[Federal Register Volume 66, Number 247 (Wednesday, December 26, 2001)]
[Proposed Rules]
[Pages 66386-66390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31662]



[[Page 66386]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 000629197-1282-02; I.D. 032900A]
RIN 0648-AN06


Atlantic Highly Migratory Species; Monitoring of Recreational 
Landings

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

ACTION: Proposed rule; request for comments; public hearings.

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SUMMARY: NMFS proposes this rule to amend regulations governing 
Atlantic billfish and North Atlantic swordfish recreational fisheries 
to implement recommendations adopted at the 2000 meeting of the 
International Commission for the Conservation of Atlantic Tunas (ICCAT) 
and to enhance management programs for these species. NMFS proposes to 
implement a mandatory recreational landings reporting system for 
Atlantic blue marlin, Atlantic white marlin, west Atlantic sailfish, 
and North Atlantic swordfish. In addition, NMFS proposes to establish a 
recreational retention limit for North Atlantic swordfish; to add 
handlines as an authorized gear for North Atlantic swordfish; to 
clarify language concerning applicability of recreational retention 
limits for sharks, yellowfin tuna, and North Atlantic swordfish; to 
clarify language regarding the Billfish Certificate of Eligibility and 
to develop an outreach program to promote the use of circle hooks 
within the recreational swordfish fishery. The intent of these actions 
is to improve monitoring and conservation of overfished Atlantic 
billfish and swordfish stocks. NMFS will hold three hearings regarding 
these proposed amendments.

DATES: Written comments on the proposed rule must be received by 5 p.m. 
on February 25, 2002. NMFS will hold public hearings on the following 
dates:
    3. January 14, 2002--Mobile, AL
    1. January 23, 2002--Fort Lauderdale, FL
    2. January 22, 2002--Manteo, NC

ADDRESSES: The meeting locations are:
    1. Broward County Main Library, 100 S. Andrews Ave., Bienes Center, 
6th Floor, Fort Lauderdale, FL 33301.
    2. North Carolina Aquarium, Airport Road, Manteo, NC 27954.
    3. Mobile Public Library, Cottage Hill Branch, 5025 Cottage Hill 
Road, Mobile, AL 36609.
    Comments on the proposed rule may also be submitted by mail to the 
Highly Migratory Species (HMS) Division, 1315 East-West Highway, Silver 
Spring, MD 20910. Comments may also be sent via facsimile (fax) to 301-
713-1917. Comments will not be accepted if submitted via e-mail or on 
the Internet. Comments regarding the collection-of-information 
requirement contained in this proposed rule should be sent to the HMS 
Division, 1315 East-West Highway, Silver Spring, MD 20910, and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Washington, DC 20503 (Attention: NOAA Desk Officer).
    Copies of the Draft Environmental Assessment/Regulatory Impact 
Review (EA/RIR) for this proposed rule may be obtained from the Highly 
Migratory Species Division, Southeast Regional Office, 727-570-5447. 
The EA/RIR may also be viewed on the Highly Migratory Species Division 
website at www.nmfs.noaa.gov/sfa/hmspg.html.

FOR FURTHER INFORMATION CONTACT: Michael Barnette at 727-570-5447 or 
Jill Stevenson at 301-713-2347; fax: 727-570-5656; email: 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Atlantic HMS are managed under the Fishery 
Management Plan for Atlantic Billfish (Atlantic Billfish FMP) and the 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS 
FMP). The FMPs are implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
at 50 CFR part 635. In addition, billfish, swordfish and tunas are 
managed throughout the Atlantic Ocean by ICCAT, to which the United 
States is a contracting party. The Secretary of Commerce has the 
responsibility, under the Atlantic Tunas Convention Act (ATCA), to 
implement ICCAT recommendations.

Atlantic Blue and White Marlin

    At the November, 2000 meeting, ICCAT developed a two-phased 
rebuilding plan for Atlantic blue and white marlin. The rebuilding 
strategy was based on the results of the most recent stock assessments 
completed by ICCAT's Standing Committee for Research and Statistics 
(SCRS). The July 2000 assessment indicated that Atlantic marlin stocks 
are not rebuilding and continue to be overfished. Specifically, 
Atlantic blue marlin stocks are about 40 percent of the level needed to 
support maximum sustainable yield (MSY) and white marlin stocks are 
about 15 percent of the level needed to support MSY.
    Phase One of the ICCAT Atlantic marlin rebuilding plan requires 
that countries capturing marlin in commercial fisheries reduce Atlantic 
blue marlin landings by 50 percent and white marlin landings by 67 
percent from 1999 levels. Furthermore, the United States agreed to 
limit annual landings by U.S. recreational fishermen to 250 Atlantic 
blue and white marlin, combined, for 2001 and 2002, and to maintain 
regulations that have prohibited retention of marlins by U.S. pelagic 
longline fishermen since the implementation of the 1988 Atlantic 
Billfish FMP.
    In Phase Two of the rebuilding plan, the SCRS will conduct stock 
assessments of Atlantic blue and white marlin in 2002 and present its 
evaluation of specific stock recovery scenarios that take into account 
the new stock assessments and any re-evaluation of the historical catch 
and effort time series. Based on the advice of the SCRS at its 2002 
meeting, ICCAT will, as necessary, develop and adopt programs to 
rebuild Atlantic blue and white marlins to levels that would support 
MSY. Such rebuilding programs will include a timetable for recovery to 
a scientifically derived goal, with associated milestones and 
biological reference points.

North Atlantic Swordfish

    A 1996 assessment of North Atlantic swordfish stock by the SCRS 
indicated that swordfish were overfished and that the biomass was 
estimated to be 58 percent of the biomass needed to produce MSY. A 1999 
stock assessment indicated that the decline in swordfish biomass has 
been slowed or arrested and that biomass was 65 percent of the biomass 
needed to produce MSY. However, the SCRS cautioned that the North 
Atlantic swordfish recovery plan is very sensitive to any increases in 
fishing mortality due to overharvest of landing quotas, increased dead 
discards, or to increases in the proportion of juvenile fish taken in 
the fisheries.
    The U.S. recreational swordfish fishery has been re-emerging after 
a period of relatively low activity, though recent catches are still 
below historical levels achieved when the stock was more abundant. In 
recent years, recreational fishing effort for swordfish has evolved 
from incidental catches related to yellowfin tuna trips in the Mid-
Atlantic Bight to a rapidly growing directed fishery off Florida, New 
York, and New Jersey. There is concern that

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this expansion is not being effectively monitored and that, therefore, 
mortality of both legal and undersized swordfish cannot be accurately 
estimated for the recreational fishery.
    Effective April 1, 2001, NMFS implemented a closed area off the 
east coast of Florida that was specifically aimed at reducing dead 
discards of swordfish in the pelagic longline fishery (65 FR 47214, 
August 1, 2001). This area remains open to handgear fishermen, and, 
while many swordfish are released alive, it is anticipated that further 
increases in recreational effort could result in increased mortality of 
undersized swordfish and affect the stock rebuilding plan. Furthermore, 
there have been reports of swordfish being foul-hooked by recreational 
fishing gear due to the nature of swordfish feeding behavior. Injuries 
sustained by the fish could impair recovery and result in delayed 
mortality even if the fish appears to be released in good condition.

Recreational Catch of Sailfish

    In 1992, ICCAT scientists completed a stock assessment for west 
Atlantic sailfish/spearfish and deemed the populations to be fully 
fished. Since that time, there has not been a complete stock assessment 
due to a lack of specific data (internationally, sailfish are often 
reported combined with spearfish species in logbooks). In 2001, ICCAT 
scientists evaluated sailfish catches independently of spearfish 
catches, however, considerable uncertainties remain related to catches 
and catch rates. The stock is considered to be fully fished. Abundance 
indices have remained relatively stable over the last 20 years. 
However, population models have not been successfully used to predict 
the dynamics of this stock. Recreational landings in the United States 
are not well monitored by existing surveys because of their rare-event 
nature. NMFS anticipates that a recreational call-in monitoring system 
would improve the quality of data that the United States submits to 
ICCAT annually and which would be used in future stock assessments.

Current Catch Management Programs

    The primary issue for the United States resulting from the 2000 
ICCAT recommendation for Atlantic blue and white marlin is determining 
the appropriate management strategy to ensure compliance with the 
annual limit of 250 marlin landings for 2001 and 2002. Monitoring 
recreational landings of Atlantic billfish is challenging because of 
the broad geographic range over which Atlantic blue and white marlin 
can potentially be caught and landed by U.S. recreational anglers. 
While U.S. recreational anglers predominantly practice a catch-and-
release fishery, a limited number of billfish are landed, particularly 
in association with fishing tournaments. The recreational billfish 
fishery within the U.S. Exclusive Economic Zone (EEZ), including U.S. 
territories, is monitored primarily through the NMFS Recreational 
Billfish Survey (RBS). The RBS mainly focuses on fishing tournament 
data but does include a limited number of Atlantic billfish landings 
outside tournaments. While landings reporting for HMS tournaments is 
becoming more comprehensive due to the tournament registration 
requirement adopted in Amendment 1 to the Atlantic Billfish FMP 
(Billfish Amendment), the level of recreational fishing effort directed 
at billfish that occurs outside the tournament context is highly 
uncertain.
    Billfish landings outside tournaments are occasionally noted by 
dockside interviewers conducting the Marine Recreational Fisheries 
Statistical Survey (MRFSS) or the Large Pelagics Survey (LPS), but such 
low frequency sampling cannot yield precise estimates of total 
landings. Additionally, landings from U.S. vessels in foreign ports are 
not at present effectively monitored though all landings from vessels 
of the United States must be assessed against the landing limit. Some 
improvements in monitoring of recreational billfish landings are 
anticipated as the HMS Charter/Headboat permit, vessel logbook, and at-
sea observer programs that were developed as part of the HMS FMP and 
Billfish Amendment become fully implemented. However, it is unlikely 
that these programs, taken together, will be sufficient to monitor all 
recreational Atlantic billfish landings.
    NMFS published an Advanced Notice of Proposed Rulemaking (ANPR) to 
solicit comments on options which would support ICCAT's objectives. 
Options ranged from restricting minimum size limits to reduce landings 
to implementing upgraded monitoring programs (65 FR 48671, August 9, 
2000). Comments received were generally supportive of the need to 
increase monitoring of recreational landings.
    Several commenters supported a mandatory landings tag program, 
either with an unlimited number of tags available or a more complex 
controlled distribution system. Such a program would be costly for the 
agency and may be more burdensome for fishermen.
    A few comments supported a port sampling program that could be 
implemented through cooperative agreements with coastal states. Other 
commenters recommended requiring a recreational billfish permit and 
periodic reporting requirements through logbooks. While NMFS is not 
proposing a permit requirement in this rule, a permit requirement may 
be implemented in the future to provide a more complete sample frame 
for surveying recreational HMS fishermen.
    Other commenters were concerned about double counting of billfish 
and therefore opposed self-reporting, post cards, fishing club reports, 
or a landing tag program. NMFS has similar concerns with respect to 
monitoring the expanding recreational swordfish fishery. While the LPS 
dockside intercept survey focuses on fishing sites with high activity 
for HMS, interviewers could encounter anglers landing swordfish only 
off the Mid-Atlantic region due to lack of LPS coverage in the South 
Atlantic, Gulf of Mexico, and Caribbean at this time. Therefore, 
comprehensive information on landings from the expanding recreational 
swordfish fishery off Florida is not available through the LPS. 
Although the MRFSS has a broader area of coverage, day-time 
interviewers are not likely to sample swordfish due to the nocturnal 
nature of the fishery.
    Given the limitations of existing recreational fishing monitoring 
programs with respect to Atlantic billfish and swordfish, NMFS believes 
that additional measures are needed to ensure compliance with 
applicable ICCAT recommendations and to provide data for improving 
stock assessments. The NMFS is issuing this proposed rule, and seeks 
additional public comments to address these concerns.

Enhanced Monitoring Program

    To ensure compliance with ICCAT recommendations and to further 
domestic fishery management goals, NMFS proposes to monitor Atlantic 
sailfish, blue and white marlin, and North Atlantic swordfish 
recreational landings through a self-reporting method based on a toll-
free telephone call-in system. Such a call-in system would collect 
catch information for all landings made from U.S. fishing vessels, 
including landings made in foreign ports. To avoid duplication, 
landings reported through a registered HMS tournament would be exempt 
from the telephone call-in requirement. The toll-free call would take 
less than 5 minutes for each response, and the reporting requirement 
would likely amount to less than 500 calls per year. NMFS anticipates a 
high level of compliance based on the conservation ethic and interest 
in resource conservation by

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recreational Atlantic billfish and swordfish anglers. To foster 
support, the call-in requirement for non-tournament landings would be 
advertised through public outreach with constituent groups, sport 
fishing magazines, fishing tournaments, Fishery Management Councils, 
and Billfish and HMS Advisory Panel members.
    In addition to improving estimates of landings made outside 
tournaments, mandatory reporting of billfish and swordfish landings via 
the call-in system would provide additional data on the recreational 
fishery and improve future stock assessments. Information on fishing 
locations and ports of landing would enable NMFS to tailor existing 
dockside and telephone surveys to better assess effort and catch rates 
in the recreational billfish and swordfish fisheries.

Recreational Retention Measures

    In light of the recent expansion in the recreational swordfish 
fishery, NMFS also proposes to revise regulations at Sec. 635.22 to 
implement a recreational retention limit for North Atlantic swordfish 
of one swordfish, per vessel, per trip. This recreational possession 
limit would apply to all vessels and is intended to establish long-term 
stability within the recreational fishery, and to reduce the incentive 
for unauthorized sale of swordfish landed in the recreational fishery. 
Those vessel operators who wish to pursue a commercial handgear fishery 
could seek to purchase a swordfish handgear limited access permit. Only 
fishermen with such limited access permits are exempt from the 
recreational retention limit and are authorized to sell swordfish.
    Additionally, NMFS proposes to revise regulations at Sec. 635.21 to 
clarify that only certain gear is authorized for recreational fishing 
for Atlantic swordfish. Prior to the publication of the HMS FMP and 
consolidation of Atlantic HMS regulations under new part 635 of the 
Code of Federal Regulations (CFR) (64 FR 29090, May 28,1999), 
regulations governing the Atlantic swordfish fisheries existed under 50 
CFR part 630. Regulatory text at Sec. 630.2 specified that recreational 
harvest of swordfish was limited to fish taken by rod and reel gear. 
While that specific restriction was included in the initial proposed 
consolidated HMS regulations (61 FR 57361, November 6, 1996), it was 
not explicitly re-stated when the consolidated regulations were re-
proposed to implement the new requirements of the HMS FMP (64 FR 3486, 
January 20, 1999).
    The regulatory consolidation was not intended to make substantive 
changes to existing regulations, other than those specifically noted as 
necessary to achieve consistency or to implement new requirements of 
the HMS FMP. The ambiguous reference to the restriction on recreational 
swordfish fishing gear as it currently appears in the consolidated 
regulatory text under 50 CFR part 635 was a drafting error and requires 
the correction contained in this proposed rule. However, recognizing 
that there has been some historical use of this handline gear 
consistent with recreational fishing activity, NMFS also proposes to 
revise regulations at Sec. 635.21 (d)(4) to include handlines as 
authorized gear in the recreational swordfish fishery.

Applicability of Recreational Retention Limits

    NMFS finalized a regulatory requirement for Charter/Headboat vessel 
owners to obtain a permit to fish for Atlantic HMS in conjunction with 
publication of the final Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks (HMS FMP) (64 FR 29090, May 29, 1999). At the 
time of publication of the final rule, OMB had not yet approved the 
information collection. After receiving OMB approval, NMFS published a 
notification to make the permit requirement effective (66 FR 30651, 
June 7, 2001).
    In a technical amendment to the consolidated regulations (64 FR 
37700, July 13, 1999), NMFS clarified that the recreational daily 
retention limit of three yellowfin tuna per person applies at all times 
to persons fishing aboard vessels permitted with an Atlantic tunas 
Charter/Headboat permit. That permit is now issued as the HMS Charter/
Headboat permit. Therefore, NMFS must revise the regulations pertaining 
to retention limits to reflect issuance of the HMS Charter/Headboat 
permit. In this rule, NMFS proposes to revise regulations at Sec.  
635.22 to apply recreational Atlantic yellowfin tuna and shark 
retention limits to HMS Charter/Headboat permit holders.

Mortality Reduction Program

    To further reduce the potential for dead discards and delayed 
mortality of swordfish, NMFS proposes to develop an outreach program to 
promote the use of circle hooks within the recreational swordfish 
fishery. NMFS has received information indicating that use of 
conventional ``J''-style hooks in the recreational fishery is resulting 
in foul-hooked fish (either in the fins or in the body) due to the 
aggressive nature of swordfish feeding behavior. Foul-hooked fish can 
receive sufficient injury to impair health which could lead to delayed 
mortality after release. The use of circle hooks typically results in 
fish being hooked in the mouth, which allows for a fish to be boated 
and released in better condition. Circle hooks are already being used 
to some extent within the recreational fishery due to their recognized 
ecological benefits, so it is expected that with sufficient public 
outreach, circle hook usage would increase.

Billfish Trade Requirements

    Prior to the publication of the HMS FMP and consolidation of 
Atlantic HMS regulations under new part 635 of the Code of Federal 
Regulations (CFR) (64 FR 29090, May 28,1999), regulations governing the 
Atlantic billfish fisheries existed under 50 CFR part 644. Regulatory 
text at Sec. 644.24 prohibited persons from selling or purchasing 
billfish taken from the Atlantic Ocean management unit. Billfish taken 
from outside the Atlantic Ocean management unit could be sold only if 
accompanied by documentation of its source. These regulations were 
necessary to implement the Billfish FMP objective of reserving harvest 
of Atlantic billfish for the recreational fishery.
    While the specific regulations on the Billfish Certificate of 
Eligibility were included in the initial proposed consolidated HMS 
regulations (61 FR 57361, November 6, 1996), they were restated 
differently when the consolidated regulations were re-proposed to 
implement the new requirements of the HMS FMP (64 FR 3486, January 20, 
1999). The regulatory consolidation was not intended to make 
substantive changes to existing regulations, other than those 
specifically noted as necessary to achieve consistency or to implement 
new requirements of the HMS FMP. The revisions to the Billfish COE 
regulations in the final consolidated regulatory text under 50 CFR part 
635 were a drafting error that requires a correction to facilitate 
enforcement of the COE requirements as originally intended. Therefore, 
NMFS proposes to amend Sec. 635.31 to clarify these provisions.

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act and the ATCA. The Assistant Administrator for 
Fisheries, NOAA (AA), has preliminarily determined that the regulations 
contained in this rule are necessary to implement the recommendations 
of ICCAT and to

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manage the domestic Atlantic highly migratory species fisheries.
    NMFS prepared a draft Environmental Assessment (EA) for this 
proposed rule, and the AA has preliminarily concluded that there would 
be no significant impact on the human environment if this proposed rule 
was implemented. The EA presents analyses of the anticipated impacts of 
these proposed regulations and the alternatives considered. A copy of 
the draft EA is available from NMFS (see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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 Paperwork Reduction Act(PRA), unless that 
collection of information displays a currently valid OMB Control 
Number.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the PRA. The requirement 
for mandatory reporting, via a toll-free call-in system, of all non-
tournament recreational landings of Atlantic sailfish, blue marlin, 
white marlin, and North Atlantic swordfish has been submitted to OMB 
for approval. Public reporting burden for this collection of 
information is estimated to average 5 minutes per initial reporting 
call and 5 minutes per confirmation callback. This proposed rule also 
repeats collection-of-information requirements that have been approved 
by OMB under control number 0648-0216. The estimated response times are 
20 minutes to prepare a billfish Certificate of Eligibility and 2 
minutes for recordkeeping by subsequent purchasers of the billfish.
    These 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. 
Public comment is sought regarding: whether this proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information, including 
through the use of automated collection techniques or other forms of 
information technology. Send comments on these or any other aspects of 
the collection of information to NMFS and OMB (see ADDRESSES).
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel of 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 establish a recreational landings 
monitoring program for Atlantic billfish and swordfish that would be 
based on a toll-free call-in system. The system would collect catch 
associated information for landings of Atlantic sailfish, blue and 
white marlin, and North Atlantic swordfish, taken by persons aboard 
U.S. fishing vessels. Additionally, the proposed rule would 
implement a recreational retention limit for North Atlantic 
swordfish of 1 swordfish, per vessel, per trip, as well as develop 
an outreach program to promote the use of circle hooks within the 
recreational swordfish fishery.
    The landings monitoring call-in system would have minimal 
economic impact to the recreational fishing community as there would 
be no cost for the call and it would likely take less than 5 minutes 
to report. Likewise, a recreational fishing catch limit of one 
swordfish per vessel per trip should not have any significant 
economic impact on recreational anglers or associated support 
industries because of the relatively large size of most 
recreationally-landed swordfish (often 50 to in excess of 200 
pounds). Finally, it is expected that the use of circle hooks would 
be well-received within the recreational community and that 
voluntary use would occur. Circle hooks are already being used to 
some extent within the recreational fishery due to their recognized 
ecological benefits in avoiding injury to fish.
    Accordingly, an initial regulatory flexibility analysis was not 
prepared for this proposed rule.

List of Subjects in 50 CFR Part 635

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

    Dated: December 19, 2001.
Rebecca Lent,
Acting Assistant Administrator, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be 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, paragraph (c) is revised to read as follows:


Sec. 635.5  Recordkeeping and reporting.

    (c) Anglers--(1) Bluefin tuna. The owner of a vessel permitted, or 
required to be permitted, in the Atlantic Tunas Angling or Atlantic HMS 
Charter/Headboat category must report all BFT landed under the Angling 
category quota designated at Sec. 635.27 (a) through the NMFS automated 
catch reporting system within 24 hours of the landing. Such reports may 
be made by calling 1-888-872-8862 or by submitting the required 
information over the Internet at: www.nmfspermits.com.
    (2) Billfish and swordfish. Anglers must report all landings of 
Atlantic blue marlin, Atlantic white marlin, Atlantic sailfish and 
North Atlantic swordfish. Except for fish reported through a fishing 
tournament registered with NMFS, anglers must report all landings to 
NMFS by calling 1-800-894-5528 within 24 hours of the landing. A 
reported landing during a tournament must include the species, size, 
date, and place of landing. For telephone reports, an additional 
contact phone number must be provided so that NMFS can provide the 
angler with a confirmation of the reported landing. The landing report 
has not been completed unless the angler has received a confirmation 
number from a NMFS' designee for telephone reports or from the 
tournament operator for a landing made during a registered tournament.
    (3) Alternative recreational catch reporting. Alternative 
recreational catch reporting procedures may be established by NMFS in 
cooperation with states and may include such methodologies as 
telephone, dockside or mail surveys, mail in or phone-in reports, 
tagging programs, or mandatory check-in stations. A census or a 
statistical sample of persons fishing under the recreational fishing 
regulations of this part may be used for these alternative reporting 
programs (after the programs have received Paperwork Reduction Act 
approval from OMB). Persons or vessel owners selected for reporting 
will be notified by NMFS or by the cooperating state agency of the 
requirements and procedures for reporting recreational catch. Each 
person so notified must comply with those requirements and procedures. 
Additionally, NMFS may determine that recreational landing reporting 
systems implemented by the states, if mandatory, at least as 
restrictive, and effectively enforced, are sufficient for recreational 
landing monitoring as required under this part. In such case, NMFS will 
file with the Office of the Federal Register for publication 
notification indicating that compliance with the state system

[[Page 66390]]

satisfies the reporting requirements of paragraph (c) of this section.

    3. In Sec. 635.20, paragraph (a) is revised to read as follows:


Sec. 635.20  Size limits.

    (a) General. The CFL will be the sole criterion for determining the 
size and/or size class of whole (head on) Atlantic tunas. The LJFL will 
be the sole criterion for determining the size of an Atlantic swordfish 
possessed on board, or landed from, a vessel that has not been issued a 
limited access swordfish permit under Sec. 635.4.

    4. In Sec. 635.21, paragraph (d)(4)(iv) is added to read as 
follows:


Sec. 635.21  Gear operation and deployment restrictions.

    (d) * * *
    (4) * * *
    (iv) Except for persons aboard a vessel that has been issued a 
limited access swordfish permit under Sec. 635.4, no person may fish 
for swordfish with, or possess a swordfish taken by, any gear other 
than handline or rod and reel.

    5. In Sec. 635.22, paragraphs (a), (c), and (d) are revised, and 
paragraphs (e) and (f) are added 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, 
to a North Atlantic swordfish taken from or possessed in the Atlantic 
Ocean, and to bluefin and yellowfin tuna taken from or possessed in the 
Atlantic Ocean. The operator of a vessel for which a retention limit 
applies is responsible for the vessel retention limit and for the 
cumulative retention limit based on the number of persons aboard. 
Federal recreational retention limits may not be combined with any 
recreational retention limit applicable in state waters.
    (c) Sharks. One shark from the large coastal, small coastal, or 
pelagic group may be retained per vessel per trip, subject to the size 
limits described in Sec.  635.20(e), and, in addition, one Atlantic 
sharpnose shark may be retained per person per trip. Regardless of the 
length of a trip, no more than one Atlantic sharpnose shark per person 
may be possessed on board a vessel. No prohibited sharks listed in 
table 1(d) of appendix A to this part may be retained. 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 
limited access vessel permit under Sec. 635.4 for Atlantic sharks.
    (d) Yellowfin tuna. Three yellowfin tunas per person per day may be 
retained. Regardless of the length of a trip, no more than three 
yellowfin tuna per person may be possessed on board a vessel. The 
recreational retention limit for yellowfin tuna applies to a person who 
fishes in any manner, except to a person aboard a vessel issued a 
vessel permit under Sec. 635.4 for Atlantic tunas in a category other 
than Angling. The yellowfin tuna retention limit applies to all persons 
aboard a vessel issued an Atlantic Highly Migratory Species Charter/
Headboat permit under Sec.  635.4, including captain and crew.
    (e) Bluefin tuna. Refer to Sec. 635.23 for Atlantic bluefin tuna 
recreational retention limits.
    (f) North Atlantic swordfish. One North Atlantic swordfish per 
vessel per day may be retained. Regardless of the length of a trip, no 
more than one North Atlantic swordfish may be possessed on board a 
vessel. The recreational retention limit for swordfish applies to a 
person who fishes in any manner, except to a person aboard a vessel 
that has been issued a limited access swordfish permit under 
Sec. 635.4.

    6. In Sec. 635.30, paragraph (d) is revised to read as follows:


Sec. 635.30  Possession at sea and landing.

    (d) Swordfish. Except for persons aboard a vessel that has been 
issued a limited access swordfish permit under Sec. 635.4, any person 
who possesses an Atlantic swordfish on board a vessel or who lands an 
Atlantic swordfish in an Atlantic coastal port must maintain such 
swordfish with its head, fins, and bill intact through offloading; 
persons may eviscerate such swordfish, but it must otherwise be 
maintained whole. Persons aboard a fishing vessel that has been issued 
a limited access swordfish permit under Sec. 635.4 must maintain 
Atlantic swordfish in either round or dressed form when possessed on 
board the vessel from the time of capture through offloading in an 
Atlantic coastal port.

    7. In Sec. 635.31, paragraph (b)(2)(ii) is revised and paragraph 
(b)(3) is added to read as follows:


Sec. 635.31  Restrictions on sale and purchase.

    (b) Billfish.
    (2) * * *
    (ii) It is accompanied by a Billfish Certificate of Eligibility 
(COE) form obtained from NMFS or its equivalent that documents that the 
fish was harvested from other than the Atlantic Ocean management unit.
    (A) The Billfish COE required under this section must indicate, in 
English, the name and homeport of the harvesting vessel, and the date 
and port of offloading. Only the purchaser of the billfish from the 
harvesting vessel must complete this information.
    (B) The Billfish COE must be signed and dated by each dealer in 
possession of the product throughout the chain of custody up to but not 
including the consumer. This signature indicates a declaration that the 
billfish were not harvested from the management unit.
    (C) A Billfish COE may refer to billfish taken from only one 
harvesting vessel. If a shipment contains billfish taken from more than 
one vessel, a separate billfish COE must accompany the shipment for 
each harvesting vessel.
    (D) A model Billfish COE can be obtained by contacting the Division 
Chief. An equivalent form may be used provided it contains all of the 
information required under this section.
    (3) For the purposes of this paragraph 635.31(b), a dealer or 
seafood processor means any individual, 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.
[FR Doc. 01-31662 Filed 12-21-01; 8:45 am]
BILLING CODE 3510-22-S