[Federal Register Volume 67, Number 81 (Friday, April 26, 2002)]
[Proposed Rules]
[Pages 20716-20722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10341]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 020325069-2069-01; I.D. 071299C]
RIN 0648-AM91


Atlantic Highly Migratory Species (HMS) Fishing Vessel Permits; 
Charter Boat Operations

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

ACTION: ACTION: Proposed rule; request for comments.

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SUMMARY: Under the framework provisions of the Fishery Management Plan 
for Atlantic Tunas, Swordfish, and Sharks (HMS FMP), NMFS proposes to 
amend the consolidated regulations governing the Atlantic HMS fisheries 
to: define operations and regulations for HMS Charter/Headboats (CHBs), 
require an Atlantic HMS recreational permit, adjust the time frame for 
permit category changes for Atlantic HMS and Atlantic tunas permits, 
clarify the regulations regarding the retention of Atlantic bluefin 
tuna (BFT) in the Gulf of Mexico by recreational and HMS CHB vessels, 
and allow NMFS to set differential BFT retention limits by vessel type 
(e.g., charter boats, headboats). Additionally, NMFS is requesting 
comments on, but not proposing at this time, an extension of the 
existing condition on commercial HMS permits to require that permit 
holders abide by more restrictive Federal regulations regardless of 
whether fishing occurs within or beyond the exclusive economic zone 
(EEZ).
    Public hearings on this proposed rule will be held in May 2002 and 
will be announced in a separate Federal Register document. Comments on 
the proposed rule and supporting documents can be submitted by mail, by 
fax, or electronically through the NMFS e-Comments pilot project web 
site. In addition to comments on the proposed rule and supporting 
documents, comments are also invited on the e-Comments pilot project.

DATES: Comments on the proposed rule and supporting documents must 
reach NMFS on or before May 28, 2002. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before May 28, 2002.

ADDRESSES: Please submit your comments on the proposed rule, supporting 
documents, and the e-Comments pilot project by only one of the 
following means; comments submitted via e-mail will not be accepted:
    (1) By mail to Christopher Rogers, Chief, Highly Migratory Species 
Management Division, Office of Sustainable Fisheries (F/SF1), NMFS, 
1315 East-West Highway, Silver Spring, MD 20910-3282.
    (2) By fax to Christopher Rogers at NMFS at 301-713-1917.
    (3) Electronically through the NMFS e-Comments pilot project web 
site at http://www.nmfs.noaa.gov
    Comments on the burden-hour estimates or other aspects of the 
collection of information that are part of this rulemaking can be 
submitted to NMFS but must also be mailed to the Office of Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503 
(Attention: NOAA Desk Officer).
    Copies of the supporting documents (see SUPPLEMENTARY INFORMATION) 
are available by sending your request to the address and fax number 
listed under (1) and (2), respectively, or by calling (301) 713-2347. 
The supporting documents will also be posted on the e-comments website 
listed under (3).

FOR FURTHER INFORMATION CONTACT: For questions on this proposed rule, 
or on submitting public comments, call Brad McHale at (978) 281-9260.

SUPPLEMENTARY INFORMATION:

Background

    On May 28, 1999, NMFS published the final rule (64 FR 29090) that 
implemented the HMS FMP and Amendment One to the Atlantic Billfish FMP, 
and that consolidated regulations for Atlantic HMS into one CFR part. 
After issuance of the final HMS FMP and publication of the final 
consolidated rule, NMFS received comment that several provisions of the 
regulations were inconsistent with the HMS FMP. Additionally, several 
commenters indicated that activities previously authorized under the 
HMS regulations when issued under separate CFR parts were now 
prohibited under the consolidated format of the regulations. NMFS 
subsequently published a technical amendment to the final consolidated 
regulations (64 FR 37700, July 13, 1999) to correct certain drafting 
errors and omissions that were not consistent with the final HMS FMP. 
However, addressing other more substantive issues raised about 
omissions from, or corrections to, the consolidated regulations 
requires a regulatory amendment under the framework provisions of the 
HMS FMP and the amended Billfish FMP. NMFS issues this proposed rule to 
solicit public comment on the merits and potential impacts of changes 
to the regulations intended to address comments received on the 
consolidated regulations, and to further the objectives of the HMS and 
Billfish FMPs.

Charter/Headboat Operations

    NMFS first required Charter/Headboat permits for Atlantic tunas 
vessels in 1994. Given quota reductions and allocation issues in the 
recreational BFT fisheries, it became necessary to improve inseason 
monitoring of catch, particularly for school BFT. In response, NMFS 
began issuing permits in order to develop a telephone dialing frame for 
a fishing effort survey. Recognizing that charter vessels and headboats 
tend to have higher effort rates than private recreational vessels and, 
on average, higher catch rates, NMFS established a separate permit 
category for the purposes of stratifying the two populations for the 
telephone survey. Issuing separate permits for private and for-hire 
vessels also facilitated the issuance of regulations tailored to the 
unique aspects of each category (e.g., catch limits, sale of fish).
    In developing the HMS FMP, the HMS Advisory Panel (AP) noted the 
significance of the for-hire fleet in the recreational fisheries for 
tunas, billfishes and sharks. The HMS AP recommended that NMFS expand 
the CHB permit program from Atlantic tunas to include vessels targeting 
any HMS so that catch and effort monitoring could be improved, and NMFS 
adopted this permit requirement in the HMS FMP. With all HMS vessels 
included in the permit system, NMFS can now select a more 
representative sample of CHB vessels for the logbook program and 
telephone survey.
    The HMS Charter/Headboat permit is required in lieu of any other 
commercial or recreational category tunas permit, and is considered a 
commercial tunas permit because Atlantic tunas caught by persons aboard 
vessels with this permit may be sold. Given this more restrictive 
statement of the permit requirement (i.e., the HMS Charter/Headboat 
permit

[[Page 20717]]

is the only permit authorized to embark fee-paying anglers), and the 
dual nature of the permit (carrying fee-paying recreational anglers, 
and also allowed to sell tunas), further clarifications to the 
regulations pertaining to charter/headboat operations are needed 
relative to sale of fish, applicability of retention limits and the 
requirements for licensed captains.
    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 specify the circumstances under 
which persons aboard a CHB vessel are subject to the recreational 
retention limits for any HMS. These retention limits are directly 
linked to how a for-hire trip on a CHB is defined. Such designation is 
practical for BFT because the quota categories are related to size 
classes of fish, thus the size of the fish itself determines authorized 
catch limits and disposition (i.e., sold or retained for personal 
consumption). However, in certain situations, the consolidated 
regulations are not clear with respect to catch limits, size limits and 
authorized disposition applicable to sharks and yellowfin tuna (YFT) 
taken aboard vessels issued HMS Charter/Headboat permits.
    In a technical amendment to the consolidated regulations, NMFS 
clarified that the recreational retention limit of three YFT per person 
per day applies at all times to persons fishing aboard vessels 
permitted in the Atlantic tunas Charter/Headboat category, now the 
Atlantic HMS Charter/Headboat permit. While the Atlantic HMS Charter/
Headboat permit is classified as a commercial tuna permit, and YFT 
landed by persons aboard such vessels may be sold to permitted dealers, 
the number of YFT landed cannot exceed three times the number of 
persons aboard, including captain and crew.
    Since the technical amendment was issued, NMFS has received comment 
that applying the YFT retention limit at all times precludes legitimate 
commercial activity when the vessels are not carrying fee-paying 
anglers. These commenters have indicated that a few dozen charter 
vessels in the Mid-Atlantic region have historically conducted 
commercial fishing trips for YFT when not operating as a for-hire 
vessel. Further, these commenters noted that the HMS FMP did not 
specifically address commercial fishing by the for-hire fleet and its 
supporting analyses did not consider the impacts of prohibiting such 
commercial fishing on a part-time basis.
    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 tunas taken by those anglers. Additionally, some of 
these vessels may, when not operating as a CHB, directly engage in 
commercial tuna fishing operations. Therefore, consistent with other 
regulations issued under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson Stevens Act), NMFS proposes 
to define a for-hire trip as a trip carrying a passenger who pays a fee 
and/or having a specified number of persons aboard: More than three 
persons for a vessel licensed to carry six or fewer; more than the 
required number of crew for an inspected vessel. Therefore, these trips 
would be considered for-hire recreational trips and recreational 
retention limits would apply. Trips where a vessel carries three or 
fewer passengers, or fewer that the required number of crew for an 
inspected vessel, would be considered commercial and commercial 
retention limits would apply. Under this proposal the recreational YFT 
retention limit would apply to vessels issued an HMS Charter/Headboat 
permit only when such vessels are engaged in a for-hire trip.
    NMFS also proposes to authorize retention of sharks under the 
recreational catch limits by persons aboard vessels issued limited 
access permits for sharks after a closure of any shark management group 
if the vessel has also been issued an HMS Charter/Headboat permit and 
is engaged in a for-hire fishing trip. In such case, it would be 
required that the recreational landing and size limits be observed, 
that the sharks be landed in whole form, and that the sharks not be 
sold. If the fisheries for all shark species groups are open, vessels 
that possess a limited access permit for sharks and an HMS Charter/
Headboat permit would be subject to the recreational retention limits 
for sharks when engaged in a for-hire fishing trip, but the shark(s) 
may be sold.
    On December 26, 2001, NMFS published proposed regulations to 
establish a recreational retention limit for North Atlantic swordfish 
(66 FR 66390). If a recreational retention for North Atlantic swordfish 
were adopted, the application of the retention limit to vessels with 
both swordfish Handgear and HMS CHB permits would be similar to those 
vessel with shark limited access and HMS Charter/Headboat permits. Such 
vessels would be subject to the recreational retention limits when 
engaged in a for-hire fishing trip, and the North Atlantic swordfish 
could be sold if the directed fishery quota were open, but could not be 
sold if the directed fishery quota were closed. Directed and Incidental 
swordfish limited access permits are only valid if the vessel also 
possesses a valid Atlantic tunas Longline category permit, which means 
that the vessel could not possess an Atlantic HMS Charter/Headboat 
permit and could not be engaged in for-hire fishing.

Atlantic HMS Angling Vessel Permits

    Current HMS regulations require that vessels fishing recreationally 
for Atlantic tunas obtain an Atlantic Tunas Angling Category permit. 
This proposed rule would extend the permit requirement to all 
recreational vessels fishing for any HMS regulated under the HMS and 
Billfish FMPs.
    This proposed action would provide NMFS with a complete list of 
recreational vessels participating in the fisheries for Atlantic HMS. 
Knowing the universe of vessels participating in the recreational 
fisheries for HMS would enable NMFS to monitor recreational landings 
and catch and release statistics more accurately, thereby enhancing HMS 
management and research efforts. The total universe of recreational 
fishermen in the HMS fisheries, and their effort, catch and bycatch 
(including discards) is presently unknown. Estimates of some of these 
parameters are currently made using surveys, such as the Large Pelagic 
Survey and the Marine Recreational Fisheries Statistics Survey, as well 
as reporting from registered HMS tournaments. An HMS recreational 
permit system would greatly improve information available to NMFS 
regarding the recreational HMS fisheries by providing an accurate 
measure of participation, effort, catch and bycatch (including 
discards) from one of its most significant components.
    A measure requiring permits for recreational HMS vessels would 
increase the regulatory burden on recreational fishermen by requiring 
that they participate in an annual permit process. However, the 
regulatory burden for both anglers and NMFS should be significantly 
reduced by incorporating the existing HMS recreational permitting 
requirement (Angling category permit for Atlantic tunas) into the 
expanded permit requirement. Many saltwater fishermen target more than 
one HMS during a single trip or throughout the fishing season; for 
example, some who target billfish also catch large pelagic species like 
tuna and sharks.
    The universe of affected anglers could include the following: The 
nearly

[[Page 20718]]

13,000 vessels currently permitted in the Atlantic tunas Angling 
(recreational) category, approximately 10,000 billfish anglers (minimum 
estimate based on the number of billfish tournament anglers from Fisher 
and Ditton, 1992), and vessels engaged solely in recreational shark or 
swordfish fishing. The number of vessels associated with the 10,000 
billfish anglers, as well as the extent of the overlap between billfish 
vessels, recreational shark and swordfish vessels, and (already 
permitted) tuna vessels is unknown, but the overlap is likely 
significant. Thus, the universe of affected vessel owners is likely to 
be smaller than the sum of the above estimates, as only one permit 
would be required for participation in any HMS recreational fishery. 
Annual permit issuance/renewal would not have a significant impact on 
HMS anglers. The renewal process would be the same automated system 
currently in effect for Atlantic tunas permits, reducing paperwork and 
mailing time for forms.

Jurisdictional Issues Related to HMS Permits

    Through prior rulemaking, NMFS has implemented a condition on shark 
and swordfish permits that requires persons aboard permitted vessels to 
adhere to Federal regulations without regard to whether fishing 
activity occurs within or outside the EEZ (see 50 CFR 635.4(a)(1)). 
Such a condition is deemed necessary to ensure that the management 
objectives of the HMS FMP are met in recognition of the inherent 
mobility of the fish species and the fishing vessels. The permit 
condition was initially applied only to commercial fishing vessels 
because recreational vessels were not required to be permitted in the 
swordfish and shark fisheries. Additionally, although recreational tuna 
permits have been required for some time, tuna regulations were 
previously determined to be applicable outside the EEZ (i.e., the high 
seas and waters under State jurisdiction) under the authority of ATCA, 
thus not requiring a specific permit condition. Given that NMFS has 
since implemented an Atlantic HMS vessel permit for the Charter/
Headboat category, and proposes in this rulemaking document that a 
permit be required for private recreational vessels fishing for tunas, 
swordfish, sharks or billfish, NMFS is considering the merits of 
applying a permit condition to all Atlantic HMS vessel permits, in both 
commercial and recreational categories. Such a condition would not 
supersede more restrictive regulations in waters under the jurisdiction 
of any State, but would help ensure that the activity of all vessels 
issued Federal permits would conform to the requirements of the HMS and 
Billfish FMPs throughout the range of the species in the respective 
management units. NMFS requests comments from the public on the merits 
and potential impacts of extending the permit condition across all HMS 
fisheries.

BFT Fisheries in the Gulf of Mexico

    In 1982, the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) recommended a ban on directed fishing for 
bluefin tuna in the Gulf of Mexico to protect the spawning stock. This 
action primarily impacted Japanese longline fishermen in the area, as 
U.S. longline gear had already been prohibited from targeting bluefin 
tuna in the Gulf of Mexico since 1981. NMFS issued additional 
regulations in 1983 to subdivide the Incidental BFT quota for longline 
fishermen, and to allow the retention of one giant BFT per year by 
vessels using rod and reel gear (48 FR 27745, June 17, 1983). No other 
handgear-caught BFT could be retained in the Gulf of Mexico, and the 
one giant ``incidental'' rod and reel-caught BFT could not be sold. The 
annual limit of one giant (large-medium or giant since 1992) BFT per 
vessel for handgear vessels in the Gulf of Mexico is still in place, 
and is now part of the BFT Angling category ``trophy'' quota.
    The 1999 consolidation of the HMS regulations into one CFR part 
resulted in the BFT Angling category retention limit regulations for 
the Gulf of Mexico being unclear. NMFS has received comment that the 
current regulations under Sec. 635.23(b) and (c) could be interpreted 
to mean that in the Gulf of Mexico, Angling category vessels may retain 
school, large-school, and small medium BFT subject to the retention 
limits in place at the time, while CHBs may not. This rule would modify 
the regulations to clarify that the only BFT that could be retained by 
Angling category and CHB vessels in the Gulf of Mexico is one large 
medium or giant BFT per vessel per year, caught incidentally while 
fishing for other species.

Change of Tuna Permit Category

    Current regulations allow Atlantic tunas permit holders to change 
their vessel permit category only once per year, and that change must 
occur before May 15. These regulations are meant to prevent vessels 
from landing BFT in more than one quota category in a single fishing 
year. Atlantic tunas and Atlantic HMS CHB permits can now be obtained 
within minutes, 24 hours a day, 7 days a week, via the Internet. 
Because of the instant availability, NMFS proposes to allow the one 
permit category change to occur until the first day of the fishing 
year, June 1. In addition, NMFS proposes to allow the one permit 
category change to occur after June 1, so long as it occurs with the 
renewal or initial application for the current fishing year. For 
example, under current regulations, if a person purchased a vessel that 
had permitted in the General category in previous years, the vessel 
would have to remain in the General category if the new owner applied 
for a permit after May 15. Under the proposed regulations, the new 
owner could choose the appropriate permit or permit category at the 
time of application, regardless of the time of year and in which 
category the vessel was permitted the previous fishing year.

Adjustments to BFT Retention Limits by Vessel Type

    Under the current HMS regulations, NMFS has the authority to adjust 
the BFT retention limits during the fishing season to maximize 
utilization of the quota for BFT. When vessels permitted in the HMS CHB 
category are fishing under the Angling category BFT quota, the same 
retention limits apply whether the vessel is operating as a charter 
boat with one passenger, or a headboat carrying 30 passengers. With the 
BFT retention limits generally defined in terms of the number of BFT 
that can be retained per vessel, the current situation can be 
inequitable for Coast Guard inspected vessels authorized to carry a 
larger number of passengers, as their limit is set at the same amount 
of BFT as a vessel with a charter of two to six anglers. Prior to the 
1999 consolidation of the HMS regulations into one CFR part, the 
Atlantic tunas regulations included explicit provisions for NMFS to set 
differential retention limits by vessel type (e.g., charter boat vs. 
headboat), but this explicit authority was (unintentionally) not 
maintained in the consolidated regulations. This proposed rule would 
modify the HMS regulation to clarify that NMFS has the authority to set 
differential BFT retention limits by vessel type, so that NMFS could 
adjust the retention limits to provide equitable fishing opportunities 
for all fishing vessels, throughout the fishery.

E-Comments Pilot Project

    NMFS encourages the public to participate in this proposed 
rulemaking by submitting comments. To this end, NMFS is accepting 
comments by submitted mail, fax, and the Internet as part of its e-
Comments pilot project (see ADDRESSES). The e-Comments pilot

[[Page 20719]]

project is designed to introduce electronic rulemaking to NMFS an its 
constituents. The public is encouraged to use the new web site to 
compose and submit comments on this proposed rule and the associated 
supporting documents to help NMFS fully evaluate this new technology. 
In submitting comments, please include your name and address, indicate 
if you are commenting on the proposed rule or other rulemaking 
documents, and give the reason for each comment. If you are commenting 
on the proposed rule, indicate to which specific section each comment 
applies. Comments on the burden-hour estimates or other aspects of the 
collection of information that are part of this rulemaking can be 
submitted to NMFS but must also be mailed to OMB (see ADDRESSES). NMFS 
also invites public comments on the e-Comments program that allows you 
to submit your comments on line. Copies of the supporting documents 
including the HMS FMP, the final regulations to implement the HMS FMP 
(64 FR 29090, May 28, 1999), the technical amendment to the final 
regulations (64 FR 37700, July 13, 1999), and the latest Stock 
Assessment and Fishery Evaluation Report are available by request (see 
ADDRESSES) or on-line at http://www.nmfs.noaa.gov. NMFS will consider 
all comments received during the comment period, regardless of how they 
were submitted, and NMFS may make changes in the final rule in 
consideration of them. Please submit your comments by only one means. 
Comments received from the public will become part of the public record 
and will be posted on the e-Comments web site after the comment period 
closes.

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and the Atlantic Tunas 
Convention Act, 16 U.S.C. 971 et seq. The Assistant Administrator (AA) 
for Fisheries, NOAA, has preliminarily determined that the regulations 
contained in this proposed rule are necessary to implement the 
recommendations of ICCAT and are necessary for management of the 
Atlantic HMS fisheries.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed regulations, if implemented, would not 
have a significant economic impact on a substantial number of small 
entities as follows:
    The proposed action would amend the HMS regulations to clarify 
regulations regarding the sale of fish and applicability of daily 
catch limits on board vessels permitted in the HMS charter/Headboat 
(CHB) permit category. This proposed rule would also implement an 
Atlantic HMS recreational vessel permit, adjust the time frame for 
permit category changes for Atlantic HMS and Atlantic tunas permits, 
clarify the regulations regarding the retention of Atlantic bluefin 
tuna (BFT) in the Gulf of Mexico by recreational and HMS CHB vessels 
and allow NMFS to adjust BFT retention limits by vessel type. NMFS 
conducted a preliminary economic evaluation of the proposed 
measures, and, because the proposed measures would allow increased 
landings of YFT, revenues for the commercial handgear yellowfin tuna 
(YFT) fishery would increase slightly (3.6 percent). The proposed 
measures would not negatively affect the revenues of any small 
entities in the fishery, and the measures would not alter current 
fishing practices. Additionally, NMFS is requesting comments on, but 
not proposing at this time, an extension of the existing condition 
on commercial swordfish and shark permits to include other Atlantic 
HMS permits. The condition requires that permit holders abide by 
more restrictive Federal regulations regardless of whether fishing 
occurs within or beyond the EEZ. NMFS requests comment primarily to 
gauge the potential impacts on fishing activity in waters under 
State jurisdiction where regulated Atlantic HMS occasionally do 
occur. As NMFS is only requesting comment at this time, there is no 
direct impact on fishery participants. Comments will assist NMFS in 
assessing impacts under the Regulatory Flexibility Act when and if 
such a permit condition is proposed.
    Because of this certification, an Initial Regulatory Flexibility 
Analysis was not prepared.
    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. The EA presents 
analyses of the anticipated impacts of these proposed regulations and 
the other alternatives considered. A copy of the EA and other 
analytical documents prepared for this proposed rule are available from 
NMFS (see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    On September 7, 2000, NMFS reinitiated formal consultation for all 
HMS commercial fisheries under section 7 of the Endangered Species Act. 
A Biological Opinion (BiOp) issued June 14, 2001, concluded that 
continued operation of the Atlantic pelagic longline fishery is likely 
to jeopardize the continued existence of endangered and threatened sea 
turtle species under NMFS jurisdiction. NMFS is currently implementing 
the reasonable and prudent alternative required by the BiOp. None of 
the actions in this proposed rule would have any additional impact on 
sea turtles as these actions would not likely increase or decrease 
pelagic longline effort, nor are they expected to shift effort into 
other fishing areas. No irreversible or irretrievable commitments of 
resources are expected from this proposed action that would have the 
effect of foreclosing the implementation of the requirements of the 
BiOp.
    This proposed rule contains two new collection-of-information 
requirements 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). The new requirements 
have been submitted to OMB for approval.
    The new requirement that has been submitted to OMB for approval is 
an extension of the Atlantic tunas recreational Angling category permit 
requirement to include fishermen who fish for all Atlantic HMS, 
including swordfish, sharks, and billfish, with an estimated public 
reporting burden of 30 minutes per response for initial permit 
applications, and 5 minutes per response for renewing the permit. 
Persons acquiring this permit who were not previously subject to a 
permit requirement may also be subject to existing gear-marking 
requirements. The extension of this requirement, estimated to take 15 
minutes per float marked, has also been submitted to OMB for approval. 
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 proposed 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: vessel permits for Atlantic tunas and 
Atlantic HMS Charter/headboats, initial (30 minutes; 0648-0327) and 
renewal (6 minutes; 0648-327); vessel permits for Atlantic shark and 
swordfish (20 minutes; 0648-0205); dealer permits for Atlantic sharks 
and swordfish (5 minutes; 0648-0205); call in recreational landing 
reports for Atlantic bluefin tuna (5 minutes; 0648-0328); dealer 
permits for Atlantic tunas (5 minutes; 0648-0202); gear marking (15 
minutes; 0648-0373); and vessel marking (45 minutes; 0648-0373).

[[Page 20720]]

    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. 
Public comment is sought regarding: (1) the need for the proposed 
collection of information for the proper performance of the functions 
of the agency, including the practical utility of the information; (2) 
the accuracy of the burden estimate; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) 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 to OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 635

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

    Dated: April 23, 2002.
John Oliver,
Deputy Assistant Administrator for Operations, 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. 635.2, the definition for ``For-hire trip'' is added, in 
alphabetical order, to read as follows:


Sec. 635.2  Definitions.

* * * * *
    For-hire trip means a recreational fishing trip taken by a vessel 
with an Atlantic HMS Charter/Headboat permit during which paying 
passenger(s) are aboard; or, for uninspected vessels, during which 
there are more than three persons on board, including operator and 
crew; or, for vessels that have been issued a Certificate of Inspection 
by the U.S. Coast Guard to carry passengers for hire, during which 
there are more persons aboard than the number of crew specified on the 
vessel's Certificate of Inspection.
* * * * *

    3. In Sec. 635.4, paragraphs (a)(2), (a)(5), (b), (d) heading, 
(d)(1) through (d)(3), (h)(1) heading, and (m)(1) are revised to read 
as follows:


Sec. 635.4  Permits and fees.

* * * * *
    (a) * * *
    (2) Vessel permit inspection. The owner or operator of a vessel of 
the United States must have the appropriate valid permit on board the 
vessel to fish for, take, retain, or possess Atlantic HMS when engaged 
in recreational fishing, and to fish for, take, retain or possess 
Atlantic tunas, swordfish, or sharks when engaged in commercial 
fishing. The vessel operator must make such permit available for 
inspection upon request by NMFS or a person authorized by NMFS. The 
owner of the vessel is responsible for satisfying all of the 
requirements associated with obtaining, maintaining, and making 
available for inspection, all valid vessel permits.
* * * * *
    (5) Display upon offloading. Upon transfer of Atlantic HMS, the 
owner or operator of the harvesting vessel must present for inspection 
the vessel's Atlantic HMS Charter/Headboat permit, or Atlantic tunas, 
shark, or swordfish permit to the receiving dealer. The permit must be 
presented prior to completing any applicable landing report specified 
at Sec. 635.5(a)(1), (a)(2) and (b)(2)(i).
* * * * *
    (b) HMS Angling Category and Charter/Headboat Permits--(1) HMS 
Angling Category permits. The owner of each vessel used to fish 
recreationally for Atlantic HMS or on which Atlantic HMS are retained 
or possessed, must obtain, in addition to any other required permits, 
an HMS Angling permit. Atlantic HMS caught, retained, possessed, or 
landed by persons on board vessels with an Atlantic HMS Angling permit 
may not be sold or transferred to any person for a commercial purpose. 
A vessel issued an Atlantic HMS Angling permit, during such permit's 
period of validity, shall not be issued an Atlantic tunas permit in any 
other category.
    (2) HMS Charter/Headboat Category permits. (i) The owner of a 
charter boat or headboat used to fish for, take, retain, or possess any 
Atlantic HMS must obtain an HMS Charter/Headboat permit. A vessel 
issued an Atlantic HMS Charter/Headboat permit, during such permit's 
period of validity, shall not be issued an Atlantic tunas permit in any 
category.
    (ii) While persons aboard a vessel that has been issued an HMS 
Charter/Headboat permit are fishing for or are in possession of 
Atlantic HMS, the operator of the vessel must have a valid Merchant 
Marine License or Uninspected Passenger Vessel License, as applicable, 
issued by the U.S. Coast Guard pursuant to regulations at 46 CFR part 
10. Such Coast Guard license must be carried on board the vessel.
* * * * *
    (d)Atlantic tunas, Atlantic HMS Angling, and Atlantic HMS Charter/
Headboat vessel permits. (1) The owner of each vessel used to fish for 
or take Atlantic tunas or on which Atlantic tunas are retained or 
possessed must obtain, in addition to any other required permits, an 
HMS Angling or HMS Charter/Headboat permit issued under paragraph (b) 
of this section, or an Atlantic tunas permit in one, and only one, of 
the following categories: General, Harpoon, Longline, Purse Seine, or 
Trap.
    (2) Persons aboard a vessel with a valid Atlantic tunas, HMS 
Angling, or HMS Charter/Headboat permit may fish for, take, retain, or 
possess Atlantic tunas, but only in compliance with the quotas, catch 
limits, size classes, and gear applicable to the permit category of the 
vessel from which he or she is fishing. Persons may sell Atlantic tunas 
only if the harvesting vessel has a valid permit in the General, 
Harpoon, Longline, Purse Seine, or Trap category of the Atlantic tunas 
permit or a valid HMS Charter/Headboat permit. Persons may not sell 
Atlantic tunas caught on board a vessel issued an Atlantic HMS Angling 
permit.
    (3) Except for vessels with an Atlantic tunas purse seine category 
permit, a vessel owner may change the category of the vessel's Atlantic 
tunas permit, change between an Atlantic HMS Angling or HMS Charter/
Headboat permit, or change between an Atlantic tunas permit and an 
Atlantic HMS Angling or HMS Charter/Headboat permit no more than once 
each year and only from April 1 to May 31. At all other times, the 
vessel's permit or permit category may not be changed, regardless of a 
change in the vessel's ownership. A vessel's permit or permit category 
change will be allowed outside of April 1 to May 31 if it occurs in 
conjunction with the permit renewal.
* * * * *
    (h) * * *
    (1)Atlantic tunas, Atlantic HMS Angling, and Atlantic HMS Charter/
Headboat vessel permits. * * *
* * * * *
    (m) Renewal--(l) General. Persons must apply annually for a dealer 
permit for Atlantic tunas, sharks, and swordfish, and for an Atlantic 
HMS

[[Page 20721]]

Angling, HMS Charter/Headboat, tunas, shark, or swordfish 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.
* * * * *

    4. In Sec. 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 HMS 
Angling or 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. * * *
* * * * *

    5. In Sec. 635.6, paragraph (b)(1) introductory text, and paragraph 
(c)(1) 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 an Atlantic 
HMS Angling permit, must display the vessel number --
* * * * *
    (c) Gear identification. (1) The owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4 and that uses a 
handline, harpoon, longline, or gillnet, must display the vessel's 
name, registration number or Atlantic tunas, HMS Angling, or HMS 
Charter/Headboat permit number on each float attached to a handline or 
harpoon and on the terminal floats and high-flyers (if applicable) on a 
longline or gillnet used by the vessel.
* * * * *

    6. In Sec. 635.22, paragraphs (a), (c), and (d) are revised to read 
as follows:


Sec. 635.22  Recreational retention limits.

    (a) General. Atlantic HMS caught, possessed, retained, or landed 
under these recreational retention limits may not sold or transferred 
to any person for a commercial purpose. 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.
* * * * *
    (c) Sharks. One shark from either 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 an 
Atlantic shark permit under Sec. 635.4. If an Atlantic shark quota is 
closed, the recreational retention limit for sharks also applies to 
persons aboard a vessel issued an Atlantic shark permit under 
Sec. 635.4, if that vessel also possesses an Atlantic HMS Charter/
Headboat permit issued under Sec. 635.4 and is engaged in a for-hire 
trip.
    (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 that has been 
issued an Atlantic tunas vessel permit under Sec. 635.4. The 
recreational retention limit for yellowfin tuna applies to persons 
aboard a vessel that has been issued an Atlantic HMS Charter/Headboat 
permit only when the vessel is engaged in a for-hire trip.
* * * * *

    7. In Sec. 635.23, paragraphs (b) introductory text, (b)(2), 
(b)(3), (c) introductory text, and (c)(3) are revised to read as 
follows:


Sec. 635.23  Retention limits for BFT.

* * * * *
    (b) Angling category. BFT may be retained and landed under the 
daily limits and quotas applicable to the Angling category by persons 
aboard vessels with Atlantic HMS Angling permits as follows:
* * * * *
    (2) School, large school, or small medium BFT. (i) No school, large 
school, or small medium BFT may be retained, possessed, landed, or sold 
in the Gulf of Mexico.
    (ii) One school, large school, or small medium BFT per vessel per 
day may be retained, possessed, or landed outside the Gulf of Mexico. 
Regardless of the length of a trip, no more than a single day's 
allowable catch of school, large school, or small medium BFT may be 
possessed or retained.
    (3) Changes to retention limits. To provide for maximum utilization 
of the quota for BFT spread over the longest period of time, NMFS may 
increase or decrease the retention limit for any size class BFT or 
change a vessel trip limit to an angler limit and vice versa. Such 
increase or decrease will be based on a review of daily landing trends, 
availability of the species on the fishing grounds, and any other 
relevant factors. NMFS may also set a separate retention limit for 
persons aboard a specific vessel type, such as headboats or charter 
boats, fishing under the Angling category quota. NMFS will adjust the 
daily retention limit specified in paragraph (b)(2) of this section by 
filing with the Office of the Federal Register for publication 
notification of the adjustment. Such adjustment will not be effective 
until at least 3 calendar days after notification is filed with the 
Office of the Federal Register for publication.
    (c) HMS Charter/Headboat. Persons aboard a vessels with an Atlantic 
HMS Charter/Headboat permit may retain and land BFT under the daily 
limits and quotas applicable to the Angling category or the General 
category as follows:
* * * * *
    (3) When fishing other than in the Gulf of Mexico and when the 
fishery under the General category has not been closed under 
Sec. 635.28, a person aboard a vessel that has an Atlantic HMS Charter/
Headboat permit may fish under either the retention limits applicable 
to the General category specified in paragraphs (a)(2) and (a)(3) of 
this section or the retention limits applicable to the Angling category 
specified in paragraphs (b)(2) and (b)(3) of this section. The size 
category of the first BFT retained will determine the fishing category 
applicable to the vessel that day.
* * * * *

    8. In Sec. 635.27, the first three sentences of paragraph (a) 
introductory text, the

[[Page 20722]]

first two sentences of paragraph (a)(1)(i), and the first sentence of 
paragraph (a)(2) are revised to read as follows:


Sec. 635.27  Quotas.

    (a) BFT. Consistent with ICCAT recommendations, NMFS will subtract 
any allowance for dead discards from the fishing year's total U.S. 
quota for BFT that can be caught and allocate the remainder to be 
retained, possessed, or landed by persons and vessels subject to U.S. 
jurisdiction. The total landing quota will be divided among the 
General, Angling, Harpoon, Purse Seine, Longline, and Trap categories. 
Consistent with these allocations and other applicable restrictions of 
this part, BFT may be taken by persons aboard vessels issued Atlantic 
tunas permits, HMS Angling permits, or HMS Charter/Headboat permits. * 
* *
    (1) * * *
    (i) Catches from vessels for which General category Atlantic tunas 
permits have been issued and certain catches from vessels for which an 
HMS Charter/Headboat permit has been issued are counted against the 
General category landings quota. See Sec. 635.23 (c)(3) regarding 
landings by vessels with an HMS Charter/Headboat permit that are 
counted against the General category landings quota. * * *
    (2)Angling category landings quota. The total amount of BFT that 
may be caught, retained, possessed, and landed by anglers aboard 
vessels for which an HMS Angling permit or an HMS Charter/Headboat 
permit has been issued is 19.7 percent of the overall annual U.S. BFT 
landings quota. * * *
* * * * *

    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 LAP pursuant to Sec. 635.4 may not possess or 
sell a shark of that species group, except under the conditions in 
Sec. 635.22 (a) and (c), and a permitted shark dealer may not purchase 
or receive a shark of that species group from a vessel issued a shark 
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. 635.31, paragraph (a)(1) is revised to read as follows:


Sec. 635.31  Restrictions on sale and purchase.

    (a) Atlantic tunas. (1) Persons that own or operate a vessel from 
which an Atlantic tuna is landed may sell such Atlantic tuna only if 
that vessel has a valid Atlantic HMS Charter/Headboat permit, or a 
General, Harpoon, Longline, Purse Seine, or Trap category permit for 
Atlantic tunas issued under this part. Persons may not sell a BFT 
smaller than the large medium size class. However, a large medium or 
giant BFT taken by a person on a vessel with an Atlantic HMS Charter/
Headboat permit fishing in the Gulf of Mexico at any time, or fishing 
outside the Gulf of Mexico when the fishery under the General category 
has been closed, may not be sold (see Sec. 635.23(c)). Persons may sell 
Atlantic tunas only to a dealer that has a valid permit for purchasing 
Atlantic tunas issued under this part.
* * * * *

    11. In Sec. 635.71, paragraphs (b)(1), (b)(3), (b)(14), and 
(b)(15), are revised to read as follows:


Sec. 635.71  Prohibitions.

* * * * *
    (b) * * *
    (1) Engage in fishing with a vessel that has a permit to fish for 
Atlantic tunas under Sec. 635.4, unless the vessel travels to and from 
the area where it will be fishing under its own power and the person 
operating that vessel brings any BFT under control (secured to the 
catching vessel, and, if the case, brought on board) with no assistance 
from another vessel, except as shown by the operator that the safety of 
the vessel or its crew was jeopardized or other circumstances existed 
that were beyond the control of the operator.
* * * * *
    (3) Fish for, catch, retain, or possess a BFT less than the large 
medium size class by a vessel other than one that has on board an 
Atlantic HMS Angling permit, an HMS Charter/Headboat permit, or an 
Atlantic tunas Purse Seine category permit as authorized under 
Sec. 635.23 (b), (c), and (e)(2).
* * * * *
    (14) As a vessel with an Atlantic HMS Angling permit or an HMS 
Charter/Headboat permit, fail to immediately cease fishing and 
immediately return to port after catching a large medium or giant BFT 
or fail to report such catch, as specified in Sec. 635.23(b)(1)(iii) 
and (c)(1) through (c)(3).
    (15) As a vessel with an Atlantic HMS Angling permit or an HMS 
Charter/Headboat permit, sell, offer for sale, or attempt to sell a 
large medium or giant BFT after fishing under the circumstances 
specified in Sec. 635.23(b)(1)(iii) and (c)(1) through (3).
* * * * *
[FR Doc. 02-10341 Filed 4-23-02; 4:12 pm]
BILLING CODE 3510-22-S