[Federal Register: December 18, 2002 (Volume 67, Number 243)]
[Rules and Regulations]
[Page 77434-77439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de02-17]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 020325070-2296-03; I.D. 071299C]
RIN 0648-AM91
Atlantic Highly Migratory Species (HMS) Fishing Vessel Permits;
Charter Boat Operations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: Under the framework provisions of the Fishery Management Plan
for Atlantic Tunas, Swordfish, and Sharks (HMS FMP), NMFS amends the
consolidated regulations governing the Atlantic HMS fisheries to define
operations and regulations for HMS Charter/Headboats (CHBs), require an
Atlantic HMS recreational permit, adjust the time frame for permit
category changes for Atlantic HMS and Atlantic tunas permits, clarify
the regulations regarding the retention of Atlantic bluefin tuna (BFT)
in the Gulf of Mexico by recreational and HMS CHB vessels, and allow
NMFS to set differential BFT retention limits by vessel type (e.g.,
charter boats, headboats).
DATES: Effective March 1, 2003.
ADDRESSES: Copies of supporting documents, including the HMS FMP, are
available from the Highly Migratory Species Management Division, NMFS,
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930.
The supporting documents will also be posted on the e-Comments Web site
listed under http://www.nmfs.noaa.gov and the HMS Web site http://www.nmfs.noaa.gov/sfa/hmspg.html.
Comments on the burden-hour estimates
www.nmfs.noaa.gov/sfa/hmspg.html. Comments on the burden-hour estimates
or other aspects of the collection of information that are part of this
rulemaking can be submitted to NMFS, but must also be mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Washington, DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Brad McHale at (978) 281-9260.
SUPPLEMENTARY INFORMATION: Atlantic tunas, swordfish, and billfish are
managed under the dual authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic
Tunas Convention Act (ATCA). ATCA authorizes the Secretary of Commerce
(Secretary) to implement binding recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT). The
authority to issue regulations under the Magnuson-Stevens Act and ATCA
has been delegated from the Secretary to the Assistant Administrator
(AA) for Fisheries, NOAA. Sharks are managed solely under the authority
of the Magnuson-Stevens Act.
Background
Background information about the need for revisions to the HMS
regulations was provided in the preamble to the proposed rule (67 FR
20716, April 26, 2002), and is not repeated here. By this final rule,
NMFS defines operations and regulations for HMS CHBs; requires an
Atlantic HMS recreational permit; adjusts the time frame for permit
category changes for Atlantic HMS and Atlantic tunas permits; and
clarifies the regulations regarding the retention of BFT in the Gulf of
Mexico by recreational and HMS CHB vessels. This final rule also amends
the regulatory text to clarify the authority to set differential BFT
retention limits by vessel type (e.g., charter boats, headboats) which
was restated less clearly when the HMS regulations were consolidated
under 50 CFR part 635 (64 FR 29090, May 28, 1999).
Changes from the Proposed Rule
This final rule changes some of the proposed revisions to the
regulatory text and some paragraphs have been consolidated. In Sec.
635.4, several proposed revisions to paragraphs (b) and (d) have been
revised, the references to certain other permit requirements in the
proposed revisions to paragraphs (b) and (d) have been consolidated
into paragraph (a), and paragraph (c) has been added. These changes
were made to clarify the intent of the regulatory text, to reduce
duplication and to facilitate enforcement of the regulations.
Comments and Responses
NMFS conducted three public hearings on the proposed rule and
received written, oral, and electronic comments (through the NMFS e-
Comments pilot project website at http://www.nmfs.noaa.gov) over a 30-
day comment period. The majority of the comments were in support of the
proposed actions. Responses to specific comments on the issues
contained in the proposed rule are provided here.
Comment 1: NMFS has received comments stating that applying the
recreational yellowfin tuna (YFT) retention limit to HMS CHB vessels at
all times precludes legitimate commercial activity when the vessels are
not carrying fee-paying anglers. Commenters have also indicated that
some HMS CHB vessels have historically conducted commercial fishing
trips for YFT when not operating as a for-hire vessel. Some commenters
stated that the HMS FMP did not specifically address commercial fishing
by the for-hire fleet and the impacts of prohibiting such commercial
fishing on this segment of the fishery. Other commenters stated that
HMS CHB vessels should not have the ability to land as many YFT as they
can on commercial vessels because the stock is currently defined as
fully exploited and an increase in fishing mortality could have adverse
effects.
Response: NMFS agrees that applying the recreational YFT retention
limit to HMS CHB vessels at all times precludes legitimate commercial
activity when the vessels are not carrying fee-paying passengers. The
HMS CHB permit is considered a commercial tuna permit in that tunas
caught by vessels possessing the permit may be sold. Prior to July 1,
1999, CHB vessels had the ability to retain and sell all YFT that were
caught, as long as they met the minimum size requirements. In 2000,
commercial handgear landings of YFT totaled 283.7 metric tons (mt),
amounting to approximately 4 percent of total U.S. YFT landings, or 9
percent of all commercial landings. Dealer weighout data reported to
NMFS included 839 handgear trips that sold YFT from 1998 through 2000,
and about 10 percent of these trips were reported by CHBs. Thus,
although commercial YFT landings by CHB vessels may be significant to
individual vessel operators, they represent less than 1 percent of
total U.S. YFT landings.
NMFS has determined that allowing HMS CHB vessels to retain YFT
under the commercial limits when not engaged in for-hire activities
would not adversely affect the YFT stock. NMFS recognizes the dual
nature of the operations of certain vessels issued the HMS CHB permit.
Thus, the final rule defines for-hire fishing in a way that would allow
such vessels to fish under commercial limits when not engaged in
[[Page 77435]]
for-hire fishing. The definition of for-hire fishing is similar to that
used in other U.S. fisheries operating in the Caribbean, Gulf of
Mexico, and South Atlantic. For those vessels that engage in both for-
hire and commercial fishing, the impact of this action is positive, as
it clarifies the requirements to allow them to participate in both
types of fisheries.
Comment 2: Many comments stated that requiring recreational permits
for all HMS vessels is long over due. They noted that issuing an HMS
Angling category permit will provide critical data by which to
accurately assess the status of the Atlantic HMS fishery in the
recreational sector. Other commenters stated that this permit
requirement will even the playing field and protect the rights of both
commercial and recreational fishermen. NMFS also received comments
stating that it is essential to know the universe of participants and
the total effort that is involved in the recreational sector of HMS
fisheries. It was stated that the permits could be used to further our
scientific understanding of these HMS. The comment stated that the
permit should be merged with the current Atlantic tunas Angling
category permit to reduce the burden on the recreational sector. NMFS
also received a comment stating that there are other methods of
identifying the universe of recreational HMS fishermen, such as
coordinating with the states, which would relieve the public of the
burden of having to renew the Federal permit on an annual basis.
Response: The HMS recreational permit will enable NMFS to more
accurately monitor recreational landings and generate catch and release
statistics for all recreational HMS, thereby enhancing HMS management
and research efforts. Knowledge of the universe of recreational
fishermen and of total fishing effort, catch, and bycatch is incomplete
at present, with most data collection currently focused on the Atlantic
tunas fisheries. Estimates of some of these parameters are currently
made using survey instruments, such as the Large Pelagic Survey (LPS)
and the Marine Recreational Fisheries Statistics Survey (MRFSS), as
well as reporting from registered tournaments. The current Atlantic
tunas angling category permit will be replaced with an Atlantic HMS
recreational permit system, which will greatly improve information
available to NMFS regarding the recreational Atlantic HMS fisheries by
providing an accurate measure of participation, which will improve
estimates of effort, catch, and bycatch (including discards) for
several important species.
Comment 3: NMFS received a number of comments stating that, due to
the nature of the HMS fisheries, effective management is essential
throughout the entire range of the regulated species. These commenters
agreed that NMFS must exercise jurisdiction over U.S.-flagged vessels
regardless of where a vessel is fishing.
Response: NMFS recognizes that state-federal jurisdictional issues
are complex. NMFS will work with the individual states to evaluate how
permit conditions applied to recreational vessels issued Federal
permits may resolve jurisdictional concerns. Upon completing
discussions with the states, NMFS may address this issue in a separate
rulemaking.
Comment 4: Many comments stated that the different retention limits
for inspected headboats are justifiable provided that there is a
maximum retention limit placed upon the vessel.
Response: With the BFT retention limits generally defined in terms
of the number of fish that can be retained per vessel, a maximum
retention limit can be inequitable for U.S. Coast Guard (USCG)
inspected vessels authorized to carry a larger number of passengers.
This action clarifies the HMS regulations for setting differential
retention limits by vessel type (e.g., charter boat vs. headboat).
Comment 5: Several comments stated that the E-comments system is a
step in the right direction in providing the public with efficient
means to submit comments, and in allowing NMFS to take more
stakeholders' insights into account when making final rules. Some
commenters also stated that having the ability to see previously
submitted comments enhances their understanding of the proposed changes
and the potential impacts.
Response: NMFS' E-comments pilot project was a success. NMFS will
expand the use of this system and will continue to explore ways to use
technology to enhance the public's ability to learn about and
participate in NMFS rulemaking activities.
Comment 6: Some commenters stated that the HMS CHB recreational
trip definition should be coordinated with the regional fishery
management councils, NMFS law enforcement, and USCG to minimize the
confusion and complexity with different definitions in different
fisheries.
Response: NMFS coordinated with other management bodies and
enforcement agencies to develop a recreational trip definition for HMS
CHB vessels. This issue was discussed at length during the 2001
Advisory Panel (AP) meeting, and there was general consensus among the
AP members that defining a charter trip in a manner similar to that
used in the NMFS Southeast Region regulations (based on paying
passengers aboard and/or the number of persons aboard, with three
people or less on board constituting a ``commercial'' trip and more
than three on board constituting a ``charter'' trip) is appropriate for
HMS, especially regarding the YFT bag limit issue.
Comment 7: A few comments received stated that it is unacceptable
to charge every fishermen $27.00 per year for the use of the HMS
resources. These commenters felt that the fee was a means of generating
funds for the Federal government and that NMFS could establish a permit
program and obtain the same information without charging a fee. Other
commenters stated that the fee is reasonable.
Response: Under the Magnuson-Stevens Act, NMFS is authorized to
charge fees for permits to participants in fisheries conducted in the
U.S. exclusive economic zone. Administrative costs recovery is a NOAA
policy, and the fee is calculated annually to recover the costs
attributable to the automated permit and reporting system. Under
current law, these funds cannot be directly applied to NMFS' programs,
but must be deposited into the General Fund of the United States
Treasury.
Classification
These regulatory amendments are published under the authority of
the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. and the Atlantic Tunas
Convention Act, 16 U.S.C. 971 et seq. The Assistant Administrator (AA)
for Fisheries, NOAA, has determined that the regulations contained in
this final rule are necessary to implement the recommendations of ICCAT
and for the management of the Atlantic HMS fisheries.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) at the proposed rule stage that, if implemented,
this final rule would not have a significant economic impact on a
substantial number of small entities. No comments were received that
would alter the basis for this determination. However, as noted above,
a few of the comments received expressed concern about charging a fee
for the use of the HMS resources. These commenters felt that the permit
fee was a means to generate funds for the Federal government and that
NMFS could establish a permit program without
[[Page 77436]]
charging a fee. However, under the Magnuson-Stevens Act, NMFS is
authorized to charge fees for permits issued to participants in
fisheries conducted in the U.S. exclusive economic zone. Further,
administrative cost recovery is NOAA's policy, and the minimal fee
(currently $27 per year) is calculated annually to recover the costs
attributable to the automated permit and reporting system. Under
current law, these funds cannot be directly applied to NMFS' programs,
but must be deposited into the General Fund of the United States
Treasury. Given the prior certification to SBA, neither an Initial nor
a Final Regulatory Flexibility Analysis was prepared.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an Environmental Assessment (EA) for this final rule,
and the AA has concluded that there would be no significant impact on
the human environment. The EA presents analyses of the anticipated
impacts of these final actions and the other alternatives considered. A
copy of the EA and other analytical documents prepared for this final
rule are available from NMFS (see ADDRESSES).
The regulations implemented through this final rule are not
expected to increase endangered species or marine mammal interaction
rates. On September 7, 2000, NMFS reinitiated formal consultation for
all HMS commercial fisheries under section 7 of the Endangered Species
Act. A Biological Opinion (BiOp) issued June 14, 2001, concluded that
continued operation of the Atlantic pelagic longline fishery is likely
to jeopardize the continued existence of endangered and threatened sea
turtle species under NMFS jurisdiction. On July 9, 2002 (67 FR 45393),
NMFS implemented the reasonable and prudent alternative required by the
BiOp. None of the actions in this final rule would have any additional
impact on sea turtles as these actions would not likely increase or
decrease pelagic longline effort, nor are they expected to shift effort
into other fishing areas. No irreversible or irretrievable commitments
of resources are expected from the final actions that would adversely
affect the implementation of the requirements of the BiOp.
The areas affected by these final actions have been identified as
essential fish habitat (EFH) for species managed by the New England
Fishery Management Council, the Mid-Atlantic Fishery Management
Council, the South Atlantic Fishery Management Council, the Gulf of
Mexico Fishery Management Council, the Caribbean Fishery Management
Council, and the HMS Management Division of NMFS. It is not anticipated
that the actions will have any adverse impacts on EFH; therefore, no
consultation is required.
This final rule contains two new collection-of-information
requirements and restates several existing reporting requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). The first new collection
of information is approved under OMB Control Number 0648-0327 and is an
extension of the Atlantic tunas recreational Angling category permit
requirement to include fishermen who fish for all Atlantic HMS,
including swordfish, sharks, and billfish, with an estimated public
reporting burden of 30 minutes per response for initial permit
applications and 6 minutes per response for renewing the permit. The
second collection is approved under OMB Control Number 0648-0373 and
extends gear-marking requirements to persons acquiring this permit who
were not previously subject to a permit requirement, with an estimated
response time of 15 minutes per float. This final rule also restates a
number of collection-of-information requirements that OMB has
previously approved. These requirements and their OMB control numbers
and estimated response times are: vessel permits for Atlantic tunas and
Atlantic HMS Charter/headboats, initial (30 minutes; 0648-0327) and
renewal (6 minutes; 0648-327); vessel permits for Atlantic shark and
swordfish (20 minutes; 0648-0205); dealer permits for Atlantic sharks
and swordfish (5 minutes; 0648-0205); call in recreational landing
reports for Atlantic bluefin tuna (5 minutes; 0648-0328); dealer
permits for Atlantic tunas (5 minutes; 0648-0202); gear marking (15
minutes; 0648-0373); and vessel marking (45 minutes; 0648-0373).
All estimates include 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 and OMB (see ADDRESSES).
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to, a 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.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and record keeping
requirements, Statistics, Treaties.
Dated: December 10, 2002.
Rebecca Lent,
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: Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et
seq.
2. In Sec. 635.2, the definition for ``For-hire trip'' is added,
in alphabetical order, to read as follows:
Sec. 635.2 Definitions.
* * * * *
For-hire trip means a recreational fishing trip taken by a vessel
with an Atlantic HMS Charter/Headboat permit during which paying
passenger(s) are aboard; or, for uninspected vessels, trips during
which there are more than three persons aboard, including operator and
crew; or, for vessels that have been issued a Certificate of Inspection
by the U.S. Coast Guard to carry passengers for hire, trips during
which there are more persons aboard than the number of crew specified
on the vessel's Certificate of Inspection.
* * * * *
3. In Sec. 635.4, paragraphs (a)(1), (a)(2), (a)(5), (b), (d)(1)
through (d)(3), (h)(1) introductory text, and (m)(1) are revised, and
paragraph (c) is added to read as follows:
Sec. 635.4 Permits and fees.
* * * * *
(a) General. (1) Authorized activities. Each permit issued by NMFS
authorizes certain activities, and persons may not conduct these
activities without the appropriate permit, unless otherwise authorized
by NMFS in accordance with this part. In certain cases, additional
permits may be required to authorize these same or related activities
under federal, state or local jurisdictions.
(2) Vessel permit inspection. The owner or operator of a vessel of
the United States must have the appropriate valid permit on board the
vessel to fish
[[Page 77437]]
for, take, retain, or possess Atlantic HMS when engaged in recreational
fishing and to fish for, take, retain or possess Atlantic tunas,
swordfish, or sharks when engaged in commercial fishing. The vessel
operator must make such permit available for inspection upon request by
NMFS or by a person authorized by NMFS. The owner of the vessel is
responsible for satisfying all of the requirements associated with
obtaining, maintaining, and making available for inspection all
required vessel permits.
* * * * *
(5) Display upon offloading. Upon transfer of Atlantic HMS, the
owner or operator of the harvesting vessel must present for inspection
the vessel's HMS Charter/Headboat permit and/or Atlantic tunas, shark,
or swordfish permit to the receiving dealer. The permit must be
presented prior to completing any applicable landing report specified
at Sec. 635.5(a)(1), (a)(2) and (b)(2)(i).
* * * * *
(b) HMS Charter/Headboat permits. (1) The owner of a charter boat
or headboat used to fish for, take, retain, or possess any Atlantic HMS
must obtain an HMS Charter/Headboat permit. A vessel issued an HMS
Charter/Headboat permit for a fishing year shall not be issued an HMS
Angling permit or an Atlantic Tunas permit in any category for that
same fishing year, regardless of a change in the vessel's ownership.
(2) While persons aboard a vessel that has been issued an HMS
Charter/Headboat permit are fishing for or are in possession of
Atlantic HMS, the operator of the vessel must have a valid Merchant
Marine License or Uninspected Passenger Vessel License, as applicable,
issued by the U.S. Coast Guard pursuant to regulations at 46 CFR part
10. Such Coast Guard license must be carried on board the vessel.
(c) HMS Angling permits. The owner of each vessel used to fish
recreationally for Atlantic HMS or on which Atlantic HMS are retained
or possessed, must obtain an HMS Angling permit. Atlantic HMS caught,
retained, possessed, or landed by persons on board vessels with an HMS
Angling permit may not be sold or transferred to any person for a
commercial purpose. A vessel issued an HMS Angling permit for a fishing
year shall not be issued an HMS Charter/Headboat permit or an Atlantic
Tunas permit in any category for that same fishing year, regardless of
a change in the vessel's ownership. An Atlantic Tunas Angling category
permit issued for the 2002 fishing year shall meet the vessel permit
requirements of this paragraph through May 31, 2003.
(d) Atlantic Tunas vessel permits. (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 issued under paragraph (b)
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, or HMS Charter/Headboat 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 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 or a valid HMS Charter/Headboat permit.
(3) A vessel issued an Atlantic Tunas permit in any category for a
fishing year shall not be issued an HMS Angling permit, HMS Charter/
Headboat permit, or an Atlantic Tunas permit in any other category for
that same fishing year, regardless of a change in the vessel's
ownership.
* * * * *
(h) * * *
(1) Atlantic Tunas, HMS Angling, and HMS Charter/Headboat vessel
permits.
* * * * *
(m) Renewal--(l) General. Persons must apply annually for a dealer
permit for Atlantic tunas, sharks, and swordfish, and for an Atlantic
HMS Angling, HMS Charter/Headboat, tunas, shark, or swordfish vessel
permit. Except as specified in the instructions for automated renewals,
a renewal application must be submitted to NMFS, at an address
designated by NMFS, at least 30 days before a permit's expiration to
avoid a lapse of permitted status. NMFS will renew a permit provided
that the specific requirements for the requested permit are met,
including those described in Sec. 635.4 (l)(2), all reports required
under the Magnuson-Stevens Act and ATCA have been submitted, including
those described in Sec. 635.5, and the applicant is not subject to a
permit sanction or denial under paragraph (a)(6) of this section.
* * * * *
4. In Sec. 635.5, the first sentence of paragraph (c) is revised
to read as follows:
Sec. 635.5 Recordkeeping and reporting.
* * * * *
(c) Anglers. The owner of a vessel permitted in the HMS Angling or
HMS Charter/Headboat category must report all BFT landed under the
Angling category quota to NMFS through the automated catch reporting
system by calling 1-888-USA-TUNA or posting the required information at
http://www.nmfspermits.com within 24 hours of the landing. * * *
* * * * *
5. In Sec. 635.6, paragraph (b)(1) introductory text and the first
sentence of paragraph (c)(1) are revised to read as follows:
Sec. 635.6 Vessel and gear identification.
* * * * *
(b) Vessel identification. (1) An owner or operator of a vessel for
which a permit has been issued under Sec. 635.4, other than an HMS
Angling permit, must display the vessel number
* * * * *
(c) Gear identification. (1) The owner or operator of a vessel for
which a permit has been issued under Sec. 635.4 and that uses a
handline, 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 or
harpoon and on the terminal floats and high-flyers (if applicable) on a
longline or gillnet used by the vessel. * * *
* * * * *
6. In Sec. 635.22, paragraphs (a), (c), and (d) are revised to
read as follows:
Sec. 635.22 Recreational retention limits.
(a) General. Atlantic HMS caught, possessed, retained, or landed
under these recreational retention limits may not be sold or
transferred to any person for a commercial purpose. Recreational
retention limits apply to a longbill spearfish taken or possessed
shoreward of the outer boundary of the Atlantic EEZ, to a shark taken
from or possessed in the Atlantic EEZ, and to a yellowfin or bluefin
tuna taken from or possessed in the Atlantic Ocean. The operator of a
vessel for which a retention limit applies is responsible for the
vessel retention limit and the cumulative retention limit based on the
number of persons aboard. Federal recreational retention limits may not
be combined with any recreational retention limit applicable in state
waters.
* * * * *
(c) Sharks. One shark from either the large coastal, small coastal
or pelagic group may be retained per vessel per trip, subject to the
size limits described
[[Page 77438]]
in Sec. 635.20(e), and, in addition, one Atlantic sharpnose shark may
be retained per person per trip. Regardless of the length of a trip, no
more than one Atlantic sharpnose shark per person may be possessed on
board a vessel. No prohibited sharks listed in Table 1(d) of appendix A
to this part may be retained. The recreational retention limit for
sharks applies to a person who fishes in any manner, except to a person
aboard a vessel issued an Atlantic Sharks LAP under Sec. 635.4. When a
commercial Atlantic shark fishery is closed under Sec. 635.28, the
recreational retention limit for sharks may be applied to persons
aboard a vessel issued an Atlantic Sharks LAP under Sec. 635.4, only
if that vessel has also been issued an HMS Charter/Headboat permit
under Sec. 635.4 and is engaged in a for-hire trip.(d) Yellowfin tuna.
Three yellowfin tunas per person per day may be retained. Regardless of
the length of a trip, no more than three yellowfin tuna per person may
be possessed on board a vessel. The recreational retention limit for
yellowfin tuna applies to a person who fishes in any manner, except to
a person aboard a vessel issued an Atlantic Tunas vessel permit under
Sec. 635.4. The recreational retention limit for yellowfin tuna
applies to persons aboard a vessel that has been issued an HMS Charter/
Headboat permit only when the vessel is engaged in a for-hire trip.
7. In Sec. 635.23, paragraphs (b) introductory text, (b)(2),
(b)(3), (c) introductory text, and (c)(3) are revised to read as
follows:
Sec. 635.23 Retention limits for BFT.
* * * * *
(b) Angling category. BFT may be retained and landed under the
daily limits and quotas applicable to the Angling category by persons
aboard vessels issued an HMS Angling permit as follows:
* * * * *
(2) School, large school, or small medium BFT. (i) No school, large
school, or small medium BFT may be retained, possessed, landed, or sold
in the Gulf of Mexico.
(ii) One school, large school, or small medium BFT per vessel per
day may be retained, possessed, or landed outside the Gulf of Mexico.
Regardless of the length of a trip, no more than a single day's
allowable catch of school, large school, or small medium BFT may be
possessed or retained.
(3) Changes to retention limits. To provide for maximum utilization
of the quota for BFT spread over the longest period of time, NMFS may
increase or decrease the retention limit for any size class BFT or
change a vessel trip limit to an angler limit and vice versa. Such
increase or decrease in retention limit will be based on a review of
daily landing trends, availability of the species on the fishing
grounds, and any other relevant factors. Such adjustments to the
retention limits may be applied separately for persons aboard a
specific vessel type, such as private vessels, headboats or charter
boats. NMFS will adjust the daily retention limit specified in
paragraph (b)(2) of this section by filing with the Office of the
Federal Register for publication notification of the adjustment. Such
adjustment will not be effective until at least 3 calendar days after
notification is filed with the Office of the Federal Register for
publication.
(c) HMS Charter/Headboat. Persons aboard a vessel issued an HMS
Charter/Headboat permit may retain and land BFT under the daily limits
and quotas applicable to the Angling category or the General category
as follows:
* * * * *
(3) When fishing other than in the Gulf of Mexico and when the
fishery under the General category has not been closed under Sec.
635.28, a person aboard a vessel that has been issued an HMS Charter/
Headboat permit 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.
* * * * *
8. In Sec. 635.27, the first three sentences of paragraph (a)
introductory text, the first two sentences of paragraph (a)(1)(i)
introductory text, and the first sentence of paragraph (a)(2)
introductory text are revised to read as follows:
Sec. 635.27 Quotas.
(a) BFT. Consistent with ICCAT recommendations, NMFS will subtract
any allowance for dead discards from the fishing year's total U.S.
quota for BFT that can be caught and allocate the remainder to be
retained, possessed, or landed by persons and vessels subject to U.S.
jurisdiction. The total landing quota will be divided among the
General, Angling, Harpoon, Purse Seine, Longline, and Trap categories.
Consistent with these allocations and other applicable restrictions of
this part, BFT may be taken by persons aboard vessels issued Atlantic
Tunas permits, HMS Angling permits, or HMS Charter/Headboat permits. *
* *
(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 has been issued are counted against the
General category landings quota. See Sec. 635.23 (c)(3) regarding
landings by vessels with an HMS Charter/Headboat permit that are
counted against the General category landings quota. * * *
* * * * *
(2) Angling category landings quota. The total amount of BFT that
may be caught, retained, possessed, and landed by anglers aboard
vessels for which an HMS Angling permit or an HMS Charter/Headboat
permit has been issued is 19.7 percent of the overall annual U.S. BFT
landings quota. * * *
* * * * *
9. In Sec. 635.28, paragraph (b)(3) is revised to read as follows:
Sec. 635.28 Closures.
* * * * *
(b) * * *
(3) When the fishery for a shark species group is closed, a fishing
vessel issued an Atlantic Sharks LAP pursuant to Sec. 635.4 may not
possess or sell a shark of that species group, except under the
conditions specified in Sec. 635.22 (a) and (c), and a permitted shark
dealer may not purchase or receive a shark of that species group from a
vessel issued an Atlantic Sharks LAP, except that a permitted shark
dealer or processor may possess sharks that were harvested, off-loaded,
and sold, traded, or bartered, prior to the effective date of the
closure and were held in storage.
* * * * *
10. In Sec. 635.31, paragraph (a)(1) is revised to read as
follows:
Sec. 635.31 Restrictions on sale and purchase.
(a) Atlantic tunas. (1) Persons that own or operate 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, or a
General, Harpoon, Longline, Purse Seine, or Trap category permit for
Atlantic Tunas issued under this part. However, no person shall sell a
BFT smaller than the large medium size class. Also, no large medium or
giant BFT 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
[[Page 77439]]
closed, shall be sold (see Sec. 635.23(c)). Persons shall sell
Atlantic tunas only to a dealer that has a valid permit for purchasing
Atlantic tunas issued under this part.
* * * * *
11. In Sec. 635.71, paragraphs (b)(1), (b)(3), (b)(14), and
(b)(15), are revised to read as follows:
Sec. 635.71 Prohibitions.
* * * * *
(b) * * *
(1) Engage in fishing with a vessel that has been issued an
Atlantic Tunas or Atlantic HMS permit under Sec. 635.4, unless the
vessel travels to and from the area where it will be fishing under its
own power and the person operating that vessel brings any BFT under
control (secured to the catching vessel and/or brought on board) with
no assistance from another vessel, except as shown by the operator that
the safety of the vessel or its crew was jeopardized or other
circumstances existed that were beyond the control of the operator.
* * * * *
(3) Fish for, catch, retain, or possess a BFT less than the large
medium size class by a person aboard a vessel other than one that has
on board a valid HMS Angling or Charter/Headboat permit, or an Atlantic
tunas Purse Seine category permit as authorized under Sec. 635.23 (b),
(c), and (e)(2).
* * * * *
(14) As a person aboard a vessel issued an HMS Angling or Charter/
Headboat permit, fail to immediately cease fishing and immediately
return to port after catching a large medium or giant BFT or fail to
report such catch, as specified in Sec. 635.23(b)(1)(iii) and (c)(1)
through (c)(3).
(15) As a person aboard a vessel issued an HMS Angling or HMS
Charter/Headboat permit, sell, offer for sale, or attempt to sell a
large medium or giant BFT retained when fishing under the circumstances
specified in Sec. 635.23(b)(1)(iii) and (c)(1) through (c)(3).
* * * * *
[FR Doc. 02-31695 Filed 12-17-02; 8:45 am]
BILLING CODE 3510-22-S