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Atlantic Highly Migratory Species; Monitoring of Recreational Landings
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 26, 2001 (Volume 66, Number 247)]
[Proposed Rules]
[Page 66386-66390]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de01-33]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 000629197-1282-02; I.D. 032900A]
RIN 0648-AN06
Atlantic Highly Migratory Species; Monitoring of Recreational
Landings
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments; public hearings.
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SUMMARY: NMFS proposes this rule to amend regulations governing
Atlantic billfish and North Atlantic swordfish recreational fisheries
to implement recommendations adopted at the 2000 meeting of the
International Commission for the Conservation of Atlantic Tunas (ICCAT)
and to enhance management programs for these species. NMFS proposes to
implement a mandatory recreational landings reporting system for
Atlantic blue marlin, Atlantic white marlin, west Atlantic sailfish,
and North Atlantic swordfish. In addition, NMFS proposes to establish a
recreational retention limit for North Atlantic swordfish; to add
handlines as an authorized gear for North Atlantic swordfish; to
clarify language concerning applicability of recreational retention
limits for sharks, yellowfin tuna, and North Atlantic swordfish; to
clarify language regarding the Billfish Certificate of Eligibility and
to develop an outreach program to promote the use of circle hooks
within the recreational swordfish fishery. The intent of these actions
is to improve monitoring and conservation of overfished Atlantic
billfish and swordfish stocks. NMFS will hold three hearings regarding
these proposed amendments.
DATES: Written comments on the proposed rule must be received by 5 p.m.
on February 25, 2002. NMFS will hold public hearings on the following
dates:
3. January 14, 2002--Mobile, AL
1. January 23, 2002--Fort Lauderdale, FL
2. January 22, 2002--Manteo, NC
ADDRESSES: The meeting locations are:
1. Broward County Main Library, 100 S. Andrews Ave., Bienes Center,
6th Floor, Fort Lauderdale, FL 33301.
2. North Carolina Aquarium, Airport Road, Manteo, NC 27954.
3. Mobile Public Library, Cottage Hill Branch, 5025 Cottage Hill
Road, Mobile, AL 36609.
Comments on the proposed rule may also be submitted by mail to the
Highly Migratory Species (HMS) Division, 1315 East-West Highway, Silver
Spring, MD 20910. Comments may also be sent via facsimile (fax) to 301-
713-1917. Comments will not be accepted if submitted via e-mail or on
the Internet. Comments regarding the collection-of-information
requirement contained in this proposed rule should be sent to the HMS
Division, 1315 East-West Highway, Silver Spring, MD 20910, and to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Washington, DC 20503 (Attention: NOAA Desk Officer).
Copies of the Draft Environmental Assessment/Regulatory Impact
Review (EA/RIR) for this proposed rule may be obtained from the Highly
Migratory Species Division, Southeast Regional Office, 727-570-5447.
The EA/RIR may also be viewed on the Highly Migratory Species Division
website at www.nmfs.noaa.gov/sfa/hmspg.html 
.
FOR FURTHER INFORMATION CONTACT: Michael Barnette at 727-570-5447 or
Jill Stevenson at 301-713-2347; fax: 727-570-5656; email:
michael.barnette@noaa.gov or jill.stevenson@noaa.gov.
SUPPLEMENTARY INFORMATION: Atlantic HMS are managed under the Fishery
Management Plan for Atlantic Billfish (Atlantic Billfish FMP) and the
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS
FMP). The FMPs are implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
at 50 CFR part 635. In addition, billfish, swordfish and tunas are
managed throughout the Atlantic Ocean by ICCAT, to which the United
States is a contracting party. The Secretary of Commerce has the
responsibility, under the Atlantic Tunas Convention Act (ATCA), to
implement ICCAT recommendations.
Atlantic Blue and White Marlin
At the November, 2000 meeting, ICCAT developed a two-phased
rebuilding plan for Atlantic blue and white marlin. The rebuilding
strategy was based on the results of the most recent stock assessments
completed by ICCAT's Standing Committee for Research and Statistics
(SCRS). The July 2000 assessment indicated that Atlantic marlin stocks
are not rebuilding and continue to be overfished. Specifically,
Atlantic blue marlin stocks are about 40 percent of the level needed to
support maximum sustainable yield (MSY) and white marlin stocks are
about 15 percent of the level needed to support MSY.
Phase One of the ICCAT Atlantic marlin rebuilding plan requires
that countries capturing marlin in commercial fisheries reduce Atlantic
blue marlin landings by 50 percent and white marlin landings by 67
percent from 1999 levels. Furthermore, the United States agreed to
limit annual landings by U.S. recreational fishermen to 250 Atlantic
blue and white marlin, combined, for 2001 and 2002, and to maintain
regulations that have prohibited retention of marlins by U.S. pelagic
longline fishermen since the implementation of the 1988 Atlantic
Billfish FMP.
In Phase Two of the rebuilding plan, the SCRS will conduct stock
assessments of Atlantic blue and white marlin in 2002 and present its
evaluation of specific stock recovery scenarios that take into account
the new stock assessments and any re-evaluation of the historical catch
and effort time series. Based on the advice of the SCRS at its 2002
meeting, ICCAT will, as necessary, develop and adopt programs to
rebuild Atlantic blue and white marlins to levels that would support
MSY. Such rebuilding programs will include a timetable for recovery to
a scientifically derived goal, with associated milestones and
biological reference points.
North Atlantic Swordfish
A 1996 assessment of North Atlantic swordfish stock by the SCRS
indicated that swordfish were overfished and that the biomass was
estimated to be 58 percent of the biomass needed to produce MSY. A 1999
stock assessment indicated that the decline in swordfish biomass has
been slowed or arrested and that biomass was 65 percent of the biomass
needed to produce MSY. However, the SCRS cautioned that the North
Atlantic swordfish recovery plan is very sensitive to any increases in
fishing mortality due to overharvest of landing quotas, increased dead
discards, or to increases in the proportion of juvenile fish taken in
the fisheries.
The U.S. recreational swordfish fishery has been re-emerging after
a period of relatively low activity, though recent catches are still
below historical levels achieved when the stock was more abundant. In
recent years, recreational fishing effort for swordfish has evolved
from incidental catches related to yellowfin tuna trips in the Mid-
Atlantic Bight to a rapidly growing directed fishery off Florida, New
York, and New Jersey. There is concern that
[[Page 66387]]
this expansion is not being effectively monitored and that, therefore,
mortality of both legal and undersized swordfish cannot be accurately
estimated for the recreational fishery.
Effective April 1, 2001, NMFS implemented a closed area off the
east coast of Florida that was specifically aimed at reducing dead
discards of swordfish in the pelagic longline fishery (65 FR 47214,
August 1, 2001). This area remains open to handgear fishermen, and,
while many swordfish are released alive, it is anticipated that further
increases in recreational effort could result in increased mortality of
undersized swordfish and affect the stock rebuilding plan. Furthermore,
there have been reports of swordfish being foul-hooked by recreational
fishing gear due to the nature of swordfish feeding behavior. Injuries
sustained by the fish could impair recovery and result in delayed
mortality even if the fish appears to be released in good condition.
Recreational Catch of Sailfish
In 1992, ICCAT scientists completed a stock assessment for west
Atlantic sailfish/spearfish and deemed the populations to be fully
fished. Since that time, there has not been a complete stock assessment
due to a lack of specific data (internationally, sailfish are often
reported combined with spearfish species in logbooks). In 2001, ICCAT
scientists evaluated sailfish catches independently of spearfish
catches, however, considerable uncertainties remain related to catches
and catch rates. The stock is considered to be fully fished. Abundance
indices have remained relatively stable over the last 20 years.
However, population models have not been successfully used to predict
the dynamics of this stock. Recreational landings in the United States
are not well monitored by existing surveys because of their rare-event
nature. NMFS anticipates that a recreational call-in monitoring system
would improve the quality of data that the United States submits to
ICCAT annually and which would be used in future stock assessments.
Current Catch Management Programs
The primary issue for the United States resulting from the 2000
ICCAT recommendation for Atlantic blue and white marlin is determining
the appropriate management strategy to ensure compliance with the
annual limit of 250 marlin landings for 2001 and 2002. Monitoring
recreational landings of Atlantic billfish is challenging because of
the broad geographic range over which Atlantic blue and white marlin
can potentially be caught and landed by U.S. recreational anglers.
While U.S. recreational anglers predominantly practice a catch-and-
release fishery, a limited number of billfish are landed, particularly
in association with fishing tournaments. The recreational billfish
fishery within the U.S. Exclusive Economic Zone (EEZ), including U.S.
territories, is monitored primarily through the NMFS Recreational
Billfish Survey (RBS). The RBS mainly focuses on fishing tournament
data but does include a limited number of Atlantic billfish landings
outside tournaments. While landings reporting for HMS tournaments is
becoming more comprehensive due to the tournament registration
requirement adopted in Amendment 1 to the Atlantic Billfish FMP
(Billfish Amendment), the level of recreational fishing effort directed
at billfish that occurs outside the tournament context is highly
uncertain.
Billfish landings outside tournaments are occasionally noted by
dockside interviewers conducting the Marine Recreational Fisheries
Statistical Survey (MRFSS) or the Large Pelagics Survey (LPS), but such
low frequency sampling cannot yield precise estimates of total
landings. Additionally, landings from U.S. vessels in foreign ports are
not at present effectively monitored though all landings from vessels
of the United States must be assessed against the landing limit. Some
improvements in monitoring of recreational billfish landings are
anticipated as the HMS Charter/Headboat permit, vessel logbook, and at-
sea observer programs that were developed as part of the HMS FMP and
Billfish Amendment become fully implemented. However, it is unlikely
that these programs, taken together, will be sufficient to monitor all
recreational Atlantic billfish landings.
NMFS published an Advanced Notice of Proposed Rulemaking (ANPR) to
solicit comments on options which would support ICCAT's objectives.
Options ranged from restricting minimum size limits to reduce landings
to implementing upgraded monitoring programs (65 FR 48671, August 9,
2000). Comments received were generally supportive of the need to
increase monitoring of recreational landings.
Several commenters supported a mandatory landings tag program,
either with an unlimited number of tags available or a more complex
controlled distribution system. Such a program would be costly for the
agency and may be more burdensome for fishermen.
A few comments supported a port sampling program that could be
implemented through cooperative agreements with coastal states. Other
commenters recommended requiring a recreational billfish permit and
periodic reporting requirements through logbooks. While NMFS is not
proposing a permit requirement in this rule, a permit requirement may
be implemented in the future to provide a more complete sample frame
for surveying recreational HMS fishermen.
Other commenters were concerned about double counting of billfish
and therefore opposed self-reporting, post cards, fishing club reports,
or a landing tag program. NMFS has similar concerns with respect to
monitoring the expanding recreational swordfish fishery. While the LPS
dockside intercept survey focuses on fishing sites with high activity
for HMS, interviewers could encounter anglers landing swordfish only
off the Mid-Atlantic region due to lack of LPS coverage in the South
Atlantic, Gulf of Mexico, and Caribbean at this time. Therefore,
comprehensive information on landings from the expanding recreational
swordfish fishery off Florida is not available through the LPS.
Although the MRFSS has a broader area of coverage, day-time
interviewers are not likely to sample swordfish due to the nocturnal
nature of the fishery.
Given the limitations of existing recreational fishing monitoring
programs with respect to Atlantic billfish and swordfish, NMFS believes
that additional measures are needed to ensure compliance with
applicable ICCAT recommendations and to provide data for improving
stock assessments. The NMFS is issuing this proposed rule, and seeks
additional public comments to address these concerns.
Enhanced Monitoring Program
To ensure compliance with ICCAT recommendations and to further
domestic fishery management goals, NMFS proposes to monitor Atlantic
sailfish, blue and white marlin, and North Atlantic swordfish
recreational landings through a self-reporting method based on a toll-
free telephone call-in system. Such a call-in system would collect
catch information for all landings made from U.S. fishing vessels,
including landings made in foreign ports. To avoid duplication,
landings reported through a registered HMS tournament would be exempt
from the telephone call-in requirement. The toll-free call would take
less than 5 minutes for each response, and the reporting requirement
would likely amount to less than 500 calls per year. NMFS anticipates a
high level of compliance based on the conservation ethic and interest
in resource conservation by
[[Page 66388]]
recreational Atlantic billfish and swordfish anglers. To foster
support, the call-in requirement for non-tournament landings would be
advertised through public outreach with constituent groups, sport
fishing magazines, fishing tournaments, Fishery Management Councils,
and Billfish and HMS Advisory Panel members.
In addition to improving estimates of landings made outside
tournaments, mandatory reporting of billfish and swordfish landings via
the call-in system would provide additional data on the recreational
fishery and improve future stock assessments. Information on fishing
locations and ports of landing would enable NMFS to tailor existing
dockside and telephone surveys to better assess effort and catch rates
in the recreational billfish and swordfish fisheries.
Recreational Retention Measures
In light of the recent expansion in the recreational swordfish
fishery, NMFS also proposes to revise regulations at Sec. 635.22 to
implement a recreational retention limit for North Atlantic swordfish
of one swordfish, per vessel, per trip. This recreational possession
limit would apply to all vessels and is intended to establish long-term
stability within the recreational fishery, and to reduce the incentive
for unauthorized sale of swordfish landed in the recreational fishery.
Those vessel operators who wish to pursue a commercial handgear fishery
could seek to purchase a swordfish handgear limited access permit. Only
fishermen with such limited access permits are exempt from the
recreational retention limit and are authorized to sell swordfish.
Additionally, NMFS proposes to revise regulations at Sec. 635.21 to
clarify that only certain gear is authorized for recreational fishing
for Atlantic swordfish. Prior to the publication of the HMS FMP and
consolidation of Atlantic HMS regulations under new part 635 of the
Code of Federal Regulations (CFR) (64 FR 29090, May 28,1999),
regulations governing the Atlantic swordfish fisheries existed under 50
CFR part 630. Regulatory text at Sec. 630.2 specified that recreational
harvest of swordfish was limited to fish taken by rod and reel gear.
While that specific restriction was included in the initial proposed
consolidated HMS regulations (61 FR 57361, November 6, 1996), it was
not explicitly re-stated when the consolidated regulations were re-
proposed to implement the new requirements of the HMS FMP (64 FR 3486,
January 20, 1999).
The regulatory consolidation was not intended to make substantive
changes to existing regulations, other than those specifically noted as
necessary to achieve consistency or to implement new requirements of
the HMS FMP. The ambiguous reference to the restriction on recreational
swordfish fishing gear as it currently appears in the consolidated
regulatory text under 50 CFR part 635 was a drafting error and requires
the correction contained in this proposed rule. However, recognizing
that there has been some historical use of this handline gear
consistent with recreational fishing activity, NMFS also proposes to
revise regulations at Sec. 635.21 (d)(4) to include handlines as
authorized gear in the recreational swordfish fishery.
Applicability of Recreational Retention Limits
NMFS finalized a regulatory requirement for Charter/Headboat vessel
owners to obtain a permit to fish for Atlantic HMS in conjunction with
publication of the final Fishery Management Plan for Atlantic Tunas,
Swordfish, and Sharks (HMS FMP) (64 FR 29090, May 29, 1999). At the
time of publication of the final rule, OMB had not yet approved the
information collection. After receiving OMB approval, NMFS published a
notification to make the permit requirement effective (66 FR 30651,
June 7, 2001).
In a technical amendment to the consolidated regulations (64 FR
37700, July 13, 1999), NMFS clarified that the recreational daily
retention limit of three yellowfin tuna per person applies at all times
to persons fishing aboard vessels permitted with an Atlantic tunas
Charter/Headboat permit. That permit is now issued as the HMS Charter/
Headboat permit. Therefore, NMFS must revise the regulations pertaining
to retention limits to reflect issuance of the HMS Charter/Headboat
permit. In this rule, NMFS proposes to revise regulations at Sec.
635.22 to apply recreational Atlantic yellowfin tuna and shark
retention limits to HMS Charter/Headboat permit holders.
Mortality Reduction Program
To further reduce the potential for dead discards and delayed
mortality of swordfish, NMFS proposes to develop an outreach program to
promote the use of circle hooks within the recreational swordfish
fishery. NMFS has received information indicating that use of
conventional ``J''-style hooks in the recreational fishery is resulting
in foul-hooked fish (either in the fins or in the body) due to the
aggressive nature of swordfish feeding behavior. Foul-hooked fish can
receive sufficient injury to impair health which could lead to delayed
mortality after release. The use of circle hooks typically results in
fish being hooked in the mouth, which allows for a fish to be boated
and released in better condition. Circle hooks are already being used
to some extent within the recreational fishery due to their recognized
ecological benefits, so it is expected that with sufficient public
outreach, circle hook usage would increase.
Billfish Trade Requirements
Prior to the publication of the HMS FMP and consolidation of
Atlantic HMS regulations under new part 635 of the Code of Federal
Regulations (CFR) (64 FR 29090, May 28,1999), regulations governing the
Atlantic billfish fisheries existed under 50 CFR part 644. Regulatory
text at Sec. 644.24 prohibited persons from selling or purchasing
billfish taken from the Atlantic Ocean management unit. Billfish taken
from outside the Atlantic Ocean management unit could be sold only if
accompanied by documentation of its source. These regulations were
necessary to implement the Billfish FMP objective of reserving harvest
of Atlantic billfish for the recreational fishery.
While the specific regulations on the Billfish Certificate of
Eligibility were included in the initial proposed consolidated HMS
regulations (61 FR 57361, November 6, 1996), they were restated
differently when the consolidated regulations were re-proposed to
implement the new requirements of the HMS FMP (64 FR 3486, January 20,
1999). The regulatory consolidation was not intended to make
substantive changes to existing regulations, other than those
specifically noted as necessary to achieve consistency or to implement
new requirements of the HMS FMP. The revisions to the Billfish COE
regulations in the final consolidated regulatory text under 50 CFR part
635 were a drafting error that requires a correction to facilitate
enforcement of the COE requirements as originally intended. Therefore,
NMFS proposes to amend Sec. 635.31 to clarify these provisions.
Classification
This proposed rule is published under the authority of the
Magnuson-Stevens Act and the ATCA. The Assistant Administrator for
Fisheries, NOAA (AA), has preliminarily determined that the regulations
contained in this rule are necessary to implement the recommendations
of ICCAT and to
[[Page 66389]]
manage the domestic Atlantic highly migratory species fisheries.
NMFS prepared a draft Environmental Assessment (EA) for this
proposed rule, and the AA has preliminarily concluded that there would
be no significant impact on the human environment if this proposed rule
was implemented. The EA presents analyses of the anticipated impacts of
these proposed regulations and the alternatives considered. A copy of
the draft EA is available from NMFS (see ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
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 Paperwork Reduction Act(PRA), unless that
collection of information displays a currently valid OMB Control
Number.
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the PRA. The requirement
for mandatory reporting, via a toll-free call-in system, of all non-
tournament recreational landings of Atlantic sailfish, blue marlin,
white marlin, and North Atlantic swordfish has been submitted to OMB
for approval. Public reporting burden for this collection of
information is estimated to average 5 minutes per initial reporting
call and 5 minutes per confirmation callback. This proposed rule also
repeats collection-of-information requirements that have been approved
by OMB under control number 0648-0216. The estimated response times are
20 minutes to prepare a billfish Certificate of Eligibility and 2
minutes for recordkeeping by subsequent purchasers of the billfish.
These 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.
Public comment is sought regarding: whether this proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; the accuracy of the burden estimate; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information, including
through the use of automated collection techniques or other forms of
information technology. Send comments on these or any other aspects of
the collection of information to NMFS and OMB (see ADDRESSES).
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel of Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities
as follows:
The proposed rule would establish a recreational landings
monitoring program for Atlantic billfish and swordfish that would be
based on a toll-free call-in system. The system would collect catch
associated information for landings of Atlantic sailfish, blue and
white marlin, and North Atlantic swordfish, taken by persons aboard
U.S. fishing vessels. Additionally, the proposed rule would
implement a recreational retention limit for North Atlantic
swordfish of 1 swordfish, per vessel, per trip, as well as develop
an outreach program to promote the use of circle hooks within the
recreational swordfish fishery.
The landings monitoring call-in system would have minimal
economic impact to the recreational fishing community as there would
be no cost for the call and it would likely take less than 5 minutes
to report. Likewise, a recreational fishing catch limit of one
swordfish per vessel per trip should not have any significant
economic impact on recreational anglers or associated support
industries because of the relatively large size of most
recreationally-landed swordfish (often 50 to in excess of 200
pounds). Finally, it is expected that the use of circle hooks would
be well-received within the recreational community and that
voluntary use would occur. Circle hooks are already being used to
some extent within the recreational fishery due to their recognized
ecological benefits in avoiding injury to fish.
Accordingly, an initial regulatory flexibility analysis was not
prepared for this proposed rule.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics, Treaties.
Dated: December 19, 2001.
Rebecca Lent,
Acting Assistant Administrator, National Marine Fisheries Service.
For the 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 Sec. 635.5, paragraph (c) is revised to read as follows:
Sec. 635.5 Recordkeeping and reporting.
(c) Anglers--(1) Bluefin tuna. The owner of a vessel permitted, or
required to be permitted, in the Atlantic Tunas Angling or Atlantic HMS
Charter/Headboat category must report all BFT landed under the Angling
category quota designated at Sec. 635.27 (a) through the NMFS automated
catch reporting system within 24 hours of the landing. Such reports may
be made by calling 1-888-872-8862 or by submitting the required
information over the Internet at: www.nmfspermits.com .
(2) Billfish and swordfish. Anglers must report all landings of
Atlantic blue marlin, Atlantic white marlin, Atlantic sailfish and
North Atlantic swordfish. Except for fish reported through a fishing
tournament registered with NMFS, anglers must report all landings to
NMFS by calling 1-800-894-5528 within 24 hours of the landing. A
reported landing during a tournament must include the species, size,
date, and place of landing. For telephone reports, an additional
contact phone number must be provided so that NMFS can provide the
angler with a confirmation of the reported landing. The landing report
has not been completed unless the angler has received a confirmation
number from a NMFS' designee for telephone reports or from the
tournament operator for a landing made during a registered tournament.
(3) Alternative recreational catch reporting. Alternative
recreational catch reporting procedures may be established by NMFS in
cooperation with states and may include such methodologies as
telephone, dockside or mail surveys, mail in or phone-in reports,
tagging programs, or mandatory check-in stations. A census or a
statistical sample of persons fishing under the recreational fishing
regulations of this part may be used for these alternative reporting
programs (after the programs have received Paperwork Reduction Act
approval from OMB). Persons or vessel owners selected for reporting
will be notified by NMFS or by the cooperating state agency of the
requirements and procedures for reporting recreational catch. Each
person so notified must comply with those requirements and procedures.
Additionally, NMFS may determine that recreational landing reporting
systems implemented by the states, if mandatory, at least as
restrictive, and effectively enforced, are sufficient for recreational
landing monitoring as required under this part. In such case, NMFS will
file with the Office of the Federal Register for publication
notification indicating that compliance with the state system
[[Page 66390]]
satisfies the reporting requirements of paragraph (c) of this section.
3. In Sec. 635.20, paragraph (a) is revised to read as follows:
Sec. 635.20 Size limits.
(a) General. The CFL will be the sole criterion for determining the
size and/or size class of whole (head on) Atlantic tunas. The LJFL will
be the sole criterion for determining the size of an Atlantic swordfish
possessed on board, or landed from, a vessel that has not been issued a
limited access swordfish permit under Sec. 635.4.
4. In Sec. 635.21, paragraph (d)(4)(iv) is added to read as
follows:
Sec. 635.21 Gear operation and deployment restrictions.
(d) * * *
(4) * * *
(iv) Except for persons aboard a vessel that has been issued a
limited access swordfish permit under Sec. 635.4, no person may fish
for swordfish with, or possess a swordfish taken by, any gear other
than handline or rod and reel.
5. In Sec. 635.22, paragraphs (a), (c), and (d) are revised, and
paragraphs (e) and (f) are added to read as follows:
Sec. 635.22 Recreational retention limits.
(a) General. Recreational retention limits apply to a longbill
spearfish taken or possessed shoreward of the outer boundary of the
Atlantic EEZ, to a shark taken from or possessed in the Atlantic EEZ,
to a North Atlantic swordfish taken from or possessed in the Atlantic
Ocean, and to bluefin and yellowfin tuna taken from or possessed in the
Atlantic Ocean. The operator of a vessel for which a retention limit
applies is responsible for the vessel retention limit and for 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 the large coastal, small coastal, or
pelagic group may be retained per vessel per trip, subject to the size
limits described 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 who has been issued a
limited access vessel permit under Sec. 635.4 for Atlantic sharks.
(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 a
vessel permit under Sec. 635.4 for Atlantic tunas in a category other
than Angling. The yellowfin tuna retention limit applies to all persons
aboard a vessel issued an Atlantic Highly Migratory Species Charter/
Headboat permit under Sec. 635.4, including captain and crew.
(e) Bluefin tuna. Refer to Sec. 635.23 for Atlantic bluefin tuna
recreational retention limits.
(f) North Atlantic swordfish. One North Atlantic swordfish per
vessel per day may be retained. Regardless of the length of a trip, no
more than one North Atlantic swordfish may be possessed on board a
vessel. The recreational retention limit for swordfish applies to a
person who fishes in any manner, except to a person aboard a vessel
that has been issued a limited access swordfish permit under
Sec. 635.4.
6. In Sec. 635.30, paragraph (d) is revised to read as follows:
Sec. 635.30 Possession at sea and landing.
(d) Swordfish. Except for persons aboard a vessel that has been
issued a limited access swordfish permit under Sec. 635.4, any person
who possesses an Atlantic swordfish on board a vessel or who lands an
Atlantic swordfish in an Atlantic coastal port must maintain such
swordfish with its head, fins, and bill intact through offloading;
persons may eviscerate such swordfish, but it must otherwise be
maintained whole. Persons aboard a fishing vessel that has been issued
a limited access swordfish permit under Sec. 635.4 must maintain
Atlantic swordfish in either round or dressed form when possessed on
board the vessel from the time of capture through offloading in an
Atlantic coastal port.
7. In Sec. 635.31, paragraph (b)(2)(ii) is revised and paragraph
(b)(3) is added to read as follows:
Sec. 635.31 Restrictions on sale and purchase.
(b) Billfish.
(2) * * *
(ii) It is accompanied by a Billfish Certificate of Eligibility
(COE) form obtained from NMFS or its equivalent that documents that the
fish was harvested from other than the Atlantic Ocean management unit.
(A) The Billfish COE required under this section must indicate, in
English, the name and homeport of the harvesting vessel, and the date
and port of offloading. Only the purchaser of the billfish from the
harvesting vessel must complete this information.
(B) The Billfish COE must be signed and dated by each dealer in
possession of the product throughout the chain of custody up to but not
including the consumer. This signature indicates a declaration that the
billfish were not harvested from the management unit.
(C) A Billfish COE may refer to billfish taken from only one
harvesting vessel. If a shipment contains billfish taken from more than
one vessel, a separate billfish COE must accompany the shipment for
each harvesting vessel.
(D) A model Billfish COE can be obtained by contacting the Division
Chief. An equivalent form may be used provided it contains all of the
information required under this section.
(3) For the purposes of this paragraph 635.31(b), a dealer or
seafood processor means any individual, other than a consumer, who
engages in any activity, other than fishing, of industry, trade, or
commerce, including but not limited to the buying or selling of a
regulated species or parts thereof and activities conducted for the
purpose of facilitating such buying and selling.
[FR Doc. 01-31662 Filed 12-21-01; 8:45 am]
BILLING CODE 3510-22-S