[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33148-33158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14916]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180205129-8129-01]
RIN 0648-BH50


Atlantic Highly Migratory Species

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

ACTION: Final rule; technical amendments.

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SUMMARY: This final rule makes editorial corrections amending the 
regulations for Atlantic highly migratory species (HMS). This final 
action will make the rules easier to use by making the cross-references 
in the regulations accurate, correcting grammatical and punctuation 
issues, and reformatting the regulations where needed to be consistent 
with Federal Register guidelines. The action also in several instances 
simplifies regulatory text by removing unnecessary language. The rule 
is administrative in nature and does not make any change with 
substantive effect to the regulations for HMS fisheries.

DATES: This final rule is effective on July 17, 2018.

ADDRESSES: Documents related to HMS fisheries management, such as the 
2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments, 
are available from the HMS Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or upon 
request from the HMS Management Division at 1315 East-West Highway, 
Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Larry Redd, or Karyl 
Brewster-Geisz by phone at 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS are managed under the dual 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act, 16 U.S.C. 1801 et seq., (Magnuson-Stevens Act) and the Atlantic 
Tunas Convention Act, 16 U.S.C. 971 et seq., (ATCA). On October 2, 
2006, NMFS published in the Federal Register (71 FR 58058) regulations 
implementing the 2006 Consolidated HMS FMP, which details the 
management measures for Atlantic HMS fisheries; these management 
measures have been amended or otherwise modified numerous times. The 
implementing regulations for Atlantic HMS are at 50 CFR part 635.

Background

    The regulations at 50 CFR part 635 are promulgated under ATCA and 
the Magnuson-Stevens Act for the conservation and management of 
Atlantic highly migratory species, including species of tunas, 
billfish, sharks, and swordfish. In 2006, NMFS consolidated Atlantic 
HMS management into one fishery management plan, the 2006 Consolidated 
HMS FMP. Since then, NMFS has amended the FMP ten times through the 
fishery management plan amendment process and has made numerous other 
regulatory changes through framework actions. With this volume of 
regulatory action, some small grammatical and other errors have 
accumulated over time. As described in the sections below, this 
technical amendment corrects grammatical, punctuation, consistency, 
cross-reference errors in the HMS regulations at 50 CFR part 635. As 
explained in the Consistency section below, it also simplifies 
regulatory text by removing unnecessary language in several limited 
instances.

Typographical Corrections

    The following grammatical, punctuation, or clerical errors (i.e., 
typographical errors) in the HMS regulations are corrected by this 
final rule:
    The definition of ``CK'' at Sec.  635.2 does not spell out the 
words for which it is an acronym. This final action therefore adds 
``Cleithrum to Caudal Keel'' before the acronym ``CK.'' The definition 
of ``Hammerhead Sharks'' at Sec.  635.2 capitalizes the word 
``shark(s).'' This final action changes to lowercase the word 
``shark(s).'' The regulation at Sec.  635.4(l)(2)(viii) does not 
capitalize the word ``tunas'' in the permit title, ``Atlantic Tunas 
Longline category LAP.'' This final action capitalizes the word 
``Tunas.'' The regulation at Sec.  635.5(b)(1)(i) has commas 
incorrectly after the words ``all'' and ``swordfish'' in the sentence, 
``All reports must be species-specific and must include the required 
information about all, swordfish, and sharks received by the dealer.'' 
This final action removes the misplaced commas. The regulation at Sec.  
635.5(c)(2) is missing apostrophes and has extra parentheses in three 
places where the text should read, ``owner's designee.'' This final 
action adds apostrophes and removes the mistaken parentheses to correct 
this text. The regulations at Sec.  635.6(b)(1)(ii) and (c)(1) do not 
capitalize the word ``Arabic.'' This final action corrects this error 
and

[[Page 33149]]

capitalizes ``Arabic.'' The regulation at Sec.  635.9(e)(4) has two 
commas rather than one after the words ``trip'' and ``e.g.'' This final 
action removes the extra commas. The regulation at Sec.  635.14(b)(1) 
uses two different styles of quotation marks around the words ``bluefin 
tuna ratio.'' This final action changes the quotation marks so that 
they are the same and removes the colon within this regulation. The 
regulation at Sec.  635.14(b)(1) incorrectly capitalizes the word 
``Swordfish.'' This final action changes ``Swordfish'' to 
``swordfish.'' The regulation at Sec.  635.15(c)(3)(iv) is missing the 
word ``year'' and has an extra period at the end of the first sentence. 
This final action adds the word ``year'' and removes the extra period. 
Additionally, this regulation incorrectly capitalizes the words 
``Eastern Time.'' This final action changes ``Eastern Time'' to 
``eastern time.'' The regulation at Sec.  635.21(g)(1) uses ``NOAA 
Fisheries,'' and the final action changes it to ``NMFS'' for 
consistency across the regulations. The regulation at Sec.  
635.27(d)(1) incorrectly uses the word ``this'' in the second sentence. 
This final action changes ``this'' to ``the.'' Additionally, this final 
action removes outdated language regarding an effective date of January 
1, 2007 from Sec.  635.27(d)(1). Additionally, for Sec.  635.28(d), 
this final action capitalizes the lower case ``n'' for the species 
Northern albacore tuna.
    The regulations at Sec. Sec.  635.2, 635.4(e)(3) and (g)(2), 
635.21(d)(2)(ii), 635.27(b)(1), 635.28(b)(1)(iv), and 635.34(c) do not 
consistently capitalize the word ``Table'' and lowercase the word 
``appendix'' in the phrase, ``Table 1 of appendix A to this part.'' 
This final action corrects the references to ``Table 1 of appendix A to 
this part'' in Sec. Sec.  635.2, 635.4(e)(3) and (g)(2), 
635.21(d)(2)(ii), 635.27(b)(1), 635.28(b)(1)(iv), and 635.34(c) so that 
capitalization and phrasing are consistent throughout.

Limited Access Permit Corrections

    The HMS regulations at Sec.  635.2 currently provide a definition 
for ``LAP,'' defining it as an acronym for the ``limited access 
permit.'' The HMS regulations do not consistently use the acronym, 
however, and still refer to ``limited access permits'' or ``limited 
access vessel permits'' sometimes in the regulations. Consistency 
across the regulations would make them clearer. The regulations at 
Sec. Sec.  635.4(a)(3), (d)(4), (e)(2) through (4), (f)(1), (2), (4), 
and (5), (h)(2), (l)(2)(ii)(A) through (C), (l)(2)(iii) through (ix), 
and (m)(2), 635.8(a)(1) and (3), (c)(2) and (3), 635.15(k) introductory 
text and (k)(4)(iii), 635.19(e)(4), 635.21(b)(1), (c)(3) and (4), 
(c)(5)(iii)(A) and (B), (g)(2) and (3), 635.27(c)(1)(i)(A) and (B), 
635.28(a)(3), and 635.71(a)(53) and (e)(10) and (11) do not use the 
acronym ``LAP'' for ``limited access permit.'' This final action 
changes ``limited access permit'' to ``LAP'' so that the acronym 
defined at Sec.  635.2 is used consistently across the HMS regulations. 
The regulations at Sec. Sec.  635.15(k) and (l)(4)(iii) and 
635.21(c)(5)(iii)(B) incorrectly use the word ``permit'' or 
``permitted'' instead of the acronym ``LAP'' when referring to the 
Atlantic Tunas Longline category limited access permit. For consistency 
within the regulations referring to the Atlantic Tunas Longline 
category limited access permit, this final action changes the word 
``permit'' or ``permitted'' to ``LAP.'' The regulations at Sec. Sec.  
635.4(l)(2)(iii) and 635.21(b)(1) incorrectly name a permit as ``tuna 
longline LAPs.'' This final action corrects the permit name to 
``Atlantic Tunas Longline category LAP.'' The regulations at Sec. Sec.  
635.21(c)(5)(iii)(A) and 635.71(a)(40) and (b)(36) through (38), 
incorrectly list a permit name as ``tunas Longline category permit.'' 
This final action corrects the permit name to ``Atlantic Tunas Longline 
category LAP.'' The regulations at Sec.  635.15(k) improperly exclude 
the word ``category'' from the permit name, ``Atlantic Tunas Longline 
category LAP.'' This final action corrects the error by adding the word 
``category.'' The regulations at Sec.  635.23(a)(2) incorrectly list 
the permit as ``General category Atlantic Tunas permit.'' This final 
action corrects the permit name to ``Atlantic Tunas General category 
permit.'' Additionally this final action removes language referring 
specifically to ``one large medium or giant BFT per day'' allowed to be 
caught or landed on days other than RFDs. Because NMFS may increase or 
decrease the daily retention limit of large medium and giant BFT over a 
range of zero to a maximum of five under cross reference Sec.  
635.23(a)(4), it is more clear to refer to the ``daily retention limit 
in effect for that day.'' The regulation at Sec.  635.71(b)(20) 
incorrectly lists the relevant permit as ``Purse Seine category 
Atlantic tuna permit.'' This final action corrects the permit name to 
``Atlantic Tunas Purse Seine category LAP.''

Cross References Corrections

    This final action corrects the incorrect cross references found in 
the definitions and regulations at Sec. Sec.  635.2 (definitions of 
``Display Permit'' and ``EFP''), 635.4(a)(8) and (h)(1)(iii), 
635.5(a)(5)(ii), 635.21(c)(5)(ii)(C)(1) and (c)(5)(iv), 635.28(b)(7), 
(c)(3), and (d), 635.31(d)(2), and 635.40(b)(1). Section 
635.21(c)(5)(iv) references paragraphs (A), (B), (C), (G), (H), and (K) 
as specifying ``[o]ther devices proposed for use as line clippers or 
cutters or de-hookers.'' This final action adds references to 
paragraphs (I) and (J) to that list. Additionally, Sec. Sec.  
635.22(c)(1) and (5) and (d) and 635.23(a)(2) and (4), have cross 
references that are broadly referenced and need to be more specific to 
the correct provision under part 635. This action corrects those cross 
references by adding the specific cross reference location (e.g., 
within Sec.  635.22(c)(1), changing the reference from Sec.  635.4 to 
Sec.  635.4(e)).

Consistency Corrections

    Regulations at Sec. Sec.  635.2 (definition of ``Exporter'') and 
635.4(a)(6) use a Federal Register citation format that is inconsistent 
with the citation format otherwise used in part 635. This final action 
revises the citation format for consistency purposes.
    At Sec.  635.4(c)(2), this final action changes the word ``issued'' 
to ``with'' to be more internally consistent.
    At Sec.  635.4(l)(2)(viii), this final action removes the word 
``an'' to be more internally consistent.
    The current regulations do not consistently refer to swordfish and 
shark LAPs, sometimes referring to them as ``catch LAPs'' and other 
times spelling out ``limited access permit.'' This inconsistency in 
terminology can lead to confusion. As such, this final action changes 
these swordfish and shark LAP references to be more internally 
consistent to clarify the regulations. Specifically, the regulations at 
Sec.  635.4(l)(2)(viii) and (ix) use the phrase, ``a directed or 
incidental LAP for swordfish, a directed or an incidental catch LAP for 
shark.'' This final action will correct the phrase to, ``a directed or 
incidental swordfish LAP, a directed or incidental shark LAP.'' The 
regulations at Sec.  635.4(l)(2)(viii) uses the phrase ``a LAP for 
swordfish.'' This final action corrects the phrase to ``a swordfish 
LAP.'' The regulations at Sec.  635.4(l)(2)(viii) and (ix) uses the 
phrase ``a directed or incidental catch shark LAP,'' respectively. This 
final action corrects the phrase to ``a directed or incidental shark 
LAP,'' respectively. The regulations at Sec.  635.4(l)(2)(ix) use the 
phrase ``directed or incidental catch swordfish or shark LAP.'' This 
final action will correct the phrase to ``directed or incidental 
swordfish or shark LAP.'' The regulation at Sec.  635.22(f) uses the 
phrase ``incidental or handgear limited access swordfish permit.'' This 
final action will correct the phrase to ``incidental or handgear 
swordfish LAP.''

[[Page 33150]]

    The definition of ``Fishing Year'' at Sec.  635.2 includes 
incorrect language left over from past definitions. The fishing year 
for all tunas, sharks, billfish, and swordfish is January 1 through 
December 31, as reflected in the 2006 Consolidated HMS FMP. This final 
action removes this outdated text and simplifies the definition for 
tunas, sharks, billfish and swordfish to match the dates established in 
previous actions, reading ``January 1 through December 31.''
    The first sentence at Sec.  635.20(b) starts with the phrase, ``The 
size class of a BFT found with the head removed shall be determined 
using . . .'' This phrase, referring to a BFT that is ``found,'' is 
confusing and inconsistent with a similar regulation at Sec.  635.20(f) 
(``For a swordfish that has its head naturally attached . . .''). This 
final action re-words the phrase found in Sec.  635.20(b) to be less 
confusing and more consistent with the wording at Sec.  635.20(f). With 
this change, Sec.  635.20(b) will read, ``If the head of a BFT is no 
longer attached, the size class of the BFT shall be determined using . 
. .''
    The regulation at Sec.  635.40(b)(3) references 19 CFR 10.79, the 
``Declaration of Master and Two Members of Crew on Entry of Products of 
American Fisheries.'' Section 10.79 no longer exists within title 19, 
and has instead been reserved. This final action removes language 
referencing this obsolete regulation and reserves this location. This 
change would not have any effect on the part 635 regulations since 19 
CFR 10.79 has been amended and reserved.
    Finally, the regulation at Sec.  635.21(d)(1)(iii)(D) refers to 
out-of-date coordinates for the Charleston Deep Artificial Reef. This 
final action updates the old boundary coordinates for the Charleston 
Deep Artificial Reef to match the boundary changes that were recently 
made to the Charleston Deep Artificial Reef MPA via Snapper Grouper 
Amendment 36 (82 FR 29772, June 30, 2017).

Classification

    The Assistant Administrator for Fisheries has determined that this 
final rule is necessary for the conservation and management of U.S. 
fisheries and that it is consistent with the Magnuson-Stevens Act, the 
2006 Consolidated Atlantic HMS FMP and its amendments, ATCA, and other 
applicable law.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment are unnecessary and contrary to the public interest. This 
final rule makes only corrective, non-substantive changes to regulatory 
text, adds missing cross-references and/or corrects cross-references to 
HMS regulations, and in several instances, removes unnecessary 
language, and is solely administrative in nature. Therefore, public 
comment would serve no purpose and is unnecessary. Furthermore, it is 
in the public interest to revise the regulations as quickly as possible 
to reduce any potential confusion to the public of the regulatory 
requirements at 50 CFR part 635. Any delay in implementation would 
result in the continuation of this potential confusion. Thus, there is 
also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effective date.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, and a 
proposed rule is not being published, the analytical requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
    NMFS has determined that fishing activities conducted pursuant to 
this rule will not affect endangered and/or threatened species or 
critical habitat listed under the Endangered Species Act, or marine 
mammals protected by the Marine Mammal Protection Act, because the 
action is purely administrative in nature by making editorial 
corrections or clarifications to existing regulatory text, with no 
substantive changes or effects.

List of Subjects in 50 CFR Part 635

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

    Dated: July 9, 2018.
Samuel D. Rauch, III,
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

0
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.


0
 2. In Sec.  635.2, revise the definition of ``Atlantic Aggregated 
LCS,'' remove the definition of ``CK,'' add the definition of 
``Cleithrum to Caudal Keel or CK,'' and revise the definitions of 
``Display permit,'' ``EFP,'' ``Exporter,'' ``Fishing year,'' ``Gulf of 
Mexico Aggregated LCS,'' ``Hammerhead Shark(s),'' ``Highly migratory 
species (HMS),'' ``Large coastal shark (LCS),'' ``Non-blacknose SCS,'' 
``Pelagic shark,'' ``Prohibited shark,'' ``Research LCS,'' ``Small 
coastal shark (SCS),'' and ``Smoothhound shark(s)'' to read as follows:


Sec.  635.2  Definitions.

* * * * *
    Atlantic Aggregated LCS means one of the following species, or 
parts thereof, as listed in Table 1 of appendix A to this part: 
Atlantic blacktip, bull, lemon, nurse, silky, spinner, and tiger.
* * * * *
    Cleithrum to Caudal Keel or CK measurement means the length of a 
fish measured along the body contour, i.e., a curved measurement, from 
the point on the cleithrum that provides the shortest possible 
measurement along the body contour to the anterior portion of the 
caudal keel. The cleithrum is the semicircular bony structure at the 
posterior edge of the gill opening.
* * * * *
    Display permit means a permit issued in order to catch and land HMS 
for the purpose of public display pursuant to Sec.  635.32(d).
* * * * *
    EFP means an exempted fishing permit issued pursuant to Sec.  
600.745 of this chapter or to Sec.  635.32(c).
* * * * *
    Exporter, for purposes of this subpart, is the principal party in 
interest, meaning the party that receives the primary benefit, monetary 
or otherwise, of the export transaction. For exports from the United 
States, the exporter is the U.S. principal party in interest, as 
identified in 15 CFR part 30. An exporter is subject to the 
requirements of this subpart, even if exports are exempt from 
statistical reporting requirements under 15 CFR part 30.
* * * * *
    Fishing year means January 1 through December 31.
* * * * *
    Gulf of Mexico Aggregated LCS means one of the following species, 
or parts thereof, as listed in Table 1 of appendix A to this part: 
Bull, lemon, nurse, silky, spinner, and tiger.
    Hammerhead shark(s) means great, scalloped, and smooth hammerhead 
shark species, or parts thereof, as listed in Table 1 of appendix A to 
this part.
* * * * *
    Highly migratory species (HMS) means bluefin, bigeye, yellowfin, 
albacore, and skipjack tunas; swordfish; sharks (listed in Table 1 of 
appendix A

[[Page 33151]]

to this part); white marlin; blue marlin; sailfish; longbill spearfish; 
and roundscale spearfish.
* * * * *
    Large coastal shark (LCS) means one of the species, or a part 
thereof, listed in heading A, Large Coastal Sharks, of Table 1 of 
appendix A to this part.
* * * * *
    Non-blacknose SCS means one of the species, or part thereof, listed 
in heading B, Small Coastal Sharks, of Table 1 of appendix A to this 
part other than the blacknose shark.
* * * * *
    Pelagic shark means one of the species, or a part thereof, listed 
in heading C, Pelagic Sharks, of Table 1 of appendix A to this part.
* * * * *
    Prohibited shark means one of the species, or a part thereof, 
listed in heading D, Prohibited Sharks, of Table 1 of appendix A to 
this part.
* * * * *
    Research LCS means one of the species, or part thereof, listed in 
heading A, Large Coastal Sharks, of Table 1 of appendix A to this part, 
other than sandbar sharks.
* * * * *
    Small coastal shark (SCS) means one of the species, or a part 
thereof, listed in heading B, Small Coastal Sharks, of Table 1 of 
appendix A to this part.
* * * * *
    Smoothhound shark(s) means one of the species, or part thereof, 
listed in heading E, Smoothhound Sharks, of Table 1 of appendix A to 
this part.
* * * * *

0
 3. In Sec.  635.4, revise paragraphs (a)(3), (6), and (8), (c)(2), 
(d)(4), (e)(2) through (4), (f)(1), (2), (4), and (5), (g)(2), 
(h)(1)(iii), (h)(2), (l)(2)(ii)(A) through (C), (l)(2)(iii) through 
(ix), and (m)(2) to read as follows:


Sec.  635.4  Permits and fees.

* * * * *
    (a)
* * * * *
    (3) Property rights. LAPs or any other permit issued pursuant to 
this part do not represent either an absolute right to the resource or 
any interest that is subject to the takings provision of the Fifth 
Amendment of the U.S. Constitution. Rather, LAPs represent only a 
harvesting privilege that may be revoked, suspended, or amended subject 
to the requirements of the Magnuson-Stevens Act or other applicable 
law.
* * * * *
    (6) Sanctions and denials. A permit issued under this section may 
be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at 15 CFR part 904, subpart D.
* * * * *
    (8) Replacement. NMFS may issue a replacement permit upon the 
request of the permittee. An application for a replacement permit will 
not be considered a new application. An appropriate fee, consistent 
with paragraph (a)(9) of this section, may be charged for issuance of 
the replacement permit.
* * * * *
    (c) * * *
    (2) A vessel with a valid Atlantic Tunas General category permit 
issued under paragraph (d) of this section or with a valid Swordfish 
General Commercial permit issued under paragraph (f) of this section 
may fish in a recreational HMS fishing tournament if the vessel has 
registered for, paid an entry fee to, and is fishing under the rules of 
a tournament that has registered with NMFS' HMS Management Division as 
required under Sec.  635.5(d). When a vessel with a valid Atlantic 
Tunas General category permit or a valid Swordfish General Commercial 
permit is fishing in such a tournament, such vessel must comply with 
HMS Angling category regulations, except as provided in paragraphs 
(c)(3) through (5) of this section.
* * * * *
    (d) * * *
    (4) A person can obtain an Atlantic Tunas Longline category LAP for 
a vessel only if the vessel has been issued both a LAP for shark and a 
LAP, other than handgear, for swordfish. Atlantic Tunas Longline 
category LAPs may only be obtained through transfer from current owners 
consistent with the provisions under paragraph (l)(2) of this section.
* * * * *
    (e) * * *
    (2) The owner of vessels that fish for, take, retain, or possess 
the Atlantic oceanic sharks listed in headings A, B, or C of Table 1 of 
appendix A to this part with an intention to sell must obtain a Federal 
Atlantic commercial shark directed or incidental LAP or an HMS 
Commercial Caribbean Small Boat permit. The only valid Federal 
commercial shark directed and shark incidental LAPs are those that have 
been issued under the limited access program consistent with the 
provisions under paragraphs (l) and (m) of this section.
    (3) A vessel owner issued or required to be issued a Federal 
Atlantic commercial shark directed or shark incidental LAP may harvest, 
consistent with the other regulations in this part, any shark species 
listed in headings A, B, or C of Table 1 of appendix A to this part.
    (4) Owners of vessels that fish for, take, retain, or possess the 
Atlantic oceanic sharks listed in heading E, Smoothhound Sharks, of 
Table 1 of appendix A to this part with an intention to sell them must 
obtain a Federal commercial smoothhound permit. In addition to other 
permits issued pursuant to this section or other authorities, a Federal 
commercial smoothhound permit may be issued to a vessel alone or to a 
vessel that also holds either a Federal Atlantic commercial shark 
directed or incidental LAP.
    (f) * * *
    (1) Except as specified in paragraphs (n) and (o) of this section, 
the owner of a vessel of the United States used to fish for or take 
swordfish commercially from the management unit, or on which swordfish 
from the management unit are retained or possessed with an intention to 
sell, or from which swordfish are sold, must obtain an HMS Charter/
Headboat permit with a commercial sale endorsement issued under 
paragraph (b) of this section, or one of the following swordfish 
permits: A swordfish directed LAP, swordfish incidental LAP, swordfish 
handgear LAP, or a Swordfish General Commercial permit. These permits 
cannot be held in combination with each other on the same vessel, 
except that an HMS Charter/Headboat permit with a commercial sale 
endorsement may be held in combination with a swordfish handgear LAP on 
the same vessel. It is a rebuttable presumption that the owner or 
operator of a vessel on which swordfish are possessed in excess of the 
recreational retention limits intends to sell the swordfish. (2) The 
only valid commercial Federal vessel permits for swordfish are the HMS 
Charter/Headboat permit with a commercial sale endorsement issued under 
paragraph (b) of this section (and only when on a non for-hire trip), 
the Swordfish General Commercial permit issued under paragraph (f) of 
this section, a swordfish LAP issued consistent with paragraphs (l) and 
(m) of this section, or permits issued under paragraphs (n) and (o) of 
this section.
* * * * *
    (4) A directed or incidental swordfish LAP is valid only when the 
vessel has on board a valid shark LAP and a valid Atlantic Tunas 
Longline category LAP issued for such vessel.

[[Page 33152]]

    (5) A Swordfish General Commercial permit may not be held on a 
vessel in conjunction with an HMS Charter/Headboat permit issued under 
paragraph (b) of this section, an HMS Angling category permit issued 
under paragraph (c) of this section, a swordfish LAP issued consistent 
with paragraphs (l) and (m) of this section, an Incidental HMS Squid 
Trawl permit issued under paragraph (n) of this section, or an HMS 
Commercial Caribbean Small Boat permit issued under paragraph (o) of 
this section. A vessel issued a Swordfish General Commercial open 
access permit for a fishing year shall not be issued an HMS Angling 
permit or an HMS Charter/Headboat permit for that same fishing year, 
regardless of a change in the vessel's ownership.
    (g) * * *
    (2) Shark. A dealer, as defined in Sec.  600.10 of this chapter, 
must possess a valid federal Atlantic shark dealer permit to purchase, 
trade, or barter any Atlantic shark listed in Table 1 of appendix A to 
this part except as noted under paragraph (o) of this section.
* * * * *
    (h) * * *
    (1) * * *
    (iii) NMFS may require an applicant to provide documentation 
supporting the application before a permit is issued or to substantiate 
why such permit should not be revoked or otherwise sanctioned under 
paragraph (a)(6) of this section.
* * * * *
    (2) LAPs for swordfish and shark. See paragraph (l) of this section 
for transfers of LAPs for shark and swordfish. See paragraph (m) of 
this section for renewals of LAPs for shark and swordfish.
* * * * *
    (l) * * *
    (2) * * *
    (ii) * * *
    (A) The vessel baseline specifications are the respective 
specifications (length overall, gross registered tonnage, net tonnage, 
horsepower) of the first vessel that was issued an initial LAP or, if 
applicable, of that vessel's replacement owned as of May 28, 1999.
    (B) Subsequent to the issuance of a swordfish handgear LAP, the 
vessel's horsepower may be increased, relative to the baseline 
specifications of the vessel initially issued the LAP, through 
refitting, replacement, or transfer. Such an increase may not exceed 20 
percent of the baseline specifications of the vessel initially issued 
the LAP.
    (C) Subsequent to the issuance of a swordfish handgear LAP, the 
vessel's length overall, gross registered tonnage, and net tonnage may 
be increased, relative to the baseline specifications of the vessel 
initially issued the LAP, through refitting, replacement, or transfer. 
An increase in any of these three specifications of vessel size may not 
exceed 10 percent of the baseline specifications of the vessel 
initially issued the LAP. This type of upgrade may be done separately 
from an engine horsepower upgrade.
    (iii) No person or entity may own or control more than 5 percent of 
the vessels for which swordfish directed, shark directed, or Atlantic 
Tunas Longline category LAPs have been issued.
    (iv) In order to transfer a swordfish, shark, or an Atlantic Tunas 
Longline category LAP to a replacement vessel, the owner of the vessel 
issued the LAP must submit a request to NMFS, at an address designated 
by NMFS, to transfer the LAP to another vessel, subject to requirements 
specified in paragraph (l)(2)(ii) of this section, if applicable. The 
owner must return the current valid LAP to NMFS with a complete 
application for a LAP, as specified in paragraph (h) of this section, 
for the replacement vessel. Copies of both vessels' U.S. Coast Guard 
documentation or state registration must accompany the application.
    (v) For swordfish, shark, and Atlantic Tunas Longline category LAP 
transfers to a different person, the transferee must submit a request 
to NMFS, at an address designated by NMFS, to transfer the original 
LAP(s), subject to the requirements specified in paragraphs (l)(2)(ii) 
and (iii) of this section, if applicable. The following must accompany 
the completed application: The original LAP(s) with signatures of both 
parties to the transaction on the back of the permit(s) and the bill of 
sale for the permit(s). A person must include copies of both vessels' 
U.S. Coast Guard documentation or state registration for LAP transfers 
involving vessels.
    (vi) For LAP transfers in conjunction with the sale of the 
permitted vessel, the transferee of the vessel and LAP(s) issued to 
that vessel must submit a request to NMFS, at an address designated by 
NMFS, to transfer the limited access permit(s) LAP(s), subject to the 
requirements specified in paragraphs (l)(2)(ii) and (iii) of this 
section, if applicable. The following must accompany the completed 
application: The original LAP(s) with signatures of both parties to the 
transaction on the back of the permit(s), the bill of sale for the 
LAP(s) and the vessel, and a copy of the vessel's U.S. Coast Guard 
documentation or state registration.
    (vii) The owner of a vessel issued a LAP(s) who sells the permitted 
vessel but retains the LAP(s) must notify NMFS within 30 days after the 
sale of the change in application information in accordance with 
paragraph (i) of this section. If the owner wishes to transfer the 
LAP(s) to a replacement vessel, he/she must apply according to the 
procedures in paragraph (l)(2)(iv) of this section.
    (viii) As specified in paragraph (f)(4) of this section, a directed 
or incidental swordfish LAP, a directed or incidental shark LAP, and an 
Atlantic Tunas Longline category LAP are required to retain swordfish 
for commercial purposes. Accordingly, a swordfish LAP obtained by 
transfer without either a directed or incidental shark LAP or an 
Atlantic Tunas Longline category LAP will not entitle an owner or 
operator to use a vessel to fish in the swordfish fishery.
    (ix) As specified in paragraph (d)(4) of this section, a directed 
or incidental swordfish LAP, a directed or incidental shark LAP, and an 
Atlantic Tunas Longline category LAP are required to retain Atlantic 
tunas taken by pelagic longline gear. Accordingly, an Atlantic Tunas 
Longline category LAP obtained by transfer without either a directed or 
incidental swordfish or shark LAP will not entitle an owner or operator 
to use the permitted vessel to fish in the Atlantic tunas fishery with 
pelagic longline gear.
    (m) * * *
    (2) Shark and swordfish permits. A vessel owner must obtain the 
applicable LAP(s) issued pursuant to the requirements in paragraphs (e) 
and (f) of this section and/or a Federal commercial smoothhound permit 
issued under paragraph (e) of this section; or an HMS Commercial 
Caribbean Small Boat permit issued under paragraph (o) of this section, 
if: The vessel is used to fish for or take sharks commercially from the 
management unit; sharks from the management unit are retained or 
possessed on the vessel with an intention to sell; or sharks from the 
management unit are sold from the vessel. A vessel owner must obtain 
the applicable LAP(s) issued pursuant to the requirements in paragraphs 
(e) and (f) of this section, a Swordfish General Commercial permit 
issued under paragraph (f) of this section, an Incidental HMS Squid 
Trawl permit issued under paragraph (n) of this section, an HMS 
Commercial Caribbean Small Boat permit issued under paragraph (o) of 
this section, or an HMS Charter/Headboat permit with a commercial sale 
endorsement issued under paragraph (b) of this section,

[[Page 33153]]

which authorizes a Charter/Headboat to fish commercially for swordfish 
on a non for-hire trip subject to the retention limits at Sec.  
635.24(b)(4) if: The vessel is used to fish for or take swordfish 
commercially from the management unit; swordfish from the management 
unit are retained or possessed on the vessel with an intention to sell; 
or swordfish from the management unit are sold from the vessel. The 
commercial retention and sale of swordfish from vessels issued an HMS 
Charter/Headboat permit with a commercial sale endorsement is 
permissible only when the vessel is on a non for-hire trip. Only 
persons holding non-expired shark and swordfish LAP(s) in the preceding 
year are eligible to renew those LAP(s). Transferors may not renew 
LAP(s) that have been transferred according to the procedures in 
paragraph (l) of this section.
* * * * *

0
4. In Sec.  635.5, revise paragraphs (a)(5)(ii), (b)(1)(i), and (c)(2) 
to read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (5) * * *
    (ii) Before fishing under a chartering arrangement, the owner of a 
fishing vessel subject to U.S. jurisdiction must apply for, and obtain, 
a chartering permit as specified in Sec.  635.32(e) and (g). If a 
chartering permit is obtained, the vessel owner must submit catch 
information as specified in the terms and conditions of that permit. 
All catches will be recorded and counted against the applicable quota 
of the Contracting Party to which the chartering foreign entity is a 
member and, unless otherwise provided in the chartering permit, must be 
offloaded in the ports of the chartering foreign entity or offloaded 
under the direct supervision of the chartering foreign entity.
* * * * *
    (b) * * *
    (1) * * *
    (i) Dealers that have been issued or should have been issued a 
Federal Atlantic BAYS tunas, swordfish, and/or shark dealer permit 
under Sec.  635.4 must submit to NMFS all reports required under this 
section within the timeframe specified under paragraph (b)(1)(ii) of 
this section. BAYS tunas, swordfish, and sharks commercially-harvested 
by a vessel can only be first received by dealers that have been issued 
or should have been issued an Atlantic tunas, swordfish, and/or shark 
dealer permit under Sec.  635.4. All federal Atlantic HMS dealers must 
provide a detailed report of all fish first received to NMFS within the 
period specified under paragraph (b)(1)(ii) of this section. All 
reports must be species-specific and must include the required 
information about all swordfish and sharks received by the dealer, 
including the required vessel information, regardless of where the fish 
were harvested or whether the harvesting vessel is permitted under 
Sec.  635.4. For sharks, each report must specify the total weight of 
the carcass(es) without the fins for each species, and the total fin 
weight by grade for all sharks combined. Dealers are also required to 
submit ``negative'' reports, indicating no receipt of any species, 
within the timeframe specified under paragraph (b)(1)(ii) of this 
section if they did not first receive any fish during the reporting 
period. As stated in Sec.  635.4(a)(6), failure to comply with these 
recordkeeping and reporting requirements may result in existing dealer 
permit(s) being revoked, suspended, or modified, and in the denial of 
any permit applications.
* * * * *
    (c) * * *
    (2) Non-tournament landings. The owner, or the owner's designee, of 
a vessel permitted, or required to be permitted, in the Atlantic HMS 
Angling or Atlantic HMS Charter/Headboat category must report all non-
tournament landings of Atlantic blue marlin, Atlantic white marlin, 
roundscale spearfish, and Atlantic sailfish, and all non-tournament and 
non-commercial landings of North Atlantic swordfish to NMFS by 
telephone to a number designated by NMFS, or electronically via the 
internet to an internet website designated by NMFS, or by other means 
as specified by NMFS, within 24 hours of that landing. For telephone 
landing reports, the owner, or the owner's designee, must provide a 
contact phone number so that a NMFS designee can call the vessel owner, 
or the owner's designee, for follow up questions and to confirm the 
reported landing. Regardless of how submitted, landing reports 
submitted to NMFS are not complete unless the vessel owner, or the 
owner's designee, has received a confirmation number from NMFS or a 
NMFS designee.
* * * * *

0
5. In Sec.  635.6, revise paragraphs (b)(1)(ii) and (c)(1) to read as 
follows:


Sec.  635.6  Vessel and gear identification.

* * * * *
    (b) * * *
    (1) * * *
    (ii) In block Arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
* * * * *
    (c) * * *
    (1) The owner or operator of a vessel for which a permit has been 
issued under Sec.  635.4 and that uses handline, buoy gear, 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, buoy gear, or harpoon, and 
on the terminal floats and high-flyers (if applicable) on a longline or 
gillnet used by the vessel. The vessel's name or number must be at 
least 1 inch (2.5 cm) in height in block letters or Arabic numerals in 
a color that contrasts with the background color of the float or high-
flyer.
* * * * *

0
6. In Sec.  635.8, revise paragraphs (a)(1) and (3) and (c)(2) and (3) 
to read as follows:


Sec.  635.8  Workshops.

    (a) * * *
    (1) Both the owner and operator of a vessel that fishes with 
longline or gillnet gear must be certified by NMFS, or its designee, as 
having completed a workshop on the safe handling, release, and 
identification of protected species before a shark or swordfish LAP, 
pursuant to Sec.  635.4(e) and (f), is renewed. For the purposes of 
this section, it is a rebuttable presumption that a vessel fishes with 
longline or gillnet gear if: Longline or gillnet gear is onboard the 
vessel; logbook reports indicate that longline or gillnet gear was used 
on at least one trip in the preceding year; or, in the case of a permit 
transfer to new owners that occurred less than a year ago, logbook 
reports indicate that longline or gillnet gear was used on at least one 
trip since the permit transfer.
* * * * *
    (3) The owner of a vessel that fishes with longline or gillnet 
gear, as specified in paragraph (a)(1) of this section, is required to 
possess on board the vessel a valid protected species safe handling, 
release, and identification workshop certificate issued to that vessel 
owner. A copy of a valid protected species safe handling, release, and 
identification workshop certificate issued to the vessel owner for a 
vessel that fishes with longline or gillnet gear must be included in 
the application package to renew or obtain a shark or swordfish LAP.
* * * * *

[[Page 33154]]

    (c) * * *
    (2) If a vessel fishes with longline or gillnet gear as described 
in paragraph (a)(1) of this section, the vessel owner may not renew a 
shark or swordfish LAP, issued pursuant to Sec.  635.4(e) or (f), 
without submitting a valid protected species workshop certificate with 
the permit renewal application. (3) A vessel that fishes with longline 
or gillnet gear as described in paragraph (a)(1) of this section and 
that has been, or should be, issued a valid LAP pursuant to Sec.  
635.4(e) or (f), may not fish unless a valid protected species safe 
handling, release, and identification workshop certificate has been 
issued to both the owner and operator of that vessel.
* * * * *

0
7. In Sec.  635.9, revise paragraph (e)(4) to read as follows:


Sec.  635.9  Electronic monitoring.

* * * * *
    (e) * * *
    (4) Completion of trip. Within 48 hours of completing a fishing 
trip, the vessel owner or operator must mail the removable EM system 
hard drive(s) containing all data to NMFS or NMFS-approved contractor, 
according to instructions provided by NMFS. The vessel owner or 
operator is responsible for using shipping materials suitable to 
protect the hard drives (e.g., bubble wrap), tracking the package, and 
including a self-addressed mailing label for the next port of call so 
replacement hard drives can be mailed back to the vessel owner or 
operator. Prior to departing on a subsequent trip, the vessel owner or 
operator must install a replacement EM system hard drive(s) to enable 
data collection and video recording. The vessel owner or operator is 
responsible for contacting NMFS or NMFS-approved contractor if they 
have requested but not received a replacement hard drive(s) and for 
informing NMFS or NMFS-approved contractor of any lapse in the hard 
drive management procedures described in the VMP.
* * * * *

0
8. In Sec.  635.14, revise paragraph (b)(1) to read as follows:


Sec.  635.14  Performance metrics.

* * * * *
    (b) * * *
    (1) Bluefin tuna interactions performance metric. The basis for the 
bluefin tuna interactions performance metric is the ratio of the number 
of bluefin tuna interactions (i.e., the number of fish landed, 
discarded dead, and discarded alive) to the total weight of designated 
target species landings (in pounds). For the purposes of this section, 
the designated target species are swordfish; yellowfin, bigeye, 
albacore, and skipjack tunas; dolphin; wahoo; and porbeagle, shortfin 
mako, and thresher sharks. A relatively low bluefin tuna interaction to 
designated species ratio (`bluefin tuna ratio') indicates that the 
vessel has successfully avoided catching bluefin tuna while fishing 
with pelagic longline gear in the performance metric period.
* * * * *

0
9. In Sec.  635.15, revise paragraphs (c)(3)(iv), (k) introductory 
text, and (k)(4)(iii) to read as follows:


Sec.  635.15  Individual bluefin tuna quotas.

* * * * *
    (c) * * *
    (3) * * *
    (iv) Temporary prohibition of leasing IBQ allocation. No leasing of 
IBQ allocation is permitted between 6 p.m. eastern time on December 31 
of one year and 2 p.m. eastern time on January 1 of the next year. This 
period is necessary to provide NMFS time to reconcile IBQ accounts, and 
update IBQ shares and allocations for the upcoming fishing year.
* * * * *
    (k) Initial IBQ shares. During year one of implementation of the 
IBQ Program described in this section, NMFS will issue IBQ shares to 
eligible Atlantic Tunas Longline category LAP holders, as specified in 
paragraph (k)(1) of this section. New entrants to the pelagic longline 
fishery would need to obtain an Atlantic Tunas Longline category LAP, 
as well as other required LAPs, as described under Sec.  635.4(l), and 
would need to lease IBQ allocations per paragraph (c) of this section 
if the LAPs acquired did not qualify for an initial IBQ share.
* * * * *
    (4) * * *
    (iii) Items subject to IAD and appeal. The only items subject to an 
IAD or appeal are: Initial IBQ share eligibility based on ownership of 
an active vessel with a valid Atlantic Tunas Longline category LAP 
combined with the required shark and swordfish LAPs; the accuracy of 
NMFS records regarding that vessel's amount of designated species 
landings and/or bluefin interactions; and correct assignment of target 
species landings and bluefin interactions to the vessel owner/permit 
holder. As described under paragraph (k)(1) of this section, the IBQ 
share formulas are based upon historical data associated with a 
permitted vessel. Because vessels may have changed ownership or permits 
may have been transferred during 2006 through 2012, the current owner 
of a permitted vessel may also appeal on the basis of historical 
changes in vessel ownership or permit transfers. Appeals based on 
hardship factors (e.g., illness of vessel owner, divorce, etc.) will 
not be considered.
* * * * *

0
10. In Sec.  635.19, revise paragraph (e)(4) to read as follows:


Sec.  635.19  Authorized gears.

* * * * *
    (e) * * *
    (4) Except for persons aboard a vessel that has been issued a 
directed, incidental, or handgear swordfish LAP, a Swordfish General 
Commercial permit, an Incidental HMS squid trawl permit, or an HMS 
Commercial Caribbean Small Boat 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.
* * * * *

0
11. In Sec.  635.20, revise paragraph (b) to read as follows:


Sec.  635.20  Size limits.

* * * * *
    (b) BFT size classes. If the head of a BFT is no longer attached, 
the size class of the BFT shall be determined using pectoral fin curved 
fork length (PFCFL) multiplied by a conversion factor of 1.35. The CFL, 
as determined by conversion of the PFCFL, will be the sole criterion 
for determining the size class of a beheaded BFT. The conversion factor 
may be adjusted after consideration of additional scientific 
information and fish measurement data, and will be made effective by 
filing notification of the adjustment with the Office of the Federal 
Register for publication.
* * * * *

0
12. In Sec.  635.21, revise paragraphs (b)(1), (c)(3) and (4), 
(c)(5)(ii)(C)(1), (c)(5)(iii)(A), (c)(5)(iii)(B) introductory text, 
(c)(5)(iv), (d)(1)(iii)(D), (d)(2)(ii), and (g)(1) through (3) to read 
as follows:


Sec.  635.21  Gear operation and deployment restrictions.

* * * * *
    (b) * * *
    (1) All vessels that have pelagic or bottom longline gear onboard 
and that have been issued, or are required to have, a swordfish, shark, 
or Atlantic Tunas Longline category LAP for use in the Atlantic Ocean 
including the Caribbean Sea and the Gulf of Mexico must possess inside 
the wheelhouse the document provided by NMFS entitled

[[Page 33155]]

``Careful Release Protocols for Sea Turtle Release with Minimal 
Injury,'' and must also post inside the wheelhouse the sea turtle 
handling and release guidelines provided by NMFS.
* * * * *
    (c) * * *
    (3) A vessel that has been issued, or is required to have been 
issued, a LAP under this part may fish with pelagic longline gear in 
the Cape Hatteras gear restricted area described in paragraph (c)(2)(v) 
of this section, provided the vessel has been determined by NMFS to be 
``qualified,'' (for the relevant year) using the performance metrics 
described in Sec.  635.14.
    (4) In the Gulf of Mexico, pelagic longline gear may not be fished 
or deployed from a vessel issued or required to have been issued a LAP 
under this part with live bait affixed to the hooks; and, a person 
aboard a vessel issued or required to have been issued a LAP under this 
part that has pelagic longline gear on board may not possess live 
baitfish, maintain live baitfish in any tank or well on board the 
vessel, or set up or attach an aeration or water circulation device in 
or to any such tank or well. For the purposes of this section, the Gulf 
of Mexico includes all waters of the U.S. EEZ west and north of the 
boundary stipulated at 50 CFR 600.105(c).
    (5) * * *
    (ii) * * *
    (C) * * *
    (1) Non-boated turtles should be brought close to the boat and 
provided with time to calm down. Then, it must be determined whether or 
not the hook can be removed without causing further injury. A front 
flipper or flippers of the turtle must be secured with an approved 
turtle control device from the list specified in paragraph 
(c)(2)(vii)(D) of this section.
* * * * *
    (iii) * * *
    (A) Gangion length. The length of any gangion on vessels that have 
pelagic longline gear on board and that have been issued, or are 
required to have, a swordfish, shark, or Atlantic Tunas Longline 
category LAP for use in the Atlantic Ocean including the Caribbean Sea 
and the Gulf of Mexico must be at least 10 percent longer than any 
floatline length if the total length of any gangion plus the total 
length of any floatline is less than 100 meters.
    (B) Hook size, type, and bait. Vessels fishing outside of the NED 
gear restricted area, as defined at Sec.  635.2, that have pelagic 
longline gear on board, and that have been issued, or are required to 
have, a swordfish, shark, or Atlantic Tunas Longline category LAP for 
use in the Atlantic Ocean, including the Caribbean Sea and the Gulf of 
Mexico, are limited, at all times, to possessing on board and/or using 
only whole finfish and/or squid bait, and the following types and sizes 
of fishing hooks:
* * * * *
    (iv) Approval of sea turtle bycatch mitigation gear. NMFS will file 
with the Office of the Federal Register for publication an initial list 
of required sea turtle bycatch mitigation gear that NMFS has approved 
as meeting the minimum design standards specified under paragraph 
(c)(5)(i) of this section. Other devices proposed for use, such as line 
clippers or cutters or dehookers, as specified under paragraphs 
(c)(5)(i)(A) through (C), (G), and (H) through (K) of this section, 
must be approved as meeting the minimum design standards before being 
used. NMFS will examine new devices, as they become available, to 
determine if they meet the minimum design standards, and will file with 
the Office of the Federal Register for publication notification of any 
new devices that are approved as meeting the standards.
* * * * *
    (d) * * *
    (1) * * *
    (iii) * * *
    (D) Charleston Deep Artificial Reef. Bounded by rhumb lines 
connecting, in order, the following points: 32[deg]9.65' N lat., 
79[deg]9.2' W long.; 32[deg]7.155' N lat., 79[deg]5.595' W long.; 
32[deg]2.36' N lat., 79[deg]9.975' W long.; 32[deg]5.04' N lat., 
79[deg]13.575' W long.
* * * * *
    (2) * * *
    (ii) Handling and release requirements. Sea turtle bycatch 
mitigation gear, as required by paragraph (d)(2)(i) of this section, 
must be used to disengage any hooked or entangled sea turtle as stated 
in paragraph (c)(5)(ii) of this section. This mitigation gear should 
also be employed to disengage any hooked or entangled species of 
prohibited sharks as listed under heading D, Prohibited Sharks, of 
Table 1 of appendix A to this part, any hooked or entangled species of 
sharks that exceed the retention limits as specified in Sec.  
635.24(a), and any hooked or entangled smalltooth sawfish. In addition, 
if a smalltooth sawfish is caught, the fish should be kept in the water 
while maintaining water flow over the gills and the fish should be 
examined for research tags. All smalltooth sawfish must be released in 
a manner that will ensure maximum probability of survival, but without 
removing the fish from the water or any research tags from the fish.
* * * * *
    (g) * * *
    (1) Persons fishing with gillnet gear must comply with the 
provisions implementing the Atlantic Large Whale Take Reduction Plan, 
the Bottlenose Dolphin Take Reduction Plan, the Harbor Porpoise Take 
Reduction Plan, and any other relevant Take Reduction Plan set forth in 
Sec. Sec.  229.32 through 229.35 of this title. If a listed whale is 
taken, the vessel operator must cease fishing operations immediately 
and contact NMFS as required under part 229 of this title.
    (2) While fishing with a drift gillnet, a vessel issued or required 
to be issued a Federal Atlantic commercial shark LAP and/or a Federal 
commercial smoothhound permit must conduct net checks at least every 2 
hours to look for and remove any sea turtles, marine mammals, Atlantic 
sturgeon, or smalltooth sawfish, and the drift gillnet must remain 
attached to at least one vessel at one end, except during net checks. 
Smalltooth sawfish must not be removed from the water while being 
removed from the net.
    (3) While fishing with a sink gillnet, vessels issued or required 
to be issued a Federal Atlantic commercial shark LAP and/or a Federal 
commercial smoothhound permit must limit the soak time of the sink 
gillnet gear to no more than 24 hours, measured from the time the sink 
gillnet first enters the water to the time it is completely removed 
from the water. Smalltooth sawfish must not be removed from the water 
while being removed from the net.
* * * * *

0
13. In Sec.  635.22, revise paragraphs (c)(1) and (5), (d), and (f) 
introductory text to read as follows:


Sec.  635.22  Recreational retention limits.

* * * * *
    (c) * * *
    (1) The recreational retention limit for sharks applies to any 
person who fishes in any manner, except to persons aboard a vessel that 
has been issued a Federal Atlantic commercial shark vessel permit under 
Sec.  635.4. The retention limit can change depending on the species 
being caught and the size limit under which they are being caught as 
specified under Sec.  635.20(e). If a commercial Atlantic shark quota 
is closed under Sec.  635.28(b), the recreational retention limit for 
sharks and no sale provision in paragraph (a) of this section may be 
applied to persons aboard a vessel issued a Federal Atlantic commercial 
shark vessel permit under Sec.  635.4(e),

[[Page 33156]]

only if that vessel has also been issued an HMS Charter/Headboat permit 
with a shark endorsement under Sec.  635.4(b) and is engaged in a for-
hire fishing trip. A person on board a vessel that has been issued or 
is required to be issued a permit with a shark endorsement under Sec.  
635.4 may be required to use non-offset, corrodible circle hooks as 
specified in Sec.  635.21(f) and (k) in order to retain sharks per the 
retention limits specified in this section.
* * * * *
    (5) Sharks listed in Table 1 of appendix A to this part that are 
not listed in this section, must be released by persons aboard a vessel 
that has not been issued a Federal Atlantic commercial shark vessel 
permit under Sec.  635.4(e).
* * * * *
    (d) Yellowfin tuna. Three yellowfin tunas per person per day may be 
retained. Regardless of the length of a trip, no more than three 
yellowfin tuna per person may be possessed on board a vessel. The 
recreational retention limit for yellowfin tuna applies to a person who 
fishes in any manner, except to a person aboard a vessel issued an 
Atlantic Tunas vessel permit under Sec.  635.4(d). 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 under Sec.  635.4(b) only when the vessel is 
engaged in a for-hire trip.
* * * * *
    (f) North Atlantic swordfish. The recreational retention limits for 
North Atlantic swordfish apply to persons who fish in any manner, 
except to persons aboard a vessel that has been issued an HMS Charter/
Headboat permit with a commercial sale endorsement under Sec.  635.4(b) 
and only when on a non for-hire trip; a directed, incidental or 
handgear swordfish LAP under Sec.  635.4(e) and (f); a Swordfish 
General Commercial permit under Sec.  635.4(f); an Incidental HMS Squid 
Trawl permit under Sec.  635.4(n); or an HMS Commercial Caribbean Small 
boat permit under Sec.  635.4(o).
* * * * *

0
14. In Sec.  635.23, revise paragraphs (a)(2) and (4) to read as 
follows:


Sec.  635.23  Retention limits for bluefin tuna.

* * * * *
    (a) * * *
    (2) On an RFD, no person aboard a vessel that has been issued an 
Atlantic Tunas General category permit may fish for, possess, retain, 
land, or sell a BFT of any size class, and catch-and-release or tag-
and-release fishing for BFT under Sec.  635.26(a) is not authorized 
from such vessel. On days other than RFDs, and when the General 
category is open, large medium or giant BFT may be caught and landed 
from such vessels up to the daily retention limit in effect for that 
day. NMFS will annually publish a schedule of RFDs in the Federal 
Register.
* * * * *
    (4) To provide for maximum utilization of the quota for BFT, NMFS 
may increase or decrease the daily retention limit of large medium and 
giant BFT over a range from zero (on RFDs) to a maximum of five per 
vessel. Such increase or decrease will be based on the criteria 
provided under Sec.  635.27(a)(8). NMFS will adjust the daily retention 
limit specified in paragraph (a)(2) of this section by filing an 
adjustment with the Office of the Federal Register for publication. In 
no case shall such adjustment be effective less than 3 calendar days 
after the date of filing with the Office of the Federal Register, 
except that previously designated RFDs may be waived effective upon 
closure of the General category fishery so that persons aboard vessels 
permitted in the General category may conduct tag-and-release fishing 
for BFT under Sec.  635.26(a).
* * * * *

0
 15. In Sec.  635.27, revise the paragraphs (b)(1) introductory text, 
(c)(1)(i)(A) and (B), and (d)(1) to read as follows:


Sec.  635.27  Quotas.

* * * * *
    (b) * * *
    (1) Commercial quotas. The commercial quotas for sharks specified 
in this section apply to all sharks harvested from the management unit, 
regardless of where harvested. Sharks caught and landed commercially 
from state waters, even by fishermen without Federal shark permits, 
must be counted against the appropriate commercial quota. Any of the 
base quotas listed below, including regional and/or sub-regional base 
quotas, may be adjusted per paragraph (b)(2) of this section. Any 
sharks landed commercially as ``unclassified'' will be counted against 
the appropriate quota based on the species composition calculated from 
data collected by observers on non-research trips and/or dealer data. 
No prohibited sharks, including parts or pieces of prohibited sharks, 
which are listed under heading D, Prohibited Sharks, of Table 1 of 
appendix A to this part, may be retained except as authorized under 
Sec.  635.32. For the purposes of this section, the boundary between 
the Gulf of Mexico region and the Atlantic region is defined as a line 
beginning on the east coast of Florida at the mainland at 25[deg]20.4' 
N. lat., proceeding due east. Any water and land to the south and west 
of that boundary is considered, for the purposes of quota monitoring 
and setting of quotas, to be within the Gulf of Mexico region. Any 
water and land to the north and east of that boundary, for the purposes 
of quota monitoring and setting of quotas, is considered to be within 
the Atlantic region.
* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (A) A swordfish from the North Atlantic stock caught prior to the 
directed fishery closure by a vessel for which a directed swordfish 
LAP, a swordfish handgear LAP, an HMS Commercial Caribbean Small Boat 
permit, a Swordfish General Commercial open access permit, or an HMS 
Charter/Headboat permit with a commercial sale endorsement (and only 
when on a non for-hire trip) has been issued or is required to have 
been issued is counted against the directed fishery quota. The total 
baseline annual fishery quota, before any adjustments, is 2,937.6 mt dw 
for each fishing year. Consistent with applicable ICCAT 
recommendations, a portion of the total baseline annual fishery quota 
may be used for transfers to another ICCAT contracting party. The 
annual directed category quota is calculated by adjusting for over- or 
under harvests, dead discards, any applicable transfers, the incidental 
category quota, the reserve quota and other adjustments as needed, and 
is subdivided into two equal semiannual periods: One for January 1 
through June 30, and the other for July 1 through December 31.
    (B) A swordfish from the North Atlantic swordfish stock landed by a 
vessel for which an incidental swordfish LAP, an incidental HMS Squid 
Trawl permit, an HMS Angling permit, or an HMS Charter/Headboat permit 
(and only when on a for-hire trip) has been issued, or a swordfish from 
the North Atlantic stock caught after the effective date of a closure 
of the directed fishery from a vessel for which a swordfish directed 
LAP, a swordfish handgear LAP, an HMS Commercial Caribbean Small Boat 
permit, a Swordfish General Commercial open access permit, or an HMS 
Charter/Headboat permit with a commercial sale endorsement (when on a 
non for-hire trip) has been issued, is counted against the incidental 
category

[[Page 33157]]

quota. The annual incidental category quota is 300 mt dw for each 
fishing year.
* * * * *
    (d) * * *
    (1) Unless adjusted under paragraph (d)(2) of this section or by an 
ICCAT recommendation, the annual landings limit is 250 Atlantic blue 
and white marlin, combined. Annual landings of roundscale spearfish are 
also included to the blue and white marlin annual landings limit. 
Should the U.S. recreational Atlantic marlin landing limit be adjusted 
by an ICCAT recommendation, NMFS will file a notice identifying the new 
landing limit with the Office of the Federal Register for publication 
prior to the start of the next fishing year or as early as possible.
* * * * *

0
16. In Sec.  635.28, revise paragraphs (a)(3) introductory text, 
(b)(1)(iv), (b)(7), (c)(3), and (d) to read as follows:


Sec.  635.28  Fishery closures.

* * * * *
    (a) * * *
    (3) When the Atlantic Tunas Longline category quota is reached, 
projected to be reached, or exceeded, or when there is high uncertainty 
regarding the estimated or documented levels of bluefin tuna catch, 
NMFS will file a closure action with the Office of the Federal Register 
for publication. On and after the effective date and time of such 
action, for the remainder of the fishing year or for a specified period 
as indicated in the closure action, vessels that have been issued or 
are required to have a LAP under Sec.  635.4 and that have pelagic 
longline gear onboard are prohibited from leaving port, regardless of 
the amount of bluefin tuna quota allocation remaining to each vessel or 
the amount of fishery quota remaining for other species. In addition to 
providing notice in the Federal Register, NMFS will also notify vessels 
of any closures and their timing via VMS and may use other electronic 
methods, such as email. Vessels would be required to return to port 
prior to the closure date/time. When considering whether to close or 
reopen the Longline category quota, NMFS may consider the following 
factors:
* * * * *
    (b) * * *
    (1) * * *
    (iv) The species is a prohibited species as listed under heading D, 
Prohibited Species of Table 1 of appendix A to this part; or
* * * * *
    (7) If the Atlantic Tunas Longline category quota is closed as 
specified in paragraph (a)(3) of this section, vessels that have 
pelagic longline gear on board cannot possess, retain, land, or sell 
sharks.
    (c) * * *
    (3) Bluefin tuna Longline category closure. If the Atlantic Tunas 
Longline category quota is closed as specified in paragraph (a)(3) of 
this section, vessels that have pelagic longline gear on board cannot 
possess or land any North Atlantic swordfish or bluefin tuna.
    (d) Northern albacore tuna. When the annual fishery quota specified 
in Sec.  635.27(e) is reached, or is projected to be reached, NMFS will 
file a closure action with the Office of the Federal Register for 
publication. When the fishery for Northern albacore tuna is closed, 
Northern albacore tuna may not be retained. If the Atlantic Tunas 
Longline category quota is closed as specified in paragraph (a)(3) of 
this section, vessels that have pelagic longline gear on board cannot 
possess or land any Northern albacore tuna.

0
17. In Sec.  635.31, revise paragraph (d)(2) to read as follows:


Sec.  635.31   Restrictions on sale and purchase.

* * * * *
    (d) * * *
    (2) Atlantic swordfish dealers may first receive a swordfish 
harvested from the Atlantic Ocean only from an owner or operator of a 
fishing vessel that has a valid commercial permit for swordfish issued 
under this part, and only if the dealer has submitted reports to NMFS 
according to reporting requirements of Sec.  635.5(b)(1)(ii). Atlantic 
swordfish dealers may first receive a swordfish from a vessel that has 
pelagic longline gear onboard only if the Atlantic Tunas Longline 
category has not been closed, as specified in Sec.  635.28(a)(3).

0
18. In Sec.  635.34, revise the introductory text of paragraph (c) to 
read as follows:


Sec.  635.34  Adjustment of management measures.

* * * * *
    (c) NMFS may add species to the prohibited shark species group 
specified in heading D, Prohibited Sharks, of Table 1 of appendix A to 
this part if, after considering the criteria in paragraphs (c)(1) 
through (4) of this section, the species is determined to meet at least 
two of the criteria. Alternatively, NMFS may remove species from the 
prohibited shark species group and place them in the appropriate shark 
species group in Table 1 of appendix A if, after considering the 
criteria in paragraphs (c)(1) through (4) of this section, NMFS 
determines the species only meets one criterion.
* * * * *

0
 19. In Sec.  635.40, revise the introductory text of paragraph (b)(1) 
and remove and reserve paragraph (b)(3) to read as follows:


Sec.  635.40  Restrictions to enhance conservation.

* * * * *
    (b) * * *
    (1) For the purposes of paragraph (a) of this section and section 
971d(6)(a) of ATCA, a shipment of fish in any form of the species under 
regulation or under investigation by ICCAT offered for entry, directly 
or indirectly, from a country named in a finding filed with the Office 
of the Federal Register for publication under paragraph (a) of this 
section is eligible for entry if the shipment is accompanied by a 
completed ATCA COE attached to the invoice certifying that the fish in 
the shipment:
* * * * *

0
 20. In Sec.  635.71 revise paragraphs (a)(53), (b)(20), (36) through 
(38), and (40), and (e)(10) and (11) to read as follows:


Sec.  635.71  Restrictions on sale and purchase.

* * * * *
    (a) * * *
    (53) Fish for, catch, possess, retain, or land an Atlantic 
swordfish using, or captured on, ``buoy gear'' as defined at Sec.  
635.2, unless the vessel owner has been issued a swordfish directed 
limited access 125 permit or a swordfish handgear LAP in accordance 
with Sec.  635.4(f) or a valid HMS Commercial Caribbean Small Boat 
permit in accordance with Sec.  635.4(o).
* * * * *
    (b) * * *
    (20) Approach to within 100 yd (91.5 m) of the cork line of a purse 
seine net used by a vessel fishing for Atlantic tuna, or for a purse 
seine vessel to approach to within 100 yd (91.5 m) of a vessel actively 
fishing for Atlantic tuna, except that two vessels that have Atlantic 
Tunas Purse Seine category LAPs may approach closer to each other.
* * * * *
    (36) Possess J-hooks onboard a vessel that has pelagic longline 
gear onboard, and that has been issued, or is required to have, a 
swordfish, shark, or Atlantic Tunas Longline category LAP for use in 
the Atlantic Ocean, including the Caribbean Sea and the Gulf of Mexico, 
except when green-stick gear is onboard,

[[Page 33158]]

as specified at Sec.  635.21(c)(2)(vii)(A) and (c)(5)(iii)(B)(3).
    (37) Use or deploy J-hooks with pelagic longline gear from a vessel 
that has been issued, or is required to have, a swordfish, shark, or 
Atlantic Tunas Longline category LAP for use in the Atlantic Ocean, 
including the Caribbean Sea and Gulf of Mexico, as specified in Sec.  
635.21(c)(5)(iii)(B).
    (38) As specified in Sec.  635.21(c)(5)(iii)(B)(3), possess more 
than 20 J-hooks onboard a vessel that has been issued, or is required 
to have, a swordfish, shark, or Atlantic Tunas Longline category LAP 
for use in the Atlantic Ocean, including the Caribbean Sea and Gulf of 
Mexico, when possessing onboard both pelagic longline gear and green-
stick gear as defined in Sec.  635.2.
* * * * *
    (40) Possess, use, or deploy J-hooks smaller than 1.5 inch (38.1 
mm), when measured in a straight line over the longest distance from 
the eye to any part of the hook, when fishing with or possessing green-
stick gear onboard a vessel that has been issued, or is required to 
have, a swordfish, shark, or Atlantic Tunas Longline category LAP for 
use in the Atlantic Ocean, including the Caribbean Sea and Gulf of 
Mexico, as specified at Sec.  635.21(c)(5)(iii)(B)(3) or 
(c)(2)(vii)(A).
* * * * *
    (e) * * *
    (10) Fish for, catch, possess, retain, or land an Atlantic 
swordfish using, or captured on, ``buoy gear'' as defined at Sec.  
635.2, unless, as specified in Sec.  635.19(e)(3), the vessel owner has 
been issued a swordfish directed LAP or a swordfish handgear LAP in 
accordance with Sec.  635.4(f) or a valid HMS Commercial Caribbean 
Small Boat permit in accordance with Sec.  635.4(o).
    (11) As the owner of a vessel permitted, or required to be 
permitted, in the swordfish directed, swordfish handgear LAP category, 
or issued a valid HMS Commercial Caribbean Small Boat permit and 
utilizing buoy gear, to possess or deploy more than 35 individual 
floatation devices, to deploy more than 35 individual buoy gears per 
vessel, or to deploy buoy gear without affixed monitoring equipment, as 
specified at Sec.  635.21(h).
* * * * *
[FR Doc. 2018-14916 Filed 7-16-18; 8:45 am]
 BILLING CODE 3510-22-P