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

item acquisitions consistent with 

authorities in the Clinger-Cohen Act. By 

cross referencing FAR 12.207 and its 

enumeration of contract types 

authorized for the acquisition of 

commercial items, the CAS Board 

expects to eliminate disparities between 

the FAR and CAS Board rules that has 

created confusion for contractors and 

subcontractors. The economic impact on 

contractors and subcontractors is, 

therefore, expected to be minor. As a 

result, the Board has determined that 

this rule will not result in the 

promulgation of an ‘‘economically 

significant rule’’ under the provisions of 

Executive Order 12866, and that a 

regulatory impact analysis will not be 

required, and the requirements of E.O. 

13771, Reducing Regulation and 

Controlling Regulatory Costs, do not 

apply. For the same reason, this final 

rule is not a ‘‘major rule’’ under the 

Congressional Review Act, 5 U.S.C. 

Chapter 8. Finally, this rule does not 

have a significant effect on a substantial 

number of small entities because small 

businesses are exempt from the 

application of the Cost Accounting 

Standards. Therefore, this rule does not 

require a regulatory flexibility analysis 

under the Regulatory Flexibility Act of 

1980, 5 U.S.C. Chapter 6. 

List of Subjects in 48 CFR Part 9903 

Cost Accounting Standards, 

Government procurement. 

Lesley A. Field, 

Acting Chair, Cost Accounting Standards 

Board. 

For the reasons set forth in this 

preamble, 48 CFR part 9903 is amended 

as follows: 

PART 9903—CONTRACT COVERAGE 

■ 1. The authority citation for part 9903 

continues to read as follows: 

Authority: Pub. L. 111–350, 124 Stat. 

3677, 41 U.S.C. 1502. 

■ 2. Section 9903.201–1 is amended by 

revising paragraph (b)(6) to read as 

follows: 

9903.201–1 CAS applicability. 

* * * * * 

(b) * * * 

(6) Contracts and subcontracts 

authorized in 48 CFR 12.207 for the 

acquisition of commercial items. 

* * * * * 

[FR Doc. 2018–15176 Filed 7–16–18; 8:45 am] 

BILLING CODE 3110–01–P 

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. 

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 crossreferences 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/atlantichighly-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., (MagnusonStevens 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, crossreference 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 § 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 § 635.2 

capitalizes the word ‘‘shark(s).’’ This 

final action changes to lowercase the 

word ‘‘shark(s).’’ The regulation at 

§ 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 

§ 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 

§ 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 § 635.6(b)(1)(ii) and (c)(1) 

do not capitalize the word ‘‘Arabic.’’ 

This final action corrects this error and 


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

capitalizes ‘‘Arabic.’’ The regulation at 

§ 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 

§ 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 

§ 635.14(b)(1) incorrectly capitalizes the 

word ‘‘Swordfish.’’ This final action 

changes ‘‘Swordfish’’ to ‘‘swordfish.’’ 

The regulation at § 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 § 635.21(g)(1) 

uses ‘‘NOAA Fisheries,’’ and the final 

action changes it to ‘‘NMFS’’ for 

consistency across the regulations. The 

regulation at § 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 § 635.27(d)(1). Additionally, 

for § 635.28(d), this final action 

capitalizes the lower case ‘‘n’’ for the 

species Northern albacore tuna. 

The regulations at §§ 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 

§§ 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 § 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 §§ 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 § 635.2 is 

used consistently across the HMS 

regulations. The regulations at 

§§ 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 §§ 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 §§ 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 § 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 

§ 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 § 635.23(a)(4), it is more clear 

to refer to the ‘‘daily retention limit in 

effect for that day.’’ The regulation at 

§ 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 §§ 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 dehookers.’’ This final action adds 

references to paragraphs (I) and (J) to 

that list. Additionally, §§ 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 

§ 635.22(c)(1), changing the reference 

from § 635.4 to § 635.4(e)). 

Consistency Corrections 

Regulations at §§ 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 § 635.4(c)(2), this final action 

changes the word ‘‘issued’’ to ‘‘with’’ to 

be more internally consistent. 

At § 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 § 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 § 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 

§ 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 § 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 

§ 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.’’ 


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

The definition of ‘‘Fishing Year’’ at 

§ 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 § 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 § 635.20(f) (‘‘For a 

swordfish that has its head naturally 

attached . . .’’). This final action rewords the phrase found in § 635.20(b) to 

be less confusing and more consistent 

with the wording at § 635.20(f). With 

this change, § 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 § 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 

§ 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 MagnusonStevens 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 crossreferences and/or corrects crossreferences 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 

■ 1. The authority citation for part 635 

continues to read as follows: 

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

1801 et seq. 

■ 2. In § 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: 

§ 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 

§ 635.32(d). 

* * * * * 

EFP means an exempted fishing 

permit issued pursuant to § 600.745 of 

this chapter or to § 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 


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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; 

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. 

* * * * * 

■ 3. In § 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: 

§ 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 MagnusonStevens 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 § 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. 


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(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 

§ 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, 


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which authorizes a Charter/Headboat to 

fish commercially for swordfish on a 

non for-hire trip subject to the retention 

limits at § 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. 

* * * * * 

■ 4. In § 635.5, revise paragraphs 

(a)(5)(ii), (b)(1)(i), and (c)(2) to read as 

follows: 

§ 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 § 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 § 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 § 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 

§ 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 

§ 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. 

* * * * * 

■ 5. In § 635.6, revise paragraphs 

(b)(1)(ii) and (c)(1) to read as follows: 

§ 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 § 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. 

* * * * * 

■ 6. In § 635.8, revise paragraphs (a)(1) 

and (3) and (c)(2) and (3) to read as 

follows: 

§ 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 § 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. 

* * * * * 


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(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 § 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 

§ 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. 

* * * * * 

■ 7. In § 635.9, revise paragraph (e)(4) to 

read as follows: 

§ 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 NMFSapproved 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. 

* * * * * 

■ 8. In § 635.14, revise paragraph (b)(1) 

to read as follows: 

§ 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. 

* * * * * 

■ 9. In § 635.15, revise paragraphs 

(c)(3)(iv), (k) introductory text, and 

(k)(4)(iii) to read as follows: 

§ 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 § 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. 

* * * * * 

■ 10. In § 635.19, revise paragraph (e)(4) 

to read as follows: 

§ 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 

§ 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. 

* * * * * 

■ 11. In § 635.20, revise paragraph (b) to 

read as follows: 

§ 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. 

* * * * * 

■ 12. In § 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: 

§ 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 


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‘‘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 § 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 § 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°9.65′ N 

lat., 79°9.2′ W long.; 32°7.155′ N lat., 

79°5.595′ W long.; 32°2.36′ N lat., 

79°9.975′ W long.; 32°5.04′ N lat., 

79°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 § 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 §§ 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. 

* * * * * 

■ 13. In § 635.22, revise paragraphs 

(c)(1) and (5), (d), and (f) introductory 

text to read as follows: 

§ 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 § 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 

§ 635.20(e). If a commercial Atlantic 

shark quota is closed under § 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 § 635.4(e), 


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only if that vessel has also been issued 

an HMS Charter/Headboat permit with 

a shark endorsement under § 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 

§ 635.4 may be required to use nonoffset, corrodible circle hooks as 

specified in § 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 

§ 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 

§ 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 § 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 § 635.4(b) and only when on a 

non for-hire trip; a directed, incidental 

or handgear swordfish LAP under 

§ 635.4(e) and (f); a Swordfish General 

Commercial permit under § 635.4(f); an 

Incidental HMS Squid Trawl permit 

under § 635.4(n); or an HMS 

Commercial Caribbean Small boat 

permit under § 635.4(o). 

* * * * * 

■ 14. In § 635.23, revise paragraphs 

(a)(2) and (4) to read as follows: 

§ 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 

§ 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 

§ 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 § 635.26(a). 

* * * * * 

■ 15. In § 635.27, revise the paragraphs 

(b)(1) introductory text, (c)(1)(i)(A) and 

(B), and (d)(1) to read as follows: 

§ 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 subregional 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 nonresearch 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 § 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°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 


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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. 

* * * * * 

■ 16. In § 635.28, revise paragraphs 

(a)(3) introductory text, (b)(1)(iv), (b)(7), 

(c)(3), and (d) to read as follows: 

§ 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 § 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 

§ 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. 

■ 17. In § 635.31, revise paragraph (d)(2) 

to read as follows: 

§ 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 

§ 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 § 635.28(a)(3). 

■ 18. In § 635.34, revise the introductory 

text of paragraph (c) to read as follows: 

§ 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. 

* * * * * 

■ 19. In § 635.40, revise the introductory 

text of paragraph (b)(1) and remove and 

reserve paragraph (b)(3) to read as 

follows: 

§ 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: 

* * * * * 

■ 20. In § 635.71 revise paragraphs 

(a)(53), (b)(20), (36) through (38), and 

(40), and (e)(10) and (11) to read as 

follows: 

§ 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 

§ 635.2, unless the vessel owner has 

been issued a swordfish directed limited 

access 125 permit or a swordfish 

handgear LAP in accordance with 

§ 635.4(f) or a valid HMS Commercial 

Caribbean Small Boat permit in 

accordance with § 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, 


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as specified at § 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 

§ 635.21(c)(5)(iii)(B). 

(38) As specified in 

§ 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 § 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 § 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 

§ 635.2, unless, as specified in 

§ 635.19(e)(3), the vessel owner has been 

issued a swordfish directed LAP or a 

swordfish handgear LAP in accordance 

with § 635.4(f) or a valid HMS 

Commercial Caribbean Small Boat 

permit in accordance with § 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 § 635.21(h). 

* * * * * 

[FR Doc. 2018–14916 Filed 7–16–18; 8:45 am] 

BILLING CODE 3510–22–P 


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