83_FR_33285 83 FR 33148 - Atlantic Highly Migratory Species

83 FR 33148 - Atlantic Highly Migratory Species

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 137 (July 17, 2018)

Page Range33148-33158
FR Document2018-14916

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.

Federal Register, Volume 83 Issue 137 (Tuesday, July 17, 2018)
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33148-33158]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                             33148                Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations

                                             item acquisitions consistent with                         DEPARTMENT OF COMMERCE                                regulations for Atlantic HMS are at 50
                                             authorities in the Clinger-Cohen Act. By                                                                        CFR part 635.
                                             cross referencing FAR 12.207 and its                      National Oceanic and Atmospheric
                                                                                                       Administration                                        Background
                                             enumeration of contract types
                                             authorized for the acquisition of                                                                                  The regulations at 50 CFR part 635 are
                                             commercial items, the CAS Board                           50 CFR Part 635                                       promulgated under ATCA and the
                                                                                                                                                             Magnuson-Stevens Act for the
                                             expects to eliminate disparities between                  [Docket No. 180205129–8129–01]                        conservation and management of
                                             the FAR and CAS Board rules that has
                                                                                                       RIN 0648–BH50                                         Atlantic highly migratory species,
                                             created confusion for contractors and                                                                           including species of tunas, billfish,
                                             subcontractors. The economic impact on                    Atlantic Highly Migratory Species                     sharks, and swordfish. In 2006, NMFS
                                             contractors and subcontractors is,                                                                              consolidated Atlantic HMS management
                                             therefore, expected to be minor. As a                     AGENCY:  National Marine Fisheries                    into one fishery management plan, the
                                             result, the Board has determined that                     Service (NMFS), National Oceanic and                  2006 Consolidated HMS FMP. Since
                                             this rule will not result in the                          Atmospheric Administration (NOAA),                    then, NMFS has amended the FMP ten
                                             promulgation of an ‘‘economically                         Commerce.                                             times through the fishery management
                                             significant rule’’ under the provisions of                ACTION: Final rule; technical                         plan amendment process and has made
                                             Executive Order 12866, and that a                         amendments.                                           numerous other regulatory changes
                                             regulatory impact analysis will not be                                                                          through framework actions. With this
                                             required, and the requirements of E.O.                    SUMMARY:   This final rule makes editorial            volume of regulatory action, some small
                                             13771, Reducing Regulation and                            corrections amending the regulations for              grammatical and other errors have
                                             Controlling Regulatory Costs, do not                      Atlantic highly migratory species                     accumulated over time. As described in
                                                                                                       (HMS). This final action will make the                the sections below, this technical
                                             apply. For the same reason, this final
                                                                                                       rules easier to use by making the cross-              amendment corrects grammatical,
                                             rule is not a ‘‘major rule’’ under the
                                                                                                       references in the regulations accurate,               punctuation, consistency, cross-
                                             Congressional Review Act, 5 U.S.C.
                                                                                                       correcting grammatical and punctuation                reference errors in the HMS regulations
                                             Chapter 8. Finally, this rule does not                    issues, and reformatting the regulations
                                             have a significant effect on a substantial                                                                      at 50 CFR part 635. As explained in the
                                                                                                       where needed to be consistent with                    Consistency section below, it also
                                             number of small entities because small                    Federal Register guidelines. The action
                                             businesses are exempt from the                                                                                  simplifies regulatory text by removing
                                                                                                       also in several instances simplifies                  unnecessary language in several limited
                                             application of the Cost Accounting                        regulatory text by removing unnecessary
                                             Standards. Therefore, this rule does not                                                                        instances.
                                                                                                       language. The rule is administrative in
                                             require a regulatory flexibility analysis                 nature and does not make any change                   Typographical Corrections
                                             under the Regulatory Flexibility Act of                   with substantive effect to the regulations               The following grammatical,
                                             1980, 5 U.S.C. Chapter 6.                                 for HMS fisheries.                                    punctuation, or clerical errors (i.e.,
                                             List of Subjects in 48 CFR Part 9903                      DATES: This final rule is effective on July           typographical errors) in the HMS
                                                                                                       17, 2018.                                             regulations are corrected by this final
                                               Cost Accounting Standards,                              ADDRESSES: Documents related to HMS                   rule:
                                             Government procurement.                                   fisheries management, such as the 2006                   The definition of ‘‘CK’’ at § 635.2 does
                                                                                                       Consolidated HMS Fishery Management                   not spell out the words for which it is
                                             Lesley A. Field,                                                                                                an acronym. This final action therefore
                                                                                                       Plan (FMP) and its amendments, are
                                             Acting Chair, Cost Accounting Standards                                                                         adds ‘‘Cleithrum to Caudal Keel’’ before
                                             Board.
                                                                                                       available from the HMS Management
                                                                                                       Division website at https://                          the acronym ‘‘CK.’’ The definition of
                                                                                                       www.fisheries.noaa.gov/topic/atlantic-                ‘‘Hammerhead Sharks’’ at § 635.2
                                               For the reasons set forth in this
                                                                                                       highly-migratory-species or upon                      capitalizes the word ‘‘shark(s).’’ This
                                             preamble, 48 CFR part 9903 is amended
                                                                                                       request from the HMS Management                       final action changes to lowercase the
                                             as follows:
                                                                                                       Division at 1315 East-West Highway,                   word ‘‘shark(s).’’ The regulation at
                                             PART 9903—CONTRACT COVERAGE                               Silver Spring, MD 20910.                              § 635.4(l)(2)(viii) does not capitalize the
                                                                                                                                                             word ‘‘tunas’’ in the permit title,
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             ‘‘Atlantic Tunas Longline category
                                             ■ 1. The authority citation for part 9903                 Lauren Latchford, Larry Redd, or Karyl                LAP.’’ This final action capitalizes the
                                             continues to read as follows:                             Brewster-Geisz by phone at 301–427–                   word ‘‘Tunas.’’ The regulation at
                                               Authority: Pub. L. 111–350, 124 Stat.                   8503.                                                 § 635.5(b)(1)(i) has commas incorrectly
                                             3677, 41 U.S.C. 1502.                                     SUPPLEMENTARY INFORMATION:     Atlantic               after the words ‘‘all’’ and ‘‘swordfish’’ in
                                                                                                       HMS are managed under the dual                        the sentence, ‘‘All reports must be
                                             ■ 2. Section 9903.201–1 is amended by                     authority of the Magnuson-Stevens                     species-specific and must include the
                                             revising paragraph (b)(6) to read as                      Fishery Conservation and Management                   required information about all,
                                             follows:                                                  Act, 16 U.S.C. 1801 et seq., (Magnuson-               swordfish, and sharks received by the
                                             9903.201–1       CAS applicability.                       Stevens Act) and the Atlantic Tunas                   dealer.’’ This final action removes the
                                                                                                       Convention Act, 16 U.S.C. 971 et seq.,                misplaced commas. The regulation at
                                             *     *    *     *    *                                   (ATCA). On October 2, 2006, NMFS                      § 635.5(c)(2) is missing apostrophes and
                                               (b) * * *                                               published in the Federal Register (71                 has extra parentheses in three places
                                                                                                       FR 58058) regulations implementing the                where the text should read, ‘‘owner’s
daltland on DSKBBV9HB2PROD with RULES




                                               (6) Contracts and subcontracts
                                             authorized in 48 CFR 12.207 for the                       2006 Consolidated HMS FMP, which                      designee.’’ This final action adds
                                             acquisition of commercial items.                          details the management measures for                   apostrophes and removes the mistaken
                                                                                                       Atlantic HMS fisheries; these                         parentheses to correct this text. The
                                             *     *    *     *    *                                   management measures have been                         regulations at § 635.6(b)(1)(ii) and (c)(1)
                                             [FR Doc. 2018–15176 Filed 7–16–18; 8:45 am]               amended or otherwise modified                         do not capitalize the word ‘‘Arabic.’’
                                             BILLING CODE 3110–01–P                                    numerous times. The implementing                      This final action corrects this error and


                                        VerDate Sep<11>2014    16:09 Jul 16, 2018   Jkt 244001   PO 00000   Frm 00030   Fmt 4700   Sfmt 4700   E:\FR\FM\17JYR1.SGM   17JYR1


                                                                 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations                                           33149

                                             capitalizes ‘‘Arabic.’’ The regulation at                635.21(b)(1), (c)(3) and (4), (c)(5)(iii)(A)          635.21(c)(5)(iv) references paragraphs
                                             § 635.9(e)(4) has two commas rather                      and (B), (g)(2) and (3), 635.27(c)(1)(i)(A)           (A), (B), (C), (G), (H), and (K) as
                                             than one after the words ‘‘trip’’ and                    and (B), 635.28(a)(3), and 635.71(a)(53)              specifying ‘‘[o]ther devices proposed for
                                             ‘‘e.g.’’ This final action removes the                   and (e)(10) and (11) do not use the                   use as line clippers or cutters or de-
                                             extra commas. The regulation at                          acronym ‘‘LAP’’ for ‘‘limited access                  hookers.’’ This final action adds
                                             § 635.14(b)(1) uses two different styles                 permit.’’ This final action changes                   references to paragraphs (I) and (J) to
                                             of quotation marks around the words                      ‘‘limited access permit’’ to ‘‘LAP’’ so               that list. Additionally, §§ 635.22(c)(1)
                                             ‘‘bluefin tuna ratio.’’ This final action                that the acronym defined at § 635.2 is                and (5) and (d) and 635.23(a)(2) and (4),
                                             changes the quotation marks so that                      used consistently across the HMS                      have cross references that are broadly
                                             they are the same and removes the colon                  regulations. The regulations at                       referenced and need to be more specific
                                             within this regulation. The regulation at                §§ 635.15(k) and (l)(4)(iii) and                      to the correct provision under part 635.
                                             § 635.14(b)(1) incorrectly capitalizes the               635.21(c)(5)(iii)(B) incorrectly use the              This action corrects those cross
                                             word ‘‘Swordfish.’’ This final action                    word ‘‘permit’’ or ‘‘permitted’’ instead              references by adding the specific cross
                                             changes ‘‘Swordfish’’ to ‘‘swordfish.’’                  of the acronym ‘‘LAP’’ when referring to              reference location (e.g., within
                                             The regulation at § 635.15(c)(3)(iv) is                  the Atlantic Tunas Longline category                  § 635.22(c)(1), changing the reference
                                             missing the word ‘‘year’’ and has an                     limited access permit. For consistency                from § 635.4 to § 635.4(e)).
                                             extra period at the end of the first                     within the regulations referring to the
                                                                                                                                                            Consistency Corrections
                                             sentence. This final action adds the                     Atlantic Tunas Longline category
                                             word ‘‘year’’ and removes the extra                      limited access permit, this final action                 Regulations at §§ 635.2 (definition of
                                             period. Additionally, this regulation                    changes the word ‘‘permit’’ or                        ‘‘Exporter’’) and 635.4(a)(6) use a
                                             incorrectly capitalizes the words                        ‘‘permitted’’ to ‘‘LAP.’’ The regulations             Federal Register citation format that is
                                             ‘‘Eastern Time.’’ This final action                      at §§ 635.4(l)(2)(iii) and 635.21(b)(1)               inconsistent with the citation format
                                             changes ‘‘Eastern Time’’ to ‘‘eastern                    incorrectly name a permit as ‘‘tuna                   otherwise used in part 635. This final
                                             time.’’ The regulation at § 635.21(g)(1)                 longline LAPs.’’ This final action                    action revises the citation format for
                                             uses ‘‘NOAA Fisheries,’’ and the final                   corrects the permit name to ‘‘Atlantic                consistency purposes.
                                             action changes it to ‘‘NMFS’’ for                        Tunas Longline category LAP.’’ The                       At § 635.4(c)(2), this final action
                                             consistency across the regulations. The                  regulations at §§ 635.21(c)(5)(iii)(A) and            changes the word ‘‘issued’’ to ‘‘with’’ to
                                             regulation at § 635.27(d)(1) incorrectly                 635.71(a)(40) and (b)(36) through (38),               be more internally consistent.
                                             uses the word ‘‘this’’ in the second                     incorrectly list a permit name as ‘‘tunas                At § 635.4(l)(2)(viii), this final action
                                             sentence. This final action changes                      Longline category permit.’’ This final                removes the word ‘‘an’’ to be more
                                             ‘‘this’’ to ‘‘the.’’ Additionally, this final            action corrects the permit name to                    internally consistent.
                                             action removes outdated language                         ‘‘Atlantic Tunas Longline category                       The current regulations do not
                                             regarding an effective date of January 1,                LAP.’’ The regulations at § 635.15(k)                 consistently refer to swordfish and
                                             2007 from § 635.27(d)(1). Additionally,                  improperly exclude the word ‘‘category’’              shark LAPs, sometimes referring to them
                                             for § 635.28(d), this final action                       from the permit name, ‘‘Atlantic Tunas                as ‘‘catch LAPs’’ and other times
                                             capitalizes the lower case ‘‘n’’ for the                 Longline category LAP.’’ This final                   spelling out ‘‘limited access permit.’’
                                             species Northern albacore tuna.                          action corrects the error by adding the               This inconsistency in terminology can
                                                The regulations at §§ 635.2,                          word ‘‘category.’’ The regulations at                 lead to confusion. As such, this final
                                             635.4(e)(3) and (g)(2), 635.21(d)(2)(ii),                § 635.23(a)(2) incorrectly list the permit            action changes these swordfish and
                                             635.27(b)(1), 635.28(b)(1)(iv), and                      as ‘‘General category Atlantic Tunas                  shark LAP references to be more
                                             635.34(c) do not consistently capitalize                 permit.’’ This final action corrects the              internally consistent to clarify the
                                             the word ‘‘Table’’ and lowercase the                     permit name to ‘‘Atlantic Tunas General               regulations. Specifically, the regulations
                                             word ‘‘appendix’’ in the phrase, ‘‘Table                 category permit.’’ Additionally this final            at § 635.4(l)(2)(viii) and (ix) use the
                                             1 of appendix A to this part.’’ This final               action removes language referring                     phrase, ‘‘a directed or incidental LAP
                                             action corrects the references to ‘‘Table                specifically to ‘‘one large medium or                 for swordfish, a directed or an
                                             1 of appendix A to this part’’ in                        giant BFT per day’’ allowed to be caught              incidental catch LAP for shark.’’ This
                                             §§ 635.2, 635.4(e)(3) and (g)(2),                        or landed on days other than RFDs.                    final action will correct the phrase to, ‘‘a
                                             635.21(d)(2)(ii), 635.27(b)(1),                          Because NMFS may increase or decrease                 directed or incidental swordfish LAP, a
                                             635.28(b)(1)(iv), and 635.34(c) so that                  the daily retention limit of large                    directed or incidental shark LAP.’’ The
                                             capitalization and phrasing are                          medium and giant BFT over a range of                  regulations at § 635.4(l)(2)(viii) uses the
                                             consistent throughout.                                   zero to a maximum of five under cross                 phrase ‘‘a LAP for swordfish.’’ This final
                                                                                                      reference § 635.23(a)(4), it is more clear            action corrects the phrase to ‘‘a
                                             Limited Access Permit Corrections                                                                              swordfish LAP.’’ The regulations at
                                                                                                      to refer to the ‘‘daily retention limit in
                                                The HMS regulations at § 635.2                        effect for that day.’’ The regulation at              § 635.4(l)(2)(viii) and (ix) uses the
                                             currently provide a definition for                       § 635.71(b)(20) incorrectly lists the                 phrase ‘‘a directed or incidental catch
                                             ‘‘LAP,’’ defining it as an acronym for the               relevant permit as ‘‘Purse Seine category             shark LAP,’’ respectively. This final
                                             ‘‘limited access permit.’’ The HMS                       Atlantic tuna permit.’’ This final action             action corrects the phrase to ‘‘a directed
                                             regulations do not consistently use the                  corrects the permit name to ‘‘Atlantic                or incidental shark LAP,’’ respectively.
                                             acronym, however, and still refer to                     Tunas Purse Seine category LAP.’’                     The regulations at § 635.4(l)(2)(ix) use
                                             ‘‘limited access permits’’ or ‘‘limited                                                                        the phrase ‘‘directed or incidental catch
                                             access vessel permits’’ sometimes in the                 Cross References Corrections                          swordfish or shark LAP.’’ This final
                                             regulations. Consistency across the                        This final action corrects the incorrect            action will correct the phrase to
                                             regulations would make them clearer.                     cross references found in the definitions             ‘‘directed or incidental swordfish or
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                                             The regulations at §§ 635.4(a)(3), (d)(4),               and regulations at §§ 635.2 (definitions              shark LAP.’’ The regulation at
                                             (e)(2) through (4), (f)(1), (2), (4), and (5),           of ‘‘Display Permit’’ and ‘‘EFP’’),                   § 635.22(f) uses the phrase ‘‘incidental
                                             (h)(2), (l)(2)(ii)(A) through (C), (l)(2)(iii)           635.4(a)(8) and (h)(1)(iii), 635.5(a)(5)(ii),         or handgear limited access swordfish
                                             through (ix), and (m)(2), 635.8(a)(1) and                635.21(c)(5)(ii)(C)(1) and (c)(5)(iv),                permit.’’ This final action will correct
                                             (3), (c)(2) and (3), 635.15(k) introductory              635.28(b)(7), (c)(3), and (d), 635.31(d)(2),          the phrase to ‘‘incidental or handgear
                                             text and (k)(4)(iii), 635.19(e)(4),                      and 635.40(b)(1). Section                             swordfish LAP.’’


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                                             33150               Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations

                                                The definition of ‘‘Fishing Year’’ at                 corrective, non-substantive changes to                year,’’ ‘‘Gulf of Mexico Aggregated
                                             § 635.2 includes incorrect language left                 regulatory text, adds missing cross-                  LCS,’’ ‘‘Hammerhead Shark(s),’’ ‘‘Highly
                                             over from past definitions. The fishing                  references and/or corrects cross-                     migratory species (HMS),’’ ‘‘Large
                                             year for all tunas, sharks, billfish, and                references to HMS regulations, and in                 coastal shark (LCS),’’ ‘‘Non-blacknose
                                             swordfish is January 1 through                           several instances, removes unnecessary                SCS,’’ ‘‘Pelagic shark,’’ ‘‘Prohibited
                                             December 31, as reflected in the 2006                    language, and is solely administrative in             shark,’’ ‘‘Research LCS,’’ ‘‘Small coastal
                                             Consolidated HMS FMP. This final                         nature. Therefore, public comment                     shark (SCS),’’ and ‘‘Smoothhound
                                             action removes this outdated text and                    would serve no purpose and is                         shark(s)’’ to read as follows:
                                             simplifies the definition for tunas,                     unnecessary. Furthermore, it is in the
                                             sharks, billfish and swordfish to match                  public interest to revise the regulations             § 635.2   Definitions.
                                             the dates established in previous                        as quickly as possible to reduce any                  *      *    *     *     *
                                             actions, reading ‘‘January 1 through                     potential confusion to the public of the                 Atlantic Aggregated LCS means one of
                                             December 31.’’                                           regulatory requirements at 50 CFR part                the following species, or parts thereof,
                                                The first sentence at § 635.20(b) starts              635. Any delay in implementation                      as listed in Table 1 of appendix A to this
                                             with the phrase, ‘‘The size class of a                   would result in the continuation of this              part: Atlantic blacktip, bull, lemon,
                                             BFT found with the head removed shall                    potential confusion. Thus, there is also              nurse, silky, spinner, and tiger.
                                             be determined using . . .’’ This phrase,                 good cause under 5 U.S.C. 553(d)(3) to                *      *    *     *     *
                                             referring to a BFT that is ‘‘found,’’ is                 waive the 30-day delay in effective date.                Cleithrum to Caudal Keel or CK
                                             confusing and inconsistent with a                           This final rule has been determined to             measurement means the length of a fish
                                             similar regulation at § 635.20(f) (‘‘For a               be not significant for purposes of                    measured along the body contour, i.e., a
                                             swordfish that has its head naturally                    Executive Order 12866.                                curved measurement, from the point on
                                             attached . . .’’). This final action re-                    Because prior notice and opportunity               the cleithrum that provides the shortest
                                             words the phrase found in § 635.20(b) to                 for public comment are not required for               possible measurement along the body
                                             be less confusing and more consistent                    this rule by 5 U.S.C. 553, or any other               contour to the anterior portion of the
                                             with the wording at § 635.20(f). With                    law, and a proposed rule is not being                 caudal keel. The cleithrum is the
                                             this change, § 635.20(b) will read, ‘‘If the             published, the analytical requirements                semicircular bony structure at the
                                             head of a BFT is no longer attached, the                 of the Regulatory Flexibility Act, 5                  posterior edge of the gill opening.
                                             size class of the BFT shall be                           U.S.C. 601 et seq., are inapplicable.                 *      *    *     *     *
                                             determined using . . .’’                                    NMFS has determined that fishing
                                                The regulation at § 635.40(b)(3)                                                                               Display permit means a permit issued
                                                                                                      activities conducted pursuant to this                 in order to catch and land HMS for the
                                             references 19 CFR 10.79, the                             rule will not affect endangered and/or
                                             ‘‘Declaration of Master and Two                                                                                purpose of public display pursuant to
                                                                                                      threatened species or critical habitat                § 635.32(d).
                                             Members of Crew on Entry of Products                     listed under the Endangered Species
                                             of American Fisheries.’’ Section 10.79                   Act, or marine mammals protected by                   *      *    *     *     *
                                             no longer exists within title 19, and has                the Marine Mammal Protection Act,                        EFP means an exempted fishing
                                             instead been reserved. This final action                 because the action is purely                          permit issued pursuant to § 600.745 of
                                             removes language referencing this                        administrative in nature by making                    this chapter or to § 635.32(c).
                                             obsolete regulation and reserves this                    editorial corrections or clarifications to            *      *    *     *     *
                                             location. This change would not have                     existing regulatory text, with no                        Exporter, for purposes of this subpart,
                                             any effect on the part 635 regulations                   substantive changes or effects.                       is the principal party in interest,
                                             since 19 CFR 10.79 has been amended                                                                            meaning the party that receives the
                                             and reserved.                                            List of Subjects in 50 CFR Part 635                   primary benefit, monetary or otherwise,
                                                Finally, the regulation at                              Fisheries, Fishing, Fishing vessels,                of the export transaction. For exports
                                             § 635.21(d)(1)(iii)(D) refers to out-of-date             Foreign relations, Imports, Penalties,                from the United States, the exporter is
                                             coordinates for the Charleston Deep                      Reporting and recordkeeping                           the U.S. principal party in interest, as
                                             Artificial Reef. This final action updates               requirements, Treaties.                               identified in 15 CFR part 30. An
                                             the old boundary coordinates for the                       Dated: July 9, 2018.                                exporter is subject to the requirements
                                             Charleston Deep Artificial Reef to match                                                                       of this subpart, even if exports are
                                                                                                      Samuel D. Rauch, III,
                                             the boundary changes that were recently                                                                        exempt from statistical reporting
                                                                                                      Deputy Assistant Administrator for
                                             made to the Charleston Deep Artificial                                                                         requirements under 15 CFR part 30.
                                                                                                      Regulatory Programs, National Marine
                                             Reef MPA via Snapper Grouper                             Fisheries Service.                                    *      *    *     *     *
                                             Amendment 36 (82 FR 29772, June 30,                                                                               Fishing year means January 1 through
                                             2017).                                                     For the reasons set out in the
                                                                                                      preamble, 50 CFR part 635 is amended                  December 31.
                                             Classification                                           as follows:                                           *      *    *     *     *
                                                The Assistant Administrator for                                                                                Gulf of Mexico Aggregated LCS means
                                             Fisheries has determined that this final                 PART 635—ATLANTIC HIGHLY                              one of the following species, or parts
                                             rule is necessary for the conservation                   MIGRATORY SPECIES                                     thereof, as listed in Table 1 of appendix
                                             and management of U.S. fisheries and                                                                           A to this part: Bull, lemon, nurse, silky,
                                                                                                      ■ 1. The authority citation for part 635              spinner, and tiger.
                                             that it is consistent with the Magnuson-                 continues to read as follows:
                                             Stevens Act, the 2006 Consolidated                                                                                Hammerhead shark(s) means great,
                                             Atlantic HMS FMP and its amendments,                       Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.         scalloped, and smooth hammerhead
                                                                                                      1801 et seq.                                          shark species, or parts thereof, as listed
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                                             ATCA, and other applicable law.
                                                Pursuant to 5 U.S.C. 553(b)(B), there                 ■  2. In § 635.2, revise the definition of            in Table 1 of appendix A to this part.
                                             is good cause to waive prior notice and                  ‘‘Atlantic Aggregated LCS,’’ remove the               *      *    *     *     *
                                             an opportunity for public comment on                     definition of ‘‘CK,’’ add the definition of              Highly migratory species (HMS)
                                             this action, as notice and comment are                   ‘‘Cleithrum to Caudal Keel or CK,’’ and               means bluefin, bigeye, yellowfin,
                                             unnecessary and contrary to the public                   revise the definitions of ‘‘Display                   albacore, and skipjack tunas; swordfish;
                                             interest. This final rule makes only                     permit,’’ ‘‘EFP,’’ ‘‘Exporter,’’ ‘‘Fishing            sharks (listed in Table 1 of appendix A


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                                                                     Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations                                         33151

                                             to this part); white marlin; blue marlin;                    permit application may be denied, in                  commercial shark directed or shark
                                             sailfish; longbill spearfish; and                            accordance with the procedures                        incidental LAP may harvest, consistent
                                             roundscale spearfish.                                        governing enforcement-related permit                  with the other regulations in this part,
                                             *      *      *      *     *                                 sanctions and denials found at 15 CFR                 any shark species listed in headings A,
                                                Large coastal shark (LCS) means one                       part 904, subpart D.                                  B, or C of Table 1 of appendix A to this
                                             of the species, or a part thereof, listed                    *      *    *     *     *                             part.
                                             in heading A, Large Coastal Sharks, of                          (8) Replacement. NMFS may issue a                     (4) Owners of vessels that fish for,
                                             Table 1 of appendix A to this part.                          replacement permit upon the request of                take, retain, or possess the Atlantic
                                             *      *      *      *     *                                 the permittee. An application for a                   oceanic sharks listed in heading E,
                                                Non-blacknose SCS means one of the                        replacement permit will not be                        Smoothhound Sharks, of Table 1 of
                                             species, or part thereof, listed in                          considered a new application. An                      appendix A to this part with an
                                             heading B, Small Coastal Sharks, of                          appropriate fee, consistent with                      intention to sell them must obtain a
                                             Table 1 of appendix A to this part other                     paragraph (a)(9) of this section, may be              Federal commercial smoothhound
                                             than the blacknose shark.                                    charged for issuance of the replacement               permit. In addition to other permits
                                                                                                          permit.                                               issued pursuant to this section or other
                                             *      *      *      *     *
                                                Pelagic shark means one of the                            *      *    *     *     *                             authorities, a Federal commercial
                                             species, or a part thereof, listed in                           (c) * * *                                          smoothhound permit may be issued to
                                             heading C, Pelagic Sharks, of Table 1 of                        (2) A vessel with a valid Atlantic                 a vessel alone or to a vessel that also
                                             appendix A to this part.                                     Tunas General category permit issued                  holds either a Federal Atlantic
                                                                                                          under paragraph (d) of this section or                commercial shark directed or incidental
                                             *      *      *      *     *                                                                                       LAP.
                                                Prohibited shark means one of the                         with a valid Swordfish General
                                                                                                          Commercial permit issued under                           (f) * * *
                                             species, or a part thereof, listed in
                                                                                                          paragraph (f) of this section may fish in                (1) Except as specified in paragraphs
                                             heading D, Prohibited Sharks, of Table
                                                                                                          a recreational HMS fishing tournament                 (n) and (o) of this section, the owner of
                                             1 of appendix A to this part.
                                                                                                          if the vessel has registered for, paid an             a vessel of the United States used to fish
                                             *      *      *      *     *                                                                                       for or take swordfish commercially from
                                                                                                          entry fee to, and is fishing under the
                                                Research LCS means one of the                                                                                   the management unit, or on which
                                                                                                          rules of a tournament that has registered
                                             species, or part thereof, listed in                                                                                swordfish from the management unit are
                                                                                                          with NMFS’ HMS Management Division
                                             heading A, Large Coastal Sharks, of                                                                                retained or possessed with an intention
                                                                                                          as required under § 635.5(d). When a
                                             Table 1 of appendix A to this part, other                                                                          to sell, or from which swordfish are
                                                                                                          vessel with a valid Atlantic Tunas
                                             than sandbar sharks.                                                                                               sold, must obtain an HMS Charter/
                                                                                                          General category permit or a valid
                                             *      *      *      *     *                                 Swordfish General Commercial permit                   Headboat permit with a commercial sale
                                                Small coastal shark (SCS) means one                       is fishing in such a tournament, such                 endorsement issued under paragraph (b)
                                             of the species, or a part thereof, listed                    vessel must comply with HMS Angling                   of this section, or one of the following
                                             in heading B, Small Coastal Sharks, of                       category regulations, except as provided              swordfish permits: A swordfish directed
                                             Table 1 of appendix A to this part.                          in paragraphs (c)(3) through (5) of this              LAP, swordfish incidental LAP,
                                             *      *      *      *     *                                 section.                                              swordfish handgear LAP, or a Swordfish
                                                Smoothhound shark(s) means one of                                                                               General Commercial permit. These
                                                                                                          *      *    *     *     *
                                             the species, or part thereof, listed in                         (d) * * *                                          permits cannot be held in combination
                                             heading E, Smoothhound Sharks, of                               (4) A person can obtain an Atlantic                with each other on the same vessel,
                                             Table 1 of appendix A to this part.                          Tunas Longline category LAP for a                     except that an HMS Charter/Headboat
                                             *      *      *      *     *                                 vessel only if the vessel has been issued             permit with a commercial sale
                                             ■ 3. In § 635.4, revise paragraphs (a)(3),                   both a LAP for shark and a LAP, other                 endorsement may be held in
                                             (6), and (8), (c)(2), (d)(4), (e)(2) through                 than handgear, for swordfish. Atlantic                combination with a swordfish handgear
                                             (4), (f)(1), (2), (4), and (5), (g)(2),                      Tunas Longline category LAPs may only                 LAP on the same vessel. It is a
                                             (h)(1)(iii), (h)(2), (l)(2)(ii)(A) through (C),              be obtained through transfer from                     rebuttable presumption that the owner
                                             (l)(2)(iii) through (ix), and (m)(2) to read                 current owners consistent with the                    or operator of a vessel on which
                                             as follows:                                                  provisions under paragraph (l)(2) of this             swordfish are possessed in excess of the
                                                                                                          section.                                              recreational retention limits intends to
                                             § 635.4       Permits and fees.                                                                                    sell the swordfish. (2) The only valid
                                                                                                          *      *    *     *     *
                                             *         *      *       *       *                              (e) * * *                                          commercial Federal vessel permits for
                                                 (a)                                                         (2) The owner of vessels that fish for,            swordfish are the HMS Charter/
                                             *     *     *     *     *                                    take, retain, or possess the Atlantic                 Headboat permit with a commercial sale
                                               (3) Property rights. LAPs or any other                     oceanic sharks listed in headings A, B,               endorsement issued under paragraph (b)
                                             permit issued pursuant to this part do                       or C of Table 1 of appendix A to this                 of this section (and only when on a non
                                             not represent either an absolute right to                    part with an intention to sell must                   for-hire trip), the Swordfish General
                                             the resource or any interest that is                         obtain a Federal Atlantic commercial                  Commercial permit issued under
                                             subject to the takings provision of the                      shark directed or incidental LAP or an                paragraph (f) of this section, a swordfish
                                             Fifth Amendment of the U.S.                                  HMS Commercial Caribbean Small Boat                   LAP issued consistent with paragraphs
                                             Constitution. Rather, LAPs represent                         permit. The only valid Federal                        (l) and (m) of this section, or permits
                                             only a harvesting privilege that may be                      commercial shark directed and shark                   issued under paragraphs (n) and (o) of
                                             revoked, suspended, or amended subject                                                                             this section.
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                                                                                                          incidental LAPs are those that have
                                             to the requirements of the Magnuson-                         been issued under the limited access                  *      *      *    *     *
                                             Stevens Act or other applicable law.                         program consistent with the provisions                   (4) A directed or incidental swordfish
                                             *     *     *     *     *                                    under paragraphs (l) and (m) of this                  LAP is valid only when the vessel has
                                               (6) Sanctions and denials. A permit                        section.                                              on board a valid shark LAP and a valid
                                             issued under this section may be                                (3) A vessel owner issued or required              Atlantic Tunas Longline category LAP
                                             revoked, suspended, or modified, and a                       to be issued a Federal Atlantic                       issued for such vessel.


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                                             33152               Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations

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


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                                                                 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations                                            33153

                                             which authorizes a Charter/Headboat to                   dealers must provide a detailed report of                 (ii) In block Arabic numerals
                                             fish commercially for swordfish on a                     all fish first received to NMFS within                 permanently affixed to or painted on the
                                             non for-hire trip subject to the retention               the period specified under paragraph                   vessel in contrasting color to the
                                             limits at § 635.24(b)(4) if: The vessel is               (b)(1)(ii) of this section. All reports must           background.
                                             used to fish for or take swordfish                       be species-specific and must include the               *       *     *    *     *
                                             commercially from the management                         required information about all                            (c) * * *
                                             unit; swordfish from the management                      swordfish and sharks received by the                      (1) The owner or operator of a vessel
                                             unit are retained or possessed on the                    dealer, including the required vessel                  for which a permit has been issued
                                             vessel with an intention to sell; or                     information, regardless of where the fish              under § 635.4 and that uses handline,
                                             swordfish from the management unit are                   were harvested or whether the                          buoy gear, harpoon, longline, or gillnet,
                                             sold from the vessel. The commercial                     harvesting vessel is permitted under                   must display the vessel’s name,
                                             retention and sale of swordfish from                     § 635.4. For sharks, each report must                  registration number, or Atlantic Tunas,
                                             vessels issued an HMS Charter/                           specify the total weight of the                        HMS Angling, or HMS Charter/
                                             Headboat permit with a commercial sale                   carcass(es) without the fins for each                  Headboat permit number on each float
                                             endorsement is permissible only when                     species, and the total fin weight by                   attached to a handline, buoy gear, or
                                             the vessel is on a non for-hire trip. Only               grade for all sharks combined. Dealers                 harpoon, and on the terminal floats and
                                             persons holding non-expired shark and                    are also required to submit ‘‘negative’’               high-flyers (if applicable) on a longline
                                             swordfish LAP(s) in the preceding year                   reports, indicating no receipt of any                  or gillnet used by the vessel. The
                                             are eligible to renew those LAP(s).                      species, within the timeframe specified                vessel’s name or number must be at
                                             Transferors may not renew LAP(s) that                    under paragraph (b)(1)(ii) of this section             least 1 inch (2.5 cm) in height in block
                                             have been transferred according to the                   if they did not first receive any fish                 letters or Arabic numerals in a color that
                                             procedures in paragraph (l) of this                      during the reporting period. As stated in              contrasts with the background color of
                                             section.                                                 § 635.4(a)(6), failure to comply with                  the float or high-flyer.
                                             *     *       *      *     *                             these recordkeeping and reporting                      *       *     *    *     *
                                             ■ 4. In § 635.5, revise paragraphs
                                                                                                      requirements may result in existing                    ■ 6. In § 635.8, revise paragraphs (a)(1)
                                             (a)(5)(ii), (b)(1)(i), and (c)(2) to read as             dealer permit(s) being revoked,                        and (3) and (c)(2) and (3) to read as
                                             follows:                                                 suspended, or modified, and in the                     follows:
                                                                                                      denial of any permit applications.
                                             § 635.5   Recordkeeping and reporting.                   *      *     *      *    *                             § 635.8   Workshops.
                                             *       *    *     *    *                                   (c) * * *                                              (a) * * *
                                                (a) * * *                                                                                                       (1) Both the owner and operator of a
                                                                                                         (2) Non-tournament landings. The                    vessel that fishes with longline or gillnet
                                                (5) * * *                                             owner, or the owner’s designee, of a
                                                (ii) Before fishing under a chartering                                                                       gear must be certified by NMFS, or its
                                                                                                      vessel permitted, or required to be                    designee, as having completed a
                                             arrangement, the owner of a fishing                      permitted, in the Atlantic HMS Angling
                                             vessel subject to U.S. jurisdiction must                                                                        workshop on the safe handling, release,
                                                                                                      or Atlantic HMS Charter/Headboat                       and identification of protected species
                                             apply for, and obtain, a chartering                      category must report all non-tournament
                                             permit as specified in § 635.32(e) and                                                                          before a shark or swordfish LAP,
                                                                                                      landings of Atlantic blue marlin,                      pursuant to § 635.4(e) and (f), is
                                             (g). If a chartering permit is obtained,                 Atlantic white marlin, roundscale
                                             the vessel owner must submit catch                                                                              renewed. For the purposes of this
                                                                                                      spearfish, and Atlantic sailfish, and all              section, it is a rebuttable presumption
                                             information as specified in the terms                    non-tournament and non-commercial
                                             and conditions of that permit. All                                                                              that a vessel fishes with longline or
                                                                                                      landings of North Atlantic swordfish to                gillnet gear if: Longline or gillnet gear is
                                             catches will be recorded and counted                     NMFS by telephone to a number
                                             against the applicable quota of the                                                                             onboard the vessel; logbook reports
                                                                                                      designated by NMFS, or electronically                  indicate that longline or gillnet gear was
                                             Contracting Party to which the                           via the internet to an internet website
                                             chartering foreign entity is a member                                                                           used on at least one trip in the
                                                                                                      designated by NMFS, or by other means                  preceding year; or, in the case of a
                                             and, unless otherwise provided in the                    as specified by NMFS, within 24 hours
                                             chartering permit, must be offloaded in                                                                         permit transfer to new owners that
                                                                                                      of that landing. For telephone landing                 occurred less than a year ago, logbook
                                             the ports of the chartering foreign entity               reports, the owner, or the owner’s
                                             or offloaded under the direct                                                                                   reports indicate that longline or gillnet
                                                                                                      designee, must provide a contact phone                 gear was used on at least one trip since
                                             supervision of the chartering foreign                    number so that a NMFS designee can
                                             entity.                                                                                                         the permit transfer.
                                                                                                      call the vessel owner, or the owner’s
                                             *       *    *     *    *                                designee, for follow up questions and to               *      *     *     *     *
                                                (b) * * *                                                                                                       (3) The owner of a vessel that fishes
                                                                                                      confirm the reported landing.
                                                (1) * * *                                                                                                    with longline or gillnet gear, as
                                                                                                      Regardless of how submitted, landing
                                                (i) Dealers that have been issued or                                                                         specified in paragraph (a)(1) of this
                                                                                                      reports submitted to NMFS are not
                                             should have been issued a Federal                                                                               section, is required to possess on board
                                                                                                      complete unless the vessel owner, or the
                                             Atlantic BAYS tunas, swordfish, and/or                                                                          the vessel a valid protected species safe
                                                                                                      owner’s designee, has received a
                                             shark dealer permit under § 635.4 must                                                                          handling, release, and identification
                                                                                                      confirmation number from NMFS or a
                                             submit to NMFS all reports required                                                                             workshop certificate issued to that
                                                                                                      NMFS designee.
                                             under this section within the timeframe                                                                         vessel owner. A copy of a valid
                                                                                                      *      *     *      *    *                             protected species safe handling, release,
                                             specified under paragraph (b)(1)(ii) of
                                             this section. BAYS tunas, swordfish,                     ■ 5. In § 635.6, revise paragraphs                     and identification workshop certificate
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                                             and sharks commercially-harvested by a                   (b)(1)(ii) and (c)(1) to read as follows:              issued to the vessel owner for a vessel
                                             vessel can only be first received by                                                                            that fishes with longline or gillnet gear
                                                                                                      § 635.6    Vessel and gear identification.             must be included in the application
                                             dealers that have been issued or should
                                             have been issued an Atlantic tunas,                      *        *    *       *       *                        package to renew or obtain a shark or
                                             swordfish, and/or shark dealer permit                         (b) * * *                                         swordfish LAP.
                                             under § 635.4. All federal Atlantic HMS                       (1) * * *                                         *      *     *     *     *


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                                             33154               Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations

                                                (c) * * *                                             pounds). For the purposes of this                     transferred during 2006 through 2012,
                                                (2) If a vessel fishes with longline or               section, the designated target species are            the current owner of a permitted vessel
                                             gillnet gear as described in paragraph                   swordfish; yellowfin, bigeye, albacore,               may also appeal on the basis of
                                             (a)(1) of this section, the vessel owner                 and skipjack tunas; dolphin; wahoo; and               historical changes in vessel ownership
                                             may not renew a shark or swordfish                       porbeagle, shortfin mako, and thresher                or permit transfers. Appeals based on
                                             LAP, issued pursuant to § 635.4(e) or (f),               sharks. A relatively low bluefin tuna                 hardship factors (e.g., illness of vessel
                                             without submitting a valid protected                     interaction to designated species ratio               owner, divorce, etc.) will not be
                                             species workshop certificate with the                    (‘bluefin tuna ratio’) indicates that the             considered.
                                             permit renewal application. (3) A vessel                 vessel has successfully avoided catching              *     *     *     *     *
                                             that fishes with longline or gillnet gear                bluefin tuna while fishing with pelagic               ■ 10. In § 635.19, revise paragraph (e)(4)
                                             as described in paragraph (a)(1) of this                 longline gear in the performance metric               to read as follows:
                                             section and that has been, or should be,                 period.
                                             issued a valid LAP pursuant to                           *     *       *     *     *                           § 635.19    Authorized gears.
                                             § 635.4(e) or (f), may not fish unless a                 ■ 9. In § 635.15, revise paragraphs                   *     *     *     *     *
                                             valid protected species safe handling,                   (c)(3)(iv), (k) introductory text, and                  (e) * * *
                                             release, and identification workshop                     (k)(4)(iii) to read as follows:                         (4) Except for persons aboard a vessel
                                             certificate has been issued to both the                                                                        that has been issued a directed,
                                             owner and operator of that vessel.                       § 635.15   Individual bluefin tuna quotas.            incidental, or handgear swordfish LAP,
                                             *      *      *     *     *                              *       *    *     *     *                            a Swordfish General Commercial
                                             ■ 7. In § 635.9, revise paragraph (e)(4) to                 (c) * * *                                          permit, an Incidental HMS squid trawl
                                             read as follows:                                            (3) * * *                                          permit, or an HMS Commercial
                                                                                                         (iv) Temporary prohibition of leasing              Caribbean Small Boat permit under
                                             § 635.9    Electronic monitoring.                        IBQ allocation. No leasing of IBQ                     § 635.4, no person may fish for North
                                             *      *    *      *    *                                allocation is permitted between 6 p.m.                Atlantic swordfish with, or possess a
                                                (e) * * *                                             eastern time on December 31 of one year               North Atlantic swordfish taken by, any
                                                (4) Completion of trip. Within 48                     and 2 p.m. eastern time on January 1 of               gear other than handline or rod and reel.
                                             hours of completing a fishing trip, the                  the next year. This period is necessary               *     *     *     *     *
                                             vessel owner or operator must mail the                   to provide NMFS time to reconcile IBQ
                                                                                                                                                            ■ 11. In § 635.20, revise paragraph (b) to
                                             removable EM system hard drive(s)                        accounts, and update IBQ shares and
                                                                                                                                                            read as follows:
                                             containing all data to NMFS or NMFS-                     allocations for the upcoming fishing
                                             approved contractor, according to                        year.                                                 § 635.20    Size limits.
                                             instructions provided by NMFS. The                       *       *    *     *     *                            *      *     *      *      *
                                             vessel owner or operator is responsible                     (k) Initial IBQ shares. During year one               (b) BFT size classes. If the head of a
                                             for using shipping materials suitable to                 of implementation of the IBQ Program                  BFT is no longer attached, the size class
                                             protect the hard drives (e.g., bubble                    described in this section, NMFS will                  of the BFT shall be determined using
                                             wrap), tracking the package, and                         issue IBQ shares to eligible Atlantic                 pectoral fin curved fork length (PFCFL)
                                             including a self-addressed mailing label                 Tunas Longline category LAP holders,                  multiplied by a conversion factor of
                                             for the next port of call so replacement                 as specified in paragraph (k)(1) of this              1.35. The CFL, as determined by
                                             hard drives can be mailed back to the                    section. New entrants to the pelagic                  conversion of the PFCFL, will be the
                                             vessel owner or operator. Prior to                       longline fishery would need to obtain an              sole criterion for determining the size
                                             departing on a subsequent trip, the                      Atlantic Tunas Longline category LAP,                 class of a beheaded BFT. The
                                             vessel owner or operator must install a                  as well as other required LAPs, as                    conversion factor may be adjusted after
                                             replacement EM system hard drive(s) to                   described under § 635.4(l), and would                 consideration of additional scientific
                                             enable data collection and video                         need to lease IBQ allocations per                     information and fish measurement data,
                                             recording. The vessel owner or operator                  paragraph (c) of this section if the LAPs             and will be made effective by filing
                                             is responsible for contacting NMFS or                    acquired did not qualify for an initial               notification of the adjustment with the
                                             NMFS-approved contractor if they have                    IBQ share.                                            Office of the Federal Register for
                                             requested but not received a                             *       *    *     *     *                            publication.
                                             replacement hard drive(s) and for                           (4) * * *                                          *      *     *      *      *
                                             informing NMFS or NMFS-approved                             (iii) Items subject to IAD and appeal.             ■ 12. In § 635.21, revise paragraphs
                                             contractor of any lapse in the hard drive                The only items subject to an IAD or                   (b)(1), (c)(3) and (4), (c)(5)(ii)(C)(1),
                                             management procedures described in                       appeal are: Initial IBQ share eligibility             (c)(5)(iii)(A), (c)(5)(iii)(B) introductory
                                             the VMP.                                                 based on ownership of an active vessel                text, (c)(5)(iv), (d)(1)(iii)(D), (d)(2)(ii),
                                             *      *    *      *    *                                with a valid Atlantic Tunas Longline                  and (g)(1) through (3) to read as follows:
                                             ■ 8. In § 635.14, revise paragraph (b)(1)                category LAP combined with the
                                             to read as follows:                                      required shark and swordfish LAPs; the                § 635.21 Gear operation and deployment
                                                                                                      accuracy of NMFS records regarding                    restrictions.
                                             § 635.14    Performance metrics.                         that vessel’s amount of designated                    *     *     *     *     *
                                             *     *     *     *     *                                species landings and/or bluefin                         (b) * * *
                                               (b) * * *                                              interactions; and correct assignment of                 (1) All vessels that have pelagic or
                                               (1) Bluefin tuna interactions                          target species landings and bluefin                   bottom longline gear onboard and that
                                             performance metric. The basis for the                    interactions to the vessel owner/permit               have been issued, or are required to
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                                             bluefin tuna interactions performance                    holder. As described under paragraph                  have, a swordfish, shark, or Atlantic
                                             metric is the ratio of the number of                     (k)(1) of this section, the IBQ share                 Tunas Longline category LAP for use in
                                             bluefin tuna interactions (i.e., the                     formulas are based upon historical data               the Atlantic Ocean including the
                                             number of fish landed, discarded dead,                   associated with a permitted vessel.                   Caribbean Sea and the Gulf of Mexico
                                             and discarded alive) to the total weight                 Because vessels may have changed                      must possess inside the wheelhouse the
                                             of designated target species landings (in                ownership or permits may have been                    document provided by NMFS entitled


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                                                                 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations                                              33155

                                             ‘‘Careful Release Protocols for Sea                      Atlantic Tunas Longline category LAP                  removing the fish from the water or any
                                             Turtle Release with Minimal Injury,’’                    for use in the Atlantic Ocean, including              research tags from the fish.
                                             and must also post inside the                            the Caribbean Sea and the Gulf of                     *      *    *      *      *
                                             wheelhouse the sea turtle handling and                   Mexico, are limited, at all times, to                    (g) * * *
                                             release guidelines provided by NMFS.                     possessing on board and/or using only                    (1) Persons fishing with gillnet gear
                                             *       *    *      *    *                               whole finfish and/or squid bait, and the              must comply with the provisions
                                                (c) * * *                                             following types and sizes of fishing                  implementing the Atlantic Large Whale
                                                (3) A vessel that has been issued, or                 hooks:                                                Take Reduction Plan, the Bottlenose
                                             is required to have been issued, a LAP                   *       *    *    *     *                             Dolphin Take Reduction Plan, the
                                             under this part may fish with pelagic                       (iv) Approval of sea turtle bycatch                Harbor Porpoise Take Reduction Plan,
                                             longline gear in the Cape Hatteras gear                  mitigation gear. NMFS will file with the              and any other relevant Take Reduction
                                             restricted area described in paragraph                   Office of the Federal Register for                    Plan set forth in §§ 229.32 through
                                             (c)(2)(v) of this section, provided the                  publication an initial list of required sea           229.35 of this title. If a listed whale is
                                             vessel has been determined by NMFS to                    turtle bycatch mitigation gear that                   taken, the vessel operator must cease
                                             be ‘‘qualified,’’ (for the relevant year)                NMFS has approved as meeting the                      fishing operations immediately and
                                             using the performance metrics described                  minimum design standards specified                    contact NMFS as required under part
                                             in § 635.14.                                             under paragraph (c)(5)(i) of this section.            229 of this title.
                                                (4) In the Gulf of Mexico, pelagic                    Other devices proposed for use, such as                  (2) While fishing with a drift gillnet,
                                             longline gear may not be fished or                       line clippers or cutters or dehookers, as             a vessel issued or required to be issued
                                             deployed from a vessel issued or                         specified under paragraphs (c)(5)(i)(A)               a Federal Atlantic commercial shark
                                             required to have been issued a LAP                       through (C), (G), and (H) through (K) of              LAP and/or a Federal commercial
                                             under this part with live bait affixed to                this section, must be approved as                     smoothhound permit must conduct net
                                             the hooks; and, a person aboard a vessel                 meeting the minimum design standards                  checks at least every 2 hours to look for
                                             issued or required to have been issued                   before being used. NMFS will examine                  and remove any sea turtles, marine
                                             a LAP under this part that has pelagic                   new devices, as they become available,                mammals, Atlantic sturgeon, or
                                             longline gear on board may not possess                   to determine if they meet the minimum                 smalltooth sawfish, and the drift gillnet
                                             live baitfish, maintain live baitfish in                 design standards, and will file with the              must remain attached to at least one
                                             any tank or well on board the vessel, or                 Office of the Federal Register for                    vessel at one end, except during net
                                             set up or attach an aeration or water                    publication notification of any new                   checks. Smalltooth sawfish must not be
                                             circulation device in or to any such tank                devices that are approved as meeting the              removed from the water while being
                                             or well. For the purposes of this section,               standards.                                            removed from the net.
                                             the Gulf of Mexico includes all waters                   *       *    *    *     *                                (3) While fishing with a sink gillnet,
                                             of the U.S. EEZ west and north of the                       (d) * * *                                          vessels issued or required to be issued
                                             boundary stipulated at 50 CFR                               (1) * * *                                          a Federal Atlantic commercial shark
                                             600.105(c).                                                 (iii) * * *                                        LAP and/or a Federal commercial
                                                (5) * * *                                                (D) Charleston Deep Artificial Reef.               smoothhound permit must limit the
                                                (ii) * * *                                            Bounded by rhumb lines connecting, in                 soak time of the sink gillnet gear to no
                                                (C) * * *                                             order, the following points: 32°9.65′ N               more than 24 hours, measured from the
                                                (1) Non-boated turtles should be                      lat., 79°9.2′ W long.; 32°7.155′ N lat.,              time the sink gillnet first enters the
                                             brought close to the boat and provided                   79°5.595′ W long.; 32°2.36′ N lat.,                   water to the time it is completely
                                             with time to calm down. Then, it must                    79°9.975′ W long.; 32°5.04′ N lat.,                   removed from the water. Smalltooth
                                             be determined whether or not the hook                    79°13.575′ W long.                                    sawfish must not be removed from the
                                             can be removed without causing further                   *       *    *    *     *                             water while being removed from the net.
                                             injury. A front flipper or flippers of the                  (2) * * *                                          *      *    *      *      *
                                             turtle must be secured with an approved                     (ii) Handling and release                          ■ 13. In § 635.22, revise paragraphs
                                             turtle control device from the list                      requirements. Sea turtle bycatch                      (c)(1) and (5), (d), and (f) introductory
                                             specified in paragraph (c)(2)(vii)(D) of                 mitigation gear, as required by                       text to read as follows:
                                             this section.                                            paragraph (d)(2)(i) of this section, must
                                             *       *    *      *    *                               be used to disengage any hooked or                    § 635.22    Recreational retention limits.
                                                (iii) * * *                                           entangled sea turtle as stated in                     *      *    *      *    *
                                                (A) Gangion length. The length of any                 paragraph (c)(5)(ii) of this section. This               (c) * * *
                                             gangion on vessels that have pelagic                     mitigation gear should also be employed                  (1) The recreational retention limit for
                                             longline gear on board and that have                     to disengage any hooked or entangled                  sharks applies to any person who fishes
                                             been issued, or are required to have, a                  species of prohibited sharks as listed                in any manner, except to persons aboard
                                             swordfish, shark, or Atlantic Tunas                      under heading D, Prohibited Sharks, of                a vessel that has been issued a Federal
                                             Longline category LAP for use in the                     Table 1 of appendix A to this part, any               Atlantic commercial shark vessel permit
                                             Atlantic Ocean including the Caribbean                   hooked or entangled species of sharks                 under § 635.4. The retention limit can
                                             Sea and the Gulf of Mexico must be at                    that exceed the retention limits as                   change depending on the species being
                                             least 10 percent longer than any                         specified in § 635.24(a), and any hooked              caught and the size limit under which
                                             floatline length if the total length of any              or entangled smalltooth sawfish. In                   they are being caught as specified under
                                             gangion plus the total length of any                     addition, if a smalltooth sawfish is                  § 635.20(e). If a commercial Atlantic
                                             floatline is less than 100 meters.                       caught, the fish should be kept in the                shark quota is closed under § 635.28(b),
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                                                (B) Hook size, type, and bait. Vessels                water while maintaining water flow                    the recreational retention limit for
                                             fishing outside of the NED gear                          over the gills and the fish should be                 sharks and no sale provision in
                                             restricted area, as defined at § 635.2,                  examined for research tags. All                       paragraph (a) of this section may be
                                             that have pelagic longline gear on board,                smalltooth sawfish must be released in                applied to persons aboard a vessel
                                             and that have been issued, or are                        a manner that will ensure maximum                     issued a Federal Atlantic commercial
                                             required to have, a swordfish, shark, or                 probability of survival, but without                  shark vessel permit under § 635.4(e),


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                                             33156               Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations

                                             only if that vessel has also been issued                 § 635.26(a) is not authorized from such               the Atlantic region is defined as a line
                                             an HMS Charter/Headboat permit with                      vessel. On days other than RFDs, and                  beginning on the east coast of Florida at
                                             a shark endorsement under § 635.4(b)                     when the General category is open, large              the mainland at 25°20.4′ N. lat.,
                                             and is engaged in a for-hire fishing trip.               medium or giant BFT may be caught                     proceeding due east. Any water and
                                             A person on board a vessel that has been                 and landed from such vessels up to the                land to the south and west of that
                                             issued or is required to be issued a                     daily retention limit in effect for that              boundary is considered, for the
                                             permit with a shark endorsement under                    day. NMFS will annually publish a                     purposes of quota monitoring and
                                             § 635.4 may be required to use non-                      schedule of RFDs in the Federal                       setting of quotas, to be within the Gulf
                                             offset, corrodible circle hooks as                       Register.                                             of Mexico region. Any water and land
                                             specified in § 635.21(f) and (k) in order                *      *    *     *     *                             to the north and east of that boundary,
                                             to retain sharks per the retention limits                   (4) To provide for maximum                         for the purposes of quota monitoring
                                             specified in this section.                               utilization of the quota for BFT, NMFS                and setting of quotas, is considered to be
                                             *      *    *      *    *                                may increase or decrease the daily                    within the Atlantic region.
                                                (5) Sharks listed in Table 1 of                       retention limit of large medium and                   *      *     *    *     *
                                             appendix A to this part that are not                     giant BFT over a range from zero (on
                                             listed in this section, must be released                 RFDs) to a maximum of five per vessel.                   (c) * * *
                                             by persons aboard a vessel that has not                  Such increase or decrease will be based                  (1) * * *
                                             been issued a Federal Atlantic                           on the criteria provided under                           (i) * * *
                                             commercial shark vessel permit under                     § 635.27(a)(8). NMFS will adjust the
                                             § 635.4(e).                                                                                                       (A) A swordfish from the North
                                                                                                      daily retention limit specified in
                                                                                                                                                            Atlantic stock caught prior to the
                                             *      *    *      *    *                                paragraph (a)(2) of this section by filing
                                                                                                                                                            directed fishery closure by a vessel for
                                                (d) Yellowfin tuna. Three yellowfin                   an adjustment with the Office of the
                                                                                                      Federal Register for publication. In no               which a directed swordfish LAP, a
                                             tunas per person per day may be
                                                                                                      case shall such adjustment be effective               swordfish handgear LAP, an HMS
                                             retained. Regardless of the length of a
                                                                                                      less than 3 calendar days after the date              Commercial Caribbean Small Boat
                                             trip, no more than three yellowfin tuna
                                                                                                      of filing with the Office of the Federal              permit, a Swordfish General
                                             per person may be possessed on board
                                                                                                      Register, except that previously                      Commercial open access permit, or an
                                             a vessel. The recreational retention limit
                                             for yellowfin tuna applies to a person                   designated RFDs may be waived                         HMS Charter/Headboat permit with a
                                             who fishes in any manner, except to a                    effective upon closure of the General                 commercial sale endorsement (and only
                                             person aboard a vessel issued an                         category fishery so that persons aboard               when on a non for-hire trip) has been
                                             Atlantic Tunas vessel permit under                       vessels permitted in the General                      issued or is required to have been issued
                                             § 635.4(d). The recreational retention                   category may conduct tag-and-release                  is counted against the directed fishery
                                             limit for yellowfin tuna applies to                      fishing for BFT under § 635.26(a).                    quota. The total baseline annual fishery
                                             persons, including captain and crew,                                                                           quota, before any adjustments, is 2,937.6
                                                                                                      *      *    *     *     *
                                             aboard a vessel that has been issued an                                                                        mt dw for each fishing year. Consistent
                                                                                                      ■ 15. In § 635.27, revise the paragraphs              with applicable ICCAT
                                             Atlantic HMS Charter/Headboat permit                     (b)(1) introductory text, (c)(1)(i)(A) and
                                             under § 635.4(b) only when the vessel is                                                                       recommendations, a portion of the total
                                                                                                      (B), and (d)(1) to read as follows:                   baseline annual fishery quota may be
                                             engaged in a for-hire trip.
                                                                                                      § 635.27   Quotas.                                    used for transfers to another ICCAT
                                             *      *    *      *    *
                                                (f) North Atlantic swordfish. The                     *      *    *     *     *                             contracting party. The annual directed
                                             recreational retention limits for North                     (b) * * *                                          category quota is calculated by adjusting
                                             Atlantic swordfish apply to persons                         (1) Commercial quotas. The                         for over- or under harvests, dead
                                             who fish in any manner, except to                        commercial quotas for sharks specified                discards, any applicable transfers, the
                                             persons aboard a vessel that has been                    in this section apply to all sharks                   incidental category quota, the reserve
                                             issued an HMS Charter/Headboat permit                    harvested from the management unit,                   quota and other adjustments as needed,
                                             with a commercial sale endorsement                       regardless of where harvested. Sharks                 and is subdivided into two equal
                                             under § 635.4(b) and only when on a                      caught and landed commercially from                   semiannual periods: One for January 1
                                             non for-hire trip; a directed, incidental                state waters, even by fishermen without               through June 30, and the other for July
                                             or handgear swordfish LAP under                          Federal shark permits, must be counted                1 through December 31.
                                             § 635.4(e) and (f); a Swordfish General                  against the appropriate commercial                       (B) A swordfish from the North
                                             Commercial permit under § 635.4(f); an                   quota. Any of the base quotas listed                  Atlantic swordfish stock landed by a
                                             Incidental HMS Squid Trawl permit                        below, including regional and/or sub-                 vessel for which an incidental swordfish
                                             under § 635.4(n); or an HMS                              regional base quotas, may be adjusted                 LAP, an incidental HMS Squid Trawl
                                             Commercial Caribbean Small boat                          per paragraph (b)(2) of this section. Any             permit, an HMS Angling permit, or an
                                             permit under § 635.4(o).                                 sharks landed commercially as                         HMS Charter/Headboat permit (and
                                             *      *    *      *    *                                ‘‘unclassified’’ will be counted against              only when on a for-hire trip) has been
                                             ■ 14. In § 635.23, revise paragraphs
                                                                                                      the appropriate quota based on the                    issued, or a swordfish from the North
                                             (a)(2) and (4) to read as follows:                       species composition calculated from                   Atlantic stock caught after the effective
                                                                                                      data collected by observers on non-                   date of a closure of the directed fishery
                                             § 635.23   Retention limits for bluefin tuna.            research trips and/or dealer data. No                 from a vessel for which a swordfish
                                             *     *     *     *     *                                prohibited sharks, including parts or                 directed LAP, a swordfish handgear
                                                                                                      pieces of prohibited sharks, which are                LAP, an HMS Commercial Caribbean
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                                               (a) * * *
                                               (2) On an RFD, no person aboard a                      listed under heading D, Prohibited                    Small Boat permit, a Swordfish General
                                             vessel that has been issued an Atlantic                  Sharks, of Table 1 of appendix A to this              Commercial open access permit, or an
                                             Tunas General category permit may fish                   part, may be retained except as                       HMS Charter/Headboat permit with a
                                             for, possess, retain, land, or sell a BFT                authorized under § 635.32. For the                    commercial sale endorsement (when on
                                             of any size class, and catch-and-release                 purposes of this section, the boundary                a non for-hire trip) has been issued, is
                                             or tag-and-release fishing for BFT under                 between the Gulf of Mexico region and                 counted against the incidental category


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                                                                 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations                                           33157

                                             quota. The annual incidental category                    that have pelagic longline gear on board              determines the species only meets one
                                             quota is 300 mt dw for each fishing year.                cannot possess, retain, land, or sell                 criterion.
                                             *      *     *     *    *                                sharks.                                               *     *     *     *     *
                                                (d) * * *                                                (c) * * *                                          ■ 19. In § 635.40, revise the introductory
                                                (1) Unless adjusted under paragraph                      (3) Bluefin tuna Longline category                 text of paragraph (b)(1) and remove and
                                             (d)(2) of this section or by an ICCAT                    closure. If the Atlantic Tunas Longline               reserve paragraph (b)(3) to read as
                                             recommendation, the annual landings                      category quota is closed as specified in              follows:
                                             limit is 250 Atlantic blue and white                     paragraph (a)(3) of this section, vessels
                                             marlin, combined. Annual landings of                     that have pelagic longline gear on board              § 635.40 Restrictions to enhance
                                             roundscale spearfish are also included                   cannot possess or land any North                      conservation.
                                             to the blue and white marlin annual                      Atlantic swordfish or bluefin tuna.                   *      *     *     *     *
                                             landings limit. Should the U.S.                                                                                   (b) * * *
                                                                                                         (d) Northern albacore tuna. When the
                                             recreational Atlantic marlin landing                                                                              (1) For the purposes of paragraph (a)
                                                                                                      annual fishery quota specified in
                                             limit be adjusted by an ICCAT                                                                                  of this section and section 971d(6)(a) of
                                                                                                      § 635.27(e) is reached, or is projected to
                                             recommendation, NMFS will file a                                                                               ATCA, a shipment of fish in any form
                                                                                                      be reached, NMFS will file a closure
                                             notice identifying the new landing limit                                                                       of the species under regulation or under
                                                                                                      action with the Office of the Federal
                                             with the Office of the Federal Register                                                                        investigation by ICCAT offered for
                                                                                                      Register for publication. When the
                                             for publication prior to the start of the                                                                      entry, directly or indirectly, from a
                                                                                                      fishery for Northern albacore tuna is
                                             next fishing year or as early as possible.                                                                     country named in a finding filed with
                                                                                                      closed, Northern albacore tuna may not
                                             *      *     *     *    *                                be retained. If the Atlantic Tunas                    the Office of the Federal Register for
                                             ■ 16. In § 635.28, revise paragraphs                     Longline category quota is closed as                  publication under paragraph (a) of this
                                             (a)(3) introductory text, (b)(1)(iv), (b)(7),            specified in paragraph (a)(3) of this                 section is eligible for entry if the
                                             (c)(3), and (d) to read as follows:                      section, vessels that have pelagic                    shipment is accompanied by a
                                                                                                      longline gear on board cannot possess or              completed ATCA COE attached to the
                                             § 635.28   Fishery closures.                                                                                   invoice certifying that the fish in the
                                                                                                      land any Northern albacore tuna.
                                             *      *      *    *     *                                                                                     shipment:
                                                (a) * * *                                             ■ 17. In § 635.31, revise paragraph (d)(2)
                                                                                                      to read as follows:                                   *      *     *     *     *
                                                (3) When the Atlantic Tunas Longline
                                             category quota is reached, projected to                                                                        ■ 20. In § 635.71 revise paragraphs
                                                                                                      § 635.31 Restrictions on sale and                     (a)(53), (b)(20), (36) through (38), and
                                             be reached, or exceeded, or when there                   purchase.
                                             is high uncertainty regarding the                                                                              (40), and (e)(10) and (11) to read as
                                             estimated or documented levels of                        *      *    *      *    *                             follows:
                                             bluefin tuna catch, NMFS will file a                        (d) * * *
                                                                                                                                                            § 635.71 Restrictions on sale and
                                             closure action with the Office of the                       (2) Atlantic swordfish dealers may                 purchase.
                                             Federal Register for publication. On and                 first receive a swordfish harvested from
                                                                                                                                                            *     *     *     *     *
                                             after the effective date and time of such                the Atlantic Ocean only from an owner
                                                                                                      or operator of a fishing vessel that has                (a) * * *
                                             action, for the remainder of the fishing
                                             year or for a specified period as                        a valid commercial permit for swordfish                 (53) Fish for, catch, possess, retain, or
                                             indicated in the closure action, vessels                 issued under this part, and only if the               land an Atlantic swordfish using, or
                                             that have been issued or are required to                 dealer has submitted reports to NMFS                  captured on, ‘‘buoy gear’’ as defined at
                                             have a LAP under § 635.4 and that have                   according to reporting requirements of                § 635.2, unless the vessel owner has
                                             pelagic longline gear onboard are                        § 635.5(b)(1)(ii). Atlantic swordfish                 been issued a swordfish directed limited
                                             prohibited from leaving port, regardless                 dealers may first receive a swordfish                 access 125 permit or a swordfish
                                             of the amount of bluefin tuna quota                      from a vessel that has pelagic longline               handgear LAP in accordance with
                                             allocation remaining to each vessel or                   gear onboard only if the Atlantic Tunas               § 635.4(f) or a valid HMS Commercial
                                             the amount of fishery quota remaining                    Longline category has not been closed,                Caribbean Small Boat permit in
                                             for other species. In addition to                        as specified in § 635.28(a)(3).                       accordance with § 635.4(o).
                                             providing notice in the Federal                                                                                *     *     *     *     *
                                                                                                      ■ 18. In § 635.34, revise the introductory
                                             Register, NMFS will also notify vessels                                                                          (b) * * *
                                                                                                      text of paragraph (c) to read as follows:
                                             of any closures and their timing via                                                                             (20) Approach to within 100 yd
                                             VMS and may use other electronic                         § 635.34 Adjustment of management                     (91.5 m) of the cork line of a purse seine
                                             methods, such as email. Vessels would                    measures.                                             net used by a vessel fishing for Atlantic
                                             be required to return to port prior to the               *      *    *     *     *                             tuna, or for a purse seine vessel to
                                             closure date/time. When considering                         (c) NMFS may add species to the                    approach to within 100 yd (91.5 m) of
                                             whether to close or reopen the Longline                  prohibited shark species group specified              a vessel actively fishing for Atlantic
                                             category quota, NMFS may consider the                    in heading D, Prohibited Sharks, of                   tuna, except that two vessels that have
                                             following factors:                                       Table 1 of appendix A to this part if,                Atlantic Tunas Purse Seine category
                                             *      *      *    *     *                               after considering the criteria in                     LAPs may approach closer to each
                                                (b) * * *                                             paragraphs (c)(1) through (4) of this                 other.
                                                (1) * * *                                             section, the species is determined to                 *     *     *     *     *
                                                (iv) The species is a prohibited                      meet at least two of the criteria.                      (36) Possess J-hooks onboard a vessel
                                             species as listed under heading D,                       Alternatively, NMFS may remove                        that has pelagic longline gear onboard,
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                                             Prohibited Species of Table 1 of                         species from the prohibited shark                     and that has been issued, or is required
                                             appendix A to this part; or                              species group and place them in the                   to have, a swordfish, shark, or Atlantic
                                             *      *      *    *     *                               appropriate shark species group in                    Tunas Longline category LAP for use in
                                                (7) If the Atlantic Tunas Longline                    Table 1 of appendix A if, after                       the Atlantic Ocean, including the
                                             category quota is closed as specified in                 considering the criteria in paragraphs                Caribbean Sea and the Gulf of Mexico,
                                             paragraph (a)(3) of this section, vessels                (c)(1) through (4) of this section, NMFS              except when green-stick gear is onboard,


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                                             33158               Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations

                                             as specified at § 635.21(c)(2)(vii)(A) and                  (40) Possess, use, or deploy J-hooks               with § 635.4(f) or a valid HMS
                                             (c)(5)(iii)(B)(3).                                       smaller than 1.5 inch (38.1 mm), when                 Commercial Caribbean Small Boat
                                                (37) Use or deploy J-hooks with                       measured in a straight line over the                  permit in accordance with § 635.4(o).
                                             pelagic longline gear from a vessel that                 longest distance from the eye to any part                (11) As the owner of a vessel
                                             has been issued, or is required to have,                 of the hook, when fishing with or
                                             a swordfish, shark, or Atlantic Tunas                                                                          permitted, or required to be permitted,
                                                                                                      possessing green-stick gear onboard a
                                             Longline category LAP for use in the                                                                           in the swordfish directed, swordfish
                                                                                                      vessel that has been issued, or is
                                             Atlantic Ocean, including the Caribbean                  required to have, a swordfish, shark, or              handgear LAP category, or issued a
                                             Sea and Gulf of Mexico, as specified in                  Atlantic Tunas Longline category LAP                  valid HMS Commercial Caribbean Small
                                             § 635.21(c)(5)(iii)(B).                                  for use in the Atlantic Ocean, including              Boat permit and utilizing buoy gear, to
                                                (38) As specified in                                  the Caribbean Sea and Gulf of Mexico,                 possess or deploy more than 35
                                             § 635.21(c)(5)(iii)(B)(3), possess more                  as specified at § 635.21(c)(5)(iii)(B)(3) or          individual floatation devices, to deploy
                                             than 20 J-hooks onboard a vessel that                    (c)(2)(vii)(A).                                       more than 35 individual buoy gears per
                                             has been issued, or is required to have,                 *      *     *     *     *                            vessel, or to deploy buoy gear without
                                             a swordfish, shark, or Atlantic Tunas                       (e) * * *                                          affixed monitoring equipment, as
                                             Longline category LAP for use in the                        (10) Fish for, catch, possess, retain, or          specified at § 635.21(h).
                                             Atlantic Ocean, including the Caribbean                  land an Atlantic swordfish using, or                  *     *     *     *     *
                                             Sea and Gulf of Mexico, when                             captured on, ‘‘buoy gear’’ as defined at              [FR Doc. 2018–14916 Filed 7–16–18; 8:45 am]
                                             possessing onboard both pelagic                          § 635.2, unless, as specified in                      BILLING CODE 3510–22–P
                                             longline gear and green-stick gear as                    § 635.19(e)(3), the vessel owner has been
                                             defined in § 635.2.                                      issued a swordfish directed LAP or a
                                             *     *      *     *    *                                swordfish handgear LAP in accordance
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Document Created: 2018-07-17 01:39:53
Document Modified: 2018-07-17 01:39:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; technical amendments.
DatesThis final rule is effective on July 17, 2018.
ContactLauren Latchford, Larry Redd, or Karyl Brewster-Geisz by phone at 301-427-8503.
FR Citation83 FR 33148 
RIN Number0648-BH50
CFR AssociatedFisheries; Fishing; Fishing Vessels; Foreign Relations; Imports; Penalties; Reporting and Recordkeeping Requirements and Treaties

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