[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37700-37705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17597]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 981216308-9180-03; I.D. 052699A]
RIN 0648-AJ67
Atlantic Highly Migratory Species (HMS) Fisheries; Regulatory
Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS is amending the final consolidated regulations governing
the Atlantic HMS fisheries to clarify the applicability of recreational
retention limits to persons aboard charter/headboat vessels; to set
Atlantic bluefin tuna (BFT) quotas for the period beginning January 1,
1999, and ending May 31, 1999; to clarify the requirements for
embarking observers aboard shark gillnet vessels; to reestablish
certain enforcement provisions inadvertently edited from the
consolidated HMS regulations; to clarify transfer provisions for
limited access
[[Page 37701]]
permits; to correct the baseline reference point for limited access
fishery vessel upgrades; to clarify references to the management unit
and jurisdictional areas for species under regulation by the
International Commission for the Conservation of Atlantic Tunas
(ICCAT); to correct the effective dates of the restriction on length of
pelagic longlines; to correct cross references; and to remove the
interim provisions that were not intended to remain in effect beyond
June 30, 1999.
DATES: Effective July 1, 1999, except that Sec. 635.69(h) will be
effective September 1, 1999.
FOR FURTHER INFORMATION CONTACT: Chris Rogers at 301-713-2347, FAX:
301-713-1917.
SUPPLEMENTARY INFORMATION: On May 28, 1999, NMFS published a final rule
(64 FR 29090) that implemented the Atlantic Tunas, Swordfish, and
Sharks Fishery Management Plan (HMS FMP), and an Amendment to the
Atlantic Billfish FMP and that consolidated regulations for Atlantic
HMS into one CFR part. The final consolidated rule inadvertently
omitted certain provisions of the final HMS FMP and/or previously
issued regulations and contained regulatory text that, in some
instances, was not consistent with the final HMS FMP. In addition,
because the final rule was not to be effective until July 1, 1999,
certain interim provisions that pertained to fishing activities
occurring in June were made effective on May 24, 1999. However, the
amendatory instructions did not indicate that the effectiveness of the
interim provisions would lapse as of the effective date of the
remainder of the final rule because these provisions duplicate
regulatory text that appears elsewhere in 50 CFR part 635. Finally, a
supplement to the proposed rule to implement the HMS FMP (64 FR 9298,
February 25, 1999) proposed, among other things, BFT quotas for the
proposed new fishing year to begin on June 1, 1999, and, as a
consequence, BFT quotas for the transition period of January 1, 1999,
through May 31, 1999. The final consolidated HMS regulations
implemented the new fishing year, and final quota specifications were
issued in a separate document (64 FR 29806, June 3, 1999). The quotas
for the transition period were inadvertently omitted from the final
specifications notice. All these items are rectified by this technical
amendment.
Shark Gillnet Observers
Under the terms of the biological opinion issued as a result of an
Endangered Species Act, section 7, consultation on the HMS FMP, NMFS
required that all shark gillnet vessels carry an observer on all trips
in the southeast during the season when right whales are present.
It was intended that the mandatory observer requirement apply only
to vessels in the directed shark fishery and not to vessels taking
sharks under an incidental catch limited access permit or under the
recreational retention limit. The regulatory text was drafted such that
the observer requirement was broader than that intended. This technical
amendment revises the regulatory text to clarify that observers are
required to be embarked on all trips of gillet vessels issued directed
shark limited access permits.
Jurisdictional Issues
Regulations managing the Atlantic shark fishery are issued under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and as such are generally
applicable with respect to the U.S. exclusive economic zone (EEZ). As
some Atlantic sharks in the management unit are harvested from waters
under state jurisdiction and by vessels that fish exclusively in state
waters, certain of the Federal regulations may not apply to all vessels
or to all cases of transfer of sharks to a dealer. Specifically,
federally permitted dealers may purchase regulated sharks from non-
federally permitted vessels that fish for sharks exclusively in waters
under state jurisdiction but may not purchase sharks from federally
permitted vessels after a closure of any specific management group even
if those sharks were taken shoreward of the EEZ.
Regulations governing the management of Atlantic billfish are
issued under the authority of the Magnuson-Stevens Act and, if
implementing a recommendation of ICCAT, also under the authority of the
Atlantic Tunas Convention Act (ATCA). As such, billfish regulations,
generally applicable in the U.S. exclusive economic zone (EEZ), may
apply throughout all waters of the convention area or for a particular
stock management unit, as defined by ICCAT. As regulated billfish may
be harvested from waters under state, U.S. EEZ, or high seas
jurisdictions, or by persons or vessels subject to U.S. jurisdiction
within the EEZ of another nation bordering the convention area, certain
Federal regulations may apply in all areas, depending on the ICCAT
recommendation and the species.
In consolidating the HMS regulations under 50 CFR part 635, certain
specific references to these jurisdictional issues for sharks and
billfish were inadvertently omitted or stated incorrectly. This
technical amendment clarifies these
jurisdictional issues and the applicability of Federal regulations
for the different species within the U.S. EEZ and the U.S. territorial
sea, or on the high seas, or within the EEZ of another nation.
Facilitation of Enforcement
In consolidating the HMS regulations into one CFR part, certain
provisions were inadvertently omitted or drafting errors occurred which
limit NMFS' ability to enforce the regulations. Specifically, omitted
language in the prohibitions on attempting to purchase, sell, trade, or
barter HMS contrary to the regulations elsewhere in 50 CFR part 635 is
necessary to facilitate enforcement. Also, reports of BFT landed under
the Angling category quota must be made through NMFS' automated catch
reporting system. A drafting error in the final rule omitted the 24-
hour time limit for such catch reporting. To facilitate enforcement,
this technical amendment reestablishes the 24-hour requirement.
Additionally, a provision for access to position data was inadvertently
omitted from the regulations on vessel monitoring systems. For
enforcement purposes, NMFS must have unrestricted access to vessel
position information. Because VMS units transmit from the vessel to
NMFS through a communications service provider that is a third party,
access to the data could be at issue. This technical amendment adds the
omitted regulatory text and corrects the drafting errors.
Transferability of Tuna Permits
The final consolidated HMS regulations limit transferability of
tuna permits to those limited access permits issued to purse seine
vessels. As stated in the HMS FMP, however, the limited access program
for the Atlantic swordfish and shark fisheries required that limited
access also be implemented in the tuna longline fishery so that
regulatory discards of swordfish and sharks would not increase in an
expanding tuna longline fishery. Further, because the final regulations
introduced a limited access system for Atlantic Tunas Longline category
permits, and the transfer provisions of the swordfish/shark LAPs
require that an Atlantic tunas permit also be obtained, it is necessary
to allow the limited access Longline category permits to be transferred
from current owners rather than issued on an open-
[[Page 37702]]
access basis by NMFS. This Technical amendment corrects the drafting
error to make limited access Atlantic Tunas Longline category permits
transferable.
Vessel Upgrade Baseline
As limited access permits for shark, swordfish, and tuna longline
vessels were issued based on historical records, certain qualifying
vessels were no longer owned by current fishery participants but had
been replaced with the intent to retain the qualifying catch history.
The HMS FMP established the baseline for limited access vessel upgrades
as of the date of publication of the final rule (May 28, 1999).
Accordingly, this technical amendment clarifies the regulatory text to
establish the baseline for upgrade of vessel parameters (length,
tonnage, horsepower) to coincide with the vessel owned as of May 28,
1999, in such cases that the limited access qualifying vessel had
already been replaced.
Retention Limits for Charter/Headboats
NMFS recognizes that certain vessels operating as charter vessels
and headboats by taking anglers fishing for HMS on a fee basis may, on
occasion, sell fish taken by those anglers. Additionally, some of these
vessels may, when not operating as a charter/headboat, directly engage
in commercial fishing operations. As the retention limits applicable to
the recreational fisheries for HMS do not generally apply to persons
aboard permitted commercial fishing vessels, it is necessary to clarify
the circumstances under which persons aboard a charter/headboat vessel
are subject to the recreational retention limits.
For BFT, the consolidated regulations at 50 CFR part 635 allow
persons aboard a vessel issued an Atlantic tunas permit in the Charter/
Headboat category to land BFT either against the Angling category quota
or against the General category quota subject to the applicable size
limits, daily catch limits, restricted fishing days and closures. The
designation of category is determined by the size of the first BFT
retained. Such designation is practical for BFT because the quota
categories are related to size limits.
A similar designation is not possible for yellowfin tuna (YFT)
because all fish above the 27-inch minimum size limit may be landed in
either the commercial or recreational fisheries. While the HMS FMP and
compliance guide clearly indicated NMFS' intent that the daily catch
limit of three YFT per person per day would apply to persons aboard
vessels permitted in the Atlantic Tunas Charter/Headboat category, the
consolidated regulations at 50 CFR part 635 are not clear. Although the
regulations at Sec. 635.22(a) indicate that the YFT retention limit
applies to all persons aboard vessels in the recreational fishery, that
same section states that the limit does not apply aboard vessels issued
a commercial permit. Under Sec. 635.4, the Atlantic Tunas Charter/
Headboat category permit is classified as a commercial permit, and fish
landed by persons aboard such vessels may be sold to permitted dealers.
The technical amendment revises the regulatory text to clarify that
the YFT retention limit applies to persons aboard charter/headboat
vessels. While such YFT may be sold to permitted dealers, the number of
fish landed cannot exceed three times the number of persons aboard,
including captain and crew.
Transition Period BFT Quota
In specifying the 1999 BFT allocations, NMFS considered carryover
adjustments from the 1998 fishing year, new provisions for the discard
allowance and limitations on school BFT catch, and additional
adjustments to accommodate the establishment of the new fishing year
proposed to begin on June 1, 1999. NMFS proposed to allocate BFT quota
for the transition period (January 1, 1999, through May 31, 1999) based
on underharvest in 1998. At the end of 1998, the following subquotas
had not been harvested: 1 metric ton (mt) in the General category, 2 mt
in the Purse Seine category, 67 mt in the Angling category, and 26 mt
in the Incidental (Longline) category. Additionally, 15 mt remained in
the Reserve category.
NMFS proposed to use the 1998 underharvest from the Angling and
Incidental categories for the transition period, a time period in which
only the Angling and Longline fishing categories would be active. Based
on public comment, NMFS had determined that no changes to the proposed
transition period BFT quota specifications were necessary. However, the
final BFT quota specifications published on June 3, 1999 (64 FR 29806)
inadvertently omitted the transition period to the new fishing year
beginning June 1, 1999. NMFS, therefore, issues final BFT quota
specifications for the transition period of January 1, 1999, through
May 31, 1999 in this technical amendment to the final rule.
Consistent with the proposed transition period BFT quota
specifications, NMFS subdivides the Angling category transition period
quota of 79 mt as follows: Large school/small medium bluefin--75 mt,
with 16 mt to the northern area and 59 mt to the southern area; and
large medium/giant bluefin--4 mt, allocated entirely to the southern
area given the distribution of large BFT during the period. NMFS also
subdivides the Longline category transition period quota of 26 mt as
follows: 1 mt to longline vessels operating north of 34 deg. N. lat.
and 25 mt to longline vessels operating south of 34 deg. N. lat. During
the transition period, no BFT quota is allocated to other fishing
categories.
Longline Operations
In the final consolidated HMS regulations, the period during which
pelagic longlines deployed in the Mid-Atlantic Bight are limited to 24
nautical miles was misspecified. The corrected regulatory text limits
the length of longlines for the period beginning August 1, 1999, and
ending November 30, 2000. Additionally, the prohibition at Sec. 635.71
(a)(18) regarding movement of longline gear after an entanglement with
a protected species is corrected to cross reference paragraph
Sec. 635.21(c)(3).
Classification
The Assistant Administrator for Fisheries, under 5 U.S.C.
553(b)(B), finds that providing prior notice and opportunity for public
comment on this rule is unnecessary and contrary to the public
interest. The rule merely corrects an earlier rule by clarifying
regulatory text inconsistent with the final HMS FMP, correcting
drafting errors, and reestablishing regulatory provisions that were
intended to remain in effect but were inadvertently omitted during the
consolidation. These corrections and clarifications are necessary to
avoid adverse impacts on fishery participants that would result from
inconsistent interpretations of the regulations relative to the HMS FMP
and/or the inability of NMFS to enforce regulations due to lack of
clarity. For similar reasons, the Assistant Administrator for
Fisheries, under 5 U.S.C. 553(d)(3), finds that delaying the effective
date of this rule for 30 days is unnecessary and contrary to the public
interest.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 USC 601 et
seq., are inapplicable. This rule is exempt from review under E.O.
12866.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and
[[Page 37703]]
recordkeeping requirements, Statistics, Treaties.
Dated: July 6, 1999.
Penelope D. Dalton,
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. 635.4, paragraphs (d)(4), (f)(4), (l) and (m) are
revised to read as follows:
Sec. 635.4 Permits and fees.
* * * * *
(d) * * *
(4) A person can obtain an Atlantic Tunas Longline category permit
for a vessel only if the vessel has been issued both a limited access
permit for shark and a limited access permit for swordfish. NMFS will
issue Atlantic Tunas Longline category permits to qualifying vessels in
calendar year 1999. Thereafter, such permits may be obtained through
transfer from current owners consistent with the provisions under
paragraph (l)(2) of this section.
* * * * *
(f) * * *
(4) Unless the owner has been issued a swordfish handgear permit, a
limited access permit for swordfish is valid only when the vessel has
on board a valid limited access permit for shark and a valid Atlantic
Tunas Longline category permit issued for such vessel.
* * * * *
(l) Transfer--(1) General. A permit issued under this section is
not transferable or assignable to another vessel or owner or dealer; it
is valid only for the vessel or owner or dealer to whom it is issued.
If a person acquires a vessel or dealership and wants to conduct
activities for which a permit is required, that person must apply for a
permit in accordance with the provisions of paragraph (h) of this
section or, if the acquired vessel is permitted in either the shark,
swordfish or tuna longline fishery, in accordance with paragraph (l)(2)
of this section. If the acquired vessel or dealership is currently
permitted, an application must be accompanied by the original permit
and by a copy of a signed bill of sale or equivalent acquisition
papers.
(2) Shark, swordfish, and tuna longline LAPs. (i) Subject to the
restrictions on upgrading the harvesting capacity of permitted vessels
in paragraph (l)(2)(ii) of this section and to the limitations on
ownership of permitted vessels in paragraph (l)(2)(iii) of this
section, an owner may transfer a shark or swordfish ILAP or LAP or an
Atlantic Tunas Longline category permit to another vessel that he or
she owns or to another person. Directed handgear ILAPs and LAPs for
swordfish may be transferred to another vessel but only for use with
handgear and subject to the upgrading restrictions in paragraph
(l)(2)(ii) of this section and the limitations on ownership of
permitted vessels in paragraph (l)(2)(iii) of this section. Incidental
catch ILAPs and LAPs are not subject to the requirements specified in
paragraphs (l)(2)(ii) and (l)(2)(iii) of this section.
(ii) An owner may upgrade a vessel with a shark, swordfish, or tuna
longline limited access permit, or transfer the limited access permit
to another vessel, and be eligible to retain or renew a limited access
permit only if the upgrade or transfer does not result in an increase
in horsepower of more than 20 percent or an increase of more than 10
percent in length overall, gross registered tonnage, or net tonnage
from the vessel baseline specifications.
(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
limited access permit or, if applicable, of that vessel's replacement
owned as of May 28, 1999.
(B) The vessel's horsepower may be increased only once subsequent
to the issuance of a limited access permit, whether through refitting,
replacement, or transfer. Such an increase may not exceed 20 percent of
the horsepower of the vessel's baseline specifications, as applicable.
(C) The vessel's length overall, gross registered tonnage, and net
tonnage may be increased only once subsequent to the issuance of a
limited access permit, whether through refitting, replacement, or
transfer. Any increase in any of these three specifications of vessel
size may not exceed 10 percent of the vessel's baseline specifications,
as applicable. If any of these three specifications is increased, any
increase in the other two must be performed at the same time. 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 tuna
longline limited access permits have been issued.
(iv) In order to transfer a swordfish, shark or tuna longline
limited access permit to a replacement vessel, the owner of the vessel
issued the limited access permit must submit a request to NMFS, at an
address designated by NMFS, to transfer the limited access permit to
another vessel, subject to requirements specified in paragraph
(l)(2)(ii) of this section, if applicable. The owner must return the
current valid limited access permit to NMFS with a complete application
for a limited access permit, 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 tuna longline limited access permit
transfers to a different person, the transferee must submit a request
to NMFS, at an address designated by NMFS, to transfer the original
limited access permit(s), subject to requirements specified in
paragraphs (l)(2)(ii) and (l)(2)(iii) of this section, if applicable.
The following must accompany the completed application: The original
limited access permit(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 limited access permit
transfers involving vessels.
(vi) For limited access permit transfers in conjunction with the
sale of the permitted vessel, the transferee of the vessel and limited
access permit(s) issued to that vessel must submit a request to NMFS,
at an address designated by NMFS, to transfer the limited access
permit(s), subject to requirements specified in paragraphs (l)(2)(ii)
and (l)(2)(iii) of this section, if applicable. The following must
accompany the completed application: The original limited access
permit(s) with signatures of both parties to the transaction on the
back of the permit(s), the bill of sale for the limited access
permit(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 limited access permit(s) who
sells the permitted vessel but retains the limited access permit(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 limited access permit(s)
to a replacement vessel, he/she must apply
[[Page 37704]]
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 ILAP or LAP for swordfish, a directed or an incidental
catch ILAP or LAP for shark, and an Atlantic Tunas commercial category
permit are required to retain swordfish. Accordingly, a LAP for
swordfish obtained by transfer without
either a directed or incidental catch shark LAP or an Atlantic
tunas commercial category permit 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 ILAP or LAP for swordfish, a directed or an incidental
catch ILAP or LAP for shark, and an Atlantic Tunas Longline category
permit are required to retain Atlantic tunas taken by pelagic longline
gear. Accordingly, an Atlantic Tunas Longline category permit obtained
by transfer without either a directed or incidental catch 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) Renewal--(1) General. Persons must apply annually for a vessel
or dealer permit for Atlantic tunas, sharks, and swordfish, and HMS
Charter/Headboats. Persons must apply annually for an Atlantic tunas or
HMS Charter/headboat vessel permit. A renewal application must be
submitted to NMFS, at an address designated by NMFS, at least 30 days
before a permit's expiration to avoid a lapse of permitted status. NMFS
will renew a permit provided that the specific requirements for the
requested permit are met, including those described in Sec. 635.4
(l)(2), all reports required under the Magnuson-Stevens Act and ATCA
have been submitted, including those described in Sec. 635.5, and the
applicant is not subject to a permit sanction or denial under paragraph
(a)(6) of this section.
(2) Shark, swordfish, and tuna longline LAPs. As of June 1, 2000,
the owner of a vessel of the United States that fishes for, possesses,
lands or sells shark or swordfish from the management unit, or takes or
possesses such shark or swordfish as incidental catch or that fishes
for Atlantic tunas with longline gear must have the applicable limited
access permit(s) issued pursuant to the requirements in Sec. 635.4,
paragraphs (e) and (f). However, any ILAP that expires on June 30,
2000, is valid through that date. Only valid limited access permit
holders in the preceding year are eligible for renewal of a limited
access permit(s). Limited access permits that have been transferred
according to the procedures of paragraph (l) of this section are not
eligible for renewal by the transferor.
3. In 635.5, the first sentence of paragraph (c) is revised to read
as follows:
Sec. 635.5 Recordkeeping and reporting.
* * * * *
(c) Anglers. The owner of a vessel permitted in the Atlantic tunas
Angling or Atlantic tunas or HMS Charter/Headboat category must report
all BFT landed under the Angling category quota to NMFS through the
automated catch reporting system by calling 1-888-USA-TUNA within 24
hours of the landing. * * *
* * * * *
4. In Sec. 635.7, the last sentence of paragraph (d) is revised to
read as follows:
Sec. 635.7 At-sea observer coverage.
* * * * *
(d) * * * Notwithstanding the above procedures for assignment or
waiver, at no time shall a person aboard a vessel issued a directed
shark ILAP or LAP under Sec. 635.4 fish for Atlantic sharks with a
gillnet or possess sharks on board a vessel issued a directed shark
ILAP or LAP with a gillnet on board unless a NMFS-approved observer is
aboard the vessel.
* * * * *
5. In Sec. 635.20, the first sentence of paragraph (e)(1) and
paragraph (e)(2) are revised to read as follows:
Sec. 635.20 Size limits.
* * * * *
(e) Sharks. (1) No person shall take, retain, or possess in the
Atlantic EEZ any species classified as a ridgeback LCS shark, taken
from its management unit that is less than 54 inches (137 cm), fork
length, or, if the head and fins have been removed, 30 inches (76 cm)
as a straight line from the first dorsal fin ray to the precaudal pit *
* *
(2) All sharks landed under the recreational retention limits
specified at Sec. 635.22(c) must have the head, tail, and fins attached
and be at least 54 inches (137 cm), FL, except that the minimum size
limit does not apply for Atlantic sharpnose sharks.
* * * * *
6. In Sec. 635.21, paragraph (c)(1), the first two sentences of
(d)(1), and paragraphs (d)(2)(ii) and (d)(3)(i) are revised to read as
follows:
Sec. 635.21 Gear operation and deployment restrictions.
* * * * *
(c) * * *
(1) From August 1, 1999, through November 30, 2000, no person may
deploy a pelagic longline that is more than 24 nautical miles (44.5 km)
in length in the Mid-Atlantic Bight.
* * * * *
(d) Authorized gear --(1) Atlantic tunas. A person that retains or
possesses an Atlantic bluefin tuna may not have on board a vessel or
use on board the vessel any gear other than that authorized for the
category for which the Atlantic tunas or HMS permit has been issued for
such vessel. When fishing for Atlantic tunas other than BFT, fishing
gear authorized for any Atlantic Tunas permit category may be used,
except that purse seine gear may be used only on board vessels
permitted in the Purse Seine category and pelagic longline gear may be
used only on board vessels issued an Atlantic Tunas Longline category
tuna permit as well as ILAPs or LAPs for both swordfish and sharks. * *
*
* * * * *
(2) * * *
(ii) Persons may possess or take a sailfish shoreward of the outer
boundary of the Atlantic EEZ only if it is harvested by rod and reel.
Regardless of how taken, persons may not possess or take a sailfish
shoreward of the outer boundary of the Atlantic EEZ on board a vessel
using or having on board a pelagic longline.
(3) Sharks. (i) No person may possess a shark in the EEZ if the
shark was taken from its management unit by any gear other than
handgear, longline or gillnet.
* * * * *
7. In Sec. 635.22, paragraphs (a) and (b) are revised to read as
follows:
Sec. 635.22 Recreational retention limits.
(a) General. Recreational retention limits apply to a longbill
spearfish taken or possessed shoreward of the outer boundary of the
Atlantic EEZ, to a shark taken from or possessed in the Atlantic EEZ,
and to a yellowfin tuna taken from or possessed in the Atlantic Ocean.
The operator of a vessel for which a retention limit applies is
responsible for the vessel retention limit and the cumulative retention
limit based on the number of persons aboard. Federal recreational
retention limits may not be combined with any recreational retention
limit applicable in state waters. 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 vessel permit under Sec. 635.4
for Atlantic sharks. The recreational retention limit for yellowfin
tuna applies to a person
[[Page 37705]]
who fishes in any manner, except to a person aboard a vessel who has
been issued a vessel permit under Sec. 635.4 for Atlantic tunas in any
category other than Angling or Charter/Headboat.
(b) Billfish. No longbill spearfish from the management unit may be
possessed shoreward of the outer boundary of the EEZ.
* * * * *
Sec. 635.25 [Removed on Reserved]
8. Section 635.25 is removed and reserved.
9. In Sec. 635.28, paragraph (b)(3) is revised to read as follows:
Sec. 635.28 Closures.
* * * * *
(b) * * *
(3) When the fishery for a shark species group is closed, a fishing
vessel issued a shark ILAP or LAP pursuant to Sec. 635.4 may not
possess or sell a shark of that species group, and a permitted shark
dealer may not purchase or receive a shark of that species group from a
vessel issued a shark ILAP or LAP, except that a permitted shark dealer
or processor may possess sharks that were harvested, off-loaded, and
sold, traded, or bartered, prior to the effective date of the closure
and were held in storage.
* * * * *
10. In Sec. 635.69, paragraph (h) is added to read as follows:
Sec. 635.69 Vessel monitoring systems.
* * * * *
(h) Access. As a condition to obtaining a limited access permit for
Atlantic swordfish, sharks or tunas, all vessel owners or operators
using pelagic longline gear subject to the VMS provisions of this
section must allow NMFS, the USCG, and their authorized officers and
designees access to the vessel's position data obtained from the VMS at
the time of or after its transmission to the vendor or receiver, as the
case may be.
11. In Sec. 635.71, paragraphs (a)(3), (a)(4) and (a)(18) are
revised to read as follows:
Sec. 635.71 Prohibitions.
* * * * *
(a) * * *
(3) Purchase, receive, or transfer or attempt to purchase, receive,
or transfer, for commercial purposes, any Atlantic HMS landed by owners
of vessels not permitted to do so under Sec. 635.4, or purchase,
receive, or transfer, or attempt to purchase, receive, or transfer, for
commercial purposes, any Atlantic HMS without the appropriate valid
dealer permit issued under Sec. 635.4, except that this does not apply
to a shark harvested from a vessel that has not been issued a permit
under this part and that fishes exclusively within the waters under the
jurisdiction of any state.
(4) Sell or transfer or attempt to sell or transfer an Atlantic
tuna, shark, or swordfish other than to a dealer that has a valid
dealer permit issued under Sec. 635.4, except that this does not apply
to a shark harvested from a vessel that has not been issued a permit
under this part and that fishes exclusively within the waters under the
jurisdiction of any state.
* * * * *
(18) Fail to retrieve fishing gear and move after an interaction
with a marine mammal or sea turtle, as specified in Sec. 635.21(c)(3).
* * * * *
[FR Doc. 99-17597 Filed 7-8-99; 2:25 pm]
BILLING CODE 3510-22-F
