[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Rules and Regulations]
[Pages 42801-42805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20435]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 000323080-1196-03; I.D. 031500A]
RIN 0648-AN97


Atlantic Highly Migratory Species (HMS); Atlantic Tunas 
Reporting, Fishery Allocations and Regulatory Adjustments

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

ACTION: Final rule.

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SUMMARY: NMFS amends the regulations governing the Atlantic HMS 
fisheries to implement mandatory dealer reporting of all purchases of 
Atlantic bigeye, albacore, yellowfin, and skipjack (BAYS) tunas: to 
adjust the north-south dividing line for the Atlantic bluefin tuna 
(BFT) Angling category subdivisions and the associated subquota 
percentages allocated to each area, to clarify the requirement that 
imports, exports, and re-exports of bluefin tuna (both Atlantic and 
Pacific subspecies) be accompanied by a Bluefin Tuna Statistical 
Document (BSD), and to facilitate enforcement of, and compliance with, 
certain regulations. The regulatory amendment is necessary to comply 
with the United States' obligations under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the Atlantic 
Tunas Convention Act (ATCA), and the Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks (HMS FMP).

DATES: Effective September 14, 2001.

ADDRESSES: Copies of supporting documents, including the HMS FMP, are 
available from the Highly Migratory Species Management Division, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Any comments regarding burden-hour estimates for collection-of-
information requirements contained in this final rule should be sent to 
Christopher Rogers, Acting Chief, Highly Migratory Species Management 
Division, Office of

[[Page 42802]]

Sustainable Fisheries (F/SF1), NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910-3282, and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503 (ATTN: 
NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Pat Scida, (978) 281-9208.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual 
authority of the Magnuson-Stevens Act and ATCA. ATCA authorizes the 
Secretary of Commerce (Secretary) to implement binding recommendations 
of the International Commission for the Conservation of Atlantic Tunas 
(ICCAT). The authority to issue regulations under the Magnuson-Stevens 
Act and ATCA has been delegated from the Secretary to the Assistant 
Administrator for Fisheries, NOAA (AA).
    Background information about the need for revisions to the HMS 
regulations was provided in the preamble to the proposed rule (65 FR 
76601, December 7, 2000), and is not repeated here. By this final rule, 
NMFS implements mandatory dealer reporting of all purchases of Atlantic 
BAYS tunas; adjusts the north-south dividing line for the BFT Angling 
category subdivisions; adjusts associated subquota percentages 
allocated to each area; modifies regulatory text to clarify the 
requirement that imports, exports, and re-exports of bluefin tuna (both 
Atlantic and Pacific subspecies) be accompanied by a BSD; and modifies 
regulatory text to facilitate enforcement of, and compliance with, the 
regulations. Specifically, to facilitate enforcement of and compliance 
with the regulations, this rule requires that, for trailered vessels, 
BFT be tagged immediately upon the vessel being removed from the water; 
it specifies the existing size limit for swordfish in terms of Lower 
Jaw Fork Length (LJFL); and it modifies the vessel identification 
regulations to make them consistent with other Federal fisheries 
regulations. This rule also restores a prohibition on assaulting or 
impeding NMFS employees or contractors collecting scientific or 
management information on Atlantic HMS that was inadvertently omitted 
when the HMS regulations were consolidated under 50 CFR part 635 (64 FR 
29090, May 28, 1999). Finally, this rule modifies the recently 
published final initial 2001 BFT quota specifications per the 
adjustments made to the BFT Angling category north-south division line 
and subquota allocations.

Changes From the Proposed Rule

    In the proposed rule that published on December 7, 2000, NMFS 
proposed removing the term ``high flyer'' from the definition of 
pelagic longline gear. This change to the regulations has already been 
implemented by an interim final rule published in the Federal Register 
on March 30, 2001 (66 FR 17370), and is no longer included as part of 
this rule.
    Additionally, over the last several months, NMFS has received 
comments from the United States Coast Guard and vessel operators that 
the vessel identification requirements in the HMS regulations are 
inconsistent with the regulations for other federal fisheries on the 
East coast and Gulf of Mexico. Specifically, the HMS regulations 
require a vessel to display its vessel number in 10 inch (25.4 cm) 
block numerals for all vessels 65 ft (19.8 m) or less in length, while 
other NMFS regulations require 10 inch (25.4 cm) block numerals for 
vessels up to 65 ft (19.8 m) in length, but only for vessels greater 
than 25 ft (7.6 m) in length. For vessels 25 ft (7.6 m) in length or 
less, other NMFS regulations require 3 inch (7.6 cm) block numerals, or 
none at all. This inconsistency in the vessel identification 
regulations has made it difficult for the Coast Guard to enforce the 
regulations. In addition, it is difficult for a vessel less than 25 ft 
(7.6 m) in length to affix and display 10 inch (25.4 cm) block 
numerals. This final rule amends the HMS vessel identification 
regulations to make them consistent with those for other Atlantic and 
Gulf of Mexico species, requiring 3 inch (7.6 cm) block numerals for 
vessels less than 25 ft (7.6 m) in length, and, to be consistent with 
the terms of approval of this information collection, clarifies that 
the HMS vessel identification regulations do not apply to vessels with 
Atlantic tunas Angling category permits.
    As this rule adjusts the BFT Angling category north-south division 
line and subquota allocations, adjustments to the recently published 
final initial 2001 BFT quota specifications must be made to reflect 
these changes. This final rule adjusts the 2001 BFT Angling category 
quota, subdividing the 2001 BFT Angling category quota of 609.3 metric 
tons (mt) as follows: School BFT--247.8 mt, with 127.0 mt to the 
northern area (north of 39 deg.18' N. latitude), 120.8 mt to the 
southern area (south of 38 deg.47' N. latitude), plus 20.6 mt held in 
reserve; large school/small medium BFT--330.0 mt, with 162.3 mt to the 
northern area and 167.7 mt to the southern area; and large medium/giant 
BFT--10.9 mt, with 4.8 mt to the northern area and 6.1 mt to the 
southern area.
    There have also been several wording changes made to the regulatory 
text in the proposed rule, and two prohibitions were modified and one 
was added. These changes were made to clarify the intent of the 
regulatory text and to facilitate enforcement of the regulations.

Comments and Responses

    NMFS conducted two public hearings on the proposed rule and 
received written and oral comments over a 60-day comment period. The 
vast majority of the comments received were in support of the proposed 
rule. Responses to specific comments on the issues contained in the 
proposed rule are provided here.

BAYS Tunas Dealer Reporting

    Comment: Most comments NMFS received were supportive of the BAYS 
tunas dealer reporting, stating that the reporting requirement could 
help collect tuna landings data that are currently unreported under the 
current regulations. One commenter stated that the revision to the 
regulations could result in the capture of data regarding landings of 
BAYS tunas that are sold unlawfully by non-permitted fishermen. One 
commenter stated that the regulatory amendment needed to go further, 
requiring a cross-referenceable report from harvesters (vessels).
    Response: NMFS agrees that the proposed BAYS tunas dealer reporting 
requirements could help collect information regarding tuna landings 
that are currently unreported. Regarding vessel reporting, the HMS 
regulations give NMFS the authority to issue logbooks and to collect 
logbook information from all vessels with permits in the Atlantic HMS 
fisheries. Currently, only vessels with Atlantic swordfish and shark 
permits (including all vessels with Atlantic tunas Longline category 
permits) are currently selected to submit logbooks. NMFS agrees that 
additional vessel reporting may provide additional information and is 
investigating various kinds of logbook programs for all permitted HMS 
vessels.

BFT Angling Category Geographic Division

    Comment: Adoption of the proposed north-south dividing line change 
and quota subdivision would allow NMFS to manage the Angling category 
BFT season better, and would fix the unfair situation for vessels from 
Cape May, NJ, which, because they fish and land in two separate zones, 
were held to the more restrictive retention limit of the two fishing 
zones.
    Response: NMFS agrees that the north-south dividing line change is 
appropriate. A goal of the proposed line change and the corresponding 
quota re-allocation is to minimize the number of

[[Page 42803]]

cases where anglers are fishing in one zone and landing their fish in 
another.

BSD Changes

    Comment: NMFS should revise the BSD regulations to allow copies 
(instead of the original) of the original BSD be submitted to NMFS 
under certain circumstances, e.g., when a shipment comes into the 
United States with several bluefin, and a part of the shipment is re-
exported while the rest remains in the United States for domestic 
consumption. Currently, the regulations require that the original BSD 
accompany the shipment and, in the case of imports, that the original 
BSD be submitted to NMFS. In the situation described above, it is not 
possible to submit an original BSD to NMFS for the domestically 
consumed fish and at the same time re-export part of the shipment also 
with an original BSD.
    Response: NMFS regulations regarding BSD reporting are not under 
revision at this time, although NMFS recognizes the difficulty of 
complying with the current BSD reporting requirements in situations 
such as ``split shipments'', where part of an imported shipment is then 
re-exported, or a shipment is re-exported to two different countries. 
NMFS will continue to work with bluefin importers and exporters to find 
solutions to these situations as they arise. In addition, ICCAT 
recently recommended the development of statistical document programs 
for swordfish and bigeye tuna. During the development of these 
programs, NMFS also plans to address these ``split shipment'' 
paperwork/reporting requirements in a comprehensive manner as part of 
an effort to harmonize the various reporting programs and forms 
involved in the tracking of trade in highly migratory species.

Facilitation of Enforcement and Compliance

    The only comments received on the proposed measures to facilitate 
enforcement and compliance were those of general support. NMFS 
finalizes these measures without revision.

Classification

    This regulatory amendment is published under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 
et seq. The AA has determined that the regulations contained in the 
regulatory amendment are consistent with the Magnuson-Stevens Act, 
ATCA, and the HMS FMP.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration when this rule was proposed, that if adopted as 
proposed, it would not have a significant economic impact on a 
substantial number of small entities. No comments were received that 
would alter the basis for this determination. Given the certification, 
neither an Initial nor Final Regulatory Flexibility Analysis was 
prepared.
    This regulatory amendment has been determined to be not significant 
for purposes of Executive Order 12866.
    The regulations implemented through this final rule are not 
expected to increase endangered species or marine mammal interaction 
rates. On June 8, 2001, NMFS issued a Biological Opinion (BO) after 
concluding formal consultation for the HMS fisheries under section 7 of 
the Endangered Species Act. The BO concluded that the pelagic longline 
fishery is likely to jeopardize the continued existence of threatened 
or endangered species. This final rule will not change fishing 
practices for longline vessels. NMFS plans on addressing the 
conclusions of the BO regarding the pelagic longline fishery through 
separate rulemaking. This final rule will not significantly alter 
current fishing practices and would not likely increase takes of listed 
species or interfere with the implementation of the reasonable and 
prudent alternative measures identified in the BO to reduce adverse 
impacts on protected resources.
    The area affected by this final action has been identified as 
essential fish habitat (EFH) for species managed by the New England 
Fishery Management Council, the Mid-Atlantic Fishery Management 
Council, the South Atlantic Fishery Management Council, the Gulf of 
Mexico Fishery Management Council, the Caribbean Fishery Management 
Council, and the HMS Management Division of NMFS. It is not anticipated 
that this action will have any adverse impacts on EFH, and, therefore, 
no consultation is required.
    This final rule contains a new collection-of-information 
requirement and restates several existing reporting requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). On March 29, 2001, OMB 
approved the collection-of-information requirement as a revision to the 
collection previously approved under OMB control number 0648-0013. The 
new requirement approved by OMB is an extension of dealer reporting 
requirements to Atlantic tunas, with an estimated public reporting 
burden of 12 minutes per response for dealers who would otherwise have 
been required to file a negative report (if permitted for swordfish or 
shark), 15 minutes for other dealers reporting purchases, and three 
minutes for other dealers to file.
    This rule also restates a number of collection-of- information 
requirements that have been approved by OMB. These requirements and 
their OMB control numbers and estimated response times are: swordfish 
and shark dealer reports (15 minutes; 0648-0013); negative reports by 
swordfish and shark dealers (three minutes; 0648-0013); swordfish 
import dealer reports (15 minutes; 0648-0363) and swordfish 
certificates of eligibility (one hour; 0648-0363); bluefin tuna landing 
reports (two minutes; 0648-0239); bluefin tuna bi-weekly dealer report 
(15 minutes; 0648-0239); affixing tags to bluefin tunas and 
transferring tag numbers to documents (ten minutes; 0648-0239); vessel 
identification requirements (45 minutes; 0648-0373). All estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. Any comments regarding burden-
hour estimates for collection-of-information requirements contained in 
this final rule should be sent to (see ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to, a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    This rule modifies the regulations at 50 CFR 635.6 on vessel 
identification, and at 50 CFR 635.71(b) on prohibitions on failing to 
report a BFT. These changes were not included in the proposed rule. The 
modifications to 50 CFR 635.6 (with respect to vessel identification) 
are needed to achieve consistency with other NMFS vessel marking 
regulations and relieve vessels fishing in HMS and other fisheries from 
the burden of having to comply with two different sets of marking 
requirements. Therefore, providing prior notice and an opportunity for 
public comment would serve no useful purpose. The modifications to 50 
CFR 635.71 that clarify the existing prohibitions related to reporting 
a BFT, correct a cross-reference to the relevant reporting 
requirements, and clarify when BFT must be tagged and reported if they 
are in a trailered vessel, are needed to facilitate enforcement and 
ensure compliance with existing regulations. Delaying these 
clarifications to provide an opportunity for public

[[Page 42804]]

comment would confound enforcement efforts and would serve no useful 
purpose. Accordingly, the AA finds good cause to waive the 
Administrative Procedures Act requirement to provide prior notice and 
the opportunity for public comment, pursuant to authority set forth at 
5 U.S.C. 553(b)(B), as such procedures would be unnecessary or would be 
contrary to the public interest, as applicable.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: August 9, 2001.
William T. Hogarth,
 Acting 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. 635.5, paragraphs (a)(3), (b)(1)(i) through (iii), 
(b)(2)(i),(b)(2)(ii)(A) and (b)(2)(ii)(B) are revised to read as 
follows:


Sec. 635.5  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (3) BFT not sold. If a person who catches and lands a large medium 
or giant BFT from a vessel issued a permit in any of the commercial 
categories for Atlantic tunas does not sell or otherwise transfer the 
BFT to a dealer who has a dealer permit for Atlantic tunas, the person 
must contact a NMFS enforcement agent, at a number designated by NMFS, 
immediately upon landing such BFT, provide the information needed for 
the reports required under paragraph (b)(2)(i) of this section, and, if 
requested, make the tuna available so that a NMFS enforcement agent or 
authorized officer may inspect the fish and attach a tag to it. 
Alternatively, such reporting requirement may be fulfilled if a dealer 
who has a dealer permit for Atlantic tunas affixes a dealer tag as 
required under paragraph (b)(2)(ii) of this section and reports the BFT 
as being landed but not sold on the reports required under paragraph 
(b)(2)(i) of this section. If a vessel is placed on a trailer, the 
person must contact a NMFS enforcement agent, or the BFT must have a 
dealer tag affixed to it by a permitted Atlantic tunas dealer, 
immediately upon the vessel being removed from the water. All BFT 
landed but not sold will be applied to the quota category according to 
the permit category of the vessel from which it was landed.
    (b) * * *
    (1) Atlantic HMS. (i) Dealers that have been issued an Atlantic 
tunas, swordfish and/or sharks dealer permit under Sec. 635.4 must 
submit to NMFS all reports required under this section.
    (ii) Dealers that import bluefin tuna and/or swordfish must report 
all such species imported on forms available from NMFS.
    (iii) Reports of Atlantic tunas, Atlantic swordfish, and/or 
Atlantic sharks received by dealers from U.S. vessels, or reports of 
bluefin tuna and swordfish imported, on the first through the 15th of 
each month, must be postmarked not later than the 25th of that month. 
Reports of such fish received or imported on the 16th through the last 
day of each month must be postmarked not later than the 10th of the 
following month. For swordfish imports, a dealer must attach a copy of 
each certificate of eligibility to the report required under paragraph 
(b)(1)(ii) of this section. If a dealer issued an Atlantic tunas, 
swordfish or sharks dealer permit under Sec. 635.4 has not received any 
Atlantic HMS from U.S. vessels during a reporting period as specified 
in this section, he or she must still submit the report required under 
paragraph (b)(1)(i) of this section stating that no Atlantic HMS were 
received. This negative report must be postmarked for the applicable 
reporting period as specified in this section. This negative reporting 
requirement does not apply for BFT.
* * * * *
    (2)Requirements for bluefin tuna--(i) Dealer reports--(A)Landing 
reports. Each dealer issued an Atlantic tunas permit under Sec. 635.4 
must submit a completed landing report on a form available from NMFS 
for each BFT received from a U.S. fishing vessel. Such report must be 
submitted by electronic facsimile (fax) to a number designated by NMFS 
not later than 24 hours after receipt of the BFT. The landing report 
must indicate the name and permit number of the vessel that landed the 
BFT and must be signed by the permitted vessel's owner or operator 
immediately upon transfer of the BFT. The dealer must inspect the 
vessel's permit to verify that the required vessel name and vessel 
permit number as listed on the permit are correctly recorded on the 
landing report.
    (B) Bi-weekly reports. Each dealer issued an Atlantic tunas permit 
under Sec. 635.4 must submit a bi-weekly report on forms supplied by 
NMFS for BFT received from U.S. vessels and for imports of bluefin 
tuna. For BFT received from U.S. vessels and for bluefin tuna imported 
on the first through the 15th of each month, the dealer must submit the 
bi-weekly report forms to NMFS postmarked not later than the 25th of 
that month. Reports of BFT received and bluefin tuna imported on the 
16th through the last day of each month must be postmarked not later 
than the 10th of the following month.
    (ii) * * *
    (A) Affixing dealer tags. A dealer or a dealer's agent must affix a 
dealer tag to each BFT purchased or received from a U.S. vessel 
immediately upon offloading the BFT. If a vessel is placed on a 
trailer, the dealer or dealer's agent must affix the dealer tag to the 
BFT immediately upon the vessel being removed from the water. The 
dealer tag must be affixed to the BFT between the fifth dorsal finlet 
and the caudal keel.
    (B)Removal of dealer tags. A dealer tag affixed to any BFT under 
paragraph (b)(2)(ii)(A) of this section or a BSD tag affixed to an 
imported bluefin tuna must remain on the fish until it is cut into 
portions. If the bluefin tuna or bluefin tuna parts subsequently are 
packaged for transport for domestic commercial use or for export, the 
number of the dealer tag or the BSD tag must be written legibly and 
indelibly on the outside of any package containing the tuna. Such tag 
number also must be recorded on any document accompanying the shipment 
of bluefin tuna for commercial use or export.
* * * * *

    3. In Sec. 635.6, paragraphs (b)(1) introductory text and 
(b)(1)(iii) are revised to read as follows:


Sec. 635.6  Vessel and gear identification.

* * * * *
    (b) Vessel identification. (1) An owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4, other than a permit 
for the Atlantic tunas Angling category, must display the vessel 
number--
* * * * *
    (iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) in length; at least 10 inches (25.4 cm) in height for all 
other vessels over 25 ft (7.6 m) in length; and at least 3 inches (7.6 
cm) in height for vessels 25 ft (7.6 m) in length or less.

    4. In Sec. 635.20, in paragraph (f)(1), the first two sentences are 
revised to read as follows:

[[Page 42805]]

Sec. 635.20  Size limits.

* * * * *
    (f) Swordfish. (1) No person shall take, retain, or possess a north 
or south Atlantic swordfish taken from its management unit that is less 
than 29 inches (73 cm), CK, 47 inches (119 cm), LJFL, or 33 lb (15 kg) 
dressed weight. A swordfish that is damaged by shark bites may be 
retained only if the remainder of the carcass is at least 29 inches (73 
cm) CK, 47 inches (119 cm), LJFL, or 33 lb (15 kg) dw. * * *
* * * * *

    5. In Sec. 635.27, paragraphs (a)(2)(i)through (a)(2)(iii) are 
revised to read as follows:


Sec. 635.27   Quotas.

    (a) * * *
    (2) * * *
    (i) Under paragraph (a)(7)(ii) of this section, 52.8 percent of the 
school BFT Angling category landings quota, after adjustment for the 
school BFT quota held in reserve, may be caught, retained, possessed, 
or landed south of 39 deg.18' N. lat., with the remaining quota being 
available to the fisheries north of the dividing line.
    (ii) An amount equal to 52.8 percent of the large school/small 
medium BFT Angling category quota may be caught, retained, possessed, 
or landed south of 39 deg.18' N. lat., with the remaining quota being 
available to the fisheries north of the dividing line.
    (iii) An amount equal to 66.7 percent of the large medium and giant 
BFT Angling category quota may be caught, retained, possessed, or 
landed south of 39 deg.18' N. lat., with the remaining quota being 
available to the fisheries north of the dividing line.
* * * * *

    6. In the following sections, remove the word ``tuna'', each time 
it appears, and add in its place the words ``bluefin tuna''.


Sec. 635.42  [Amended]

    a. Section 635.42, paragraphs (a)(1), (a)(2), (a)(3), and (b)(3).


Sec. 635.43  [Amended]

    b. Section 635.43, paragraphs (a)(2), and (a)(12).

    7. In the following sections, remove the acronym ``BFT '', each 
time it appears, and add in its place the words ``bluefin tuna''.


Sec. 635.41  [Amended]

    a. Section 635.41 introductory text, paragraph (a) introductory 
text, paragraphs(a)(1), (a)(2), and (b).


Sec. 635.42  [Amended]

    b. Section 635.42, paragraph (a) heading, paragraphs (a)(1), 
(a)(2), (a)(3), (b) heading, (b)(1), (b)(2), and (b)(3).


Sec. 635.43  [Amended]

    c. Section 635.43, paragraphs (a)(2), (a)(5), (b), and (c).


Sec. 635.44  [Amended]

    d. Section 635.44, paragraphs (a) and (b).


Sec. 635.45  [Amended]

    e. Section 635.45.


Sec. 635.47  [Amended]

    f. Section 635.47.


Sec. 635.71  [Amended]

    g. Section 635.71 paragraphs (a)(24), (b)(25), and (b)(26).

    8. In Sec. 635.71, paragraphs (a)(35) and (b)(28) are added, and 
paragraphs (b)(5) and (b)(6) are revised, to read as follows:


Sec. 635.71  Prohibitions.

* * * * *
    (a) * * *
    (35) For any person to assault, resist, oppose, impede, intimidate, 
interfere with, obstruct, delay, or prevent, by any means, NMFS 
personnel or anyone collecting information for NMFS, under an agreement 
or contract, relating to the scientific monitoring or management of 
Atlantic HMS.
    (b) * * *
    (5) Fail to report a large medium or giant BFT that is not sold, as 
specified in Sec. 635.5(a)(3).
    (6) As an angler, fail to report a BFT, as specified in 
Sec. 635.5(c).
* * * * *
    (28) Possess a large medium or giant BFT, after it has been landed, 
that does not have a dealer tag affixed to it as specified in 
Sec. 635.5(b)(2)(ii), unless the BFT is not to be sold and has been 
reported per the requirements specified in Secs. 635.5(a)(3) or 
635.5(c).
* * * * *
[FR Doc. 01-20435 Filed 8-14-01; 8:45 am]
BILLING CODE 3510-22-S