[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37700-37705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17597]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 981216308-9180-03; I.D. 052699A]
RIN 0648-AJ67


Atlantic Highly Migratory Species (HMS) Fisheries; Regulatory 
Adjustments

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

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: NMFS is amending the final consolidated regulations governing 
the Atlantic HMS fisheries to clarify the applicability of recreational 
retention limits to persons aboard charter/headboat vessels; to set 
Atlantic bluefin tuna (BFT) quotas for the period beginning January 1, 
1999, and ending May 31, 1999; to clarify the requirements for 
embarking observers aboard shark gillnet vessels; to reestablish 
certain enforcement provisions inadvertently edited from the 
consolidated HMS regulations; to clarify transfer provisions for 
limited access

[[Page 37701]]

permits; to correct the baseline reference point for limited access 
fishery vessel upgrades; to clarify references to the management unit 
and jurisdictional areas for species under regulation by the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT); to correct the effective dates of the restriction on length of 
pelagic longlines; to correct cross references; and to remove the 
interim provisions that were not intended to remain in effect beyond 
June 30, 1999.

DATES: Effective July 1, 1999, except that Sec. 635.69(h) will be 
effective September 1, 1999.

FOR FURTHER INFORMATION CONTACT: Chris Rogers at 301-713-2347, FAX: 
301-713-1917.

SUPPLEMENTARY INFORMATION: On May 28, 1999, NMFS published a final rule 
(64 FR 29090) that implemented the Atlantic Tunas, Swordfish, and 
Sharks Fishery Management Plan (HMS FMP), and an Amendment to the 
Atlantic Billfish FMP and that consolidated regulations for Atlantic 
HMS into one CFR part. The final consolidated rule inadvertently 
omitted certain provisions of the final HMS FMP and/or previously 
issued regulations and contained regulatory text that, in some 
instances, was not consistent with the final HMS FMP. In addition, 
because the final rule was not to be effective until July 1, 1999, 
certain interim provisions that pertained to fishing activities 
occurring in June were made effective on May 24, 1999. However, the 
amendatory instructions did not indicate that the effectiveness of the 
interim provisions would lapse as of the effective date of the 
remainder of the final rule because these provisions duplicate 
regulatory text that appears elsewhere in 50 CFR part 635. Finally, a 
supplement to the proposed rule to implement the HMS FMP (64 FR 9298, 
February 25, 1999) proposed, among other things, BFT quotas for the 
proposed new fishing year to begin on June 1, 1999, and, as a 
consequence, BFT quotas for the transition period of January 1, 1999, 
through May 31, 1999. The final consolidated HMS regulations 
implemented the new fishing year, and final quota specifications were 
issued in a separate document (64 FR 29806, June 3, 1999). The quotas 
for the transition period were inadvertently omitted from the final 
specifications notice. All these items are rectified by this technical 
amendment.

Shark Gillnet Observers

    Under the terms of the biological opinion issued as a result of an 
Endangered Species Act, section 7, consultation on the HMS FMP, NMFS 
required that all shark gillnet vessels carry an observer on all trips 
in the southeast during the season when right whales are present.
    It was intended that the mandatory observer requirement apply only 
to vessels in the directed shark fishery and not to vessels taking 
sharks under an incidental catch limited access permit or under the 
recreational retention limit. The regulatory text was drafted such that 
the observer requirement was broader than that intended. This technical 
amendment revises the regulatory text to clarify that observers are 
required to be embarked on all trips of gillet vessels issued directed 
shark limited access permits.

Jurisdictional Issues

    Regulations managing the Atlantic shark fishery are issued under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and as such are generally 
applicable with respect to the U.S. exclusive economic zone (EEZ). As 
some Atlantic sharks in the management unit are harvested from waters 
under state jurisdiction and by vessels that fish exclusively in state 
waters, certain of the Federal regulations may not apply to all vessels 
or to all cases of transfer of sharks to a dealer. Specifically, 
federally permitted dealers may purchase regulated sharks from non-
federally permitted vessels that fish for sharks exclusively in waters 
under state jurisdiction but may not purchase sharks from federally 
permitted vessels after a closure of any specific management group even 
if those sharks were taken shoreward of the EEZ.
    Regulations governing the management of Atlantic billfish are 
issued under the authority of the Magnuson-Stevens Act and, if 
implementing a recommendation of ICCAT, also under the authority of the 
Atlantic Tunas Convention Act (ATCA). As such, billfish regulations, 
generally applicable in the U.S. exclusive economic zone (EEZ), may 
apply throughout all waters of the convention area or for a particular 
stock management unit, as defined by ICCAT. As regulated billfish may 
be harvested from waters under state, U.S. EEZ, or high seas 
jurisdictions, or by persons or vessels subject to U.S. jurisdiction 
within the EEZ of another nation bordering the convention area, certain 
Federal regulations may apply in all areas, depending on the ICCAT 
recommendation and the species.
    In consolidating the HMS regulations under 50 CFR part 635, certain 
specific references to these jurisdictional issues for sharks and 
billfish were inadvertently omitted or stated incorrectly. This 
technical amendment clarifies these
    jurisdictional issues and the applicability of Federal regulations 
for the different species within the U.S. EEZ and the U.S. territorial 
sea, or on the high seas, or within the EEZ of another nation.

Facilitation of Enforcement

    In consolidating the HMS regulations into one CFR part, certain 
provisions were inadvertently omitted or drafting errors occurred which 
limit NMFS' ability to enforce the regulations. Specifically, omitted 
language in the prohibitions on attempting to purchase, sell, trade, or 
barter HMS contrary to the regulations elsewhere in 50 CFR part 635 is 
necessary to facilitate enforcement. Also, reports of BFT landed under 
the Angling category quota must be made through NMFS' automated catch 
reporting system. A drafting error in the final rule omitted the 24-
hour time limit for such catch reporting. To facilitate enforcement, 
this technical amendment reestablishes the 24-hour requirement. 
Additionally, a provision for access to position data was inadvertently 
omitted from the regulations on vessel monitoring systems. For 
enforcement purposes, NMFS must have unrestricted access to vessel 
position information. Because VMS units transmit from the vessel to 
NMFS through a communications service provider that is a third party, 
access to the data could be at issue. This technical amendment adds the 
omitted regulatory text and corrects the drafting errors.

Transferability of Tuna Permits

    The final consolidated HMS regulations limit transferability of 
tuna permits to those limited access permits issued to purse seine 
vessels. As stated in the HMS FMP, however, the limited access program 
for the Atlantic swordfish and shark fisheries required that limited 
access also be implemented in the tuna longline fishery so that 
regulatory discards of swordfish and sharks would not increase in an 
expanding tuna longline fishery. Further, because the final regulations 
introduced a limited access system for Atlantic Tunas Longline category 
permits, and the transfer provisions of the swordfish/shark LAPs 
require that an Atlantic tunas permit also be obtained, it is necessary 
to allow the limited access Longline category permits to be transferred 
from current owners rather than issued on an open-

[[Page 37702]]

access basis by NMFS. This Technical amendment corrects the drafting 
error to make limited access Atlantic Tunas Longline category permits 
transferable.

Vessel Upgrade Baseline

    As limited access permits for shark, swordfish, and tuna longline 
vessels were issued based on historical records, certain qualifying 
vessels were no longer owned by current fishery participants but had 
been replaced with the intent to retain the qualifying catch history. 
The HMS FMP established the baseline for limited access vessel upgrades 
as of the date of publication of the final rule (May 28, 1999). 
Accordingly, this technical amendment clarifies the regulatory text to 
establish the baseline for upgrade of vessel parameters (length, 
tonnage, horsepower) to coincide with the vessel owned as of May 28, 
1999, in such cases that the limited access qualifying vessel had 
already been replaced.

Retention Limits for Charter/Headboats

    NMFS recognizes that certain vessels operating as charter vessels 
and headboats by taking anglers fishing for HMS on a fee basis may, on 
occasion, sell fish taken by those anglers. Additionally, some of these 
vessels may, when not operating as a charter/headboat, directly engage 
in commercial fishing operations. As the retention limits applicable to 
the recreational fisheries for HMS do not generally apply to persons 
aboard permitted commercial fishing vessels, it is necessary to clarify 
the circumstances under which persons aboard a charter/headboat vessel 
are subject to the recreational retention limits.
    For BFT, the consolidated regulations at 50 CFR part 635 allow 
persons aboard a vessel issued an Atlantic tunas permit in the Charter/
Headboat category to land BFT either against the Angling category quota 
or against the General category quota subject to the applicable size 
limits, daily catch limits, restricted fishing days and closures. The 
designation of category is determined by the size of the first BFT 
retained. Such designation is practical for BFT because the quota 
categories are related to size limits.
    A similar designation is not possible for yellowfin tuna (YFT) 
because all fish above the 27-inch minimum size limit may be landed in 
either the commercial or recreational fisheries. While the HMS FMP and 
compliance guide clearly indicated NMFS' intent that the daily catch 
limit of three YFT per person per day would apply to persons aboard 
vessels permitted in the Atlantic Tunas Charter/Headboat category, the 
consolidated regulations at 50 CFR part 635 are not clear. Although the 
regulations at Sec. 635.22(a) indicate that the YFT retention limit 
applies to all persons aboard vessels in the recreational fishery, that 
same section states that the limit does not apply aboard vessels issued 
a commercial permit. Under Sec. 635.4, the Atlantic Tunas Charter/
Headboat category permit is classified as a commercial permit, and fish 
landed by persons aboard such vessels may be sold to permitted dealers.
    The technical amendment revises the regulatory text to clarify that 
the YFT retention limit applies to persons aboard charter/headboat 
vessels. While such YFT may be sold to permitted dealers, the number of 
fish landed cannot exceed three times the number of persons aboard, 
including captain and crew.

Transition Period BFT Quota

    In specifying the 1999 BFT allocations, NMFS considered carryover 
adjustments from the 1998 fishing year, new provisions for the discard 
allowance and limitations on school BFT catch, and additional 
adjustments to accommodate the establishment of the new fishing year 
proposed to begin on June 1, 1999. NMFS proposed to allocate BFT quota 
for the transition period (January 1, 1999, through May 31, 1999) based 
on underharvest in 1998. At the end of 1998, the following subquotas 
had not been harvested: 1 metric ton (mt) in the General category, 2 mt 
in the Purse Seine category, 67 mt in the Angling category, and 26 mt 
in the Incidental (Longline) category. Additionally, 15 mt remained in 
the Reserve category.
    NMFS proposed to use the 1998 underharvest from the Angling and 
Incidental categories for the transition period, a time period in which 
only the Angling and Longline fishing categories would be active. Based 
on public comment, NMFS had determined that no changes to the proposed 
transition period BFT quota specifications were necessary. However, the 
final BFT quota specifications published on June 3, 1999 (64 FR 29806) 
inadvertently omitted the transition period to the new fishing year 
beginning June 1, 1999. NMFS, therefore, issues final BFT quota 
specifications for the transition period of January 1, 1999, through 
May 31, 1999 in this technical amendment to the final rule.
    Consistent with the proposed transition period BFT quota 
specifications, NMFS subdivides the Angling category transition period 
quota of 79 mt as follows: Large school/small medium bluefin--75 mt, 
with 16 mt to the northern area and 59 mt to the southern area; and 
large medium/giant bluefin--4 mt, allocated entirely to the southern 
area given the distribution of large BFT during the period. NMFS also 
subdivides the Longline category transition period quota of 26 mt as 
follows: 1 mt to longline vessels operating north of 34 deg. N. lat. 
and 25 mt to longline vessels operating south of 34 deg. N. lat. During 
the transition period, no BFT quota is allocated to other fishing 
categories.

Longline Operations

    In the final consolidated HMS regulations, the period during which 
pelagic longlines deployed in the Mid-Atlantic Bight are limited to 24 
nautical miles was misspecified. The corrected regulatory text limits 
the length of longlines for the period beginning August 1, 1999, and 
ending November 30, 2000. Additionally, the prohibition at Sec. 635.71 
(a)(18) regarding movement of longline gear after an entanglement with 
a protected species is corrected to cross reference paragraph 
Sec. 635.21(c)(3).

Classification

    The Assistant Administrator for Fisheries, under 5 U.S.C. 
553(b)(B), finds that providing prior notice and opportunity for public 
comment on this rule is unnecessary and contrary to the public 
interest. The rule merely corrects an earlier rule by clarifying 
regulatory text inconsistent with the final HMS FMP, correcting 
drafting errors, and reestablishing regulatory provisions that were 
intended to remain in effect but were inadvertently omitted during the 
consolidation. These corrections and clarifications are necessary to 
avoid adverse impacts on fishery participants that would result from 
inconsistent interpretations of the regulations relative to the HMS FMP 
and/or the inability of NMFS to enforce regulations due to lack of 
clarity. For similar reasons, the Assistant Administrator for 
Fisheries, under 5 U.S.C. 553(d)(3), finds that delaying the effective 
date of this rule for 30 days is unnecessary and contrary to the public 
interest.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 USC 601 et 
seq., are inapplicable. This rule is exempt from review under E.O. 
12866.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and

[[Page 37703]]

recordkeeping requirements, Statistics, Treaties.

    Dated: July 6, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries,
    National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 635, is 
amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

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

    2. In Sec. 635.4, paragraphs (d)(4), (f)(4), (l) and (m) are 
revised to read as follows:


Sec. 635.4  Permits and fees.

* * * * *
    (d) * * *
    (4) A person can obtain an Atlantic Tunas Longline category permit 
for a vessel only if the vessel has been issued both a limited access 
permit for shark and a limited access permit for swordfish. NMFS will 
issue Atlantic Tunas Longline category permits to qualifying vessels in 
calendar year 1999. Thereafter, such permits may be obtained through 
transfer from current owners consistent with the provisions under 
paragraph (l)(2) of this section.
* * * * *
    (f) * * *
    (4) Unless the owner has been issued a swordfish handgear permit, a 
limited access permit for swordfish is valid only when the vessel has 
on board a valid limited access permit for shark and a valid Atlantic 
Tunas Longline category permit issued for such vessel.
* * * * *
    (l) Transfer--(1) General. A permit issued under this section is 
not transferable or assignable to another vessel or owner or dealer; it 
is valid only for the vessel or owner or dealer to whom it is issued. 
If a person acquires a vessel or dealership and wants to conduct 
activities for which a permit is required, that person must apply for a 
permit in accordance with the provisions of paragraph (h) of this 
section or, if the acquired vessel is permitted in either the shark, 
swordfish or tuna longline fishery, in accordance with paragraph (l)(2) 
of this section. If the acquired vessel or dealership is currently 
permitted, an application must be accompanied by the original permit 
and by a copy of a signed bill of sale or equivalent acquisition 
papers.
    (2) Shark, swordfish, and tuna longline LAPs. (i) Subject to the 
restrictions on upgrading the harvesting capacity of permitted vessels 
in paragraph (l)(2)(ii) of this section and to the limitations on 
ownership of permitted vessels in paragraph (l)(2)(iii) of this 
section, an owner may transfer a shark or swordfish ILAP or LAP or an 
Atlantic Tunas Longline category permit to another vessel that he or 
she owns or to another person. Directed handgear ILAPs and LAPs for 
swordfish may be transferred to another vessel but only for use with 
handgear and subject to the upgrading restrictions in paragraph 
(l)(2)(ii) of this section and the limitations on ownership of 
permitted vessels in paragraph (l)(2)(iii) of this section. Incidental 
catch ILAPs and LAPs are not subject to the requirements specified in 
paragraphs (l)(2)(ii) and (l)(2)(iii) of this section.
    (ii) An owner may upgrade a vessel with a shark, swordfish, or tuna 
longline limited access permit, or transfer the limited access permit 
to another vessel, and be eligible to retain or renew a limited access 
permit only if the upgrade or transfer does not result in an increase 
in horsepower of more than 20 percent or an increase of more than 10 
percent in length overall, gross registered tonnage, or net tonnage 
from the vessel baseline specifications.
    (A) The vessel baseline specifications are the respective
    specifications (length overall, gross registered tonnage, net 
tonnage, horsepower) of the first vessel that was issued an initial 
limited access permit or, if applicable, of that vessel's replacement 
owned as of May 28, 1999.
    (B) The vessel's horsepower may be increased only once subsequent 
to the issuance of a limited access permit, whether through refitting, 
replacement, or transfer. Such an increase may not exceed 20 percent of 
the horsepower of the vessel's baseline specifications, as applicable.
    (C) The vessel's length overall, gross registered tonnage, and net 
tonnage may be increased only once subsequent to the issuance of a 
limited access permit, whether through refitting, replacement, or 
transfer. Any increase in any of these three specifications of vessel 
size may not exceed 10 percent of the vessel's baseline specifications, 
as applicable. If any of these three specifications is increased, any 
increase in the other two must be performed at the same time. This type 
of upgrade may be done separately from an engine horsepower upgrade.
    (iii) No person or entity may own or control more than 5 percent of 
the vessels for which swordfish directed, shark directed or tuna 
longline limited access permits have been issued.
    (iv) In order to transfer a swordfish, shark or tuna longline 
limited access permit to a replacement vessel, the owner of the vessel 
issued the limited access permit must submit a request to NMFS, at an 
address designated by NMFS, to transfer the limited access permit to 
another vessel, subject to requirements specified in paragraph 
(l)(2)(ii) of this section, if applicable. The owner must return the 
current valid limited access permit to NMFS with a complete application 
for a limited access permit, as specified in paragraph (h) of this 
section, for the replacement vessel. Copies of both vessels' U.S. Coast 
Guard documentation or state registration must accompany the 
application.
    (v) For swordfish, shark, and tuna longline limited access permit 
transfers to a different person, the transferee must submit a request 
to NMFS, at an address designated by NMFS, to transfer the original 
limited access permit(s), subject to requirements specified in 
paragraphs (l)(2)(ii) and (l)(2)(iii) of this section, if applicable. 
The following must accompany the completed application: The original 
limited access permit(s) with signatures of both parties to the 
transaction on the back of the permit(s) and the bill of sale for the 
permit(s). A person must include copies of both vessels' U.S. Coast 
Guard documentation or state registration for limited access permit 
transfers involving vessels.
    (vi) For limited access permit transfers in conjunction with the 
sale of the permitted vessel, the transferee of the vessel and limited 
access permit(s) issued to that vessel must submit a request to NMFS, 
at an address designated by NMFS, to transfer the limited access 
permit(s), subject to requirements specified in paragraphs (l)(2)(ii) 
and (l)(2)(iii) of this section, if applicable. The following must 
accompany the completed application: The original limited access 
permit(s) with signatures of both parties to the transaction on the 
back of the permit(s), the bill of sale for the limited access 
permit(s) and the vessel, and a copy of the vessel's U.S. Coast Guard 
documentation or state registration.
    (vii) The owner of a vessel issued a limited access permit(s) who 
sells the permitted vessel but retains the limited access permit(s) 
must notify NMFS within 30 days after the sale of the change in 
application information in accordance with paragraph (i) of this 
section. If the owner wishes to transfer the limited access permit(s) 
to a replacement vessel, he/she must apply

[[Page 37704]]

according to the procedures in paragraph (l)(2)(iv) of this section.
    (viii) As specified in paragraph (f)(4) of this section, a directed 
or incidental ILAP or LAP for swordfish, a directed or an incidental 
catch ILAP or LAP for shark, and an Atlantic Tunas commercial category 
permit are required to retain swordfish. Accordingly, a LAP for 
swordfish obtained by transfer without
    either a directed or incidental catch shark LAP or an Atlantic 
tunas commercial category permit will not entitle an owner or operator 
to use a vessel to fish in the swordfish fishery.
    (ix) As specified in paragraph (d)(4) of this section, a directed 
or incidental ILAP or LAP for swordfish, a directed or an incidental 
catch ILAP or LAP for shark, and an Atlantic Tunas Longline category 
permit are required to retain Atlantic tunas taken by pelagic longline 
gear. Accordingly, an Atlantic Tunas Longline category permit obtained 
by transfer without either a directed or incidental catch swordfish or 
shark LAP will not entitle an owner or operator to use the permitted 
vessel to fish in the Atlantic tunas fishery with pelagic longline 
gear.
    (m) Renewal--(1) General. Persons must apply annually for a vessel 
or dealer permit for Atlantic tunas, sharks, and swordfish, and HMS 
Charter/Headboats. Persons must apply annually for an Atlantic tunas or 
HMS Charter/headboat vessel permit. A renewal application must be 
submitted to NMFS, at an address designated by NMFS, at least 30 days 
before a permit's expiration to avoid a lapse of permitted status. NMFS 
will renew a permit provided that the specific requirements for the 
requested permit are met, including those described in Sec. 635.4 
(l)(2), all reports required under the Magnuson-Stevens Act and ATCA 
have been submitted, including those described in Sec. 635.5, and the 
applicant is not subject to a permit sanction or denial under paragraph 
(a)(6) of this section.
    (2) Shark, swordfish, and tuna longline LAPs. As of June 1, 2000, 
the owner of a vessel of the United States that fishes for, possesses, 
lands or sells shark or swordfish from the management unit, or takes or 
possesses such shark or swordfish as incidental catch or that fishes 
for Atlantic tunas with longline gear must have the applicable limited 
access permit(s) issued pursuant to the requirements in Sec. 635.4, 
paragraphs (e) and (f). However, any ILAP that expires on June 30, 
2000, is valid through that date. Only valid limited access permit 
holders in the preceding year are eligible for renewal of a limited 
access permit(s). Limited access permits that have been transferred 
according to the procedures of paragraph (l) of this section are not 
eligible for renewal by the transferor.
    3. In 635.5, the first sentence of paragraph (c) is revised to read 
as follows:


Sec. 635.5  Recordkeeping and reporting.

* * * * *
    (c) Anglers. The owner of a vessel permitted in the Atlantic tunas 
Angling or Atlantic tunas or HMS Charter/Headboat category must report 
all BFT landed under the Angling category quota to NMFS through the 
automated catch reporting system by calling 1-888-USA-TUNA within 24 
hours of the landing. * * *
* * * * *
    4. In Sec. 635.7, the last sentence of paragraph (d) is revised to 
read as follows:


Sec. 635.7  At-sea observer coverage.

* * * * *
    (d) * * * Notwithstanding the above procedures for assignment or 
waiver, at no time shall a person aboard a vessel issued a directed 
shark ILAP or LAP under Sec. 635.4 fish for Atlantic sharks with a 
gillnet or possess sharks on board a vessel issued a directed shark 
ILAP or LAP with a gillnet on board unless a NMFS-approved observer is 
aboard the vessel.
* * * * *
    5. In Sec. 635.20, the first sentence of paragraph (e)(1) and 
paragraph (e)(2) are revised to read as follows:


Sec. 635.20  Size limits.

* * * * *
    (e) Sharks. (1) No person shall take, retain, or possess in the 
Atlantic EEZ any species classified as a ridgeback LCS shark, taken 
from its management unit that is less than 54 inches (137 cm), fork 
length, or, if the head and fins have been removed, 30 inches (76 cm) 
as a straight line from the first dorsal fin ray to the precaudal pit * 
* *
    (2) All sharks landed under the recreational retention limits 
specified at Sec. 635.22(c) must have the head, tail, and fins attached 
and be at least 54 inches (137 cm), FL, except that the minimum size 
limit does not apply for Atlantic sharpnose sharks.
* * * * *
    6. In Sec. 635.21, paragraph (c)(1), the first two sentences of 
(d)(1), and paragraphs (d)(2)(ii) and (d)(3)(i) are revised to read as 
follows:


Sec. 635.21  Gear operation and deployment restrictions.

* * * * *
    (c) * * *
    (1) From August 1, 1999, through November 30, 2000, no person may 
deploy a pelagic longline that is more than 24 nautical miles (44.5 km) 
in length in the Mid-Atlantic Bight.
* * * * *
    (d) Authorized gear --(1) Atlantic tunas. A person that retains or 
possesses an Atlantic bluefin tuna may not have on board a vessel or 
use on board the vessel any gear other than that authorized for the 
category for which the Atlantic tunas or HMS permit has been issued for 
such vessel. When fishing for Atlantic tunas other than BFT, fishing 
gear authorized for any Atlantic Tunas permit category may be used, 
except that purse seine gear may be used only on board vessels 
permitted in the Purse Seine category and pelagic longline gear may be 
used only on board vessels issued an Atlantic Tunas Longline category 
tuna permit as well as ILAPs or LAPs for both swordfish and sharks. * * 
*
* * * * *
    (2) * * *
    (ii) Persons may possess or take a sailfish shoreward of the outer 
boundary of the Atlantic EEZ only if it is harvested by rod and reel. 
Regardless of how taken, persons may not possess or take a sailfish 
shoreward of the outer boundary of the Atlantic EEZ on board a vessel 
using or having on board a pelagic longline.
    (3) Sharks. (i) No person may possess a shark in the EEZ if the 
shark was taken from its management unit by any gear other than 
handgear, longline or gillnet.
* * * * *
    7. In Sec. 635.22, paragraphs (a) and (b) are revised to read as 
follows:


Sec. 635.22  Recreational retention limits.

    (a) General. Recreational retention limits apply to a longbill 
spearfish taken or possessed shoreward of the outer boundary of the 
Atlantic EEZ, to a shark taken from or possessed in the Atlantic EEZ, 
and to a yellowfin tuna taken from or possessed in the Atlantic Ocean. 
The operator of a vessel for which a retention limit applies is 
responsible for the vessel retention limit and the cumulative retention 
limit based on the number of persons aboard. Federal recreational 
retention limits may not be combined with any recreational retention 
limit applicable in state waters. The recreational retention limit for 
sharks applies to a person who fishes in any manner, except to a person 
aboard a vessel who has been issued a vessel permit under Sec. 635.4 
for Atlantic sharks. The recreational retention limit for yellowfin 
tuna applies to a person

[[Page 37705]]

who fishes in any manner, except to a person aboard a vessel who has 
been issued a vessel permit under Sec. 635.4 for Atlantic tunas in any 
category other than Angling or Charter/Headboat.
    (b) Billfish. No longbill spearfish from the management unit may be 
possessed shoreward of the outer boundary of the EEZ.
* * * * *


Sec. 635.25  [Removed on Reserved]

    8. Section 635.25 is removed and reserved.
    9. In Sec. 635.28, paragraph (b)(3) is revised to read as follows:


Sec. 635.28  Closures.

* * * * *
    (b) * * *
    (3) When the fishery for a shark species group is closed, a fishing 
vessel issued a shark ILAP or LAP pursuant to Sec. 635.4 may not 
possess or sell a shark of that species group, and a permitted shark 
dealer may not purchase or receive a shark of that species group from a 
vessel issued a shark ILAP or LAP, except that a permitted shark dealer 
or processor may possess sharks that were harvested, off-loaded, and 
sold, traded, or bartered, prior to the effective date of the closure 
and were held in storage.
* * * * *
    10. In Sec. 635.69, paragraph (h) is added to read as follows:


Sec. 635.69  Vessel monitoring systems.

* * * * *
    (h) Access. As a condition to obtaining a limited access permit for 
Atlantic swordfish, sharks or tunas, all vessel owners or operators 
using pelagic longline gear subject to the VMS provisions of this 
section must allow NMFS, the USCG, and their authorized officers and 
designees access to the vessel's position data obtained from the VMS at 
the time of or after its transmission to the vendor or receiver, as the 
case may be.
    11. In Sec. 635.71, paragraphs (a)(3), (a)(4) and (a)(18) are 
revised to read as follows:


Sec. 635.71  Prohibitions.

* * * * *
    (a) * * *
    (3) Purchase, receive, or transfer or attempt to purchase, receive, 
or transfer, for commercial purposes, any Atlantic HMS landed by owners 
of vessels not permitted to do so under Sec. 635.4, or purchase, 
receive, or transfer, or attempt to purchase, receive, or transfer, for 
commercial purposes, any Atlantic HMS without the appropriate valid 
dealer permit issued under Sec. 635.4, except that this does not apply 
to a shark harvested from a vessel that has not been issued a permit 
under this part and that fishes exclusively within the waters under the 
jurisdiction of any state.
    (4) Sell or transfer or attempt to sell or transfer an Atlantic 
tuna, shark, or swordfish other than to a dealer that has a valid 
dealer permit issued under Sec. 635.4, except that this does not apply 
to a shark harvested from a vessel that has not been issued a permit 
under this part and that fishes exclusively within the waters under the 
jurisdiction of any state.
* * * * *
    (18) Fail to retrieve fishing gear and move after an interaction 
with a marine mammal or sea turtle, as specified in Sec. 635.21(c)(3).
* * * * *
[FR Doc. 99-17597 Filed 7-8-99; 2:25 pm]
BILLING CODE 3510-22-F