)(1) of this section if the Regional 
Director determines that the exemption will not result in significant 
injury or mortality to Atlantic tuna that are encircled by the net, but 
manage to escape.
    (b) Inspection. A purse seine vessel conducting a directed fishery 
for Atlantic tunas must be inspected by an enforcement agent of NMFS 
prior to commencing fishing for the season in any fishery that may 
result in the harvest of any regulated species. The owner or operator 
must request such inspection at least 48 hours before commencement of 
the first fishing trip of the season. In addition, at least 48 hours 
before commencement of offloading any Atlantic tunas after a fishing 
trip, the owner or operator must request an inspection of vessel and 
catch by notifying the Regional Director. Lack of any such inspection 
within 48 hours of notification shall constitute a waiver of this 
inspection requirement.
    (c) Vessel allocations. (1) Owners or operators of vessels for 
which a Purse Seine permit has been issued under Sec. 630.4(a)(2) must 
apply to the Regional Director for an allocation of Atlantic bluefin 
tuna from the quotas specified in accordance with Sec. 630.28(b)(1). 
Such application must be in writing and postmarked no later than April 
15 of the fishing year.
    (2) On or about May 1 of the fishing year, the Regional Director 
will make equal allocations of the available size classes of Atlantic 
bluefin tuna among purse seine vessel owners so requesting. Such 
allocations are freely transferrable, in whole or in part, among purse 
seine vessel permit holders. Any purse seine vessel permit holder 
intending to fish for more than one allocation in any fishing season 
must provide written notice of such intent to the Regional Director 15 
days before commencing fishing in that season. Purse seine vessel 
permit holders who transfer their annual allocation to another purse 
seine vessel permit holder must not fish their permitted vessel in any 
fishery in which Atlantic bluefin tuna might be caught for the 
remainder of the fishing year after their allocation is transferred.
    (3) Purse seine vessel owners may apply to the Regional Director to 
permanently consolidate vessel permits issued under Sec. 630.4(a)(2). 
Upon written approval of consolidation by the Regional Director, the 
Atlantic tuna permit(s) of the transferring vessel(s) will be 
cancelled, and the holder of the consolidated permit is authorized to 
apply for allocations of Atlantic bluefin tuna commensurate with the 
number of consolidated permits. Purse seine vessel owners who cancel 
their permit(s) by means of consolidation must not fish their vessel in 
any fishery in which Atlantic bluefin tuna might be caught.
    (d) Transfer at sea. Owners or operators of vessels for which a 
Purse Seine permit has been issued under Sec. 630.4(a)(2) may transfer 
large medium and giant Atlantic bluefin tuna at sea from the net of the 
catching vessel to another vessel for which a Purse Seine permit has 
been issued under Sec. 630.4(a)(2), provided the amount transferred 
does not cause the receiving vessel to exceed its annual vessel 
allocation and authorized allocation transfers.
    (e) Fishery closures. A vessel for which a Purse Seine permit has 
been issued under Sec. 630.4(a)(2) may fish under the bluefin tuna 
quota specified in accordance with Sec. 630.28(b)(1), or in fisheries 
for Atlantic yellowfin or skipjack tuna or other fisheries where 
bluefin tuna might be taken as bycatch, only until the allocation of 
bluefin tuna assigned or transferred to that vessel under paragraph 
(c)(2) of this section is reached. Upon reaching its individual vessel 
allocation of Atlantic bluefin tuna, directed purse seine fisheries for 
Atlantic tunas are closed to such vessel and the vessel will be deemed 
to have been given notice to that effect.


Sec. 630.23  Transfer, landing, and sale.

    (a) Transfer at sea. (1) Other than as authorized under 
Sec. 630.22(d), an Atlantic tuna may not be transferred at sea, 
regardless of where the transfer takes place or where the fish was 
harvested.
    (2) A swordfish harvested from the North Atlantic Ocean, including 
the Gulf of Mexico and Caribbean Sea, north of 5 deg. N. lat. may not 
be transferred at sea, regardless of where the transfer takes place; 
and in the North Atlantic Ocean, including the Gulf of Mexico and 
Caribbean Sea, north of 5 deg. N. lat., a swordfish may not be 
transferred at

[[Page 57371]]

sea, regardless of where the swordfish was harvested.
    (3) A shark from any of the three management units may not be 
transferred at sea from a vessel for which an Atlantic shark permit has 
been issued under Sec. 630.4(a)(4) to any other vessel. A person for 
whom a catch limit specified in Sec. 630.29(b) applies may not transfer 
at sea a shark--
    (i) Taken in the EEZ, regardless of where such transfer takes 
place; or
    (ii) In the EEZ, regardless of where such shark was taken.
    (b) Landing. (1) A tuna possessed in the Atlantic Ocean, including 
the Gulf of Mexico and the Caribbean Sea, must be maintained in round 
form, or in the alternative, eviscerated with the head and fins 
removed, provided one pectoral fin and the tail remain attached. A tuna 
may not be landed from a fishing vessel in an Atlantic, Gulf of Mexico, 
or Caribbean coastal state in forms other than round, or in the 
alternative, eviscerated with the head and fins removed, provided one 
pectoral fin and the tail remain attached.
    (2) Purse seine vessel owners must have each large medium and giant 
bluefin tuna in their catch weighed, measured, and the information 
recorded on the required landing cards at the time of offloading and 
prior to transporting such tuna from the area of offloading.
    (3) A swordfish possessed in the North Atlantic Ocean, including 
the Gulf of Mexico and the Caribbean Sea, north of 5 deg. N. lat. must 
be in whole or dressed form, and a swordfish landed from a fishing 
vessel in an Atlantic, Gulf of Mexico, or Caribbean coastal state must 
be maintained in whole or dressed form through offloading, except such 
swordfish as are damaged by shark bites. A shark-bit swordfish for 
which the remainder of the carcass is less than the minimum size limit 
specified in Sec. 630.25(c) may not be possessed or landed.
    (4) A billfish possessed aboard a fishing vessel of the United 
States shoreward of the outer boundary of the EEZ must have its head, 
fins, and bill intact and a billfish landed from a fishing vessel in an 
Atlantic, Gulf of Mexico, or Caribbean coastal state must have its 
head, fins, and bill intact through landing. Such billfish may be 
eviscerated, but must otherwise be maintained in a whole condition.
    (c) Sale--(1) Atlantic swordfish. (i) A swordfish harvested from or 
possessed in the North Atlantic Ocean, including the Gulf of Mexico and 
Caribbean Sea, north of 5 deg. N. lat. may be initially sold, traded, 
or bartered or attempted to be sold, traded, or bartered only by an 
owner or operator of a vessel for which a permit has been issued under 
Sec. 630.4(a)(3).
    (ii) A swordfish harvested from or possessed in the North Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg. 
N. lat. may be initially purchased, traded, or bartered or attempted to 
be purchased, traded, or bartered only by a dealer having an Atlantic 
swordfish dealer permit issued under Sec. 630.4(b).
    (iii) A swordfish harvested from or possessed in the North Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg. 
N. lat. in the recreational fishery may not be sold, purchased, traded, 
or bartered or attempted to be sold, purchased, traded, or bartered.
    (2) Atlantic tunas. (i) An Atlantic tuna, or parts thereof, 
harvested from or possessed in the Atlantic Ocean, including the Gulf 
of Mexico and Caribbean Sea, may be initially sold (purchased), traded, 
or bartered or attempted to be sold (purchased), traded, or bartered 
only by an owner or operator of a vessel for which a permit has been 
issued under Sec. 630.4(a)(2) to a dealer having an Atlantic tunas 
permit issued under Sec. 630.4(b).
    (ii) Any Atlantic bluefin tuna less than the large medium size 
class may not be, or attempted to be, purchased, bartered, traded, 
sold, or offered for sale, or retained or possessed by a dealer or 
seafood processor in any state, unless it is lawfully imported and is 
accompanied by a BSD (see subpart C of this part).
    (iii) Except for a bluefin tuna landed in a Pacific state and 
remaining in the state of landing, a bluefin tuna that is possessed by 
a dealer or seafood processor is deemed to be a bluefin tuna harvested 
from the Atlantic Ocean by a U.S. vessel, unless it is accompanied by a 
BSD.
    (3) Billfish. (i) A billfish harvested from its management unit or 
a related species harvested from the Atlantic Ocean (including the Gulf 
of Mexico and the Caribbean Sea), may not be purchased, bartered, 
traded, sold, or offered for sale in any state.
    (ii) Except for a billfish or related species landed in a Pacific 
state and remaining in the state of landing, a billfish or related 
species that is possessed by a dealer or seafood processor is deemed to 
be a billfish harvested from its management unit or a related species 
harvested from the Atlantic Ocean, unless it is accompanied by 
documentation that the billfish was harvested from outside its 
management unit or the related species was harvested from other than 
the Atlantic Ocean. Such documentation must contain all information 
specified on the Certificate of Eligibility form obtainable from the 
Regional Director.
    (4) Atlantic sharks. (i) Upon landing, meat or fins from a shark 
from the management unit may be sold, traded, or bartered, or attempted 
to be sold, traded, or bartered, only by an owner or operator of a 
vessel for which a permit has been issued under Sec. 630.4(a)(4), 
unless such meat or fins are from a shark harvested by a vessel that 
has not been issued a permit under this part and that fished 
exclusively within the waters under the jurisdiction of any state.
    (ii) Upon landing, meat or fins from a shark from the management 
unit, except a shark harvested from a vessel that has not been issued a 
permit under this part and that fished exclusively within the waters 
under the jurisdiction of any state, may be purchased, traded, or 
bartered, or attempted to be purchased, traded, or bartered, only from 
the owner or operator of a vessel for which a permit has been issued 
under Sec. 630.4(a)(4).
    (iii) Except for a shark harvested from a vessel that has not been 
issued a permit under this part and that fished exclusively within the 
waters under the jurisdiction of any state, a shark from the management 
unit may be sold, traded, or bartered, or attempted to be sold, traded, 
or bartered, only to a dealer having an Atlantic sharks permit under 
Sec. 630.4(b).
    (iv) Fins from a shark harvested in the EEZ, or by a vessel for 
which a permit has been issued under Sec. 630.4(a)(4), that are 
disproportionate to the weight of carcasses landed may not be sold, 
purchased, traded, or bartered, or attempted to be sold, purchased, 
traded, or bartered.


Sec. 630.24  Fish marking requirements.

    (a) Issuance of tags. The Regional Director will issue numbered 
tail tags to each person issued an Atlantic tunas dealer permit under 
Sec. 630.4(b).
    (b) Transfer of tags. Tail tags issued under this section are not 
transferable and are usable only by the permitted dealer to whom they 
are issued.
    (c) Affixing tags. (1) A dealer or agent must affix a tail tag to 
each Atlantic bluefin tuna purchased or received, immediately upon its 
offloading from a vessel. The tail tag must be affixed to the tuna 
between the fifth dorsal finlet and the keel.
    (2) Any person who catches a large medium or giant Atlantic bluefin 
tuna and does not transfer it to a dealer issued a permit under 
Sec. 630.4(b) must contact the nearest NMFS enforcement

[[Page 57372]]

office at the time of landing said Atlantic bluefin tuna and make the 
tuna available so that an NMFS enforcement agent may inspect the fish 
and attach a tail tag to it. A list of local NMFS enforcement offices 
can be obtained from the Regional Director. The Regional Director may 
designate a person other than an NMFS agent to inspect and tag the 
fish. Such designation will be made in writing.
    (d) Removal of tags. A tag affixed to any Atlantic bluefin tuna 
under paragraph (c)(1) of this section or under Sec. 630.42(a)(6)(v) 
must remain on the tuna until the tuna is cut into portions. If the 
tuna or tuna parts subsequently are packaged for transport for domestic 
commercial use or for export, the tag number must be written legibly 
and indelibly on the outside of any package or container. Tag numbers 
must be recorded on any document accompanying shipment of bluefin tuna 
for commercial use or export.
    (e) Reuse of tags. Tags issued under this section are separately 
numbered and may be used only once, one tail tag per fish, to 
distinguish the purchase of one Atlantic bluefin tuna. Once affixed to 
a tuna or recorded on any package, container or report, a tail tag and 
associated number may not be reused.


Sec. 630.25  Size limits and size classes.

    (a) Atlantic bluefin tuna. (1) Fishing for, catching, retention, or 
possession of Atlantic bluefin tuna in the regulatory area by persons 
aboard fishing vessels subject to the jurisdiction of the United States 
is authorized only for yellowfin or bigeye tuna measuring 27 inches (69 
cm) or more in CFL.
    (2) CFL is the sole criterion for determining the size class of 
whole (head on) Atlantic bluefin tuna. For any Atlantic bluefin tuna 
found with the head removed, the CFL for the purposes of determining 
size class when the tuna was caught, will be deemed to be PFCFL 
multiplied by 1.35. PFCFL is the sole criterion for determining the 
size class of a beheaded Atlantic bluefin tuna. Atlantic bluefin tuna 
are deemed to fall into a size class according to the following table; 
approximate round weights are given for illustrative purposes only.

                                      Table 1 to Sec.  630.25(a)(2).--Atlantic Bluefin Tuna Regulatory Size Classes                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Pectoral fin curved fork length                                          
          Size category                Total curved fork length (CFL)                      (PFCFL)                          Approx. round weight        
--------------------------------------------------------------------------------------------------------------------------------------------------------
Young School.....................  Less than 27 inches...................  Less than 20 inches...................  Less than 14 lb.                     
                                   Less than 69 cm.......................  Less than 51 cm.......................  Less than 6.4 kg.                    
School...........................  27 to <47 inches......................  20 to <35 inches......................  14 to <66 lb.                        
                                   69 to <119 cm.........................  51 to <89 cm..........................  6.4 to <30 kg.                       
Large School.....................  47 to <59 inches......................  35 to <44 inches......................  66 to <135 lb.                       
                                   119 to <150 cm........................  89 to <112 cm.........................  30 to <61 kg.                        
Small Medium.....................  59 to <73 inches......................  44 to <54 inches......................  135 to <235 lb.                      
                                   150 to <185 cm........................  112 to <137 cm........................  61 to <107 kg.                       
Large Medium.....................  73 to <81 inches......................  54 to <60 inches......................  235 to <310 lb.                      
                                   185 to <206 cm........................  137 to <152 cm........................  107 to <141 kg.                      
Giant............................  81 inches or greater..................  60 inches or greater..................  310 lb or greater.                   
                                   206 cm or greater.....................  152 cm or greater.....................  141 kg or greater.                   
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Atlantic yellowfin and bigeye tunas. (1) Fishing for, catching, 
retention, or possession of Atlantic yellowfin and bigeye tunas in the 
regulatory area by persons aboard fishing vessels subject to the 
jurisdiction of the United States is authorized only for yellowfin or 
bigeye tuna measuring 27 inches (69 cm) or more in CFL.
    (2) CFL is the sole criterion for determining the size class of 
whole (head on) Atlantic yellowfin and bigeye tuna.
    (c) Atlantic swordfish. The minimum allowable size for possession 
on board a fishing vessel of the United States for a swordfish taken 
from the management unit or for a swordfish landed from a fishing 
vessel in an Atlantic, Gulf of Mexico, or Caribbean coastal state is 29 
inches (73 cm) CK or, if swordfish are weighed, 33 lb (15 kg) dressed 
weight.
    (d) Atlantic billfishes. The following minimum size limits, 
expressed in terms of LJFL, apply to possession of the following 
species of billfish shoreward of the outer boundary of the EEZ, 
regardless of where caught:
    (1) Blue marlin--86 inches (218 cm).
    (2) White marlin--62 inches (157 cm).
    (3) Sailfish--57 inches (145 cm).


Sec. 630.26  Incidental catch.

    (a) Atlantic bluefin tuna--(1) Longline. Subject to the quotas 
specified in accordance with Sec. 630.28(b)(4), any person operating a 
vessel using longline gear for which a permit has been issued under 
Sec. 630.4(a)(2) may retain or land large medium and giant Atlantic 
bluefin tuna as incidental catch. The amount of Atlantic bluefin tuna 
retained or landed may not exceed:
    (i) One fish per vessel per fishing trip landed south of 34 deg.00' 
N. lat., provided that for the months of January through April at least 
1,500 lb (680 kg), and for the months of May through December at least 
3,500 lb (1,588 kg), either dressed or round weight, of species other 
than Atlantic bluefin tuna are legally caught, retained, and offloaded 
from the same trip and are recorded on the dealer weighout as sold.
    (ii) Two percent by weight, either dressed or round weight, of all 
other fish legally landed, offloaded and documented on the dealer 
weighout as sold at the end of each fishing trip, north of 34 deg.00' 
N. lat.
    (2) Purse Seine. When fishing for Atlantic yellowfin or skipjack 
tuna, vessels for which an Atlantic bluefin tuna Purse Seine category 
permit has been issued under Sec. 630.4(a)(2) are allowed a 1-percent 
per trip (by weight) incidental take of bluefin less than the large 
medium size class. Any landings of these incidental catches may not be 
sold and will be counted against the Purse Seine category quota 
allocation for bluefin tuna.
    (b) Atlantic swordfish--(1) Bycatch limits during a directed-
fishery closure. (i) During a closure of the drift gillnet fishery, a 
person aboard a vessel using or having on board a drift gillnet may not 
fish for swordfish from the management unit and no more than two 
swordfish per trip may be possessed in the North Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea, north of 5 deg. N. 
lat., or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal 
state.
    (ii) During a closure of the directed fishery, a person aboard a 
vessel using or having on board a longline may not fish for swordfish 
from the management unit and no more than 15 swordfish per

[[Page 57373]]

trip may be possessed in the North Atlantic Ocean, including the Gulf 
of Mexico and Caribbean Sea, north of 5 deg. N. lat., or landed in an 
Atlantic, Gulf of Mexico, or Caribbean coastal state. NMFS may modify 
or change the bycatch limits applicable during a directed longline 
fishery closure upon publication of a notice in the Federal Register. 
The effective date of such notice will be at least 14 days after the 
date such notice is filed at the Office of the Federal Register. 
Changes in the bycatch limits will be based upon the length of the 
directed longline fishery closure, as well as the estimated catch per 
vessel in the non-directed fishery.
    (iii) During a closure of the directed fishery, a person aboard a 
vessel using or having on board harpoon gear may not harpoon for 
swordfish from the management unit and no harpooned swordfish may be 
possessed in the North Atlantic Ocean, including the Gulf of Mexico and 
Caribbean Sea, north of 5 deg. N. lat., or landed in an Atlantic, Gulf 
of Mexico, or Caribbean coastal state.
    (2) Bycatch limits in the non-directed fishery. (i) Aboard a vessel 
using or having on board gear other than drift gillnet, harpoon, or 
longline, other than a vessel in the recreational fishery, a person may 
not fish for swordfish from the management unit.
    (ii) Except as specified in paragraph (b)(2)(iii) of this section, 
no more than two swordfish per trip may be possessed in the North 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north 
of 5 deg. N. lat., or landed in an Atlantic, Gulf of Mexico, or 
Caribbean coastal state.
    (iii) Aboard a vessel in the squid trawl fishery, no more than five 
swordfish per trip may be possessed in the North Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea, north of 5 deg. N. 
lat., or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal 
state. For the purposes of this paragraph (b)(2)(iii), a vessel is 
considered to be in the squid trawl fishery when it has no commercial 
fishing gear other than trawl gear on board and squid constitute not 
less than 75 percent by weight of the total fish on board or offloaded 
from the vessel.
    (3) Limits during a bycatch closure. During a closure of the 
bycatch fishery under Sec. 630.28(e)(2)(ii), the provisions of 
paragraphs (b)(2) (ii) and (iii) of this section notwithstanding, a 
person aboard a fishing vessel, other than a vessel in the recreational 
fishery, may not fish for swordfish from the management unit and no 
swordfish may be possessed on other than a recreational fishing vessel 
in the North Atlantic Ocean, including the Gulf of Mexico and Caribbean 
Sea, north of 5 deg. N. lat., or landed in an Atlantic, Gulf of Mexico, 
or Caribbean coastal state.


Sec. 630.27  Harvest restrictions.

    (a) Atlantic swordfish. A vessel for which a swordfish permit has 
been issued under Sec. 630.4(a)(3) may land from or possess during a 
single trip no more than 31,600 lb (14,334 kg) dressed weight of 
swordfish, unless a closure has been effected under Sec. 630.28(e)(2), 
in which case bycatch limits specified under Sec. 630.26(b) apply.
    (b) Atlantic sharks--(1) Trip limit. A vessel for which a permit 
has been issued under Sec. 630.4(a)(4) may not land from or possess 
during a single trip more than 4,000 lb (1,814 kg), dressed weight, of 
large coastal species, unless a closure has been effected under 
Sec. 630.28(e)(3).
    (2) Fins. (i) The practice of ``finning,'' that is, removing only 
the fins and returning the remainder of the shark to the sea, is 
prohibited in the EEZ and on board any vessel for which a permit has 
been issued under Sec. 630.4(a)(4).
    (ii) Shark fins that are possessed aboard or offloaded from a 
fishing vessel must not exceed 5 percent of the weight of the shark 
carcasses. All fins must be weighed in conjunction with the weighing of 
the carcasses at the vessel's first point of landing and such weights 
of the fins landed must be recorded on the weighout slips submitted by 
the vessel owner or operator under Sec. 630.5(a).
    (iii) Shark fins may not be possessed aboard a fishing vessel after 
the vessel's first point of landing.


Sec. 630.28  Quotas and closures.

    (a) Annual specifications. See Sec. 630.31(a).
    (b) Atlantic bluefin tuna. (1) Consistent with ICCAT 
recommendations, the total annual (January 1-December 31) amount of 
Atlantic bluefin tuna that may be caught, retained, possessed, or 
landed by persons and vessels subject to U.S. jurisdiction in the 
regulatory area will be subdivided among the General, Harpoon Boat, 
Purse Seine, Longline, and Angling quota categories. In addition, a 
portion of the annual quota of Atlantic bluefin tuna will be held in 
reserve for inseason adjustments and to compensate for overharvest in 
any category.
    (2) General category. The total annual amount of large medium and 
giant Atlantic bluefin tuna that may be caught, retained, possessed or 
landed in the regulatory area by vessels for which General or Charter/
Headboat category permits have been issued under Sec. 630.4(a)(2) may 
be apportioned to specified fishing periods and/or specified geographic 
areas. Such apportionment shall be consistent with the criteria listed 
under paragraph (b)(5) of this section.
    (3) Angling category. The total annual amount of Atlantic bluefin 
tuna that may be caught, retained, possessed or landed in the 
regulatory area by anglers aboard vessels for which Angling, Charter/
Headboat or General category permits have been issued under 
Sec. 630.4(a)(2) may be apportioned to specified fishing periods, 
specified geographic areas and/or specified regulatory size classes. 
Such apportionment shall be consistent with the criteria listed under 
paragraph (b)(5) of this section.
    (4) Longline category. The total annual amount of large medium and 
giant Atlantic bluefin tuna that may be caught, retained, possessed, or 
landed in the regulatory area by vessels for which Longline category 
permits have been issued under Sec. 630.4(a)(2) may be apportioned to 
specified fishing periods and/or specified geographic areas. Such 
apportionment shall be consistent with the criteria listed under 
paragraph (b)(5) of this section.
    (5) Inseason adjustments. NMFS may allocate any portion of the 
reserve held for inseason adjustments to any category of the fishery, 
or to account for harvest by persons conducting research activities 
authorized under Sec. 630.1(b)(2) in accordance with Sec. 630.32. NMFS 
will publish notification of allocation of any inseason adjustment 
amount in the Federal Register. Before making any such allocation, NMFS 
will consider the following factors:
    (i) The usefulness of information obtained from catches of the 
particular category of the fishery for biological sampling and 
monitoring the status of the stock.
    (ii) The catches of the particular gear segment to date and the 
likelihood of closure of that segment of the fishery if no allocation 
is made.
    (iii) The projected ability of the particular gear segment to 
harvest the additional amount of Atlantic bluefin tuna before the 
anticipated end of the fishing season.
    (iv) The estimated amounts by which quotas established for other 
gear segments of the fishery might be exceeded.
    (6) Annual adjustments. If NMFS determines, based on landing 
statistics and other available information, that an annual quota in any 
category, or as appropriate, subcategory, has been exceeded or has not 
been reached, NMFS will subtract the overharvest

[[Page 57374]]

from, or add the underharvest to, that quota category for the following 
year; provided that the total of the adjusted quotas and the reserve is 
consistent with a recommendation of ICCAT regarding country quotas. 
NMFS will publish any amounts to be subtracted or added and the basis 
for the quota reductions or increases in the notice of annual quota 
specifications.
    (c) Atlantic swordfish--(1) Annual. Consistent with the 
requirements of this part, the total annual amount of swordfish from 
the North Atlantic swordfish stock that may be caught, retained, 
possessed, or landed in the regulatory area by vessels for which a 
permit has been issued under Sec. 630.4(a)(3) may be apportioned to 
specified fishing periods, gear categories, and geographic areas. Such 
specifications shall indicate harvest authorized for directed fisheries 
and harvest authorized as bycatch.
    (2) Directed fishery. Harvest of swordfish by a vessel of the 
United States in other than the recreational fishery is counted against 
the directed-fishery gear quota or the bycatch quota. A swordfish 
harvested by drift gillnet, longline, or harpoon and landed before the 
effective date of a closure for that gear is counted against the 
applicable directed-fishery gear quota.
    (3) Bycatch fishery. (i) After a gear closure, a swordfish landed 
by a vessel using or possessing gear for which bycatch is allowed under 
Sec. 630.26(b)(1) is counted against the bycatch allocation identified 
for that gear in the annual quota specification.
    (ii) Notwithstanding paragraph (e)(3)(i) of this section, a 
swordfish harvested by a vessel using or possessing gear other than 
drift gillnet, longline, harpoon, or rod and reel is counted against 
the bycatch quota identified in the annual quota specification at all 
times.
    (4) Gillnet harvest. A swordfish will be deemed to have been 
harvested by a drift gillnet when it is on board, or offloaded in an 
Atlantic, Gulf of Mexico, or Caribbean coastal state from, a vessel 
using or having on board a drift gillnet; or when it is on board, or 
offloaded in an Atlantic, Gulf of Mexico, or Caribbean coastal state 
from, a vessel that used or had on board a drift gillnet during its 
current or most recent fishing trip.
    (5) Inseason adjustments. (i) NMFS may adjust, through notification 
filed with the Office of the Federal Register, applicable semiannual 
directed or bycatch fishery quotas and gear quotas to reflect actual 
catches during the prior semiannual period, provided that the annual 
directed or bycatch fishery and gear quotas are not exceeded.
    (ii) If NMFS determines that the annual bycatch quota will not be 
taken before the end of the fishing year, the excess quota may be 
allocated to the directed-fishery quotas in the same gear quota 
proportions as the annual specifications in effect.
    (iii) If NMFS determines that it is necessary to close the directed 
fishery, any overharvest or underharvest of the directed-fishery quota 
will be used to adjust the annual bycatch quota accordingly, in the 
same gear quota proportions as the annual specifications in effect.
    (d) Atlantic sharks--(1) General. The total annual amount of 
Atlantic sharks that may be caught, retained, possessed, or landed in 
the regulatory area by vessels for which permits have been issued under 
Sec. 630.4(a)(4) may be apportioned to specified fishing periods and 
species groups. Such specifications shall indicate harvest authorized 
for directed fisheries and harvest authorized as bycatch.
    (2) Applicability. Persons fishing aboard vessels for which permits 
have been issued under Sec. 630.4(a)(4), except for persons aboard 
vessels that are operating as charter vessels or headboats, are limited 
to the quotas specified annually pursuant to the provisions of this 
section. Persons aboard vessels that are operating as charter vessels 
or headboats are limited to the catch limits in Sec. 630.29(b). Large 
coastal or pelagic species sharks that are sold are counted against the 
appropriate quota for their species group.
    (3) Inseason adjustments. NMFS may adjust, through notification 
filed with the Office of the Federal Register, applicable semiannual 
directed or bycatch fishery quotas and gear quotas to reflect actual 
catches during the prior semiannual period, provided that the annual 
directed or bycatch fishery quotas are not exceeded.
    (e) Closures--(1) Atlantic bluefin tuna. NMFS will monitor catch 
and landing statistics, including catch and landing statistics from 
previous years and projections based on those statistics, of Atlantic 
bluefin tuna by vessels other than those permitted in the Purse Seine 
category. On the basis of these statistics, NMFS will project a date 
when the catch of Atlantic bluefin tuna will equal any quota 
established under this section, and will file notification with the 
Office of the Federal Register stating that fishing for or retaining 
Atlantic bluefin tuna under the quota must cease on that date at a 
specified hour.
    (2) Atlantic swordfish--(i) Directed fishery. When a directed-
fishery annual, semi-annual, or gear quota established under this 
section is reached, or is projected to be reached, NMFS will file a 
notice with the Office of the Federal Register closing the entire 
directed fishery for fish from the North Atlantic swordfish stock, the 
drift gillnet fishery, or the harpoon and longline fisheries, as 
appropriate. For the harpoon and longline fisheries, notice of closure 
shall be effective at least 14 days after the date such notice is 
filed. For the drift gillnet fishery, notice of closure shall be 
effective at least 3 days after the date such notice is filed. The 
closure will remain in effect until an additional directed-fishery or 
gear quota becomes available. During a closure of a directed fishery, 
the bycatch limits specified in Sec. 630.26(b) are effective.
    (ii) Bycatch fishery. When the bycatch quota established under this 
section is reached, or is projected to be reached, NMFS will file a 
notice with the Office of the Federal Register prohibiting further 
possession or retention of Atlantic swordfish by vessels of the United 
States, to be effective no sooner than 14 days after the date such 
notice is filed. The closure will remain in effect until a new annual 
bycatch quota becomes available.
    (3) Atlantic sharks. (i) When a commercial quota established under 
this section is reached, or is projected to be reached, NMFS will file 
a notice with the Office of the Federal Register prohibiting further 
possession or retention of Atlantic sharks by vessels for which a 
permit has been issued under Sec. 630.4(a)(4), to be effective no 
sooner than 5 days after the date such notice is filed.
    (ii) On the effective date of such notification, for the remainder 
of the semi-annual period--
    (A) A person aboard a vessel for which a permit has been issued 
under Sec. 630.4(a)(4) may not retain shark of the species group for 
which the commercial quota has been reached, except as provided in 
paragraph (e)(3)(ii)(C) of this section.
    (B) The sale, purchase, trade, or barter, or attempted sale, 
purchase, trade, or barter of a shark carcass or fin of that species 
group harvested by a person aboard a vessel for which a permit has been 
issued under Sec. 630.4(a)(4) is prohibited.
    (C) A person aboard a charter vessel or headboat for which a permit 
has been issued under Sec. 630.4(a)(4) may retain, subject to the catch 
limits specified in Sec. 630.29(b), shark of the species group for 
which the commercial quota has been reached, provided the vessel is

[[Page 57375]]

operating as a charter vessel or headboat. However, the prohibition of 
paragraph (e)(3)(ii)(B) of this section regarding sale, purchase, 
trade, or barter, or attempted sale, purchase, trade, or barter, apply 
to such shark.


Sec. 630.29  Catch limits.

    (a) Atlantic bluefin tuna--(1) General category. (i) From the start 
of each fishing year, except on designated restricted fishing days, 
only one large medium or giant Atlantic bluefin tuna may be caught and 
landed per day from a vessel for which a General category permit has 
been issued under Sec. 630.4(a)(2). On designated restricted fishing 
days, persons aboard such vessels may not possess, retain, or land any 
large medium or giant Atlantic bluefin tuna. NMFS will publish in the 
Federal Register a schedule of designated restricted fishing days 
applicable for that fishing season.
    (ii) NMFS may increase or reduce the catch limit over a range from 
zero (restricted fishing days) to a maximum of three large medium or 
giant Atlantic bluefin tuna per day per vessel based on a review of 
dealer reports, daily landing trends, availability of the species on 
the fishing grounds, and any other relevant factors, to provide for 
maximum utilization of the quota. NMFS will publish notification in the 
Federal Register of any adjustment in the allowable daily catch limit 
made under this paragraph (a)(1)(ii). Such notification shall be filed 
at the Office of the Federal Register at least 3 calendar days prior to 
the change becoming effective.
    (iii) Large medium and giant Atlantic bluefin tuna may be possessed 
or retained aboard a vessel for which a General category permit has 
been issued under Sec. 630.4(a)(2), if the amount does not exceed a 
single day's catch, regardless of the length of the trip, as allowed by 
the daily catch limit for General category vessels in effect on that 
day.
    (iv) Anglers aboard vessels for which General category permits have 
been issued under Sec. 630.4(a)(2) may possess school, large school, 
and small medium Atlantic bluefin tuna in an amount not to exceed a 
single day's catch, regardless of the length of the trip, as allowed by 
the daily catch limit for the Angling category in effect on that day. 
School, large school, and small medium bluefin tuna landed by anglers 
aboard vessels for which a General category permit has been issued 
under Sec. 630.4(a)(2) are counted against the Angling category quota. 
Once the applicable catch limit for large medium or giant bluefin tuna 
is possessed or retained on authorized commercial fishing days, persons 
aboard vessels for which a General category permit has been issued 
under Sec. 630.4(a)(2) must cease fishing and the vessel must proceed 
to port.
    (2) Harpoon Boat category. Vessels for which a Harpoon Boat 
category permit has been issued under Sec. 630.4(a)(2) may catch 
multiple giant bluefin tuna, but only one large medium bluefin tuna per 
day per vessel may be caught.
    (3) Purse Seine category. Large medium bluefin tuna may be caught 
from a vessel for which a Purse Seine category permit has been issued 
under Sec. 630.4(a)(2), provided that the total amount of large medium 
bluefin landed per trip does not exceed 15 percent by weight of the 
total amount of giant Atlantic bluefin tuna landed on that trip, and 
the total annual amount of large medium bluefin landed does not exceed 
10 percent by weight of the total amount of giant Atlantic bluefin tuna 
allocated to that vessel for that fishing season.
    (4) Angling category. (i) Each angler aboard a vessel for which an 
Angling category permit has been issued under Sec. 630.4(a)(2) may 
catch and retain each day no more than one Atlantic bluefin tuna that 
may be from the school or large school size class. In addition to the 
per angler limits, one small medium size class bluefin tuna may be 
retained each day, per angling category vessel.
    (ii) When fishing outside the Gulf of Mexico, in addition to the 
daily catch limit for school, large school, and small medium bluefin 
tuna, a vessel for which an Angling category permit has been issued 
under Sec. 630.4(a)(2) may catch and retain annually one large medium 
or giant Atlantic bluefin tuna, to be counted against the Angling 
category quota specified in accordance with Sec. 630.28(b)(3). Once the 
applicable catch limit for large medium or giant bluefin tuna is 
possessed or retained under the Angling category quota, fishing by 
persons aboard Angling category vessels must cease and the vessel must 
proceed to port. The owner or operator of the vessel must report to the 
nearest NMFS enforcement office within 24 hours of landing any large 
medium or giant bluefin, and must make the tuna available to NMFS for 
inspection and attachment of a tag. No such large medium or giant 
Atlantic bluefin tuna may be sold or transferred to any person for a 
commercial purpose, except for taxidermic purposes. A list of local 
NMFS enforcement offices may be obtained from the Regional Director.
    (iii) For vessels for which an Angling category permit has been 
issued under Sec. 630.4(a)(2), NMFS may increase or reduce the per 
angler catch limit for any size class bluefin tuna or may change the 
per angler limit to a per boat limit or a per boat limit to a per 
angler limit based on a review of daily landing trends, availability of 
the species on the fishing grounds, and any other relevant factors, to 
provide for maximum utilization of the quota spread over the longest 
possible period of time. NMFS will publish notification in the Federal 
Register of any adjustment in the allowable daily catch limit made 
under this paragraph (a)(4)(iii). Such notification shall be filed at 
the Office of the Federal Register at least 3 calendar days prior to a 
change in daily catch limit becoming effective.
    (iv) Anglers aboard vessels for which an Angling category permit 
has been issued under Sec. 630.4(a)(2) may possess school, large 
school, and small medium Atlantic bluefin tuna in an amount not to 
exceed a single day's catch, regardless of the length of the trip, as 
allowed by the daily catch limit for the Angling category in effect on 
that day.
    (v) At any time when fishing in the Gulf of Mexico, operators of 
vessels for which Angling category permits have been issued under 
Sec. 630.4(a)(2) must not fish for, catch, retain or possess bluefin 
tuna except that large medium and giant bluefin tuna taken incidental 
to fishing for other species may be retained subject to the annual 
vessel limit and reporting requirement for non-commercial take of large 
medium or giant Atlantic bluefin tuna as specified in paragraph 
(a)(4)(ii) of this section.
    (5) Charter/Headboat category. (i) Anglers aboard vessels for which 
a Charter/Headboat category permit has been issued under 
Sec. 630.4(a)(2) are subject to the daily catch limits for school, 
large school, and small medium Atlantic bluefin tuna applicable to the 
Angling category. School, large school, and small medium bluefin tuna 
landed by anglers aboard Charter/Headboat category vessels are counted 
against the Angling category quota.
    (ii) When the General category fishery is closed, except when 
fishing in the Gulf of Mexico, operators of vessels for which a 
Charter/Headboat category permit has been issued under Sec. 630.4(a)(2) 
are subject to the annual vessel limit and reporting requirement for 
non-commercial take of large medium or giant Atlantic bluefin tuna as 
specified in paragraph (a)(4)(ii) of this section. Such large medium 
and giant bluefin tuna landed by anglers aboard Charter/Headboat 
category vessels are counted against the Angling category quota. Once 
the applicable catch limit for large medium or giant bluefin tuna is 
possessed or retained under the Angling category quota, fishing by

[[Page 57376]]

persons aboard Charter/Headboat category vessels must cease and the 
vessel must proceed to port.
    (iii) When commercial fishing by vessels for which General category 
permits have been issued under Sec. 630.4(a)(2) is authorized, except 
when fishing in the Gulf of Mexico, operators of vessels for which a 
Charter/Headboat category permit has been issued under Sec. 630.4(a)(2) 
are subject to the daily catch limit in effect for the General category 
for large medium or giant Atlantic bluefin tuna as specified in 
paragraph (a)(1) of this section. Once the applicable catch limit for 
large medium or giant bluefin tuna is possessed or retained on 
authorized commercial fishing days, persons aboard vessels for which 
Charter/Headboat category permits have been issued under 
Sec. 630.4(a)(2) must cease fishing and the vessel must proceed to 
port. On authorized commercial fishing days, large medium or giant 
bluefin tuna landed by Charter/Headboat vessels operating outside the 
Gulf of Mexico may be sold and are counted against the quota for the 
General category.
    (iv) Anglers aboard vessels for which Charter/Headboat category 
permits have been issued under Sec. 630.4(a)(2) may possess school, 
large school, and small medium Atlantic bluefin tuna in an amount not 
to exceed a single day's catch, regardless of the length of the trip, 
as allowed by the daily catch limit for the Angling category in effect 
on that day. Vessels for which a Charter/Headboat category permit has 
been issued under Sec. 630.4(a)(2) may possess large medium and giant 
Atlantic bluefin tuna in an amount not to exceed a single day's catch, 
regardless of the length of the trip, as allowed by the daily catch 
limit in effect on that day.
    (v) At any time when fishing in the Gulf of Mexico, operators of 
vessels for which Charter/Headboat category permits have been issued 
under Sec. 630.4(a)(2) may not fish for, catch, retain or possess 
bluefin tuna except that large medium and giant bluefin tuna taken 
incidental to fishing for other species may be retained subject to the 
annual vessel limit and reporting requirement for non-commercial take 
of large medium or giant Atlantic bluefin tuna as specified in 
paragraph (a)(5)(ii) of this section.
    (b) Atlantic sharks--(1) Applicability. Catch limits apply to a 
person who fishes in the EEZ or possesses a shark in or from the EEZ 
aboard a vessel--
    (i) When the vessel does not have on board a permit issued under 
Sec. 630.4(a)(4); or
    (ii) When the vessel is operating as a charter vessel or headboat. 
For the purposes of this paragraph (b), a charter vessel or headboat 
for which a permit has been issued under Sec. 630.4(a)(4) is considered 
to be operating as a charter vessel or headboat when it carries a 
passenger who pays a fee or when there are more than three persons 
aboard, including operator and crew.
    (2) Catch limits--(i) Large coastal species and pelagic species, 
combined--four per fishing vessel per trip.
    (ii) Small coastal species--five per person per day.
    (3) Combination of catch limits. A person to whom the catch limits 
apply may not combine a catch limit specified in paragraph (b)(2) of 
this section with a catch or possession limit applicable to state 
waters.
    (4) Responsibility for catch limits. The operator of a vessel for 
which the catch limits apply is responsible for the vessel trip limit 
applicable to large coastal species and pelagic species combined, and 
for the cumulative catch limit applicable to small coastal species 
based on the number of persons aboard.


Sec. 630.30  Catch and release.

    (a) Atlantic bluefin tuna. (1) Notwithstanding other provisions of 
this part, an angler may fish for Atlantic bluefin tuna under a tag and 
release program, provided the angler tags all Atlantic bluefin tuna so 
caught with tags issued or approved by NMFS under this section, and 
releases and returns such fish to the sea immediately after tagging and 
with a minimum of injury. If NMFS-issued or NMFS-approved tags are not 
on board a vessel, all anglers aboard that vessel are deemed to be 
ineligible to fish under the provisions of this section.
    (2) NMFS-issued tags, reporting cards, and detailed instructions 
for their use may be obtained from the Cooperative Tagging Center 
(contact Director, Southeast Fisheries Science Center, NMFS). Tags 
obtained from sources other than NMFS may be used to tag Atlantic 
bluefin tuna, provided the angler has registered each year with the 
Cooperative Tagging Center and the NMFS program manager has approved 
the use of tags from that source. Anglers using an alternative source 
of tags wanting to tag bluefin tuna can contact the Director, Southeast 
Fisheries Science Center, NMFS.
    (3) Anglers registering for the Atlantic bluefin tagging program 
are required to provide their name, address, phone number, and, if 
applicable, identify the alternate source of tags.
    (b) Atlantic yellowfin and bigeye tuna. Persons or fishing vessels 
subject to the jurisdiction of the United States must release, in a 
manner to promote survival, any yellowfin tuna or bigeye tuna less than 
the minimum size specified in Sec. 630.25(b)(1) taken incidental to 
authorized fishing in the regulatory area.
    (c) Atlantic billfishes. (1) Billfish harvested by gear other than 
rod and reel shoreward of the outer boundary of the EEZ must be 
released in a manner that will ensure maximum probability of survival.
    (2) Billfish caught by a pelagic longline shoreward of the outer 
boundary of the EEZ must be released by cutting the line near the hook 
without removing the fish from the water.
    (3) A billfish under the minimum size limit specified in 
Sec. 630.25(d), caught shoreward of the outer boundary of the EEZ, must 
be released by cutting the line near the hook without removing the fish 
from the water.
    (d) Atlantic Sharks. A shark that is harvested in the EEZ or 
harvested by a vessel for which a permit has been issued under 
Sec. 630.4(a)(4) that is not retained--
    (1) Must be released in a manner that will ensure maximum 
probability of survival.
    (2) If caught by hook and line, must be released by cutting the 
line near the hook without removing the fish from the water.


Sec. 630.31  Adjustment of management measures.

    (a) Annual specifications. (1) NMFS will annually establish or, as 
necessary, adjust quota specifications for the commercial and 
recreational fisheries for regulated species, other than billfishes, by 
publishing one or more notifications in the Federal Register. Quota 
specifications may include, TAC, directed and incidental harvest 
levels, catch limits, and allocations to gear categories, time periods, 
and management areas. Specifications for each fishery must be 
consistent with the provisions of this section.
    (2) Proposed specifications will be filed for publication with the 
Office of the Federal Register at least 60 days prior to commencement 
of the applicable fishing season, unless NMFS determines, for good 
cause, that a deviation from the 60-day schedule must occur. Public 
comment will be invited and appropriate analyses will be available to 
the public during the comment period.
    (3) Final annual quota specifications will be published in the 
Federal Register and will be effective upon filing, unless a later time 
is specified.
    (4) Final annual quota specifications will be effective until the 
effective date

[[Page 57377]]

of the subsequent fishing year's specifications as published in the 
Federal Register.
    (b) Atlantic bluefin tuna. See Secs. 630.20(a), 630.28(b), and 
630.29(a).
    (c) Atlantic swordfish. See Sec. 630.28(c).
    (d) Atlantic sharks. See Sec. 630.28(d). In addition to the annual 
specifications described in paragraph (a) of this section, and in 
accordance with the framework regulatory adjustment procedures 
specified in the Fishery Management Plan for Atlantic Sharks, NMFS may 
establish or modify for species or species groups in the shark fishery 
the following: MSY, TAC, quotas, trip limits, catch limits, size 
limits, the fishing year or fishing season, the species of sharks 
managed and the specification of the species groups to which they 
belong, and permitting and reporting requirements.


Sec. 630.32  Specifically authorized activities.

    Upon written request, NMFS may authorize, for the acquisition of 
information and data and to reduce waste, activities otherwise 
prohibited by the regulations in this part. Such activities may 
include, but are not limited to, scientific research for regulated 
species other than sharks, exempted fishing consistent with the 
provisions of 50 CFR 600.745, or programs under which regulated species 
retained in contravention to otherwise applicable regulations may be 
donated through approved foodbank networks. Such activities must be 
authorized in writing and will be subject to all conditions specified 
in the letter of authorization or exempted fishing permit.

Subpart C--Restrictions on Imports


Sec. 630.40  Species subject to documentation requirements.

    Imports into the United States and exports or re-exports from the 
United States of all bluefin tuna or bluefin tuna products, regardless 
of ocean area of catch, are subject to the documentation requirements 
of this subpart.
    (a) Documentation is required for bluefin tuna identified by the 
following item numbers from the Harmonized Tariff Schedule:
    (1) Fresh or chilled bluefin tuna, excluding fillets and other fish 
meat, No. 0302.39.00.20.
    (2) Frozen bluefin tuna, excluding fillets, No. 0303.49.00.20.
    (b) In addition, bluefin tuna products in other forms (e.g., 
chunks, fillets, canned) listed under any other item numbers from the 
Harmonized Tariff Schedule are subject to the documentation 
requirements of this subpart, except that fish parts other than meat 
(e.g., heads, eyes, roe, guts, tails) may be allowed entry without said 
statistical documentation.


Sec. 630.41  Documentation requirements.

    (a) Bluefin tuna imports. (1) Imports of all bluefin tuna products 
into the United States must be accompanied at the time of entry by an 
original completed approved BSD with the information and exporter's 
certification specified in Sec. 630.42(a) (1) through (7). Such 
information must be validated as specified in Sec. 630.42(a)(8) by a 
responsible government official of the country whose flag vessel caught 
the tuna (regardless of where the fish are first landed), unless NMFS 
has waived validation requirements for the country pursuant to 
Sec. 630.43.
    (2) Bluefin tuna imported into the United States from a country 
requiring a tag on all such tuna available for sale must be accompanied 
by the appropriate tag issued by that country, and said tag must remain 
on any tuna until it reaches its final import destination. If the final 
import destination is the United States, the tag must remain on the 
tuna until it is cut in to portions. If the tuna portions are 
subsequently packaged for domestic commercial use or export, the tag 
number and the issuing country must be written legibly and indelibly on 
the outside of the package.
    (3) Dealers selling bluefin tuna that was previously imported into 
the United States for domestic commercial use must provide on the 
original BSD that accompanied the import shipment the correct 
information and importer's certification specified in 
Sec. 630.52(a)(9). The original of the completed BSD must be postmarked 
and mailed by said dealer to the Regional Director within 24 hours of 
the time the tuna was imported into the United States.
    (b) Bluefin tuna exports. (1) Dealers exporting bluefin tuna that 
was harvested by U.S. vessels and first landed in the United States 
must complete an original numbered BSD issued to that dealer by the 
Regional Director. Such an individually numbered document is not 
transferable or reusable and may be used only once by the dealer to 
which it was issued to report on a specific export shipment. Dealers 
must provide on the BSD the correct information and exporter 
certification specified in Sec. 630.42(a) (1) through (7). As required 
under Sec. 630.43, the BSD must be validated as specified in 
Sec. 630.42(a)(8) by an official of the U.S. Government or, if 
authorized by NMFS, an official of an accredited institution. A list of 
such officials may be obtained by contacting the Director, or the 
nearest NMFS Enforcement Office. A list of local NMFS enforcement 
offices can be obtained by contacting the Regional Director. Dealers 
requesting Government validation for exports should notify NMFS as soon 
as possible after arrival of the vessel to avoid delays in inspection 
and validation of the export shipment.
    (2) Dealers re-exporting bluefin tuna that was previously imported 
into the United States must provide on the original BSD that 
accompanied the import shipment the correct information and 
intermediate importer's certification specified in Sec. 630.42(a)(9).
    (3) Dealers must submit the original of the completed BSD to 
accompany the shipment of bluefin tuna to its export or re-export 
destination. A copy of the BSD completed as specified under paragraph 
(b)(1) or (2) of this section must be postmarked and mailed by said 
dealer to the Regional Director within 24 hours of the time the tuna 
was exported or re-exported from the United States.
    (c) Recordkeeping. Dealers must retain at their principal place of 
business a copy of each BSD required to be submitted to the Regional 
Director pursuant to this section for a period of 2 years from the date 
on which it was submitted to the Regional Director.


Sec. 630.42  Contents of documentation.

    (a) A BSD, to be deemed complete, must:
    (1) Have a document number assigned as prescribed by the country 
issuing the document.
    (2) State the name of the country issuing the document, which is 
the country whose flag vessel harvested the bluefin tuna, regardless of 
where the tuna is first landed.
    (3) State the name of the vessel that caught the fish and the 
vessel's registration number, if applicable.
    (4) State the name of the owner of the trap that caught the fish, 
if applicable.
    (5) State the point of export, which is the city, state or 
province, and country from which the bluefin tuna is first exported.
    (6) State the following specified information about the shipment:
    (i) The product type (fresh or frozen) and product form (round, 
gilled and gutted, dressed, fillet, or other).
    (ii) The method of fishing used to harvest the fish (e.g., purse 
seine, trap, rod and reel).
    (iii) The ocean area from which the fish was harvested (western 
Atlantic, eastern Atlantic, Mediterranean, or Pacific).

[[Page 57378]]

    (iv) The weight of each fish (in kilograms for the same product 
form previously specified).
    (v) The identifying tag number, if landed by vessels from countries 
with tagging programs.
    (7) State the name and license number of, and be signed and dated 
in the exporter's certification block by, the exporter.
    (8) If applicable, state the name and title of, and be signed and 
dated in the validation block by, a responsible government official of 
the country whose flag vessel caught the tuna (regardless of where the 
tuna are first landed) or by an official of an institution accredited 
by said government, with official government or accredited institution 
seal affixed, thus validating the information on the BSD.
    (9) As applicable, state the name(s) and address(es), including the 
name of the city and state or province of import, and the name(s) of 
the intermediate country(ies) or the name of the country of final 
destination, and license number(s) of, and be signed and dated in the 
importer's certification block by, each intermediate and the final 
importer.
    (b) An approved BSD may be obtained from the Regional Director to 
accompany exports of bluefin tuna from the United States. Bluefin tuna 
dealers in countries that do not provide an approved BSD to exporters 
may obtain an approved BSD from the Regional Director to accompany 
exports to the United States.
    (c) Dealers from a country exporting bluefin tuna to the United 
States may use the approved BSD obtainable from the Regional Director 
or documents developed by the country of export, if that country 
submits a copy to the ICCAT Executive Secretariat and NMFS concurs with 
the ICCAT Secretariat's determination that the document meets the 
information requirements of the ICCAT recommendation. In such case, 
NMFS shall provide a list of countries for which BSDs are approved, 
together with examples of such documents to the appropriate official of 
the U.S. Customs Service. Effective upon the date indicated in such 
notice to the U.S. Customs Service, shipments of bluefin tuna or 
bluefin tuna products offered for importation from said country(ies) 
may be accompanied by either that country's approved BSD or by the BSD 
provided to the foreign country exporter by the Regional Director.


Sec. 630.43  Validation requirements.

    (a) Imports. The approved BSD accompanying any import of bluefin 
tuna, regardless of whether the issuing country is a member of ICCAT, 
must be validated by a government official from the issuing country, 
unless NMFS waives this requirement for that country following a 
recommendation to do so by the ICCAT Secretariat. NMFS shall furnish a 
list of countries for which government validation requirements are 
waived to the appropriate official of the U.S. Customs Service. Such 
list shall indicate the circumstances of exemption for each issuing 
country and the non-government institutions, if any, accredited to 
validate BSDs for that country.
    (b) Exports. The approved BSD accompanying any export of bluefin 
tuna from the United States must be validated by a U.S. Government 
official, except pursuant to a waiver, if any, specified on the form 
and accompanying instructions, or in a letter to permitted dealers from 
the Regional Director. Any waiver of government validation shall be 
consistent with ICCAT recommendations concerning validation of BSDs. If 
authorized, such waiver of government validation may include:
    (1) Exemptions from government validation for fish with individual 
tags affixed pursuant to Sec. 300.26 of this chapter or Sec. 630.24; or
    (2) Validation by non-government officials authorized to do so by 
the Regional Director under paragraph (c) of this section.
    (c) Authorization for non-government validation. Institutions or 
associations seeking authorization to validate BSDs accompanying 
exports from the United States, must apply in writing to the Regional 
Director. A letter of application must indicate the procedures to be 
used for verification of information to be validated, must list the 
names, addresses, and telephone/fax numbers of individuals to perform 
validation, and must provide an example of the stamp or seal to be 
applied to the BSD. Upon finding the institution or association capable 
of verifying the information required on the BSD, the Regional Director 
will issue, within 30 days, a letter specifying the duration of 
effectiveness and conditions of authority to validate BSDs accompanying 
exports from the United States. The effectiveness of such authorization 
will be delayed as necessary for NMFS to notify the ICCAT Secretariat 
of non-government institutions and associations authorized to validate 
BSDs.


Sec. 630.44  Ports of entry.

    NMFS shall monitor the importation of bluefin tuna into the United 
States. If it is determined that the diversity of handling practices at 
certain ports at which bluefin tuna is being imported into the United 
States allows for circumvention of the BSD requirement, NMFS may 
designate, after consultation with the U.S. Customs Service, those 
ports at which Pacific or Atlantic bluefin tuna may be imported into 
the United States. NMFS shall announce in the Federal Register the 
names of ports so designated and the effective dates of entry 
restrictions.


Sec. 630.45  Other import restrictions.

    (a) Determinations. If it is determined that species of fish 
subject to regulation or under investigation by ICCAT, as the case may 
be, are ineligible for entry into the United States under 16 U.S.C. 
971d(c)(4) or 971d(c)(5), the Assistant Administrator, with the 
approval of the Secretary and the concurrence of the Secretary of 
State, will publish a finding to that effect in the Federal Register. 
Effective upon the date of publication of such finding in the Federal 
Register, every shipment of fish in any form of the species found to be 
ineligible will be denied entry, unless it is established by 
satisfactory proof pursuant to paragraph (f) of this section that a 
particular shipment of such fish is not ineligible for entry, provided 
that entry will not be denied and no such proof will be required for 
any such shipment that, on the date of such publication, was in transit 
to the United States on board a vessel operating as a common carrier.
    (b) Proof of admissibility. (1) For the purposes of paragraph (d) 
of this section and section 6(c) of the ATCA, a shipment of fish in any 
form of the species under regulation or under investigation by ICCAT 
offered for entry, directly or indirectly, from a country named in a 
finding published under paragraph (a) of this section is eligible for 
entry, if the shipment is accompanied by a certificate of eligibility, 
obtained from the Regional Director and completed and attached to the 
invoice, certifying as may be appropriate, that the fish in the 
shipment:
    (i) Are not of the species specified in the published finding;
    (ii) Are of the species named in the published finding, but were 
not taken in the regulatory area; or
    (iii) Are of the species named in the published finding, but are 
products of an American fishery lawfully taken in conformity with 
applicable conservation laws and regulations and landed in the country 
named in the published finding solely for transshipment.
    (2) If the fish are offered for entry under paragraphs (b)(1) (i) 
or (ii) of this section, the certificate must be executed

[[Page 57379]]

by a duly authorized official of the country named in the published 
finding and the certificate must be authenticated, on a form obtained 
from the Regional Director, with respect to the signature and official 
position of the person executing the same by a consular officer or 
consular agent of the United States. Such certificate of authentication 
shall be attached to the Certificate of Eligibility.
    (3) If the fish are offered for entry under paragraph (b)(1)(iii) 
of this section, the certificate must be executed by a consular officer 
or consular agent of the United States and be accompanied by the 
declaration(s) required by 19 CFR 10.79. The ``Declaration of Master 
and Two Members of Crew on Entry of Products of American Fisheries'' 
required by 19 CFR 10.7 must contain a further statement as follows: 
``We further declare that the said fish were caught by us in full 
compliance with part 630, title 50, Code of Federal Regulations, and 
such other conservation laws and regulations as were applicable at the 
time the fishing operation was in progress.''
    (c) Removal of import restrictions. Upon a determination by the 
Assistant Administrator that the conditions no longer exist that 
warranted the imposition of import restrictions in the finding 
published pursuant to paragraph (a) of this section, the Assistant 
Administrator, with the approval of the Secretary and the concurrence 
of the Secretary of State, will publish a finding to such effect in the 
Federal Register. Effective upon the date of publication of such 
finding, the prior existing import restrictions against the country 
designated therein will terminate, provided that for one year from such 
date of publication, every shipment of fish in any form that was 
subject to the finding published pursuant to paragraph (a) of this 
section will continue to be denied entry, unless the shipment is 
accompanied by a certification executed by an authorized official of 
the country of export and authenticated by a consular officer or 
consular agent of the United States, certifying that no portion of the 
shipment is comprised of fish taken prior to or during the import 
restriction.

Subpart D--International Port Inspection


Sec. 630.50  Basis and purpose.

    The regulations in this subpart have been adopted by the United 
States to implement the ICCAT port inspection scheme, to assist in the 
enforcement of ICCAT's recommendations. The text of the ICCAT port 
inspection scheme may be obtained from the Director.


Sec. 630.51  Authorized officer.

    For the purposes of this subpart, an authorized officer is a person 
appointed by an ICCAT contracting party that has accepted the port 
inspection scheme to serve as an authorized inspector for ICCAT, and 
who possesses an identification card so stating. A list of such 
contracting parties may be obtained from the Director.


Sec. 630.52  Vessels subject to inspection.

    (a) All U.S. fishing vessels, or vessels carrying regulated 
species, and their catch, gear, and records are subject to inspection 
under this subpart by an authorized officer when landing or 
transshipping regulated species or when making a port call at a port of 
any ICCAT contracting party that has accepted the port inspection 
scheme.
    (b) All tuna vessels, or vessels carrying tuna, that are registered 
by any of the ICCAT contracting parties that have accepted the port 
inspection scheme, and their catch, gear and records are subject to 
inspection under this subpart when landing or transshipping tuna or 
when making a port call in the United States.
    (c) A vessel entering a port because of force majeure shall be 
exempt from inspection by an authorized officer of any of the ICCAT 
contracting parties that have accepted the port inspection scheme.


Sec. 630.53  Reports.

    (a) Inspections must be reported on a standardized ICCAT form and 
signed by the authorized officer. The master is entitled to add or have 
added to the report any observation that the master thinks suitable. If 
the master adds information to the report, he/she also must sign the 
report. The authorized officer will note in the vessel's log that the 
inspection has been made. A copy of the report will be given to the 
vessel master and a copy sent to the authorized officer's national 
authority.
    (b) The master must allow the authorized officer to examine any 
portion of the catch and gear and provide any relevant documents as the 
authorized officer deems necessary to verify compliance with the 
regulations in this part.

Subpart E--Enforcement


Sec. 630.70  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter--
    (a) It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to do any of the following:
    (1) 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, retained, possessed, or landed contrary to this part, without 
regard to the citizenship of the person or registry of the fishing 
vessel that harvested the fish.
    (ii) Any regulated species that was harvested, retained, or 
possessed in a manner contrary to the regulations of another country.
    (2) Import from any country any regulated species in any form 
subject to regulation under a recommendation of ICCAT, or any fish in 
any form not under regulation but under investigation by ICCAT, during 
the period such fish have been denied entry under this part.
    (3) Interfere with, delay, or prevent by any means, the 
apprehension of another person, knowing that such person has committed 
any act prohibited by this part.
    (4) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act or the ATCA.
    (5) Falsify information required on an application for a permit 
submitted under Sec. 630.4.
    (6) Fish for, catch, possess, retain, or land Atlantic tunas, 
swordfish, or shark without a valid permit required under Sec. 630.4(a) 
and carried on board the vessel, unless specifically exempted.
    (7) Engage in fishing with a vessel issued a permit under 
Sec. 630.4(a)(1), 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 Atlantic bluefin tuna under control (secured to the 
catching vessel or on board) with no assistance from other vessels, 
except in circumstances where the safety of the vessel or its crew is 
jeopardized or due to other circumstances beyond the control of the 
operator.
    (8) Fish for, catch, possess, or retain any Atlantic bluefin tuna 
less than the large medium size class from a vessel other than one 
issued a permit for the Angling, General, or Charter/Headboat 
categories under Sec. 630.4(a)(2)(i), or a permit for the Purse Seine 
category under Sec. 630.4(a)(2)(i) as authorized under 
Sec. 630.26(a)(2).
    (9) Fish for or catch any Atlantic tuna with gear that is not 
authorized under Sec. 630.4(a)(1)(ii) or Sec. 630.21(b), or to retain 
or land Atlantic tunas taken with unauthorized gear.

[[Page 57380]]

    (10) Possess any Atlantic tuna aboard a vessel subject to the 
jurisdiction of the United States that has gear on board that is not 
authorized under Sec. 630.4(a)(1)(ii) or Sec. 630.21(b), unless 
authorized under Sec. 630.31.
    (11) Sell, offer for sale, or transfer any Atlantic bluefin tuna to 
any person or vessel other than to a person or vessel with a dealer 
permit issued under Sec. 630.4(a)(2).
    (12) Purchase, receive, or transfer Atlantic bluefin tuna from any 
person or vessel without a valid dealer permit issued under 
Sec. 630.4(a)(2).
    (13) Purchase, receive, or transfer any Atlantic bluefin tuna at 
sea from a person or vessel engaged in fishing for such tuna without a 
valid dealer permit for buy-boat operations issued under 
Sec. 630.4(a)(2)(iii), unless between purse seine vessels for which 
permits have been issued under Sec. 630.4(a)(2) as authorized under 
Sec. 630.22(e).
    (14) Sell, offer for sale, or transfer for commercial purposes any 
Atlantic tunas landed by owners or operators of a vessel for which a 
permit has not been issued under Sec. 630.4(a)(2) or to any person or 
vessel without a valid Atlantic Tunas dealer permit issued under 
Sec. 630.4(b).
    (15) Purchase, receive, or transfer for commercial purposes any 
Atlantic tunas landed by owners or operators of vessels for which a 
permit has not been issued under Sec. 630.4(a)(2), or purchase, 
receive, or transfer for commercial purposes any Atlantic tunas without 
a valid Atlantic Tunas dealer permit issued under Sec. 630.4(b).
    (16) Fish for, catch, possess, retain, or land Atlantic swordfish 
without a valid permit on board a vessel when such permit is required 
under Sec. 630.4(a)(3).
    (17) Purchase, sell, barter, or trade or attempt to purchase, sell, 
barter, or trade a swordfish taken by a vessel for which a permit has 
not been issued under Sec. 630.4(a)(3) and as specified in 
Sec. 630.23(b)(3).
    (18) Sell, barter, or trade or attempt to sell, barter, or trade a 
swordfish to a dealer who does not have an annual swordfish dealer 
permit issued under Sec. 630.4(b).
    (19) As a dealer, purchase, barter, or trade or attempt to 
purchase, barter, or trade a swordfish without a dealer permit issued 
under Sec. 630.4(b) and as specified in Sec. 630.23(b)(3).
    (20) Purchase, trade, or barter, or attempt to purchase, trade, or 
barter, a shark from the management unit without an Atlantic sharks 
dealer permit issued under Sec. 630.4(b).
    (21) Fail to display a permit, as required by Sec. 630.4(g).
    (22) Falsify or fail to provide information required to be 
maintained, submitted, or reported, as specified in this part.
    (23) Refuse to provide information requested by NMFS personnel or 
anyone collecting information for NMFS, under an agreement or contract, 
relating to the scientific monitoring or management of tuna.
    (24) Assault, impede, oppose, intimidate, or interfere with, by any 
means, NMFS personnel or anyone collecting information for NMFS, under 
an agreement or contract, relating to the scientific monitoring or 
management of tuna.
    (25) Fail to make a shark available for inspection or provide data 
on catch and effort, as required by Sec. 630.5(e).
    (26) For a dealer or any person in charge of any fishing vessel 
subject to the jurisdiction of the United States to obstruct or to 
refuse to allow any authorized officer to enter the dealer's premises 
or to board the fishing vessel to search or inspect its catch, 
equipment, books, documents, records, or other articles, or to question 
the persons in the dealer's premises or aboard the fishing vessel under 
the provisions of this part.
    (27) Refuse to allow an authorized officer to make inspections for 
the purpose of checking any records relating to the catching, 
harvesting, landing, purchase, or sale of any Atlantic tuna required by 
this part.
    (28) Make any false statement, oral or written, to an authorized 
officer concerning the catching, harvesting, landing, purchase, sale, 
or transfer of any Atlantic tuna.
    (29) Refuse to permit access of NMFS personnel to inspect any 
records relating to, or area of custody of, any Atlantic tuna.
    (30) Falsify or fail to display and maintain vessel markings, as 
specified in Sec. 630.6.
    (31) Fail to embark an observer on a trip when selected, as 
specified in Sec. 630.7.
    (32) Falsify or fail to provide requested information regarding a 
vessel's trip, pursuant to any selection letter issued under 
Sec. 630.7(a)(2) or as specified in Sec. 630.7(b)(2).
    (33) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with a NMFS-approved observer aboard a vessel.
    (34) Interfere with or bar by command, impediment, threat, 
coercion, or refusal of reasonable assistance, an at-sea observer 
conducting his or her duties aboard a vessel.
    (35) Fail to provide an observer with the required food, 
accommodations, access, and assistance, as specified in Sec. 630.7(c).
    (36) Fish for, catch, possess, or land Atlantic bluefin tuna after 
fishing has been closed or before fishing has commenced under 
Sec. 630.20(a), except under the provisions of Sec. 630.30.
    (37) Use or possess handline or harpoon flotation gear that is not 
marked in accordance with Sec. 630.21(a), or that is marked with the 
Atlantic bluefin tuna permit number of another vessel.
    (38) Fish for Atlantic swordfish or sharks with a drift gillnet 
that is 2.5 km or more in length or possess a swordfish on board a 
vessel possessing such drift gillnet, as specified in Sec. 630.21(c).
    (39) Possess or retain a billfish by a vessel with a pelagic 
longline or drift gillnet on board or harvested by gear other than rod 
and reel, as specified in Sec. 630.21(d).
    (40) Fish for or catch Atlantic bluefin tuna in a directed fishery 
with nets other than those specified in Sec. 630.22.
    (41) Begin fishing for or offloading from any purse seine vessel to 
which a permit has been issued under Sec. 630.4(a)(2) any Atlantic tuna 
without first requesting an inspection of the vessel in accordance with 
Sec. 630.22(b).
    (42) Fish for, catch, possess, or land Atlantic bluefin tuna in 
excess of any allocation obtained under Sec. 630.22(c).
    (43) Fish for or catch Atlantic bluefin tuna in a directed fishery 
with purse seine nets without an allocation obtained under 
Sec. 630.22(c).
    (44) Fish for or catch Atlantic tunas in a directed fishery with 
purse seine nets if without any remaining bluefin tuna allocation 
obtained under Sec. 630.22(c).
    (45) For any vessel other than a vessel holding a purse seine 
permit issued under Sec. 630.4(a)(2), to approach to within 100 yd 
(91.5 m) of the cork line of any purse seine net used by any vessel 
fishing for Atlantic tunas, or for any such purse seine vessel to 
approach to within 100 yd (91.5 m) of any vessel, other than a purse 
seine vessel, actively fishing for Atlantic tunas.
    (46) Sell, offer for sale, purchase, receive for a commercial 
purpose, trade, or barter, or if a seafood dealer or processor for 
which a permit is required under Sec. 630.4(b), retain or possess, any 
Atlantic bluefin tuna other than a large medium or giant, except with 
documentation as specified in Sec. 630.23(c)(2).
    (47) Transfer a swordfish at sea from or to a fishing vessel, as 
specified in Sec. 630.23(a).
    (48) Sell, purchase, trade, or barter, or attempt to sell, 
purchase, trade, or barter

[[Page 57381]]

a swordfish harvested in the recreational fishery, as specified in 
Sec. 630.23(c)(1).
    (49) Purchase, barter, trade, sell, or offer for sale a billfish 
harvested from its management unit, as specified in Sec. 630.23(c)(3).
    (50) As a dealer or seafood processor, possess a billfish or 
related species without the documentation specified in 
Sec. 630.23(c)(3)(ii), or with incomplete or falsified documentation.
    (51) Sell, trade, or barter or attempt to sell, trade, or barter a 
shark from the management unit, except as an owner or operator of a 
vessel with a permit, as specified in Sec. 630.23(c)(1).
    (52) Purchase, trade, or barter, or attempt to purchase, trade or 
barter, shark meat or fins from the management unit from an owner or 
operator of a vessel that does not possess a vessel permit, as 
specified in Sec. 630.23(c)(1); or sell, trade, or barter, or attempt 
to sell, trade, or barter, a shark from the management unit, except to 
a dealer issued a permit under Sec. 630.4(b) as specified in 
Sec. 630.23(c)(1).
    (53) Sell, purchase, trade, or barter, or attempt to sell, 
purchase, trade, or barter, shark fins that are disproportionate to the 
weight of carcasses landed, as specified in Sec. 630.23(c)(4)(i).
    (54) Reuse any tail tag previously affixed to an Atlantic bluefin 
tuna under Sec. 630.24 or reuse any tail tag number previously written 
on a shipping package or container as prescribed by that section.
    (55) Remove any tag affixed to an Atlantic bluefin tuna under 
Sec. 630.24(c)(1) or Sec. 630.42(a)(6)(v), before removal is allowed 
under Sec. 630.24(d), or fail to write the tag number on the shipping 
package or container as prescribed by that section.
    (56) Fail to inspect any vessel's permit or fail to affix 
immediately to any large medium or giant Atlantic bluefin tuna, between 
the fifth dorsal finlet and the keel, an individually numbered tail tag 
when the tuna has been received for a commercial purpose or purchased 
by that dealer from any person or vessel having caught such tuna.
    (57) Fish for, catch, land, retain, or possess Atlantic yellowfin 
or bigeye tuna below the minimum size specified in Sec. 630.25(b).
    (58) Land a swordfish smaller than the minimum size specified in 
Sec. 630.25(c).
    (59) Possess a billfish less than the minimum size limit specified 
in Sec. 630.25(d).
    (60) Fail to release a billfish in the manner specified in 
Sec. 630.30(c).
    (61) Possess a billfish with its head, fins, or bill removed 
shoreward of the outer boundary of the EEZ or through landing, as 
specified in Sec. 630.25(b)(4).
    (62) Retain or land Atlantic bluefin tuna in excess of the 
incidental catch provisions under Sec. 630.26(a).
    (63) Fish for, catch, retain or possess, Atlantic bluefin tuna with 
longline gear, or while having longline gear on board, if the vessel is 
permitted in any category other than the Longline category under 
Sec. 630.4(a)(2)(i).
    (64) Fail to release immediately with a minimum of injury any 
Atlantic bluefin tuna, yellowfin tuna, or bigeye tuna that will not be 
retained.
    (65) Fish for, catch, retain, possess or land Atlantic bluefin tuna 
with longline gear except as provided in Sec. 630.26(a)(1).
    (66) Possess or land a swordfish in other than whole or dressed 
form, as specified in Sec. 630.23(b)(3).
    (67) Land or possess on any trip Atlantic swordfish or sharks in 
excess the vessel trip limits specified in Sec. 630.27 (a) and (b).
    (68) Remove the fins from a shark and discard the remainder, as 
specified in Sec. 630.27(b)(2).
    (69) Possess shark fins, carcasses, or parts, on board or offload 
shark fins from a fishing vessel, except as specified in 
Sec. 630.27(b), or possess shark carcasses or parts on board, or 
offload shark fins, carcasses, or parts, from a vessel, except as 
specified in Sec. 630.27(b)(2)(ii).
    (70) Fail to release a shark in the manner specified in 
Sec. 630.30(d).
    (71) Fish for, catch, possess or retain Atlantic bluefin tuna in 
excess of the quotas specified in Sec. 630.28(a), except that fish may 
be caught and released under the provisions of Sec. 630.30.
    (72) Fish for or catch school, large school, or small medium 
Atlantic bluefin tuna with gear other than hook and line that is held 
by hand or rod and reel made for this purpose, or to possess such fish 
taken with unauthorized gear.
    (73) Sell, trade, or barter or attempt to sell, trade, or barter a 
shark harvested in the EEZ, except as an owner or operator of a vessel 
with a permit, as specified in Sec. 630.23(c)(1).
    (74) During a closure of the drift gillnet or longline and harpoon 
fishery under Sec. 630.28(e)(2)(i), aboard a vessel using or having on 
board the specified gear, fish for swordfish, or possess or land 
swordfish in excess of the bycatch limits, as specified in 
Sec. 630.26(b)(1).
    (75) Aboard a vessel using or having on board gear other than drift 
gillnet, longline, or harpoon, fish for swordfish, or possess or land 
swordfish in excess of the bycatch limit, as specified in 
Sec. 630.26(b)(2).
    (76) During a closure of the bycatch fishery under 
Sec. 630.28(e)(2)(ii), fish for, possess, or land swordfish, as 
specified in Sec. 630.28(e)(3).
    (77) During a closure for a shark species group, as specified in 
Sec. 630.28(e)(3)--
    (i) Retain sharks of that species group in excess of the vessel 
trip limit, as specified in Sec. 630.28(e)(3)(ii)(A).
    (ii) Sell, purchase, trade, barter, or attempt to sell, purchase, 
trade, or barter a shark carcass or fin of the closed species group, as 
specified in Sec. 630.28(e)(3)(ii)(B).
    (78) Fish for, catch, or possess or retain Atlantic bluefin tuna in 
excess of the catch limits specified in Sec. 630.29(a), or to possess 
or retain large medium or giant Atlantic bluefin tuna on designated 
restricted fishing days, except that fish may be caught and released 
under the provisions of Sec. 630.30.
    (79) Sell, offer for sale, or transfer to any person for a 
commercial purpose any large medium or giant Atlantic bluefin tuna 
caught with rod and reel gear under Sec. 630.29(a) (4) or (5).
    (80) Fish for, catch, possess, or retain Atlantic bluefin tuna from 
the Gulf of Mexico except as specified under Sec. 630.26(a)(1)(i) for 
incidental take by longlines, or if taken incidental to recreational 
fishing for other species and retained in accordance with 
Sec. 630.29(a)(4)(v) or Sec. 630.29(a)(5)(v).
    (81) Retain young school Atlantic bluefin tuna for any purpose.
    (82) Fail to cease fishing and return to port once the catch limit 
for large medium and giant bluefin tuna is retained or possessed on 
board vessels for which a General, Angling, or Charter/Headboat 
category permit has been issued under Sec. 630.4(a)(2).
    (83) Exceed the catch limits for sharks, as specified in 
Sec. 630.29(b)(1) through (3).
    (84) Operate a vessel with a shark on board in excess of the catch 
limits, as specified in Sec. 630.29(b)(4).
    (85) Retain any Atlantic bluefin tuna caught under the tag and 
release program allowed under Sec. 630.30.
    (86) Fish for, catch, possess or retain Atlantic bluefin tuna with 
a gear type or in a manner other than specified in Secs. 630.4(a), 
630.28(a), 630.26(a), 630.29(a), and 630.22, or other than authorized 
under an experimental fishing exemption issued pursuant to the 
requirements of Sec. 630.32.
    (87) Violate any conditions specified by the Director in any 
exemption issued under Sec. 630.32.

[[Page 57382]]

    (88) Import or attempt to import any bluefin tuna into the United 
States without an accompanying original form of an approved BSD 
correctly completed with the appropriate certification and government 
validation.
    (89) Import any bluefin tuna into the United States from a country 
that requires all such tuna to be tagged, without said tag accompanying 
the bluefin tuna.
    (90) Remove a tag from any bluefin tuna imported into the United 
States accompanied by a tag, prior to its being cut into portions for a 
destination in the United States or for export.
    (91) Fail to write legibly and indelibly the tag number and the 
issuing country on the outside of any package containing a part or 
parts of a bluefin tuna that was imported into the United States 
accompanied by said tag.
    (92) Write false information on or modify any information 
previously written on any BSD required by this part or to validate such 
document, if not authorized to do so by the Regional Director.
    (93) Reuse, or transfer to another dealer, any numbered BSD issued 
to a dealer under this part.
    (94) Fail to provide in a timely manner any originals or copies of 
BSDs required to be submitted to the Regional Director pursuant to 
Sec. 630.41.
    (95) Fail to maintain copies of completed BSDs as required under 
Sec. 630.41.
    (96) Export or re-export from the United States any bluefin tuna 
without an accompanying original approved BSD correctly completed with 
the appropriate certification and, if applicable, validated by a 
designated official of the U.S. Government or an official of an 
institution authorized by the Regional Director pursuant to 
Sec. 630.43(c) to validate such documents.
    (97) Import any bluefin tuna in a manner inconsistent with any 
ports of entry designated by NMFS pursuant to Sec. 630.44.
    (98) Land any Atlantic tuna in forms other than round or 
eviscerated with the head and fins removed, except that one pectoral 
fin and the tail must remain attached.
    (99) Fail to file reports or follow procedures required by this 
section, tamper with or remove an official seal, or alter a fishing 
vessel's log by any person or fishing vessel subject to the 
jurisdiction of the United States within the meaning of Sec. 630.7.
    (100) Fail to comply with the conditions or requirements specified 
in any letter of authorization issued in accordance with Sec. 630.32.
    (b) It is unlawful for any person subject to the jurisdiction of 
the United States to violate any other provision of this part, the 
ATCA, the Magnuson Act, or any other rules promulgated under the ATCA 
or the Magnuson Act.


Sec. 630.71  Facilitation of enforcement.

    See Sec. 600.730 of this chapter.


Sec. 630.72  Penalties.

    (a) General. See Sec. 600.735 of this chapter.
    (b) Civil procedures for Atlantic tunas. In addition to the 
provisions of 15 CFR part 904--
    (1) Because of the perishable nature of tuna when not processed 
otherwise than by chilling or freezing, authorized officers may cause 
to be sold, for not less than its reasonable market value, unchilled or 
unfrozen tunas that may be seized and forfeited under the ATCA and this 
part.
    (2) The proceeds of any sale made under paragraph (b)(1) of this 
section must be remitted to the Regional Director. The Regional 
Director will deposit and retain the proceeds in the Suspense Account 
of NMFS, after deducting the reasonable cost of the sale, if any, 
pending judgement of the court or other disposition of the case.

[FR Doc. 96-28252 Filed 10-31-96; 10:19 am]
BILLING CODE 3510-22-P