[Federal Register Volume 68, Number 4 (Tuesday, January 7, 2003)]
[Rules and Regulations]
[Pages 711-715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-275]



[[Page 711]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 000629197-2192-03; I.D. 032900A]
RIN 0648-AN06


Atlantic Highly Migratory Species; Monitoring of Recreational 
Landings; Retention Limit for Recreationally Landed North Atlantic 
Swordfish

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

ACTION: Final rule.

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

SUMMARY: NMFS issues this final 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 enhance management programs for these species. This rule implements 
a mandatory recreational landings self-reporting system for Atlantic 
blue marlin, Atlantic white marlin, west Atlantic sailfish, and North 
Atlantic swordfish; establishes a recreational retention limit for 
North Atlantic swordfish; adds handlines as an authorized gear for 
North Atlantic swordfish; clarifies language concerning applicability 
of recreational retention limits for sharks, yellowfin tuna, and North 
Atlantic swordfish; clarifies language regarding the Billfish 
Certificate of Eligibility (COE); and makes the criterion for 
determining the size and/or size class the same for both vessels 
commercially permitted for swordfish and recreational vessels. In 
addition, NMFS will promote voluntary use of circle hooks within the 
recreational swordfish fishery via an outreach program. The intent of 
these actions is to improve monitoring and conservation of overfished 
Atlantic billfish and North Atlantic swordfish stocks.

DATES: Effective March 2, 2003.

ADDRESSES: Copies of the supporting documents including the 
Environmental Assessment/Regulatory Impact Review (EA/RIR) may be 
obtained from the Highly Migratory Species Management Division, 1315 
East-West Highway, Silver Spring, MD 20910. The EA/RIR may also be 
viewed on the Highly Migratory Species (HMS) Management Division 
website at www.nmfs.noaa.gov/sfa/hmspg.html. Send comments on any 
ambiguity or unnecessary complexity arising from the language in this 
final rule to the same address. Comments regarding the collection of 
information requirements contained in the final rule should be sent to: 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, Washington, DC 20503 (ATTN: NOAA Desk Officer.)

FOR FURTHER INFORMATION CONTACT: Russell Dunn or Rick Pearson, 727-570-
5447.

SUPPLEMENTARY INFORMATION: The background and rationale for this final 
rule were contained in the preamble to the proposed rule published in 
the Federal Register on December 26, 2001 (66 FR 66386), and are not 
repeated here. Additional background is contained in the EA/RIR for 
this action (see ADDRESSES).
    This final rule revises 50 CFR 635.5 to establish an enhanced 
monitoring program for non-tournament recreational landings of Atlantic 
sailfish, blue and white marlin, and swordfish through a self-reporting 
method based on a toll-free telephone call-in system. North Carolina 
and Maryland are exempted from reporting non-tournament billfish/
swordfish landings since these states have modified their large 
pelagic/bluefin tuna catch card reporting programs to include these 
species. To avoid duplication, landings reported through a registered 
HMS tournament are exempt from the telephone call-in requirement.
    This final rule also revises regulations at 50 CFR 635.22 to 
implement a recreational retention limit for swordfish of one swordfish 
per person, up to three swordfish per vessel, per trip; revises 50 CFR 
635.21(d)(4) to include handlines as authorized gear in the 
recreational swordfish fishery to clarify the consolidated regulatory 
text; revises 50 CFR 635.22 to apply the daily recreational retention 
limits for all HMS species to vessels that are HMS Charter/Headboat 
(CHB) permit holders; revises 50 CFR 635.31 to clarify the consolidated 
regulatory text in the Billfish COE regulations; and revises 50 CFR 
635.20(a) to apply the same standard of measurement to both 
recreational vessels and commercial vessels that have been issued a 
limited access swordfish permit.

Comments and Responses

    NMFS held three public hearings and received written comments 
during the comment period on the proposed rule. Public hearings were 
held in Mobile, AL, on January 14, 2002; in Manteo, NC, on January 22, 
2002; and in Ft. Lauderdale, FL, on January 23, 2002. Comments were 
submitted by recreational and commercial organizations, state agencies, 
conservation groups, and the general public. All comments were 
considered and responded to as follows:

Mandatory Self-reporting Call-in system

    Comment 1: Several commenters supported the call-in system, but 
some raised concerns about verifying the validity of reports and 
enforcement of reporting.
    Response: NMFS is implementing the call-in system because it 
provides a system to collect non-tournament billfish/swordfish landings 
reports (patterned after the bluefin tuna call-in reporting system) and 
it closes a gap in data collection when applied in concert with other 
programs. Also see response to comment 3.
    Comment 2: One fishing group representative supported use of a 
call-in system for private recreational fishermen only, and using 
logbooks for CHB vessels.
    Response: Owners of HMS Angling permitted vessels and CHB operators 
are responsible for reporting all non-tournament billfish/swordfish 
landings because not all CHB are selected to submit logbooks as 
specified under 50 CFR 635.5(a). Those CHB operators that are selected 
to submit logbooks will also have to report non-tournament billfish/
swordfish landings through the call-in system. NMFS will examine 
response rates and work with vessel operators to reduce the reporting 
burden and avoid duplication.
    Comment 3: Several commenters did not support the call-in system 
and expressed concern that there was no way to verify false reports or 
ensure that all non-tournament catches were reported.
    Response: In the initial call-in, the caller will be asked by the 
automated system for the caller's phone number. NMFS personnel will 
then call back every angler as part of the overall system to identify 
the catch by boat or documentation number and avoid duplicate 
reporting. During the call back, the angler will be given a 
confirmation number. To ensure that catches are reported, NMFS will 
inform the public of the reporting requirement. For example, NMFS will 
advertise the call-in number in angler publications and distribute 
fliers to ports where billfish and swordfish have historically been 
landed, and will publicize that failure to report is unlawful.
    Comment 4: Several comments, including one from a representative 
from a fishing club and another from a

[[Page 712]]

representative of a conservation group, expressed concern that the 
call-in system would adversely affect goodwill existing between 
fishermen and scientists by imposing additional governmental paperwork. 
The conservation group representative suggested that NMFS duplicate the 
Gulf of Mexico RBS system throughout the Atlantic and implement a 
landing tag system to better meet international requirements.
    Response: The RBS collects tournament data in the Gulf of Mexico, 
Atlantic, and Caribbean. The RBS at one time (before 1994) 
systematically sampled non-tournament sites; however, currently RBS 
only collects tournament data. Non-tournament data is voluntarily 
phoned into the RBS and these callers will be referred to the non-
tournament call-in system. With this action, NMFS is attempting to get 
a census of non-tournament billfish/swordfish landings.
    Comment 5: Several commenters stated that the call-in system was 
too expensive to operate, too time consuming for NMFS to manage, has no 
practical utility, and is not enforceable.
    Response: NMFS considers this the least expensive of all the 
measures considered. The toll-free line already exists and the 
estimated number of calls are expected to be within the capacity of the 
system. The program is patterned after the bluefin tuna call-in 
reporting system. The call-in will be enforced as all fisheries 
management rules are enforced. In lieu of the call-in system, anglers 
landing billfish or swordfish in states that have elected and been 
approved by NMFS to conduct their own alternative recreational catch 
reporting program, which is allowed under 50 CFR 635.5(c)(3), will 
follow their states procedures for reporting. North Carolina and 
Maryland have chosen, with NMFS approval, to modify their large 
pelagic/bluefin tuna catch card reporting programs to include billfish 
and swordfish for reporting purposes.

Recreational Retention Measures of North Atlantic Swordfish

    Comment 1: Several commenters, which included a representative from 
a fishing club and two national conservation groups, supported the 
swordfish retention limit but expressed concern about lack of law 
enforcement for the sale of recreationally caught swordfish.
    Response: NMFS implements this provision because it is easier to 
enforce a retention limit than a sale restriction. In addition, NMFS 
believes a retention limit will reduce the number of recreationally 
landed swordfish that are available for sale. Through the outreach 
program, NMFS will remind the public that sale of recreationally landed 
swordfish is prohibited.
    Comment 2: Several commenters, which included a representative for 
a sport fishermen association, noted that one swordfish per vessel per 
trip would have negative impacts on the CHB industry and suggested that 
the vessel limit be increased to accommodate more than one angler on a 
single vessel.
    Response: NMFS has modified the final action to minimize the 
potential impacts on CHB operations which deal with multiple clients. 
The final action of one swordfish per person, up to three swordfish per 
vessel, per trip will accommodate multiple persons aboard a single 
vessel and should more closely reflect current catch patterns in this 
re-emerging fishery. Anecdotal information indicates that recreational 
catches of swordfish tend to be clustered in that several trips may not 
catch any swordfish while a few trips may catch several swordfish. 
Since not all trips are likely to be successful, NMFS expects that, on 
average, the three fish per vessel maximum limit will not be reached. 
The most recent stock assessment of North Atlantic swordfish indicates 
that the stock is rebuilding quickly and that current catch rates are 
not impeding stock recovery. As the final action should more closely 
reflect current catch patterns, increasing the swordfish retention 
limit should not impact the swordfish stock recovery. Additionally, the 
incidental swordfish catch quota has not been filled to date so the 
United States has quota available to accommodate increased landings in 
the recreational fishery. Therefore, NMFS has modified this portion of 
the rule to allow the landing of one swordfish per person, up to three 
swordfish per vessel, per trip.
    Comment 3: Several commenters stated that this was an allocation 
matter, not a conservation measure.
    Response: The retention limit is intended to prevent uncontrolled 
expansion of a re-emerging fishery and discourage the illegal sales of 
recreationally landed swordfish. Uncontrolled expansion of the 
swordfish recreational fishery could result in excess mortality, 
particularly on juvenile fish, that could impede stock recovery. NMFS 
remains concerned that the continued recovery of swordfish is sensitive 
to overharvests and excessive mortality of juvenile fish and the re-
emerging recreational swordfish fishery off Florida occurs in a 
swordfish nursery area. Also see response to comment 1 above under this 
section.
    Comment 4: A mass mailing from an organized recreational anglers 
group objected to the retention limit, stating that the fishery was 
wrongly characterized as a recent fishery but indeed that it is an 
historic (not a recent) incidental fishery and there was no scientific 
basis for the one swordfish limit.
    Response: NMFS did not intend to imply in the Environmental 
Assessment (EA) that the fishery was new but that catching juvenile 
swordfish by recreational fishermen is likely increasing. In the 
Purpose for Action, the EA states: ``With the implementation of the 
ICCAT North Atlantic swordfish rebuilding program and the recent 
closure of nursery waters off the east coast of Florida to pelagic 
longline fishing activities (August 1, 2000, 65 FR 47214; February 5, 
2001, 66 FR 8903), further increases in recreational landings of North 
Atlantic swordfish, particularly juveniles, is likely to occur along 
the U.S. Atlantic coast.'' Based on the large size of recreationally 
landed swordfish (50-200+ pounds), which cannot be sold commercially, 
NMFS considered a one fish per vessel limit to be reasonable for 
swordfish for personal consumption. However, based on comments that the 
proposed retention limit may impact CHB operations and to better 
reflect current catch patterns in this fishery, NMFS has modified the 
swordfish retention limit in the final action.
    Comment 5: Several commenters wanted recreational vessels to have 
the same option as the commercial vessels to dress the swordfish at 
sea.
    Response: NMFS has made the requested change to afford recreational 
fishermen the same latitude for at-sea processing as commercially 
permitted vessels. NMFS proposed to make the lower jaw fork length 
(LJFL) measurement the sole criterion for recreationally landed 
swordfish because recreational fishermen typically do not process fish 
at sea as well as the ability to measure the LJFL on a fish while it's 
still alive to determine if it meets the minimum size. However, due to 
public comment that recreational fishermen would like the latitude to 
process swordfish at sea in order to ice the carcass more thoroughly, 
NMFS modified the final action so that the LJFL measurement will apply 
when the lower jaw and tail are intact. If either the tail or lower jaw 
is missing, the cleithrum to keel (CK) measurement or weight standard 
will apply in all cases.

[[Page 713]]

Changes from the Proposed Rule

    In response to comments received during the comment period and to 
clarify regulatory language, the following changes were made to the 
proposed rule (December 26, 2001, 66 FR 66386):
    In Sec.  635.5 (c), a lead-in paragraph was added to explain angler 
reporting responsibility and the wording was changed in 635.5 (c)(3) to 
make the intent of alternative reporting more easily understood.
    In Sec.  635.20(a), the proposed regulatory text has been amended 
to apply the same standard of measurement and/or size class to both 
recreational and commercial North Atlantic swordfish landings.
    In Sec.  635.22 (f), one North Atlantic swordfish per vessel per 
trip was changed to one North Atlantic swordfish per person, up to 
three North Atlantic swordfish per vessel, per trip.
    In Sec.  635.30(d), the proposed regulatory text has been withdrawn 
so that recreational vessels are not required to maintain North 
Atlantic swordfish with its head, fins, and bill intact through 
offloading.
    In Sec.  635.71, paragraph (b)(6) was revised to show that BFT 
reporting is now under Sec.  635.5(c)(1) or (3) instead of Sec.  
635.5(c), paragraph (c)(6) was added to reflect changes in Sec.  635.5 
that mandated recreational self-reporting, paragraph (e)(14) was added 
to reflect changes in Sec.  635.22(f) implementing a retention limit 
for recreationally landed North Atlantic swordfish, and paragraph 
(e)(15) was added to reflect changes in Sec.  635.5(c)(2) and (3) on 
North Atlantic swordfish reporting. Some of these changes were 
necessary because the prohibitions section was omitted in the proposed 
rule. These changes do not alter the intent of the proposed rule.
    Finally, several changes were made to conform with regulatory 
changes made in another final rule that published on December 18, 2002 
(67 FR 77434).

Classification

    This rule is published under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) and the 
Atlantic Tunas Convention Act. The Assistant Administrator for 
Fisheries, NOAA (AA), has determined that the regulations contained in 
this rule are necessary to implement the recommendations of ICCAT and 
to manage the domestic Atlantic highly migratory species fisheries, and 
are consistent with the Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be significant for purposes 
of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel of Advocacy of the Small Business 
Administration that the proposed rule for this action would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for the certification was published in the proposed 
rule. NMFS received no comments during the comment period on the 
proposed rule that would change that conclusion. However, some CHB 
operators raised a concern during the public comment period with regard 
to the one swordfish per vessel retention limit. To respond to this 
concern and better reflect current catch patterns, NMFS modified the 
final rule to provide a one swordfish per person, up to three swordfish 
per vessel, per trip limit. This modification does not alter the 
agency's prior conclusion of no significant economic impact on a 
substantial number of small entities.
    This final rule will apply to all participants in the recreational 
Atlantic marlin and North Atlantic swordfish fisheries, all of which 
are considered small entities. The Billfish Fishery Management Plan 
estimated that there were 7,915 U.S. tournament billfish anglers in the 
western Atlantic in 1989. A 1992 inventory of 359 billfish tournaments 
indicated an average expenditure of $2,147 per angler per trip 
(including tournament fees), or $4,242 for each fish caught, 
corresponding to $32,382 for each billfish landed. Swordfish are not 
generally included in billfish tournament prize categories and non-
tournament recreational catch data are not currently systematically 
collected but may be frequent.
    Because of the large size of most recreationally landed swordfish, 
the retention limit in this final action should be sufficient for 
swordfish intended for personal consumption, even on vessels carrying 
multiple anglers. Recreationally landed swordfish cannot be sold 
commercially, therefore no significant economic impacts are anticipated 
for individual anglers. The modified retention limit should also 
minimize any potential impacts on CHB operators. An increase in the 
vessel trip limit will more accurately reflect recent catch patterns in 
the fishery and, since many trips are unsuccessful, on average, the 
three swordfish per vessel limit is not expected to be reached. The 
swordfish fishery is a rare event fishery characterized by clustered 
catch rates in which several trips may result in no swordfish catches 
and a few trips may catch several swordfish. The call-in system takes 
less than 3 to 5 minutes for each no-cost report and an additional 3 to 
5 minutes for a confirmation call-back, thus no significant economic 
impacts are anticipated.
    NMFS prepared an Environmental Assessment for this rule that 
describes impacts on the human environment and determined that no 
significant impacts would result.
    This final rule is consistent with the Endangered Species Act. On 
September 7, 2000, NMFS reinitiated formal consultation for all HMS 
commercial fisheries under section 7 of the ESA. 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 issued a final rule on July 9, 2002 (67 FR 45393), 
to implement the reasonable and prudent alternative required by the 
BiOp. The fishing activities conducted pursuant to this rule will not 
affect listed species in any manner not already considered in the BiOp 
because these actions primarily address reporting requirements and are 
not expected to alter fishing practices or fishing effort in any way 
not previously considered.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act. The collection of this information has 
been approved by the Office of Management and Budget, OMB Control 
Number 0648-0446. Public reporting burden for this collection of 
information is estimated to average 5 minutes per initial reporting 
call and 5 minutes per confirmation callback, and 5 minutes to fill out 
a catch reporting card (for those pilot programs conducted under state 
reporting systems). This action also repeats collection-of-information 
requirements that have been approved by OMB under control number 0648-
0216. Public reporting burden for this collection of information is 20 
minutes to prepare a billfish COE 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. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for the reducing the burden, to NMFS and OMB (see 
ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be

[[Page 714]]

subject to a penalty for failure to comply with, a collection of 
information subject to the requirements of the Paperwork Reduction Act, 
unless that collection of information displays a currently valid OMB 
Control Number.

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 23, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 635 is amended 
as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

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

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

    2. In Sec.  635.5, paragraph (c) is revised to read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (c) Anglers. All bluefin tuna, billfish, and North Atlantic 
swordfish non-tournament landings must be reported as specified under 
paragraphs (c)(1) or (c)(2) of this section, unless an alternative 
recreational catch reporting system has been established as specified 
under paragraph (c)(3) of this section. Tournament landings must be 
reported as specified under paragraph 635.5(c) of this section.
    (1) Bluefin tuna. The owner of a vessel permitted, or required to 
be permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/
Headboat category must report all BFT landings 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 North Atlantic Swordfish. Anglers must report all 
non-tournament landings of Atlantic blue marlin, Atlantic white marlin, 
Atlantic sailfish and North Atlantic swordfish, including those landed 
on a charter/headboat, to NMFS by calling 1-800-894-5528 within 24 
hours of the landing. For telephone reports, a contact phone number 
must be provided so that NMFS can call the angler back for follow up 
questions and to provide a confirmation of the reported landing. The 
landing telephone report has not been completed unless the angler has 
received a confirmation number from a NMFS' designee.
    (3) Alternative recreational catch reporting. Alternative 
recreational catch reporting procedures may be established by NMFS with 
cooperation from states which may include such methodologies as 
telephone, dockside or mail surveys, mail in or phone-in reports, 
tagging programs, catch cards, 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 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 for a vessel 
that has been issued a limited access North Atlantic swordfish permit 
under Sec.  635.4. The LJFL will be the sole criterion for determining 
the size of whole (head on) North Atlantic swordfish for a vessel that 
has not been issued a limited access North Atlantic swordfish permit 
under Sec.  635.4. If the head or tail of an North Atlantic swordfish 
has been removed prior to or at the time of landing, the CK or minimum 
weight standard shall be applied in all cases.
* * * * *

    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 North Atlantic swordfish permit under Sec.  635.4, no 
person may fish for North Atlantic swordfish with, or possess a North 
Atlantic 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. Atlantic HMS caught, possessed, retained, or landed 
under these recreational limits may not be 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, 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 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 a limited access vessel permit under Sec.  635.4 for Atlantic 
sharks. If an Atlantic shark quota is closed under Sec.  635.28, the 
recreational retention limit for sharks may be applied to persons 
aboard a vessel issued an Atlantic shark LAP under Sec.  635.4, only if 
that vessel has also been issued an 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

[[Page 715]]

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 an 
Atlantic Tunas vessel permit under Sec.  635.4. The recreational 
retention limit for yellowfin tuna applies to persons, including 
captain and crew, aboard a vessel that has been issued an Atlantic HMS 
Charter/Headboat permit only when the vessel is engaged in a for-hire 
trip.
    (e) Bluefin tuna. Refer to Sec.  635.23 for Atlantic bluefin tuna 
recreational retention limits.
    (f) North Atlantic swordfish. One North Atlantic swordfish per 
person up to three per vessel per day may be retained. Regardless of 
the length of a trip, no more than the daily limit of North Atlantic 
swordfish may be possessed on board a vessel. The recreational 
retention limit for North Atlantic swordfish applies to a person who 
fishes in any manner, except to a person aboard a vessel that has been 
issued a limited access North Atlantic swordfish permit under Sec.  
635.4.

    6. 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) * * *
    (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, 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.
* * * * *

    7. In Sec.  635.71, paragraph (b)(6) is revised and paragraphs 
(c)(6), (e)(14), and (e)(15) are added to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (b) * * *
    (6) As an angler, fail to report a BFT, as specified in
    Sec.  635.5(c)(1) or (3).
* * * * *
    (c) * * *
    (6) As an angler, fail to report a billfish, as specified in Sec.  
635.5(c)(2) or (3).
* * * * *
    (e) * * *
    (14) Exceed the recreational catch limit for North Atlantic 
swordfish, as specified in Sec.  635.22(f).
    (15) As an angler, fail to report a North Atlantic swordfish, as 
specified in Sec.  635.5(c)(2) or (3).
[FR Doc. 03-275 Filed 1-6-03; 8:45 am]
BILLING CODE 3510-22-S