Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Proposed Rules 49773 

(e)(2) and will be subject to the ELD 

requirements when compliance 

becomes mandatory. Each time a 

production driver operates a CMV for a 

different studio or production company 

the motor carrier and the driver must 

reconcile the driver’s HOS record for the 

past week. At present, cooperation 

between production companies, various 

Teamsters locals, and drivers can reduce 

the burden of this detailed 

reconciliation. And under the current 

rules, drivers themselves can manage 

the necessary paper RODS, carry them 

to each new CMV, and transfer paper 

copies to each new motor carrier as 

needed. When a roadside inspection 

occurs, a driver can produce paper 

RODS for review by the enforcement 

official. 

MPAA contends that the lack of 

interoperability among ELD platforms 

developed by various manufacturers 

means that motion picture company 

drivers will not be able to transfer HOS 

data from one carrier or vehicle to other 

carriers or vehicles. A driver who is 

required to use an ELD may operate a 

CMV that has one operating system 

installed on the truck. When the driver 

transfers to operating for another studio 

or production company, that company 

may use a different ELD operating 

system for its vehicles. The HOS data 

cannot automatically be transferred 

from the first company’s vehicle to the 

second company’s system unless both 

ELD devices are on the same platform. 

MPAA believes that requiring 

production company drivers to record 

their HOS using incompatible ELD 

platforms would prevent them from 

implementing more efficient or effective 

operations that would maintain a level 

of safety equivalent to, or greater than, 

the level achieved without the requested 

exemption. Allowing production 

company drivers to continue using 

paper RODS to record their HOS data 

will not jeopardize operational safety or 

increase fatigue-related crashes. 

MPAA states that Congress and 

FMCSA already recognized the minimal 

safety concerns presented by motion 

picture production drivers due to the 

limited numbers of hours and miles 

they operate CMVs and the availability 

of frequent and extended periods of off 

duty time throughout the workday. As 

a result production drivers are already 

exempted from the typical HOS driving 

and on duty time limits as long as they 

operate within a 100 air-mile radius of 

the location where the driver reports to 

and is released from work. 

Because production drivers operate 

CMVs so few miles and hours per day, 

motion picture production companies 

have driver and vehicle out-of-service 

rates that are substantially below the 

national averages for carriers in general. 

Until such time as all ELD platforms are 

fully interoperable, motion picture 

production drivers should be allowed to 

continue recording their HOS data using 

paper RODS. 

A copy of MPAA’s application for 

exemption is available for review in the 

docket for this notice. 

Issued on: October 23, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–23404 Filed 10–26–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 170901859–7999–01] 

RIN 0648–BH19 

Atlantic Highly Migratory Species; 

Charter/Headboat Permit Commercial 

Sale Provision 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

make HMS Charter/Headboat permits a 

non-commercial category and create a 

separate regulatory provision for the 

commercial sale of Atlantic highly 

migratory species (HMS) by HMS 

Charter/Headboat permit holders. 

Currently, all vessels issued an HMS 

Charter/Headboat permit could be 

categorized as a commercial fishing 

vessel and subject to United States Coast 

Guard (USCG) commercial fishing 

vessel safety requirements if they also 

possess a state commercial sale permit, 

regardless of whether the permit holder 

engages or intends to engage in 

commercial fishing. Under the proposed 

rule, HMS Charter/Headboat permit 

holders would be prohibited from 

selling Atlantic tunas or swordfish 

unless they obtain a ‘‘commercial sale’’ 

endorsement for their permit. This 

proposed rule would clarify which HMS 

Charter/Headboat permitted vessels are 

properly categorized as commercial 

fishing vessels. This action would be 

administrative in nature and would not 

affect fishing practices or result in any 

significant environmental or economic 

impacts. 

This proposed rule has a 15-day 

comment period. The abbreviated 

comment period is necessary to 

implement any management changes 

before January 1, 2018 to ensure all 

HMS charter/headboat vessels are 

appropriately categorized as commercial 

or non-commercial upon initial 

application or renewal of 2018 HMS 

Charter/Headboat permits. We do not 

anticipate the proposal to be 

controversial or to generate significant 

public comment and believe that a 15- 

day comment period will be sufficient 

to attract any substantive public input. 

DATES: Written comments must be 

received by November 13, 2017. An 

operator-assisted, public conference call 

and webinar will be held on November 

1, 2017, from 2:00 p.m. to 4:00 p.m., 

EST. 

ADDRESSES: The conference call 

information is phone number 1 (888) 

664–9965; participant passcode 

5355311. Participants are strongly 

encouraged to log/dial in fifteen 

minutes prior to the meeting. NMFS 

will show a brief presentation via 

webinar followed by an opportunity for 

public comment. To join the webinar go 

to: https://noaaevents2.webex.com/noaa

events2/onstage/g.php?MTID=efb2b4e

48c0c4b75f50900b90743b7a18, event 

password: noaa. Participants that have 

not used WebEx before will be 

prompted to download and run a plugin program that will enable them to 

view the webinar. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2017–0124, by any of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0124, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Margo Schulze-Haugen, NMFS/SF1, 

1315 East-West Highway, National 

Marine Fisheries Service, SSMC3, Silver 

Spring, MD 20910. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
49774 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Proposed Rules 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this proposed rule may be submitted to 

the HMS Management Division by email 

to OIRA_Submission@omb.eop.gov or 

fax to (202) 395–7285. 

Presentation materials and copies of 

the supporting documents—including 

the 2006 Consolidated HMS Fishery 

Management Plan (FMP) and its 

amendments and associated 

documents—are available from the HMS 

Management Division Web site at http:// 

www.nmfs.noaa.gov/sfa/hms/ or by 

contacting Dianne Stephan by phone at 

978–281–9260. 

FOR FURTHER INFORMATION CONTACT: 

Dianne Stephan or Tobey Curtis by 

phone at 978–281–9260, or Steve 

Durkee by phone at 202–670–6637. 

SUPPLEMENTARY INFORMATION: 

Background 

Atlantic HMS regulations at 50 CFR 

635.4(b) require that charter/headboat 

vessels (i.e., vessels taking fee-paying 

passengers) used to fish for, take, retain, 

or possess Atlantic HMS, must obtain an 

HMS Charter/Headboat permit. In 

addition to carrying paying passengers, 

the permit also allows charter/headboat 

fishermen to diversify their operations 

by fishing commercially for Atlantic 

tunas and swordfish. They may also sell 

sharks if they have a commercial shark 

permit in addition to the Charter/ 

Headboat permit. Relatively few permit 

holders use the commercial sale 

provision. From 2012–2016, an annual 

average of only seven percent of HMS 

Charter/Headboat permit holders sold 

any tuna or swordfish. 

Legislation and United States Coast 

Guard (USCG) commercial fishing 

vessel safety policies and regulatory 

interpretation may result in an 

increased compliance burden for HMS 

Charter/Headboat permitted vessels. 

Commercial fishing vessel safety 

provisions contained in the Coast Guard 

Authorization Act of 2010 (CGAA) and 

the Coast Guard and Maritime 

Transportation Act of 2012 were the 

subject of a Marine Safety Information 

Bulletin (MSIB 12–15) issued by the 

USCG on October 20, 2015. MSIB 12–15 

clarified that the law would require 

mandatory dockside safety exams to a 

broader population of commercial 

fishing vessels. As clarified in the 

notice, that broader community 

included HMS Charter/Headboat vessels 

that were authorized by the permit to 

sell fish commercially (e.g., all Charter/ 

Headboat vessels) who also possessed a 

state commercial sale permit. The 

mandatory safety exam includes a check 

for required commercial fishing vessel 

safety equipment such as life rafts, 

emergency beacons, and survival suits, 

and other requirements found in 46 CFR 

part 28. Outfitting a vessel with these 

items comes at a substantial cost. 

Mandatory dockside safety exams for 

vessels operating beyond three nautical 

miles from the baseline under this 

program began October 15, 2015. 

The mandatory safety requirements 

have been difficult to enforce pending a 

more effective way to identify which 

HMS Charter/Headboat permit holders 

engage in commercial fishing and are 

therefore subject to the requirements. 

After receiving questions about 

applicability from NMFS and the 

regulated community, on July 10, 2017, 

the USCG issued Marine Safety 

Information Bulletin (MSIB 008–17) in 

an attempt to clarify the applicability of 

commercial fishing vessel safety 

requirements for vessels with HMS 

permits, including HMS Charter/ 

Headboat permits. USCG regulations at 

46 CFR 28.50 define a commercial 

fishing vessel as a vessel that 

commercially engages in the catching, 

taking, or harvesting of fish, or an 

activity that can reasonably be expected 

to result in the catching, taking, or 

harvesting of fish. According to the 

MSIB 008–17, if an individual has an 

HMS Charter/Headboat permit (which 

allows commercial sale) and a state 

permit to sell catch, the vessel is 

considered subject to commercial 

fishing vessel safety regulations. 

Many HMS Charter/Headboat 

operators that neither sell, nor intend to 

sell, their catch but hold a permit to sell 

have thus found that the USCG policy 

identifies their operations as a 

‘‘commercial fishing vessel,’’ and 

requires them to adhere to USCG 

commercial fishing vessel safety 

requirements. For example, even small 

charter vessels (i.e., less than 20 feet in 

length) operating in the warm waters of 

the Gulf of Mexico and with no intent 

to sell HMS, may be required under the 

USCG regulations to carry an inflatable 

life raft that can cost approximately 

$1,750. In addition to the cost burden, 

a vessel of this size has minimal space 

to store such gear. These smaller HMS 

Charter/Headboat permitted vessels 

were previously subject to the USCG 

safety regulations for uninspected 

passenger vessels of less than 100 gross 

tons and carrying six or less passengers, 

which are less extensive and less costly. 

In late 2016 and early 2017, NMFS 

and the USCG staff informally discussed 

how to more effectively categorize HMS 

charter/headboat vessels under USCG 

regulations. On October 6, 2017, the 

USCG formally reviewed this proposed 

rule and concurred with the approach to 

provide clarity on the applicability on 

their requirements. The HMS Advisory 

Panel discussed this issue at length at 

its May and September 2017 meetings. 

Many HMS Advisory Panel members, 

including commercial, recreational, and 

council/state representatives, supported 

creating a separate regulatory provision 

for charter/headboat vessels that intend 

to sell HMS and to thus specify that 

other such vessels were not engaged in 

commercial sale and not subject to 

expensive USCG commercial vessel 

compliance obligations. Panel members 

stated that creating a separate sale 

provision would support more 

appropriate application and 

enforcement of USCG commercial 

fishing vessel safety requirements in the 

Atlantic HMS Charter/Headboat fishery, 

and would better clarify for permit 

holders which USCG regulations apply 

to their vessels and fishing operations. 

Proposed Action 

This rule proposes to create a 

‘‘commercial sale’’ endorsement on the 

existing HMS Charter/Headboat permit. 

Under the proposed rule, HMS Charter/ 

Headboat permit holders would be 

prohibited from selling any catch of 

HMS unless they first obtain a 

‘‘commercial sale’’ endorsement on their 

permit. Only those HMS Charter/ 

Headboat permit holders with the 

endorsement would be permitted to sell 

Atlantic tunas or swordfish or sharks if 

they also have the additionally required 

commercial shark permit. 

This proposed rule clarifies that any 

HMS Charter/Headboat vessel that 

selects this commercial sale 

endorsement would be categorized as a 

commercial fishing vessel under USCG 

criteria, and therefore subject to USCG 

commercial fishing vessel safety 

requirements. Those vessels issued an 

HMS Charter/Headboat permit without 

a ‘‘commercial sale’’ endorsement 

would not be categorized as a 

commercial fishing vessel and would 

not be subject to the USCG commercial 

fishing vessel safety requirements. HMS 

Charter/Headboat permit holders with 

the commercial sale endorsement 

selling a tuna or swordfish must adhere 

to the applicable Atlantic Tunas General 

Category or General Commercial 

Swordfish permit possession limits and 

restrictions, and the landings would be 

applied against the appropriate 

commercial quota. HMS Charter/ 

Headboat permit holders that sell or 

intend to sell sharks must also obtain 


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the commercial sale endorsement on 

their permit as well as a commercial 

shark permit. This proposed rule would 

only change the permit category under 

which certain vessels are fishing. It 

would not affect quotas, gear types, or 

time/area restrictions, and neither 

increase or decrease fishing effort or 

affect fishing timing nor implement 

other measures that would potentially 

have any environmental impacts or 

effects. 

Request for Comments 

NMFS is requesting comments on the 

alternatives and analyses described in 

this proposed rule, Initial Regulatory 

Flexibility Act Analysis (IRFA) and 

Regulatory Impact Review (RIR). 

Comments may be submitted via http:// 

www.regulations.gov, mail, or fax. 

Comments may also be submitted at a 

public hearing (see Public Hearings and 

Special Accommodations below). NMFS 

solicits comments on this proposed rule 

by November 13, 2017 (see DATES and 

ADDRESSES). 

Public Hearings 

Comments on this proposed rule may 

be submitted via http://

www.regulations.gov, mail, or fax and 

comments may also be submitted at a 

public hearing. During the comment 

period, NMFS will hold one webinar 

conference call for this proposed rule 

(see ADDRESSES). 

Classification 

Pursuant to the Magnuson-Stevens 

Fishery Management and Conservation 

(Magnuson-Stevens) Act, the NMFS 

Assistant Administrator has determined 

that the proposed rule is consistent with 

the 2006 Consolidated HMS FMP and 

its amendments, other provisions of the 

Magnuson-Stevens Act, Atlantic Tunas 

Convention Act, and other applicable 

law, subject to further consideration 

after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Paperwork Reduction Act (PRA) 

This proposed rule contains a 

collection-of-information requirement 

subject to the Paperwork Reduction Act 

(PRA) and which has been submitted to 

OMB under control number (0648– 

0327). Public reporting burden for HMS 

Charter/Headboat permit applications 

initial response is estimated to average 

30 minutes and renewal by telephone or 

web is estimated to average 6 minutes 

per response, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Send comments 

regarding this burden estimate, or any 

other aspect of this data collection, 

including suggestions for reducing the 

burden, to NMFS (see ADDRESSES) and 

by email to OIRA_Submission@

omb.eop.gov,or fax to (202) 395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

For the reasons described in the 

preamble, this proposed rule is expected 

to be deregulatory under Executive 

Order 13771. 

Administrative Procedure Act (APA) 

This proposed rule has a 15-day 

comment period. The abbreviated 

comment period is necessary to 

implement any management changes 

before January 1, 2018 to ensure all 

HMS charter/headboat vessels are 

appropriately categorized as commercial 

or non-commercial upon initial 

application or renewal of 2018 HMS 

Charter/Headboat permits. This will 

avoid additional administrative burden 

on the agency and the regulated 

community that would result from a 

later implementation date, which would 

require those vessel owners needing the 

commercial endorsement to engage in 

an additional process. We do not 

anticipate the proposal to be 

controversial or to generate significant 

public comment and believe that a 15- 

day comment period will be sufficient 

to attract any substantive public input. 

Regulatory Flexibility Act 

NMFS prepared an IRFA, as required 

by section 603 of the Regulatory 

Flexibility Act (RFA). The IRFA 

describes the economic impact this 

proposed rule, if adopted, would have 

on small entities. A copy of this analysis 

is available from NMFS (see 

ADDRESSES). The following is a 

summary of the IRFA. 

Description of the Reasons Why Action 

Is Being Considered 

A description of the action, why it is 

being considered, and the legal basis for 

this action are contained in the 

Background section of the preamble and 

in the SUMMARY of this proposed rule. 

Description and Estimate of the Number 

of Small Entities to Which the Proposed 

Rule Would Apply 

Section 603(b)(3) of the RFA requires 

agencies to provide an estimate of the 

number of small entities to which the 

rule would apply. The Small Business 

Administration (SBA) has established 

size criteria for all major industry 

sectors in the United States, including 

for-hire charter/headboat businesses. 

For-hire charter/headboat business fit 

into the ‘‘Scenic and Sightseeing 

Transportation, Water’’ industry under 

NAICS code 487210. SBA has 

established that the small entity size 

standard for that industry is $7.5 

million in average annual receipts. 

Provision is made under SBA’s 

regulations for an agency to develop its 

own industry-specific size standards 

after consultation with Advocacy and an 

opportunity for public comment (see 13 

CFR 121.903(c)). Under this provision, 

NMFS may establish size standards that 

differ from those established by the SBA 

Office of Size Standards, but only for 

use by NMFS and only for the purpose 

of conducting an analysis of economic 

effects in fulfillment of the agency’s 

obligations under the RFA. To utilize 

this provision, NMFS must publish such 

size standards in the Federal Register 

(FR), which NMFS did on December 29, 

2015 (80 FR 81194, December 29, 2015). 

In this final rule effective on July 1, 

2016, NMFS established a small 

business size standard of $11 million in 

annual gross receipts for all businesses 

in the commercial fishing industry 

(NAICS 11411) for RFA compliance 

purposes. 

NMFS considers all HMS Charter/ 

Headboat permit holders (3,594 as of 

October 2016) to be small entities 

because these vessels have reported 

annual gross receipts of less than $11 

million for commercial fishing or earn 

less than $7.5 million from for-hire 

fishing trips. 

NMFS has determined that this 

proposed rule would apply to the small 

businesses associated with the 

approximately seven percent of HMS 

Charter/Headboat permit holders that 

also commercially fish for swordfish 

and tuna. Based on the most recent 

number of permit holders, NMFS 

estimates that this proposed rule would 

apply to approximately 252 HMS 

Charter/Headboat vessel owners. NMFS 

has determined that this action would 

not likely directly affect any small 

organizations or small government 

jurisdictions defined under the RFA. 


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Description of the Projected Reporting, 

Record-Keeping, and Other Compliance 

Requirements of the Proposed Rule, 

Including an Estimate of the Classes of 

Small Entities Which Would Be Subject 

to the Requirements of the Report or 

Record 

Section 603(b)(4) of the RFA requires 

Agencies to describe any new reporting, 

record-keeping and other compliance 

requirements. This proposed rule would 

create a ‘‘commercial sale’’ endorsement 

for the HMS Charter/Headboat permit. 

Under the proposed rule, HMS Charter/ 

Headboat permit holders would be 

prohibited from selling any catch of 

HMS unless they obtain a commercial 

sale endorsement on their permit. The 

commercial sale endorsement could be 

added to the Charter/Headboat permit at 

the time of the permit application or 

renewal, or anytime thereafter. Only 

Charter/Headboat permit holders with 

the endorsement would be allowed to 

sell HMS although they would not be 

obligated to sell any HMS. There would 

be no additional charge for the 

commercial sale endorsement above the 

cost of the HMS Charter/Headboat 

permit; the endorsement would add less 

than a minute more of labor effort to the 

normal HMS Charter/Headboat permit 

process. Those vessels issued an HMS 

Charter/Headboat permit with a 

‘‘commercial sale’’ endorsement would 

be categorized as a commercial vessel 

for the purposes of USCG commercial 

fishing vessel safety requirement. 

Identification of All Relevant Federal 

Rules Which May Duplicate, Overlap, or 

Conflict with the Proposed Rule 

This proposed rule has been 

determined not to duplicate, overlap, or 

conflict with any Federal rules. This 

rule is being proposed to address 

changes in USCG commercial fishing 

vessel safety policies and regulatory 

interpretation that would result in an 

increased compliance burden for HMS 

Charter/Headboat permit holders due to 

the Coast Guard’s broader definition of 

commercial fishing vessels. This 

proposed rule would clarify which HMS 

charter/headboat vessels are truly 

operating as commercial fishing vessels 

versus those that neither sell, nor intend 

to sell, their catch, which includes the 

majority of charter/headboat vessels. 

Description of Any Significant 

Alternatives to the Proposed Rule That 

Accomplish the Stated Objectives of the 

Applicable Statutes and That Minimize 

Any Significant Economic Impact of the 

Proposed Rule on Small Entities 

NMFS considered four different 

alternatives to separate the commercial 

sale provision from the HMS Charter/ 

Headboat permit, and thus relieve some 

HMS Charter/Headboat permit holders 

from the changes in USCG commercial 

fishing vessel safety requirements. 

Alternative 1, the status quo/no action 

alternative, would make no changes to 

current HMS regulations. Alternative 2, 

the preferred alternative, would create 

an endorsement for the HMS Charter/ 

Headboat permit that allows commercial 

sale of Atlantic tunas and swordfish. 

Alternative 3 would remove the 

commercial sale provision of the HMS 

Charter/Headboat permit. Alternative 4 

would create two separate HMS Charter/ 

Headboat permits; one that allows 

commercial sale of Atlantic tunas and 

swordfish, and one that does not. 

Under the ‘‘no action’’ Alternative 1, 

NMFS would maintain the current 

regulations regarding the Atlantic HMS 

Charter/Headboat permit. Under current 

regulations at 635.4(b), permit holders 

taking fee-paying passengers to fish for 

HMS (i.e. charter boats or headboats) 

must obtain the HMS Charter/Headboat 

permit. Since HMS Charter/Headboat 

permits allow the commercial sale of 

Atlantic tunas and swordfish, the 

vessels would now be subject to USCG 

commercial fishing vessel safety 

requirements, regardless of whether the 

permit holder intends to sell HMS. 

However, without a change to the HMS 

Charter/Headboat permit regulations, 

USCG will consider all HMS charter/ 

headboat vessels as commercial fishing 

vessels that must adhere to the to USCG 

commercial fishing vessel safety 

requirements. HMS Charter/Headboat 

permitted vessels were previously 

subject to the USCG safety regulations 

for uninspected passenger vessels of less 

than 100 gross tons and carrying six or 

less passengers, which are less extensive 

and less costly. 

Under the USCG commercial fishing 

vessel safety requirements, many 

Atlantic HMS charter/headboats would 

have to comply with four rule 

requirements for survival craft, record 

keeping, examinations and certificates 

of compliance, and classing of vessels. 

The survival craft requirement 

establishes that all fishing industry 

vessels operating beyond 3 nautical 

miles must carry survival craft that will 

meet a new performance standard for 

primary lifesaving equipment. The use 

of ‘‘lifeboats or liferafts’’ are required for 

commercial vessels, whereas strictly forhire vessels are only required to a have 

‘‘a survival craft that ensures that no 

part of an individual is immersed in 

water.’’ This means that lifefloats and 

buoyant apparatus will no longer be 

accepted as survival craft on any 

commercial fishing vessel operating 

beyond 3 nautical miles once the most 

recent USCG guidance in fully enforced. 

Some HMS Charter/Headboat permitted 

vessels would incorrectly be identified 

as commercial vessels, subject to the 

more stringent lifeboat/liferaft 

requirements. USCG estimates that the 

maximum initial cost of this 

requirement per vessel will be $1,740 

and have a recurring annual cost of 

$300. The records provision requires the 

individual in charge of a vessel 

operating beyond 3 nautical miles to 

maintain a record of lifesaving and fire 

equipment maintenance. It will be 

incumbent upon the master/individual 

in charge of the vessel to maintain these 

records onboard. The USCG estimates 

this record keeping requirement will 

cost $18 annually per vessel. 

The examinations and certificates of 

compliance provision requires a 

dockside safety examination at least 

once every 5 years for vessels, such as 

HMS charter/headboats that engage in 

commercial fishing, operating beyond 3 

nautical miles with the first exam 

statutorily required by October 15, 2015. 

A ‘‘certificate of compliance’’ will be 

issued to a vessel successfully 

completing the exam. Voluntary exams 

will continue to be promoted for vessels 

operating inside 3 nautical miles. USCG 

estimates that the maximum initial cost 

of this requirement per vessel will be 

$600 and have a recurring cost of $600. 

The classing of vessels provision 

requires the survey and classification of 

a fishing vessel that is at least 50 feet 

overall in length, was built after July 1, 

2013, and operates beyond 3 nautical 

miles. It is unlikely that this 

requirement will impact many Atlantic 

HMS charter/headboat vessels because 

the vessels are typically less than 50 feet 

overall in length. 

In sum, all 3,594 Atlantic HMS 

Charter/Headboat permit holders would 

face an initial per vessel cost of $2,358. 

The annual cost savings per vessel in 

subsequent years would be 

approximately $300 for the survival 

craft, $18 for record keeping, and $120 

($600/5 yrs) for examinations and 

certificates of completion. The total 

annual recurring cost saving per vessel 

would be $438 for these three 

requirements. These costs could be 

higher for some individual vessels that 

are too small or have too little storage 

space for the survival craft requirement 

because those vessels might require 

extensive modifications to 

accommodate the storage space for the 

gear. 

Under Alternative 2, the preferred 

alternative, NMFS would modify the 

regulations so that the HMS Charter/ 

Headboat permit alone does not allow 


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commercial sale and would also create 

an endorsement for the HMS Charter/ 

Headboat permit that allows commercial 

sale of Atlantic tunas and swordfish. 

Currently, charter/headboat vessels are 

able, though not obligated, to sell 

swordfish and tunas with an HMS 

Charter/Headboat permit. Consequently, 

vessels that hold an HMS Charter/ 

Headboat permit are categorized as 

commercial fishing vessels subject to 

USCG commercial vessel fishing safety 

requirements if they also possess a state 

commercial sale permit, regardless of 

whether the permit holder engages or 

intends to sell HMS. Under Alternative 

2, NMFS would create a ‘‘commercial 

sale’’ endorsement for the HMS Charter/ 

Headboat permit. Under the proposed 

action, HMS Charter/Headboat permit 

holders would be prohibited from 

selling any catch of HMS unless they 

apply for a commercial sale 

endorsement to be added to their 

permit. The commercial sale 

endorsement could be added to the 

Charter/Headboat permit at the time of 

the permit application or renewal. Only 

charter/headboat vessels with the 

endorsement would be permitted to sell 

HMS although they would not be 

obligated to sell any HMS. Those vessels 

holding an HMS Charter/Headboat 

permit without a commercial sale 

endorsement would not be categorized 

as a commercial fishing vessel and 

would not be subject to the USCG 

commercial safety gear requirements. 

Those vessels that hold an HMS 

Charter/Headboat permit with a 

‘‘commercial sale’’ endorsement would 

be categorized as a commercial vessel 

for the purposes of USCG commercial 

fishing safety requirements. 

The cost savings associated with 

implementing a commercial 

endorsement option for Atlantic HMS 

Charter/Headboat permits would be that 

approximately 93 percent of the permit 

holders would not have to comply with 

the costs associated with the USCG 

commercial fishing vessel safety 

requirements, since Atlantic HMS 

Charter/Headboat permit holders would 

not be considered commercial fishing 

vessels unless they were issued the 

commercial endorsement. The reduced 

costs per vessel initially would be 

approximately $1,740 for the survival 

craft, $18 for record keeping, and $600 

for examinations and certificates of 

completion. The total initial costs saved 

per vessel would be $2,358. The annual 

cost savings per vessel in subsequent 

years would be approximately $300 for 

the survival craft, $18 for record 

keeping, and $120 ($600/5 yrs) for 

examinations and certificates of 

completion. The total annual recurring 

cost saving per vessel would be $438 for 

these three requirements. In addition to 

the reduced costs associated with 

complying with the USCG commercial 

fishing vessel safety requirements for 

those HMS Charter/Headboat permit 

holders that do not intend to obtain the 

endorsement to fish commercially, most 

Atlantic HMS Charter/Headboat permit 

holders would have to do nothing 

different when obtaining their permit 

unless they want to commercially sell 

tunas or swordfish. 

For the approximately 7 percent of 

Atlantic Charter/Headboat permit 

holders that want to obtain a 

commercial endorsement to continue 

selling tunas and swordfish in addition 

to complying with the USCG 

commercial fishing vessel safety 

requirements, they would need to obtain 

an endorsement for the commercial sale 

of Atlantic tunas and swordfish. HMS 

charter/headboat permit holders issued 

the commercial sale endorsement 

selling sharks must obtain a commercial 

shark permit in addition to an HMS 

Charter/Headboat permit. This would 

likely only add a minute or so to the 

time it takes to obtain the Atlantic HMS 

Charter/Headboat permit and it would 

not add to the cost of obtaining the 

permit. NMFS would incur some costs 

associated with altering the online 

permit application to accommodate the 

endorsement, along with some customer 

service changes. 

Under Alternative 3, NMFS would 

remove the commercial sale provision of 

the HMS Charter/Headboat permit. 

Currently, charter/headboat vessels are 

able, though not obligated, to sell 

swordfish and tunas as a condition of 

the HMS Charter/Headboat permit and 

may sell sharks if they also have a 

commercial shark permit. Consequently, 

vessels that hold an HMS Charter/ 

Headboat permit currently are being 

categorized by USCG as commercial 

fishing vessels and subject to USCG 

commercial fishing vessel safety 

requirements if they also hold a state 

commercial sale permit, regardless of 

whether the permit holder engages or 

intends to sell HMS. Under Alternative 

3, NMFS would remove the provision 

that allows commercial sales under the 

HMS Charter/Headboat permit. Thus, 

holding an HMS Charter/Headboat 

permit would no longer categorize a 

vessel as a commercial fishing vessel. 

charter/headboat vessel owners or 

operators that wish to engage in 

commercial sale of tunas and swordfish 

would instead need to obtain an 

Atlantic tunas General category and/or 

Swordfish General Commercial permit. 

The Atlantic Tunas General category 

and Swordfish General Commercial 

permits could be held in conjunction 

with the HMS Charter/Headboat permit. 

Those vessels with an HMS Charter/ 

Headboat permit that do not intend to 

sell HMS and do not obtain an Atlantic 

Tunas General category, Swordfish 

General Commercial, or commercial 

shark permit would not be subject to 

USCG commercial fishing vessel safety 

requirements. 

The benefits of Alternative 3 versus 

the No Action alternative would be 

identical to Alternative 2. 

Approximately 93 percent of the permit 

holders would not have to face the costs 

associated with the USCG commercial 

fishing safety requirements, since 

Atlantic HMS Charter/Headboat permit 

holders would not be considered 

commercial fishing. The reduced costs 

for the fleet would be approximately 

$7,880,436 initially, and then 

$3,067,956 annually thereafter. The 7 

percent that wish to engage in 

commercial sale of tunas and swordfish 

would instead need to obtain an 

Atlantic tunas General category and/or 

Swordfish General Commercial permit. 

This would cost them $20 to obtain 

either the Atlantic Tunas General 

category permit or the Swordfish 

General Commercial permit. For the 

approximately 252 vessel owners that 

might obtain these $20 permits, the total 

cost would be $5,040 to $10,080 

annually depending on whether they 

obtain one or both permits. In addition, 

vessel owners may need to expend a bit 

more time to complete the application 

for these additional permits. NMFS 

would incur costs associated with the 

substantial permits site and customer 

service changes that would be required 

for this change. NMFS prefers 

Alternative 2 over Alternative 3 because 

a commercial sale endorsement 

requirement more closely matches 

current fishing practices and would 

minimize disruptions. Currently, HMS 

Charter/Headboat permit holders can 

sell some HMS and Alternative 2 would 

allow them to continue by simply 

obtaining an endorsement on their 

Charter/Headboat permit. Alternative 3 

would be more disruptive since it 

would require fishermen to obtain 

additional permits. 

Under Alternative 4, NMFS would 

create two separate Atlantic HMS 

Charter/Headboat permits; one that 

allows commercial sale of Atlantic tunas 

and swordfish, and one that does not. 

Currently, charter/headboat vessels are 

able, though not obligated, to sell 

swordfish and tunas as a condition of 

the HMS Charter/Headboat permit. 

Consequently, vessels that hold an HMS 

Charter/Headboat permit could be 


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categorized as commercial fishing 

vessels and subject to USCG commercial 

fishing vessel safety requirements, 

regardless of whether the permit holder 

engages or intends to sell HMS. Under 

Alternative 4, NMFS would create two 

separate HMS Charter/Headboat 

permits; one that would allow 

commercial sale of HMS, and one that 

would not. Those vessels holding an 

HMS Charter/Headboat permit that does 

not allow commercial sale would not be 

categorized as a commercial fishing 

vessel and would not be subject to the 

USCG commercial fishing vessel safety 

requirements. Those vessels that hold 

an HMS Charter/Headboat permit that 

allows commercial sale would be 

categorized as commercial vessels for 

the purposes of USCG commercial 

fishing vessel safety requirements. 

The benefits of Alternative 4 versus 

the No Action alternative would be 

identical to those provided by 

Alternative 2. Approximately 93 percent 

of the permit holders would not have to 

face the costs associated with the USCG 

commercial fishing safety requirements, 

since Atlantic HMS Charter/Headboat 

permit holders would not be considered 

commercial fishing. The reduced costs 

for the fleet would be approximately 

$7,880,436 initially, and then 

$3,067,956 annually thereafter. Under 

this alternative, each of the 3,594 

Atlantic HMS Charter/Headboat permit 

holders would have to determine which 

type of Charter/Headboat permit they 

wish to obtain for the year, and all of 

charter/headboat vessel owners would 

have to learn the new permit process. 

Unlike Alternative 3, there would be no 

additional costs associated with 

obtaining a commercial permit, because 

under this alternative each would pick 

either the no-sale HMS Charter/ 

Headboat permit or the commercial sale 

Charter/Headboat permit. NMFS would 

incur costs associated with the 

substantial permits site and customer 

service changes that would be required 

for this change. NMFS would need to 

develop new regulatory text to describe 

these two new permits and fishery 

participants would have to learn and 

adapt to these changes. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties. 

Dated: October 20, 2017. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For reasons set out in the preamble, 

50 CFR part 635 is proposed to be 

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, add a new definition for 

‘‘Charter/headboat commercial sale 

endorsement’’ in alphabetical order to 

read as follows: 

§ 635.2 Definitions. 

* * * * * 

Charter/headboat commercial sale 

endorsement means an authorization 

added to an HMS Charter/Headboat 

permit that is required for vessels that 

sell or intend to sell Atlantic tunas, 

sharks, and swordfish, provided that all 

other requirements in this part are also 

met. 

* * * * * 

■ 3. In § 635.4, 

■ (a) Revise paragraphs (a)(5), (d)(1), 

(d)(2), introductory text for paragraph 

(f), and paragraphs (f)(1), (f)(2), and 

(m)(2); and 

■ (b) Add paragraph (b)(3). 

The additions and revisions read as 

follows: 

§ 635.4 Permits and fees. 

* * * * * 

(a) * * * 

(5) Display upon offloading. Upon 

offloading of Atlantic HMS for sale, the 

owner or operator of the harvesting 

vessel must present for inspection the 

vessel’s HMS Charter/Headboat permit 

with a commercial sale endorsement; 

Atlantic tunas, shark, or swordfish 

permit; Incidental HMS squid trawl; 

HMS Commercial Caribbean Small Boat 

permit; and/or the shark research permit 

to the first receiver. The permit(s) must 

be presented prior to completing any 

applicable landing report specified at 

§ 635.5(a)(1), (a)(2), and (b)(2)(i). 

* * * * * 

(b) * * * 

(3) The owner of a charter boat or 

headboat that intends to sell Atlantic 

tunas or swordfish must obtain a 

commercial sale endorsement for the 

vessel’s HMS Charter/Headboat permit. 

The owner of a charter boat or headboat 

that intends to sell Atlantic sharks must 

obtain a commercial sale endorsement 

for the vessel’s HMS Charter/Headboat 

permit and must also obtain any 

applicable Atlantic commercial shark 

permits. A vessel owner that has 

obtained an HMS Charter/Headboat 

permit without a commercial sale 

endorsement is prohibited from selling 

any Atlantic HMS. 

* * * * * 

(d) * * * 

(1) The owner of each vessel used to 

fish for or take Atlantic tunas 

commercially or on which Atlantic 

tunas are retained or possessed with the 

intention of sale must obtain an HMS 

Charter/Headboat permit with a 

commercial sale endorsement issued 

under paragraph (b) of this section, an 

HMS Commercial Caribbean Small Boat 

permit issued under paragraph (o) of 

this section, or an Atlantic tunas permit 

in one, and only one, of the following 

categories: General, Harpoon, Longline, 

Purse Seine, or Trap. 

(2) Persons aboard a vessel with a 

valid Atlantic Tunas, HMS Angling, 

HMS Charter/Headboat, or an HMS 

Commercial Caribbean Small Boat 

permit may fish for, take, retain, or 

possess Atlantic tunas, but only in 

compliance with the quotas, catch 

limits, size classes, and gear applicable 

to the permit or permit category of the 

vessel from which he or she is fishing. 

Persons may sell Atlantic tunas only if 

the harvesting vessel has a valid permit 

in the General, Harpoon, Longline, 

Purse Seine, or Trap category of the 

Atlantic Tunas permit, a valid HMS 

Charter/Headboat permit with a 

commercial sale endorsement, or an 

HMS Commercial Caribbean Small Boat 

permit. 

* * * * * 

(f) Swordfish vessel permits. 

(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 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 limited access 

permit, swordfish incidental limited 

access permit, swordfish handgear 

limited access permit, 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 


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limited access permit 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 limited access 

permit issued consistent with 

paragraphs (l) and (m) of this section, or 

permits issued under paragraphs (n) and 

(o) of this section. 

* * * * * 

(m) * * * 

(2) Shark and swordfish permits. A 

vessel owner must obtain the applicable 

limited access permit(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 limited access permit(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, 

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 limited access permit(s) in 

the preceding year are eligible to renew 

those limited access permit(s). 

Transferors may not renew limited 

access permits that have been 

transferred according to the procedures 

in paragraph (l) of this section. 

* * * * * 

■ 4. In § 635.19, paragraph (d)(4) was 

revised at 82 FR 16506, April 4, 2017, 

effective January 1, 2018, and is further 

revised to read as follows: 

§ 635.19 Authorized gears. 

* * * * * 

(d) * * * 

(4) Persons on a vessel issued a permit 

with a shark endorsement under § 635.4 

may possess a shark only if the shark 

was taken by rod and reel or handline, 

except that persons on a vessel issued 

both an HMS Charter/Headboat permit 

with a commercial sale endorsement 

(with or without a shark endorsement) 

and a Federal Atlantic commercial shark 

permit may possess sharks taken by rod 

and reel, handline, bandit gear, longline, 

or gillnet if the vessel is engaged in a 

non for-hire fishing trip and the 

commercial shark fishery is open 

pursuant to § 635.28(b). 

* * * * * 

■ 5. In § 635.22, revise the introductory 

text in paragraph (f), and paragraphs 

(f)(1) and (f)(2) to read as follows: 

§ 635.22 Recreational retention limits. 

* * * * * 

(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 limited access swordfish 

permit 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). 

(1) When on a for-hire trip as defined 

at § 635.2, vessels issued an HMS 

Charter/Headboat permit under 

§ 635.4(b), that are charter boats as 

defined under § 600.10 of this chapter, 

may retain, possess, or land no more 

than one North Atlantic swordfish per 

paying passenger and up to six North 

Atlantic swordfish per vessel per trip. 

When such vessels have been issued a 

commercial sale endorsement and are 

on a non for-hire trip, they must comply 

with the commercial retention limits for 

swordfish specified at § 635.24(b)(4). 

(2) When on a for-hire trip as defined 

at § 635.2, vessels issued an HMS 

Charter/Headboat permit under 

§ 635.4(b), that are headboats as defined 

under § 600.10 of this chapter, may 

retain, possess, or land no more than 

one North Atlantic swordfish per paying 

passenger and up to 15 North Atlantic 

swordfish per vessel per trip. When 

such vessels have been issued a 

commercial sale endorsement and are 

on a non for-hire trip, they may land no 

more than the commercial retention 

limits for swordfish specified at 

§ 635.24(b)(4). 

* * * * * 

■ 6. In § 635.23, revise paragraph (c)(3) 

to read as follows: 

§ 635.23 Retention limits for bluefin tuna. 

* * * * * 

(c) * * * 

(3) When fishing other than in the 

Gulf of Mexico and when the fishery 

under the General category has not been 

closed under § 635.28, a person aboard 

a vessel that has been issued an HMS 

Charter/Headboat permit with a 

commercial sale endorsement may fish 

under either the retention limits 

applicable to the General category 

specified in paragraphs (a)(2) and (a)(3) 

of this section or the retention limits 

applicable to the Angling category 

specified in paragraphs (b)(2) and (b)(3) 

of this section. The size category of the 

first BFT retained will determine the 

fishing category applicable to the vessel 

that day. A person aboard a vessel that 

has been issued an HMS Charter/ 

Headboat without a commercial sale 

endorsement permit may fish only 

under the retention limits applicable to 

the Angling category. 

* * * * * 

■ 7. In § 635.24, revise the introductory 

text of paragraph (b)(4), and paragraph 

(b)(4)(ii) to read as follows: 

§ 635.24 Commercial retention limits for 

sharks, swordfish, and BAYS tunas. 

* * * * * 

(b) * * * 

(4) Persons aboard a vessel that has 

been issued a Swordfish General 

Commercial permit or an HMS Charter/ 

Headboat permit with a commercial sale 

endorsement (and only when on a non 

for-hire trip) are subject to the regional 

swordfish retention limits specified at 

paragraph (b)(4)(iii), which may be 

adjusted during the fishing year based 

upon the inseason regional retention 

limit adjustment criteria identified in 

paragraph (b)(4)(iv) below. 

* * * * * 

(ii) Possession, retention, and landing 

restrictions. Vessels that have been 

issued a Swordfish General Commercial 


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permit or an HMS Charter/Headboat 

permit with a commercial sale 

endorsement (and only when on a non 

for-hire trip), as a condition of these 

permits, may not possess, retain, or land 

any more swordfish than is specified for 

the region in which the vessel is 

located. 

* * * * * 

■ 8. In § 635.27, revise paragraphs 

(a)(1)(i), (c)(1)(i)(A), and (c)(1)(i)(B) to 

read as follows: 

§ 635.27 Quotas. 

(a) * * * 

(1) * * * 

(i) Catches from vessels for which 

General category Atlantic Tunas permits 

have been issued and certain catches 

from vessels for which an HMS Charter/ 

Headboat permit with a commercial sale 

endorsement has been issued are 

counted against the General category 

quota in accordance with § 635.23(c)(3). 

Pursuant to paragraph (a) of this section, 

the amount of large medium and giant 

bluefin tuna that may be caught, 

retained, possessed, landed, or sold 

under the General category quota is 

466.7 mt, and is apportioned as follows, 

unless modified as described under 

paragraph (a)(1)(ii) of this section: 

* * * * * 

(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 limited 

access permit, a swordfish handgear 

limited access permit, a 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 

limited access permit, 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 

limited access permit, a swordfish 

handgear limited access permit, a 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 

quota. The annual incidental category 

quota is 300 mt dw for each fishing year. 

* * * * * 

■ 9. In § 635.31, revise paragraphs (a)(1) 

and (c)(6) to read as follows: 

§ 635.31 Restrictions on sale and 

purchase. 

(a) * * * 

(1) A person that owns or operates a 

vessel from which an Atlantic tuna is 

landed or offloaded may sell such 

Atlantic tuna only if that vessel has a 

valid HMS Charter/Headboat permit 

with a commercial sale endorsement; a 

valid General, Harpoon, Longline, Purse 

Seine, or Trap category permit for 

Atlantic tunas; or a valid HMS 

Commercial Caribbean Small Boat 

permit issued under this part and the 

appropriate category has not been 

closed, as specified at § 635.28(a). 

However, no person may sell a bluefin 

tuna smaller than the large medium size 

class. Also, no large medium or giant 

bluefin tuna taken by a person aboard a 

vessel with an Atlantic HMS Charter/ 

Headboat permit fishing in the Gulf of 

Mexico at any time, or fishing outside 

the Gulf of Mexico when the fishery 

under the General category has been 

closed, may be sold (see § 635.23(c)). A 

person may sell Atlantic bluefin tuna 

only to a dealer that has a valid permit 

for purchasing Atlantic bluefin tuna 

issued under this part. A person may 

not sell or purchase Atlantic tunas 

harvested with speargun fishing gear. 

* * * * * 

(c) * * * 

* * * * * 

(6) A dealer issued a permit under 

this part may not first receive silky 

sharks, oceanic whitetip sharks or 

scalloped, smooth, or great hammerhead 

sharks from an owner or operator of a 

fishing vessel with pelagic longline gear 

on board, or from the owner of a fishing 

vessel issued both a HMS Charter/ 

Headboat permit with a commercial sale 

endorsement and a commercial shark 

permit when tuna, swordfish or billfish 

are on board the vessel, offloaded from 

the vessel, or being offloaded from the 

vessel. 

* * * * * 

■ 10. In § 635.71, revise paragraph (a) 

and add paragraph (a)(62) to read as 

follows: 

§ 635.71 Prohibitions. 

(a) * * * 

(2) Fish for, catch, possess, retain, 

land, or sell Atlantic HMS without the 

appropriate valid vessel permit, LAP, 

EFP, scientific research permit, display 

permit, chartering permit, or shark 

research permit on board the vessel, as 

specified in §§ 635.4 and 635.32. 

* * * * * 

(62) A vessel owner that has obtained 

an HMS Charter/Headboat permit 

without a commercial sale endorsement 

is prohibited from selling any Atlantic 

HMS. 

* * * * * 

[FR Doc. 2017–23277 Filed 10–26–17; 8:45 am] 

BILLING CODE 3510–22–P 


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