[Federal Register Volume 67, Number 224 (Wednesday, November 20, 2002)]
[Rules and Regulations]
[Pages 70023-70027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29509]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 011029263-2255-02; I.D. 010201A]
RIN 0648-AO93


Atlantic Highly Migratory Species; Quotas and Fishing Areas; 
Trade Monitoring

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to amend the regulations governing 
the Atlantic swordfish fishery to implement recommendations adopted at 
the 2000 meeting of the International Commission for the Conservation 
of Atlantic Tunas (ICCAT). To facilitate a future 400 metric ton (mt), 
one-time quota transfer to Japan and to amend the procedures by which 
any reserve quota will be appropriated to other fishing categories, 
NMFS establishes a reserve quota for North Atlantic swordfish. This 
final rule also maintains the status quo South Atlantic swordfish, 
North Atlantic albacore, and South Atlantic albacore quotas for 2001; 
and prohibits imports of Atlantic bigeye tuna harvested by certain 
countries. NMFS also reinstates regulations inadvertently removed 
during regulatory consolidation that would prohibit persons and vessels 
subject to the jurisdiction of the United States from possessing fish 
taken in violation of ICCAT recommendations or from violating another 
country's fisheries regulations pertaining to species managed by ICCAT. 
Finally, NMFS corrects existing trade restrictions to facilitate the 
enforcement of the swordfish dead discard allowance and to better 
monitor the importation of swordfish from designated countries. The 
intent of these actions is to improve the conservation of Atlantic 
highly migratory species (HMS) and to improve management of the 
fisheries targeting these species, while allowing harvest and trade 
consistent with recommendations of ICCAT.

DATES: All provisions of this final rule are effective December 20, 
2002.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review supporting this action may be obtained from Tyson Kade, Highly 
Migratory Species Management Division, F/SF1, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910 or on the Web site at 
www.nmfs.noaa.gov/sfa/hmspg.html.

FOR FURTHER INFORMATION CONTACT: Tyson Kade, by phone: 301-713-2347; by 
fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: The U.S. Atlantic swordfish fishery and the 
tuna fisheries are managed under the Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks (HMS FMP) and regulations at 50 
CFR part 635 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 
et seq. and the Atlantic Tunas Convention Act (ATCA), 16 U.S.C. 971 et 
seq. Regulations issued under the authority of ATCA carry out the 
recommendations of ICCAT. The November 15, 2001, proposed rule (66 FR 
57409) contains the background information for these promulgated 
measures and that information is not repeated here.
    The 2000 ICCAT recommendation relating to the Atlantic bigeye tuna 
import prohibitions for Belize, Cambodia, Equatorial Guinea, and St.

[[Page 70024]]

Vincent and the Grenadines is implemented herein. The recommendation 
indicates that the import prohibition on Atlantic bigeye tuna and its 
products in any form from Honduras shall take effect on January 1, 
2002, unless ICCAT decided otherwise at its 2001 meeting. In 2001, 
ICCAT did not come to consensus to not impose the import prohibitions 
scheduled to go in effect in January 2002. There was no decision 
concerning whether Honduras had brought its fishing practices into 
conformity with ICCAT conservation and management measures and whether 
trade restrictions on Honduras should be removed. At the 2002 ICCAT 
meeting, it was recommended that the ban on imports of bigeye tuna from 
Honduras be lifted. Pending a review of the 2002 ICCAT recommendations 
and an assessment of the need for further rulemaking, NOAA Fisheries is 
not finalizing the trade sanctions with regards to Honduras that had 
been included in the proposed rule.

Comments and Responses

    NMFS held three public hearings in November and December 2001 in 
Fort Lauderdale, FL; Fairhaven, MA; and Barnegat Light, NJ. Comments 
were received from fishery participants and other members of the public 
regarding the proposed regulations. In addition, two written comments 
were submitted to NMFS during the 45-day comment period. The comments 
are summarized here together with responses.

Reserve Quota

    Comment 1: One commenter supports the 400-mt quota transfer as a 
one-time transfer from the Incidental category to a reserve quota as a 
short-term solution for the United States to retain its unharvested 
quota under U.S. authority. Several commenters opposed the 
establishment of a reserve for under-harvested quota. One commenter was 
disappointed that the quota to fill the new reserve would be unused 
directed fishery quota instead of incidental quota which was agreed to 
by industry at the 2000 ICCAT meeting.
    Response: NMFS will carry over unused directed and incidental quota 
as is currently authorized in the regulations, except if a reserve 
quota is needed for a specific reason. Recently, NMFS carried over 
unused 1999 directed and incidental quota and allocated it to the 
incidental quota for the 2001 fishing year. Because the directed 
fishery is not harvesting its allocated quota, it will not affect 
fishery participants to fill the reserve quota with unused directed 
quota from the past.
    Comment 2: We should not transfer quota free of charge for use by 
other ICCAT countries. We should sell them quota, as is currently being 
done elsewhere.
    Response: As part of its allocation criteria, ICCAT prohibits 
participating countries from trading or selling their quota allocation. 
Goodwill transfers such as this one may result in increased research 
and cooperation with respect to all ICCAT-managed species. Further, the 
environmental benefits are substantial because they facilitate 
maintaining compliance with the ICCAT rebuilding plan.
    Comment 3: The regulations need to clarify if establishing a 
reserve quota category is intended to represent a one-time quota 
transfer or if the reserve category would be replenished in the future 
by unused quota from other categories (e.g, unused incidental quota).
    Response: The reserve category is established permanently and 
could, but would not necessarily, be replenished in the future. This 
rule does not place a standard amount of quota into that category 
annually.
    Comment 4: Underharvests in the incidental catch quota category 
should be transferred to the directed fishery quota.
    Response: NMFS will consider the need for underharvests of the 
incidental catch quota to be allocated to the directed fishery 
following each fishing year. Because the directed fishery is currently 
not catching its quota allocation, transferring unused quota to that 
category may only serve to increase the amount of quota left 
unharvested. By transferring unharvested quota to the reserve quota 
category, NMFS could apply the unused quota to the incidental catch or 
directed catch categories as necessary or for other purposes consistent 
with ICCAT recommendations and objectives of the HMS FMP.

South Atlantic Swordfish

    Comment 5: NMFS should interpret ICCAT's recommendations in a 
manner similar to the way other countries implement those 
recommendations. If underharvests are being carried over by other 
countries, NMFS should also utilize such a process to benefit U.S. 
fishermen.
    Response: ICCAT authorizes quota to be carried over for North 
Atlantic swordfish, but fails to mention any authorization with respect 
to carryover of South Atlantic swordfish. NMFS does not believe this to 
be an oversight and therefore interprets the recommendation as stated: 
no carry over of unused South Atlantic swordfish quota.
    Comment 6: NMFS should clarify that U.S. fishermen may land their 
catch in foreign ports and that these landings will be counted against 
the U.S. quota.
    Response: As required by ATCA, U.S. fishermen on U.S. vessels that 
offload in foreign ports will have their landings count against the 
U.S. quota. NMFS adds that fishermen, regardless of port of offloading 
must complete all logbooks within 48 hours of completing that day's 
activities and, for a 1-day trip, before offloading. The owner or 
operator of the vessel must submit the logbooks to NMFS within 7 days 
of offloading, 50 CFR 635.5(a)(1). Further, NMFS reminds fishermen that 
all swordfish, sharks, and tunas must be sold to a U.S.-permitted 
dealer, 50 CFR 635.31(d)(1), who is also required to report purchases 
from U.S. vessels on a regular basis, 50 CFR 635.5(b)(1).

Authorized Fishing Areas

    Comment 7: NMFS should clarify that vessels fishing under charter/
contract for another nation's quota must adhere to the contract 
nation's regulations.
    Response: U.S.-flagged vessels must comply with all U.S. 
regulations wherever they fish. Vessels under contract may apply for an 
exempted fishing permit if they provide NMFS with information regarding 
specific regulations from which they would like to be exempt. NMFS will 
consider submitted information and issue exempted fishing permits on a 
case-by-case basis. NMFS cannot exempt U.S. vessels from regulations 
which may be inconsistent with U.S. fishery management goals.
    Comment 8: One commenter strongly opposes the measure to authorize 
fishing areas at this time. There is concern that this action is not 
recommended by ICCAT.
    Response: This regulation serves to clarify the existing 
regulations concerning U.S. vessels targeting eastern stock bluefin 
tuna. In the proposed rule, NOAA Fisheries proposed to prohibit 
retention of bluefin tuna caught in the east Atlantic Ocean because the 
United States has not been allocated quota for bluefin tuna in that 
area. However, the United States has been allocated quota for North 
Atlantic swordfish and bluefin tuna are caught incidentally to 
swordfish fishing. A retention prohibition for bluefin tuna from the 
east Atlantic Ocean would likely result in increased dead discards of 
bluefin tuna caught by U.S. vessels fishing for North Atlantic 
swordfish, inconsistent with HMS FMP objectives. Accordingly, NOAA 
Fisheries has modified the final

[[Page 70025]]

rule to clarify allowable fishing areas for highly migratory species 
(HMS) fisheries by prohibiting bluefin tuna fishing in the 
Mediterranean Sea by U.S. vessels, consistent with the ICCAT agreement 
to prevent transfer of fishing effort for bluefin tuna from the west 
Atlantic to the east Atlantic. NOAA Fisheries will count all bluefin 
tuna caught incidentally to swordfish fishing in the east Atlantic 
against the west Atlantic U.S. bluefin tuna quota to ensure that those 
catches are monitored and appropriately accounted for. Furthermore, 
bycatch in the east Atlantic bluefin tuna fishery may be discussed at 
ICCAT in 2002.
    Comment 9: NMFS should alter the method by which landings and 
discards of bluefin tuna are submitted to ICCAT. These data should 
accurately report landings of east Atlantic bluefin tuna to ICCAT which 
would reflect historical participation in the fishery. This would allow 
for the United States to enter into quota negotiations.
    Response: NMFS intends to evaluate the catch locations of bluefin 
tuna landings in order to revisit the procedure by which these data are 
submitted to ICCAT.
    Comment 10: NMFS needs to report U.S. historic catches of eastern 
bluefin, bigeye, yellowfin and albacore tunas and sharks to ICCAT. 
Reporting forms need to be revised to specify eastern versus western 
bluefin tuna and to include more space for recording latitude and 
longitude.
    Response: NMFS will examine the reporting forms and suggest 
alternatives as deemed necessary.

Trade Restrictions/Trade Documentation Programs

    Comment 11: NMFS should extend the documentation program to include 
yellowfin tuna and should unilaterally prohibit the importation of HMS 
that is non-compliant with ICCAT recommendations.
    Response: NMFS would propose extending statistical documentation 
requirements to bigeye tuna, yellowfin tuna, and swordfish if ICCAT 
recommends such a program. In 2001, ICCAT issued a recommendation 
requiring the implementation of the bigeye tuna statistical document 
program and NMFS is currently working on implementing it.

Other Issues

    Comment 12: No action should be taken to implement the temporary 
U.S. share allocated by ICCAT for North Atlantic albacore.
    Response: NMFS agrees and is not changing the regulations regarding 
this topic.

Changes From the Proposed Rule

    This final rule contains several changes from the November 15, 
2001, proposed rule (66 FR 57409) regarding the authorized fishing 
areas. To discourage unauthorized fishing, while trying to minimize 
dead discards, the proposed prohibition on the retention of bluefin 
tuna from the east Atlantic Ocean has been modified to prohibit the 
retention of bluefin tuna from the Mediterranean Sea. This modification 
is consistent with ICCAT agreements to prevent transfer of fishing 
effort for bluefin tuna from the west Atlantic to the east Atlantic, 
and vice versa, and is consistent with HMS FMP objectives to reduce 
dead discards of bluefin tuna. In addition, based on the 2002 ICCAT 
meeting, ICCAT recommended that the ban on imports of bigeye tuna from 
Honduras be lifted. Pending a review of the 2002 ICCAT recommendations 
and an assessment of the need for further rulemaking, NOAA Fisheries is 
not finalizing the trade sanctions with regards to Honduras that had 
been included in the proposed rule. The regulatory text of the final 
rule has been modified to reflect this decision. Other minor editorial 
changes to the regulatory text were also made to ensure consistency 
with existing regulations.

Classification

    This final rule 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 Assistant Administrator for Fisheries, NOAA, has determined that 
the regulations contained in this final rule are necessary to implement 
the recommendations of ICCAT and to manage the domestic Atlantic HMS 
fisheries. The objective of this final rule is to improve conservation 
and management of Atlantic swordfish and tunas. Under 5 U.S.C. 553(d), 
the regulations promulgated by this final rule will enter into effect 
not less than 30 days after its publication date.
    This final 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 new Biological Opinion (BiOp) was issued on June 14, 2001, which 
found that the continued existence of the HMS pelagic longline fishery 
jeopardizes the continued existence of loggerhead and leatherback sea 
turtles. On July 9, 2002, NMFS promulgated a final rule (67 FR 45393) 
that implemented the measures required by the BiOp for the pelagic and 
bottom longline and shark gillnet fisheries. These regulations are 
necessary to alleviate the jeopardy situation for HMS fisheries. No 
irreversible or irretrievable commitments of resources are expected 
from this final action as the measures implemented by this final rule 
are not expected to alter fishery interactions with endangered species.
    NMFS has determined that these regulations will be implemented in a 
manner consistent to the maximum extent practicable with the 
enforceable policies of those coastal states in the Atlantic, Gulf of 
Mexico, and Caribbean that have approved coastal zone management 
programs. All of the states that replied to the letter regarding 
compliance of the proposed rule with the Coastal Zone Management Act 
found NMFS' proposed actions to be consistent with their coastal zone 
management programs. NMFS presumes that the remaining states that did 
not respond also concur.
    NMFS has prepared a regulatory impact review that examines the 
impacts of the selected alternatives, discussed previously in this 
rulemaking. The preparation of an initial regulatory flexibility 
analysis was not required as the Chief Counsel for Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Association that this rule would not have a 
significant economic impact on a substantial number of small entities. 
During the proposed rule stage of this rulemaking, NMFS received no 
comments regarding the economic impact of this rule. As a result a 
Final Regulatory Flexibility Analysis was not prepared. The commercial 
fishery is composed of fishermen who hold a swordfish directed, 
incidental, or handgear permit and the related industries including 
processors, bait houses, and equipment suppliers, all of which NMFS 
considers to be small entities. In October 2001, there were 
approximately 208 fishermen with a directed swordfish limited access 
permit, 112 fishermen with an incidental swordfish limited access 
permit, and 100 fishermen with a handgear limited access permit for 
swordfish. The formation of a reserve quota category for the North 
Atlantic swordfish fishery will not have any impact on the amount of 
fish that can be harvested by U.S. swordfish fishermen. When NMFS makes 
the one-time transfer of 400 mt (300.8 mt dw) of previously unused 
swordfish quota to this category, it is not expected to have

[[Page 70026]]

an impact on U.S. fishermen considering the amounts of recent quota 
underages, the impacts of recent management actions, and the recent 
levels of effort present in this fishery. The 400 mt (300.8 mt dw) of 
swordfish would have a value of $2.3 million if it was caught by U.S. 
fishermen; however, the quota has no value to fishermen until the 
swordfish are landed and sold. As previously mentioned, it is unlikely 
given the current level of effort that the amount to be transferred 
will be caught now or in the near future by U.S. fishermen. Thus, the 
current economic impact of establishing a reserve quota category is 
negligible. The other regulations promulgated by this rule to maintain 
existing quotas, reinstate or clarify previous regulations, and improve 
trade monitoring also will have no significant impacts on U.S. 
fishermen.

List of Subjects in 50 CFR Part 635

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

    Dated: November 15, 2002
Rebecca J. Lent,
Deputy Assistant Administrator for Regulatory Programs, 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. A new Sec.  635.25 is added to read as follows:


Sec.  635.25  Fishing areas.

    (a) General. Persons on board fishing vessels subject to the 
jurisdiction of the United States are authorized to fish for, catch, 
retain, or land species governed by an international catch sharing 
agreement implemented under this part only in or from those management 
areas for which the United States has received an allocation.
    (b) Exemptions. Persons and vessels subject to the jurisdiction of 
the United States intending to fish for regulated species in fishing 
areas not otherwise authorized under this part, whether for the 
purposes of scientific research or commercial fishing under a 
chartering arrangement, must have a permit from NMFS issued under Sec.  
635.32.
    (c) Atlantic bluefin tuna. No person aboard a U.S. fishing vessel 
shall fish for bluefin tuna in, or possess on board that fishing vessel 
a bluefin tuna taken from, the Mediterranean Sea.

    3. In Sec.  635.27, paragraph (c) is revised to read as follows:


Sec.  635.27  Quotas.

* * * * *
    (c) Swordfish. (1) Categories. Consistent with ICCAT 
recommendations, the fishing year's total amount of swordfish that may 
be caught, retained, possessed, or landed by persons and vessels 
subject to U.S. jurisdiction is divided into quotas for the North 
Atlantic swordfish stock and the South Atlantic swordfish stock. The 
quota for the North Atlantic swordfish stock is further divided into 
equal semi-annual directed fishery quotas, an annual incidental catch 
quota for fishermen targeting other species and, as needed, a reserve 
category. In addition, a dead discard allowance is established for the 
North Atlantic swordfish stock.
    (i) North Atlantic swordfish. (A) A swordfish from the North 
Atlantic swordfish stock caught prior to the directed fishery closure 
by a vessel for which a directed fishery permit or a handgear permit 
for swordfish has been issued is counted against the directed fishery 
quota. The annual directed fishery quota for the North Atlantic 
swordfish stock is 1,919 mt dw for each fishing year beginning June 1, 
2000. The annual directed fishery quota is subdivided into two equal 
semiannual quotas of 959.5 mt dw, one for June 1 through November 30, 
and the other for
    December 1 through May 31 of the following year.
    (B) A swordfish from the North Atlantic swordfish stock landed by a 
vessel for which an incidental catch permit for swordfish has been 
issued, landed by fishermen without swordfish permits consequent to 
recreational fishing, or caught after the effective date of a closure 
of the directed fishery from a vessel for which a directed fishery 
permit or a handgear permit for swordfish has been issued is counted 
against the incidental catch quota. The annual incidental catch quota 
for the North Atlantic swordfish stock is 300 mt dw.
    (C) The dead discard allowance for the North Atlantic swordfish 
stock is: 320 mt ww for the fishing year beginning June 1, 2000; 240 mt 
ww for the fishing year beginning June 1, 2001; and 160 mt ww for the 
fishing year beginning June 1, 2002. All swordfish discarded dead from 
U.S. fishing vessels, regardless of whether such vessels are permitted 
under this part, shall be counted against the allowance.
    (D) A portion of the total allowable catch of North Atlantic 
swordfish may be held in reserve for inseason adjustments to fishing 
categories, to compensate for projected or actual overharvest in any 
category, for fishery independent research, or for other purposes 
consistent with management objectives.
    (ii) South Atlantic swordfish. The annual directed fishery quota 
for the South Atlantic swordfish stock is 289 mt dw. The entire quota 
for the South Atlantic swordfish stock is reserved for pelagic longline 
vessels for which a directed fishery permit for swordfish has been 
issued; retention of swordfish caught incidental to other fishing 
activities or with other fishing gear is prohibited in the Atlantic 
Ocean south of 5[deg] N. lat.
    (2) Inseason adjustments. (i) NMFS may adjust the December 1 
through May 31 semiannual directed fishery quota or, as applicable, the 
reserve category, to reflect actual directed fishery and incidental 
fishing category catches during the June 1 through November 30 
semiannual period.
    (ii) If NMFS determines that the annual incidental catch quota will 
not be taken before the end of the fishing year, the excess quota may 
be allocated to the directed fishery quota or to the reserve.
    (iii) If NMFS determines that it is necessary to close the directed 
swordfish fishery prior to the scheduled end of a semi-annual fishing 
season, any estimated overharvest or underharvest of the directed 
fishery quota for that semi-annual season will be used to adjust the 
annual incidental catch quota or the reserve as necessary to maintain 
landings and discards within the required annual limits.
    (iv) NMFS will file with the Office of the Federal Register for 
publication notification of any inseason swordfish quota adjustment and 
its apportionment to fishing categories or to the reserve made under 
this paragraph (c)(2) of this section.
    (3) Annual adjustments. (i) Except for the carryover provisions of 
paragraphs (c)(3)(ii) and (iii) of this section, NMFS will file with 
the Office of the Federal Register for publication notification of any 
adjustment to the annual quota necessary to meet the objectives of the 
Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks. NMFS 
will provide at least 30 days opportunity for public comment.
    (ii) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota shall be subtracted from, or added to, the 
following year's quota for that area. As necessary to meet

[[Page 70027]]

management objectives, such carryover adjustments may be apportioned to 
fishing categories and/or to the reserve. Any adjustments to the 12-
month directed fishery quota will be apportioned equally between the 
two semiannual fishing seasons. NMFS will file with the Office of the 
Federal Register for publication notification of any adjustment or 
apportionment made under this paragraph (c)(3)(ii).
    (iii) The dressed weight equivalent of the amount by which dead 
discards exceed the allowance specified at paragraph (c)(1)(i)(C) of 
this section shall be subtracted from the landings quota in the 
following fishing year or from the reserve category. NMFS will file 
with the Office of the Federal Register for publication notification of 
any adjustment made under this paragraph (c)(3)(iii).

    4. Section 635.45 is revised to read as follows:


Sec.  635.45  Products denied entry.

    (a) All shipments of Atlantic swordfish, or its products, in any 
form, harvested by a vessel under the jurisdiction of Belize or 
Honduras will be denied entry into the United States.
    (b) All shipments of Atlantic bluefin tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Belize, Honduras, 
or Equatorial Guinea will be denied entry into the United States.
    (c) All shipments of Atlantic bigeye tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Belize, Cambodia, 
Equatorial Guinea, or St. Vincent and the Grenadines will be denied 
entry into the United States. It is a rebuttable presumption that any 
shipment containing bigeye tuna or its products offered for entry or 
imported into the United States has been harvested by a vessel or 
vessels of the exporting nation.

    5. Section 635.47 is revised to read as follows:


Sec.  635.47  Ports of entry.

    NMFS shall monitor imported shipments of bluefin tuna, bigeye tuna, 
and swordfish into the United States. If NMFS determines that the 
diversity of handling practices at certain ports at which any of these 
species is being imported into the United States allows for 
circumvention of the bluefin tuna statistical document, swordfish 
Certificate of Eligibility requirements, or trade restrictions for 
these species or for Atlantic bigeye tuna, NMFS may designate, after 
consultation with the U.S. Customs Service, those ports at which these 
species may be lawfully imported into the United States. NMFS shall 
announce the names of such designated ports and the effective dates of 
entry restrictions through publication of a notice in the Federal 
Register.

    6. In Sec.  635.71,paragraphs (a)(24) and (a)(29) are revised, and 
a new paragraph (a)(38) is added, to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (a) * * *
    (24) Import, or attempt to import, any fish or fish products 
regulated under this part in a manner contrary to any import 
requirements or import restrictions specified at Sec. Sec.  635.40, 
635.41, 635.45, and 635.46, or at other than an authorized port of 
entry designated by NMFS under Sec.  635.47.
* * * * *
    (29) Land, transship, ship, transport, purchase, sell, offer for 
sale, import, export, or have in custody, possession, or control:
    (i) Any fish that the person knows, or should have known, was 
taken, retained, possessed, or landed contrary to this part, without 
regard to the citizenship of the person or registry of the fishing 
vessel that harvested the fish.
    (ii) Any fish of a species regulated pursuant to a recommendation 
of ICCAT that was harvested, retained, or possessed in a manner 
contrary to the regulations of another country.
* * * * *
    (38) Fish for, or possess on board a fishing vessel, species 
regulated under this part in unauthorized fishing areas as specified in 
Sec.  635.25.
* * * * *
[FR Doc. 02-29509 Filed 11-19-02; 8:45 am]
BILLING CODE 3510-22-S